# UPSC Indian Polity and Civics The Union Judiciary Notes - Union Government

Notes - Union Government

Category : UPSC

UNION GOVERNMENT

Introduction

The Government of India or the Central or the Union Government is divided into three main sections, namely the executive, Legislature and the judiciary.

The union Government

PART V (ARTICLES 52 TO 151) deals with the Executive, Parliament (Legislature), Union Judiciary and the coptroller and Auditor General of India.

Union Executive: Articles 52 to 78 (Part V).

Union Executive in India consists, of the President, Vice-President, Prime minister and his/her Council of ministers and the Attorney General of India.

UNION EXECUTIVE

The President

• Article 52: There shall be a President of India. He shall be the head of the state.
• Article 53: Executive powers of the Union shall be vested in the President, exercised by him either directly or through the officers subordinate to him, who give aid and advice to the President for the exercise of powers.

Election of the President (Articles 54 & 55)

• Article 54 provides that President shall be elected by an electoral college consisting of:-

(a) Elected members of both houses of parliament.

(b) Elected members of the legislative assemblies of the states.

• Word "State" includes "National Capital Territory of Delhi" and UT of Pondicherry (Puducherry). This was added by 70th Amendment Act, 1992.

Members of legislative councils (in case of the bicameral legislature in state) do not participate in presidential election. Nominated members of both the Houses at the Centre and the States do not have voting rights in the election of the President.

• Article 55 (3) states that the election of the President shall be held in accordance with the system of proportional representation by means of single transferable vote. Voting is done through secret ballot.
• Article 55(1) provides that as far as practicable there shall be uniformity in the scale of representation among the states as well as parity between the states as a whole and the Union in the election of the President.
• To secure uniformity among states and parity between the Union and states following formula is adopted:

Value of the cote of an MLA

=\frac{Total\,\,population\,\,of\,\,the\,\,state}{\begin{align} & Elected\,\,members\,\,of\,\,the\,\,state \\ & legislative\,\,assembly\times 1000 \\ \end{align}}

Value of vote of an MP$=\frac{MLAs\,\,of\,\,all\,\,states}{Total\,\,Nos.\,\,of\,\,elected\,\,MPs}$

Population data used for these calculations are of 1971 census. 42nd amendment, 1976 froze the "last preceding census" to 1971, till the first census after 2000.

In 2000, the Union cabinet decided to extend the freeze on fresh delimitation of parliamentary and assembly constituencies up to 2026. The argument was that the states which had better population control thought that such a revision would reduce their seats in the parliament.

After calculating the value of vote of MLAs and MPs, a complex system of calculating the quota of individual candidates is used which is based on the order of preference of candidates.

Disputes on election of the President

Article 71 provides that all disputes arising out of the election of President or Vice-President shall be 'inquired' into and 'decided' by the Supreme Court whose decision shall be final.

If the election of President is declared void by the Supreme Court, the acts performed by President before the date of such decision of court remain valid.

Article 71(4) declares that the election of President or Vice-President cannot be challenged on the ground of any vacancy in the Electoral College which elects him.

Qualifications for the Office of President

• Under Article 58, he must be:

(a) Citizen of India

(b) Completed 35 years

(c) Qualified for election as a member of the Lok Sabha, i.e. he must be registered as a voter in a parliamentary constituency.

(d) Not hold any office of profit under GOI, or any state government or under any local or other authority subject to the control of the government.

• Under Article 59, the President cannot be a member of either house of parliament or any state legislature. If such a member is elected President, he shall be deemed to have vacated his seat in that house on the date which he enters the office of President.
• His emoluments, allowances and privileges are determined by the parliament by law. Salary and allowances cannot be diminished during his term of office. Monthly emoluments are Rs. 1.5 lakh and the pension is Rs. 75,000 per month.
• Oath or affirmation of President's office is administered by the Chief Justice of India (Article 60) or by the senior most judge of the Supreme Court.
• Term of office of President is 5 years from the date on which he/she enters upon his/her office. The president is eligible for re-election.
• Termination from office is possible before the term of 5 years ends either of the two ways:

(a) By resignation in writing under addressed to Vice-President of India who shall communicates it to the speaker, Lok Sabha.

(b) By removal by Impeachment (Article 61). The only ground for impeachment specified in Article 61 (1) is 'Violation of the Constitution'.

Impeachment against the President

Impeachment is a quasi-judicial procedure mentioned in Article 61.

Impeachment charge against the President may be initiated by either houses of the parliament.

Impeachment Process

Charge must be in the form of a proposal/ resolution signed by not less than 1/4th of the total members of the house and moved after giving at least 14 day’s advance notice to the President.

$\downarrow$

This resolution must be passed by a Majority of not less than 2/3rd of the total membership of the initiating house.

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Charge is then investigated by the other house. The President has right to appear and to be represented at the investigation.

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If the other house, after investigations, passes a resolution by 2/3rd majority of the total membership declaring that the charge is proved, the President is removed from the office from the date on which the resolution passed.

In this context, two things should be noted:

(a) the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election;

(b) the elected members of the legislative assemblies of states and the Union Territories of Delhi and Pondicherry do not participate in the impeachment of the President though they participate in his election.

No President has so far been impeached.

Vacancy in the office of President [Article 65(1)]

• This may be caused by:

(a) On the expiry of the term (5 years)

(b) By his/her death

(c) By his/her resignation

(d) On his/her removal by impeachment

• When he becomes disqualified to hold office or when his election is declared void.
• If the vacancy is caused by ending of the term, election to fill the vacancy must be completed before the expiry. Outgoing President continues to hold office even if his/her term has expired until his/her successor enters his/her office.
• If there is some other reason of vacancy other than expiry of term, election to fill the vacancy must be held within the 6 months from the date of occurrence of vacancy. The Vice-President shall act as President

[Article 65(1)].

If the President is temporarily unable to discharge his/her duties due to an absence from India, illness or any other such cause, Vice-President  hall discharge his functions until the President resumes his duties [Article 65(2)].

In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant, the senior most judge of the Supreme Court available) acts as the President or discharges the functions of the President.

When any person, i.e Vice-President, Chief Justice of India, or the senior-most judge of the Supreme Court is acting as the President or discharging the functions of the President, he enjoys all the powers and immunities of the President and is entitled to such emoluments, allowances and privileges as are determined by the Parliament.

Privileges of the President (Article 361)

(a) He is Not answerable to any court for the exercise of powers and duties of his office. However during, investigations to the charges of impeachment, conduct of the President may be reviewed by any court, tribunal or body appointed by either house of Parliament.

(b) During his term of office, no criminal proceedings, no process for arrest or imprisonment can be undertaken.

(c) No civil proceeding until:-

(a) A notice in writing has been given to the President 2 months in advance.

(b) The notice states the nature of proceeding, cause of action, name, residence and description

of the party taking the proceedings and the relief claimed.

Value of vote of an MLA

$=\frac{Total\,\,population\,\,of\,\,state}{Total\,\,no.of\,\,elected\,\,members\,\,in\,\,state\,\,legislative\,\,assembly}\times \frac{1}{1000}$

Value of vote of an MP

$=\frac{Total\,\,value\,\,of\,\,votes\,\,of\,\,all\,\,MLAs\,\,of\,\,all\,\,states}{Total\,\,no.elected\,\,MPs}$

• At second stage, a complex system of calculating Quota of individual candidate is used which is based on the order of preference of candidates.

Powers and Duties of the President

• “Executive power of the Union shall be vested in the President” (Article 53).
• There are Constitutional limitations on the exercise of powers by the President.
• All executive   powers   are   exercised   by   the President with the advice of the Council of Ministers [Article 74(1)].
• After the 42nd Constitutional Amendment it became obligatory for the President to seek advice of Council of Ministers. 44th Amendment gave him the power to send back the advice for reconsideration. But if the Council of Ministers sent back the same advice. President had to act according to such advice.
• “Executive Power” refers to the power exercised by the Council of Ministers in the name of the President. The Council of Ministers is the "real executive”,

Legislative Powers

• President is a part of the Parliament. He exercises legislative powers with ministerial advice [Article 74(1)].
• When a bill is presented to the President for his consent, he can take following 3 steps:

(a) He may declare his assent to the bill.

(b) He may declare that he withholds his ascent to die bill.

(c) He may, in case of bills other than money bills, return the bill for reconsideration of the houses.

• A money bill cannot be returned for reconsideration.
• But if a bill (other than money bill) is passed again by both houses of Parliament with or without amendment and again presented to President, he has to give assent to it.
• In case of state bills reserved by Governor for consideration of President, President has power of absolute veto, i.e. withholding of assent to the bill. Reservation is compulsory in the case where the law in question would derogate the powers of the High Court under the Constitution.
• In case of money bill of states so reserved, President may either declare his assent or withhold his assent.
• He has power to summon, prorogue the Parliament and he can dissolve the Lok Sabha (Article 85). He shall have the power to summon a joint sitting of both houses of Parliament in the case of deadlock over an ordinary bill presided over by Speaker (Article 108).
• Addresses both houses of Parliament assembled together, at first session after each general election to the Lok Sabha and at the commencement of first session of each year.
• President has right to address either house or their joint sitting at any time, and to require the attendance of members for this purpose. President has right to send , messages to either house of parliament either in regard to any pending bill or to any other matter.
• Nomination of members to both the houses of the Parliament:

For Rajya Sabha, 12 members are nominated. These persons are having the special knowledge or practical experience of Literature, Science, Art and Social Service [Article 80(1)].

• For Lok Sabha, not more than 2 members can be nominated by the President from Anglo-Indian community, if he thinks this community is not adequately represented in Lok Sabha. [Article 331].
• He decides on questions of disqualification of MPs in consultation with the Election Commission.
• He lays certain reports and statements before Parliament like: Reports of CAG, UPSC, Finance Commission, Special Officers for SCs/STs, Linguistic minorities, commission on backward classes and Annual Financial Statement (Budget).
• Prior recommendation of President for introducing legislation is required on:

(i) Bill for formation of new states or alteration of boundaries of existing states (Article 3).

(ii) Money bill [Article 117(1)].

(iii) Bill involving expenditure from consolidated fund of India even though it may not be a money bill.

(iv) State bills restricting Freedom of Trade (Article 304).

• Presidential veto's can be of following types:

The Veto power enjoyed by the executive in modern states can be classified into the following four types

1. Absolute Veto

It is the power to say no to a Bill passed by both Houses of Parliament. Such as Bill never becomes an act. The power cannot be overridden by the legislature. The Indian President has this power in relation in Bills except Money Bills.

1. Suspensive Veto

The President exercises this veto, when he returns a Bill for reconsideration of the Parliament. However, if the Bill is passed again by the Parliament, with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the Bill.

1. Pocket Veto

In this case, the President neither assents nor rejects nor returns the Bill, but simply keeps the Bill pending for an indefinite period. This power of the President not to take any action (either positive or negative) on the Bill is known as the Pocket Veto. Since, the Constitution of India does not specify a time limit for the President to give assent to a Bill, the Indian President can exercise Pocket veto.

1. Qualified Veto

It is the power of veto which can be overridden by the legislature by a higher majority. The American President may return a Bill within 10 days specifying his objections to the Bill. If both the houses pass the Bill again with 2/3rd majority (present and voting) the veto is overridden. If the requisite majority cannot be mustered, the veto stands. In India, there is no qualified veto.

• President of India enjoys Absolute, suspensive and pocket veto.

Financial Powers

• He causes to be laid before the Parliament the “Annual Financial Statement” or the "Budget”.
• Money Bill can be introduced in the Parliament only after his approval.
• No demand for grant can be made except on his recommendations.
• Money is released from the Contingency Fund after his sanction.
• He constitutes a "Finance Commission" after a gap of 5 years to recommend the distribution of revenues between Centre and states.

Executive Powers

• All executive work is performed in the name of the President.
• He appoints the Prime Minister and on his advice ministers of the Union; judges of the Supreme Court and high courts, Governors of the states, Attorney General, Comptroller & Auditor General, Chairman and members of Public Service Commission, members of the Finance Commission, other official commissions, special officers for SCs & STs, commission to report on administration of scheduled areas. Interstate council. Commission to investigate the condition of backward classes, special officers for linguistic minorities.
• These officials hold their office during the pleasure of the President. They can be removed by following the procedure laid down in the Constitution. He/she exercises these powers with the advice of Council of Ministers.
• He makes rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
• He directly administers the Union Territories through administrator appointed by him.
• He appoints the Chief Justices and the other judges of Supreme Court and high courts.
• He can seek the advice of the Supreme Court on questions of law or fact. The advice tendered by the Supreme Court is not binding on him.

Judicial Powers

• He appoints the Chief Justices and the other judges of Supreme Court and high courts.
• He can seek the advice of the Supreme Court on questions of law or fact. The advice tendered by the Supreme Court is not binding on him.
• Under Article 72, President has the power to grant:
• Pardons which completely absolve the offender from all punishments.
• Reprieves or stay on the execution of the sentence for a temporary period.
• Respites or awarding lesser punishment on special grounds.
• Remission or reduction of sentence without changing it's character.
• Commutation or substitution of one form of punishment for another form which is lighter.
• To suspend, remit or commute the sentence of any person convicted of any offence -
• By court martial.
• An offence against any law relating to any matter to which executive power of the union extends.
• In all cases of death sentence.
• He is the only authority for commuting a death sentence.
• Pardoning powers on the President is to correct possible judicial errors. No human system is totally free from imperfections.
• Power of President is an executive power and independent of judiciary. He is not a court of appeal and cannot be compelled to give a hearing to a petitioner. Courts cannot interfere in the exercise of this power.
• The President uses his pardoning powers on the advice of Union Government. ,

Military Powers

President is the supreme commander of the armed forces of the country. The exercise of this power is regulated by law (Article 53). He appoints the chiefs of the Army, Navy and Air force. He can declare war or conclude peace subject to the approval of the parliament.

Diplomatic Powers

He represents India in international forums. He sends and receives ambassadors and diplomatic representatives. All treaties and international agreements are negotiated and concluded in his name though subject to approval of the Parliament.

National Emergency

• The President can proclaim emergency in the entire country or in any part of it on the grounds of war, external aggression or armed rebellion.
• Term ‘armed rebellion’ was inserted ty the 44th constitutional amendment act (1978), replacing the original term 'internal disturbance'.
• The President can proclaim this emergency only after receiving a written recommendation from the cabinet.
• The proclamation of emergency must be approved by the parliament (both houses) within one month. If approved by the emergency shall continue for six months.
• It can be extended for an indefinite period with an approved of the parliament for every six months.
• A national emergency has been proclaimed three times so far in 1962, 1971 and 1975.
• During national emergency President can
• Give directions to any state with regard to the manner in which its executive power is to be exercised.
• Extend the normal tenure of the Lok Sabha by one year at a time.
• Modify the pattern of the distribution of financial resources between the union and the states.
• Suspend the fundamental rights of citizens except the right to life and personal liberty (article 21] and the right to protection in respect of conviction for offences (article 20). Moreover, the right to six freedoms (article 19) can only be suspended a case of external emergency (i.e. on the grounds of war or external aggression) and not in case of internal emergency (i.e. on the grounds of an armed rebellion).
• It should also be mentioned here that the Parliament can make laws on items mentioned in the State List during the period of national emergency. Such laws become ineffective six months after the emergency.
• Emergency can be declared even if imminent danger is there. Actual occurrence isn't necessary for its proclamation
• If a notice in writing signed by not less than 1/lOth of total members of Lok Sabha describing their intention to disapprove the continuation of emergency, served to Speaker of House or to President if house is not in session, special sitting shall be held within 14 days from date of such notice.
• Satisfaction of President can be challenged on grounds of malafide intention.
• In Minerva Mills Vs Union of India it was held that there is no bar to judicial review of the validity of proclamation of emergency issued by President under Article 352(1). But court's powers are confined to check whether limitations conferred by constitution are complied with or not.

State Emergency/President's Rule

• Also known as a constitutional emergency, it can be proclaimed by the President on the following grounds:

(i) Failure of constitutional machinery in the states (article 356) or

(ii) Failure to comply with or to give effect to directions given by the union (article 365)

• Imposed when the President is satisfied (on the basis of either a report of the state governor or otherwise), that the governance of a state cannot be carried on in accordance with the provisions of the constitution.
• The above proclamation in a State should be approved by the Parliament (both houses) within two months. If approved, it remains in force for six months. It can be extended for a maximum period of three years with the approval of parliament every six months. However, beyond one year, it can be extended by six month at a time only when the following two conditions are fulfilled.

(i) Proclamation of national emergency should be in operation in the entire country, or in the whole or any part of the concerned state; and

(ii) The election commission must certify that the general elections to the concerned state cannot be held on account of difficulties.

• The President acquires the following extraordinary refers during state emergency :-

(i) Assign to himself all or any of the functions of the state government and powers of the governor.

(ii) Declare that the powers of the state legislature

shall be exercisable by or under the authority of the parliament.

(iii) Authorize (when the Lok Sabha is not in session) expenditure from the consolidated fund of the state pending the sanction of such expenditure by the parliament.

(iv) Promulgate ordinances for the administration of the state when the parliament is not in session.

• In brief, the President dissolves the state council of ministers headed by the chief minister and the state legislature. The parliament passes the state budget and legislation bills. The state Governor, on behalf of the President, carries on the state administration of the state with the help of advisors appointed by the President.
• However, the President can't assume to himself power vested in high court/ suspend operation of any provision relating to high court.
• In S.R. Bommai Vs UOI case. Supreme Court said that the satisfaction of President can be scrutinized by the courts.
• First time proclaimed in Punjab in 1951 followed by PEPSU in 1953 and A.P. in 1954.

Financial Emergency

• The President can proclaim financial emergency if he is satisfied that the financial stability or credit of India or any part thereof, is threatened. Such a proclamation must be approved by the parliament within two months.
• President acquires the following extraordinary powers:-
• He can give directions to the states to observe the canons of financial propriety.
• He can require that all money bills and other financial bills passed by the state legislature be reserved for his consideration.
• He can issue directions for the reduction of salaries and allowances of all or any class of person serving in connection with the affairs of the union and the states, including the judges of the Supreme Court and high courts.
• This type of emergency has not been declared so far.

Miscellaneous Powers/Residuary Powers

• Can make rules and regulations relating to matters not mentioned in the Constitution.
• He has final legislative power for all Union Territories except Pondicherry and Delhi.
• He has special power for Scheduled Areas, Tribes and Tribal Areas.

Ordinance Making Power of the President (Article 123)

• Ordinances can be issued when both the houses of parliament are not in session and the President is satisfied that circumstances exist which make it necessary to take 'immediate action'.
• This power is exercised on the advice of Council of Ministers. Therefore it is not for 'individual satisfaction'.
• It is the most important legislative power of the President.
• Ordinances issued by the President have the force of an act of the Parliament. Ordinance can be retrospective, may amend or repeal any act of the parliament or a previous ordinance itself.
• Ordinances must be laid before both houses of the parliament and shall not operate at the expiry of 6 weeks from the date of re-assembly of the Parliament, unless disapproved earlier by the Parliament. If the houses are summoned to re-assemble on different dates, the period of 6 weeks is counted from the later of those dates.
• Though the ordinance making power of the President is coextensive with legislative power of the Parliament, it is not a parallel power of legislation. It is the power to meet emergent needs for legislation when the Parliament is not in session.
• An ordinance is void if it makes a provision which under the Constitution is beyond the competence of the Parliament. An ordinance cannot violate fundamental rights. Judicial interference is possible to check any malafide intention in an ordinance.
• Ordinance making power is a relic of Act of 1935.
• Ordinance making powers of President (Article 123) & Governors (Article 213) are corollary to each other.

Position of Indian President

The position of the Indian President is somewhat difficult to categorise. Like the American president, he is elected for a fixed term, and like his American counterpart he is removable by the legislature through the process of impeachment. But the Indian Constitution makers preferred not to go completely the American way because absence of coordination between the legislature and the executive is a source of weakness of he American political system. Political analysts prefer to use the more dignified term of "Constitutional head" the president has thus been made a formal or constitutional head of the executive and the real executive powers are vested in the Ministers or the Cabinet.

List of President of India

 Name Tenure Important Facts From To Dr. Rajendra Prasad 26.01.1950 13.05.1962 First President and also had the Longest tenure (12 years). Dr. S. Radhakrishnan 13.05.1962 13.05.1967 Was also the first Vice-President of India. Dr. Zakir Hussain 13.05.1967 03.05.1969 Shortest tenure; First Muslim President to die in harness V.V. Giri 03.05.1969 20.07.1969 First acting President of India. Justice M Hidayat-ul-lah 20.07.1969 24.08.1969 Was also the Chief Justice of India. V.V. Giri 24.08.1969 24.08.1974 --- F. Ali Ahmed 24.08.1974 11.02.1977 Died in Office BD Jatti 11.02.1977 25.07.1977 Acting President N Sanjeeva Reddy 25.07.1977 25.07.1982 Youngest President (64 years) Giani Zail Singh 25.07.1982 25.07.1987 First Sikh President R Vekataraman 25.07.1987 25.07.1992 Oldest President (76 years) Dr SD Sharma 25.07.1992 25.07.1997 --- KR Narayanan 25.07.1997 25.07.2002 First Dalit President Dr APJ Abdul Kalam 25.07.2002 25.07.2007 First Scientist to become President Mrs Pratibha Patil 25.07.2007 25.07.2012 First Woman to become President Pranab Mukherjee 25.07.2012 Till Date ---

Vice-President

·

• Article 63 of the Constitution provides that there shall be a Vice-President of India.
• Article 66 says that the Vice-President is elected by the member of both houses of Parliament in a joint session by secret ballot with the system of proportional representation by means of single transferable vote. States have no role to play in his election.
• Qualifications of the Vice-President are same as those of President except that he must be eligible for election to Rajya Sabha.
• His term of office is 5 years. He may resign from his office before the expiry of normal term by writing to the President.
• He can be removed from the post of the Vice President by a resolution of the Rajya Sabha, passed by a majority of all the members of the house and agreed to by a simple majority of the Lok Sabha. Such a resolution can be moved only after giving 14 day's notice of the intention to move the resolution. While resolution for impeachment of the President can be moved in the either of the houses, the resolution for the removal of Vice-President can only be moved in the Rajya Sabha.
• Vice-President gets a salary of Rs. 125,000 per month and other emoluments as chairman of Rajya Sabha besides a daily allowance while he presides over Rajya Sabha as admissible to a members of the Parliament.

Functions of The Vice President

• No functions are attached to the office of the Vice President.
• He is the ex-officio chairman of Rajya Sabha (Article 64).
• He presides over the meetings of Rajya Sabha but is not a member of Rajya Sabha. He has no right to vote.
• During his discharge of his functions as a resident, in case that post falls vacant on account of the death resignation or removal of the President (Art 65). The Vice-President shall have all powers and immunities of the President.
• He is entitled to such emoluments, allowances and privileges as may be determined by parliament by law, mentioned in Second Schedule.

Vice-Presidents of India

 Vice-Presidents Tenure Dr. Sarvapalli Radhakrishnan 1952-1962 Dr. ZakirHussain 1962-1967 1962-1967 Varahagiri Venkatagiri 1967-1969 Gopal Swarup Pathak 1969-1974 B D Jatti 1974-1979 Justice Mohammad Hidayat-ul-lah 1979-1984 R Venkataraman 1984-1987 Shanker Dayal Sharma 1987-1992 K RNarayanan 1992-1997 Krishan Kant (Died) 1997-2002 Bhairon Singh Shekhawat 2002-2007 Mohammad Hamid Ansari 2007 till date

The Prime Minister and Council of Ministers

Real Executive Authority

As the President of India is a constitutional executive head, the real executive authority of the Union is exercised by the Prune Minister and his Council of Ministers. The Indian PM has often been designated as primes inter pares (first among equals) & interstellar Lunar linares (moon among the stars).

The Prime Minister

The office of the Prime Minister has been created by the Constitution. The Prime Minister is appointed by the President (Article 75). Generally the President has no choice in the appointment of the Prime Minister and invites the leader of the majority political party in the Lok Sabha for this office. The Prime Minister theoretically holds office during the pleasure of the President. But the Prime Minister actually stays in office as long as he enjoys the confidence of the Parliament especially the Lok Sabha. The normal term is five years but it is automatically reduced if the Lok Sabha is dissolved earlier.

• The Prime Minister gets the same salary and allowances which are paid to the members of Parliament. He also receives a constituency allowance like other MPs. In addition, he is also entitled to a sumptuary allowance, free official residence, free travel medical facilities, etc.
• Powers of Prime Minister. The Prime Minister enjoys extensive powers which are as follows-
1. The President convenes and prorogues all sessions of the Parliament in consultation with him.
2. He can recommend the dissolution of Lok Sabha to the President before expiry of its normal term.
3. All the members of the Council of Ministers are appointed by the President on the recommendations of the Prime Minister.
4. He allocates portfolios among the various ministers and reshuffles them. He can ask a minister to resign and can even get him dismissed by the President.
5. He presides over the meetings of the Council of Ministers and exercises a strong influence on its

decisions.

1. He exercises general supervision over the working of other ministers and ensures that they work as a team.
2. The Prime Minister can bring about the fall of the Council of Ministers if he resigns. He is the pivot around which the Council of Ministers revolves.
3. The Prime Minister is the chief channel of communication between the President and the Council of Ministers and keeps the former informed about all the decisions of the Council.
4. He assists the President in the appointment of all high officials.
5. He can recommend to the President, with the concurrence of other cabinet ministers, to proclaim a state of emergency on grounds of war, external aggression or armed rebellion.

Presidential Rule in the states on grounds of breakdown of constitutional machinery or imposition of an emergency due to financial instability.

1. He is the chairman of the Planning Commission, National Development Council & Inter-State Council.

List of Prime Ministers

 Name Tenure Note Party (Alliance) From To Jawaharlal Nehru 15.08.1947 27.05.1964 First Prime Minister of India, died in office; also had the longest tenure (17 years) INC Gulzari Lal Nanda 27.05.1964 09.06.1964 First Acting Prime Minister INC Lal Bahadur Shastri 09.06.1964 11.01.1966 Only Prime minister to die abroad during an official tour INC Gulzari Lal Nanda 11.01.1966 24.01.1966 First to become Acting Prime Minister twice INC Indira Gandhi 24.01.1966 24.03.1977 First woman Prime Minister of India; First Prime Minister to lose an election INC Morarji Desai 24.03.1977 28.07.1979 Oldest Prime Minister (81 years) and the first to resign from office Janta Party Charan Singh 28.07.1979 14.01.1980 Only Prime Minister who did not face the Parliament Janata Party (Sucular) with INC Indira Gandhi 14.01.1980 31.10.1984 First Prime Minister to be assassinated INC Rajiv Gandhi Youngest Prime Minister (40 years) INC Vp Singh 21.12.1989 10.11.1990 First Prime Minister to step down after vote of no-confidence Janata Dal (National Front) Chandra Shekhar 10.01.1990 21.06.1991 --- Samajwadi Party with INC PV Narasimah Rao 21.06.1991 16.05.1996 First Prime Minister from Southern India INC Atal Bihari Vajpayee 16.05.1996 01.06.1996 Shortest tenure of a Prime Minister BJP HD Deva Gowada 01.06.1996 20.04.1997 --- Janata Dal (United Front) IK Gujral 21.04.1997 19.03.1998 --- Janata Dal Atal Bihari Vajpayee 19.03.1998 13.10.1999 --- BJP (NDA) Atal Bihari Vajpayee 13.10.1999 22.05.2004 --- BJP (NDA) Dr Manmohan Singh 22.05.2004 26.05.2014 First Sikh Prime Minister, longest tenure after JL Nehru INC (UPA) Narendra Modi 26.05.2014 Till date First PM born after Independence BJP (NDA)

Council of Ministers

• “There shall be a Council of Ministers with Prime Minister as its head to aid and advice the President, who shall in exercise of his functions act in accordance with such advice" (Article 74(1) after 42nd amendment, 1976.
• The Prime Minister is appointed by the President, Ministers are appointed by the President on advice of the Prime Minister [Article 75(1)].
• The ministers hold office during the pleasure of President [Article 75(2)].
• There is no constitutional bar for a nominated member to be appointed as a union minister.
• There is no bar on the appointment of a person from outside the legislature as minister, but he cannot continue as minister for more than 6 months unless he secures a seat in either house of Parliament by election or nomination.

[Article 75(5)].

• The salaries of the ministers and their salaries and allowances are determined by the Parliament.
• Constitutional duties of the Prime Minister as provided in Article 78 is to communicate to the President “all decisions” of the Council of Ministers relating to:
• Administration of the affairs of the Union.
• Proposal for legislation.
• To furnish information relating to the administration of affairs of the Union and proposals for legislation as the President may call for.
• If the President so requires to submit for the consideration of Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.
• Allocation of the portfolios among ministers is done by the Prune Minister.

Powers

The Council of Ministers formulates and implements the policy of the country. It introduces most of the important bills and resolutions in the Parliament and steers them through.

It prepares and presents the budget to the Parliament for its approval; and generally it is passed in the form in which it is presented.

The foreign policy of the Government is determined by the Council of Ministers. It plays a vital role in recognition of new states and advises the President with regard to appointments of diplomats.

Collective Responsibility

• Council of Ministers are collectively responsible to the Lok Sabha [Article 75(3)]. The ministry resigns if it loses the confidence of the Lok Sabha.
• Vote of no confidence passed against any minister leads to the resignation of the entire Council of Ministers.
• They work as a team and swim and sink together.

Individual Responsibility

• The principle embodied in Article 75(2) is that of individual responsibility. It says that the minister shall hold office during the pleasure of the President.
• Hence a minister can be dismissed even if the ministry has the confidence of legislature.

Legal Responsibility

The system of legal responsibility of a minister is not prescribed in the Indian Constitution. The Indian Constitution does not say the President can act only through Minister, it is left to the President to make rules as to how his orders are to be authenticated. Further the courts are barred from inquiring into the nature of advice rendered by the ministers. As such, if the President's act is authenticated by a secretary to the government of India no minister can be hold legally responsible for it even through he may have advised it.

Composition of Council of Ministers

There are 3 categories of Ministers:

1. Cabinet ministers
2. Minister of state
3. Deputy Ministers

• Cabinet ministers head ministries in the Government. They are members of the Cabinet, attend its meetings and decide policies.
• Ministers of state can have an independent charge or can be attached to cabinet ministers. They are not members of the cabinet nor do they attend its meetings unless invited.
• Deputy Ministers have no separate charges. They assist the ministers with whom they are attached and perform administrative duties.
• There are also parliamentary secretaries with no department under their control. They assist senior ministers in discharging parliamentary duties. Since 1967, no parliamentary secretaries have been appointed.
• Cabinet is an extra-constitutional body based upon conventions. It is the supreme policy making body.
• Kitchen cabinet is an extra-constitutional body consisting of the Prime Minister and a few influential colleagues in whom he has faith and with whom he can discuss issues. It may include outsiders.

Council of Ministers (As Centre and State level): Composition

Council of Ministers vs Cabinet

 It is a wider body consisting of 60 to 70 ministers. It is a smaller body consisting of 15 to 20 Ministers. It includes all the three categories of ministers, Cabinet Ministers, Ministers of State and Deputy Ministers. It   includes   the   cabinet i.e. Ministers only.   Thus, it is a part of the Council of ministers. It does not meet, as a body, to transact government business, It has no collective functions. It meets as a body frequently and usually once in a week, to deliberate and take decisions regarding the transaction of the government business. Thus, it has collective functions. It is vested with all powers. but in theory. It exercises, in practice, the power of the Council of Ministers and thus acts for the latter. Its functions are determined by the Cabinet. It directs the Council of Ministers by taking policy decisions which are binding on all ministers. It implements the decisions taken by the Cabinet. It supervises the implementation of its decisions by the Council of Ministers. It is a constitutional body, dealt in detail by the Articles 74 and 75 of the Constitution, Its size is determined by the Prime Minister according to the exigencies of the time, and the requirements to the situation. Its classification now into a three-tier body, and is based on the conventions to the parliamentary form of government as developed in Britain. It has however, got a legislative sanction. Thus, the Salaries and Allowances Act of 1952 defines a 'Minister' as a "Member of the Council of Minister", by whatever name called and includes a Deputy Minister. The word 'cabinet' was inserted in the Article 352 of the Constitution in 1978 by the 44th Constitutional Amendment Act. Thus, it did ot find a place in the original text of the Constitution. Even, Article  352  defines the cabinet saying that, it is "the council consisting the Prime Minister and other Ministers of Cabinet rank appointed under Article 75? and does not describes its powers and functions. In other words, its role in our politico-administrative system is based on the conventions of the parliamentary form of government as developed in Britain. It is collectively responsible to the Lower House of the Parliament. It enforces the collective responsibility of the Council of Ministers to the Lower House of the Parliament.

Attorney General of India

Attorney General is the highest legal officer of the Union Government and renders legal assistance to it. He is appointed by the President and holds office during his pleasure. To be eligible for appointment as Attorney General of India, a person must possess the qualifications prescribed for a judge of the Supreme Court. He is entitled to such salary and allowances as may be determined by the President. The Attorney General is entitled to audience in all courts in the country and can take part in the proceedings of the Parliament and its committees. However, he is not given the right to vote.

Functions

He is the chief legal adviser of the Government of India and gives it advice on all such legal matters which may be referred or assigned to him by the President. He also performs such other legal duties as are assigned to him by the President from time to time. The Attorney General appears before the Supreme Court and various High Courts in cases involving the Government of India.

UNION LEGISLATURE

The Parliament

The Parliament is the Union Legislature of India. It consists of the President and two houses the Lok Sabha (house of people) and Rajya Sabha (council of states). Article 79 to 123 in Part-V deals with the provisions of the Parliament.

Functions of Parliament

Lok Sabha

Lower House of the Parliament and ateo blown as the first

Chamber.

• Members of Lok Sabha are directly elected by the people.
• Total membership is fixed at 552 by the Constitution. Their distribution among the States and Union Territories are:
• 530 representatives from the states.
• 20 members from the Union Territories.
• 2 Anglo Indian members nominated by the President if such community has not been adequately represented.
• The mode of election of the Lok Sabha is:
• State representatives are elected directly by the people of the state.
• Union territory representatives are elected in the manner prescribed by parliament by law.

Every citizen of India of 18 years and above and is not disqualified on the grounds of non- residence, unsoundness mind, crime or corrupt or illegal practices is entitled to vote (Art 326).

• Constitution 61st Amendment Act (1987) has reduced the age of voting from 21 to 18 years.
• Term of Lok Sabha is normally 5 years but it can be dissolved earlier by the President.
• Its term can be extended beyond 5 years by the Parliament. This can be done during the proclamation of emergency (.Under Art 352). But this extension cannot be done for a period exceeding one year at a time and such extension cannot continue beyond a period of 6 months after proclamation of emergency ceases to operate.

Territorial Constituencies for Lok Sabha

• For conduct of elections, each state is divided into territorial constituencies. Art 81(2) provides for the uniformity of representation in 2 respects (after 7th Amendment Act 1956) :
• as between different states
• as between different constituencies in same state
• Each state has been allotted a fixed number of seats keeping the ratio between the number of seats and the population.
• Each state has been divided into territorial constituencies such that the ratio between the population of the state and the number of seats allotted to it remains almost the same.
• Art 82 stipulates delimitation of territorial constituencies to the Lok Sabha.
• Delimitation of Constituencies is done after each Census by a designated authority and in a manner as the Parliament by law determines. 1971 census data is being used now. The number of seats has been freezed till 2026 to maintain the share of states where the rate of population growth is declining.
• Constitution provides for proportional representation for Rajya Sabha and not for Lok Sabha and legislative assemblies.

Offices of Speaker and Deputy Speaker of Lok Sabha

• The Speaker presides over the Lok Sabha.
• Speaker and Deputy Speaker are elected by the members of Lok Sabha.
• Deputy Speaker performs the duties of the speaker if the office of the speaker falls vacant. If the office of the Deputy Speaker is also vacant, duties of the Speaker shall be pprfonTied bv r member of the house appointed by the President.
• They vacate their office the moment they cease to be a member of the house. The Speaker continues in his office even if Lok Sabha is dissolved. He/she holds the office till the new Lok Sabha meets.
• They can be removed by a resolution of the Lok Sabha with a majority of all the then members of the house. However a 14 days' notice is necessary to move such a resolution.
• To ensure the independence of the Speaker, his/her salary is paid from the Consolidated Fund of India and is not subject to the annual vote of the Parliament
• He/ she cannot be removed from the office except by a resolution passed by a special majority.
• If the Speaker wants to resign, the letter of resignation should be addressed to the Deputy Speaker and vice-versa.
• Upto the 10th Lok Sabha, both the Speaker and Deputy Speaker were usually from ruling party. Since the 11th Lok Sabha there has been a consensus that Speaker comes from the ruling alliance and post of Deputy Speaker Goes to the main opposition party.

Pro Tem Speaker

As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the speaker Pro Tern. Usually, the senior most member is selected for this. The President himself administers oath to the speaker Pro Tern.

The speaker Pro Tern has all the powers of the speaker. He presides over the first sitting of the.newly-elected Lok Sabha. His main duty is to administer oath to the new members. He also enables the house to elect the new speaker.

When the new speaker is elected by the house, the office of the speaker Pro Tern ceases to exist. Hence, this office is a temporary office, existing for a few days.

Rajya Sabha

The Rajya Sabha is the second chamber or Upper House of the Parliament. It consists of representatives of the states. The maximum strength of the Rajya Sabha is 250. Of these, 238 represent the states and union territories and the rest are nominated by the President. The nominees are persons who have distinguished themselves in the field of literature, art, science, social service and so on. Representatives of the states are elected by members of state legislative assemblies on the basis of proportional representation through a single transferable vote. It is noteworthy that in the Rajya Sabha, the states have been provided representation on the basis of their population.

• Rajya Sabha is a permanent house and is not subject to dissolution.
• Its members are elected for a period of 6 years but 1/3rd of its members retire after every 2 years.

As regards qualifications for membership of the Rajya Sabha, the candidate must -

• be a citizen of India.
• be 30 years of age or more.
• be a parliamentary elector in the state in which he is seeking election.
• possess such other qualifications as may be prescribed by the Parliament from time to time.

Chairman and Deputy Chairman of Rajya Sabha

• The Vice-President of India is the ex-officio chairman of the Council of States.
• Deputy chairman is elected by the Rajya Sabha. He shall be a member of Rajya Sabha.
• Office of Deputy Chairman terminates if he ceases to become the member of the Council.
• Deputy Chairman can also resign, submitting his resignation to the Chairman in writing. He can also be removed from his office by a resolution of the Rajya Sabha, passed by a majority of all the then members of the Council. But such a resolution can only be moved by giving at least 14 days notice in advance.
• If the office of Chairman is vacant. Deputy Chairman discharges his functions. But if the office of Deputy chairman is also vacant, the duties of his office shall be discharged by such a member of the Rajya Sabha as the President may appoint for the purpose.
• The sitting of the house is presided over by the Chairman and in his absence, by the Deputy Chairman. But if both of them are absent then such person as may be determined by the rule of procedure of the Council shall preside over the sitting of the house.

Qualifications for the Membership of Parliament (Art 84)

• The individual contesting should be a citizen of India.
• He should be at least 30 years of age for Rajya Sabha and 25 years for Lok Sabha.
• He should possesses such other qualifications as prescribed by the Parliament.
• His name should be registered as a voter in any parliamentary constituency.
• No minimum educational qualification has been prescribed.
• He/she must not hold any office of profit under the Union or state government.

Disqualification from Membership of Either House of Parliament

• If the individual holds an office of profit under GOI or a state government. Some posts have been exempted from it.
• If the individual is of unsound mind which has been declared so by a competent court.
• If the person is undischarged or insolvent.
• The individual is not a citizen of India and has voluntarily acquired citizenship of a foreign country or has allegiance to a foreign power.
• If he is so disqualified by or under any law made by the Parliament (Art 102).

President has to obtain the opinion of the Election Commission before disqualifying a member, (Art 103).

Representation of people's act also provides additional grounds for disqualifications.

A member can also be disqualified on the grounds of defection.

• Conditions when a member of parliament shall vacate his seat (Art 101)

If he has obtained membership of both houses of the Parliament, he needs to vacate one of the seats.

If elected to both to the Parliament and state legislature, he needs to resign from the state legislature.

If he is disqualified under Art. 102.

If he resigns in a voluntary manner.

If he remains absent from all meetings of the house for a period of 60 days without prior permission of the house.

Powers, Privileges and Immunities of Parliament and its Members

• Both the houses of the Parliament and state legislature have same privileges.
• Art 105 (1) & (2) and Art 194 (1) & (2) state the privileges to both the houses of parliament and state legislature.
• Supreme Court has held that if there is any conflict between the privileges of the Parliament and fundamental rights of citizens, the former shall prevail.
• Privileges can be classified into two categories:

Individual privileges

Collective privileges of Lok Sabha and Rajya Sabha.

Individual Privileges

• Freedom from arrest in civil cases. There would be arrest in criminal cases or under preventive detention.
• Freedom from attendance as a witness: a member cannot be summoned by a court to give evidence as a witness while the Parliament is in session.
• Freedom of speech: A member of the Parliament is not liable in any court for anything said in Parliament or any of its committees.

Collective Privileges of Each House

• Right to publish debates and proceedings.
• Right to restrain publications by others.
• Right to exclude others like withdrawal of strangers from any part of the house. The Speaker and the Chairman have the right to order such action.
• Right to regulate internal affairs of the house and to decide matters within its walls.
• Right to punish any parliamentary misbehavior.
• Right to punish members and outsiders for breach of privilege.

Joint Session of the House

• Art 108 provides that when a bill is passed by one house is sent to die other. The other house may:

Reject the bill altogether. .

Disagrees on it and returns it with some amendments which are not ultimately considered by the originating house.

Takes no action and more than 6 months time has passed.

The President in such a case may summon a joint sitting of both the houses.

• At a joint sitting of two houses, the Speaker of the Lok Sabha and in his absence, the Deputy Speaker, or if he is also absent, Deputy Chairman of the Council of States and if he is also absent, such person as may be determined by the members present in the sitting presides. Lok Sabha by its numerical majority prevails over the joint sitting.
• This provision does not apply to money bill.
• There cannot be a joint sitting for Constitution Amendment bills. Nor do such bills require previous sanction of the President.
• President cannot summon a joint sitting if the bill has lapsed by reason of a dissolution of Lok Sabha.

Special Powers of Lok Sabha with respect to Rajya Sabha

• A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days with or without recommendations. The Lok Sabha can either accept or reject fall or any of the recommendations of the Rajya Sabha. In both cases, the Money Bill is deemed to have been passed by the two houses.
• A Financial Bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha. But, with regard to its passage, both have equal powers. The final power to decide whether a particular bill is a Money Bill is vested in the Speaker of the Lok Sabha. The Speaker of Lok Sabha presides over the joint sitting of both the houses.
• The Lok Sabha with a greater number wins the battle in a joint sitting except when the combined strength of the ruling party in both houses is less than that of opposition parties. Rajya Sabha can only discuss the budget, but cannot vote on the demands for grants. A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.
• The Rajya Sabha cannot remove the Council of Ministers by passing a No-Confidence Motion. This is because the Council of Ministers is collectively responsible only to the Lok Sabha.

Special power of Rajya Sabha with respect to Lok Sabha

As a federal chamber, it can initiate Central intervention in the State Legislative field. Article 249 of the Constitution provides that the Rajya Sabha may pass a resolution, by a majority of not less than two-thirds of the members present and voting, to the effect that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List. If such a resolution is adopted. Parliament will be authorised, to make laws on the subject specified in the resolution, for the whole or any part of the territory of India.

Such a resolution will remain in force for such period, not exceeding 1 year, as may be specified therein, but this period can be extended by 1 year at a time by passing further resolutions.

Sessions of the Parliament

• A 'Session' of the parliament is the period spanning between the first sitting of a House and its prorogation (or dissolution in case of Lok Sabha) During a session the House meets everyday transact business.
• Parliament normally meets in three sessions in a year:-
• Budget Session: February - May
• Monsoon Session: July - August
• Winter Session: November - December

Delimitation Commission

Pursuant to the enactment of the Constitution (Eighty- fourth Amendment) Act 2001, the Delimitation Act, 2002 was enacted. The Delimitation Commission was constituted on July 12, 2012 under the provisions of the Delimitation Act, 2002 with Justice Kuldip Singh, a retired judge of the Supreme Court as its chairperson and one of the election commissioners of India and the state. Election commissioners as its exofficio members. The main task of the Commission is to readjust the division of territorial constituencies of the seats in the House of the People allocated to each state and readjust the division of territorial constituencies of the total number of seats in the Legislative. Assembly of each estate. The Commission will also refix the seats reserved for the Scheduled Casts and the Scheduled Tribes. Earlier the .census figures of 1991 were to be the basis, but after the eighty seventh Amendment Act, the census figure of 2001 are to be the basis.

 Control of the parliament Over the Executive Question hour ·   First hour of every parliamentary sitting. ·   Starred questions are answered orally and supplementary questions can follow. ·   Unstarred questions are answered in writing. ·   Short notice questions are asked giving less than 10 days notice. Zero hour ·   Starts immediately after the question hour. ·   Any matter can be discussed during the zero hour. Half-an-hour discussion ·   To clear fact on matters of public importance on which lot of debate has occurred. Short duration discussions ·   To discuss urgent matters. ·   Also known as two hour discussion. Calling attention motion ·   Moved to call the attention of a minister to matters of public importance. Adjournment motion ·   To draw attention of parliament to a matter of urgent public importance. ·   Motion needs the support of 50 members for admission. ·   Rajya Sabha cannot move this motion. No confidence motion ·   Moved to prove the confidence of Lok Sabha in the Council of Ministers. ·   If No Confidence motion is passed, council of Ministers has to resign. ·   No Confidence motion needs the support of 50 members to be admitted. ·   Can be moved only in Lok Sabha. Censure Motion ·    This motion seeks to censure the government for its lapses. ·    If the Censure Motion is passed against the government, it should pass a Confidence motion as soon as possible to regain the confidence of the house. ·   And government, does not need to resign immediately unlike in case of No-Confidence Motion. ·   It can be moved against an individual minister for specific policies or actions. This motion should state the reason for its adoption. It is in practice since 1954.

Legislative Procedure in Parliament

• The legislative procedure is identical in both the Houses of Paliament. Every bill has to pass throve We same stages in each House. A bill is a proposal for legislation and it becomes an act or law when duly enacted.
• Bills introduced in the Parliament are of two kinds: public bills and private bills (also known as government bills and private members' bills respectively). Though both are governed by the same general procedure and pass through the same stages in the house, they differ in various respects. Public bill can introduced by a minister which requires seven days notice. It reflects the policies of the Government and its rejection by the House shows non confidence of ruling party in Parliament and may leads to its resignation while private bill introduce by any member of Parliament and requires one month notice. Its rejection has no implication on parliamentary confidence.
• The bills introduced in the Parliament can also be classified
• into four categories:
1. Ordinary bills, which are concerned with any matter other than financial subjects.
2. Money bills, which are concerned with the financial matters like taxation, public expenditure, etc.
3. Financial bills, which are also concerned with financial matters (but are different from money bills).
4. Constitution amendment bills, which are concerned with the amendment of the provisions of the Constitution. The Constitution has laid down separate procedures for the enactment of all the four types of bill.

Ordinary Bill

• This is a bill other than money bill and finance bill.
• An ordinary bill may originate in either house of the Parliament.

At this stage the title of the bill is read and a brief speech regarding the aims and objective of the bill is made. Opponents of the bill also make a brief speech at this stage and after a formal vote, the bill is published in gazette.

At this stage the general principles of the bill as a whole are discussed and decision regarding reference of the bill to the appropriate committee is taken. No amendments are possible at this stage.

Cammittee Stage

After me second reading, the bill is referred to the appropriate committee where its provisions are thoroughly discussed. The committee can also make suitable suggestions for improvement of the bill and suggest necessary amendments.

Report Stage

The committee submits its report to the House, where it is

Thoroughly discussed. The members of the House hold a

Clause – by - clause discussion and vote thereon. At this stage, they can also propose fresh amendments, which are accepted by majority vote.

A general discussion on the bill takes place and formal voting for the acceptance or rejection of the bill is held. No

amendments can be proposed at this stage. After a bill has been passed by one house it is transmitted to the other house, where it goes through all these stages once again.

After the bill has been passed by the other house, it is sent to the President for assent. However, if the other house proposes certain amendments which are not acceptable to the originating house, it may lead to a deadlock. The deadlock is resolved by ravening a joint-sitting of the two houses where the decision is taken by majority vote.

The President can either accord his assent or return the bill

for reconsideration of the Parliament. But if the Parliament

repasses the bill, the President has to accord assent to it.

Money Bill (Article 110)

• Whether a bill is a money bill or not is decided by the speaker of the Lok Sabha.
• Art 109 says that a money bill can only be introduced in Lok Sabha and not in Rajya Sabha and only with the prior re commendation of the President.
• When a money bill is passed by the Lok Sabha, it is sent to Rajya Sabha for its recommendations. Rajya Sabha must return the bill with or without any recommendations, within 14 days from the date of receipt of bill. It is the discretion of the Lok Sabha whether to accept or reject recommendations of Rajya Sabha. The bill now is deemed to be passed by the Lok Sabha and is sent to the President for his/her assent.
• President cannot withhold his/her to a money bill (Art 111).
• There is no provision for a joint sitting in the case of a money bills as the Lok Sabha has a final say in the matter.

Financial Bills

• They are of 3 kinds-
1. Money bills
2. Other financial bills
3. Bills involving expenditure
• A financial bill will deal with matters mentioned in Art 110 (1). A money bill deals with other matters also. Therefore all money bills are financial bills but all financial bills are not money bills.
• All financial bills are introduced only in the Lok Sabha after the recommendations of the President.
• A financial bill is passed like an ordinary bill.
• Joint session can be held.

Financial Bills 2017

Arun Jaitley’s Finance Bill, 2017 'has been passed in Lok

Sabha on 22nd  March 2017. It is marked as "money bill", so  it will not be sent to Rajya Sabha for discussion, but only for which can be rejected by Lok Sabha, and then will be sent to the President of India for his ascent.

A bulk bill of 40 amendments to different laws. Finance Bill, 2017 has a string legislations that will impact a variety of existing taxation (and other) laws involving:

1. Funding of political parties and electoral bonds
2. Use of Aadhaar in income tax returns
3. Lowering limit on cash transactions
4. Tribunals & Appellate Tribunals
5. Power to impose penalty by officers

1. Funding to Political Parties and Electoral Bonds

Finance Bill, 2017 has made a major amendment to how

private companies provide donations to political parties, which are not under Right Information Act and need not disclose the source of contributions under Rs 20,000.

As of now, a company can donate up to 7.5% of the average of its net profits in the last three consecutive financial years to disclosure of the donations against the names of the political parties who have been the beneficiaries must be displayed in the company balance sheet.

Once the amendments made in Finance Bill, 2017 come into effect, the cap of 7.5% of the average of its net profits in the last three consecutive financial years will be removed.

Additionally, companies will not be required to name the beneficiary political party.

Though companies can contribute via cheque, bank draft or e-transfer, electoral bonds, which might be introduced as means to food political parties to “maintain donor anonymity” would become the main route through which money goes into me coffers of political parties.

1. Use of Aadhaar in income tax returns

Aadhaar is now mandatory for filing income tax returns and PAN.

In addition to being linked to a number of public services and subsidies, as per Finance Bill, 2017, Aadhaar will now be compulsory from July 1, 2017 to file one's income tax returns and to obtain and retain PAN, or permanent account number. Without possessing, or at least enrolling for Aadhaar, it won't be possible to pay taxes, and that would mean ordinary citizens without Aadhaar will end up committing a crime, that of tax evasion and non-compliance of Income Tax Act, 2016.

1. Lowering limit on cash transactions

Under Finance Bill, 2017, cash transactions above three lakh rupees will not be permitted:

(i) to a single person in one day,

(ii) for a single transaction (irrespective of number of payments), and

(iii) for any transactions relating to a single event.

(iv) Amendments to the Finance Bill, 2017 propose to lower this limit from three lakh rupees to two lakh

1. Tribunals and Appellate Tribunals

A number of tribunals, which oversee disputes related to

taxation and company balance sheets, as well as company wars over items such as telecom spectrum, etc. will be replaced and taken over by existing tribunals under other Acts. There is no clear rationale behind this replacement and to be rather arbitrary.

Members of invalidated tribunals, or those merged, after the premature termination of their will go back to their parent ministry and department.

Currently, respective Acts specify the qualification remuneration package and other terms of services. However, Finance Bill 2017 will empower the Central Government decide the terms of services, making up roles on the go. This will directly impact the independence of the tribunals as the executive will have enonormas and undue influence in deciding the outcomes of these tribunals and appellate tribunals.

 Tribunals Proposed to be merged by amendments to the Finance Bill, 2017 Act Tribunal being replaced Tribunal to take over Functions Competition Act 2002 Competition Appellate Tribunal National Company Law Appellate, Tribunal (under Companies Act, 2013) Airports Economic Regulatory Authority of India Act, 2008 Airports Economics Regulatory Authority Appellate Tribunal Telecom Disputes Settiement.and Appellate Tribuaal (under the TRAI Act, 1997) Information Technology Act, 2000 Cyber Appellate Tribunal Control of National Highways (Land and Traffic) Act, 2002 National Highways Tribunal Airport Appellate Tribunal (under the Airport Authority of India Act, 1994) Employees Provident Funds and Miscelaneous Provisions Act, 1952 Employees Provident Fund Appellate Tribunal Industrial Tribunal (under the Industrial Disputes Act, 1947) Copyright Act, 1957 Copyright Board Intellectual Property Appellate Board (under the Trade Marks Act. 1999) Railways Act, 1989 Railways Rates Tribunal Railway Claims Tribunal (under the Railways Claims Tribunal Act, 1987) Foreign Exchange Management Act, 1999 Appellate Tribunal for Foreign Exchange Appellate Tribunal (under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976)

1. Power to impose penalty by officers/ Possible Inspector Raj The Finance Bill, 2017, which is pushing through changes to Income Tax Act, 2016, allows income tax raids to take place without famishing a reasonable explanation (as was required under FT Act, 1961) for doing it, and without needing a court order.

This effectively puts enormous powers in the hands of IT officers and can bring about a new “Inspector Raj” and reign of "tax terror". A possible fallout could be raids on dissenters, journalists, whistleblowers, activists, human rights lawyers, among others who ritually call out the government on incompetence, authoritarian streaks and governmental overreach bordering on police state.

Penalty overdrive

As per Finance Bill, 2017, the adjudicating officer will continue to retain power under amended Securities Contracts (Regulation) Act and Depositories Act, 2004, to impose penalties on those failing to furnish information, documents or returns vis – a - vis their incomes. Essentially, this will lead to a penalty overdrive and a Zeitgeist bureaucracy targeting anyone an the, wrong side of the ruling regime at will.

Constitutional Amendment Bill (Article 368)

Certain provisions of the Constitution can be amended by the Parliament by simple majority. These include provisions relating to the creation of new states, reconstitution of existing states, creation or abolition of upper chambers in the state legislature, etc.

Some provisions can be amended by Parliament by a two-third majority and also require the approval of the legislatures of not less than one-half of the states, (There is no time limit within which the states should give their consent to the bill). Provisions that can be amended this way include election of the President, powers of the Union and state executive. Union judiciary. High Courts, representation of states in Parliament, amendment procedure, etc.   .

But a major portion of the Constitution can be amended

by a two-third majority in Parliament. This must also be the clear-cut majority of the total membership of each house. The provisions which can be amended in this ways

are F . R . , D.P.S.P, etc.

It may be noted that provisions which affect the federal character of the Constitution can be amended only with the approval of the states.

A notable feature of the amendment procedure in India is that the initiative rests with the Centre and the states cannot initiate any amendments.

Comparisons among different bills

 Ordinary Bill Money Bill Financial Bill Constitution Amendment Bill Can be introduced in either house of parliament. Only in Lok Sabha. Only in Lok Sabha. In either house of Parliament. Passed by simple majority. Passed by simple majority. Passed by simple majority. Passed by simple or special majority (by both house sepratly) and or approval of legislatures of not less than one-half of the states. Equal Legislative jurisdiction of both houses of parliament. RS has only recommendatory power (14 days) Equal legislative jurisdiction of both houses of parliament. Equal legislative jurisdiction of both houses of parliament. Joint session can be held. Joint session cannot be held. Joint session can be held. Joint session cannot be held because if one house rejects the bill, it comes to an end. President has three options: Absolute veto, suspensive veto, pocket veto. President has choice of with holding or giving assent to the bill, but by convention he cannot with hold the assent. President has three options: Absolute veto pocket veto. President has to give assent to the bill.

Public and Private Bills

Public Bills

Public and Private Bills

Public Bills

A public bill is introduced by minister in the Parliament or state legislature which reflects the policies of the rulling party or the government. A public bill generally has greater chance of approval by the Parliament unlike a private bill. The rejection of a public bill by the house amounts to the expression of want of parliamentary confidence in the government and may lead to its resignation. This bill is drafted by the concerned department in consultation with the law department and its introduction in the house requires seven days' notice.

Private Bill

A private bill is introduced by any member of Parliament other than a minister which reflects the stand of opposition party on public matter. A private bill is rejection by the house has no implication on the parliamentary confidence in the government or the resignation. The introduction of a private bill requires one month's notice and has lesser chance of parliamentary approval. A private bill's drafting is the responsibility of the rember concerned.

Youth Parliament

On the recommendation of the fourth all India whips conference a scheme of youth parliament was. started in 1960s with the objectives of

(a) acquainting the younger generation with parliamentary

practices and procedures;

(b) imbibing the spirit of discipline and tolerance in the minds of youth; and

(c) in calculating the basic values of democracy in the student community and enabling them to acquire a proper perspective on the functioning of democratic institutions. The youth parliament scheme was first introduced in the schools in Delhi in 1966-67.

Annual Financial Statement - Budget

(Article 112)

• This statement gives out the estimated income and expenditure for that year, laid before the houses of Parliament.
• It is the statement regarding annual financial policy of the government. Its estimated receipts and expenditure in a financial years, which begins on 1 April and ends on 31 March of the following year.

The Government of India has two budgets, namely, the Railway Budget and the General Budget. While the former consists of the estimates of receipts and expenditures of only the Ministry of Railways, the latter consists of the estimates of receipts and expenditure of all the ministries of the Government of India (except the railways).

• President shall lay before each house of parliament, an annual financial statement (known as budget) - Article 112
• No demand for a grant shall be made except cm recommendation of President- (Article 113).
• Rajya Sabha has no power to vote on demand for grants.
• No money shall be withdrawn from Consolidated Fund of India except under appropriation made by law- (Article 114).
• Money Bill cannot be introduced in Rajya Sabha.
• Rajya Sabha should send Money Bill within 14 days to Lok Sabha.
• No tax can be levied except by authority of law- (Article 265)

 Types of Budget Budget Type Given By Relates To Performance Budgeting First Hoover Commission, USA. Introduced in India in 1968 on recommendations   of Administration Reforms Commission Emphasis on ?purpose? of expenditure Zero-Based Budgeting Phyrr, USA Every scheme crically reviewed & re-justified totally fom zero (or scratch) Line-Item Budgeting Developed in 18th century. Traditional system prevailed India. Emphasis on items of expenditure & not its purpose. Sole objective is control over expenditure. Line-Item Budgeting Developed in 18th century. Traditional system prevailed india. Emphasis on items of Expenditure & not its pupose. Sole objective is control over expenditure.

Stages In Enactment of Budget

 Presentation of budget $\downarrow$ General discussion (on budget as a whole) $\downarrow$ Voting on demands for grants (detailed discussions, various cut motions moved, many matters disposed off without discussions due to shortage of time- this is called Guillotine) $\downarrow$ Passing of appropriation bill (authorizes Parliament to withdraw money from Consolidated Fund, includes grants voted by Lok Sabha and expenditure charged on Consolidated Fund, no amendment can be made to it) $\downarrow$ Passing of finance bill (last stage of budget enactment, gives effect to financial proposals of government, amendments can be moved to it)

Other Grants

 Supplementary grant It is granted when the amount authorized by the Parliament through the appropriation act for a particular service for the current financial year is found to be insufficient of that year. Additional grant It is granted when a need has arisen during the current financial year for additional expenditure upon some new service not contemplated in the budget for that year. Excess grant It is granted when money has been spent on any service during a financial year in excess of the amount granted for that service in the budget for that year. It is voted by the lok sabha after the financial year. Vote of credit It is granted for meeting an unexpected demand for the service, the demands cannot be stated with the details in the budget. It is like a blank cheque given to the executive by the lok sabha. Exceptional grant It is granted for a special purpose and forms no part of the current service of any financial year. Token grant It is granted when funds to meet the proposed expenditure on the new service can be made available by re-appropriation. A demand for the grant of token sum of Re 1 is submitted to the vote of Lok Sabha and if assented, funds are made available.

 Various Cut Motions as Moved in Lok sabha Policy cut Disapproval of policy. It states that amount of demand be reduced to Rs. 1. Economy cut Demand be reduced by a specified amount Token cut Demand is reduced by Rs. 100.

Parliamentary Terms

Summoning

The president from tune to time sumons each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. In other words, the Parliament should meet at least twice a year.

A sitting of Parliament can be terminated by adjournment or adjournment sine die or prorogation or dissolution (in the case of the Lok Sabha). An adjournment suspends the work in a sitting for a specified time, which may be hours, day or weeks.

It is the period between the prorogation of the parliament and its re-assembly is a new session

Adjournment sine die means terminating a sitting of Parliament for an indefinite period.

The power of adjournment as well as adjournment sine die lies with the presiding officer of the House. He can also call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

Prorogation

The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session. However, the President can also prorogue the House while in session.

Dissolution

Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution. Unlike a prorogation, a dissolution ends the very life of the

existing House, and a new House is constituted after general sections are held. The dissolution of the Lok Sabha may take place in either of two ways:

1. Automatic dissolution, that is, on the expiry of its tenure of five years or the terms as extended during a national emergency; or
2. Whenever the President decides to dissolve the House,

which he is authorised to do. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

When the Lok Sabha is dissolved, all business including bills, rations, resolutions, notices, petitions and so on pending before 1 or its committees lapse. They (to be pursued further) must be reintroduced in the newly-constituted Lok Sabha. However, some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha. The position with respect to lapsing of bills is as follows:

1. A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).
2. A bill passed by the Lok Sabha but pending in the Rajya

Sabha lapses.

1. A bill not Passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
2. A bill pending in the Rajya Sabha but not passed by the

Lok Sabha does not lapse.

1. A bill passed by both Houses but pending assent of the

President does not lapse.

1. A bill passed by both Houses but returned by the President for reconsideration of Houses does not lapse.

Quorum

Quorum is the minimum number of members required to be present in the House before it can transact any business. It is one tenth of the total number of members in each House including the presiding officer. It means that there must be at least 55 members present in the Lok Sabha and 25 members present in the Rajya Sabha, if any business is to be conducted. If there is no quorum during a meeting of the House, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

Funds

Indian Constitution provides three kinds of funds for Central Government

1. Consolidated Fund of India
2. Public Accounts of India
3. Contingency Fund of India

Consolidated Fund of India

Article 266 provides the Parliament to have a' Consolidated Fund of India'. It is a fund to which all receipts are credited and all payments are debited. In other words,

• all revenues received by the Government of India.
• all loans raised by the Government by the issue of Treasury Bills, loans or ways and means of advances.
• all money received by the government in repayment of loans for the Consolidated Fund of India.
• All the legally authorised payments on behalf of the government are made out of this fund. No money out of this fund, can be appropriated (issued or drawn) except in accordance with a Parliamentary Law.

Public Account of India

All other public money received by Government of India on or on behalf of it, shall be credited to the Public Accounts of India. It includes departmental deposits, remittances, judicial deposits, provident fund deposits, etc. Payments from this account can be made by without parliamentary appropriation as these payments are mostly in the nature of banking transactions. It is covered in Article 266 (1).

Contingency Fund of India

The Constitution authorised the Parliament to establish a 'Contingency Fund of India' (Under Article 267), into which amounts determined by law are paid from time-to- time. Accordingly, the Parliament enacted the Contingency Fund of India Act in 1950.

This fund is placed at the disposal of the President and he can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament. In 2005, the amount of money in the Contingency Fund of India was increased from Rs. 50 crore to Rs. 500 crore.

Charged Expenditure

The budget consists of two types of expenditure – the expenditure 'charged' upon the Consolidated Fund of India and the expenditure 'made* from the Consolidated Fund of India. The charged expenditure is non-votable by the "Parliament, that is, it can only be discussed by the Parliament, which the other type has to be voted by the Parliament. The listof the charged expenditure is as follows:

1. Emoluments and allowances of the President and other expenditure relating to his office.
2. Salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and me Speaker and the Deputy Speaker of the Lok Sabha.
3. Salaries, allowances and pensions of the judges of the, Supreme Court.
4. Pensions of the judges of high courts.
5. Salary, allowances and pension of the Comptroller and Auditor General of India.
6. Salaries, allowances and pension of the chairman and members of the Union Public Service Commission.
7. Administrative expenses of the Supreme Court, the office of the Comptroller and Auditor General of India and the Union Public Service Commission including the, salaries allowances and pensions of the persons serving in these offices.
8. The debt charges for which the government of India is liable, including interest, sinking fund charges and redemption charges and other expenditure relating to the raising of loans and the service and redemption of debt. 9. Any sum required to satisfy any judgement, decree or award of any court or arbitral tribunal.
9. Any other expenditure declared by the Parliament to be so charged.

Parliamentary Commitees

Parliamentary Committees are of two kinds - Adhoc Committees and the Standing Committees. Adhoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Adhoc Committees are the Select and Joint Committees on Bills. Apart from he Adhoc Committees, each House of Parliament has Standing Committees like the Business Advisory Committee, the Committee on Petitions, the Committee of

Privileges and the Rules Committee.

An other class of committees which act as Parliament's Watch Dogs over the executive is of special importance. These are the Committee on Subordinate Legislation, the Committee on Government Assurances, the Committee on Estimates, the Committee on Public Accounts and the Committee on Public Undertakings and the Departmentally Related Standing Committees (DRSCs). They play an important role in exercising a check over Governmental Expenditure and Policy Formulation.

Estimates Committee

• This Committee originated in 1921. This Committee consists of 30 members by the Lok Sabha every year from amongst its members. A minister is not eligible for election to this committee. The term of the committee is 1 year. The function of the Committee are as follows:
• To report what economies, improvements in organisation, efficiency and administrative reform consistent with the policy underlying the estimates, can be affected.
• To suggest alternative policies in order to bring about efficiency and economy in administration.
• To examine whether the money is well laid out within the limits of the policy implied in the estimates.
• To suggest the form in which the estimates are to be presented to the Parliament.
• This committee was constituted in 1950 on the recommendation of John Mathai.

The Principles of Proportional Representation by means of a Single Transferable Vote is used in election of the members. The Chairman of this Committee is appointed by the Speaker from amongst its members and he is invariably from the ruling party.

Committee on Public Undertakings

This committee was created in 1964 on the recommendation of the Krishna Menon Committee. The Committee on Public Undertakings consists of 15 members elected by the Lok Sabha; 7 members of the Rajya Sabha are also associated with it. A minister is not eligible for election to this committee. The term of the committee is 1 year. The functions of the Committee on Public Undertakings are as follows:

To examine the reports and accounts of Public Undertakings;

To examine me reports, if any, of the Comptroller and Auditor General on the Public Undertakings.

To examine, in the context of the autonomy and efficiency of the Public Undertakings, whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices.

The Chairman of the Committee is appointed by the Speaker, from amongst its members who are darwn from the Lock Sabha only.

Committee on Public Accounts

This committee was first set-up in 1921 under the provisions of the Government of India Act, 1919. This committee consists of 22 members (15 from Lok Sabha and 7 form Rajya Sabha). A minister is not eligible for election to this committee. The term of the committee is 1 year. The main duty of the committee is to ascertain whether the money granted by Parliament has been spent by government 'within the Scope of the Demand.'

Rules Committee

It considers matters of procedure and conduct of business in the house and recommends any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary.

Presentation of States & Union territories in ?Lok Sabha? and Rajya Sabha?

 States Lok Sabha (No. of Seats) Rajya Sabha (No. of Seats) Andhra Pradesh 25 11 Assam 14 7 Goa 2 1 Haryana 10 5 Jammu & Kashmir 6 4 Kerala 20 9 Maharashtra 48 19 Meghalaya 2 1 Odisha 21 10 Rajasthan 25 10 Tamil Nadu 39 18 West Bengal 42 16 Mijoram 1 1 Jharkhand 14 6 Uttar Pradesh 80 31 Bihar 40 16 Gujrat 26 11 Himachal Pradesh 4 3 Karnatak 28 12 Madhya Pradesh 29 11 Manipur 2 1 Nagaland 1 1 Punjab 13 7 Sikkim 1 1 Tripura 2 1 Arunachal Pradesh 2 1 Uttarakhand 5 3 Chattisgarh 11 5 Telangana 17 7

 Union Territories Lok Sabha (No. of Seats) Rajya Sabha (No. of Seats) Delhi 7 3 Chandigarh 1 Nil Dadra and Nagar Haveli 1 Nil Daman and Diu 1 Nil Andaman and Nicobar 1 Nil Puducherry 1 1 Lakshadweep 1 Nil

NATIONAL SCEMES/PROGRAMMES 2014-17