LA MARTINIERE GIRLS’ COLLEGE

CLASS VIII

ASSIGNMENT

CIVICS

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Topic – Three Main Organs of the Indian Government- Legislature, Executive,
Judiciary.

The Union Legislature

Our Constitution has adopted the Parliamentary form of government. The term ‘parliamentary’
refers to the kind of democratic set-up, wherein the
supreme power lies with the people’s representative body
called Parliament.
The Parliament of India together with the President and
the two Houses forms the Union Legislature. The Lower
House is called the House of the People or the Lok
Sabha while the Upper House is known as the Council
of States or the Rajya Sabha.

The Union Parliament

The President is an integral part of the Parliament though he does not sit in the Parliament. Without
his assent, no Bill passed by the Parliament can become a law.

LOK SABHA
The Lok Sabha is called the ‘House of the People’ because the people of our country elect its
members directly. All citizens of India, who are 18 years of age and above, can vote irrespective of
race, gender, property and the like. This is called the Universal Adult Franchise. The 61st
Constitutional Amendment Act (1988) reduced the voting age from 21 to 18 years.
Composition
• According to the Constitution, the Lok Sabha cannot have more than 552 members.
• There will not be more than 530 members representing the States, 20 members representing
the Union Territories and not more than 2 members from the Anglo-Indian community,
nominated by the President if she or he feels that they have not been adequately represented
in the Lok Sabha.
• At present, the Lok Sabha consists of 545 members, including the 2 nominated Anglo- Indian
members.
• For the purpose of holding elections of the Lok Sabha, the territory of India is divided into
Parliamentary Constituencies.
• The seats allotted to the States and Union Territories in the Lok Sabha are based on their
respective population.

Term
• The members are elected for a term of 5 years. Nevertheless, the President can dissolve the
Lok Sabha before its term is over if the party in power loses its majority.

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 GOVERNMENT OF THE UNION

President

Council of Ministers Parliament

(Executive) (Legislature)

Lok Sabha
Rajya Sabha
(House of the People)
(Council of States)

Not more than 250 members Not more than 552 members

Not more than 238 12 nominated Not more than 530 Not more
representatives of by the representatives of States than 20
States President (plus not more than 2 representatives
and Union nominated Anglo- of Union
Territories
Indians) Territories

Session of Parliament
• The period during which the House meets to conduct its business is called a session.

Quorum
A quorum is the minimum number of members required to be present before a session can begin.
The required number of members to be present in the Lok Sabha, for a session to be held is one-tenth
of the total membership including the Speaker. Thus, at least 55 members need to be present for a
session to commence.
Qualification for Membership
In order to become a member of the Lok Sabha, a candidate must be:
• An Indian citizen.
• Not less than 25 years of age.
• Hold additional qualifications as may be prescribed by the Parliament by law from time to
time.

SPEAKER OF THE LOK SABHA

• According to the Constitution, each House of Parliament has its own Presiding Officer. The
Speaker is the Presiding Officer of the Lok Sabha.
• One of the first duties of a newly constituted House is to elect the
Speaker.
• The Lok Sabha, soon after its first meeting, elects by a simple
majority of members present and voting, 2 members of the House
to be the Speaker and the Deputy Speaker respectively.
• The Deputy Speaker presides over the proceedings in the absence
of the Speaker.
Om Birla, Speaker of the
• The Speaker enjoys the respect of the entire House. 17th Lok Sabha
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 • Om Birla is the present speaker of the Lok Sabha.

Term
The Speaker holds office from the date of his election till immediately before the first meeting of
the newly-formed Lok Sabha after the next elections. He is eligible for re-election.

POWERS AND FUNCTIONS OF THE SPEAKER

The Speaker has to perform certain administrative, judicial and regulatory functions.
• The Speaker presides over the meetings of the House. All speeches are addressed to him.
He decides on the members who will be allowed to have the floor, i.e., speak in the Lok
Sabha. He also decides when a member should speak and for how long should he speak.
• He decides upon the questions to be admitted and resolutions to be passed. He can also
disallow questions or motions.
• The Speaker decides whether amendments to a Bill should be made or not.
• The Speaker decides whether a particular Bill is a Money Bill or an ordinary one. His
decision is final in that regard.
• No bill can be sent to the other House or to the President for consideration unless the
Speaker signs it.
• The Speaker presides over the joint sitting of both the Houses called in the event of any
disagreement between the two Houses.
• The Speaker also maintains order and decorum in the House. He can ask any member
disturbing the proceedings of the House to leave.
• He permits the entry of outsiders and the Press to the House.
• The position of the Speaker is one of authority, honour and dignity.

RAJYA SABHA
The Rajya Sabha (Council of States) is referred to as the Upper House of Parliament. It represents
the 28 Indian States and the 8 Union Territories.
Composition
• According to the Constitution, the Rajya Sabha shall be composed of not more than 250
members of whom 238 shall be the representatives of the States and the Union Territories.
• The remaining 12 shall be nominated by the President.
• The present strength of the Rajya Sabha is 245 members, out of which 233 represent the States
and the Union Territories and 12 are nominated.
• The number of seats for each State and Union Territory is fixed according to the population.

Election
• The representatives of each state shall be elected by the elected members of the Legislative
Assembly of that State in accordance with the system of proportional representation by
means of single transferable vote.

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 • The representatives of the Union Territories shall be indirectly elected by members of an
electoral college for that territory as Parliament by law prescribes in accordance with the
system of proportional representation by means of the single transferable vote.
• The electoral college comprises members of the Municipal Corporations, District
Boards, etc.

Term
The Rajya Sabha is not subject to dissolution. It is a permanent body, but one-third of its members
retire after every second year.
Qualifications
A candidate for election to the Rajya Sabha must be:
• A citizen of India and not less than 30 years of age.
• Holding additional qualifications as may be prescribed by the Parliament by law from time
to time.

Presiding Officer
• The Vice President is the ex-officio Chairman of the Rajya Sabha.
• He is elected by the members of an electoral college consisting of members of both Houses
of Parliament.
• The Rajya Sabha also elects one of its members to be the Deputy Chairman.
• When the Vice President assumes the role of the President of India, the Deputy Chairman
performs the functions of the Chairman of the Rajya Sabha)

POWERS OF THE UNION PARLIAMENT

The Parliament, being the legislative organ of the Union, enjoys extensive powers.
Legislative Powers
The Parliament is competent to make laws on the following.
• List 1, which is the Union List comprises 97 subjects. The Union has exclusive powers over
subjects. The Union has exclusive powers over subjects mentioned in this list like defence,
external affairs, banking, taxes, etc.
• List 3 is the Concurrent List comprising 47 items. The Union and state legislatures have
equal powers but in case of a conflict of interest, the Union law prevails.
• Apart from the above lists, there is the State List comprising 66 items. The subjects include
public order, police, prisons, local government, public health and sanitation, agriculture,
communications, etc.

Residuary Powers
The Constitution vests Residuary Powers i.e., the power to legislate with respect to any matter not
stated in any one of the lists, in the Union Legislature.

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 • The declaration of Emergency by the President has to be approved by the Parliament within
a month from the date of its issue, failing which all such proclamations lapse and the
Emergency becomes ineffective.
• All ordinances issued by the President must be laid before the Parliament as soon as it meets.
These ordinances have to be approved by Parliament within 6 weeks of its re-assembly, failing
which they become ineffective.
• Last but not the least, the Parliament has the sole power to amend the Constitution.

Control over the Executive

According to the Constitution, the Council of Ministers is collectively responsible to the Parliament.
Question Hour and Interpellation
• The Members of Parliament enjoy the right to ask questions with regard to the policies and
programmes of the government.
• Each day during a parliamentary session, the first hour is allotted to asking and answering
questions.
• This hour is the Question Hour and the right to ask questions is called Interpellation.
• The questions could either be in written or in oral form.

Adjournment Motion
• It must be remembered that the agenda for the day’s work is already fixed by the Houses of
the Parliament.
• But an unexpected event of grave national importance like a serious train accident, a plane
crash, or a natural calamity like the tsunami, is taken up for immediate discussion, putting
aside or adjourning the work already planned.
• Thus, an adjournment motion is passed to discuss emergency situations.

No-confidence Motion
• A no-confidence motion is usually moved by a member or the Leader of the Opposition
expressing total lack of confidence in the government.
• The government policies are debated before the motion is placed for vote.

Censure Motion
• A Member of Parliament can move a motion against an individual minister censuring or
criticizing the action or a policy undertaken by his ministry.

Cut Motion
• A cut motion is moved when the Budget is taken up for consideration.
• A member of Parliament may propose that the government expenditure be reduced by a single
rupee.

Financial Powers
• The Parliament is the sole custodian of the Union finances.

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 • It must however be remembered that in all such financial matters the real power lies in the
hands of the Lok Sabha.

The Budget
• The Finance Minister presents the Annual or the Union Budget before the Parliament.
• The Railway Budget is presented separately by the Minister of Railway usually before the
General Budget.

Judicial Powers
The Parliament is vested with certain judicial powers by the Constitution.
• It has the exclusive right to impeach the President for violation of his duties as laid down in
the Constitution.
• The Parliament has the right to remove the judges of the Supreme Court, the State High
Courts, the Election Commissioners and the Comptroller and Auditor – General of India for
violating the Constitution.
• The Parliament has the authority to punish a person if he is found guilty of defamation and
contempt of either House of Parliament.

EXECUTIVE
THE PRESIDENT
The President of India is a constitutional head who occupies the same position as the King under the
British Constitution except for the fact that the British monarch is a hereditary ruler while the Indian
President is an elected head of the State.
Qualifications
Article 58 of the Constitution states that in order to be elected as President, a person must be:
• A citizen of India.
• 35 years of age.
• Qualified for election as a member of the Lok Sabha.
• Not holding any office of profit under the Government of India or the government of any
state or under any local or other authority subject to the control of any of the said
governments.

Produce for Election

The President of India is elected indirectly, i.e. by an electoral college, in accordance with the system
of proportional representation by means of the single transferable vote.
The Electoral College shall comprise:
• Elected members of both the Houses of the Parliament (MPs).
• Elected members of the Legislative Assemblies (MLAs) of states.

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 • Elected members of the Legislative Assemblies of the Union Territories of Delhi and
Pondicherry

Term
The President holds office for a period of 5 years from the date on which he enters the office. He is
also eligible for re-election.
• By resignation in writing addressed to the Vice President of India.
• By removal for violation of the Constitution, through the process of impeachment.

Procedure for Impeachment

The President can be impeached, i.e. removed from office only on account of grave misconduct like
violating the Constitution. Article 61 of the constitution details the process of impeachment.

POWERS AND FUNCTIONS OF THE PRESIDENT

Legislative Powers
The Union Legislature comprises the President and the two Houses of the Parliament. Therefore, the
President is an integral part of the Union Legislature.
• The President has the right to summon and prorogue Parliament and dissolve the Lok Sabha
in consultation with the Prime Minister if the need so arises.
• The President enjoys the right to
address the Parliament and to send
message to it whenever required.
• The President nominates 12 MPs to
the Rajya Sabha from among
persons who have contributed
towards the growth of art, science,
literature, social service, etc.
• He may also nominate 2 members
from the Anglo-Indian community
if they are not adequately Pranab Mukherjee, the 13th President of India receiving salute from the
President’s Body Guard at Parliament House
represented in the House.
• All Bills passed by the Parliament require the President’s assent to become a law.
• The most important legislative power of the President is the power to issue ordinances.

Executive Powers
The President is at the head of the Union Executive.
• The President is the administrative head of the country. The administration of the country
runs in his name. All orders are issued in his name alone.
• The President appoints the Prime Minister and on his advice appoints the other ministers. He
administers the oath of office to them and distributes the portfolios.

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 • The President appoints the Attorney-General and the Comptroller and Auditor-General of
India. All judges of the Supreme Court and the High Courts, the Governors, Ambassadors
and other diplomats are appointed by him.
• It shall be the duty of the Prime Minister to communicate to the President all decisions of the
Council of Ministers relating to the administration of the affairs of the Union and proposals
for legislation.

Judicial Powers
• The President appoints the judges of the Supreme Court and the High Courts in consultation
with the Chief Justice of India.
• Article 72 of the Constitution gives the President the sole right to grant pardon, reprieve or
remission. He can suspend , remit or commute the sentence of any person convicted by court
martial and in all cases where the sentence is one of death.
• The President can consult the Supreme Court on any question of law and the Supreme Court
is bound to submit its opinion on the same.

Financial Powers
As the Executive Head of the State, certain financial powers have been conferred on the President.
• No Money Bill can be introduced in Parliament unless recommended by the President.
• A Money Bill or a Budget cannot be introduced in the Lok Sabha without the prior approval
of the President.
• The President appoints the Finance Commission every five years.

Military Powers
• The President is the Supreme Commander of the Armed Forces in the Country.
• He appoints the Chiefs of the Army, Navy and the Air Force. In his capacity as the
commander of the Armed Force.
• He has the power to declare war or conclude peace.

Diplomatic Powers
As the head of the executive, the President has the power of appointing Ambassadors, High
Commissioners and other diplomatic envoys to foreign countries.
Emergency Powers
According to our Constitution, the President is vested with powers relating to three kinds of
emergencies:
• General or National Emergency (Article 352) caused by war, external aggression or armed
rebellion.
• Emergency on account of the failure of Constitutional machinery in a state (Article 356)
• Financial Emergency (Article 360) caused on account of a threat to financial stability of
India.

THE VICE PRESIDENT

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Qualifications
• In order to be qualified to be elected as the Vice President, a person must be:
• A citizen of India.
• Over 35 years of age.
• Not holding any office of profit under the government except that of the President, Vice
President, Governor or a minister of the Union or state.
• Qualified to be a member of the Rajya Sabha.

Election
• The election of the Vice President, like that of the President, is indirect and in accordance
with the system of proportional representation by means of the single transferable vote.

Term and removal

The term of offices of the Vice President is 5 years. His office may be terminated earlier than the
fixed term either by r resignation or by removal.
Functions
• The Vice President is the highest dignitary of India, after the President.
• The most important function is to act as the ex-officio Chairman of the Rajya Sabha.
• In case both the offices of the President and the Vice President fall vacant, the Chief Justice
of India or in his absence the senior most judge of the Supreme Court shall discharge the
duties until a new President is elected.

QUESTIONS AND ANSWERS

I. Answer the following questions:
1. Describe the composition of the Lok Sabha.
Ans1. The composition of the Lok Sabha is:
• According to the Constitution, the Lok Sabha cannot have more than 552 members.
• There will not be more than 530 members representing the States, 20 members representing
the Union Territories and not more than 2 members from the Anglo-Indian community,
nominated by the President if she or he feels that they have not been adequately represented
in the Lok Sabha.
• At present, the Lok Sabha consists of 545 members, including the 2 nominated Anglo- Indian
members.
• For the purpose of holding elections of the Lok Sabha, the territory of India is divided into
Parliamentary Constituencies.
• The seats allotted to the States and Union Territories in the Lok Sabha are based on their
respective population.

2. Mention the powers of the Speaker.

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 Ans2. The Speaker has to perform certain administrative, judicial and regulatory functions.

• The Speaker presides over the meetings of the House. All speeches are addressed to him.
He decides on the members who will be allowed to have the floor, i.e., speak in the Lok
Sabha. He also decides when a member should speak and for how long should he speak.
• He decides upon the questions to be admitted and resolutions to be passed. He can also
disallow questions or motions.
• The Speaker decides whether amendments to a Bill should be made or not.
• The Speaker decides whether a particular Bill is a Money Bill or an ordinary one. His
decision is final in that regard.
• No bill can be sent to the other House or to the President for consideration unless the
Speaker signs it.
• The Speaker presides over the joint sitting of both the Houses called in the event of any
disagreement between the two Houses.
• The Speaker also maintains order and decorum in the House. He can ask any member
disturbing the proceedings of the House to leave.
• He permits the entry of outsiders and the Press to the House.
• The position of the Speaker is one of authority, honour and dignity.

3. Explain the election procedure of the Rajya Sabha.

Ans3. The election procedure of the Rajya Sabha is:

• The representatives of each state shall be elected by the elected members of the Legislative
Assembly of that State in accordance with the system of proportional representation by
means of single transferable vote.
• The representatives of the Union Territories shall be indirectly elected by members of an
electoral college for that territory as Parliament by law prescribes in accordance with the
system of proportional representation by means of the single transferable vote.
• The electoral college comprises members of the Municipal Corporations, District
Boards, etc.

4. Explain the Adjournment motion.

Ans4. Adjournment motion

• It must be remembered that the agenda for the day’s work is already fixed by the Houses of
the Parliament.
• But an unexpected event of grave national importance like a serious train accident, a plane
crash, or a natural calamity like the tsunami, is taken up for immediate discussion, putting
aside or adjourning the work already planned.
• Thus, an adjournment motion is passed to discuss emergency situations.

5. State the qualifications required to be the President of India.

Ans5. Article 58 of the Constitution states that in order to be elected as President, a person must be:
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 • A citizen of India.
• 35 years of age.
• Qualified for election as a member of the Lok Sabha.
• Not holding any office of profit under the Government of India or the government of any
state or under any local or other authority subject to the control of any of the said
governments.

6. Mention the Legislative powers of the President of India.

Ans6. The Legislative Powers of the President of India are:

• The President has the right to summon and prorogue Parliament and dissolve the Lok Sabha
in consultation with the Prime Minister if the need so arises.
• The President enjoys the right to address the Parliament and to send message to it whenever
required.
• The President nominates 12 MPs to the Rajya Sabha from among persons who have
contributed towards the growth of art, science, literature, social service, etc.
• He may also nominate 2 members from the Anglo-Indian community if they are not
adequately represented in the House.
• All Bills passed by the Parliament require the President’s assent to become a law.
• The most important legislative power of the President is the power to issue ordinances.

7. State the emergency powers of the President of India.

Ans7. According to our Constitution, the President is vested with powers relating to three kinds of
emergencies:
• General or National Emergency (Article 352) caused by war, external aggression or armed
rebellion.
• Emergency on account of the failure of Constitutional machinery in a state (Article 356)
• Financial Emergency (Article 360) caused on account of a threat to financial stability of
India.

Instructions –

1. Write all the questions and answers very neatly in your History classwork exercise book.
2. Leave a line after each answer before you begin a new question.
3. All answers to be written in points (as given in the sheet).

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