Articles 52 to 102 of the Indian Constitution – The Structure of the Union Government
Articles 52 to 102 of the Indian Constitution – The Structure of the Union Government
The Indian Constitution is a living document, carefully crafted to balance democracy, accountability, and efficiency. Articles 52 to 102 fall mainly under Part V, dealing with the Union Government, focusing on the President, Vice-President, the Council of Ministers, the Attorney-General, and the two Houses of Parliament. These provisions lay the foundation for how India’s central government functions.
PART V – The Union
Chapter I – The Executive (Articles 52 to 78)
The President (Articles 52 to 62)
Article 52 – The President of India
Mandates the existence of a President as the head of the Union.
Article 53 – Executive Power of the Union
Vests the executive power in the President, to be exercised directly or through officers.
Article 54 – Election of the President
The President is elected by an electoral college consisting of elected MPs and MLAs.
Article 55 – Manner of Election of President
Ensures proportional representation using the single transferable vote system.
Article 56 – Term of Office of President
Five-year term, with eligibility for re-election.
Article 57 – Eligibility for Re-election
The President may be re-elected multiple times.
Article 58 – Qualifications for Election as President
Must be an Indian citizen, at least 35 years old, and qualified to be an MP.
Article 59 – Conditions of President’s Office
The President cannot hold other offices of profit and resides at Rashtrapati Bhavan.
Article 60 – Oath of President
Administered by the Chief Justice of India, swearing to uphold the Constitution.
Article 61 – Procedure for Impeachment of President
Allows impeachment for violation of the Constitution, requiring a two-thirds majority in both Houses.
Article 62 – Time of Holding Election to Fill Vacancy
Elections must be held within six months of a vacancy.
The Vice-President (Articles 63 to 71)
Article 63 – The Vice-President of India
Exists as the second-highest constitutional office.
Article 64 – Vice-President to be Ex-Officio Chairman of the Rajya Sabha
Presides over the upper house.
Article 65 – Vice-President to Act as President
Performs President’s duties during absence or vacancy.
Article 66 – Election of Vice-President
Elected by MPs of both Houses using proportional representation.
Article 67 – Term of Office of Vice-President
Five-year term with eligibility for re-election.
Article 68 – Time of Holding Election to Fill Vacancy
Elections for a vacancy must be held within six months.
Article 69 – Oath of Vice-President
Administered by the President.
Article 70 – Discharge of President’s Functions in Other Contingencies
Parliament decides arrangements if both President and Vice-President are unavailable.
Article 71 – Matters Relating to the Election of President or Vice-President
Election disputes are decided by the Supreme Court.
The Council of Ministers (Articles 72 to 78)
Article 72 – Pardoning Power of the President
Covers pardons, reprieves, respites, and remissions in certain cases.
Article 73 – Extent of Executive Power of the Union
Defines the Union’s authority in relation to Parliament’s legislative powers.
Article 74 – Council of Ministers to Aid and Advise the President
President acts on the advice of the Council of Ministers headed by the Prime Minister.
Article 75 – Appointment of Ministers
Ministers are appointed by the President on the PM’s advice; the Council is collectively responsible to the Lok Sabha.
Article 76 – Attorney-General for India
The top legal advisor to the Government, appointed by the President.
Article 77 – Conduct of Business of the Government of India
Specifies how government business is to be conducted.
Article 78 – Duties of Prime Minister
Includes keeping the President informed about government decisions.
Chapter II – Parliament (Articles 79 to 122)
General Provisions (Articles 79 to 88)
Article 79 – Constitution of Parliament
Consists of the President, Lok Sabha, and Rajya Sabha.
Article 80 – Composition of the Rajya Sabha
Includes representatives of states, UTs, and Presidential nominees.
Article 81 – Composition of the Lok Sabha
Members are directly elected from constituencies.
Article 82 – Readjustment after Each Census
Parliament may alter constituencies and seats after a census.
Article 83 – Duration of Houses of Parliament
Rajya Sabha is permanent with one-third retiring every two years; Lok Sabha’s term is five years.
Article 84 – Qualifications for Membership
Defines eligibility criteria for MPs.
Article 85 – Sessions of Parliament
President summons, prorogues, and can dissolve the Lok Sabha.
Article 86 – Right of President to Address and Send Messages
President can address either House and send messages.
Article 87 – Special Address by the President
Mandatory Presidential address at the first session after each general election.
Article 88 – Rights of Ministers and Attorney-General
They can participate in parliamentary proceedings, though not vote if not members.
Officers of Parliament (Articles 89 to 98)
Article 89 – Chairman and Deputy Chairman of the Rajya Sabha
Vice-President is Chairman; members elect the Deputy Chairman.
Article 90 – Vacation and Resignation
Specifies when these offices become vacant.
Article 91 – Power of Deputy Chairman
Acts in place of Chairman when absent.
Article 92 – Chairman or Deputy Chairman Not to Preside during Resolution for Removal
Self-explanatory.
Article 93 – Speaker and Deputy Speaker of the Lok Sabha
Elected from members of the House.
Article 94 – Vacation and Resignation
Conditions for vacating office.
Article 95 – Powers of Deputy Speaker
Acts when Speaker is absent.
Article 96 – Speaker or Deputy Speaker Not to Preside during Resolution for Removal
Self-explanatory.
Article 97 – Salaries of Officers of Parliament
Determined by Parliament.
Article 98 – Secretariat of Parliament
Each House has its own secretarial staff.
Conduct of Business (Articles 99 to 102)
Article 99 – Oath by Members
Members must take an oath before participating.
Article 100 – Voting in Houses
Decisions are by majority of members present and voting.
Article 101 – Disqualifications for Membership
Covers holding offices of profit, double membership, and absence without permission.
Article 102 – Grounds for Disqualification
Includes unsound mind, insolvency, non-citizenship, and disqualification under Parliament’s laws.
Conclusion
Articles 52 to 102 clearly define how the Union Executive and Parliament function. They provide a constitutional roadmap for smooth governance, ensuring separation of powers, accountability, and representation. Without these provisions, the day-to-day functioning of the Indian government would lack structure and legal clarity.
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