Category: Union Government:

The Government of India is the union government created by the constitution of India as the legislative, executive and judicial authority of the union of twenty nine states and eight union territories of a constitutionally democratic republic.

President

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President

The President of India in their role as head of Legislature has the authority to summon and to dissolve either house of Parliament. to summon and discontinue either house of Parliament. A bill passed by the Parliament turns into law only after the President gives his nod to it. While the President has the authority to return a bill for reconsideration to the Parliament, they have to sign it if the Parliament still chooses to pass the bill (with or without any amendment).

In a parliamentary system, the Council of Ministers depends on the support of the majority in the legislature. They can be removed at any point and a new Council can be brought in to replace them. A situation of this nature requires a Head of the State to step in as they symbolically represent the country and are vested with the authority to appoint the Prime Minister. This is the key role of the President of India. Additionally, if no majority party is established then it is up to the President to select and appoint the Prime Minister.

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Criminal Courts

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Criminal Courts

Under the Code of Criminal Procedure, the Criminal Courts (Sessions Courts) exercise their jurisdiction over criminal matters at the district level. As per the Code of Criminal Procedure, section 225 to 237 address the procedures in a trial before the Sessions Court.

A state government sets up a Sessions Court for every sessions division and it is run by a Sessions Court judge. The High Court of the state is responsible for appointing the judge. In case the office of the Sessions Judge is not filled, the High Court can make space to hear any urgent case matter or application through an Additional or an Assistant Sessions Judge or in case of their their absence, by a Chief Judicial Magistrate (CJM).

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Civil Courts

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Civil Courts

Aside from the High Court of a state, the Civil Courts (District Courts) are the main court of original civil jurisdiction and derive their jurisdiction in civil matters mainly through the code of civil procedure.

The court of the District Judge is the highest followed by the courts of the Sub-Judge, Additional Sub-Judge, and Munsif Courts.  Munsif courts are set up in the sub-divisional and district headquarter. All the civil cases are filed in the court of the Munsif. However, a case appeal from the court of the Munsif can be taken to the court of the Sub-Judge or the Additional Sub-Judge. Further, the appeals from the courts of the Sub-Judges and Additional Sub-Judges lie in the District Court.

A District judge is the head of a District court. They are appointed by the state Governor on the advice of that state's High Courts Chief Justice. Along with the District judge, Additional District judges and Assistant District judges are appointed as per the workload of the District courts. 

In order to become a District judge, one needs to appear for a written examination and oral interview by a panel of High Court judges. Additionally, one needs to be registered at the Bar council and should have practiced as a lawyer for a minimum of 7 years. The state government authorizes the appointment of District judges which is called direct recruitment.

Union Government

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Union Government

The Union Government of India mainly comprises of the Executive, the Legislature, and the Judiciary.  Under the Union Government, all powers are vested by the Constitution of India in the Prime Minister, Parliament and the Supreme Court. The President of India is the Head of the state while the elected Prime Minister acts as the head of the executive, and is responsible for running the Union government.

The parliament is bicameral in nature, with the Lok Sabha being the lower house, and the Rajya Sabha the upper house.

The Judiciary comprises of an apex Supreme Court, 25 High Courts, and several District Courts. The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the civil procedure code, the penal code, and the Criminal Procedure code.

Member of Parliament (MP)

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Member of Parliament (MP)

Members of Parliament (MPs) are elected differently across Lok Sabha and Rajya Sabhya, and have a different tenure based on the house they are a part of. The role of an MP can be divided into three categories: Legislative, Deliberative, and Developmental. Each of these is explained briefly below:

  1. Legislative Role: An MPs primary role is that of a legislator who is responsible for the passing of laws.
  2. Deliberative Role: MPs ensure that the Executive performs its duties satisfactorily. To achieve this, the MPs ask questions to the government ministers and Prime Minister in Parliament. There are provisions such as a Question Hour and a Zero Hour during which MPs can voice written as well as oral questions. The questions can be linked to the specific state or the constituency to which the MP belongs.
  3. Developmental Role: Apart from their role in Parliament, an MP also plays an additional developmental role in their state or constituency. There are responsible for the growth, well-being, and progress of their state or constituency.

An MP in Lok Sabha is chosen through direct elections where the adult citizens of the country cast their vote. A Lok Sabha MP serves for a term of 5 years. The law allows for the extension of this term in case of a state of emergency for a maximum of one year. Once the state of emergency ends, then the extension can prevail for a maximum of 6 months.

Qualifications required to become an MP of the Lok Sabha:

  • Must be a citizen of India.
  • Must not be less than 25 years of age.
  • Must be a voter for any parliamentary constituency in India.
  • Must be a candidate of a recognized political party and have one proposer from their constituency for their nomination.
  • An independent candidate needs ten proposers.
  • Candidates are required to make a security deposit of INR 25,000

An MP in Rajya Sabha is elected by the members of the State Assembly through a system of proportional representation of states by a single transferable vote. There are lesser members in Rajya Sabha as compared to the Lok Sabha. Membership to Rajya Sabha, unlike Lok Sabha, can not be dissolved at any time because of the permanent nature of the body. Though every second year, one-third of its members retire making space for new members to be appointed through fresh elections and nominations made by the President.

At present, there are 245 MPs in the Rajya Sabha. Of this, 233 members are elected through the votes of the legislatures of states and union territories. The President can appoint the remaining 12 members for their contributions to art, literature, science, and social services.

Qualifications required to become an MP of the Rajya Sabha:

  • Must be a citizen of India
  • Must be at least 30 years of age

Lok Sabha

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Lok Sabha

The lower house of the Indian Parliament is called the Lok Sabha (House of People). The Lok Sabha is authorized to enact laws on matters which are a part of the Union and the Concurrent list. Additionally, unlike Rajya Sabha which can not enact money bills, Lok Sabha has the power to introduce and approve both, money and non-money bills. It is responsible for giving approval to proposals on budgets and taxation. Lok Sabha establishes committees and commissions to perform and oversee certain tasks and considers their reports for decision making.

The Constitution of India mandates that the Lok Sabha can have a maximum strength of 552 members. Its members are elected by people through an election and represent the constituency they won the election from. They serve for a term of 5 years or till the house is dissolved by the President with the advice of the Council of Ministers.

Rajya Sabha

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Rajya Sabha

The upper house of the Parliament is called the Rajya Sabha (Council of States). In India, the Rajya Sabha represents the states and thus, it is given the power to protect the states and their rights against the Union. The Rajya Sabha is also involved in approving all proposed constitutional amendments. It debates and approves non-money bills and can suggest amendments to money bills. 

The Rajya Sabha comprises a maximum of 250 members. Of this, 238 are members who represent states and union territories, and the remainder of the 12 are those nominated by the President. The President can appoint these 12 members for their contributions to art, literature, science, and social services. It is a permanent body and can not be dissolved.  Every alternate year, one-third of Rajya Sabha members retire and space is made for new members to join. Every member serves a term of 6 years. The ex-officio Chairman of Rajya Sabha is the Vice President of the country. A Deputy Chairman is elected by the house members from amongst themselves. The most senior minister who serves as the leader of the house is appointed by the Prime Minister.

Legislature

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Legislature

The Legislature's primary responsibility is to enact laws in India. The role of the Legislature forms the basis for the functioning of the Executive and the Judiciary. Due to this, it is at times given the first place amongst the three because without laws being enacted, there can neither be implementation more application of laws.

The powers of the Legislature in India are exercised by the Parliament. India has a bicameral legislature that comprises the President of India and the two houses, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). Explore the sections on each of the two houses to understand the functioning of the Legislature in further detail.

Research and Analysis Wing (R&AW)

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Research and Analysis Wing (R&AW)

The Research and Analysis Wing (R&AW) is India's foreign intelligence agency. Its main role is to gather foreign intelligence, counter-terrorism, and counter-proliferation. The R&AW also gives advice to Indian policymakers and works on moving India's foreign strategic interests forward. It is also a part of ensuring the safety of India's nuclear program.

The in-charge of R&AW is a designated secretary in the Cabinet Secretariat. They are under the direct charge of the Prime Minister and report to the National Security Advisor of India on administrative affairs.

Indian Forest Service (IFoS)

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Indian Forest Service (IFoS)

The Indian Forest Service (IFoS) is one of the three civil services under All India Services. The key role of IFoS officers is to implement the National Forest Policy which ensures environmental stability is maintained in the country. Their role includes working towards the conservation and growth of the forests and wildlife in the region where they are posted.  Further, they are also responsible for dealing with any natural or manmade calamities which may endanger the forests or wildlife.

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