©) studocu Unit 2 ConstitutionUnit-2 COl Rajya Sabha: Functions and Powers of the Rajya Sabha Rajya Sabha: Functions and Position of the Rajya Sabha The Rajya Sabha, i.e., the Council of States, is the Upper House of the Union Parliament. It gives representation to the States of the Indian. However, the states do not enjoy an equal representation in the Rajya Sabha. These have been given representations on the basis of the size of their populations. I. Composition of the Rajya Sabha: The Rajya Sabha can have a maximum strength of 250 members; out of these 238 are to be the representatives of the States and remaining 12 members are to be nominated by the President from amongst persons who have achieved distinctions in the fields of art, literature, science or social services. At present, the Rajya Sabha has 245 members 233 elected and 12 nominated. Members of each State Legislative Assembly, together elect their allotted number of MPs for Rajya Sabha. The President nominates 12 MPs of Rajya Sabha. TI. Method of Election: This docu rvominormsownen Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])The members of the Rajya Sabha are elected indirectly by the people. The people of each state elect the members of their state legislative assembly who then elect the members of Rajya Sabha by a method of _ proportional representation—single transferable vote system. Each State Legislative Assembly elects as many representatives as have been allocated to it by the Constitution. III. Qualifications for the membership of Rajya Sabha: (a) He must be a citizen of India. (b) He must be above the age of 30 years. (c) He must possess all other qualifications as laid down by the Parliament. (d) He must not hold any office of profit under any government. (c) He should not be an insane or a bankrupt. (f) He should not have been disqualified under any law of the Parliament. Now any person residing in any part of India can contest election to the Rajya Sabha from any state. For this purpose residence of the concerned state is not essential. IV. Tenure: The Rajya Sabha is a quasi-permanent House. It is not subject to dissolution as a whole. One third of its members retire after every two years and elections are held only for the vacant seats. The tenure of each member of the Rajya Sabha is six years. Downloaded by Harsit Kumar Verma (narshitva20@[Link])V. Sessions: The President convenes the sessions of the Rajya Sabha usually along with the sessions of the Lok Sabha or whenever he feels it necessary. However, there cannot be a gap of more than six months within the two sessions of the Rajya Sabha. The President can call a special session of Rajya Sabha for getting approved an emergency declaration at a time when Lok Sabha stands dissolved. VI. Quorum for the Meetings of Rajya Sabha: The quorum for the meetings of Rajya Sabha is 1/10th of its members. It means that at least 1/10th of the members of the Rajya Sabha must be present for carrying out the work of the House. VII. Privileges of Members: The members of the Rajya Sabha enjoy several privileges. They enjoy unrestricted freedom to express their views in the [Link] cannot be arrested for any civil offence during, and 40 days before and after the session of the Rajya Sabha. For protecting the privileges of the members of the House, the Committee on Privileges has been in existence since the inception of the Rajya Sabha. VIII. Chairman and Deputy Chairman of the Rajya Sabha: Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He is not a member of the House. However, he presides over its meetings and conducts its proceedings. During the absence of the Vice-President, the Deputy Chairman of the Rajya Sabha presides over the meetings. The Deputy Chairman is elected by the Rajya Sabha MPs from amongst themselves. Powers and Functions of the Rajya Sabha: 1. Legislative Powers: In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it. In case of a deadlock between the two Houses of Parliament over an ordinary bill and if it remains unresolved for six months, the President can convene a joint sitting of the two Houses for resolving the deadlock. This joint sitting is presided over by the Speaker of the Lok Sabha. If the bill is passed in the joint sitting, it is sent to the President for his signatures. But if the deadlock is not resolved, the bill is deemed to have been killed. 2. Financial Powers: In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha. A money bill passed by the Lok Sabha comes before the Rajya Sabha for its consideration. However, if within a period of 14 days, the Rajya Sabha fails to pass the bill, the bill is taken to have been Downloaded by Harsit Kumar Verma (narshitva20@[Link])passed by the Parliament irrespective of the fact whether the Rajya Sabha has passed it or not. If the Rajya Sabha proposes some amendments and the bill is returned to the Lok Sabha, it depends upon the Lok Sabha to accept or reject the proposed amendments. 3. Executive Powers: The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha. Lok Sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence. Although the Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya Sabha can exercise some control over the ministers by criticising their policies, by asking questions and supplementary questions, and by moving adjournment motions. Some of the ministers are also taken from the Rajya Sabha. Now the Prime Minister can also be from Rajya Sabha if the majority party in the Lok Sabha may elect/adopt him as its leader. 4. Amendment Powers: Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with 2/3 majority in each House. 5. Electoral Powers: The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha along with the elected members Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])of the Lok Sabha and all the State Legislative Assemblies together elect the President of India. The members of the Rajya Sabha Lok Sabha together elect the Vice- President of India. Members of the Rajya Sabha also elect a Deputy Chairman from amongst themselves. 6. Judicial Powers: (a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of violation of the Constitution. (b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court. (c) The charges against the Vice-President can be levelled only in the Rajya Sabha. (d) The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney General of India, Comptroller and Auditor General and Chief Election Commissioner. 7. Miscellaneous Powers: The Rajya Sabha and Lok Sabha jointly perform the following functions: (a) Approval of the ordinances issued by the President, (b) Ratification of an emergency proclamation, (c) Making any change in the jurisdiction of the Supreme Court and the High Courts, and Downloaded by Harsit Kumar Verma (narshitva20@[Link])(d) Making any change in the qualifications for the membership of the Lok Sabha and the Rajya Sabha. 8. Two Special Powers of Rajya Sabha. The Rajya Sabha enjoys two exclusive powers: (i) The Power to declare a subject of State List as a subject of National Importance: The Rajya Sabha can pass a resolution by 2/3rd majority of its members for declaring a State List subject as a subject of national importance. Such a resolution empowers the Union Parliament to legislate on such a state subject for a period of one year. Such resolutions can be repeatedly passed by the Rajya Sabha. (ii) Power in respect of Creation or Abolition of an All India Service: The Rajya Sabha has the power to create one or more new All India Services. It can do so by passing a resolution supported by 2/3rd majority on the plea of national interest. In a similar way, the Rajya Sabha can disband an existing All India Service. Position of the Rajya Sabha: A study of the powers of the Rajya Sabha leads us to the conclusion that it is neither a very weak house like the British House of Lords nor a very powerful house as the American Senate. Its position is somewhat mid-way between the two. It has been less powerful than Lok Sabha but it has been not a very weak or insignificant House. Since 1950, the Rajya Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])Sabha has been using its powers and functions in accordance with the provisions of the Constitution and performing its due role as the second House of Union Parliament. Lok Sabha: Functions and Position of the Lok Sabha The House of the People is popularly known as the Lok Sabha. It is the lower and powerful house of the Union Parliament. It represents the people of India. It is directly elected by all the people. It is fully democratic, representative and national House. I, Composition: The present membership of the Lok Sabha is 545, out of these 523 are elected by the people of all Indian States and 20 by the people of the Union Territories. The President nominates two members of the Anglo-Indian Community to the Lok Sabha. The maximum membership of the Lok Sabha stands fixed at 552 till the year 2010. II. Method of Election of the Members of Lok Sabha: The members of the Lok Sabha are elected on the basis of the following principles: (a) Universal Adult Franchise: Every citizen who has attained the minimum age of 18 years has the right to vote in the elections to the Lok Sabha. However, it is essential that his name should stand included in the voters list of his constituency. Downloaded by Harsit Kumar Verma (narshitva20@[Link])(b) Reservation of Seats for SCs and STs: Some constituencies are reserved for Scheduled Castes and Scheduled Tribes. These are called Reserved Constituencies. From cach reserved constituency only candidates belonging to SCs_or STs, as the case_may be, can_contest_elections. However, all the voters of each such constituency exercise their right to vote for electing one candidate belonging SC or ST as their representative. Presently 131 seats stand reserved (84 for SCs and 47 for STs). (c) Single Member Territorial Constituencies: The whole country is divided into as many territorial constituencies as is the number of the members of the Lok Sabha to be elected. From each constituency one MP is elected. (d) Secret Ballot: The members of the Lok Sabha are elected by secret ballot and no one knows his voting decision. Now EVMs are being used in recording votes. (e) Direct Election and Simple Majority Vote Victory system: All the members of the Lok Sabha are directly elected by the people. Any voter can cast his vote to elect any candidate of his choice from his constituency.A candidate securing the largest number of votes from amongst all the contestants from Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])a constituency gets elected as the representative of the people of his constituency in the Lok Sabha. III. Qualifications for Membership of the Lok Sabha: (1) He must be a citizen of India. (2) He must not be less than 25 years of age. (3) He must not hold any office of profit in the Government. (4) He should not have an unsound mind or be a bankrupt. (5) He should not be a declared offender of a grave crime by any court. (6) He should possess all such qualifications prescribed by the Parliament. IV. Tenure: The normal term of the Lok Sabha is five years. This term can be extended for one year during an emergency. But fresh elections to the Lok Sabha must be held within six months of the end of emergency. Further, the President can dissolve the Lok Sabha at any time when the Prime Minister may advise him to do so or when no party may be in a position to form a government. In this case also a new Lok Sabha has to be essentially elected within six months. V. Sessions: The President can call the session of Parliament at any time but the gap between two meetings of the Parliament cannot be Downloaded by Harsit Kumar Verma (narshitva20@[Link])of more than six months. It means in one year, a minimum of two sessions of the Lok Sabha are essential. VI. Quorum: For a meeting of the Lok Sabha the presence of at least 1/10th of its total members is essential. If 1/10th of the members are not present in a meeting of the Lok Sabha, the Speaker of the House can adjourn the meeting for lack of quorum. VII. Presiding Officers of Lok Sabha: Speaker and Deputy Speaker: The Speaker is the chairman and presiding officer of the Lok Sabha. In its very fastest meeting, every new Lok Sabha elects one of its members as the Speaker and another one as the Deputy Speaker. The Speaker presides over the meetings of the Lok Sabha, conducts its proceedings and maintains discipline and decorum in the House. His authority is supreme in the House. He acts as a neutral chairman in the House. In his absence these functions are performed by the Deputy Speaker. When both the Speaker and Deputy Speaker are not present in the House, one member from the panel of chairmen (List of some veteran and experienced MPs of the House) presides over the meeting. VIII. Privileges of Members: Lok Sabha MPs enjoy several privileges. They enjoy unrestricted freedom to express their views in the House. No_ action can be taken against them for anything said by them the House. They cannot be detained for any civil offence Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])during and 40 days before and_after the session of the Lok Sabha. Their arrest in criminal cases can be made only after the Speaker has been informed of it. Powers and Functions of the Lok Sabha: 1. Legislative Powers: An ordinary bill can become law only after it has been passed by both the Houses of Parliament. It can be introduced either in the Lok Sabha or the Rajya Sabha. When a bill is introduced and passed by the Lok Sabha, it is sent to the Rajya Sabha. After it has secured the approval of Rajya Sabha, it goes to the President for his signature. After this it becomes a law. Although ordinary bills can be introduced in either of the two houses of Parliament, almost 90% of the bills are actually introduced in the Lok Sabha. In case the Rajya Sabha rejects a bill passed by the Lok Sabha and returns it with or without some amendments, the Lok Sabha reconsiders the bill. If the Lok Sabha re-passes it and the Rajya Sabha is still not prepared to pass it, a deadlock occurs. If this deadlock remains unresolved for six months, the President summons a joint sitting of the two Houses. The decision of the joint sitting is accepted by both the Houses. 2. Executive Powers: For all its work, the Council of Ministers is collectively responsible before the Lok Sabha. The leader of the majority in the Lok Sabha becomes the Prime Minister. Most of the ministers are from the Lok Sabha. The ministers remain in Downloaded by Harsit Kumar Verma (narshitva20@[Link])office so long as they enjoy the confidence of majority in the Lok Sabha. The Lok Sabha can remove the ministry from office by passing a vote of no- confidence against it. Thus, the life and death of the Ministry depends upon the Lok Sabha. The Lok Sabha maintains a continuous control over the Council of Ministers. MPs can ask questions from ministers about their policies and activities of administration. They can criticise their policies. They can move and adopt several types of resolutions and motions (adjournment motion, call attention motion, censure motion and no-confidence motion) and can reject any bill of the government. If the Lok Sabha: (i) Rejects any policy or decision of the Cabinet, (ii) Or disapproves the budget or a bill of the government, or (iii) Passes a vote of no- confidence against the Prime Minister, it is. Taken to be a vote of no-confidence against the entire Council of Ministers and it resigns in mass. 3. Financial Powers: The Lok Sabha has vast financial powers. A money bill can be introduced only in the Lok Sabha. After having been passed by it, the money bill goes to the Rajya Sabha. Such a bill can be delayed by the Rajya Sabha for a maximum period of 14 days. Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])If the Rajya Sabha fails to pass a money bill and 14 days elapse from the date of the submission of the bill to it, the money bill is deemed to have been passed by both the houses of Parliament. It is sent to the President for his signature. In case of any dispute as to whether a particular bill is a money bill or not, the Speaker of the Lok Sabha gives the decision. His decision is final and it cannot be challenged in any court or even in the Rajya Sabha or the Lok Sabha. Thus, we can any that the Lok Sabha has the final control over the finances of state. No tax can be levied or collected or changed or abolished without the approval of the Lok Sabha. The fiscal policies of the government cannot be implemented without the consent of the Lok Sabha. 4. Judicial Powers: The Lok Sabha also performs some judicial functions. The impeachment proceedings can be taken up against the President either in the Lok Sabha or the Rajya Sabha. The President can be removed from office only when an impeachment resolution is adopted by each of the two Houses with a 2/3 majority of its members. The Lok Sabha also investigates the charges prepared by the Rajya Sabha against the Vice-President _of India. The Lok Sabha and the Rajya Sabha can together pass a resolution for the removal of any judge of the Supreme Court or of a State High Court. Both the Houses can jointly pass a special address and present it to the President for the removal of some high officers of the state_like the Attorney General, the Chief Election Commissioner and the Comptroller and Auditor General of Downloaded by Harsit Kumar Verma (narshitva20@[Link])India. Lok Sabha can also take action against any member or any citizen who is held to be guilty of committing contempt of the House. 5. Electoral Functions: The Lok Sabha also performs some electoral functions. The elected members of the Lok Sabha take part in the election of the President. Members of the Lok Sabha and the Rajya Sabha together elect the Vice-President of India. The members of the Lok Sabha also elect a Speaker and a Deputy Speaker from amongst themselves. 6. Some Other Powers of Lok Sabha: The Lok Sabha and the Rajya Sabha jointly perform the following functions: (a) Approval of the ordinances issued by the President (b) Change of the boundaries of the states. State, creation of new states and change in the name of any state. (c) Changes in the jurisdiction of the Supreme Court and the High Courts. (d) Changes the qualifications of the members of the Parliament and State Legislatures. (ce) Revising the salary and allowances of the members of Parliament, (f) The setting up of Joint Public Service Commission for two or more states. Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])(g) Passing of a resolution for abolishing or creating the upper chamber of a state legislature, (h) Approval of a Declaration of Emergency. Position of the Lok Sabha: After studying the powers and functions of the Lok Sabha, we can say that the Lok Sabha is a very powerful House. The Council of Ministers is responsible to the Lok Sabha and not to the Rajya Sabha. It remains in office so long as it enjoys the confidence of majority in the Lok Sabha. The Lok Sabha has full control over the finances of the State. It dominates ordinary law-making bills as nearly 90% of the bills are introduced in it. The joint sitting method of resolving the deadlocks between the two Houses tends to favour the Lok Sabha. It also controls the executive. The leader of majority in the Lok Sabha becomes the Prime Minister. Lok Sabha can cause the dismissal of the Council of Ministers by passing a vote of no-confidence or by rejecting a policy or law of the government. Hence, the Lok Sabha is a very powerful house of the Union Parliament. Powers & Functions of Indian President Powers & Functions of Indian President Following are the powers and functions of the Indian President 1. Executive Powers 2. Legislative Powers Downloaded by Harsit Kumar Verma (narshitva20@[Link])3. 4. 5. Financial Powers Judicial Powers Emergency Powers Executive Powers The supreme executive powers are vested by the President. He can directly exercise these powers and can do it through officers subordinate. As such all executive actions of the Government of India will be expressed to be taken in the name of the-President. w & w . He is responsible for the appointment the Prime Minister and on his advice other Ministers, . He makes rules for the smooth and easy transaction of the government business and distributes work and portfolios among the Ministers, . He has the power to make all important appointments like Governors of the States, Judges of the Supreme Court of India and High Courts of the Slates, the Auditor-General of India, Chairman and other members of the Union Public Service Commission, the members or the Election and Finance and other Commissions, . He is the Supreme Commander of the Armed Forces of India. He also has the power to send Ambassadors. Commissioners and other diplomatic agents to other countries and to receive Ambassadors and other diplomatic representatives of foreign countries. . He makes and negotiate treaties and can declare war and conclude peace, .He governs the Union territories through chief Commissioners or Lieutenant Governors who are appointed by him. naccameriownerectme Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])Legislative Powers The President is a part of the Parliament, which consists of the President and the two Houses. He summons and prorogues either House of the Parliament and dissolves the Lok Sabha. He nominates 12 members of the Council of States (Rajya Sabha). He addresses the Parliament when it first meets and at the first session of each year. He can send messages to either House of Parliament. In case of disagreement over a particular bill, he can summon a joint ‘meeting of both Houses of Parliament. Every bill passed by Parliament must receive his assent to become an Act. He can withhold his assent and send it back to the originating House. If the bill is again passed by- Parliament, the President must give his assent. When Parliament not in session, the President can promulgate Ordinances which remain, enforced for 6 weeks. Certain State bills can be reserved by the Governor of a State for the assent of the President. Financial Powers The President causes the annual budget of the Union to be laid before Parliament. No demand for grant can be made except on the recommendation of the President. He has been authorized to distribute between the Union & the States shares from the Income Tax. Judicial Powers Downloaded by Harsit Kumar Verma (narshitva20@[Link])The President has the power to grant pardon, reprieves respites or reductions of punishment or to suspend and remit the sentence of any person convicted of any crime against the Union law or even sentence is of death. Emergency Powers The constitution has given vast emergency powers to the President. There are three occasions when he can proclaim “State emergency’ viz ing out of war of aggression or threat or b. Emergency arising out of failure or breakdown of the constitutional machinery in the states, c. Financial emergencies. In the period of emergency the Federal Constitution is suspended and the State system becomes unitary, with the state subordinated to the Centre. Their autonomy disappears. During the period of such a proclamation, the state authorities are required to comply with such directions and to observe such financial policies as may be issued to them by the President. How the office of the US President is different from that of the Indian President? Manner of election Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])US president is more or less directly elected whereas the Indian president is indirectly elected. The advantage of the directly elected head of the government is the stability of the government. Unlike Indian Prime Minister American President is not overpowered by the “compulsions of coalition politics” Head of the State The US President is both the Head of the State and Head of the Government, whereas the Indian president is only the head of the State. President of the US is the real executive. Indian President like the British monarch is only a titular head. Term of office American President holds the office for 4 years and he can seek re-election only once, while the Indian president holds the office for5 years and is eligible for re-election any number of times. Responsibility to Legislature The US president is not part of any legislature and is not responsible to the legislatures. In India, the Parliament includes the President and the two houses- Lok Sabha and Rajya Sabha. Removal process Both the American and Indian Presidents can only be removed from the office through impeachment. In India either house can initiate impeachment proceedings against the president and with the concurrence of the other house can Downloaded by Harsit Kumar Verma (narshitva20@[Link])impeach the President. In US the power to impeach solely lies with the Senate (upper house). Emergency powers Indian President yields huge powers during emergency situations. He can proclaim both external and internal emergencies. Indian President can declare emergency in a state, dissolve state legislature and dismiss the state council of ministers. During financial emergency, he has the power to reduce the salaries of all the government officials including that of the Supreme Court and High Court judges. He has a formidable list of executive, financial and legislative powers which he can exercise on the advice of the cabinet during emergency. Independence of office The Indian President needs to act as per the advice of the Council of Ministers (CoM) while discharging his duties. The CoM takes all the decisions pertaining to the affairs of the country and executes them under the President’s name. In the US, the members of the cabinet are not members of the Congress and are not responsible to [Link] cabinet members are appointed by the President and they are liable to be dismissed by the President. The American President has the power to determine the policy of his government independently without any external interference. Veto power Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])Indian President has comparatively lesser veto power than the President of US. The President of US can veto a bill passed by the Congress. He needs to sign the bill if it is once again passed by two-thirds majority of both the houses. The Indian President on the other hand can send the bill for reconsideration only once. If the bill is passed again even by a simple majority in the Parliament he is obliged to sign the bill. Pocket veto US President can exercise his pocket veto power by not signing the bill for /0 days if he knows the ion of the congress will end within 10 days. In such cases the bill dies. Indian President can keep the bill for indefinite period as there is no constitutionally prescribed time limit to give his assent. The President can use his pocket veto if the fall of the government appears imminent. However, he has to act as per the advice of the new government and cannot take his own decision if the current government falls. Pocket veto was first exercised by the President Giani Zail Singh with respect to the Indian Postal Bill which was passed by the Rajiv Gandhi government. Subsequently, the new government withdrew the bill in 1989. State bills Certain state bills need the previous consent of the president and he possess absolute veto power with respect to some types of state bills. The US President does not have such powers. Dissolving the legislature Downloaded by Harsit Kumar Verma (narshitva20@[Link])The Indian President can dissolve the Parliament while the US President does not have such powers. 10 Essential Powers and Functions of the Prime Minister of India The Prime Minister occupies a unique position of power and prestige. His powers and functions are: 1. He prepares the list of the council of ministers. The president cannot drop any name from this list; 2. The Prime Minister distributes the work to the different ministers; 3. He can dismiss an erring minister; 4. He presides over the meetings of the Cabinet; 5. He supervises and co-ordinates the working of various departments; Inescemerrawvereectromeon Ey studocu Downloaded by Harshit Kumar Verma (narshitv428@[Link])6. He is the main spokesman of the ministry; 7. He is a link between the council of ministers and the President. 8. He advises the President on the issue of making appointments; 9. He advises the President to dissolve the Lok Sabha; and 10. He plays a leading role in making all policy statements as also the preparation of the annual budget. Council of Ministers * Which articles in the Constitution deal with the Council of Ministers? * Two articles — Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers. Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid and advise the President, article 75 mentions the following things: * They are appointed by the President on the advice of Prime Minister * They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok Sabha. (The number cannot exceed 15%) * 91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a member of Downloaded by Harsit Kumar Verma (narshitva20@[Link])Parliament. (Difference between Lok Sabha and Rajya Sabha can be referred to in the linked article.) A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive months. Parliament decides the salary and allowances of the council of ministers. Collective Responsibility of the Council of Ministers The framers of our Constitution considered it fit to incorporate the system in the Constitution. The principle of collective responsibility finds a place in Art. 75(3) where it is stated that the Council of Ministers shall be collectively responsible to the Lok Sabha. In other words, this provision means that a Ministry which loses confidence in the Lok Sabha is obliged to resign. The loss of confidence is expressed by rejecting a Money Bill or Finance Bill or any other important policy measure or by passing a motion of no-confidence or rejecting a motion expressing confidence in the Ministry. When a Ministry loses the confidence of the Lok Sabha the whole of the Ministry has to resign including those Ministers who are from the Rajya Sabha. The Ministers fall and stand together. In certain cases, the Ministry may advise the President to dissolve Lok Sabha and call for fresh elections. Types of Ministers Inescemerrawvereectromeon Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])The Indian Constitution does not categorize ministers into ranks, however, in practice seen in India, ministers are of four types: Cabinet Ministers—He is present and he participates in every meeting of the Cabinet. 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. 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. 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. Article 76 of the Indian Constitution under its Part-V deals with the position of Attorney General of India. Who is Attorney General of India? Article 76 of the constitution mentions that he/she is the highest law officer of India. As a chief legal advisor to the government of India, he advises the union government on all legal matters. Downloaded by Harsit Kumar Verma (narshitva20@[Link])* He also is the primary lawyer representing Union Government in the Supreme Court of India. The Attorney General, like an Advocate General of a State, is not supposed to be a political appointee, in spirit, but this is not the case in practice. * Who appoints Attorney General of India? * President of India appoints a person who is qualified for the post of Supreme Court Judge. There are the following qualifications: He should be an Indian Citizen * He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as an advocate * He may be an eminent jurist too, in the eye of the President Role of Attorney General * Being the Chief Law Officer of the country, the Attorney General of India has to perform the following duties: * Whichever legal matters are referred to him by the President, he advises the Union government upon the same. President keeps on referring him legal matters that suits his interest and Attorney General has to advise on those too + Apart from what President refers, he also performs the duties mentioned in the Constitution naccameriownerectme Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])The three duties that are assigned to him by the President are: In any legal case where the government of India is related to, the Attorney General has to appear in the Supreme Court on its behalf He has to represent the Union Government in any reference made by the president to the Supreme Court under Article 143 of the Constitution He also appears in the High Court if any case is related to the Government of India State Executives * The state executive is made up of the Governor, Chief Minister, Council of Ministers, and Advocate-General of State. Governor, as President, heads the state government. Article 153-167 in the Indian Constitution deal with the provisions related to the state governments of the country. Governor is a titular head or constitutional head and at the same time, he is the agent of the centre as the union government nominates Governor in each state. Who is a Governor? Governor is a nominal executive head of the state. He forms an important part of the state executive where he acts as the chief executive head. Central Government nominates the governor for each state. Downloaded by Harsit Kumar Verma (narshitva20@[Link])The Indian President appoints Governor for each state by warrant under his hand and seal. Central Government is responsible to nominate the governor for each state. Note: Unlike elections of President, there is no direct or indirect election for the post of Governor. The office of a governor is not a part of the union executive and is an independent constitutional office. The governor doesn’t serve the union government and neither is subordinate to it. The nomination of a governor by the Union and his appointment by the President in India is based on the Canadian model of government. Term office of Governor Since the Governor holds the office under the pleasure of the President, his office has no fixed term. President can remove the Governor and the grounds upon which he may be removed are not laid down in the constitution. Governor may also get transferred from one state to another by the President. He also can be reappointed. Note: An interregnum is not allowed; following which a Governor may sit in the office beyond 5 years (expiry of the term) till the new governor assumes the charge of the office. naccameriownerectme Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])* On President’s discretion, the Chief Justice of the High Court of the concerned state can also be appointed as the Governor on a temporary basis when and how the President thinks fit. (Example — On the governor’s death, Chief Justice of HC can be appointed as the governor.) Qualification for Governor * Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime Minister or President who have a set of qualifications to meet to hold the office; Governor has to meet only two qualifications: . He should be an Indian Citizen 2. He should be 35 years old or more * Note: There are two conventions that the government follow before nominating a person as a Governor: 1. That person is not appointed as the governor who belongs to the state. He shall be an outsider having no relation with the state he is being appointed to. 2. Consultation of the Chief Minister is taken by the President before appointing a governor + It should also be noted that both the above conventions are not absolute and have been ignored by the union government in many instances. Powers & Functions * Executive Powers of the Governor Downloaded by Harsit Kumar Verma (narshitva20@[Link])* The following comes under his executive powers: 1. Every executive action that the state government takes, is to be taken in his name. 2. How an order that has been taken up his name is to be authenticated, the rules for the same can be specified by the Governor. 3. He may/may not make rules to simplify the transaction of the business of the state government. 4. Chief Ministers and other ministers of the states are appointed by him. 5. It is his responsibility to appoint Tribal Welfare Minister in the states of: 1. Chattisgarh 2. Jharkhand 3. Madhya Pradesh 4. Odisha 6. He appoints the advocate general of states and determines their remuneration 7. He appoints the following people: 1, State Election Commissioner 2. Chairman and Members of the State Public Service Commission 3. Vice-Chancellors of the universities in the state 8. He seeks information from the state government naccameriownerectme Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])9. A constitutional emergency in the state is recommended to the President by him. [Link] governor enjoys extensive executive powers as an agent of the President during the President’s rule in the state. Legislative Powers w The following are the legislative powers of the governor: . It’s in his power to prorogue the state legislature and dissolve the state legislative assemblies . He addresses the state legislature at the first session of every year . If any bill is pending in the state legislature, Governor may/may not send a bill to the state legislature concerning the same . If the speaker of the legislative assembly is absent and the same is Deputy Speaker, then Governor appoints a person to preside over the session . As President nominates 12 members in Rajya Sabha, Governor appoints of the total members of the legislative council from the fields of: 1. Literature 2. Science 3. Art 4. Cooperative Movement 5. Social Service Downloaded by Harsit Kumar Verma (narshitva20@[Link])6. As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in state legislative assembly from Anglo-Indian Community. 7. He can consult Election Commission for the disqualification of members 8. With respect to the bill introduced in the state legislature, he can: 1, Give his assent 2. Withhold his assent 3. Return the bill 4. Reserve the bill for the President’s consideration (In instances where the bill introduced in the state legislature endangers the position of state High Court.) Financial Powers The following are the financial powers and functions of the Governor: He looks over the state budget being laid in the state legislature 2. His recommendation is a prerequisite for the introduction of money bill in the state legislature [Link] recommends for the demand for grants which otherwise cannot be given 4. Contingency Fund of State is under him and he makes advances out that to meet unforeseen expenditure naccameriownerectme Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])5. State Finance Commission is constituted every five years by him. Judicial Powers * The following are the judicial powers and functions of the Governor: [Link] has the following pardoning powers against punishment: 1, Pardon 2. Reprieve 3. Respite 4. Remit 5. Commute 2. President consults the Governor while appointing judges of High Court [Link] consultation with the state High Court, Governor makes appointments, postings, and promotions of the district judges 4. In consultation with the state high court and state public service commission, he also appoints persons to the judicial services. Chief Minister & Council of Ministers * As areal executive authority, the Chief Minister is called the head of the government. * He is assisted by his council of ministers who are a part of state executive along with Governor and Advocate- General of State. Downloaded by Harsit Kumar Verma (narshitva20@[Link])* Similar to Prime Minister who is the head of the government at the centre, the Chief Minister is the head of the government at the state level. Who is Chief Minister * He is the head of the state government. While the governor is the nominal executive of the state government, the person who becomes the chief minister is the real executive of the government. The real executive is called ‘de facto’ executive that means, ‘in fact, whether by right or not.’ * Check the list of Chief Ministers of Indian states in the linked article. * How is a Chief Minister appointed? * Just like the Prime Minister, provisions of whose appointment are not mentioned in the Indian Constitution, Chief Minister’s appointment particulars are not mentioned in the Constitution. According to Article 164 in the Indian Constitution, Governor appoints Chief Minister. However, the Governor cannot appoint any random person as the Chief Minister but has to follow a provision. + A leader of the party that has got the majority share of votes in the assembly elections, is appointed as the Chief Minister of the state. Functions of Chief Minister naccameriownerectme Ey studocu Downloaded by Harsit Kumar Verma (narshtva20@[Link])wnNne pe ARWN = a The CM of the state performs functions in relation to the different categories of people: - In relation to the Council of Ministers In relation to the Governor . In relation to the State Legislature Other than that, he also performs the following functions: . He chairs the State Planning Board He is a vice-chairperson of the concerned zonal council by rotation, holding that office for a period of one year at atime -He is a member of Inter-State Council and National Development Council which are headed by the Prime Minister. In Relation to the Council of Ministers The Chief Minister is the head of state council of ministers. He performs the following functions: . He recommends to the governor on who to appoint as ministers . He designates or reshuffles the portfolios of the ministers . He can ask a minister to resign . Meeting of the council of ministers is headed by him . All activities of the ministers are guided and controlled by the Chief Minister . If he resigns, the entire council of ministers collapses. Downloaded by Harsit Kumar Verma (narshitva20@[Link])