UNIT -II

UNION GOVERNMENT AND ITS ADMINISTRATION

Structure of the Indian Union: Federalism, Centre- State relationship, President: Role,
power and position, PM and Council of ministers, Cabinet and Central Secretariat, Lok
Sabha, Rajya Sabha, The Supreme Court and High Court: Powers and Functions;
StateGovernment and its Administration: Governor: Role and Position, CM and Council
ofministers, State Secretariat: Organization, Structure and Functions
THE CENTRE – STATE RELATIONS
The distribution of powers between the centre and state is an essential feature of federalism.
A federal Constitution establishes dual polity with the Union at the Centre and the States at
the Periphery, each empowered with sovereign powers to be exercised in the field assigned to
them respectively by the Constitution. “The one is not subordinate to other in its own field,
the authority of one is coordinate with that of the other.”
The basic principal of federation is that the Legislative, executive and financial authority is
divided between the Centre and the State, not by any law passed by the Centre, but by the
Constitution itself.
Legislative:
There are four aspects in the Centre-state legislative relations:

 Territorial extent of central and state legislation

 Distribution of legislative subjects
 Parliamentary legislation in the state field
 Centre’s control over state legislation

Administrative:

 Mutual delegation of functions

 Cooperation between the centre and the states
 All-India services
 Public Service Commission
 Integrated Judicial system
 Relations during emergency

Financial:
 Allocation of taxing powers
 Restriction placed by constitution on taxation power of the state
 Distribution of tax revenues
 Distribution of Non-tax revenues
THE UNION EXECUTIVE:
*Summarize in detail about Union Government structure and functions.
President: Role, power and position:
Election of President:
The provisions dealing with the election of the President are provided in Articles 54 and 55
and the President and Vice-President (Elections) Act of 1952 amended in 1974. The President
is elected by an Electoral College, which consists of the elected members of the State
Legislatures (MLAs) and those of the Parliament (MPs) through proportional representation
by means of a single transferable vote. The value of vote of an MLA and MP is such that a
true federal character of the office of the President is maintained by striking a balance
between the State and Centre.

Qualification for election to the office of the President

(a) He must be a citizen of India. (b) He must have completed 35 years of age. (c) He must be
qualified to be a member of the Lok Sabha. (d) He must not hold any office of profit under
the Government of India or the Government of any State or under any local or other
authority.
However, following persons are not deemed to be holding any office of profit and hence they
cannot be disqualified for election as the President: - (a) A sitting President or Vice-President
of India. (b) Governor of any State (c) A minister of the Union or of any State.
Impeachment of the President
Under Art. 61 of the Constitution, the President of India can be impeached for the violation of
the Constitution, which is solely to be decided by the Parliament. The impeachment
procedure is quasi-judicial in nature because after a Resolution to this effect is passed by the
originating House, by a 2/3rd majority (resolution supported by not less than 25% of the
members of the House and to be moved only after a prior notice of 14 days to the President),
the other House sets up a committee to investigate the charges against the President. The
President can defend himself by taking service of the Attorney-General of India or any other
lawyer of his choice. If the second House also passes the Resolution with the same 2/3 rd
majority, the President stands impeached.
Terms of the Office of the President:
The terms of the office of the President are enumerated in Article 56 and are as follows: The
President shall hold office for a term of five years from the date on which he enters upon his
office provided that (a) The President may, by writing under his hand, addressed to the Vice-
President, resign his office.
(b) The President may, for violation of the Constitution, be removed from office by
impeachment in the manner provided in Art 61.
(c) The President shall, notwithstanding the expiration of his term, continue to hold office
until his successor enters upon his office. In case of the resignation, death or impeachment of
the President, a new President should be elected within six months of the date of the vacancy.
Under the above circumstances, the Vice-President acts as an acting President till the new
President enters the office.
Power of the President:
Legislative Powers of the President:
a. President summons both the Houses of the Parliament for sessions.
b. President also prorogues the sessions.
c. President is also responsible for dissolving the LokSaba.
d. The first session of each year and the first session of newly elected LokSabha after the
General elections begin with the address of the President.
e. President can nominate two members in the LokSaba belonging to the Anglo Indian
community.
f. President has the power to send messages to the Parliament.
g. President can nominate 12 members to the RajyaSaba.
h. President submits the reports of UPSC, Finance Commission etc. to the Parliament.
i. No bill can become a law without the assent of the President. To introduce certain bills in
the Parliament, prior permission of the President is required. E.g. Money bills.
j. President possesses Veto power.
k. President has Ordinance making power under Article 123.

Administrative Powers:
The President has been constitutionally empowered to make appointment to the following
offices with or without consulting, as mentioned in the Constitution, certain authorities.
These offices are – (a) The Prime Minister of India and on his advice other ministers.
(b) The Attorney General of India.
(c) The Comptroller and Auditor General of India
(d) The Judges of the Supreme Court and the High Courts.
(e) The Governor of a State or the Lt. Governor or Commissioner of a Union Territory.
(f) The Finance Commission.
(g) The members of the Union Public Service Commission and Joint Commission for a group
of States.
(h) The Chief Election Commissioner and other members of the Election Commission.
(i) A special officer for the Scheduled Castes and Tribal areas.
Executive Powers of the President
The executive powers and functions of the President are:
a. All executive actions of the Government of India are formally taken in his name.
b. He can make rules specifying the manner in which the orders and other instruments made
and executed in his name shall be authenticated.
c. He can make rules for more convenient transaction of business of the Union government,
and for allocation of the said business among the ministers.
d. He appoints the prime minister and the other ministers. They hold office during his
pleasure.
e. He appoints the attorney general of India and determines his remuneration. The attorney
general holds office during the pleasure of the President.
f. He appoints the comptroller and auditor general of India, the chief election commissioner
and other election commissioners, the chairman and members of the Union Public Service
Commission, the governors of states, the chairman and members of finance commission, and
so on.
g. He can seek any information relating to the administration of affairs of the Union, and
proposals for legislation from the Prime Minister.
h. He can require the Prime Minister to submit, for consideration of the council of ministers,
any matter on which a decision has been taken by a minister but,which has not been
considered by the council.
i. He can appoint a commission to investigate into the conditions of SCs, STs and other
backward classes.
j. He can appoint an inter-state council to promote centre–state and inter-state cooperation.
k. He directly administers the union territories through administrators appointed by him.
l. He can declare any area as scheduled area and has powers with respect to the
administration of scheduled areas and tribal areas.
Areas where the President can act independently
 Can reject the advice of the Prime Minister if the PM has lost majority in the house
 Power to send messages to the Parliament
 Power of suspense veto
 If the general elections to the Lok Sabha throw up a ‘Hung House’
 Under Article 78 – Presidents Right to Information
 Under Article 74 – Send an advice back to the Council of Ministers for
reconsideration.
 Receive memorandum from the opposition, study the situation and speak to the PM
privately. Entitled to comment on the affairs of the state
Financial Powers
The financial powers and functions of the President are:
a. Money bills can be introduced in the Parliament only with his prior recommendation.
b. He causes to be laid before the Parliament the annual financial statement (i.e., the Union
Budget).
c. No demand for a grant can be made except on his recommendation.
d. He can make advances out of the contingency fund of India to meet any unforeseen
expenditure.
e. He constitutes a finance commission after every five years to recommend the distribution
of revenues between the Centre and the states.
Military Power:
The President is the supreme command of the Armed Forces of India. Declarations of war
and peace is done by the President. However, the Parliament, by law, can regulate this power.
Diplomatic Power: The President has the power to negotiate and conclude treaties and
agreements with other countries, subject to the verification by Parliament. Also, the President
sends and receives diplomatic representatives and Ambassadors.
Judicial Powers:
The President has power to grant pardons, reprieves, respites or remission of punishment or
to suspend, remit or commute the sentences of any person in cases –
(a) Where the punishment or sentence is by a Court Martial.
(b) Where the punishment or sentence is for an offence against any law relating to a matter
within the executive power of the Union.
(c) Where the sentence is a death sentence.
Emergency Powers:
This extraordinary power has been given to the President to meet any kind of threat to the
country. The President can declare emergency under three circumstances;
(a) On the grounds of security threat to India by war, external aggression or armed rebellion.
This is called national emergency (under Art. 353) and during this period all the fundamental
rights except those under Arts. 20 and 21 are suspended. (b) On the ground of failure of
Constitutional machinery in a State or States under Art. 356. This is called imposition of the
President’s rule. (c) On the ground of serious financial instability or threat to credit of India
or any part thereof. This is called ‘financial emergency’ (Art. 360).
Veto Power of the President
A bill passed by the Parliament can become an act only if it receives the assent of the
President. When such a bill is presented to the President for his assent, he has three
alternatives (under Article 111 of the Constitution):
1. He may give his assent to the bill, or
2. He may withhold his assent to the bill, or
3. He may return the bill (if it is not a Money 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, the President must give his assent to the bill.
Vice President
The Vice-President occupies the second highest office in the country. He is accorded a rank
next to the President in the official warrant of precedence. This office is modelled on the lines
of the American Vice-President.
Election
The Vice-President, like the president, is elected not directly by the people but by the method
of indirect election. He is elected by the members of an Electoral College consisting of the
members of both Houses of Parliament. Thus Electoral College is different from the
Electoral College for the election of the President in the following two respects:
a. It consists of both elected and nominated members of the Parliament (in the case of
president, only elected members).
b. It does not include the members of the state legislative assemblies (in the case of President,
the elected members of the state legislative assemblies are included).
Qualifications
To be eligible for election as Vice-President, a person should fulfil the following
qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the RajyaSaba.
4. He should not hold any office of profit under the Union government or any state
government or any local authority or any other public authority.
Powers and Functions
The functions of Vice-President are two-fold:
1. He acts as the ex-officio Chairman of RajyaSaba. In this capacity, his powers and functions
are similar to those of the Speaker of Lok Sabha. In this respect, he resembles the American
vice-president who also acts as the Chairman of the Senate the Upper House of the American
legislature.
2. He acts as President when a vacancy occurs in the office of the President due to his
resignation, removal, and death or otherwise. He can act as President only for a maximum
period of six months within which a new President has to be elected. Further, when the sitting
President is unable to discharge his functions due to absence, illness or any other cause, the
Vice-President discharges his functions until the President resumes his office. While acting as
the President or discharging the functions of the President, the Vice-President does not
perform the duties of the office of the chairman of RajyaSaba. During this period, those
duties are performed by the Deputy Chairman of Rajya Sabha

PRIME MINISTER:
The Prime Minister of India is the head of the government and country. He is appointed by
the President of India after the political party wins a general election and nominates a
candidate for the post. The leader of that political party is hence appointed as the Prime
Minister of India.
Types of Ministers in India
The Constitution of India does not group ministers into ranks, but in practice, ministers are of
four types seen in India:
Cabinet Ministers: He is present and he participates in every meeting of the Cabinet.
Minister of State with independent charge: He is a Minister of State who does not work
under a cabinet minister. When any matter concerning his department is on the agenda of the
Cabinet, he is invited to attend the meeting.
Minister of State: He is a Minister who does not have independent charge of any
Department and works under a cabinet minister. The work to such Minister is allotted by his
cabinet minister.
Deputy Minister: He is a Minister who works under a cabinet minister or a Minister of State
with independent charge. His work is allotted by the Minister under whom he is working.
Power and function of Prime Minister
The Prime Minister of India serves the country by performing various functions. He performs
his functions taking responsibilities that are listed below
The leader of the Country: The Prime Minister of India is the Chief Head of the
Government of India.
Portfolio allocation: The Prime Minister has the authority to assign respective portfolios to
the Ministers.
Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and conducts
the meetings of the Cabinet. He can impose his decision if there is a crucial opinion
difference and conflict among the members.
Official Representative of the country: The Prime minister represents the country for high-
level international meetings and he is the ambassador of the country.
The link between the President and the Cabinet: The Prime Minister acts as the link and
bond between the President and cabinet. He communicates and transmits all decisions of the
Cabinet to the President which is related to the administration of the affairs of the Union and
proposals for legislation.
Head: The Prime Minister is the head of many organisations and programs like Nuclear
Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of
Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and
Pensions.
Chief Advisor: He also plays the role of chief advisor to the President.
Role and Power of the Prime Minister
Executive powers
The Prime Minister leads the functioning and exercise of authority of the government of
India. The President of India—subject to eligibility—invites a person who is commanding
support of majority members of LokSaba to form the government of India—also known as
the central government or Union government—at the national level and exercise its powers.
In practice the Prime Minister nominates the members of their council of ministers to the
president. They also work upon to decide a core group of ministers (known as the cabinet), as
in charge of the important functions and ministries of the government of India.
The Prime Minister is responsible for aiding and advising the president in distribution of
work of the government to various ministries and offices and in terms of the Government of
India (Allocation of Business) Rules, 1961. The co-ordination work is generally allocated to
the Cabinet Secretariat. While the work of the government is generally divided into various
Ministries, the Prime Minister may retain certain portfolios if they are not allocated to any
member of the cabinet.
The Prime Minister—in consultation with the cabinet—schedules and attends the sessions of
the houses of parliament and is required to answer the question from the Members of
Parliament to them as the in-charge of the portfolios in the capacity as Prime Minister of
India. Some specific ministries/department is not allocated to anyone in the cabinet but the
prime minister themselves. The prime minister is usually always in charge/head of Ministry
of Personnel, Public Grievances and Pensions (as Minister of Personnel, Public Grievances
and Pensions)
1. Cabinet Secretariat
2. Appointment Committee of the Cabinet
3. Cabinet Committee on Security
4. Cabinet Committee on Economic Affairs
5. NITI AAYOG
6. Department of Atomic Energy
7. Department of Space
8. Nuclear Command Authority
The Prime Minister represents the country in various delegations, high level meetings and
international organizations that require the attendance of the highest government office, and
also addresses to the nation on various issues of national or other importance. As Per Article
78 of the constitution, the official communication between the union cabinet and the
president are through the prime minister. Otherwise constitution recognizes the prime
minister as a member of the union cabinet only outside the sphere of union cabinet.
Administrative and Appointment Powers
The Prime Minister recommends to the President—among others—names for the
appointment of:
a. Chief Election Commissioner of India (CEC) and other Election Commissioners of India
(ECs)
b. Comptroller and Auditor General of India (C&AG)
c. Chairperson and members of the Union Public Service Commission (UPSC)
d. Chief Information Commissioner of India (CIC) and Information Commissioners of India
e. Chairperson and members of the finance commission (FC)
f. Attorney General of India (AG) and Solicitor General of India (SG)

Legislative Powers
The Prime Minister acts as the leader of the house of the chamber of parliament— generally
the LokSaba—he/she belongs to. In this role, the prime minister is tasked with representing
the executive in the legislature, he/she is also expected to announce important legislation, and
is further expected to respond to the opposition's concerns. Article 85 of the Indian
constitution confers the President with the power to convene and end extraordinary sessions
of the parliament, this power, however, is exercised only on the advice of the prime minister
and his/her council, so, in practice, the Prime Minister does exercise some control over the
affairs of the parliament.
*Interpret the Roles and Responsibility of the following. (i) President (ii) Vice President
(iii) Prime minister
Composition of Council of Ministers

The Prime Minister prepares a list of his colleagues from among the Members of the
Parliament to be appointed as Ministers and the President is obliged to appoint them as such.
The Prime Minister is, thus. given absolute power in the formation and composition of his
Council of Ministers. He is the ‘Keystone of the Cabinet Arch.’

Categories of Ministers

 Cabinet Ministers: They are the most important members of the Council of
Ministers. They are the full-fledged end Ministers who hold important portfolios.
 Ministers of State : They are the second category of Ministers. They may or may not
hold an independent charge of any portfolio. The Prime Minister may or may not
consult them.
 Deputy Ministers : They are the third category of Ministers who assist the
Cabinet Ministers and the Council of Ministers.
 Term of Office: Constitutionally, the Prime Minister and his Council of Ministers
hold office till the pleasure of the President’. But the President has little power even in
this regard. The Prime Minister and the Council of Ministers are directly responsible
to the Lok Sabha and can remain in office so long as they enjoy the majority support
in Lok Sabha).

Powers and Functions of the Council of Ministers

The functions of the Council of Ministers have two major aspects: Policy-making and
Implementation.

1. Policy-making: The Council of Ministers are always the most experienced, the most
influential and the most trusted members of the ruling party. As deciding policy
matters is a very crucial responsibility, it comes under the Powers of Council of
Ministers of India. They decide and frame policies regarding each and every branch of
the Government in their meetings. Within the Cabinet room they have every right to
differ on policy matters. But once a decision is made, they are expected to speak in
one voice. They cannot criticise such a policy in public. That is why this aspect is
known as the collective responsibility of the Cabinet.

2. Implementation: Once a policy decision is taken on any subject, it is conveyed to the

Minister of State and the Deputy Minister of the concerned Ministry. They chalk out
its broad details and hand them over to the civil servants related to that Ministry to
translate them into practice. In this way, the business of the Government is managed
jointly by the Council of Ministers with the help of the civil servants concerned.

Following are some of the Powers of Council of Ministers of India

1. All the departments of the Government are under the control of the Ministers and it is their
responsibility to run the administration in a good manner.
2. It is the function of the Council of ministers to maintain order and peace in the state.
3. They introduce Bills, participate in the discussion and cast their vote.
4. The budget of the states is prepared by the Council of Ministers.
5. They review the work of planning and the Planning Commission.
6. Managing the foreign tours of the President and other ministers also comes under the
functions of the Council of Ministers

What is the role of the Council of Ministers?

The role Council of Ministers of can be enumerated as under:

(1) Formulation, execution, evaluation and revision of public policy in various spheres which
the party in power seeks to progress and practice.
(2) Coordination among various ministries and other organs of the government which might
indulge in conflicts, wastefulness, duplication of functions and empire building.
(3) Preparation and monitoring of the legislative agenda which translated the policies of the
government in action through statutory enactments.
(4) Executive control over administration through appointments, rule making powers and
handling of crises and disasters – natural as well as political.
(5) Financial management through fiscal control and operation of funds like Consolidated
Fund and Contingency Funds of India.
Central Secretariat

Functions of Central Secretariat-

i. It advises the ministers in framing policies.
ii. It aids the minister in performing his legislative duties.
iii. It frames the regulations of administration.
iv. It analyses the problems carefully.
v. It prepares the budget by keeping close relationships with the finance department.
vi. It works as the bridge between the central government and the state government.

Lok Sabha and Rajya Sabha:

*Compare and contrast Lok Sabha and Rajya Sabha

Membership of Parliament

Qualifications

The Constitution lays down the following qualifications for a person to be chosen a member
of the Parliament:

1. He must be a citizen of India.

2. He must make and subscribe to an oath or affirmation before the person authorized by the
election commission for this purpose. In his oath or affirmation, he swears
i. To bear true faith and allegiance to the Constitution of India
ii. To uphold the sovereignty and integrity of India
3. He must be not less than 30 years of age in the case of the Rajya Saba and not less than 25
years of age in the case of the Lok Saba.
4. He must possess other qualifications prescribed by Parliament.
Difference Lok Sabha Rajya Sabha

What it is called? House of People Council of States

What is the House of People, where people who are Council of States, where the
meaning of the qualified to vote can elect their representatives are indirectly elected
name? representative by way of direct by the elected representative of the
elections Assemblies of States and Union
Territories

What is the It continues for 5 years It is a permanent body.

tenure of the Note: It can be dissolved earlier by
house? passing no-confidence motion

Who heads the Speaker Vice President of India as the

house? Chairman of the house

What is the 25 years 30 years

minimum age to
become a
member?

What is the 552 members 250 members

strength of the
house?

What are the All bills originate in Lok Sabha mostly Rajya Sabha has special powers to
functions of the and after passing through Rajya Sabha, protect the states’ rights against the
house? they are returned for Lok Sabha Union.
approval. It plays a major role in
legislation.

Who is more powerful between Lok Sabha and Rajya Sabha?

Lok Sabha and Rajya Sabha along with President together make up the Parliament. Both the
houses have been conferred with powers. However, there is a slight difference between the
powers of both. Lok Sabha is more powerful than Rajya Sabha on specific matters which are
given below:

Lok Sabha can express a lack of confidence in the government by following ways
which Rajya Sabha cannot:

 By not passing a motion of thanks on the President’s inaugural address

 By rejecting a money bill.
 By passing a censure motion or an adjournment motion
 By defeating the government on a vital issue
 By passing a cut motion
 Note: Rajya Sabha, however, can criticize the acts and policies of the
government.

 Money Bill under Article 110 can only be introduced in Lok Sabha.
 Financial Bill under Article 110 (1) can also be introduced only in the Lok Sabha

Note: The powers with the passage of the bill, however, are the same

 Speaker of Lok Sabha decides which bill is Money Bill and the same power is not
given to the chairman of Rajya Sabha
 In case of a joint sitting of both houses, Lok Sabha with the greater number always
wins
 With respect to the union budget, Rajya Sabha can only discuss the budget and cannot
vote on the demands for grants

How many members are there in Lok Sabha and Rajya Sabha?
The composition of both the houses is given below:

How are members elected in Lok Sabha and Rajya Sabha?

The principle of election for both houses is different. There are three kinds of representation
in both the houses:

 Representation of States
 Representation of Union Territories
 Nominated Members
Difference between Lok Sabha and Rajya Sabha w.r.t
Representation of States

Lok Sabha Rajya Sabha

 Members are directly elected by the  Members are elected by the elected
people from the territorial members of state legislative assemblies
constituencies in the states  Election Principle used – Proportional
 Election Principle used – Universal Representation by means of Single
Adult Franchise Transferable Vote
 Eligibility to Vote: Any Indian  Allotment of Seats – On the basis of
Citizen of/above 18 years of age population
Note: Voting age was reduced from 21 to 18 Note: Number of representatives varies from
years by the 61st Constitutional Amendment state to state
Act, 1988

Difference between Lok Sabha and Rajya Sabha w.r.t Representation of

Union Territories

Lok Sabha Rajya Sabha

 Parliament is empowered to choose the  Members are indirectly elected

members from the UTs in any manner as it by members of an electoral
desires college specially constituted for
 Election Principle used – Direct Election the purpose
Note: Union Territories (Direct Election to the  Election Principle used –
House of the People) Act, 1965, has been enacted by Proportional
which the members of Lok Sabha from the union Representation by means
territories are chosen by direct election. of Single Transferable Vote
Note: Out of eight UTs, Delhi, Jammu &
Kashmir, and Puducherry have
representation in Rajya Sabha
Difference between Lok Sabha and Rajya Sabha
w.r.t
Representation of Nominated Members

Lok Sabha Rajya Sabha

President nominates 2 members from Anglo-Indian President nominates 12 members from

Community if they are not adequately represented people who special knowledge and
Note: The provision to nominate Anglo-Indians was practical experience in :
extended till 2020 by 95th Amendment Act, 2009
 Art
 Literature
 Science
 Social Service

Powers of the Lok Sabha Speaker

a. He presides over the meeting of Lok Sabha.
b. He has the final power to maintain order in the House and also to interpret the rules of
procedure.
c. The Speaker decides whether a bill is money bill or not (available only to Lok Sabha
speaker).
d. He presides over the joint sitting of both the Houses of the Parliament.
e. The Speaker cannot vote in the first instance. If there is a tie in the first instance, then the
speaker is allowed to vote to break the deadlock. This is called Casting Vote.
f. The During the removal procedure of the speaker, he is allowed to vote in the first instance.
g. The Speaker has the power to disqualify any member of the house, if the member is held
guilty of any wrong doings.
h. The Speaker has the right to nominate members for certain committees of the Parliament.
i. It is the speaker who decides who shall hold the floor (speak in the house).
j. Speaker decides which points of order are accepted and rejected.
k. Position of the Chairperson of Rajya Sabha
l. Article 63 creates the Position of the Vice President of India.
m. Vice President is the official chairperson of Rajya Sabha, according to Article 63.
n. The tenure of Members of Rajya Sabha is 6 years whereas the tenure of the chairperson of
Rajya Sabha is 5 years.
o. If the Vice President is discharging duties of the President; he shall not officiate as the
chairperson of Rajya Sabha.
p. The Deputy Chairperson is elected from amongst the members of Rajya Sabha.
Legislative Procedures in the Parliament
Legislative Procedures are the procedures through which bills become laws.
Types of bills introduced in the Parliament;
a. Ordinary bills
b. Money bills
c. Financial bills – Class I and Class II Financial bills
d. Constitution Amendment bills
e. Private Member’s bill
If a minister wants to introduce a bill, a notice of not more than 7 days is required to be given.
A longer notice period is required for a Private Member’s bill. Any bill introduced in the
Parliament has to go through 3 stages (Reading of the bills)
First Reading - Introduction of the bill
a. Bill may be referred to a select committee
b. Bill may be referred to Joint Committee of both the Houses of the Parliament
c. Bill may be circulated or elicit public opinion
d. Bill may be taken for consideration
Generally in the first reading, fundamentals of the bills are discussed. Second Reading ends
after the house considers the bill on a clause-by-clause basis (in detail). In the third Reading,
the concerned MP will request the house (move a motion) to pass the bill.
After the bill is passed in one house (for e.g. Lok Sabha) the other house (Rajya Sabha) can
a. Accept the bill and pass it to the President for assent.
b. It can completely reject it or pass it with amendments.
c. It might not do anything for a period of 6 months.
d. If there is a deadlock; a joint sitting will be called by the President to resolve the deadlock.
Money Bill
Article 110 and 199 describe what constitutes a money bill of Central and State Legislatures.
a. On money bills, RajyaSaba does not have much power.
b. A money bill can be introduced only in LokSaba.
c. Sanction of the President is required before the introduction of money bill.
d. RajyaSaba has the power to delay the passage of the money bill by at most 14 days.
e. RajyaSaba can offer suggestions and advice but it cannot amend the bill.

Financial Bill
a. A bill that deals with certain matters, alongside the matters present in Article 110 or 199.
b. All money bills are financial bills but all financial bills are not money bills.
Special Provisions of Financial Bill Class I
a. Can be introduced only in Lok Sabha
b. Can be introduced only with the prior consent of the President.
c. Rajya Sabha has equal powers as the Lok Sabha on this bill
Special Provisions of Financial Bill Class II
a. They involve with some expenditure of money
b. They can be introduced in both the houses.
c. The President’s consent is required before the bill is taken up for consideration.
*Comparison between Ordinary bills, Money bills and Finance bills.
THE UNION JUDICIARY
*Illustrate in detail about the judicial system in states. What is the legitimate power of
High court?
Types of Judicial Benches
1. Supreme Court
(a) Constitutional / Full Bench – constitutes of five or more judges of the Supreme Court.
(b) Divisional Bench – constitutes of two or more judges of the Supreme Court but in case of
participants of the Chief Justice three or more judges of the Supreme Court.
2. High Court
(a) Full Bench – 3 or more Judges
(b) Divisional Bench – 2 or more Judges.
Single Bench – only one Judge.
Supreme Court of India: Composition, Power, and Functions
*Discuss In detail about State Government Administration and Function
*What are the fundamental duties of governor, chief minister and legislative?
State Government and its Administration:
MEANING OF SECRETARIAT:
The three components of government at the state level are: (i) the Minister; (ii) the Secretary;
and (iii) the Executive Head (last one in most cases is called the Director, although other
nomenclatures are also used to refer to the executive head). The Minister and the Secretary
together constitute the Secretariat, whereas the office of the Executive Head is designated as
the Directorate. Literally, the term “Secretariat” means the Secretary’s office. It originated at
a time when what we had in India was really a government run by the Secretaries. After
Independence, the power of governance passed into the hands of the popularly elected
Ministers and thus the Ministry became the seat of authority. In the changed political
situation, the term Secretariat has become a synonym for the Minister’s office.
POSITION AND ROLE OF STATE SECRETARIAT
The State Secretariat, as the top layer of the state administration, is primarily meant to assist
the state government in policy-making and in discharging its legislative functions. The main
functions of the State Secretariat are as follows:
i) Assisting the ministers in policy-making, modifying policies from time to time and
discharging their legislative responsibilities;
ii) Framing draft legislation, and rules and regulations;
iii) Coordinating policies and programmes, supervising and controlling their execution, and
reviewing of the results;
iv) Budgeting and control of expenditure;
v) Maintaining contact with the Government of India and other state governments; and
vi) Overseeing the smooth and efficient running of the administrative machinery, and
initiating measures to develop greater personnel and organisational competence.
STRUCTURE OF A TYPICAL SECRETARIAT DEPARTMENT
Officers :
Conventionally, the officers’ hierarchy had three levels. Under this, a typical administrative
department is headed by a Secretary who will have a complement of Deputy Secretaries and
Under/Assistant Secretaries.
Office
A unique feature of the Secretariat system in India has been the distinction between its two
component parts – “the transitory cadre of a few superior officers” and “the permanent
office”. The officers in each department, because they hold tenure posts, come and go. It is
the office, which is manned by permanent functionaries, which provides the much needed
element of continuity to the Secretariat department. Unlike officers, the office constitutes the
permanent element in the Secretariat system. The office component is comprised of
superintendents (or section officers), assistants, clerks, computer operators etc. The office
performs the spadework on the basis of which the officers consider cases and make decisions.
Office supplies officers with materials, which constitute the basis for decision-making. The
structure of a typical Department can be depicted as follows:
Department - Secretary
Wing - Additional/Joint Secretary
Division - Deputy Secretary
Branch - Under Secretary
Section - Section Officer.