Part V: The Union

Part V establishes the structure and powers of the central government of India. It covers the Executive (President and Vice-President), Parliament (Lok Sabha and Rajya Sabha), Union Judiciary (Supreme Court), and the Comptroller and Auditor General of India. This part forms the backbone of India's federal structure.

Chapters Covered

Chapter I: The Executive (Articles 52-78)

The President and Vice-President
Article 52: The President of India

There shall be a President of India.

Role: Head of State and Supreme Commander of Armed Forces
Article 53: Executive Power of the Union

The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him.

Scope: President exercises executive power on behalf of the Union
Article 54: Election of President

The President shall be elected by the members of an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States.

Process: Indirect election by elected representatives
Council of Ministers
Article 74: Council of Ministers to Aid and Advise President

There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.

Function: Real executive power lies with Council of Ministers
Article 75: Other Provisions as to Ministers

The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.

Appointment: President appoints ministers on PM's advice

Chapter II: Parliament (Articles 79-122)

General Provisions
Article 79: Constitution of Parliament

There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.

Structure: Bicameral legislature with Rajya Sabha and Lok Sabha
Article 80: Composition of the Council of States

The Council of States shall consist of not more than two hundred and thirty-eight representatives of the States and of the Union territories.

Composition: Maximum 238 members (233 elected + 12 nominated)
Article 81: Composition of the House of the People

The House of the People shall consist of not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States.

Composition: Maximum 543 elected members from states and UTs

Chapter III: Legislative Powers of the President (Articles 123)

Article 123: Power of President to promulgate Ordinances

If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

Power: President can issue ordinances when Parliament is not in session

Chapter IV: The Union Judiciary (Articles 124-147)

The Supreme Court
Article 124: Establishment and Constitution of Supreme Court

There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

Structure: Chief Justice + up to 34 other judges (as per current law)
Article 32: Right to Constitutional Remedies

The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

Power: Supreme Court can issue writs for fundamental rights enforcement

Chapter V: Comptroller and Auditor-General of India (Articles 148-151)

Article 148: Comptroller and Auditor-General of India

There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal.

Role: Independent constitutional authority for audit and accounts

Key Features of Part V

Executive Power

  • President as Head of State
  • Council of Ministers headed by Prime Minister
  • Real executive power with Council of Ministers
  • President acts on advice of Council of Ministers

Legislative Power

  • Bicameral Parliament (Rajya Sabha + Lok Sabha)
  • Lok Sabha: Direct election, 543 members
  • Rajya Sabha: Indirect election, 238 members
  • President's power to promulgate ordinances

Judicial Power

  • Supreme Court as highest court
  • Chief Justice + up to 34 judges
  • Original, appellate, and advisory jurisdiction
  • Guardian of the Constitution

Financial Control

  • Comptroller and Auditor-General
  • Independent audit authority
  • Audit of Union and State accounts
  • Reports to President and Parliament