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Module III

The Union Parliament of India consists of the President, Rajya Sabha, and Lok Sabha, responsible for law-making and representing the people. The Lok Sabha, as the lower house, has a maximum strength of 552 members and is directly elected, while the Rajya Sabha, the upper house, has 250 members with a mix of elected and nominated representatives. The President serves as the head of state with various powers, including executive, legislative, and military functions, while the Prime Minister leads the government and coordinates the executive branch.

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0% found this document useful (0 votes)
18 views19 pages

Module III

The Union Parliament of India consists of the President, Rajya Sabha, and Lok Sabha, responsible for law-making and representing the people. The Lok Sabha, as the lower house, has a maximum strength of 552 members and is directly elected, while the Rajya Sabha, the upper house, has 250 members with a mix of elected and nominated representatives. The President serves as the head of state with various powers, including executive, legislative, and military functions, while the Prime Minister leads the government and coordinates the executive branch.

Uploaded by

geetha_deepu_1
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

The Union Parliament of India comprises three components:

1. The President of India


2. The Rajya Sabha (Council of States)
3. The Lok Sabha (House of the People)

Together, these three components form the legislative body of the Indian government, which
is responsible for making laws, discussing policies, and representing the will of the people.

Composition Of Loksabha

Lok Sabha (House of the People) is the lower house of the Parliament of India. Here’s an
overview of its composition:

1. Total Membership:

 The maximum strength of the Lok Sabha is 552 members.


o 530 members represent the states.
o 20 members represent the Union Territories.
o 2 members are nominated by the President from the Anglo-Indian
community (Note: This provision was abolished by the 104th Constitutional
Amendment Act, 2019).

2. Election Process:

 Members are directly elected by the people through General Elections.

3. Term:

 The normal tenure of the Lok Sabha is 5 years, unless dissolved sooner.

4. Reservation of Seats:

 Seats are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST).
 Recently, reservation for SCs and STs in the Lok Sabha was extended for another 10
years (up to 2030) by the 104th Amendment Act, 2019.

5. Leadership:

 The Speaker presides over the Lok Sabha.


 The Deputy Speaker assists in the absence of the Speaker.

The Rajya Sabha (Council of States) is the upper house of the Parliament of India.
Here’s an overview of its composition:

1. Total Membership:

 The maximum strength of the Rajya Sabha is 250 members.


o 238 members are elected representatives of the States and Union Territories.
o 12 members are nominated by the President of India from fields such as
literature, science, art, and social service.

2. Election Process:

 Members representing states are elected by the elected members of State Legislative
Assemblies through Proportional Representation by means of a Single
Transferable Vote.
 Members representing Union Territories are elected by the members of Electoral
College for that Union Territory.
 Nominated members are appointed by the President based on their expertise and
contributions to various fields.

3. Tenure:

 Rajya Sabha is a permanent body and cannot be dissolved.


 However, one-third of its members retire every two years, and elections are held to
fill these seats.
 The term of each member is 6 years.

4. Leadership:

 The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
 The Deputy Chairman is elected from among its members.

5. Representation:

 The number of members from each state is not uniform and is based on the
population of the state.
 States like Uttar Pradesh have more members compared to smaller states like Goa.

he Lok Sabha (House of the People) is the lower house of the Parliament of India and plays
a crucial role in the functioning of the Indian democracy. Here are the major functions of the
Lok Sabha:

1. Legislative Functions:

 The primary function of the Lok Sabha is to make laws.


 Bills can be introduced in either the Lok Sabha or the Rajya Sabha, except for
Money Bills, which can only be introduced in the Lok Sabha.
 The Lok Sabha debates, amends, and votes on bills before passing them to the
Rajya Sabha for consideration.

2. Financial Functions:

 The Lok Sabha has exclusive powers over financial matters.


 The Annual Budget (Union Budget) is introduced and discussed only in the Lok
Sabha.
 Money Bills can be introduced only in the Lok Sabha, and the Rajya Sabha can only
recommend changes.
 The Appropriation Bill and Finance Bill must be passed by the Lok Sabha.

3. Executive Functions:

 The Council of Ministers, headed by the Prime Minister, is collectively responsible


to the Lok Sabha.
 If the Lok Sabha passes a vote of no confidence, the entire Council of Ministers,
including the Prime Minister, must resign.
 The Lok Sabha exercises control over the executive through questions, motions, and
debates.

4. Deliberative Functions:

 The Lok Sabha serves as a platform to debate important national and international
issues.
 Members discuss policies, review government actions, and present their opinions.

5. Electoral Functions:

 The Lok Sabha participates in the election of the President and Vice-President of
India.
 Members of the Lok Sabha also play a role in the election of the Speaker and Deputy
Speaker of the House.

6. Judicial Functions:

 The Lok Sabha has the power to impeach the President for the violation of the
Constitution.
 It also participates in the impeachment of judges of the Supreme Court and High
Courts.

Rajya Sabha (Council of States) is the upper house of the Parliament of India and plays a
significant role in the legislative process. Here are the major functions of the Rajya Sabha:

1. Legislative Functions:

 The Rajya Sabha shares the power to make laws with the Lok Sabha.
 Ordinary bills can be introduced in either house, including the Rajya Sabha.
 If a bill is passed by the Lok Sabha, it is sent to the Rajya Sabha for consideration.
The Rajya Sabha can:
o Approve the bill.
o Suggest amendments (which the Lok Sabha may or may not accept).
o Reject the bill.
o Hold the bill for a maximum of 6 months.
 In case of a deadlock, a joint sitting of both houses is called, where the Lok Sabha
usually prevails due to its numerical strength.
2. Financial Functions:

 The Rajya Sabha has limited financial powers compared to the Lok Sabha.
 Money Bills can only be introduced in the Lok Sabha and not in the Rajya Sabha.
 Upon receiving a Money Bill from the Lok Sabha, the Rajya Sabha can recommend
changes within 14 days, but the Lok Sabha may or may not accept these
recommendations.
 The Annual Budget and other financial matters are primarily under the jurisdiction of
the Lok Sabha.

3. Executive Functions:

 The Council of Ministers, headed by the Prime Minister, is collectively responsible


to the Lok Sabha, not the Rajya Sabha.
 However, the Rajya Sabha can question and criticize the government’s policies and
actions.
 Ministers, including the Prime Minister, can be members of the Rajya Sabha.

4. Deliberative Functions:

 The Rajya Sabha is often called the "House of Elders" and serves as a forum for
intellectual and statesmanlike debates.
 It deliberates on issues of national and international importance.

5. Constituent Functions:

 The Rajya Sabha plays a role in amending the Constitution.


 An Amendment Bill can be introduced in either house.
 The approval of both houses is required for a constitutional amendment.

6. Federal Functions:

 The Rajya Sabha represents the states and union territories of India.
 It protects the interests of states by acting as a balance against the more populous
Lok Sabha.

7. Electoral Functions:
 Participates in the election of the President and Vice-President of India.
 Elects the Vice-President who is also the ex-officio Chairman of the Rajya Sabha.

8. Judicial Functions:

 The Rajya Sabha plays a role in the impeachment of the President and the removal
of judges of the Supreme Court and High Courts.
 It also takes part in the removal of the Vice-President.

9. Special Powers of Rajya Sabha:

 It can authorize the Parliament to make laws on subjects from the State List
(under Article 249) if it considers it necessary in the national interest.
 It can also create new All India Services under Article 31

Powers and Functions Of President Of India

The President of India is the head of state and the supreme commander of the armed
forces.:

1. Executive Powers:

 The President is the executive head of the country.


 Appoints the Prime Minister and, on their advice, the Council of Ministers.
 Appoints Governors of States, Judges of the Supreme Court and High Courts, the
Attorney General of India, Comptroller and Auditor General (CAG), and heads
of various constitutional bodies.
 Administers Union Territories through appointed Lieutenant Governors or
Administrators.
 Direct administration of states under President’s Rule (Article 356).

2. Legislative Powers:

 Summons and Prorogues sessions of Parliament and can dissolve the Lok Sabha.
 Addresses both houses of Parliament at the beginning of the first session each year.
 Nominates 12 members to the Rajya Sabha from fields like literature, science, art,
and social service.
 Nominates 2 members from the Anglo-Indian community to the Lok Sabha
(provision removed by the 104th Amendment Act, 2019).
 Assents or withholds assent to bills passed by Parliament or returns bills (except
Money Bills) for reconsideration.
 Can issue ordinances when Parliament is not in session (Article 123), which have the
same force as a law.

3. Financial Powers:

 Ensures that the Union Budget and Money Bills are introduced only with their prior
recommendation.
 No money bill can be introduced in Parliament without the President’s consent.
 Controls the Contingency Fund of India, used for unforeseen expenditures.

4. Judicial Powers:

 Has the power to grant pardons, reprieves, respites, or commutations of


punishment, especially in cases involving:
o Death sentences.
o Punishments under court-martial.
o Offenses against laws related to Union jurisdiction.

5. Military Powers:

 The President is the Supreme Commander of the Armed Forces.


 Appoints the Chiefs of the Army, Navy, and Air Force.
 Can declare war or conclude peace, but only on the advice of the Council of
Ministers.

6. Diplomatic Powers:

 Represents India in international affairs.


 Appoints ambassadors and high commissioners to other countries.
 Receives foreign diplomats and ambassadors.

7. Emergency Powers:

The President can proclaim three types of emergencies:

1. National Emergency (Article 352): Due to war, external aggression, or armed


rebellion.
2. President’s Rule (Article 356): Due to the breakdown of constitutional machinery
in a state.
3. Financial Emergency (Article 360): Due to a threat to the financial stability of the
country.

8. Veto Powers:

The President has three types of veto powers:

1. Absolute Veto: Withholds assent to a bill.


2. Suspensive Veto: Returns a bill for reconsideration (except Money Bills).
3. Pocket Veto: Takes no action on the bill indefinitely.

9. Ordinance Making Powers:

 When Parliament is not in session, the President can promulgate ordinances under
Article 123.
 These ordinances have the same effect as laws but must be approved by Parliament
within 6 weeks of reassembly.

10. Discretionary Powers:

 While most of the President’s powers are exercised on the aid and advice of the
Council of Ministers, there are situations where the President can act at their own
discretion, such as:
o Dissolving the Lok Sabha on the advice of a minority government.
o Deciding whom to appoint as Prime Minister when no clear majority exists.
The Vice President of India is the second-highest constitutional office in the country and
serves a dual role:

1. Ex-officio Chairman of the Rajya Sabha (Council of States)


2. Acting President when the President is unable to perform their duties

Here’s a breakdown of the powers and functions of the Vice President of India:

1. Executive Functions:

 The Vice President does not have any direct executive powers as the office is not part
of the Council of Ministers.
 However, the Vice President can act as the President when the President is unable
to discharge their functions due to absence, illness, or any other reason.
 During such periods, the Vice President enjoys all the powers of the President and
performs all presidential functions.

2. Legislative Functions (as Chairman of Rajya Sabha):

 The Vice President is the ex-officio Chairman of the Rajya Sabha (upper house of
Parliament).
 Presides over the meetings of the Rajya Sabha and maintains order and decorum in
the House.
 Decides on points of order and interprets the rules of procedure.
 Has the power to suspend or expel members for unruly behavior.
 Can cast a vote only in case of a tie (casting vote).
 Ensures the efficient functioning of the Rajya Sabha and supervises its proceedings.

3. Administrative Functions:

 The Vice President is responsible for the administration of the Rajya Sabha
Secretariat.
 Appoints members to the various parliamentary committees in the Rajya Sabha.

4. Judicial Functions:

 The Vice President does not have direct judicial powers.


 However, during the impeachment of the President, the Vice President, as Chairman
of the Rajya Sabha, presides over the joint session of both houses.
5. Acting as President:

 In the event of death, resignation, removal, or otherwise vacancy of the office of


the President, the Vice President acts as the President until a new President is
elected (within 6 months).
 During the period when the Vice President is acting as President, they do not
perform their duties as Chairman of the Rajya Sabha.

6. Ceremonial and Other Functions:

 Represents India at official functions and state ceremonies when the President is not
available.
 Acts as the symbol of national unity and maintains the dignity of the office.

Term and Removal:

 The Vice President’s term is 5 years, but they can continue to hold office until their
successor assumes charge.
 Can be removed from office by a resolution of the Rajya Sabha passed by a
majority and agreed to by the Lok Sabha.
 No formal impeachment procedure like that of the President.

Position and Significance:

 Although the Vice President has a limited role in the executive domain, they are
pivotal as the Chairman of the Rajya Sabha and as a substitute for the President
when necessary.
 The Vice President ensures the smooth conduct of legislative business in the Rajya
Sabha and serves as a bridge between the executive and the legislature.

Powers Of Prime Minister

The Prime Minister of India is the head of the government and holds the most powerful
political office in the country. The position and powers of the Prime Minister are defined by
the Constitution of India and the conventions of parliamentary democracy. Here’s a
breakdown of the powers and functions of the Prime Minister:

1. Executive Powers:

 Head of the Government: The Prime Minister leads the executive branch and
exercises executive powers vested by the President.
 Appointment of Ministers: Advises the President on the appointment of ministers.
The Prime Minister allocates portfolios among the ministers.
 Council of Ministers' Leader: Presides over meetings of the Council of Ministers
and coordinates their work.
 Policy Making: Guides and directs government policies and decisions.
 Implementation of Laws: Ensures that the laws passed by Parliament are
implemented effectively.

2. Legislative Powers:

 Leader of the House: The Prime Minister is the leader of the Lok Sabha (House of
the People) if a member of the Lok Sabha, or Rajya Sabha if a member of the Rajya
Sabha.
 Advising the President: Advises the President on summoning and proroguing
sessions of Parliament.
 Introducing Bills: Can introduce government bills and play a key role in legislative
proposals.
 Government Representative: Represents the government’s policies and answers
questions related to them in Parliament.

3. Administrative Powers:

 Cabinet Meetings: Chairs and guides cabinet meetings.


 Supervision of Ministries: Exercises control over ministries and departments.
 Appointments: Recommends appointments of key officials like the Attorney
General, Comptroller and Auditor General, and others.

4. Foreign Affairs and Defense:

 Foreign Policy Formulation: Plays a crucial role in shaping and implementing


foreign policy.
 National Defense: Oversees defense-related policies and coordinates with the
Defense Minister.

5. Financial Powers:

 Budget Presentation: The budget is presented in the name of the Prime Minister and
Finance Minister.
 Economic Policies: Guides the formulation of economic policies and programs.

6. Miscellaneous Powers:

 Crisis Management: Leads the nation during emergencies and significant national
challenges.
 Resignation and Dissolution: Can advise the President to dissolve the Lok Sabha.

7. Role as a Leader:

 National and International Representation: Represents the country at various


international forums.
 Public Influence: The Prime Minister, being the most prominent face of the
government, significantly influences public opinion.

Roles and Functions of the Council of Ministers

1. Executive Functions:

 Implementation of Policies: The Council of Ministers is responsible for formulating


and implementing government policies and programs.
 Administration: Manages and administers the affairs of the government through
various ministries and departments.
 Advising the President: The Council advises the President in the exercise of
executive powers.
 Supervision and Coordination: Ensures smooth coordination between different
ministries and departments.

2. Legislative Functions:

 Law Making: Plays a significant role in the formulation and enactment of laws.
 Introducing Bills: Most bills, especially financial and budget-related ones, are
introduced by ministers.
 Answering Questions: Ministers answer questions in Parliament related to their
ministries.
 Policy Statements: Make policy announcements on the floor of the House.

3. Financial Functions:

 Budget Presentation: Prepares and presents the Union Budget and other financial
statements.
 Resource Allocation: Decides on the allocation of resources among various sectors.
 Financial Bills: Initiates money bills and financial legislation.
 Fiscal Policies: Frames economic policies and financial regulations.

4. Administrative Functions:

 Decision Making: Takes decisions on matters related to administration and


governance.
 Appointments: Recommends key appointments, such as secretaries and heads of
various departments.
 Crisis Management: Coordinates responses during emergencies and crises.
5. Advisory Functions:

 Guidance to the President: Provides advice on matters where presidential discretion


is involved.
 Policy Recommendations: Advises the President on the appointment of key
constitutional positions.

6. Role in International Affairs:

 Foreign Policy: Formulates and executes foreign policy under the guidance of the
Prime Minister.
 Treaties and Agreements: Approves treaties and international agreements.

Categories of Ministers:

1. Cabinet Ministers: Senior-most ministers responsible for major ministries.


2. Ministers of State (Independent Charge): Handle specific portfolios independently.
3. Deputy Ministers: Assist Cabinet Ministers or Ministers of State.

Collective Responsibility:

 The Council of Ministers works on the principle of collective responsibility to the


Lok Sabha, meaning they stand and fall together.

Powers and Functions of the Governor

1. Executive Powers:

 Head of the State: The Governor is the ceremonial head of the state government.
 Appointment of Chief Minister: Appoints the Chief Minister and other ministers on
the advice of the Chief Minister.
 Administration of Oath: Administers the oath of office to the Chief Minister and
other ministers.
 Appointment of Key Officials: Appoints the Advocate General, Chairman, and
members of the State Public Service Commission.
 Control over Executive Actions: All executive actions of the state are taken in the
Governor’s name.

2. Legislative Powers:
 Summoning and Proroguing: Can summon or prorogue the state legislature and
dissolve the Legislative Assembly.
 Addressing the Legislature: Delivers the inaugural address at the beginning of the
first session after general elections.
 Assent to Bills: Gives assent to bills passed by the state legislature or reserves them
for the President's consideration.
 Ordinance Power: Can promulgate ordinances when the legislature is not in session.
 Nominating Members: Nominates members of the Anglo-Indian community to the
Legislative Assembly if required.

3. Financial Powers:

 State Budget: Ensures that the state budget is laid before the legislature.
 Money Bills: A money bill can only be introduced in the state legislature with the
Governor’s prior recommendation.
 Financial Oversight: Monitors state expenditure and financial administration.

4. Judicial Powers:

 Granting Pardons: Can grant pardons, reprieves, respites, or commute the sentences
of individuals convicted under state laws.
 Appointment of Judges: Plays a role in the appointment of district judges and other
judicial officers.

5. Discretionary Powers:

 Reservation of Bills: Can reserve certain bills passed by the legislature for the
consideration of the President.
 Appointment in Case of No Majority: If no political party secures a majority, the
Governor has the discretion to invite the leader most likely to command the majority.
 Seeking Information: Can seek information from the Chief Minister regarding the
state administration.
 Dismissal of Ministry: Can dismiss the ministry if it loses the majority in the
assembly.

6. Emergency Powers:

 State Emergency (President’s Rule): Can recommend President’s Rule if the


government fails to function as per constitutional provisions.
 Report to the President: Sends regular reports to the President regarding the state’s
affairs and governance.
hief Minister (CM):

The Chief Minister is the head of the state government and the leader of the Council of
Ministers.

1. Executive Powers:

 Head of State Government: The CM is the leader of the executive branch of the
state government.
 Appointment of Ministers: Advises the Governor on the appointment of ministers.
 Portfolio Allocation: Distributes portfolios among ministers and reshuffles them as
needed.
 Policy Implementation: Ensures the execution of government policies and programs.
 Supervision and Coordination: Guides and supervises the functioning of various
departments.

2. Legislative Powers:

 Leader of the House: Represents the ruling party in the legislative assembly.
 Introducing Bills: Takes the lead in presenting important bills, especially money
bills.
 Guiding Legislation: Directs and shapes the legislative agenda.
 Addressing the Assembly: Can advise the Governor to summon or prorogue
sessions.
 Government Representative: Speaks on behalf of the state government in the
legislature.

3. Administrative Powers:

 Cabinet Meetings: Chairs and conducts cabinet meetings.


 Decision-Making: Takes major administrative decisions.
 Supervision of Ministries: Monitors the functioning of individual ministries.

4. Financial Powers:

 Budget Presentation: Guides the preparation and presentation of the state budget.
 Financial Bills: Plays a crucial role in framing and passing money bills.
 Economic Policies: Frames and directs economic and financial policies.

5. Miscellaneous Powers:

 Crisis Management: Leads the government during emergencies and natural disasters.
 Communication with the Governor: Acts as a link between the Governor and the
Council of Ministers.

📝 Council of Ministers:

The Council of Ministers works collectively with the Chief Minister and is responsible for the
day-to-day administration of the state.

1. Executive Functions:

 Policy Implementation: Executes government policies as directed by the CM.


 Administration: Manages and coordinates the functioning of various departments.
 Advising the Governor: Provides advice on state administration and governance.

2. Legislative Functions:

 Law Making: Plays a crucial role in drafting and enacting state laws.
 Introducing Bills: Ministers introduce bills and ordinances in the legislature.
 Answering Questions: Ministers respond to questions and debates in the legislative
assembly.
 Policy Statements: Make statements regarding government policies on the floor of
the House.

3. Financial Functions:

 Budget Preparation: Collaborates in preparing the state budget.


 Financial Legislation: Initiates and discusses money bills and budget proposals.
 Revenue and Expenditure Management: Manages state finances and public
expenditure.

4. Administrative Functions:

 Cabinet Meetings: Participate in cabinet meetings chaired by the CM.


 Departmental Oversight: Oversee the functioning of their respective ministries.
 Decision Implementation: Ensure that the decisions taken in cabinet meetings are
executed effectively.

5. Collective Responsibility:
 The Council of Ministers works on the principle of collective responsibility to the
Legislative Assembly.
 If the Assembly passes a vote of no confidence, the entire Council, including the CM,
must resign.

Powers and Functions of the Supreme Court and High Courts in India

The Supreme Court and High Courts are the highest judicial authorities in India, playing
crucial roles in interpreting the Constitution, safeguarding fundamental rights, and delivering
justice. Here’s an overview of their powers and functions:

Supreme Court of India:

1. Original Jurisdiction:

 Deals with disputes between:


o The Government of India and one or more states.
o Two or more states.
o The Centre and states on matters involving constitutional questions.
 Issues writs for the enforcement of fundamental rights under Article 32 of the
Constitution.

2. Appellate Jurisdiction:

 Hears appeals against the judgments of:


o High Courts (civil, criminal, or constitutional matters).
o Tribunals and other judicial bodies.
 Can hear appeals in:
o Civil cases: When the High Court certifies that the case involves a substantial
question of law.
o Criminal cases: When a High Court reverses the judgment of acquittal or
when it gives the death penalty.
o Special Leave Petitions (Article 136): Allows appeals from any court or
tribunal.

3. Advisory Jurisdiction:

 The President of India can seek the Supreme Court's opinion on any question of law
or fact of public importance under Article 143.
 The Court’s opinion is advisory and not binding.
4. Constitutional Interpretation:

 Has the power to interpret the Constitution and can declare any law or executive
action unconstitutional if it violates the Constitution.

5. Judicial Review:

 Ensures that laws and executive actions do not violate the Constitution.
 Can strike down unconstitutional legislation.

6. Court of Record:

 Its judgments are recorded as evidence and have a binding precedent.


 Can punish for contempt of court.

7. Guardian of Fundamental Rights:

 Protects fundamental rights through writs like Habeas Corpus, Mandamus,


Prohibition, Quo Warranto, and Certiorari.

High Courts of India:

1. Original Jurisdiction:

 Has original jurisdiction in civil and criminal cases, especially in metropolitan cities
like Mumbai, Kolkata, Chennai, and Delhi.
 Can issue writs for the enforcement of fundamental rights under Article 226.

2. Appellate Jurisdiction:

 Hears appeals against judgments from:


o Subordinate courts (district and sessions courts).
o Tribunals within its territorial jurisdiction.

3. Supervisory Jurisdiction:
 Supervises and controls all subordinate courts within its jurisdiction under Article
227.
 Can issue directions, orders, and writs to ensure proper functioning.

4. Court of Record:

 Its judgments are binding on subordinate courts.


 Has the power to punish for contempt of court.

5. Judicial Review:

 Can declare state laws unconstitutional if they violate fundamental rights or


constitutional provisions.
 Acts as a guardian of the Constitution at the state level.

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