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DAILY
CLASS NOTES
Indian Polity

Lecture – 07
Distinctive Features of
Indian Federation (Part 03)
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Distinctive Features of Indian Federation (Part 03)

Residuary Powers
❖ Under Article 248 the residuary power lies with the Parliament and not with the state government so any
subject that does not belong to any list belongs to the residuary list.
❖ In Canada also the residuary powers belong to the Centre and India follows Canada in this regard.
Appointment of the Governor
❖ Under Article 155 the Governor of the State is appointed by the President but the President is not bound
to consult the State Government. The Governor holds the Office at the pleasure of the President, therefore,
the Governor’s function is under the control of the Centre. The Governor is not accountable to the State
Government in any manner.
❖ Presence of All India Services in the State: IAS, IPS and IFoS are called All-India Services because they
function under both the State Government and the Central Government. But they largely function under the
State Government and they don’t come under the disciplinary control of the State Government.
➢ They are recruited, trained and appointed by the Centre, thus by controlling them the Centre can
influence the administration of the State Government.
❖ NOTE: Under Article 312 if the Rajya Sabha passes a resolution authorizing the Parliament to create one or
more new All-India Services then Parliament by law may create one or more All-India Services.
❖ Under Article 360 the President may proclaim a financial emergency and suspend the distribution of
financial resources with the states.
Single and Unified Judiciary
❖ The Constitution does not provide for a separate state judiciary. It provides for a single and united judiciary
for both the centre and the State with the Supreme Court at the apex. The Supreme Court exercises the
administrative control of High Courts. Thus, the State judiciary has been brought under the control of the
central or federal judiciary.
❖ Under Article 324, a common Election Commission of India has been provided to hold the elections of
both Parliament and the State Legislatures.
❖ While the State Election Commission holds elections only for Panchayat and Municipalities.
Administrative Direction
❖ Under Article 256 and 257 the Centre can issue administrative directions to the State indicating the manner
in which Railway properties and the means of communication shall be maintained by the State. These
administrative directions are binding on the States.
❖ If they are violated under Article 365 then it can be assumed that the administrative machinery of the State
cannot be carried on according to the provisions of the Constitution and the Centre will be justified in
dismissing such State Government.
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Unequal Representation of the Rajya Sabha

❖ That the States are not represented in the Rajya Sabha on the principle of equality of State. They are
represented on the basis of population. Example: In the US all states are represented equally in the Senate
irrespective of their size and population. Each state sends two members to the Senate so that the interest of
States can be protected.

❖ The Indian Federation is described as “federation sui generis” which means a federation of its own kind.

Types of Majority:

1. Simple Majority:

❖ More than 50% of the members present and voting i.e., members who are present and vote in the house, e.g.,
Strength of Lok Sabha 545 total members, 500 present, 4854 members present and voting and 15 members
abstained from voting.

❖ So, a simple majority will be 50% of 485 members who are present and voting i.e., 243 members.

❖ Where is this majority needed?

➢ The passage of ordinary bills, money bills, and financial bills.

➢ The passage of confidence motion, no-confidence motion, and vote of thanks to the Presidential address.

➢ Election of Deputy Chairman of Rajya Sabha.

➢ Election of Chairman and Deputy Chairman of State Legislative Council.

➢ Election of Speaker and Deputy Speaker of Lok Sabha.

➢ The ratification of a constitutional amendment bill in the legislatures.

➢ The resolution passed by Lok Sabha under Article 352 for the discontinuance of national emergency.

➢ The resolution was passed in the Parliament for approving the President’s rule and financial emergency.

➢ The simple majority is also known as the “functional majority”. If the government gets the simple
majority, then it is a functional majority.

➢ If the nature of the majority is not mentioned in the Constitution, then it is presumed to be a simple
majority.

➢ The Constitution says the Council of Ministers is responsible to the Lok Sabha but the Constitution does
not say the nature of the majority whether absolute or simple majority as the functional majority.

2. Absolute Majority:

❖ It means the majority of more than 50% of the total strength of the house. Example: Suppose an election is
conducted on 543 seats of Lok Sabha then the absolute majority will be 272 members. This majority is of
great political significance.
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3. Effective Majority
❖ The total strength of the house excluding vacancies is called the effective strength of the house. The
effective majority means more than 50% of the effective strength of the house.
❖ For example, the total Strength of the Rajya Sabha is 245, and vacancies where 5 members died and 2
members resigned and 1 member was disqualified i.e., not considered eligible to vote. So, here effective
strength will be 245 – 8 = 237 and the effective majority will be 119.
❖ Where is this majority needed?
➢ Under Article 67 (b) the resolution seeking the removal of the Vice President be introduced in the Rajya
Sabha and that be passed by an effective majority of the house.
➢ The resolution seeking the removal of the Deputy Chairman of Rajya Sabha and the Chairman and
Deputy Chairman of the Legislative Council are removed by the effective majority.
➢ Removal of the Speaker and Deputy Speaker of Lok Sabha
➢ Removal of Speaker and Deputy Speaker of Legislative Assemblies.
Note: These are all elected through simple majority but removed through effective majority.
4. Special Majority
❖ The majority other than the simple, absolute, and effective is called a special majority.
❖ It is of three kinds:
1. Majority as under Article 249 i.e., the total strength of 245, 216 present and voting, so 144 or more
members out of 245 is needed. This majority is also needed under Article 312 i.e., not less than two-
third of members present and voting (2/3 X 216 = 144 (or) more.
2. Majority as under Article 312 Rajya Sabha resolution authorizing Parliament to one or more All India
Services.
3. Majority as under Article 368 i.e., an amendment to the Constitution.
❖ An amendment bill is passed in both Houses of Parliament sitting separately by a majority of not less than
2/3rd of the members present and voting and by a majority of the total strength of the house. Total strength is
absolute majority along with 2/3rd majority. (Lok Sabha – 545 members, 450 members present and voting
not less than 2/3rd of the members should support the passage of the bill i.e., 300 or more).
❖ Majority of the total strength of the House is more than 50% (545X50/100=273). So, 300 is more than 273.
❖ So, 273 is the minimum support the bill must get.
❖ Where is this majority needed?
➢ The passage of the Constitutional Amendment Bill in Parliament.
➢ The resolution passed in the Parliament seeking the approval of a national emergency by the President
under Article 352.
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➢ A resolution seeking the removal of a Judge of the Supreme Court or High Court by the Houses of
Parliament.
➢ A resolution seeking the removal of the Chief Election Commissioner and Comptroller and Auditor
General of India (CAG).
➢ Under Article 169, a resolution passed by the legislative assembly of the State recommending the
creation or abolition of the Upper House of State.
➢ Majority as under Article 61, the resolution seeking the impeachment of the President of India shall be
passed by both Houses of the Parliament by the majority of the 2/3rd of the total strength of the house i.e.,
2/3 X 545 = 364 or more.
This is the highest majority that is needed for the impeachment of the President of India.
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