Jurisprudence, Interpretation and General Laws · Constitution of India

Union Executive, Parliament and State Legislature Notes

Updated 11 October 2026 · Fact-checked

The Union Executive (President, Vice-President, Council of Ministers) runs the government, Parliament makes laws for the Union, and the Governor and state legislature do the same for a state. To answer questions, state the Article, the power, its limits, and a conclusion. Always link powers to the aid and advice of ministers.

Understand Union Executive, Parliament and State Legislature

India follows the parliamentary system. The President is the nominal head of the Union. Real executive power sits with the Council of Ministers headed by the Prime Minister. Article 74 says the President acts on their aid and advice. The same pattern applies in states: the Governor is the formal head and the state Council of Ministers headed by the Chief Minister holds real power (Article 163).

The Union Executive consists of the President, the Vice-President and the Council of Ministers (Articles 52 to 78). The President is elected indirectly by an electoral college of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the States (and of the Union Territories of Delhi and Puducherry). The Vice-President is elected by members of both Houses of Parliament and is the ex officio Chairman of the Rajya Sabha. The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).

Parliament (Article 79) is the President, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Lok Sabha is directly elected and can be dissolved. The Rajya Sabha is a permanent House: it is not dissolved, and one-third of its members retire every second year. Lok Sabha has the upper hand in money matters and in controlling the government through a no-confidence motion. Both Houses have equal power on ordinary bills and on constitutional amendment bills, and a joint sitting under Article 108 settles a deadlock on an ordinary bill.

The state legislature is the Governor and the Legislative Assembly, plus a Legislative Council in the states that have one (Article 168). The Governor is appointed by the President (Article 155). The Governor can summon, prorogue and dissolve, give assent to bills, reserve bills for the President, and issue ordinances when the legislature is not in session.

Finally, learn the legislative process: how an ordinary bill, a money bill and a financial bill pass, and how ordinances fit in. Questions usually test these distinctions, so learn them with Article numbers.

Key rules to remember

Aid and advice: Article 74(1) (Union) and Article 163(1) (State); President and Governor act on the advice of the Council of Ministers. The President may require reconsideration once, but must act on the advice given after reconsideration. The Governor has limited discretion where the Constitution allows it.
Qualifications for President: Article 58: Indian citizen, 35 years of age, qualified to be elected to Lok Sabha, holds no office of profit; Term is five years (Article 56). Re-election is allowed. Removal is by impeachment for violation of the Constitution (Article 61).
Impeachment of the President: Article 61: resolution passed by not less than two-thirds of the total membership of the House, after 14 days' written notice signed by at least one-fourth of the members; One House prefers the charge; the other investigates. If the investigating House also passes it by two-thirds of its total membership, the President is removed.
Vice-President: Article 63 to 71: age 35, term five years, ex officio Chairman of Rajya Sabha (Article 64); Removed by a Rajya Sabha resolution passed by a majority of all its then members and agreed to by Lok Sabha (Article 67(b)).
Ordinance power: Article 123 (President) and Article 213 (Governor); The President can issue an ordinance when either House of Parliament is not in session (Article 123). The Governor can do so when the Legislative Assembly, or both Houses in a state with a Legislative Council, is not in session (Article 213). In both cases the President or Governor must be satisfied that immediate action is needed. The ordinance has the force of an Act and must be laid before the legislature. A Union ordinance ceases six weeks after Parliament reassembles, or earlier if resolutions disapproving it are passed by both Houses. A state ordinance ceases six weeks after the legislature reassembles, or earlier if the Assembly passes a disapproving resolution and the Council, if any, agrees.
Money Bill: Article 110: deals only with matters such as taxes, borrowing, Consolidated Fund of India, and matters incidental to them; Introduced only in Lok Sabha on the President's recommendation. Rajya Sabha can only recommend changes within 14 days. Lok Sabha may accept or reject them. The Speaker's certificate is final.
Financial Bill: Article 117(1) and Article 117(3); There are two kinds. An Article 117(1) bill contains Article 110 matters but not only those. It can be introduced only in Lok Sabha, and only on the President's recommendation. An Article 117(3) bill is one that would involve expenditure from the Consolidated Fund if enacted. It can be introduced in either House, but neither House can pass it unless the President has recommended its consideration. Rajya Sabha has full powers on both kinds.
Joint sitting: Article 108; Applies to ordinary bills only after a deadlock: the other House rejects the bill, amendments are not agreed, or six months pass without passing it. It does not apply to money bills or constitutional amendment bills.
Pardoning power: Article 72 (President) and Article 161 (Governor); The President can pardon, reprieve, respite, remit or commute sentences, including death sentences and court-martial sentences. The Governor cannot pardon court-martial sentences or death sentences, though they can suspend, remit or commute a death sentence.

How to solve Union Executive, Parliament and State Legislature questions

Use this structure for any question on the Union Executive, Parliament or State Legislature.

1Read the question and identify the body: President, Vice-President, Council of Ministers, Parliament, Governor or state legislature.
2State the constitutional provision, with the Article number where you are sure of it.
3Explain the power or procedure in plain words, including its conditions (for example, 'only when the House is not in session').
4Mention the limit or check, such as aid and advice, legislative approval, or judicial review.
5For comparison questions, use two columns in your mind: Lok Sabha vs Rajya Sabha, President vs Governor, Money Bill vs Financial Bill. Write point by point.
6For problem questions, apply the rule to the facts given and test each condition in turn.
7End with a one-line conclusion that answers exactly what was asked.

Quickest way: Article-and-limit shortcut

When to use it: Use it when you have only a few minutes for a short-answer question.

Write the Article number and the name of the power in the first line.
Add the main condition that must be met.
Add the one key limit or check.
Close with a one-sentence conclusion.
For a comparison, write at least four distinct points, each as 'A: ... / B: ...'.

Common mistakes in Union Executive, Parliament and State Legislature

Treating the President as having real discretionary power in all matters.
Article 53 vests executive power in the President, so students stop reading there.
Fix: Always add Article 74: the President acts on the aid and advice of the Council of Ministers.
Confusing a Money Bill with a Financial Bill.
Both deal with finance and both need the President's recommendation.
Fix: Remember that a Money Bill (Article 110) deals only with listed money matters and gives Rajya Sabha only recommendatory power. A Financial Bill (Article 117) has money provisions mixed with other matters, and Rajya Sabha has full powers.
Saying that ordinances last six months.
Students mix up the six weeks after reassembly with the six months of other provisions.
Fix: An ordinance ceases six weeks after the legislature reassembles, or earlier if disapproved. For a Union ordinance, resolutions of both Houses of Parliament are needed. For a state ordinance, the Assembly's resolution, agreed to by the Council if there is one, is needed.
Applying a joint sitting to every bill.
Students remember Article 108 but not its exclusions.
Fix: Joint sitting is only for ordinary bills in a deadlock. It does not apply to money bills or constitutional amendment bills.
Assuming the Governor's pardoning power equals the President's.
Articles 72 and 161 look similar.
Fix: Remember the Governor cannot pardon court-martial sentences and cannot pardon a death sentence, though they can suspend, remit or commute it.
Stating that Rajya Sabha can be dissolved.
Students generalise from Lok Sabha.
Fix: Rajya Sabha is a permanent House. One-third of members retire every second year.

Worked examples

Example 1

Parliament is not in session. The Union Government needs urgent legislation on a matter within Parliament's competence. Explain whether the President can act and the limits on that power.

Show the solution

Provision: Article 123 allows the President to promulgate ordinances when either House is not in session.
Conditions: the President must be satisfied that circumstances exist which make immediate action necessary. In practice, the President acts on the advice of the Council of Ministers under Article 74.
Scope: the ordinance has the same force and effect as an Act of Parliament, but only on subjects on which Parliament can legislate. It cannot be used to amend the Constitution.
Limit: it must be laid before both Houses when Parliament reassembles. It ceases to operate six weeks after reassembly, or earlier if both Houses pass resolutions disapproving it. The President may also withdraw it.
Check: the power is subject to judicial review, for example on whether the conditions were met.

Answer: Yes. Under Article 123 the President can promulgate an ordinance, on the advice of the Council of Ministers, because Parliament is not in session. It has the force of an Act, must be laid before Parliament, and lapses six weeks after reassembly or earlier on disapproval by both Houses.

Example 2

Distinguish between a Money Bill and a Financial Bill.

Show the solution

Definition: a Money Bill (Article 110) contains only provisions on matters such as taxes, borrowing, and the Consolidated Fund of India, or matters incidental to them. A Financial Bill (Article 117) contains money provisions along with other matters, or involves expenditure from the Consolidated Fund.
Introduction of a Money Bill: it can be introduced only in Lok Sabha, on the President's recommendation.
Introduction of a Financial Bill: an Article 117(1) bill (Article 110 matters along with other matters) can be introduced only in Lok Sabha, on the President's recommendation. An Article 117(3) bill (involving expenditure from the Consolidated Fund) can be introduced in either House, but needs the President's recommendation for its consideration.
Rajya Sabha's role: for a Money Bill, Rajya Sabha can only make recommendations within 14 days of receiving it, and Lok Sabha may accept or reject them. For a Financial Bill of either kind, Rajya Sabha has full powers, as for an ordinary bill.
Certificate: the Speaker of Lok Sabha certifies a Money Bill, and the certificate is final. No such certificate is given for a Financial Bill.
Deadlock: a joint sitting does not apply to a Money Bill. It can apply to a Financial Bill, which is treated as an ordinary bill for this purpose.

Answer: A Money Bill deals only with the matters in Article 110, is certified by the Speaker, and Rajya Sabha has only recommendatory power. A Financial Bill under Article 117 mixes money provisions with other matters or involves expenditure from the Consolidated Fund. An Article 117(1) bill can be introduced only in Lok Sabha on the President's recommendation, while an Article 117(3) bill can be introduced in either House and needs the recommendation for consideration. Rajya Sabha has full powers over both kinds.

Exam tips

Learn Article numbers for the main powers: 53, 61, 72, 74, 79, 108, 110, 117, 123, 161, 163, 213. Cite them in your answer, but only when you are sure.
For comparison questions, such as Lok Sabha vs Rajya Sabha or President vs Governor, write point by point so the examiner can award marks per point.
Always mention the condition and the limit for ordinance power, joint sittings and the Money Bill process. These are the usual trap points.
In scenario questions, apply the rule to the facts, then give a clear conclusion in the last line.
Use the correct current text of the Constitution. If you are unsure of a section or Article, state the rule in plain words rather than guess.

Practice questions from Constitution of India

Union Executive, Parliament and State Legislature in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CMA FoundationStructure of Parliament and State Legislature

Union Executive, Parliament and State Legislature: frequently asked questions

What are the main powers of the President of India?

The President has executive, legislative, financial, judicial, diplomatic and emergency powers. These include appointing the Prime Minister, summoning Parliament, giving assent to bills, issuing ordinances under Article 123 and granting pardons under Article 72. All are exercised on the aid and advice of the Council of Ministers under Article 74.

What is the difference between Article 123 and Article 213?

Article 123 gives the President the power to issue ordinances when either House of Parliament is not in session. Article 213 gives the Governor the same power when the Legislative Assembly, or both Houses in a state with a Council, is not in session. Under the proviso to Article 213(1), the Governor must obtain the President's instructions in three cases. These are where a bill with the same provisions would need the President's previous sanction for introduction, where the Governor would have reserved such a bill for the President's consideration, or where a state Act with the same provisions would be invalid without the President's assent.

Can the Rajya Sabha reject a Money Bill?

No. Rajya Sabha can only recommend amendments within 14 days. Lok Sabha may accept or reject the recommendations. If Rajya Sabha does not return the bill within 14 days, it is deemed passed by both Houses in the form Lok Sabha passed it.

Is the Vice-President the head of Parliament?

No. The Vice-President is the ex officio Chairman of the Rajya Sabha but is not a member of either House. Parliament itself consists of the President, the Lok Sabha and the Rajya Sabha.