The Union Parliament

• The Union Parliament consists of the President and two

houses—The House of People commonly known as the
Lok Sabha and the Council of States known as the Rajya
Sabha.
• The Parliament is a body of people’s representatives who
have the supreme power and authority of governance in
a democratic country.

Federal Government

India has a federal form of Government which means that the

powers are divided between the central and state
governments and both are supreme within their respective
spheres. Both central and state governments draw their
authority from the Constitution of the country.

Importance of the Federal Form of Government

• Although India has the federal form of Government, it is

not possible for the states to break away from the Indian
Union. This ensures and maintains the unity and the
integrity of the country.
• Because people belonging to various religions, cultures

and linguistic affiliations reside in the country, the

federal setup allows them to maintain their cultural and
linguistic affiliations.
• Both union and state governments draw their power and

the authority from the Constitution. There is division of

administrative and legislative powers between them and
none can violate any terms of the Constitution.
• The states also participate in the functioning of the

government. The Upper House (Rajya Sabha) mainly

consists of the representatives of the states.
 • The Constitution has provided the central and state
governments with adequate financial resources to carry
out their duties towards the people.
• The Constitution of the country does not give equal
representation to the states in the Rajya Sabha. States get
representation based on the population of their states.
• There exist administrative units known as the Union
Territories which are directly administered by the central
government. This has further increased the power of the
central government.

NON-FEDERAL OR UNITARY FEATURES

1. A strong centre
2. A single constitution for Union and States
3. Flexibility of the Constitution
4. Single Citizenship
5. Inequality of Representation in the Rajya Sabha
6. Existence of Union Territories

Lok Sabha
The Lok Sabha is known as the House of People as its
members are directly elected by the people of India.

• The members of the Lok Sabha are elected for a period of

five years. However, it can be dissolved before
completing its term by the President on the advice of the
Prime Minister and his cabinet.
• The term of the Lok Sabha can be extended for a year
during an emergency.

Composition

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

 • According to the Constitution, not more than 530
members can represent the states and not more than 20
members can represent the union territories.
• The president may appoint two members of the Anglo
Indian community.
• Seats in the Lok Sabha are allotted to the states on the
basis of their population. For example, Uttar Pradesh
being the most populous state in India sends 80
members to the Lok Sabha, while Sikkim and Goa sends
one and two members, respectively.

Qualification

• He should be a citizen of India and should not be less

than 25 years of age.
• His name should be in the electoral rolls in some parts of
the country.
• He should not be under debt and should be able to meet
his/her financial requirements.
• He should not hold any office of profit under the
government.
• He should not be a proclaimed criminal and should be of
sound mind.

Disqualification of Membership

A Member of Parliament can be disqualified under the

following circumstances:

• If he holds any office of profit under the central or state

government.
• If any court declares him to be of unsound mind.
• If he is an insolvent or has not been able to pay his
debts.
 • If it is found that he is not a citizen of India or has
willingly acquired citizenship of any foreign state.
• If he is disqualified by law made by the Parliament.

Vacation of Seats

Seats of either the Lok Sabha or Rajya Sabha become vacant

under the following circumstances:

• If a member of the Parliament resigns from his seat.

• If a member remains absent from the House continuously
for a period of 60 days.
• If a member of the Parliament is elected to the State
Legislature, he has to give up his seat in the Parliament
and vice versa.

Procedures in the Parliament

There are certain procedures and sessions in the Parliament.
These are:
Sessions
• The President summons each House of the Parliament.
Each House has to meet for at least twice a year and the
difference between two consecutive sessions should not
be less than six months.
• Generally, there are three sessions—the Budget Session,
the Monsoon Session and the Winter Session.

Quorum
• No bills can be passed if the required number of

members of the Lok Sabha and Rajya Sabha are not

present in the House. This is known as quorum. The
speaker may adjourn the House until the requisite
quorum or the required members are present.
Question Hour
• Question Hour is a time in the Parliament when a

member of a House asks questions from the government

on the matters of public interests. This right of the
members to ask questions from the government is
known as interpellation.
• The first hour of every working day in the Parliament is

reserved for Question Hour.

• There are three types of questions which can be asked in

the Parliament. These are

1. Starred Questions are those to which the members of
the House want oral answers in the Parliament.

2. Unstarred Questions are those to which answers have

to be given in a written form.

3. Short Notice Questions are asked with a notice shorter

than of ten days. It is up to a member to accept or to
reject short notice questions.

ZERO HOUR
The Zero Hour refers to the period which begins at 12 o'clock
soon after the Question Hour and continues till the lunch
break which begins at one o'clock.
During the Zero Hour/members raise all types of questions
without any permission or prior notice.

Types of Motions
A motion is a proposal made by a member of the House to
take some important matter related to public importance for
discussions.
Types of motions are:
Adjournment Motion
The adjournment motion is an extraordinary procedure
which leads to discussing the matters of urgent public
opinion leaving aside the normal businesses of the House.
Such motions are generally allowed on subjects such as a
large-scale dacoity, occurrence of a disastrous natural
calamity, communal tension etc.

No-Confidence Motion
A No-Confidence Motion is a proposal which expresses lack
of confidence in a Ministry. The Prime Minister and his
Council of Ministers are collectively responsible to the
Parliament.
If a motion of No-Confidence is moved by the opposition with
the required support of at least 50 members, it is first
discussed and then put to vote. If the No-Confidence Motion
is passed in the Lok Sabha, the government has to resign.

Adjournment and the Prorogation of the House

Adjournment of the House means Suspension of the sitting
of the House by the Speaker.
The House can also be adjourned if a sitting or an ex member
of the House dies, there is too much disorder in the House or
when there is no quorum in the House.

Speaker of the Lok Sabha

The speaker of the Lok Sabha is the presiding officer of the
House. He/she is elected from among the members of the
Parliament after the general elections. After his/her
elections, the speaker has to act impartially. The Speaker is
elected for a term of five years. A Deputy Speaker looks after
the proceedings of the House if the Speaker is absent or
his/her seat falls vacant.
Functions of the Speaker (related to conducting business of
the House)
The Speaker presides over the business of the House and
allots time for discussions. His decision in all parliamentary
matters is final.
• All bills passed by the Lok Sabha have to be signed by
the Speaker.
• He puts issues to vote and announces the results.
• The Speaker decides if a bill is an ordinary bill or a
money bill.

Administrative Functions
• The Speaker receives all petitions and documents in the

House.
• He communicates all decisions which are taken in the

House to the concerned authority.

Disciplinary Functions
• The speaker maintains order in the House. He can

suspend a member or in the case of serious disorder may

adjourn the House.
• If indecent words are used by the members, the Speaker

may order not to use such words in the future.

• The Speaker decides in accordance with the Constitution

if a member stand disqualified under the Anti-Defection

Law. His decision is considered final.

Parliamentary Committees
• The Speaker presides over some Committees of the

House such as the Business Advisory Committee and the

Rules Committee.
• He appoints the Chairmen of all committees in the House

and issues directions to them.

Miscellaneous Functions
• The Speaker presides over the joint sessions of both

Houses.
• He presides over the Conference of Presiding Officers of

Legislative Bodies in India.

Rajya Sabha
The Rajya Sabha is a permanent House as it cannot be
dissolved. Members of the Rajya Sabha are elected for a
period of six years and one-third of the total members retire
after every six years.

Composition
The Rajya Sabha consists of 250 members. Of these, 12
members are nominated by the President. These are
individuals who have contributed immensely to the fields of
education, sports, art, sciences, social service etc. The
remaining 238 members of the Rajya Sabha are elected by
the members of State Legislative Assemblies. Seats are
allocated to the states on the basis of their population. While
Uttar Pradesh sends 31 members, Mizoram sends only one
member.

Qualification
• He should be a citizen of India and should not be less
than 30 years of age.
• His name should be in the electoral rolls in some parts of
the country.
• He should not be under debt and should be able to meet
his/her financial requirements.
• He should not hold any office of profit under the
government.
 • He should not be a proclaimed criminal and should be of
sound mind.

Powers and Functions of the Lok Sabha and the Rajya Sabha
Legislative Powers

• The Lok Sabha and the Rajya Sabha make laws on the
Union List on important subjects such as foreign policy
and defence.
• Both Houses also make laws on the Concurrent List. In
case of conflicts with the state governments, the laws
made by the Union Government are accepted.
• The Houses can make laws on the matters which are not
included in any of the three lists. This power is known as
residuary powers.
• The Parliament can make laws on the subjects included
in the State List during an emergency, when the Rajya
Sabha passes a resolution stating that the subject in the
State List is of national importance and when two or
more states in the Rajya Sabha want laws on the subject
in the State List should be made by the Parliament.
• The President can pass Ordinances at the time when the
Parliament is not in session. However, the Ordinances
cease to exist after six weeks.
• When there is a breakdown of Constitutional machinery
in the state, an emergency can be declared by the
Parliament in that state. The Parliament acts as the
legislature in such a state and assumes all important
powers in the state.

Financial Powers
All bills except the Money Bill can originate in either House of
the Parliament. Money Bills can originate only in the Lok
Sabha. The Rajya Sabha plays only an advisory role in the
financial sphere.
 • The Parliament passes the Union budget which consists
of the total income and expenditures of a financial year.
• The Parliament may ask for a Supplementary Grant if the
amount authorised for the current financial year is
insufficient.
• If the Budget is not passed in the beginning of the
financial year, the executive may draw funds from the
Consolidated Fund until the Budget is passed by the
Parliament.
• The Parliament decides on the salaries and allowances of
the MPs.
• No taxes can be imposed on the people or money can be
sent by the Government without the approval of the
Parliament.

Judicial Powers
• The Parliament can impeach the President on the charges

of grave misconduct, violation of the Constitution etc. If

the charges against the President are passed by two-
thirds majority of both
• Houses, the President may be removed from his office.

• The Parliament can remove the judges of the Supreme

Court and High Courts, the Chief Election Commissioner,

the Comptroller and Auditor General of India if they are
found to be violating any provision of the Constitution.
• The Parliament can punish a person for hampering the

work of the Parliament or for ridiculing them.

Electoral Functions

The Parliament with the State Legislatures elects the

President of the country.
• It also elects the Vice President of India.
 • Members of the Lok Sabha elect the Speaker among
themselves, while the Rajya Sabha elects its own Deputy
Chairman.

Amendment of the Constitution

• The Parliament can amend the Constitution. The

amendments should be passed by each House with two-

thirds majority.
Other Powers

• The Parliament has the power to alter the name or the

boundaries of any state. It can also make new states.
• It makes laws regarding the composition, jurisdiction and
powers of the Supreme Court.

Control over the Executive

• The Parliament exercises control over the Executive by

posing questions to ministers related to public opinion

during Question Hour. By asking questions, members can
draw the attention of the House and people towards
unjust policies of the government.
• The Parliament can pass a motion of No-Confidence

against the government. If such a motion is passed, then

the government has to resign.
• Adjournment motions can be passed on certain occasions

when a mishap takes place such as railway accidents,

killing of people during riots etc. Through this motion,
the Parliament draws the attention of the people towards
acts of omission and commission.
• A cut motion may be moved if the Parliament aims to

reduce the demand of grants presented to the Lok Sabha.

It also ensures that public money is spent in accordance
with the decisions of the Parliament.

Special Powers of the Rajya Sabha

 • The Lok Sabha cannot make laws on subjects included in
the State List. Only if the Rajya Sabha passes a resolution
by two-thirds majority of the House, the Parliament can
make laws on the State List.
• If the Rajya Sabha demands that new all-India services
should be made in national interests, the Parliament may
create new services.
• If the Lok Sabha is dissolved before or after the
declaration of a national emergency, the Rajya Sabha
plays the role of the Lok Sabha.

Special Powers of the Lok Sabha

• Motion of No-Confidence can be moved and passed only
in the Lok Sabha. If it is passed, the
• Government has to resign.
• Money bills can only be introduced in the Rajya Sabha.
• In case of a deadlock over an ordinary bill, the will of the
Lok Sabha prevails as its numerical strength is double
that of the Rajya Sabha.

Anti-Defection Law
The Constitutional Act passed in 1985 is known as the Anti-
Defection Law. Members of Parliament and state legislatures
can be disqualified from the Parliament on the grounds of
defecation. These are:
• If a member of a party who is a parliamentarian

abandons his membership from a party or votes or

abstains from voting contrary to the directions issued by
the party.
• A nominated Member of Parliament belonging to any

party can be disqualified if he gives up his membership

and abstains from voting contrary to the directions of the
party.
 • An independent Member of Parliament is disqualified if
he joins any political party after his election

THE PRESIDENT & THE VICE PRESIDENT

THE PRESIDENT
The executive power of the Indian Union is vested in the
President. The President is the Head of the State and the supreme
commanderof the Defence Forces of India. The Constitution
provides that 'there
shall be a Council of Ministers with the Prime Minister at the head,
toaid and advise the President, in the exercise of his/her
functions'.
According to the 42nd Amendment Act, it is necessary for the
President to exercise his/her functions in accordance with the
adviceof the Council of Ministers.

QUALIFICATIONS FOR ELECTION

1. A person shall be eligible for election as President, if he -
a) is a citizen of India.
b) has completed 35 years of age.
c) is qualified for election a member of the Lok Sabha.
2. A person shall not be eligible for election as President if he holds
any office of profit under the Government of India or Government
of any State or under any local or other authority subject to the
controlof any of the said Governments.

Composition of the Electoral College:-

The President is elected indirectly by the members of an Electoral
College consisting of:
1. the elected members of both Houses of Parliament;
2. the elected members of the Legislative Assemblies of the
States
including National Capital Territory of Delhi and the Union
Territory of Puducherry.
Nominated members of either house of Parliament and State
Assemblies are not eligible to be included in the Electoral college.
A presidential candidate will have to be proposed by 50 members
ofthe Electoral College (MPs or MLAs) and seconded by another
50 members.

REASON FOR INDIRECT ELECTION

1. If the President was to be elected directly by the people, he
couldbecome a centre of power to the Council of Ministers.
2. Since the membership in the two Houses of Parliament was
likelyto be dominated by one party, election of the President
merely by a majority of members of the Union Parliament could
make him a
nominee of the ruling party like the Prime Minister.
3. The President is elected by an Electoral College. In India, the
Electoral College consists of the elected members of the two
Housesof Parliament and Legislative Assemblies of the States
(Article 54).

Oath of Office: Before entering upon his office, the President

takes anoath in the presence of the Chief Justice of India (or in
his absence, the senior most Judge of the Supreme Court) to:
1. discharge the functions of the President of India,
2. preserve, protect and defend the Constitution and the law, and
3. devote himself to the service and well-being of the people of
India.

TERM OF OFFICE
The President shall hold office for a term of five years from the
date on which he enters upon his office. He shall continue to hold
office,notwithstanding the expiry of his term, until his successor
takes charge.

Vacation of Office:
1. The President may, submit his resignation letter to the Vice-
President, in order to resign his office. Such resignation will be
communicated by the Vice-President to the Speaker of the Lok
Sabha.
2. The President may, for the violation of the Constitution, be
removed from the office by the process of impeachment.
PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT
1. When a President is to be impeached for violation of the
Constitution, either House of Parliament can level the charge as
follows:
(a) Resolution which is moved after at least fourteen days' notice
inwriting signed by not less than one-fourth of the total number of
members of the House; and
(b) The resolution is passed by a majority of not less than two-
thirdsof the total membership of the House.
2. When a charge has been so preferred by either House of
Parliament, the other House will investigate the charge and the
President has the right to appear and to be represented at such
aninvestigation.
3. If, as a result of the investigation, a resolution is passed by a
majority of not less than two-thirds of the total membership of the
House (by which the charge was investigated), declaring that the
charge has been sustained, such a resolution will have the effect
ofremoving the President from his office.

POWERS OF THE PRESIDENT OF INDIA

EXECUTIVE POWERS
The executive powers of the President include:
1. Head of the Union Administration: All executive orders are
issuedin the name of the President.
2. Appointment of Officials of the State: The President appoints,
Prime Minister & Council of Ministers on his advice. The Chief
Justice& Judges of Supreme courts & High Courts, Governors of
States.
3. Control over State Governments: During President rule Union
Government controls the state.
4. Union Territories and Border Areas: The administration of the
Union Territories and the Border Areas is the responsibility of the
President.

DIPLOMATIC POWERS
1. The President has the power of appointing Indian
Ambassadors to other countries.
2. He receives ambassadors, High Commissioners and
diplomatic envoys from foreign nations.
3. All treaties and international agreements are concluded in
the name of the President.
4. The President represents India in International
Conferences.

LEGISLATIVE POWERS
1. Addresses Sessions of Parliament: The President addresses
both Houses of Parliament assembled together for the first
session after each General Election to the Lok Sabha and at the
commencement ofthe first session of each year. The President
has the power to address either House of Parliament or their joint
sitting at any time.
2. Messages to Parliament: He has the power to send messages
to either House of Parliament either in the regard to any pending
Bill orto any other matter.
3. Summon and Prorogue the Houses: The President has the
power to summon and prorogue the Houses of Parliament. The
power to summon Parliament is subject to the condition that there
should notbe a gap of more than six months between two session
of each House.
4. Dissolve the Lok Sabha: He can dissolve the Lok Sabha and
orderfresh elections. Rajya Sabha is a permanent body, not
subject to
dissolution.
5. Nomination of Members: The President nominates 12 members
tothe Rajya Sabha from among persons having special
knowledge or practical experience in these matters-literature,
science, art and social service. The President may nominate two
members of the Anglo-Indian Community to the Lok Sabha, if he
feels that the Community is not adequately represented in the
House.
6. Assent to Bills: No Bill can become a law without the assent
and the signature of the President. Once a Bill is passed by both
the Houses, it is sent to the President for his approval. The
President may give his assent, or withhold the Bill or send it back
to the Houseconcerned with recommendations.
7. Promulgate Ordinances: Under Article 123, the President can
promulgate an Ordinance, which has the same status as an Act of
Parliament. The President may withdraw the Ordinance at any
time.
8. Formation of New States: A Bill for the formation of new States
or alteration of areas of the existing States cannot be introduced
excepton the President's recommendation.

FINANCIAL POWERS
1. Money Bills can be introduced only on the recommendation
of the President.
2. The Annual Budget contains the estimates of income and
expenditure of the Union Government for the coming year.
The Finance Minister on behalf of the President places the
Annual Budget before Parliament.
3. The Annual Financial Statement is also laid before the
Parliament in the beginning of every Financial Year on behalf
of the President.
4. The President can authorise withdrawal of advances from
the Contingency Fund of India to meet unforeseen
expenditure. Such expenditure should be subsequently
approved by Parliament.
5. After every five years the President appoints a Finance
Commission comprising a Chairman and four other members.
The Commission makes recommendations to the President
on financial matters.

MILITARY POWERS
1. The President is the Supreme Commander of the Armed
Forces of India.
2. He appoints the Chiefs of the three wings of the Armed
Forces, subject to certain rules and regulations.
3. The President has the power as to make Declarations of
War and Peace on the advice of the Council of Ministers.

JUDICIAL POWERS
1. The President is not answerable before any Court of law
for the exercise of the powers and duties of his office.
2. No criminal suit can be initiated against him during his
tenure of office.
3. The President has the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or
commute the sentence of any person convicted for an
offence:
(a) in all cases where the punishment or sentence is by a
Court Martial;
(b) in all cases where the punishment or sentence is for an
offence against any law relating to Union and Concurrent
Lists;
(c) in all cases where there is a death sentence.

DISCRETIONARY POWERS
1) If no party wins clear majority of the Lok Sabha, he appoint a
PrimeMinister.
2. On sudden death of P. M. he may appoint P.M. as ruling party is
unable to decide.
3. President may dissolve or continue the House, if ruling party
lostmajority.
4. The President can dismiss Ministers in case the Council of
Ministers loses the confidence of the House but refuses to resign.

EMERGENCY POWERS
An Emergency is "a sudden or unforeseen situation demanding
immediate action." It is a situation in which the Head of State
assumes extraordinary powers. The President can proclaim a
state ofEmergency in the following cases:
(a) National or General Emergency: There is a danger of foreign
aggression or danger to the peace and security of the country
because of a civil war, insurgency or any other such cause
(Article352).
(b) Breakdown of Constitutional Machinery: The Constitutional
machinery in a State has broken down or there is a deadlock
becauseof political uncertainties or otherwise (Article 356).
(c) Financial Emergency: A set-back to the financial stability or
creditfeasibility of the country is likely to occur or has occurred
(Article 360).

I. NATIONAL OR GENERAL EMERGENCY

Circumstances: If the President is satisfied that a grave
emergencyexists whereby the security of India or any part of its
territory is threatened, either by war or by external aggression or
armed rebellion, he may proclaim an Emergency. The President
cannot issue such a Proclamation unless he has the approval in
writing ofthe Union Cabinet.
Duration: Parliament within one month by a special majority i.e.,
by a majority of the total membership of the House and a majority
of not less than two-thirds of the members present and voting. It
cannot remain in operation for more than six months at a time.

EFFECTS OF GENERAL EMERGENCY

1. Fundamental Rights: The right to move Supreme Court or a
State High Court for the enforcement of the rights, except Articles
20 and 21 remains suspended. Article 20 states that "no person
shall be punished for the same offence more than once". Article
21, declares that "no person shall be deprived of his life or
personal liberty except according to procedure established by
law."

2. Centre-State Relationship: The country has to forego its federal

spirit, as the States are obliged to carry out the instructions of the
Centre. The Union Parliament acquires the powers to give
directions to a State on any matter, so that the State Government
will be under the complete control of the Union Executive and will
function as under a unitary system with local sub-divisions.
3. Finances: The Centre is empowered to suspend the financial
provisions of the Constitution. Matters such as the distribution of
revenues between the Centre and the States and the salaries of
MPs may be altered.

4. Union and State Legislatures: During emergency the term of the

Lok Sabha may be extended for a period of one year at a time. The
same rule may be applied to the Legislative Assembly or any
State.

Examples: National emergency was declared for the first time on

October 26, 1962, due to the threat caused by the Chinese
aggression on our North-East border. The President revoked the
proclamation on January 10, 1968. The second national
emergency was proclaimed on December 3, 1971, when Pakistan
launched an attack on India.

II. BREAKDOWN OF CONSTITUTIONAL MACHINERY

Circumstances: If the President, on receipt of a report from the
Governor or otherwise, is satisfied that the governance of a State
cannot be carried on in accordance with the provisions of the
Constitution, he may declare an emergency in the State. This is
calledPresident's rule because the President may assume to
himself all or any of the functions of the Government of the State.
Duration: The duration of such an emergency is two months. If it
were to continue beyond two months, it should be ratified by the
Parliament. The Proclamation will cease to be valid for six
months. It can, however, be extended for another six months. It
may be extended beyond one year, under two conditions:
(a) when a Proclamation of Emergency is in operation in the
whole of India or in any part of the State, and
(b) the Election Commission certifies that holding elections to the
Legislative Assembly of the State is difficult.
However, no such proclamation shall remain in force for more
than three years.

EFFECTS OF EMERGENCY IN A STATE

1. The State administration is directly placed under the President
(i.e. the Union Government).
2. The President may :
(i) dissolve the Vidhan Sabha of the State and dismiss the Council
of Ministers; or
(ii) keep the Assembly and the Council of Ministers in suspended
animation.
3. When the Lok Sabha is not in session the President may
authorise expenditure out of the Consolidated Fund of the State.
4. The President may suspend the provision of the Constitution
relating to any authority of the State except those relating to High
Courts.)

Examples: This form of emergency is quite common in India and

President's Rule has been imposed in a State at one time or the
other.
The first instance of the President's Rule was in 1951 in Punjab. In
1977, nine States were brought under the President's Rule on the
pretext that the State Assemblies no longer reflected the views of
the people.

III. FINANCIAL EMERGENCY

Circumstances: If the President is satisfied that a situation has
arisen whereby the financial stability or credit of the nation is
threatened, hecan declare a Financial Emergency.
Duration: Such a proclamation has to be laid before both Houses
of Parliament and is valid for two months unless it is approved by
resolutions of both Houses of Parliament. The proclamation will
cease to exist at the expiry of thirty days from the date on which
the Lok Sabha first sits after its reconstitution.

EFFECT OF FINANCIAL EMERGENCY

1. The President may appoint a Finance Commission to suggest
methods to get out of the financial crisis. He may adopt suitable
measures to restore financial stability in the light of
recommendations of the Finance Commission.
2. The President can reduce the salaries and allowances of all or
any class of persons, including the Judges of the Supreme Court
and the High Courts.
3. All Money Bills passed by the Lok Sabha are to be submitted to
the President for his/her consideration.
4. The President can issue instructions to the States in regard to
the utilisation of funds in the manner he thinks fit.
5. The President may order the State to submit Money Bills to him
for his assent.
VICE PRESIDENT:
Article 63 stipulates that there shall be
a Vice-President of
India.

QUALIFICATIONS FOR ELECTION:

1. A person shall be eligible for election as Vice-President,
(a) if he is a citizen of India;
(b) has completed the age of thirty-five years; and
c) is qualified for election as a member of the Council of States.
2. A person shall not be eligible for election as Vice-President if
heholds any office of profit under the Government of India or
Government of any State or under any local or other authority
subjectto the control of any of the said Governments.

ELECTION:
An Electoral College consisting of the members of both Houses of
Parliament elects the Vice-President. The election is held in
accordance with the system of proportional representation by
meansof the single transferable vote.

Oath of Office: Before entering upon his office, the Vice-President

takes an oath before the President (or some person appointed on
hisbehalf by him) to:
(a) bear true faith and allegiance to Constitution of India; and
(b) faithfully discharge his duties.
TERM OF OFFICE
1. The Vice-President shall hold office for a term of five years from
the date on which he enters upon his office.
2. He may, by writing, addressed to the President, resign his office.
Such resignation will be communicated by the President to the
Speaker of the Lok Sabha.
3. He may, for the violation of the Constitution, be removed from
theoffice by the process of impeachment.
4. He shall continue to hold office, notwithstanding the expiry of his
term, until his successor enters upon his office.

POWERS AND FUNCTIONS

1. Chairman of the Rajya Sabha: The Vice-President of the Indian
Union acts as the ex-officio Chairman of the Rajya Sabha. He
regulates debates and proceedings of the House and decides the
order of speeches.

2. Taking over as the President: The Vice-President takes over the

office of the President under the following situations:
(a) death of the President,
(b) resignation of the President,
(c) removal of the President, or
(d) when the President is unable to discharge his functions owing
toabsence, illness or any other cause.

PRIME MINISTER & COUNCIL OF MINISTERS

THE PRIME MINISTER

The Constitution of India provides for a Council of Ministers,
with the Prime Minister at the head, to aid and advise the
President. The President acts in accordance with their advice,
in the exercise of his functions. The President may require the
Council of Ministers to reconsider their advice, but he shall
act in accordance with the advice tendered after such
reconsideration.

Appointment:
President appoints the leader of the majority party of
thecountry. In case no party has majority, he appoints
that people as PM who can prove that he has support of
other people.

Council of Ministers
They are appointed by president on the advice of the
primeminister even a non-member can be appointed as
Minister but he has to get himself elected in any house
within 6 months of his date of appointment.

Types of Council of Ministers:

1. Cabinet Ministers: (They are the most important members
of the Council of Ministers. They hold important portfolios,
like Home, Defence, Finance, External Affairs, Railways, etc.
2. Ministers of State: They are the second category of
Ministers. They may or may not hold an independent charge
of any portfolio. The Prime Minister may or may not consult
them.
3. Deputy Ministers: They are the third category of Ministers
who assist the Cabinet Ministers and the Council of
Ministers. They are junior ministers and are placed under
senior ministers whom they have to assist.

The Cabinet
Formation: The Cabinet is composed of a small but important
body of senior leaders of the party, who are included in the
Council of Ministers.
Appointment of the Cabinet: The Prime Minister selects his
senior and trustworthy colleagues and advises the President
to appoint them as Cabinet Ministers. The President then
appoints themas Ministers as per the advice of the Prime
Minister.

TERM OF OFFICE
1. The ministers hold office during the pleasure
of the President.
2. The Council of Ministers are collectively responsible to
the Lok Sabha.
3 Before a Minister enters upon his office, the
President administers him the Oath of Office and of
Secrecy.

POWERS AND FUNCTIONS OF THE CABINET

Administrative Powers
1. Policy Making
2. Implementation of Policies
3. Coordinating the Functioning of Various Ministers
4. Appointments

Legislative Powers
1. Introduction of Bills
2. Source of Information
3. Amendment to the Constitution
4. Summoning the Houses of Parliament
5. President's Special Address
6. Issuing Ordinances

Financial Powers
1. Budget
2. Finances of the Government
3. Introduction of New Bills

Emergency Powers
The President cannot declare a Proclamation of General
Emergency under Article 352 of the Constitution,
without receiving in writing the decision of the Cabinet
to this effect. Similarly, the questions of Proclamation of
Financial Emergency and of President's rule in a State
are also decided by the Cabinet.
 POSITION AND POWERS OF THE PRIME MINISTER
While the President is the nominal head of State, with the
backing of a majority in the Lok Sabha, the Prime Minister
is the real head of the nation.

PRIME MINISTER AND THE PRESIDENT

1.All authority vested in the President is exercised by
the Prime Minister. He is the principal advisor of the
President.
2.It is on the advice of the Prime Minister that the
President summons and prorogues the Parliament
and dissolves the Lok Sabha.
3.The Prime Minister chooses the ministers and, on his
advice, the President appoints them.
4.He advises the President on various appointments to
important
posts such as the Judges of the Supreme Court, the
Governors and Ambassadors.
5.He is a link between the President and the Council of
Ministers.
6.The President can ask the Council of Ministers to
reconsider any matter, which has not been considered by
the Cabinet and on which a decision has been taken by a
Minister.

PRIME MINISTER AND THE CABINET

1. Leader of the Cabinet
2. Power to Allocate Portfolios and to Reshuffle
the Council of Ministers
3. Power to Select and Dismiss Ministers
4. Power to Direct and Coordinate Policy
5. Resignation of the Prime Minister

PRIME MINISTER INSIDE THE PARLIAMENT

1. Leader of the Lok Sabha
2. Spokesperson of the Government
3. Defender of Government Policies
4. Intervention in case of Controversial Issues

PRIME MINISTER AS LEADER OF THE NATION

1. The Prime Minister represents the nation. When
he speaks, the whole nation is supposed to be speaking
through him.
2. During a national crisis like war, even the
opposition parties support the Prime Minister.
3. The Prime Minister decides what kind of
relations India would have with other countries.
4. The Prime Minister tries to protect the interests of
the country in international forums. He discusses
matters of mutual interest with other leaders, keeping
the interests of India in mind.
5. At the time of General Election, it is the proposed
Prime Minister for whom or against whom the people
vote.
6. The Prime Minister is also the ex-officio
Chairman of the Niti Aayog and the Atomic Energy
Commission.

CHECK ON THE AUTHORITY OF THE PRIME MINISTER

1. Though the Prime Minister is the leader of the
majority party, he has to ensure the support of his
ministers as well as the party.
2. In case of coalitions, when the Prime Minister does
not enjoy an absolute majority in the Lok Sabha, his
position becomes more vulnerable.
3. Opposition parties always look for a chance to
criticise the Prime Minister.

COLLECTIVE RESPONSIBILITY
Under Article 75(3) of the Constitution “the Council of
Ministers shall be collectively responsible to the House
of the People.”
 The principle of collective responsibility mplies the
following:

(i) The decisions taken in the meetings of the Cabinet

are equally applicable to all the Ministers even though
they may differ among themselves on a particular policy.
(ii) All Ministers jointly share the responsibility for the
government’s policies and performance. The Ministers
must function as a team in supporting and defending
government policies inside as well as outside Parliament.
(iii) A Vote of No-Confidence against one Minister is a
vote against the whole Ministry. Such a Ministry that has
lost the confidence of the Lok Sabha has to resign.

INDIVIDUAL RESPONSIBILITY
The Ministers are individually responsible to the
President, i.e., they hold office during the pleasure of the
President and may be dismissed by him, of course, on the
advice of the Prime Minister even when they may have the
confidence of the Legislature.
Each Minister is answerable to Parliament for the
department under his control. It is obligatory for him to
answer all the questions asked by the MPs, regarding the
functioning of his department.

The Supreme Court

The Judiciary-It is one of the 3
main the organ of government.
The principal role of the judiciary is
to protect rule of law and ensure
supremacy of law. It safeguards
rights of the individual, settles
disputes in accordance with the law
and ensures that democracy does
not give way to individual or group dictatorship.
A single integrated system - means the Supreme court is the
head of the entire system, it supervised and control
functioning of other courts. A single civil and criminal
system operates throughout the country.

Need for a Single Integrated Judiciary:

1. Protection of rights of individual from Legislative &
executive
2. It is essential for federal set up where power is
decentralized
3. It is essential requirement for protection of human right &
democracy.

The Supreme Court- It consist of Chief Justice & not more

than 33 other Judges until Parliament amends.

Qualification & Appointment as Judge of Supreme Court:

1. He should be citizen of India
2. has been for at least 5 years as Judge of High Court, OR
3. has been for at least 10 years an Advocate of HIGH
COURT, OR
4. is in the opinion of the president a distinguished JURIST.

Appointment: Every Judge is appointed President of India in

consultation with Judge of SC & HC besides the Council of
Minister.
The Senior most Judge is appointed as the Chief Justice of
S.C.
Term - 65 years or he may resign by the resignation letter to
President.
Appointment of Ad-Hoc Judges- The CJ of India may appoint
is necessary.

Impeachment - A judge of S.C. may be removed by an order

of President on the ground of proved misbehaviour or
incapacity. Such an order is passed after an address by each
House of Parliament supported by 2/3 rd of members
present and voting called Impeachment. Ex Judge - V. Rama
swami (1993).
Seat of Supreme Court- New Delhi

Independence of Judiciary from control of Executive &

Legislative
Independence of the Judiciary is ensured by the following
devices:
1. Appointment of Judges: Every Judge of the Supreme Court
is appointed by the President after consultation with the
Cabinet as well as the Judges of Supreme Court and High
Court. Thus, the judiciary and the executive are involved in
the appointment of Judges.

2. Removal of Judges: The Judges cannot be removed from

office by any authority through a normal simple procedure.
A judge can be removed by the President only for proved
misbehaviour and incapacity. This charge needs to be
proved only by a joint address by both Houses of Parliament
and supported by a two third majority of members present
and voting. The word proved' is very important. It means
that an address can only be presented after an allegation
has been thoroughly examined by some impartial tribunal.

3. Security of Tenure: A Judge can remain in office till he has

attained the age of 65 years. He can be removed by the
President on the ground of "proved misbehaviour or
incapacity."

4. Security of Salaries and Service Conditions: Judges'

salaries, allowances, etc., shall not be changed to their
disadvantage during their term of office. The salaries of the
Judges cannot be reduced except during periods of financial
emergency Their salaries and allowances are charged on the
Consolidated Fund of India and so are not subject to vote of
Parliament.

5. Freedom to Announce Decisions and Decrees: The Judges

are free to announce their decisions and decrees in the court
chambers without any danger to their person, property or
fame. Their decisions cannot be criticised in public or by the
press. It is the duty of the State to ensure their personal
safety at all costs.

6. Punishment for Contempt of Court: The Supreme Court

can punish for the contempt of court if a person or authority
makes an attempt to lower its authority.

7. Full Control Over its Procedure of Work and

Establishment: The Supreme Court is free to decide its own
procedures of work and its establishment as well as the
conditions of service of its employees. Thus, it is free from
influence of any outside agency.

JURISDICTION & POWERS

Jurisdiction is the power that court of law exercises to carry
out & enforce them.
a) Original Jurisdiction: power to hear & solve a dispute in
the first instance
i) Centre – State or Inter State Disputes Any dispute between
State or Inter State Disputes.
ii) Protection Fundamental Right- cases of violation of
Fundamental rights
iii) Transfer of Cases from Lower Courts
iv) Interpretation of Constitution.

b) Appellate Jurisdiction: power to grant special leave to

appeal against judgement given by any court in the country.
i) Constitution Cases – All cases where a certificate is issued
by High Court.
ii) Civil Cases- Appeal in civil matters if high court certifies:
a) Question of law of General Imp. and
b) Question needs to be decided by supreme court
iii) Criminal Cases -
a) without certificate of H.C.
b) with certificate of H.C.
Certificate is not required if high court has reversed the
judgement and a case is withdrawn by High court.

Functions of Supreme Court – Settlement of Disputes.

Original: The Supreme Court has the original jurisdiction to
settle disputes between the Central government and one or
more States and Union Territories (UTS) as well as between
different States and UTS. Besides, it has original jurisdiction
with regard to the enforcement of Fundamental Rights,
transfer of cases from High Courts and interpretation of the
Constitution.
On Appeals: (i) The Supreme Court deals with appeals which
are made to it in respect of its Original Jurisdiction. It gives
its verdict on the interpretation of the Constitution. It also
settles Inter-State or Union-State disputes. (ii) Using its
Appellate Jurisdiction, it hears appeals involving
interpretation of the Constitution on civil and criminal cases
where special point of law is involved. (ii) Appeal by Special
Leave.

Appeal by Special Leave: Under Article 136) of the

Constitution, the Supreme Court can allow leave to appeal
against the judgement of any court of India. It is a special
power which is to be exercised only under exceptional
circumstances. The Supreme Court has laid down the
principles according to which this power shall be used.

In civil cases, special leave to appeal would not be granted

unless there is a question of law or general public interest
involved in the case.

In criminal cases, the Supreme Court interferes when it is

shown that exceptional and special circumstances exist and
grave injustice has been done.

The Supreme Court could quash the decision of a tribunal

when the tribunal has exceeded its jurisdiction or adopted a
procedure which runs against the established rules of
natural justice.

ENFORCEMENT OF FUNDAMENTAL RIGHTS

Any citizen whose rights are violated may move the Supreme
Court for the enforcement of the rights.
The Supreme Court has power to issue orders or writs, in
the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari for the enforcement of any of the
Fundamental Rights.
The Constitution prohibits the State from making any law
which takes away or abridges the Fundamental Rights. If it
does so, the law shall be declared null and void by the
Supreme Court.

IMPORTANT WRITS
1. Habeas Corpus: It means 'to have the body'. By issuing
such a writ, the High Court or the Supreme Court can get the
body of any person released if it has been unlawfully
detained by any person or a group of persons or by the
State. This writ is, thus, a great safeguard for the personal
freedom of a citizen.
2. Mandamus: In Latin, it means 'we order'. It is a command
or an order from a Superior Court to a lower or an
administrative authority to perform certain duty.
3. Writ of Prohibition: The Writ of Prohibition is an order
issued by a superior court to a lower court to stop
proceedings in a case which might be in excess of the
jurisdiction of the lower court.
4. Writ of Certiorari: This writ is issued by a superior court to
a judicial authority desiring "to be informed of what is going
on." Though it appears similar to the Writ of Prohibition,
there is a difference. Writ of Prohibition is issued when
certain proceedings are going on. The Writ of Certiorari is
issued after the order has already been passed by the lower
court.
5. Quo-warranto: It means "by what order." It is issued when
a person has usurped any office. This writ thus prevents
public officers from forcibly or wrongly holding a high
public office.
Advisory Jurisdiction –
The S.C. gives opinion on any question of law or of public
importance for consideration of the President.

Revisory Jurisdiction –
Article - 137 allow SC to review its judgement if any mistake
or error has been made. It is court of record & its decision
are used as proof in other cases and cannot be questioned in
any court.

Judicial Review - It is the interpreter of Constitution & its

decision is final. It can declare any law null or void. This
power is called Judicial Review.

NEED FOR JUDICIAL REVIEW

(i) In a written Constitution a law may be ambiguously
worked. The question of interpretation of the Constitution is
bound to arise and the Supreme Court only has the power of
original jurisdiction.
(ii) The legislature may not possess the wisdom, experience
and impartiality which are needed to explain what the law
means. This function can be best performed by the Supreme
Court.

Court of Record: Judgement of S.C. are recorded for proof &

testimony no court can. Its judgement are preserved as
record.

Administrative and Supervisory Functions-

1. Appointment of officer & Staff of S.C.
2. The rules regarding conduct of Advocates appearing
before court.
3. It has simplified the procedure in the area of Public
Interest Litigation (PIL).

The High Courts & Subordinate Courts

High Court
The High Court - is the highest court of appeal in a State
There are 21 high courts in India.
Composition - Consists of Chief Justice & other judges
whose number may be fixed by Parliament.

Qualification of a High Court Judge

(A) He must be citizen of India.
(B) He should have worked as a Judge in a court for not less
than 10 year.
or
He should have worked as a Advocate in a court for not less
than 10 year.
or
He should have been a repeated teacher in the law college.

Appointment of Judges:
i) The Chief Justice is appointed by the President in
consultation with Chief Justice of Supreme Court & Governor
of State concerned.
ii) Other judges of High Court are appointed by the President
in consultation with Chief Justice of S.C. & H.C. and Governor
of State concerned.
POWERS AND JURISDICTION OF HIGH COURT
The jurisdiction of a High Court of a State extends to the
territorial limits of that State. If there is a common High
Court for two or more States or Union Territories then the
jurisdiction of such a court extends to the territorial limits of
the States or the Union Territories.

Original Jurisdiction
High Courts have original jurisdiction, that is, the power to
hear and decide cases at the first instance. It has original
jurisdiction in the following cases:
(i) It has original jurisdiction over matters relating to State
revenue and its collection.
(ii) Cases regarding wills, divorce, marriage, company law
and contempt of court may be referred or brought before
the High Court directly.
(iii) Every High Court has the power to interpret the
Constitution. This power is known as the power of Judicial
Review.
(iv) Along with the Supreme Court, it enjoys original
jurisdiction for the enforcement of Fundamental Rights
guaranteed by the Constitution. It can also issue writs for
the enforcement of Fundamental Rights.
(v) The High Court has original jurisdiction in cases such as,
election petitions challenging the election of the Members of
Parliament or a member of the State Legislative Assembly or
other local bodies.

Appellate Jurisdiction
Appellate Jurisdiction of High Court means that the High
Court has the power to accept appeals against the decisions
of District Courts, in civil as well as criminal matters.
Civil Cases
(i) in matters concerning land revenue, and
(ii) in cases where a blatant injustice has been committed by
any Tribunal.

Criminal Cases
(i) Against the judgement of a Sessions Judge or an
Additional Sessions Judge, where the sentence of
imprisonment exceeds seven years.
(ii) Against the judgements of an Assistant Sessions Judge,
the Chief Metropolitan Magistrate or other Judicial
Magistrates, where the sentence of imprisonment exceeds
four years.
(iii) Against the State, when the order of acquittal is passed
by a Sessions Judge.
(iv) A sentence of death must be confirmed by the High
Court before it can be carried out.

FUNCTIONS OF THE HIGH COURT

Settlement of Disputes
Original: The High Court has original jurisdiction to settle
disputes relating to State revenue and its collection; to hear
directly cases related to will, divorce, marriage, company law
and contempt of Court; to interpret the Constitution; for
enforcement of Fundamental Rights; and petitions related to
the election of the MPs, MLAS and other local bodies.
On Appeal: The High Court has the power to accept appeals
against the decisions of District Courts in both the civil and
criminal cases as discussed earlier in the chapter.

Enforcement of Fundamental Rights (Power to Issue Writs)

All the High Courts are empowered to issue 'writs'. A writ is
an order from a judicial authority asking a person to
perform some act or refrain from performing an act. The
writs that are issued are Habeas Corpus, Mandamus,
Prohibition, Quo Warranto and Certiorari.

Revisory Jurisdiction
Revisory Jurisdiction means that the High Court can call for
the record of a case which has been decided by a
subordinate court. This is done because the High Court feels
that the Subordinate Court has exercised a jurisdiction not
vested in it or the latter has not followed proper procedure.

A revisory jurisdiction is applicable in the following cases:

• injustice or an error of law apparent on the face of the
record.
• violation of the principles of natural justice.
• arbitrary authority leading to wrong judgements.
• flagrant error in procedure.

Judicial Review
Like the Supreme Court, the High Court has the power of
Judicial Review. If any law, executive order or any ordinance
passed by the State Legislature or any other authority
infringes the Fundamental Rights or contravenes any
provision of the Constitution, the High Court can declare it
'null and void'. The High Court may withdraw a
constitutional case from a Subordinate Court and deal with it
or send it back with its directions.

Court of Record
The High Court is a "Court of Record" like the Supreme
Court. It means:
(i) Its judgements and orders are preserved as a record to be
referred to by its courts in future cases. They can be
produced as precedents.
(ii) The High Court can punish anyone who commits a
contempt of its orders.

Subordinate Court
The Subordinate courts function under the High court of
state concerned. They administer justice at district level.
Court of the District Judge
1. It is the highest civil court
of the district.
2. It is presided over by a
District Judge.
3. The District Judge and the
Additional District Judges
are appointed by the
Governor in consultation
with the Chief Justice of the
High Court of the concerned
State.
4. The District Judge decides
civil cases related to land,
property, money
transactions, arbitration,
guardianship, marriage,
divorce and will.
5. The District Judge acts as
a Deputy Commissioner and
District Collector and in this
capacity he maintains law
and order and supervises the
Sessions Court
1. It is highest criminal court
of the district.
2. It is presided over by a
Sessions Judge.
3. The Sessions Judge and
the Additional Sessions
Judges are appointed by the
Governor in consultation
with the Chief Justice of the
High Court of the concerned
State.
4. The Sessions Judge
decides criminal cases like
murders, theft, dacoity, pick-
pocketing, etc.
5. The Sessions Judge does
not perform any
administrative functions.
collection of revenue and
taxes in the district.

LOK ADALATS
Lok Adalat means 'People's Court'. It is an alternative dispute
redressal mechanism where disputes/cases pending in the
court of law or at pre-litigation stage are settled amicably.
On the recommendation of Justice P.N. Bhagwati, Lok Adalats
were set up by Legal Services Authorities Act, 1987 as a
legal forum to provide legal aid and quick justice to those
who are not in a position to engage lawyers or bear the
expenses of legal proceedings. There is no court fee payable
when a matter is filed in a Lok Adalat. The Legal Services
Authorities Act, (1987) provides that State or district
authorities shall organise Lok Adalats from time to time. All
decisions of the Lok Adalats shall be deemed to be decrees
of a Civil Court and shall be binding on the parties to the
dispute. Main condition of the Lok Adalat is that both parties
in a dispute should agree for a settlement.

Advantages of Lok Adalat:

1. Lok Adalats play important role in the settlement of family
feuds, disputes between the neighbours and minor cases of
assault and injury by settling the disputes through
compromise. Since the Lok Adalats work in the spirit of
compromise and understanding, both the parties feel
satisfied.
2. Lok Adalats deliver fast and inexpensive justice. Any
person can move Lok Adalat by an application on a plain
paper or using the format available with Legal Service
Authorities and expect speedy justice.
3. The Lok Adalats reduce the workload of other courts
enabling them to deal with more serious matters. This
reduces delays in higher courts.
4. Lok Adalats promote social justice by providing legal aid
to weaker sections of society.