Background

India (known in Hindi as Bharat) is a Union of States. It is a Sovereign Socialist Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26 th November 1949 and came into force on 26 th January 1950.

Constitution of India (updated up to the 93 rd Amendment) in English as well as in Hindi- http://indiacode.nic.in/coiweb/welcome.html

According to the Constitution, India has a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and a bicameral legislature- two Houses to be known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Article 74(1) of the Constitution provides that there shall be a Council of Ministers with a Prime Minister as its head to aid and advise the President, who shall exercise his functions in accordance to the advice. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head. The Council of Ministers is collectively responsible to the House of the People (Lok Sabha).

The president appoints the prime minister, who is designated by legislators of the political party or coalition commanding a parliamentary majority. The president then appoints subordinate ministers on the advice of the prime minister.

The legislatures of the states and union territories elect 233 members to the Rajya Sabha, and the president appoints another 12. The elected members of the Rajya Sabha serve 6-year terms, with one-third up for election every 2 years. The maximum strength of the Lok Sabha envisaged by the Constitution is 552, upto 530 members to represent the States, up to 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the President, if,  in his opinion, that community is not adequately represented in the House.  The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States. The number is divided among the 28 States and the 7 Union Territories. The House of the People consists of members chosen by direct election by the citizens of India. The House of the People, unless dissolved sooner, continues for a term of five years.

Every State has a Legislative Assembly. Certain states have an Upper House called the State Legislative Council. The Governor is the Head of a State. The Constitution stipulates that there shall be a Governor for each State and the executive power of the State shall be vested in him. The council of Ministers with the Chief Minister as its head advises the Governor in the discharge of the executive functions. The Council of the Ministers of a state is collectively responsible to the Legislative Assembly of the State.

On the whole, the central government in India has greater power in relation to its states, and its central government is patterned after the British parliamentary system. In the past few years, however, the states are increasingly exerting more political influence, and Center-State relations continue to be a topic of intense debate among the country’s politicians and intellectuals.

Source:-Guide to Indian Laws- By V. Ramakrishnan