The Union Articles 52 to 151 : Indian Contitution Part 5

Contents Overview

The Union Articles 52 to 151: Understanding Part 5 of the Indian Constitution

Introduction

Part 5 of the Indian Constitution deals with “The Union,” comprising Articles 52 to 151. This section outlines the framework for the functioning of the central government, detailing the structure, powers, and responsibilities of various bodies. Understanding these articles is essential for grasping how the Indian political system operates, ensuring effective governance, and maintaining the rule of law. This comprehensive article explores the significance, components, and implications of The Union Articles 52 to 151, providing a clear understanding of their roles in the Indian constitutional framework.

Historical Context

The need for a well-defined central government structure arose during the Constituent Assembly debates. The framers sought to create a robust federal system that balanced powers between the Union and the States. Articles 52 to 151 reflect this intent, ensuring a strong central authority while allowing for regional autonomy.

Overview of The Union Articles 52 to 151

Article 52: The President of India

The article 52 establishes the office of the President of India, who is the constitutional head of the state. The President acts as the ceremonial leader, representing the unity and integrity of the nation. The President’s role is largely symbolic, with actual executive powers resting with the Council of Ministers.

Article 53: Executive Power

The article 53 outlines the executive power of the President, which is exercised either directly or through officers subordinate to him. This includes the appointment of the Prime Minister and other ministers, reflecting the President’s role in the functioning of the executive branch.

Article 54: Election of the President

This article details the process of electing the President through an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of States and Union territories.

Article 55: Manner of Election of President

The article 55 specifies the manner in which the votes for the President are cast, ensuring a proportional representation system through a single transferable vote.

Article 56: Term of Office of President

This article stipulates that the President holds office for a term of five years but is eligible for reelection. It also outlines the conditions under which the President may resign.

Article 57: Eligibility for Reelection

The article 57 clarifies that a person who has held office as President is eligible for reelection, reinforcing the democratic principle of continuity in leadership.

Article 58: Qualifications for Election as President

This article sets forth the qualifications required for a candidate to be eligible for election as President, including age, citizenship, and absence of disqualifications.

Article 59: Conditions of President’s Office

The article 59 enumerates the conditions under which a person may not hold office as President, ensuring that the office remains free from conflict of interest and upholds the dignity of the position.

Article 60: Oath or Affirmation by the President

This article mandates that the President must take an oath or affirmation before entering office, affirming to preserve, protect, and defend the Constitution and the law.

Article 61: Procedure for Impeachment

The article 61 outlines the procedure for the impeachment of the President. The process involves a two-thirds majority in both Houses of Parliament, ensuring accountability in the highest office.

Article 62: Time of Holding Elections

This article specifies the time frame within which elections to the office of President must be held, ensuring a smooth transition of power.

Article 63: The Vice President of India

The article 63 establishes the office of the Vice President, who acts as the ex-officio Chairman of the Rajya Sabha and is next in line for the presidency.

Article 64: Vice President to be Chairman of the Rajya Sabha

This article highlights the dual role of the Vice President as both a leader in the Rajya Sabha and a key player in the executive branch.

Article 65: Exercise of Presidential Functions during Vacancy

The article 65 provides for the exercise of the President’s functions during any vacancy in the office of the President, ensuring continuity in governance.

Article 66: Election of Vice President

This article details the process of electing the Vice President, similar to that of the President, through an electoral college.

Article 67: Term of Office of Vice President

The article 67 specifies that the Vice President serves a term of five years and is eligible for reelection, thus ensuring stability in leadership.

Article 68: Time of Holding Elections for Vice President

This article outlines the timeframe for holding elections for the Vice President, ensuring a timely and orderly electoral process.

Article 69: Oath or Affirmation by the Vice President

The article 69 mandates that the Vice President must take an oath or affirmation before entering office, pledging to uphold the Constitution.

Article 70: Discharge of President’s Functions in Certain Cases

This article clarifies the provisions for the discharge of the President’s functions when the office is vacant, ensuring that the government continues to operate smoothly.

Article 71: Matters Relating to the Election of President and Vice President

The article 71 deals with the election disputes concerning the President and Vice President, providing for the establishment of an authority to handle such matters.

Article 72: Power of President to Grant Pardons

This article empowers the President to grant pardons, reprieves, respites, or remissions of punishment under specific circumstances, serving as a check on judicial power.

Article 73: Powers of the Union

The article 73 outlines the powers of the Union government in relation to matters enumerated in the Concurrent List and the Union List, establishing its legislative authority.

Article 74: Council of Ministers to Aid and Advise President

This article emphasizes that the President acts on the advice of the Council of Ministers, ensuring the democratic principle of collective responsibility in governance.

Article 75: Other Provisions as to Ministers

The article 75 provides details about the appointment of ministers, their tenure, and the responsibilities of the Council of Ministers to the President.

Article 76: Attorney General for India

This article establishes the office of the Attorney General of India, who serves as the chief legal advisor to the government, representing it in legal matters.

Article 77: Conduct of Business of the Government of India

The article 77 outlines the manner in which the business of the government is to be conducted, emphasizing efficiency and accountability in administrative processes.

Article 78: Duties of the Prime Minister

This article specifies the duties of the Prime Minister, including the communication of government decisions to the President and ensuring the effective functioning of the Cabinet.

Article 79: Constitution of Parliament

The article 79 establishes the Parliament of India, consisting of the President and the two Houses: the Lok Sabha and the Rajya Sabha, thereby providing the legislative framework.

Article 80: Composition of Rajya Sabha

This article details the composition of the Rajya Sabha, specifying the number of representatives from various states and Union territories.

Article 81: Composition of Lok Sabha

The article 81 outlines the composition of the Lok Sabha, detailing the number of representatives based on population, ensuring adequate representation.

Article 82: Readjustment after each Census

The article 82 mandates the readjustment of parliamentary constituencies after each census, ensuring fair representation based on demographic changes.

Article 83: Duration of Houses

This article specifies the duration of the Lok Sabha and Rajya Sabha, setting terms of five years for the Lok Sabha and staggered terms for the Rajya Sabha.

Article 84: Qualification for Membership of Parliament

The article 84 outlines the qualifications required for membership in either House of Parliament, ensuring that representatives meet certain standards of eligibility.

Article 85: Sessions of Parliament

This article details the procedures for convening sessions of Parliament, including the authority of the President to summon and prorogue Parliament.

Article 86: Right of President to Address and Send Messages

The article 86 grants the President the right to address either House of Parliament and to send messages to them, reinforcing the role of the President in legislative matters.

Article 87: Special Address by President

This article provides for a special address by the President at the commencement of the first session of each year, outlining the government’s agenda and priorities.

Article 88: Rights of President to attend Parliamentary Proceedings

The article 88 ensures that the President or a representative can attend proceedings of Parliament, allowing for direct interaction with legislative processes.

Article 89: Leader of Opposition in Rajya Sabha

This article provides for the appointment of the Leader of Opposition in the Rajya Sabha, ensuring a balanced representation of political viewpoints.

Article 90: Leader of Opposition in Lok Sabha

Similar to Article 89, this article outlines the provisions for the Leader of Opposition in the Lok Sabha, facilitating constructive dialogue between the ruling and opposition parties.

Article 91: Disqualification for Membership of Parliament

The article 91 specifies the grounds for disqualification of members of Parliament, ensuring integrity and accountability in legislative bodies.

Article 92: Provisions for Vacation of Seats in Parliament

This article details the conditions under which seats in Parliament may become vacant, ensuring a clear process for filling such vacancies.

Article 93: Composition of Lok Sabha

The article 93 outlines the roles of the Speaker and Deputy Speaker of the Lok Sabha, establishing their responsibilities in maintaining order and decorum in proceedings.

Article 94: Disqualifications for Membership of Lok Sabha

This article specifies the disqualifications applicable to members of the Lok Sabha, ensuring that only eligible candidates serve in the House.

Article 95: Powers of Speaker of Lok Sabha

The article 95 defines the powers of the Speaker of the Lok Sabha, including the authority to regulate proceedings and maintain order during sessions.

Article 96: Deputy Speaker of Lok Sabha

This article establishes the position of the Deputy Speaker of the Lok Sabha and outlines their duties in assisting the Speaker.

Article 97: Powers of the Speaker in Case of Deadlock

The article 97 grants the Speaker specific powers to resolve deadlocks in the Lok Sabha, ensuring the smooth functioning of parliamentary proceedings.

Article 98: Provisions for Joint Sitting of Houses

This article provides for a joint sitting of both Houses of Parliament in case of a disagreement on a bill, facilitating cooperation and consensus.

Article 99: Oath of Members

The article 99 mandates that every member of Parliament must take an oath before entering office, affirming their commitment to uphold the Constitution.

Article 100: Voting in Houses

This article specifies the procedures for voting in both Houses of Parliament, ensuring democratic decision-making processes.

Article 101: Disqualifications for Membership of Rajya Sabha

The article 101 outlines the disqualifications applicable to members of the Rajya Sabha, maintaining integrity within the legislative body.

Article 102: Grounds for Disqualification

This article details the grounds for disqualification of members of both Houses of Parliament, ensuring that only eligible individuals serve.

Article 103: Decision on Disqualifications

The article 103 provides for the authority to decide on matters of disqualification, ensuring a fair and transparent process.

Article 104: Punishment for Disqualification

This article details the penalties for disqualification, reinforcing accountability among members of Parliament.

Article 105: Privileges of Members of Parliament

The article 105 outlines the privileges and immunities granted to members of Parliament, ensuring they can perform their duties without undue interference.

Article 106: Salaries and Allowances

This article addresses the salaries and allowances of members of Parliament, ensuring adequate compensation for their public service.

Article 107: Provisions for Legislation

The article 107 details the process for introducing legislation in Parliament, outlining the procedures for passing bills.

Article 108: Joint Sittings

This article reiterates the provisions for joint sittings of Parliament, ensuring cooperation in legislative processes.

Article 109: Money Bills

The article 109 defines Money Bills and the procedures for their introduction and passage in Parliament, ensuring financial accountability.

Article 110: Definition of Money Bill

This article further clarifies the definition of Money Bills, distinguishing them from other types of legislation.

Article 111: Assent to Bills

The article 111 outlines the procedures for the President’s assent to bills passed by Parliament, emphasizing the checks and balances in the legislative process.

Article 112: Annual Financial Statement

This article mandates the presentation of the annual financial statement, ensuring transparency in government finances.

Article 113: Appropriation Bills

The article 113 details the procedures for passing Appropriation Bills, ensuring proper allocation of government funds.

Article 114: Supplementary Grants

This article provides for supplementary grants to meet unforeseen expenditures, ensuring fiscal flexibility for the government.

Article 115: Expenditure in Advance

The article 115 allows for expenditure in advance of the grants approved by Parliament, ensuring continuity in government operations.

Article 116: Money Bills and Finance Bills

This article clarifies the distinctions between Money Bills and Finance Bills, ensuring proper legislative procedures.

Article 117: Procedure for Passing Finance Bills

The article 117 outlines the procedures for passing Finance Bills, emphasizing accountability in financial matters.

Article 118: Rules of Procedure

This article empowers Parliament to make rules for its procedure, ensuring orderly conduct of legislative business.

Article 119: Powers of Parliament to Make Laws

The article 119 details the powers of Parliament to make laws on matters enumerated in the Concurrent and Union Lists.

Article 120: Sessions of Parliament

This article reiterates the provisions for convening sessions of Parliament, ensuring effective legislative functioning.

Article 121: Restriction on Discussion

The article 121 places restrictions on discussions in Parliament regarding judicial decisions, ensuring the independence of the judiciary.

Article 122: Courts Not to Interfere

This article asserts that courts cannot interfere in the proceedings of Parliament, ensuring the separation of powers.

Article 123: Ordinance-Making Power of the President

The article 123 empowers the President to promulgate ordinances when Parliament is not in session, ensuring prompt legislative action.

Article 124: Establishment and Constitution of Supreme Court

This article establishes the Supreme Court of India, outlining its composition and powers.

Article 125: Salaries and Allowances of Judges

The article 125 addresses the salaries and allowances of Supreme Court judges, ensuring adequate compensation for their service.

Article 126: Appointment of Acting Chief Justice

This article provides for the appointment of an acting Chief Justice when the position is vacant, ensuring continuity in the judiciary.

Article 127: Appointment of Additional Judges

The article 127 empowers the President to appoint additional judges to the Supreme Court as necessary.

Article 128: Power of Chief Justice to Appoint

This article grants the Chief Justice the authority to appoint judges to the Supreme Court in certain circumstances.

Article 129: Supreme Court to be a Court of Record

The article 129 designates the Supreme Court as a court of record, ensuring the preservation of its judgments and proceedings.

Article 130: Seat of Supreme Court

This article specifies the seat of the Supreme Court, located in New Delhi, while allowing for additional seats if necessary.

Article 131: Original Jurisdiction of the Supreme Court

The article 131 defines the original jurisdiction of the Supreme Court in disputes between states or between the Union and states.

Article 132: Appellate Jurisdiction of the Supreme Court

This article outlines the appellate jurisdiction of the Supreme Court, allowing it to hear appeals from lower courts.

Article 133: Appeals to Supreme Court in Certain Cases

The article 133 details the conditions under which appeals can be made to the Supreme Court, ensuring judicial oversight.

Article 134: Appeals to Supreme Court in Criminal Cases

This article specifies the procedures for appeals in criminal cases, ensuring justice in the legal system.

Article 135: Jurisdiction and Powers of Supreme Court

The article 135 provides for the jurisdiction and powers of the Supreme Court, ensuring its authority in legal matters.

Article 136: Special Leave to Appeal

This article empowers the Supreme Court to grant special leave to appeal in certain cases, ensuring justice is served.

Article 137: Power to Review

The article 137 grants the Supreme Court the power to review its judgments, ensuring the ability to correct errors.

Article 138: Powers of Supreme Court to Transfer Cases

This article empowers the Supreme Court to transfer cases from one High Court to another, ensuring judicial efficiency.

Article 139: Conferment of Powers

The article 139 allows for the conferment of powers on the Supreme Court to hear matters of public interest.

Article 140: Power to Make Rules

This article empowers the Supreme Court to make rules for regulating its own procedures.

Article 141: Law Declared by Supreme Court

The article 141 establishes that the law declared by the Supreme Court shall be binding on all courts in India, ensuring uniformity in legal interpretation.

Article 142: Enforcement of Orders

This article empowers the Supreme Court to pass any order necessary for doing complete justice, reinforcing its authority.

Article 143: Advisory Jurisdiction

The article 143 provides for the Supreme Court’s advisory jurisdiction, allowing it to give advice to the President on legal matters.

Article 144: Civil and Judicial Authority

This article emphasizes the authority of the Supreme Court to exercise civil and judicial powers.

Article 145: Rules of the Supreme Court

The article 145 empowers the Supreme Court to make rules for its own procedure and the procedures of the courts subordinate to it.

Article 146: Appointment of Officers and Servants

This article provides for the appointment of officers and servants of the Supreme Court, ensuring efficient administration.

Article 147: Interpretation of Constitution

The article 147 allows for the interpretation of the Constitution, ensuring clarity in legal provisions.

Article 148: Comptroller and Auditor General of India

This article establishes the office of the Comptroller and Auditor General, ensuring financial accountability in government operations.

Article 149: Duties of Comptroller and Auditor General

The article 149 outlines the duties of the Comptroller and Auditor General, ensuring transparency in financial matters.

Article 150: Accounts of the Union

This article mandates the maintenance of accounts for the Union government, ensuring financial integrity.

Article 151: Audit Reports

Article 151 requires the Comptroller and Auditor General to present audit reports to Parliament, ensuring accountability.

Conclusion

The Union Articles 52 to 151 form a crucial part of the Indian Constitution, establishing the framework for the central government and its various institutions. These articles ensure a balance of power, accountability, and democratic governance, reinforcing the principles enshrined in the Constitution.

Understanding these provisions is essential for citizens, lawmakers, and public officials alike, as they navigate the complexities of governance and uphold the rule of law. As India continues to evolve, the principles enshrined in these articles will remain central to fostering a just and equitable society. By adhering to the framework established by The Union Articles 52 to 151, India can strive toward achieving its constitutional goals, ensuring that democracy thrives and the rights of all citizens are upheld.

The Constitution of India, adopted on January 26, 1950, is the supreme law of India and establishes the framework for the country’s political and legal system. It outlines the structure of government, fundamental rights, and duties of citizens, as well as the distribution of powers between the central and state authorities. The Constitution is notable for its length and comprehensive nature, incorporating elements from various global legal systems. It aims to promote justice, liberty, equality, and fraternity among all citizens, reflecting India’s commitment to democratic governance and social justice. “Learn Constitution of India on Wikipedia.”