The Indian Constitution is the world’s lengthiest written constitution, designed to govern a vast and diverse democratic nation. Among its various parts, Part V (Articles 52 to 151) holds special significance as it lays down the framework of the Union Government — covering the Executive, Parliament, Union Judiciary, and the Comptroller and Auditor-General of India.
Let’s dive deep into this crucial part of the Constitution.
📘 Overview of Part V
Part V is titled “The Union” and deals with the structure, functioning, powers, and responsibilities of the central government. It ensures the proper functioning of the Union through five distinct chapters:
- Chapter I: The Executive (Articles 52–78)
- Chapter II: Parliament (Articles 79–122)
- Chapter III: Legislative Powers of the President (Article 123)
- Chapter IV: The Union Judiciary (Articles 124–147)
- Chapter V: Comptroller and Auditor-General of India (Articles 148–151)
🔹 Chapter I: The Union Executive (Articles 52–78)
This chapter defines the President, Vice-President, Prime Minister, Council of Ministers, and the Attorney General of India.
🔸 Article 52 – The President of India
- Establishes the office of the President, the ceremonial head of the Indian state.
🔸 Article 53 – Executive Power of the Union
- The executive power is vested in the President, who exercises it either directly or through officers subordinate to him.
🔸 Articles 54–62: Election and Terms of the President
- The President is elected by an Electoral College (comprising MPs and MLAs).
- He holds office for five years, but is eligible for reelection.
🔸 Article 63 – Vice-President of India
- Acts as the ex-officio Chairman of the Rajya Sabha.
- Steps in as President during vacancy or absence.
🔸 Articles 74 & 75 – Council of Ministers and Prime Minister
- There shall be a Council of Ministers headed by the Prime Minister to aid and advise the President.
- The President must act in accordance with this advice.
🔸 Article 76 – Attorney General of India
- The chief legal advisor to the Government of India.
- Enjoys the right of audience in all courts, including the Supreme Court.
🔸 Article 78 – Duties of the Prime Minister
- PM keeps the President informed of all decisions of the Council of Ministers.
🔹 Chapter II: The Parliament (Articles 79–122)
This chapter defines the structure and functioning of the bicameral Parliament of India: Rajya Sabha (Upper House) and Lok Sabha (Lower House).
🔸 Article 79 – Constitution of Parliament
- Parliament consists of President + Rajya Sabha + Lok Sabha.
🔸 Article 80 – Rajya Sabha (Council of States)
- Maximum strength: 250 members.
- 12 nominated by the President for their expertise in fields like literature, science, art, etc.
- Others elected by state legislative assemblies.
🔸 Article 81 – Lok Sabha (House of the People)
- Maximum strength: 552 members.
- Elected directly by people via universal adult suffrage.
🔸 Articles 84–104 – Membership and Functions
- Define qualifications, disqualifications, privileges, and salaries of members.
- Article 101: MPs must vacate seats if they hold a seat in both Houses or become disqualified.
🔸 Article 110 – Money Bills
- Defines Money Bill—can only be introduced in Lok Sabha, with Speaker’s certification.
- Rajya Sabha has limited powers over it.
🔸 Articles 107–111 – Legislative Procedure
- Bills must pass both Houses and get President’s assent to become law.
- President can give assent, withhold it, or return the bill (except Money Bills).
🔹 Chapter III: Legislative Powers of the President (Article 123)
🔸 Article 123 – Ordinance-Making Power
- When Parliament is not in session, the President can promulgate ordinances.
- These have force of law but must be approved by Parliament within 6 weeks of reassembly.
This provision is meant for emergency situations but has often sparked debate over executive overreach.
🔹 Chapter IV: The Union Judiciary (Articles 124–147)
This chapter establishes the Supreme Court, its jurisdiction, powers, and structure.
🔸 Article 124 – Establishment and Constitution of Supreme Court
- The Supreme Court is the apex court of India.
- Chief Justice + other judges as decided by Parliament.
🔸 Article 125 – Salaries and Allowances
- Judges are paid from the Consolidated Fund of India.
🔸 Articles 131–136 – Jurisdiction of Supreme Court
- Original jurisdiction: Disputes between Centre and States.
- Appellate jurisdiction: Appeals from High Courts.
- Advisory jurisdiction: President may refer matters under Article 143.
🔸 Article 141 – Law declared by the Supreme Court is binding on all courts.
🔸 Article 147 – Interpretation of the Constitution.
The Supreme Court is the guardian of the Constitution, ensuring that laws and executive actions comply with constitutional provisions.
🔹 Chapter V: Comptroller and Auditor-General of India (Articles 148–151)
This chapter creates the independent office of the CAG, vital for maintaining transparency in public finance.
🔸 Article 148 – CAG of India
- Appointed by the President.
- Holds office for 6 years or until 65 years of age.
🔸 Article 149 – Duties and Powers
- Audits all receipts and expenditures of Union and State governments.
- Audits bodies and authorities substantially financed by government funds.
🔸 Article 151 – Audit reports submitted to President and Governors, laid before Parliament or State Legislatures.
The CAG acts as a watchdog of public finances, promoting accountability and good governance.
🧠 Conclusion: The Foundation of the Union
Part V of the Constitution is central to India’s parliamentary democracy, ensuring a balanced separation of powers between the Executive, Legislature, and Judiciary at the Union level. It:
- Provides the structure for law-making and governance.
- Establishes independent institutions like the Supreme Court and CAG.
- Ensures checks and balances essential for a healthy democracy.
Understanding Part V is key to grasping how the Indian central government functions, upholding the ideals of justice, liberty, equality, and fraternity enshrined in the Preamble.
📚 Further Reading Suggestions:
- D.D. Basu’s Introduction to the Constitution of India
- M.P. Jain’s Indian Constitutional Law
- Laxmikanth’s Indian Polity
Reference: https://www.constitutionofindia.net/parts/part-v/
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