Introduction
Part V of the Constitution of India (Articles 52 to 151) deals with the Union Government, outlining the structure, powers, and functions of the Executive, Legislature, and Judiciary at the Centre, along with provisions related to Comptroller and Auditor General (CAG).
This part is extremely important for UPSC Civil Services Examination, especially for Polity, Governance, and Constitutional Framework. It explains how the Union functions, ensuring a balance between authority, accountability, and constitutional supremacy.
Chapter I: The Executive (Articles 52–78)
Article 52 – The President of India
Provides for the office of the President, who is the constitutional head of the State.
Article 53 – Executive Power of the Union
Vests the executive power of the Union in the President, to be exercised 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 and State Legislative Assemblies.
Article 55 – Manner of Election
Ensures proportional representation through the single transferable vote system.
Article 56 – Term of Office
The President holds office for five years, but continues until a successor assumes office.
Article 57 – Eligibility for Re-election
A President is eligible for re-election without any limit.
Article 58 – Qualifications
Must be:
- Citizen of India
- At least 35 years old
- Qualified to be a member of Lok Sabha
Article 59 – Conditions of Office
The President:
- Cannot hold any other office of profit
- Resides in official residence
Article 60 – Oath or Affirmation
Administered by the Chief Justice of India.
Article 61 – Impeachment of President
Provides the procedure for impeachment for violation of the Constitution.
Article 62 – Election to Fill Vacancy
Election must be held within 6 months in case of vacancy.
Vice-President (Articles 63–71)
Article 63 – Vice-President
Provides for the office.
Article 64 – Ex-officio Chairman of Rajya Sabha
Vice-President acts as Chairman of Rajya Sabha.
Article 65 – Acting President
Acts as President in absence or vacancy.
Article 66 – Election
Elected by members of both Houses of Parliament.
Article 67 – Term
Term is 5 years.
Article 68 – Vacancy
Election to fill vacancy must be timely.
Article 69 – Oath
Administered before entering office.
Article 70 – Discharge of Functions
Parliament may provide for contingencies.
Article 71 – Election Disputes
Supreme Court decides disputes regarding election.
Council of Ministers (Articles 74–75)
Article 74 – Council of Ministers
President acts on the aid and advice of the Council of Ministers headed by the Prime Minister.
Article 75 – Other Provisions
- Prime Minister appointed by President
- Ministers appointed on advice of PM
- Collective responsibility to Lok Sabha
Attorney General & Government Business (Articles 76–78)
Article 76 – Attorney General of India
- Chief legal advisor of the Government
- Has right to speak in Parliament
Article 77 – Conduct of Government Business
Executive actions are taken in the name of the President.
Article 78 – Duties of Prime Minister
PM communicates decisions of Council of Ministers to the President.
Chapter II: Parliament (Articles 79–122)
Article 79 – Constitution of Parliament
Parliament consists of:
- President
- Lok Sabha
- Rajya Sabha
Rajya Sabha (Articles 80–85)
Article 80 – Composition
Members are elected by State Assemblies; some nominated by President.
Article 81 – Composition of Lok Sabha
Members directly elected by people.
Article 82 – Readjustment
Delimitation after census.
Article 83 – Duration
- Lok Sabha: 5 years
- Rajya Sabha: Permanent body
Article 84 – Qualification
Defines qualifications for MPs.
Article 85 – Sessions of Parliament
President summons and prorogues sessions.
Officers & Conduct (Articles 89–98)
Article 89 – Chairman & Deputy Chairman (Rajya Sabha)
Vice-President is Chairman.
Article 93 – Speaker & Deputy Speaker (Lok Sabha)
Article 94–96
Deals with resignation and removal of presiding officers.
Article 97 – Salaries
Article 98 – Secretariat of Parliament
Legislative Procedures (Articles 107–111)
Article 107 – Introduction of Bills
Article 108 – Joint Sitting
To resolve deadlock between Houses.
Article 109 – Money Bills
Special procedure in Lok Sabha.
Article 110 – Definition of Money Bill
Article 111 – Assent to Bills
President can:
- Give assent
- Withhold assent
- Return (except Money Bills)
Parliamentary Privileges & Immunities (Articles 105–106)
Article 105
Freedom of speech in Parliament.
Article 106
Salaries and allowances.
Other Provisions (Articles 118–122)
Article 118 – Rules of Procedure
Article 120 – Language of Parliament
Hindi or English.
Article 121 – Restriction on Discussion
No discussion on conduct of judges.
Article 122 – Courts not to inquire proceedings
Chapter III: Legislative Powers of the President (Article 123)
Article 123 – Ordinance Making Power
President can promulgate ordinances when Parliament is not in session.
- Has force of law
- Must be approved within 6 weeks of reassembly
Chapter IV: The Union Judiciary (Articles 124–147)
Article 124 – Establishment of Supreme Court
Provides for the establishment of the Supreme Court of India.
Article 125 – Salaries of Judges
Article 126 – Acting Chief Justice
Article 127 – Ad hoc Judges
Article 128 – Retired Judges
Jurisdiction of Supreme Court
Article 131 – Original Jurisdiction
Disputes between Centre and States.
Article 132–134 – Appellate Jurisdiction
Article 136 – Special Leave Petition (SLP)
Supreme Court can grant special leave to appeal.
Article 137 – Review Power
Article 141 – Law declared by Supreme Court
Binding on all courts.
Article 142 – Complete Justice
Supreme Court can pass any order to ensure justice.
Independence of Judiciary
- Security of tenure
- Fixed salaries
- Removal only by impeachment
Article 143 – Advisory Jurisdiction
President may seek opinion of Supreme Court.
Article 145 – Rules of Court
Article 146 – Officers of Supreme Court
Article 147 – Interpretation
Chapter V: Comptroller and Auditor-General (Articles 148–151)
Article 148 – CAG
Provides for appointment of CAG by President.
Article 149 – Duties
Audits accounts of Union and States.
Article 150 – Form of Accounts
Article 151 – Audit Reports
Reports submitted to President and laid before Parliament.
Key Features of Part V
1. Parliamentary System
India follows the British model, where the executive is responsible to the legislature.
2. Nominal vs Real Executive
- President: Nominal head
- Prime Minister: Real executive
3. Bicameral Legislature
- Lok Sabha (Lower House)
- Rajya Sabha (Upper House)
4. Independent Judiciary
Ensures rule of law and constitutional supremacy.
5. Checks and Balances
- Executive accountable to Legislature
- Judiciary reviews laws
Importance for UPSC Preparation
- Frequently asked in Prelims (Articles & provisions)
- Critical for Mains GS Paper II
- Helps in understanding governance and polity
Part V of the Constitution of India forms the backbone of the Union Government, defining the roles and responsibilities of key institutions like the President, Parliament, Supreme Court, and CAG. It ensures a balanced governance system based on accountability, separation of powers, and constitutional supremacy.
For UPSC aspirants, mastering this part is essential to understand how India is governed at the highest level and how constitutional mechanisms maintain democratic stability.
Discover more from UPSC Xplainer
Subscribe to get the latest posts sent to your email.
