Part V: The Union

Chapter I – The Executive (Articles 52–78)

Article 52 – The President of India

• Establishes the office of the President as the ceremonial head of the Union.

Article 53 – Executive Power of the Union

• Vests the executive power of the Union in the President, who exercises it either directly or through subordinate officers.

Article 54 – Election of President

• The President is elected by an Electoral College consisting of:
  • Elected members of both Houses of Parliament.
  • Elected members of the Legislative Assemblies of States and Union Territories.

Article 55 – Manner of Election of President

• The election is conducted using proportional representation by means of a single transferable vote.

Article 56 – Term of Office

• The President holds office for a term of five years from the date on which they enter upon their office.

Article 57 – Re-election

• The President is eligible for re-election.

Article 58 – Qualifications for President

• Must be a citizen of India.
• Must have completed 35 years of age.
• Must be eligible for election as a member of the Lok Sabha.
• Must not hold any office of profit under the Union or State Governments.

Article 59 – Conditions of President’s Office

• Specifies conditions regarding the President’s office, including the prohibition on holding any other office of profit.

Article 60 – Oath or Affirmation by the President

• The President must take an oath or affirmation before entering upon their office.

Article 61 – Procedure for Impeachment of the President

• Outlines the procedure for the impeachment of the President for violation of the Constitution.

Articles 62–71 – Election and Other Provisions

• Details the procedure for the election of the President and Vice-President, and provisions related to their offices.

Articles 74–75 – Council of Ministers

• The President shall act in accordance with the aid and advice of the Council of Ministers, headed by the Prime Minister.

Article 76 – Attorney General of India

• The Attorney General is the chief legal advisor to the Government of India.

Articles 77–78 – Conduct of Business

• Specifies how the executive authority of the Union shall be exercised and the President’s role in the administration.

Chapter II – Parliament (Articles 79–122)

Article 79 – Constitution of Parliament

• Parliament consists of:
  • The President.
  • The Rajya Sabha (Council of States).
  • The Lok Sabha (House of the People).

Article 80 – Composition of Rajya Sabha

• Rajya Sabha is composed of:
  • 238 members elected by the members of the State Legislative Assemblies.
  • 12 members nominated by the President for their expertise in various fields.

Article 81 – Composition of Lok Sabha

• Lok Sabha is composed of:
  • 530 members directly elected from the States.
  • 20 members directly elected from Union Territories.
  • 2 members nominated by the President from the Anglo-Indian community (this provision was repealed by the 104th Constitutional Amendment Act, 2019).

Article 83 – Duration of Houses

• Rajya Sabha is a permanent body and is not subject to dissolution.
• Lok Sabha has a five-year term, unless dissolved sooner.

Articles 84–122 – Membership, Powers, and Functions

• Details qualifications for membership, disqualifications, and the powers and functions of both Houses of Parliament.

Chapter III – Legislative Powers of the President (Article 123)

Article 123 – Power of President to Promulgate Ordinances

• The President can promulgate Ordinances when both Houses of Parliament are not in session and if they are satisfied that circumstances exist which render it necessary for them to take immediate action.

Chapter IV – The Union Judiciary (Articles 124–147)

Article 124 – Establishment and Constitution of Supreme Court

• Establishes the Supreme Court of India as the apex court.
• Comprises the Chief Justice of India and other judges as prescribed by Parliament.

Article 125 – Salaries, etc., of Judges

• Specifies the salaries and allowances of judges of the Supreme Court.

Article 126 – Appointment of Acting Chief Justice

• Provides for the appointment of an Acting Chief Justice when the office is vacant.

Articles 127–128 – Additional and Retired Judges

• Provisions related to the appointment of additional judges and the sitting of retired judges.

Article 129 – Supreme Court to be a Court of Record

• Declares the Supreme Court as a Court of Record, meaning its decisions are preserved for evidence and can be cited as precedents.

Article 131 – Original Jurisdiction of Supreme Court

• The Supreme Court has original jurisdiction in disputes between:
  • The Government of India and one or more States.
  • Between two or more States.

Articles 132–134A – Appellate Jurisdiction

• Deals with the appellate jurisdiction of the Supreme Court in civil, criminal, and constitutional matters.

Article 136 – Special Leave Petition

• The Supreme Court has the discretion to grant special leave to appeal from any judgment, decree, or order passed by any court or tribunal in the country.

Article 137 – Review of Judgments or Orders

• The Supreme Court has the power to review its own judgments or orders.

Article 141 – Law Declared by Supreme Court to be Binding

• The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Article 143 – Advisory Jurisdiction

• The President can refer any matter of law or fact to the Supreme Court for its opinion.

Article 144 – Civil and Judicial Authorities to Act in Aid of the Supreme Court

• All civil and judicial authorities must act in aid of the Supreme Court.

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

Article 148 – Comptroller and Auditor-General of India

• Establishes the office of the Comptroller and Auditor-General (CAG) of India.
• The CAG is appointed by the President and can only be removed in the same manner as a judge of the Supreme Court.

Article 149 – Duties and Powers of the Comptroller and Auditor-General

• The CAG shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as may be prescribed by or under any law made by Parliament.

• Article 150: Accounts of Union/States kept in form prescribed by President.
• Article 151: CAG’s reports are submitted to the President, who lays them before Parliament.

Interesting Facts About Part V

1. President is the ceremonial head, but actual power rests with Council of Ministers (Art 74).
2. Rajya Sabha is a permanent house; never dissolves, only 1/3rd members retire every 2 years.
3. Ordinance-making power (Art 123) allows lawmaking without Parliament but has strict limitations.
4. Supreme Court’s verdicts are binding across India (Art 141).
5. CAG plays a major role in ensuring public financial accountability.
6. Many landmark judgments such as Kesavananda Bharati, SR Bommai, Minerva Mills, came through SC’s power under Part V.
7. Budget (Art 112) does not mention the word “budget” anywhere in the Constitution.

Summary Table