Constitution of India, Professional Ethics & Cyber Law 18CPC39/49

7. ORGANS OF THE UNION & STATE

Introduction
• The 3 organs or main pillars of Indian constitution are
o Legislatures:- Union Legislature/Parliament and state legislature
o Executives:- Union Executes and state executives
o Judiciary:- Supreme Court and High Court
• Primary functions of 3 organs:
c The legislature makes laws, the executive enforces/implement the law and the judiciary
applies the law to the specific cases arising out of the breach of law .
7. UNION EXECUTIVE

• Union executive includes -President, PM, Ministers and Attorney general of India
7.1. PRESIDENT

• The president of India has similar constitutional authority as the British Monarch
• Art. 52- Part V there shall be a President for Union India
• He is integral Part of PARLIAMENT/UNION Legislatives
• Constitutional Head of the State/First Citizen of India
• Chief Executive of the STATE
• He is a nominal head of the state the real power vested with PM & Council of Ministers. President
represent the nation but does not rule the nation, therefore, the real executive are PM & Council of
Ministers
• PM & Council of Ministers carried out day today administration in the name of the PRESIDENT
• President is acting on the advice of the PM & Council of Ministers
• President of India is elected indirectly by the people
• his salary charged on the consolidated fund of INDIA
• Oath-by Chief Justice of INDIA/ in his absence senior most SC Judge

Election of President
• is the system used to elect the President of India is Proportional representation
• election of the office of the President is conducted by Election Commission
• President is elected indirectly by the people for 5 years
o by an electoral college consisting
• All elected MP's of Lok-sabha & Rajyasabha
• All elected MLA of the all states and Union territories of Delhi &
Pondicherry
o Nominated members of LS, RS and Assembly, and MLC are NOT participating in the president
election
o His nomination to election must be proposed and supported by 50 Parliamentarians
o eligible for re-election for any number of times
o Any dispute regarding the election of President and Vice President is decided by Supreme Court.
o President and Vice President are immune from criminal proceedings, process for the arrest or
imprisonment and he is not answerable to any court for the exercise and performance of his
duty in office

Qualification to Contest the President Election

o Must be citizen of India
o Must have attain/ completed the age of 35 years
o must have qualification that of a member of Lok-sabha
o should 1:ot hold an office of profit-national, state or local

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Vacant of President Office

o resignation in writing to Vice President
o after completion of tenure Outgoing President continue in the office till new president elected
o In case of resignation, death or removal of the President, vice president acts as president/ if No
Vice-President than Chief Justice of India/ If Chief Justice of India is also vacant than senior
most SC Judge discharge the duties of President.
o In case of vacant of office of President the same must be filled within 6 months.

IMPEACHMENT/ charge/ accusation of President

o Process of removing of President is cal4:d as impeachment procedure.
o The President of India can be removed from the office by initiating process called
IMPEACHMENT on the grounds of Violation of Constitution by both the houses of Parliament
o he may be
o Motion for impeachment can be initiated in either house of Parliament
o 14 days advance notice must endorsed by¼ of the members of the hou se .
o 2/3 members should present and vote in Parliament on majority, in favor of impeachment
o system of impeachment was borrowed from the constitution of USA

Power and Functions of President

o Legislative functions/Power:-
■ To summon and prorogue/to adjourn session
■ to dissolve Lok-sabha
■ power to address the Parliament-after the general election for Lok-sabha in the first
session-"Presidential Speech"
• assent the bills-bill passed in Parliament becomes an Act after President assent
• to withhold the bill called as "veto Power" only non-money bill
• Money bill- Budget cannot withhold
■ on re submission of withhold bill without the changes he cannot refuse to sign, he must
assent to it
■ call for joint session to pass the bill
■ power to nominate 2 Anglo Indians to Lok-sabha and 12 members to Rajya sabha
o Executive power
■ administrative head of Republic of India
■ All accounts and agreement carried out in the name of the President on behalf of the
Govt.
■ President empowered to appoint
PM and the Union Minister on the recommendation of the PM
Judges of HC & SC
Comptroller and Auditor General of India (CAG)
Chief Election Commissioner (CEC)
Attorney general of India-Highest law/legal officer of the country/ chief legal
adviser to Union Govt.
appoints & remove Chairman and members of :-
UPSC
NHRC-National Human Rights Commission
Backward commission
National Commission for Woman
o Financial power
■ Financial bill cannot be presented in the Parliament without the consent of the
President
■ the members of finance commission and Planning commission appointed by President
■ Custody of the contingency fund of India is with President

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o Judicial power
■ Pardoning power of the President of any person convicted of any offence in all cases
involving death sentence, All cases of Punishment by court martial, An offence against law
in union and concurrent list on the advice of Union Home Minister
may reduce sentence
cancel total punishment
■ Appoints SC and HC Judges
■ He can seek advice from Supreme Court in the matter of public interest in any matter
of law. But, such advice given by"sc in not binding on President.
■ 'Respite' means awarding lesser punishment

o Military power
■ Chief commander of the armed forces
■ Power to declare war and peace
■ chiefs of Army, Navy and Air force appointed by President

o Diplomatic power
■ Send and received ambassadors
■ represent country in international affairs
■ he does not sign any treaties or agreements or settlements

o Emergency power
■ May declare or call back emergency
National Emergency/ armed rebellion/ external war/ threat to the security Nation
Art.352
State emergency/ President Rule /failure of Constitutional Machinery in the state Art
356
Financial Emergency/ financial ability is at risk Art.360

o Ordinance Making power

■ During / when both the houses of Parliament are not in session
■ these ordinance must be laid before Parliament after session resumes
■ Maximum life of the Ordinance is 6 weeks after the reassembly of Parliament
■ if both houses approves it will becomes ACT
■ president can withdraw ordinance any time

• Vice President is elected ONLY by MP's of Lok-sabha and Rajyasabha

• Vice president is the ex officio chairman of Rajyasabha

7.2 PRIME MINISTER & COUNCIL OF MINISTERS

• Parliamentary system as per the model of British "Westminster" Model
• Similar to Britain, India has nominal Executive & real Executive. though powers vested with
President the Real Executive powers is vested with PM & Council of Ministers
• The office of the Prime Minister is created by the "CONSTITUTION"-Article 74
PRIME MINISTER
• Art.74 provide that there shall be a council of ministers headed by a Prime minister
• PM is the "Key stone" of Indian Constitution,
• PM is head of the Government and real executive
• PM is appointed by President
• Council of Ministers appointed by the President on the advice of the PM

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• President administer oath to the PM and other Ministers

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• Union Council of ministers Collectively responsible to LOK SABHA/Parliament

• Generally PM is from LOK Sabha
• A Member of Council of Union Ministers can be dismissed by President On recommendation of
the Prime Minister
• A person can be appointed as Prime Minister but he should become member of Lokasabha or
Rajyasabha within 6 Months. the non-member of LS or RS should become member of
Parliament within 6 months by election or by nomination
• A person can be a Prime Minister or Union Minister without being member of Parliament for
a maximum period of 6 months
• PM is generally a Leader of the Maj0rity Party in Lok-Sabha
• The number of Minsters in the Union Cabinet is fixed by the Parliament
• The number of Minsters in the Union Cabinet including PM is 15% of Lok-sabha members.
total No of Ministers including PM shall not exceed 15% of the Total strength of the Lok- Sabha-
introduced by 91 st amendment Act, 2003
• PM holds office As long as he enjoys the confidence of Parliament

Power and Function of Prime Minister

• formation of Ministry- President appoints Union ministers on recommendation of PM
• President Allocate portfolio on recommendation of PM
• he is chairman of the cabinet meeting and preside over the cabinet meeting
• Leader of Lok-sabha
all major decisions & announcement
• Leader of the Govt. PM is the chief spoke person of the union Government
to face criticism from opposition and from public
to defend policies of the Govt. in the house and also out side
• Co-ordination and supervision entire administration

• PM is acting as Bridge/medium of communication between President and

Parliament/ Ministry
• PM has Power to recommend to President to dissolve Lok-Sabha
• Power to recommend appointments CAG, CEC etc.
• In Indian Constitution there is NO provision for Deputy PM, but there may by Deputy PM.

7.3 ATTORNEY GENERAL OF INDIA (at present-KK Venugopal)

• Highest Law officer/ chief law officer of India
• appointed by President
• tenure not fixed, can be removed by president any time
• Solicitor general of India is second law officer, sub ordinate to AG
• AG has right to speak and participate in the both LS & RS
• No voting Right
• appear on behalf of Govt of India in SC

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8. UNION LEGISLATIVE
8. Parliament
• Under Part V-Art.79 to 122 speaks about the Parliament
• Parliamentary system in India is based on the Parliamentary system of UK
• Bicameral system-two houses- Lok Sabha and Rajya sabha
• word Legislate means "to make law" and Word 'Parliament' Means "to talk"
• No education qualification to become the member of Parliament
• Law made by the Parliament uniformly applicable to all states and cannot be declared as extra
territorial
• "Hung Parliamene' means A Parliament in which no Party has a clear majority
• Parliament includes 3 parts
■ President
■ Lok sabha/House of People/lower House
■ Rajya sabha/Council of states/upper House
• Sessions
■ First session in the year- Budget session ( Feb-May)
■ Second session in the year- Monsoon session (Jul- Sept)
■ Third session in the year-Winter session ( Nov-Dec)
■ The first session of the Parliament after the general election i.e., Budget session is Mandatory
provision
■ The first session in every year of the Parliament is commence with the address of President
■ The first Hour of the every sitting in both houses of the Parliament is devoted to ask question
to give answer by the concern Minister called Question hour
• The Zero Hour of the Parliament is The period immediately following the question hour
when the members raise their voice on various matters of public importance
8.1 PRESIDENT
• not a member of either house
• does not sit in Parliament
• But he is an integral Part of Parliament because a bill passed by the both houses become law only
after his assent to it.
• he also summon and prorogue parliament,
• dissolve parliament and address both the houses, issues ordinance
8.2 RAJYA SABHA/Council of states/upper House
• Rajyasabha is identified as the 'Knowledge house'
• Rajyasabha is a permanent House. cannot be dissolved any time
• Rajyasabha is preside by the Chairman who is a Not a member of Rajyasabha -Vice president of
India
• Composition
• Maximum strength of RS is 250
■ 238 elected from the all states and union territories in India and
■ 12 are nominated by the President
• Representatives of states
■ elected by the MLA's
• seats allotted to the each states on the basis of Population of that state
■ hence number of representatives to RS varies from one state to another
■ E.g. In UP has 31 seats while Tripura has only one seats
■ Union territories - only Delhi and Pondicherry have representative in RS
• Nominated Members
■ the person who have special knowledge or practical experience Knowledge in arts science,
literature, sports

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• Duration:
■ 6 year
■ Every 2 year 1/3 of RS members will retire
■ Permanent House not subject to dissolution
■ eligible for re-election
• RS is presided over by Non -member i.e. Vice-President
• Chairman of RS- 5 years-Vice President -Ex officio-not appointed or elected.
• Vice President (Non -member of RS) has right to preside over the RS
8.3 LOK-SABHA/House of People/lower House
• Lokasabha is superior to Rajya sabha beca"u'se its members directly elected by the peoples, It can
remove the council of minister through a vote of no-confidence and It alone controls the purse.
• The first General election were held in India in 1951-52
• Lokasabha is identified as the 'democratic chamber'
• Money bill/Budget should be initiated only in Lok sabha
• A bill is money bill or not decided by the President
• Composition
■ Maximum strength 550+2
■ 530 from States
■ 20 from Union Territories
■ 2 Anglo-Indians nominated
• present strength of Lok-sabha is 543+2 (530 from states +13 from UT +2)
• allocation seats to states and UT is on the basis of POPULATION
• Qualification:
■ Citizen of India
■ not less than 25 years
■ not holding any office of profit at national, state or local
■ unsound mind and insolvent
• Duration:
■ 5 year and Can contest from two or more constituencies
■ Permanent House not subject to dissolution but he must retain only one
■ eligible for re-election
■ The term of LS can be extended beyond its normal term of 5 years by President during only
National Emergency
• Speaker-
■ He is Presiding officer of Lok sabha & Custodian of the Parliament
■ Elected by and among the member of Lok-sabha
■ after elected as speaker he should resign to party membership Cuts-off his connections
with his party
■ Tenure of speaker for 5 year term
■ he the custodian of Lok-sabha and conduct the proceeding impartially
■ Speaker presides over the joint session of Parliament
■ speaker of the LS uses his power of casting of vote only in case of tie (when votes equal in
parliament)
■ House of People (LS) can be adjourned sine-die by the Speaker
• Speaker is consider as the custodian of the Parliament and particularly LOKSABHA
■ Speaker may resign in writing to Deputy-Speaker
■ Speaker decides/ certify that a bill is Money bill and his decision is final

8.4 Vacating of RS & LS Seats/Members

■ Double membership
o cannot be both LS or RS Member
o cannot be a member of ASSEMBLY & Parliament
• Disqualification
o if he holds any office of profit
o found guilty of election offences

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o if he convicted of an offence which results 2 years imprisonment

o if he fails to give his election expenditure
o if he votes or abstain from voting in contrary/ opposing to the direction given by his
party WHIP
o if any nominated Member joins a Political Party
o the Question of Disqualification is decided by:
RS member -Chairman
LS Member-Speaker
Subject to Judicial Review
■ Resign in writing "
o RS member -Chairman
o LS Member-Speaker
■ Absence
o If any member absence from all its meeting for a period of 60 days without permission
he can be disqualified or the seat of the member of Parliament my declare vacant

8.5 Immunities to RS & LS Members

■ freedom of speech
■ cannot be arrested in case of civil cases 40 days before and after a sitting in parliament
■ immunity not applicable to criminal cases
■ The Speech made by the MP on the floor of the house Cannot be questioned in any court
8.6 Quorum RS & LS to Conduct house
■ 1/ 10 (10%) members should present
■ in RS-25 i.e. 10 % of 250
■ In LS-55 i.e., 10%of 545
8. 7 Sine-die-adjournment of session of the Parliament to indefinite time, House of People (LS) can be
adjourned sine-die by the Speaker
8.8 Zero hour-starts immediately after question hour and lasts until the agenda (regular business of house)
for the day is taken up
8.9 BUDGET: ANNUAL FINANCIAL STATEMENT: the term 'Budget" not explicitly stated in Constitution,
■ It is "annual financial statement prepared by the Economic affairs Department. It can be
introduced by the Finance Minister only in Loksabha with prior permission of the President.

8.4 Power and functions of Parliament

• Legislative powers
■ Making laws for the good governance of the country
■ Union list- Defence, railway, Foreign affai rs , Post & Telegraph
■ State List-Police, forest, agriculture, Hospitals, irrigation, Labour welfare
■ Concurrent list-education, Power, Marriage, Press, religion
• Executive Power
■ Parliament exercises control over the Executives
■ executives are responsible to the Parliament
■ the Ministers are collectively responsible to the Parliament in general and to Lok-sabha in
particular
• Financial Power
■ the Budget has to be placed before parliament for its approval
■ no tax can be levied or collected without the approval of Parliament
■ all the expenses should be incurred with the permission of the Parliament
• Constituent power
■ Parliament can amend the provisions of Constitution
• electoral functions

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■ it elects President, vice president, Lok-sabha elects Speaker

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