(S) Polity by The Sathbhik Bhan Sirr (S)

NOTES MADE BY AKASH 7589157201 E-5 BATCH STUDENT 2022
 (S) POLITY SAATHVIK BHAN SIR  THE PRESIDENT OF INDIA

 UNION EXECUTIVE {PART V}{52-  ARTICLE 52
 There shall be a President of India
78 }
 ARTICLE 53
 Basic component of any constitution is “separation of
 Executive powers of union should be vested with the
powers” means there has to be no concentration of
president who is the head of the executive of union
powers in any institution or any office
 Who shall exercise powers directly or with the help of
How separation of powers happen by law officers subordinate to him in accordance with the
Implement Enact/formulate Enforce law constitution
& execute Make law Adjudicate upon  This article is to be read with article 74 as per which
The laws dispute there shall We a council of ministers headed by prime
minister to aid and advice president who shall Act on
executive legislature judiciary such advice
 42th constitutional amendment Act 1976
Union Parliament Supreme court
 It has made the advice binding for president
Executive 79-122 124-147 th
 44 CAA-1978
Part V
52-78  president can send advice for reconsideration but
if again returned by ministers then it is binding and
State State legislature High courts
president has to follow that one
Executive 168-212 Subordinate
 article 74 with article 75 lay foundation of
153-167 Courts
parliamentary form of Government at Central level
214 onwards
 India has dual heads or dual executive
 Who are only part of union executive
a) President
 President
 Constitutional or nominal or titular or ceremonial
 Vice president
head of a state
 Prime minister
 De jure head as per law theory
 Council of ministers
 Attorney general b) Prime minister
 Real head
 Note:-
 De facto ( in reality / practically)
 If tenure is fixed of anybody then it is an independent
body if it is not fixed then it is non-independent body  THE ELECTION OF PRESIDENT
 Attorney general  Article 54 “who elects president”
 under article 76  elected by indirect elections
 constitutional body  MP- Members of a parliament (543+233)
 powers are given in constitution  MLA- Members of state legislature
 Appointed by president  Members of Delhi Puducherry and Jammu and
 holds office for the pleasure of president Kashmir (not yet decided) legislative assembly
 No fixed term so non independent office  Delhi, Puducherry have been participating in
th
 No security of tenure election past the enactment of 70 CAA, 1992
 He gets remuneration decided by president  Jammu and Kashmir participated earlier as a state
 chief legal officer of Government of India now participates as a UT
 top lawyer of GOI in cases like  Legislative councils do not vote
 article 370 dispute  Article 55 “Manner of election”
 Delhi MCD unification case  As per preamble India is a republic therefore head
 citizenship amendment Act 2019 case of the state is elected as in United Kingdom there
 Following hold office for pleasure of is a “constitutional monarchy”
 Manner of election is proportional representation
president
system or simply called proportional
 Governor under article 156 is the term of governor
representation by single transferable vote and
 Prime minister and his council of ministers
voting is done by secret ballot
 Members of all India services and Central services
NOTES MADE BY AKASH 7589157201 E-5 BATCH STUDENT 2022 1

 1971 census used to ensure, States especially
 Following are elected by PR-STV system Northern States adopt population control
 President measures like the southern States had adopted in
 Vice president 1970's
 Members of Rajya sabha  To ensure that Southern States do not have
 5/6th of the members of legislative council reduced representation on relative to the northern
 Note- 1/6th are selected or nominated in states in election of president
Rajya sabha  84th amendment Act 2001 states that 1971 census
 Proportional representative system shall we used till 2026
 Only majority of votes wins at least vote 51% +  COUNTING OF VOTES (WAY TO
1 = wins UNDERSTAND SINGLE TRANSFERABLE)
 Quota- is calculated means it is the least  Source :- “presidential election rules 1974”
number of votes required for majority  Ballot paper
 QUOTA= {Total number of valid votes÷  Mark preferences at least one candidate up to
(number of vacancies+1) } +1 maximum number of candidates
 First past the post means person who gets  Voting happens on same date of both MP in
maximum votes wins parliament and MLA in state assembly
 VALUE OF VOTE FOR PRESIDENT  After voting all boxes are brought to Delhi and
 Value of vote of member of parliament or MP is more counting starts
than value of MLA vote elected  Example to understand process
 Value of vote of MLA varies from one state to another  Let number of electors= 100
 Article 55 for value of votes  Let number of candidates= 04 { A,B,C,D}
a) Principle of uniformity  Let value of vote { MP+MLA} = 01
 There should be similarity in a representation  Quota= { 100× value of vote ÷ ( 1+ seat for
between MLA's from the state president) } +1
 Vote of MLA= {population of the state 1971  Quota= {100×1 ÷ (1+1) } + 1 = 51 {so he becomes
census ÷ number of elected MLA} × 1/1000 president)
b) Principle of parity  By preference wise ballot papers are distributed
 There should be similarity in a representation and counted
between MP and MLA  Let say candidates are preferred by
 Total vote value of MP's = total vote value of  45=A
MLA's  25=B
 UP :-MLAs highest vote value = 208  20=C
 Sikkim:- MLAs lowest vote value= 07  10=D
 What value of 1 MP { RS+LS} = 708  None has got quota here
 Why 1971 census is used  Process
 Ministry of Home affairs hold or conducts census  Now the election commission sees the application of
 Value of vote ∝ population increase or decrease single transferable vote and will cancel the least
 population increase directly impacts value of vote preferred here is “Candidate D”. He is no more in
and higher population shows higher election
representation in election of president  Election commission will transfer these 10 votes of
 1971 southern states of India started spending candidate D to other three candidates ABC buy
money to reduce population growth relatively preference voice ( at 2nd number or next)
which was similar almost from 1951 to 1971 in all  Then simply add +1 to all by preference wise here vote
India . value “1” is just for example
 while population growth rate has declined in  2nd round
Southern States so that is why we take 1971  A=45+7=52
census for equal representation  B=25+2=27
 If we take 2011 census then representation value  C=20+1=21
would be unbalanced  If second round none of candidates get quota then

th
84 CAA-2001 again process repeated
 states that 1971 census shall be used till 2026  The counting shall go for subsequent rounds till a
candidate gets a quota and
 if no candidate gets quota then candidate left in the rotation basis either of the two can Act as
end be declared as winner returning officer)
 If at least votes are got by two candidates then  WHY PRESIDENT HAS INDIRECT ELECTIONS
“returning officer” appointed by election commission a) Only Nominal head
decides who to be eliminated
 We call single transferable because we count just one
 It is anomalous or contradictory to have a directly
elected president in a parliamentary form of
preference in one round
Government as he is the only nominal head
 SOURCES FOR PRESIDENT ELECTION b) Economic factor
 Under article 71 parliament by law can regulate the c) Human resource factor
election of President and vice President d) Tussle of power of elected president
 Article 58, 84,102,RPA 1951 for Election of President  Directly elected president could have emerged as a
1. Constitution parallel centre of power and thereby competed
2. Laws with prime minister
3. rules
4. Conventions- unwritten tradition when government
 QUALIFICATION OF PRESIDENT (58)
functions  Citizen of India ( by either way get citizenship
5. Presidential and vice presidential elections Act 1952  35 years age
 Qualified as member of Lok sabha
 Under this law
 Should not hold office of profit under the union state
 Conditions for nomination local government
a) Nomination paper has to be subscribed by 50  Note:-The president, vice president , council of
electors as proposal (either MP or MLA) and 50 ministers at centre , the governor all shall not be office
electors as seconders of profit for election of president they can be a
b) Introduced in 1974 so that no worthless candidate candidate for a president election even being sitting on
will come for election any of these post without leaving the post but after
c) Candidate has to deposit security amount of winning they have to vacant seat
15000/- rupees which shall be fortified if candidate
th
does not secure 1/6 of votes required to return  WHAT IS OFFICE OF PROFIT
the candidate  For - PM, P, VP, Governor, CM, MP, MLA , M.L.Council
d) Election dispute can be raised by the candidate or  Under the government
20 or 20 + electors  Not defined anywhere not in any rule law and
e) No other can raise dispute regarding president constitution
election  WHAT IF OFFICE OF PROFIT
 Article 71 common for both President and vice  It is a position in the government which cannot be held
President by an MLA or an MP
 Election dispute shall be adjudicated by supreme  Any office of profit is an office which is capable of
court yielding a profit or pecuniary gain
 If election declared void by supreme court the  The origin of this term can be found in the “English Act
Actions taken by president shall not be invalidated of settlement 1701” under this law no person who has
 Means no effect on Actions that he has taken an office or place of profit under the king or receives a
during the time from elected to getting void pension from the crown shall be capable of serving as a
because he was doing that Actions only on behalf member of the house of commons
of the government not by his own will  This was instituted so that there would not be any
 There shall be no effect of any vacancy in electoral undue influence from the royal household in
college ( electors) on the election of president administrative affairs
 It will effective value of vote and quota as now in  MP and MLA as members of legislature hold the
Jammu and Kashmir has no assembly but it will government accountable for its work
never affect president election happens  The essence of disqualification under office of profit
 Returning officer law is if legislators hold an office of profit under the
 Election is organized by election commission and government they might be susceptible to government
on behalf of election commission there is a influence and may not discharge their constitutional
returning officer who is secretary general of Lok mandate fairly
sabha and Rajya sabha ( as a convention on  The intent is that there should be no conflict between
duties and interest of elected members hence the
office of profit law simply seeks to enforce a basic (iii) Whether the government determines the
feature of the constitution that is the principle of remuneration,
separation of powers between legislature and (iv) What is the source of remuneration, and
executive (v) The power that comes with the position.
 Therefore the Supreme Court gives two tests to  The Supreme Court, while upholding the
check the office of profit. If candidate pass in test disqualification of Jaya Bachchan from Rajya Sabha in
1 then the test 2 is checked 2006, had said, For deciding the question as to whether
1. Test of office one is holding an office of profit or not, what is
 Any job or post under government relevant is whether the office is capable of yielding a
 Who is appointed by authority profit or pecuniary gain and not whether the person
 Who remove actually obtained a monetary gain…
 Term and conditions  If the office carries with it, or entitles the holder to, any
 Source of salary pecuniary gain other than reimbursement of out of
 All are checked pocket/actual expenses, then the office will be an
2. Test of profit office of profit for the purpose of Article 102 (1)(a).
 If there is any pecuniary gain or not  Recent instances of disqualification of legislators for
 Anything like salary, allowances or any other holding office of profit?
form  In March 2006, President APJ Abdul Kalam
 For example disqualified Jaya Bachchan of the SP from Rajya
Sabha with retrospective effect from July 14, 2004,
 Jaya bacchan 2006
for holding an office of profit as chairperson of the
 she was made head of UPFDC
UP Film Development Council.
 If both are applicable then disqualification occurs or
 In January 2015, UP MLAs Bajrang Bahadur Singh
happens
(BJP) and Uma Shankar Singh (BSP) were
 Why should an MLA or an MP not hold an office disqualified from the assembly after they were
of profit indicted by the Lokayukta for bagging government
 According to Articles 102(1)(a) and 191(1)(a) of the construction contracts by misusing their position
Constitution, an MP or MLA is barred from holding
 CONDITIONS PRESIDENT OFFICE(59)
an office of profit as it can put them in a position
 If a member of parliament or MLA is appointed as
to gain a financial benefit.
president seat in house automatically vacates
 A person shall be disqualified for being chosen as,
 Parliament by law shall determine the salary
and for being, a member of either House of
 Salary cannot be reduced during his term therefore
Parliament,
parliament has enacted “President emoluments and
 (a) if he holds any office of profit under the
pensions Act 1951”
Government of India or the Government of any
 Current salary is 5 lakh per month
State, other than an office declared by Parliament
by law not to disqualify its holder.  TERM OF PRESIDENT ARTICLE 56
 Under the Representation of People Act too,  5 year terms starts from date of oath
holding an office of profit is grounds for  Oath:- administered by chief justice of India or any
disqualification senior most judge of supreme court appointed by him
 According to the definition, what constitutes an in absence
‘office of profit’?  No upper limit on the number of terms
 The law does not clearly define what constitutes an VACANCY ACTING PRESIDENT
office of profit, but the definition has evolved over the 1. Expiration of term Election before vacancy till oath
years with interpretations made in various court same president acts as president
judgments. 2. Death  For 2 to 5 all same process
 In 1964, the Supreme Court ruled that the test for 3. Resignation to VP  Elections within 6 months
determining whether a person holds an office of profit & VP  Vice president acts as
is the test of appointment. Several factors are communicates to President
considered in this determination including factors such speaker  VP acts maximum 6 months
4. Impeachment (61)  If VP is not available or
as:
5. Otherwise vacant then CJI acts as
(i) whether the government is the appointing authority, a) Disqualified President
ii) Whether the government has the power to b) Election void  If not CJI then Senior most
terminate the appointment, judge of SC
 Order:- P  VP  CJI  Senior most Judge position as the king under the English Constitution. His
 Source of this order place in the administration is that of a ceremonial
 Not written in constitution device on a seal by which nation’s decisions are made
 Written in parliament law called “president known
discharge of duties Act 1969” 5. Moreover, The President’s role as a constitutional head
 Note is also reflected in his indirect election.
a) If vice president it is absent no one can act as vice 6. However, the president has discretionary powers
president even not deputy chairman of Rajya where the president acts by the application of his own
sabha mind and not on the advice of the Council of ministers.
b) If a President is absent president decides to For instance, he has the right to be informed under
outsource the work or not or to whom article 78 about information relating to the affairs of
the union and proposals for legislation.
 CONSTITUTIONAL POSITION OF 7. Like the British crown, the role of the President is to
THE PRESIDENT:- advise encourage and warn ministers in respect of the
recommendation which they make.
1. India has a Parliamentary form of government where
8. His role is at best advisory where he may act as a guide,
the President is a nominal head, and the prime minister
philosopher and friend to the ministers but cannot
is the real head. (It is fundamental to the Westminster
assume to himself a role of their master which is
system that the cabinet rules and the Queen reigns.)
assigned to the Prime Minister.
2. Important articles are 53, 74 and 75.
9. Therefore, the Constitution intends that the President
 As per article 53, the executive power of the union
should be a centre from which his beneficial influence
vested in the President.
should radiate over the whole administration and not
 However, as per article 74, he shall exercise these
that he should be the focus or centre of any power
powers on the aid and advice of the council of
ministers headed by the Prime minister. (42nd  Benefit of reconsideration of advice
amendment, 1976 bound the president and 44th  In October 1997, the cabinet recommended President
amendment, 1978 authorised the President to K R Narayanan to impose President’s Rule (under
send the advice for reconsideration, but he shall Article 356) in Uttar Pradesh. The President returned
act in accordance with the advice tendered after the matter for the reconsideration of the cabinet,
such reconsideration.) which then decided not to move ahead in the matter.
 Also, as per article 75, the Council of ministers Hence, the BJP-led government under Kalyan Singh was
shall be collectively responsible to the Lok Sabha. saved.
So long as the Council of Ministers has the  Again, in September 1998, the President KR Narayanan
confidence of the Lok Sabha, the President is returned a recommendation of the cabinet that sought
literally bound by its advice. the imposition of the President’s Rule in Bihar. After a
3. The constitutional position can further be couple of months, the cabinet re-advised the same. It
understood by the decisions of the Supreme was only then that the President’s Rule was imposed in
Bihar, in February 1999
Court.
 The Supreme Court in Ram Jawaya versus State of  BUDGET
Punjab, 1955 remarked that-  Annual financial statement
a. The president is only a formal or constitutional 1. The President shall in respect of every financial year
head of the executive and cause to be laid before both the Houses of Parliament
b. the real powers are vested in the Council of a statement of the estimated receipts and expenditure
ministers or the Cabinet. of the Government of India for that year, referred to as
 In Shamsher Singh versus State of Punjab, 1974, the annual financial statement.
the court remarked that whenever the 2. The estimates of expenditure embodied in the annual
Constitution requires the satisfaction of the financial statement shall show separately:
President for the exercise of any power or a. the sums required to meet expenditure described
function, it is not his personal satisfaction but the as expenditure charged upon the Consolidated
satisfaction of the council of ministers. Fund of India; and
4. The relationship was further elucidated by BR b. the sums required to meet other expenditure
Ambedkar who remarked that the president is mainly a proposed to be made from the Consolidated Fund
nominal figure head who represents the nation but of India, and shall distinguish expenditure on
does not rule the nation. He occupies the same revenue account from other expenditure

3. The following expenditure shall be expenditure appropriation out of the Consolidated Fund of India of
charged on the Consolidated Fund of India all moneys required to meet:
a) the emoluments and allowances of the President a. (a) the grants so made by the House of the People;
and other expenditure relating to his office; and
b) the salaries and allowances of the Chairman and b. (b) the expenditure charged on the Consolidated
the Deputy Chairman of the Council of States and fund of India but not exceeding in any case the
the Speaker and the Deputy Speaker of the House amount shown in the statement previously laid
of the People; before Parliament
c) debt charges for which the Government of India is 2. No amendment shall be proposed to any such Bill in
liable including interest, sinking fund charges and either House of Parliament which will have the effect
redemption charges, and other expenditure of:
relating to the raising of loans and the service and a. varying the amount or
redemption of debt; b. altering the destination of any grant so made or
d) Note the three follwoing:- c. of varying the amount of any expenditure charged
a. (the salaries, allowances and pensions payable on the Consolidated Fund of India, and the
to or in respect of Judges of the Supreme decision of the person presiding as to whether an
Court, amendment is inadmissible under this clause shall
b. (the pensions payable to or in respect of be final.
Judges of the Federal Court, 3. Subject to the provisions of articles 115 and 116, no
c. the pensions payable to or in respect of money shall be withdrawn from the Consolidated Fund
Judges of any High Court which exercises of India expect under appropriation made by law
jurisdiction in relation to any area included in passed in accordance with the provisions of this article.
the territory of India or which at any time
before the commencement of this
 IMPEACHMENT OF PRESIDENT(61)
Constitution exercises jurisdiction in relation  ARTICLE 61 IS CALLED A DEAD LETTER
to any area included in a Governors Province  “Impeachment” word is only used for president and for
of the Dominion of India; all others the word “removal” is used
e) the salary, allowances and pension payable to or in  Borrowed from US constitution
respect of the Comptroller and Auditor General of  Impeachment is a procedure in which legislature has
India; the power to remove president
f) any sums required to satisfy any judgment, decree  Others removal contains participation of legislature
or award of any court or arbitral tribunal; but ultimate power is in hands of president there
g) any other expenditure declared by this  Article 61 is not used even a single time so called dead
Constitution or by Parliament by law to be so letter
charged  GROUND FOR IMPEACHMENT
 Procedure in Parliament with respect to  violation of constitution however which Acts lead to
estimates violation not given anywhere in any law
1. The estimates as relates to expenditure charged upon  even no convention about violation of constitution in
the Consolidated Fund of India shall not be submitted president case
to the vote of Parliament, but only discussed in  so in general if he violets any article of the constitution
Parliament. then it is considered violation
2. Other expenditure (EXPENDITURE MADE FROM CFI)
 CONDITIONS FOR IMPEACHMENT
shall be submitted in the form of demands for grants to
 14 days prior house should notify the president
the House of the People, and the House of the People
 For proposal ¼ signature of total strength that house=
shall have power to assent, or to refuse to assent, to
{545×1/4. Or 245×1/4}
any demand, or to assent to any demand subject to a
reduction of the amount specified therein.  PROCEDURE UNDER ARTICLE 61
 Any of the two houses can put forward or prefer charges and
3. No demand for a grant shall be made except on the
thereby initiate impeachment
recommendation of the President.
 However 14 day notice has to be served to the president
 Appropriation Bills signed by ¼ of the total strength of the that house
1. As soon as may be after the grants under article 113  The house shall discuss charges and if it approves charges by
have been made by the House of the People, there majority of ⅔ of the total strength of that house
shall be introduced a Bill to provide for the  other house shall investigate charges or cause to charge to
be re-investigated

 After such investigation if the second house agrees to  It cannot amend constitution but it can alter or
charges and approves the removal by majority of the ⅔ total amend a tax law
strength of house then president shall be impeached  Therefore the president's power to promulgate an
 SOME FACTS ordinance is co-extensive with power of
 Violation of constitution has not been defined but if parliament to pass a law
president violates any of mandatory provisions of  However such power is to be exercised only in
constitution like not obeying advice of ministers then urgent circumstances
president shall be liable for impeachment
 The power to Promulgate an ordinance is not a
 President has right to be represented at such investigation
parallel power of legislation
conducted by the second house
 Exercised only on advice of council of ministers
 Vacancy will arise only when second house has voted for
impeachment  As per Lok sabha rules
 States do not participate in impeachment process  whenever an ordinance is tabled before the house
 Nominated members shall participate , the government needs to put forth the
 Impeachment is quasi-judicial Act of parliament circumstances that necessitated immediate
legislation through an ordinance
POWERS OF PRESIDENT  A discussion on an ordnance takes place and then
a bill replacing ordinance is introduced therefore
A. PROMULGATION OF ORDINANCES
parliamentary oversight is maintained
 President under article 123 & Governor under article
 If an ordinance is allowed to lapse then the Acts
213 and lieutenant Governor of three union territories
done and completed under the ordinance before
with assembly can promulgate ordinance which is
the ordinance ceases to operate and shall remain
temporary law to deal with urgent situation as well
fully valid and effective
parliament is not in session
B. RE-PROMULGATION
 Borrowed from “GOI Act 1935”
 It implies that same ordinance is promulgated over and
 Conditions
over again by the government without keeping it
 President should be satisfied that urgent
before the house
circumstances exist that require immediate Action
 Therefore, supreme court in DC wadhwa 1985 case
 Parliament should not be in session either session
has ruled as such re-promulgations are anti-democratic
of one house is going on other is not president can
pass ordinance  Judicial review
 Ordinance can be passed or approved within 6  SC in RC Kooper Case has ruled that judicial review
weeks of free assembly by the parliament is available only in a limited manner
 Note the following two points  However in Krishna Kumar Singh v/s state of Bihar

th
38 CAA-1975:- satisfaction of president was made 2017 supreme court has widened the grounds of
final and conclusive thereby beyond scrutiny of the review
courts  Ordinance can now be reviewed if it is passed with
 however 44
th
CAA-1978 deleted the above oblique motive
mentioned provision  The satisfaction of president or Governor has to be
based on some material
 lapse An ordinance
 If a President withdraws  Maximum duration of ordnance
 If not approved by parliament within 6 weeks  Maximum time for which an ordnance can be
when session starts implemented without being approved by the
 If resolutions are passed in both houses parliament
disapproving the ordinance  It is = { 6 months + 6 weeks }
 As 6 months is the maximum time gap between
 What can ordinance do
session of parliament or an assembly and 6 weeks
 Ordinance may have a retrospective effect
is the time of discussion with in them
 Ordinance has same force and effect as an Act of
parliament therefore is subjected to the some C. COMPARISON OF POWERS PRESIDENT V/S
limitations as a law passed by parliament is GOVERNOR
subjected to  President (72)
 For example an ordnance cannot violate basics  Has pardoning powers with respect to
structure or any other provision of constitution but  laws to which executive power of the Union
it may repeal or amend a law for even an another extends
ordinance  sentences inflicted by court martial
 only authority to grant Pardon if the law prescribes D. DISCRETIONARY POWERS OF PRESIDENT
death sentence {INDEPENDENT}
 Example(Laws):- NIA2008 (2019Amended) , UAPA 1967
 Term “discretion” is not mentioned in constitution for
 Governor (161) president but it is mentioned in constitution for
 Has pardoning powers with respect to governor under article 163
 laws which executive power of the states extends  Term “discretion” means president Acts by the
 has no power in sentences inflicted by court application of his own mind and not on the advice of
martial ministers
 has No authority to grant Pardon if the law  President has “discretion powers” implicitly
prescribes death sentence but has other similar
under certain articles and certain circumstances
powers like Reprieve , commutation
a) Under certain articles
 Example:- MCOCA-1993, GCOCA, UPCOCA
 Pocket and suspensive veto (111)
 If State law prescribes death sentence then both the
 Reconsideration of advice (74)
president and governor have pardoning powers
 Under article 78 the right to be informed by PM in
{except “Pardon” only it is in the hands of president}
any matter
 Therefore the president gets concurrent powers if
b) Under certain circumstances
punishment is death sentence
 Appointment of prime minister (75)
 SOME IMPORTANT FACTS  Hung parliament or in a situation PM dies in office
1. Both President and governor exercise the powers on and there is no obvious successor
the advice of ministers  Dismissal of council of ministers under article 75 if
2. Both do it independent of each other they cannot prove their majority
3. Both while discharging their powers do not sit as a  Dissolution of Lok sabha under article 85 if the
court of appeal council of ministers has lost majority
4. The petitioner has no right to an oral hearing by  Apart from above mentioned areas president has
president right to “warn” or “encourage” or “advise” the
5. President can examine the evidence afresh and take a ministers
view different to view taken by the court
 Dismissal:-
6. He is not bound to give reasons for his order  still in assembly
7. If an earlier petition has been rejected by president  not end of term
then state cannot be obtained by filling another  lost majority
petition no specific guidelines has been given by  government changes n-times
 Dissolution:-
supreme court for president and governor
 end of term,
8. Inordinate delay in disposition of a mercy petition of
 re-elections happen,
death sentence is a ground for “commutation’ of death  majority not proved
sentence
NOTE:- RELATED TO THESE FACTS E. VETO POWER FOR PARLIAMENT
 Supreme court judgment  The term “Veto” is not mentioned in the constitution
 if president is delaying, therefore most of the times  Source:-president drives veto power under article 111
supreme court analysing facts and can give
 Under Veto Powers President can prevent enactment
“commutation”
 Judicial review case for pardoning powers Hasty and unconstitutional laws
 Epurusudhakar vs Andhra Pradesh 2006  Under Article 111
 Supreme court has ruled that limited judicial 1. Assent given:- Bill becomes Act if assented by
review is applicable president
 Grounds of review are as follows 2. Absolute veto:- he can withhold his assent {
a) If order is passed without application of mind rejected, No}. exercises in following two
b) If order is malafide circumstances
c) If order suffers from arbitrariness a) Private membership bill
If order is passed on grounds wholly irrelevant or
b) If bill is passed by parliament and before the
extraneous to the matter
 Malafide:- when intent was wrong or deliberately president can assent The council of minister
order is given lose confidence in Lok sabha and resign and
 Arbitrariness:- means no logic behind order new government advises means new council
 Extraneous:- means decision has a logic but not on of ministers advice the president to exercise
facts of the given case so it would be irrelevant absolute veto

3. Suspensive Veto:- he can send the bill for a) Assent
reconsideration back to the parliament but if Bill is b) Withhold assent
returned he is binding to grant his assent c) send for reconsideration but if returns binding to
 There is no time limit with in which either of the pass
three Actions need to be taken by the president d) reserve the bill and refer the bill to the president
therefore he has also an another veto known as  constitution does not specify which type of bills
pocket Veto can be referred to the president
 Absolute and suspensive Veto signified Action by  therefore constitution only specifies that “if a bill is
the president reducing the authority of High court” then it has
 Pocket Veto signifies inaction by the president to be compulsory referred to the president
 He is not taking Action but he can take Action as yes or no in  Now article 201 applies in state Bills:-state bill goes to
future also when pocket Veto is used President referred by governor & he can
 Examples of pocket Veto
a) Assent
 1986 “Giyani zail Singh”- Rajiv Gandhi brought a bill
named “Indian post office amendment Bill” reducing b) Withhold assent
press freedom which is fundamental right c) send for reconsideration and state legislature has
 Giyani zail Singh used pocket Veto and did not take any to Act within 6 months and it is not binding for
Action president to give his assent after he receives the
 1989 president “Ramaswamy venkataraman” sent this bill except the money bill
bill for reconsideration( Acted ) but the PM “VP Singh”  Note:- President cannot have suspensive Veto over
parliament discarded the bill
money Bill passed by States
 24th CAA-1971:-
 CURRENT NEWS
 it is binding for President to give his assent to
constitution amendment Bill here no Veto is  Tamil nadu Government passed NEET exam
applied exemption bill
 For money bill he only can say “yes or no” but  RN Ravi the Governor did something wrong as by
cannot send bill back for reconsideration using “suspensive Veto” and now he has to give his
 Qualified Veto:- President of India does not possess assent as he is binding under article 200 after
qualified Veto unlike the United States President where reconsideration
the Veto of president can be overridden by  Some facts in this state bills concern
extraordinary majority of legislature and Bill becomes  Therefore scope of suspense Veto for the
an Act without the assent of president President of our state bills under article 201 is
VETO Discretion Or on Advice Bills much more than the bills passed by the parliament
USE of CoMs Art(111) as per Art(201) and he is not binding to
Absolute On Advice of CoMs Ordinary give assent
Financial
Money  The Governor under Art. 200 and President under
Suspensive Discretion Ordinary Art(201) have pocket absolute and suspensive veto
Financial
Pocket Discretion Ordinary G. PARDONING POWERS OF PRESIDENT (72)
Financial  assigned to president under article 72 and governor
Types of the bills under article 161
 Both exercise the powers independently without
Provisions Who introduces bill
interference of each other but on the advice of council
(what is
inside bill) of ministers
Ordinary bill Govt. bill by Council of ministers  The powers have been assigned to the president
Money bill Private member bill:- by them who are a) To correct any judicial error
Financial bill not CoMs of neither ruling nor opposition b) To offer relief from the sentence that the
Constitutional bill presidents regards unduly Harsh
F. PRESIDENT'S VETO POWERS OVER STATE 1. Pardon

 Remove the sentence completely and absolved the
BILLS
convicts from sentence
 under article 200 governor has referred the bill to the
2. Repressive
president and Article 201 shall come into Action only
 Stays the execution of sentence especially death
then
for a temporary period it is for the purpose to
 Bill passed by the state legislature Goes to Governor
for assent he can
enable the convict to have time to seek “pardon or  QUALIFICATION OF VP
commutation” from president  Citizen (either born here or acquired we don’t
3. Respite care)
 35 years
 It implies awarding a lesser sentence in place of the
 Qualified to member of RS
one original awarded sentence due to some special  No office of profit under centre, state, local Govt.
facts like physical disability of offender or pregnancy of  Note::- president ,VP, Ministers at centre,
a woman convict Ministers of state, Governor etc all shall not be
office of profit for elections of VP (they can
FUNCTIONS OF PRESIDENT participate without leaving or vacating)
 CONDITIONS (66) & ELECTION DISPUTE (71)
 EXECUTIVE  Same as President
a) All executive action in his name  According to “Presidential & VP Election Act 1952”,
b) Rules conditions are as following
c) Appoints: 1) PM, COM 2) A.G. 3) CAG, CEC,EC, FC  Nomination paper has to be subscribed by 20
proposers and 20 seconders
d) Seek info from rel. to admin of union and
 Security amount:- 15000/- , shall be fortified if
proposals for legislation from PM. th
candidate does not secure 1/6 of votes
e) Admin. UT, •  Election dispute can be raised by candidate or
f) Declare area as schedule “10” or more than “10” electors
 LEGISLATIVE  TERM & VACANCY (67)
a) Assent to bills  5 years & no upper limit of terms
b) Ordinances VACANCY TIMING OF ELECTION
Expiration Before the vacancy
c) Summons , prorogues, dissolves
Death As soon as possible
d) Nominates 12 in RS Resignation to P As soon as possible
e) Disqualifies MP under article Art 103 Removal As soon as possible
f) Addresses parliament Otherwise No time given
g) Send messages
 OATH(69)
 JUDICIAL  Art 69 Similar to Art 99 (oath of MP)
a) Pardoning powers  Oath shall be administered by the president or some
b) App of SC , HC judges person appointed by him
c) Seek advice from supreme court on any question  Removal of the VP (as compared with Art 61 of
impeachment of President ):-
of law or fact (No HC)
 there is no separate article for removal of VP
d) FINANCIAL  there are no grounds of removal
e) Money , fin bills  there is no detailed procedure
f) AFS, Demand for grants  only Rajya Sabha can initiate
g) Constitutes FC  majority required in RS =
h) Contingency fund of India  majority of all the then members (effective
majority)
i) Places before parliament report of FC, CAG, Other
 in the LS , constitution says agreed by Lok sabha (if
bodies
constitution not says it implicitly understood so
 VICE PRESIDENT (VP) simple majority is required)
 From US constitution  SALARY OF VP
 Article 63 ≡ 52 there shall be VP of India  Gets as chairman of the council of states (RS) (4 lakh
 Article 64= per month)
 VP Acts as Ex-officio chairman of council of states  Law:- the salaries & Allowances of officers of
(RS) , Parliament, Act 1953
 if the VP Acting president , he will not Act as  But when Acts as President takes as of President
chairman of council of states
 then deputy chairman Acts as a chairman
PRIME MINISTER (PM 75)
 Article 75 (all details also of council of ministers)
 ELECTION OF VP
 Head of the Govt (council of ministers CoMs)
 Only members of the parliament { all elected +
 First among equals (equals means CoMs){PRIMUS
nominated}
INTER PARES in Latin }
 States do not participate in VP election
 Keystone of the ARCH of cabinet
 Same election method that is
 PR + STV + SB
 APPOINTMENT
 No criteria of appointment is given
 Proportional representative + single transferable
 As a convention, the leader of single largest party or
vote + Secret Ballot
coalition is appointed as PM
 TERM:-  91st CAA-2003 {only for states and union} :-
 holds the office for the pleasure of the President,  Upper limit to the strength of CoMs
 Therefore can be removed by the president anytime &  Introduce CoMs for union under Article-75
has no security of tenure.  {For CoMs for state Art-164 is there}
 However, the removal will be exercised when the  For both CoMs for state and Union is 15% of total
CoMs have lost the majority strength of popular house {popular house means= LS at
 OATH centre , Legislative assembly at state}
 Administered by president  Lok Sabha= {15% of 545= 81.75 ≡ 81 maximum
 No separate oath swears in oath of secrecy or office as strength of CoMs , current 78 are there}
a CoM)  Note:- before 2003 there was no upper limit
 Note:- Schedule 3 has all the oaths except President  Why in 2003 needed :- Bihar case {Atal B.VajaPai
 SALARY OF PM realized and made CAA 2003 and set an upper limit of
 Determined by parliament by law CoMs at State and Union level}
 Salary & Allowances of Ministers, Act 1952  A Non-MP can be made a minister first and then within
 It only says about 6 months the minister has to become an MP from the
 He gets salary as of MP (determined under MP, Act time of Oath {like S.Jaishankara current first became
1954) Minister of external affairs}
 No separate salary as PM  If a member has been disqualified under the 10
th
 However, gets extra allowances like others and it schedule {Anti-Defection law} then he cannot be made
is varying a minister.
 Note:- Salary is determined of an MP by Salary &  However , if the disqualified member gets re-elected
Allowances of MP, Act 1954 to either of the two houses then he can be made a
 Article 78 FOR PM minister {within 6 months as seat gets vacant = by-poll
 It shall be duty of PM to inform the President about elections}
administration of affairs of Union & Proposals for  Note:- It tells Anti-defection law does not resist the
legislation disqualified member to contest again election as SC
 The president has the right to seek information from said by being disqualified his punishment is ended
the PM regarding administration of affairs of Union &  Note:- S.Y Qureshi:- CEC suggested that Anti-defection
Proposals for legislation law should be applied minimum for 6 years
st th
 The PM can direct the PM to keep before CoMs any  Note:- this 91 CAA-2003 also amends the 10
th
matter over which decision has been taken by the schedule . only occasion when we amended 10
ministers {individually} but not CoMs {collectively} schedule till now
 Lower Limit
 There is no lower limit at union level
 However at state level it is 12 CoMs as an absolute
number
 Problem as like GOA= 40 MLA seats and by 15%
rule only 6 members can be appointed but lower
limit is 12=understand it}
 UPPER LIMIT OF UNION TERRITORIES { UT}
st
 91 CAA-2003 does not apply here
 Delhi under Article {U/A} 239(AA)= 10% of total
strength of legislative assembly
 Puducherry = no upper limit
 Jammu & Kashmir:- J7K reorganization Act 2019 10%
of total legislative assemble
 President can use his discretion to seek information on  There is no lower limit
his own and can advise the PM
 COMPOSITION OF CoMs
 COUNCIL OF MINISTERS (CoMs)  Composed of
 WHO CAN BE A MINISTER 1. Cabinet ministers
 Given under Art75 2. Ministers of states (MoS)
 Means Member of Parliament (MP) a) Independent
 Both RS & LS b) Non-independent
 Both elected and Nominated 3. Deputy ministers
 Fact:- till now no one is made minister as a nominated  Source:-
member  generally is convention (not written anywhere) ,
 PM DECIDES  however in India the source is the law= “Salaries &
 Strength of CoMs Allowances of Ministers, Act-1952”
 Constitution only provides for maximum strength  According to Article-75
of CoMs  CoMs appointed by president on advice of PM
 Who gets what ? {portfolio}
 Holds the office for the pleasure of president  Only here the term “Cabinet” mentioned
 Oath shall be administered by the President and  1978 Morarji Desai was PM
they swear in oath of office and oath of secrecy  Function
{note meaning of secrecy here is that no one  Cabinet most important & highest executive
knows how the take decision , is by majority or not decision making body
. it represents oneness and collective responsibility  They participate or function through cabinet
and it should be presented before the lok sabha} meetings
 Parliamentary shall determine their salary by law
{“Salaries and Allowances of The Ministers
2. KITCHEN CABINET
Act,1952 as per which they get the salary as MP}
 Source
 Informal term
 Differences among three
 Not written anywhere
 Rank (high to low)
 Popular in UK, USA
 Allowances also vary
 Relative political importance
 Function
 India :- Indira Gandhi had closest members in
 Do they head ministry / hold independent
her kitchen cabinet
portfolio  PM would decide the members
1. Cabinet  Person has to be close to PM either be the
 Yes cabinet minister or relative or friend or
 Important portfolios bureaucrat
 Finance  They un-officially assisting the PM in decision
 Home making
2. MoS
 Yes
3. SHALLOW CABINET
 Not practiced in India (note it)
a) Independent portfolios  System is practiced in UK , it s very strong
1) MoSPI { The Ministry of Statistics and convention in UK
Programme Implementation}  LoP:- appoints members from the opposition
2) MoES { Ministry of Earth Sciences } parties in the shadow cabinet
3) MoS&T  Shadow cabinet “mirrors” the working of the
4) MoPlanning cabinet
 Apart from these 4 all are given to cabinet  Example mirroring each portfolio
ministers currently
Cabinet Shadow cabinet
b) Non-independent
Home Min Home min
 Work under cabinets ministers
Ext affairs Ext affairs
3. Deputy
Finance min Finance min
 No ministry
 Work under cabinet ministers  Merits of shadow cabinet
 Last made deputy ministers during Rajiv  Better accountability- You can hold the govt
Gandhi time accountable if you have shadow cabinet as if
govt fails you will have automatically and
 Do they participate in cabinet meetings
immediately cabinet is there
1) Cabinet:- yes
 Promotion of expertise
2) MoS:- only when invited
 It will train the opposition for future (provides
3) Deputy:- Do not participate
for a ready alternative govt)
 Prime Minister Holds  Promotion of “better counter policies”
 Ministry of Pension & Public Grievance  Note:- Write this cabinet in mains answer when the
 Department of Space (DoS) reforms in parliament form of govt is asked + add
 Department of Atomic Energy (DoAE) the point of less meeting only for 60-70 days in a
 Any ministry not allocated to a minister year which was less than 1980s-90s time as compare
 Note:- Deputy Prime Minister (D-PM) & CM in UK,USA there is an annual calendar of meeting of
 Terms not mentioned in Constitution cabinet
 Deputy PM and Deputy CM are ministers of  2005,Maharashtra:- BJP and Shiv sena had formed a
cabinet rank shadow cabinet
 However, they are at higher political importance
than cabinet ministers after PM or CM (it is a  CABINET COMMITTEES
convention)  Cabinet committees are different from parliamentary
1. CABINET committees (Note it very important point)
 Source
 Source
th  “Transaction of Business and Allocation of Business
 Term got inserted by 44 CAA-1978 inserted in
Rules ,1961” :- framed by president under Article-77 on
352
advice of PM and implemented by “cabinet secretary”
 Art-352:- National emergency shall be imposed
by president on written advice of the “cabinet”)
 For better functioning of the executive, by the CoMs, 3. LEGAL RESPONSIBILITY
these rules helping in allocation of business of  Is not given in Indian Constitution
executive i.e. the CoMs .  In India officially any CoMs has no legal responsibility
 These rules are segregating their work among ministers  In India CoMs are not responsible individually in court
 TWO TYPES OF CABINET COMMITTEEs of law as on the advice of ministers (Art-74)
1. Standing  It is prevalent in UK
 Are of Permanent basis  This responsibility is enforced into courts
 Cabinet ministers are members however, ministers of  Ministers can be held responsible individually in
state cab be members or participate if invited as court of law for any particular action
“special invitees”  In UK , the queen cannot perform any public act
 If PM is the member of cabinet committee he without the counter signature of the respective
automatically chairs it minister of that department
 PM decides  Therefore the minister counter signs the action
 composition taken by the queen and thereby is legally
 number and responsible and can be sued in the court of law
 strength of each cabinet committee  In India the executive actions are taken by the
 They are further 8 in number “President “ and there is no counter signature done by
 Recently (2019) two new cabinet committees were the minister as per Article-77, the president can decide
formed how his orders have to be authenticated and thereby
a. One is cabinet committee on investment & growth can make rules. Also the courts are barred from
nd
b. 2 is employment & skill development enquiring into the CoMs. Therefore no legal
 PM is not member of responsibility
a. Cabinet committee of accommodation
b. Cabinet committee on parliamentary affairs
 NOTE MAIN DIFFERENCE NOW
 Function of cabinet committees 1. PARLIAMENTARY FORM OF GOVT (LIKE IN
 Cabinet committees assist and advice the cabinet INDIA)
In decision making  Also known as
2. Adhoc  responsible govt
 For temporary basis  Cabinet form of govt
 Westminster type of govt
 RESPONSIBILITIES OF CoMs  Priministerial form of govt
 The CoMs are Answerable and accountable for the  Relative position of the president
actions taken by them to several institutions  Dual executive (heads):- PM (real head)and
1. COLLECTIVE RESPONSIBILITY President (nominal head)
 As per Article-75 , the CoMs are collectively  Leader:- the PM
responsible to the Lok Sabha (not the Rajya Sabha and  How strict the separation of power is
not the parliament note it). Clearly given in  Less strict
constitution note it  As executive is derived or part of legislature
 Note:- Generally we use like executive is responsible to  Means PM has no term of PM and CoMs
legislative and parliament in parliamentary form of (executive) is responsible to Lok sabha(legislature)
govt, but according to constitution (source) is asked {means PM is derived from Legislature}
then they are only responsible to Lok sabha (note it if  There is rule of majority party or coalition in Los
source is given or general is asked ) Sabha
 Collective responsibility means the CoMs represent the  CoMs swear the oath of secrecy representing the
one unit and they work as a team and they swim and oneness to lok sabha
sink together  Lower house has a term of 5 years but can be
 It also implies that a one minister cannot disagrees dissolved by the president
with CoMs, if he disagrees then he has to resign  Merits
 Example:- Harsimrat kaur badal (food minister )  Responsible govt (debates, discussions, questions)
resigned  Better co-ordination b/w executive and legislature
{as members in the executive or Ministers come
2. INDIVIDUAL RESPONSIBILITY from majority party in the lower house}
 Article-75, a minister (0ne) can be removed by the  Wide representation in executive :- as caste,
President as he is holding the office for the pleasure of religion, everything is told when choosing a
the president. minister in newspapers to represent these but the
 Therefore, he is individually responsible to the bad thing is that this is the govt of “Amateurs”
President  Avoids concentration of power
 Example:- Dr.Harshvardhan (former health minister),  Ready alternative government
he had to resign himself , but if he would not have  Demerits
resigned then on advice of PM, president makes him  Unstable govt (especially coalition)
resign  Lack of definiters in policy

 Dictatorship or tyranny of cabinet {when having Note:-No matter what is the substance there is always
majority} (in every moment)
 Efficiency is compromised because of less strict  Caretaker govt is a temporary govt that performs the
separation of powers functions till the new govt takes over. Therefore it is a
2. PRESIDENTIAL FORM OF GOVT (USA) STOP-GAP arrangement
 Also known as  Circumstances when we have a caretaker govt
 Stable government a) CoMs if they have lost the confidence or resigned
 But non-responsible govt b) If Lok Sabha is dissolved
 Relative position of the president  In these circumstances , the previous govt shall act as
 Single executive as president is head of state and caretaker govt
govt  If the PM,CM dies in office , the entire CoMs go with
 President in USA is the head in theory and practice him, but party have still majority and President
 Therefore there is concentration of power in the appoints as acting PM,CM and there be no CoMs (note
president’s office it)
 Leader:- PM  A caretaker govt should advice on day-2-day
 How strict the separation of power is administration matters only & not on policy matters
 Strict in USA  How to differentiate b/w day-2-day matters and policy
 Executive is not derived from legislature , they are matters
both separate  Full discretion of president
 President has an Independent term and can be B. INTERIM GOVT
removed only by impeachment {as it is directly  It is temporary and transitional govt that functions
elected by People for president candidate} when a nation undergoes change in constitutional or
 No executive responsible to legislature or non- political setup
responsible executive is here in USA means the {Example 1947-1952 India, Now In Afghanistan –
secretaries in USA are appointed by the president Taliban}
and they hold the office as long as the president  Usually or normally a country has an interim govt only
wants, they are not members of legislature and once {like when there the time of getting
thereby are not responsible to the legislature or independence for making a constitution, whether it is
congress) elected or non-elected}
 No such “rule of majority party” in the popular
house or people’s house  PARLIAMENT (PART-V,79-122)
 No oath of secrecy is there  COMPOSITION OF PARLIAMENT (79)
 Lower house cannot be dissolved by the president
 Parliament shall be composed of
 Merits
a) President= (member )
 Stable govt
b) House of people= (people)
 Definiteness in policies
c) Council of states= (Federal or federation)
 Govt of experts
 Note:- constitution does not mention Lok sabha and
 Strict separations of powers reach to efficiency in
Rajya sabha (note it), however they were adopted as
administration
Hindi translations in 1954, the idea is officially in laws ,
 Demerits
rules we can use Lok sabha, Rajya sabha but in
 Non-responsible executive
constitution we use house of people and council of
 Too much concentration of power in president
states
 Narrow representation in executive or spoils
 Popular terms for Lok sabha
system {persons are given offices on basis of near
a) Popular house
proximity of president = spoils system}
b) Populist house
 Frequent deadlocks b/w executive and legislature
c) People’s house or house of people
 WHY THE INDIA ADOPTED PARLIAMENTARY d) Lower house
FORM:- e) House of representatives
 Constituent assembly chose “responsibility of  Popular terms for Rajya sabha
parliamentary form over stability of presidential form” a) Federal house
 Familiarity under colonial rule b) Upper house
 Better suited for a heterogeneous society c) Elder’s house
th th d) Intellectual house
…………7 class ended,8 started………
e) Permanent house
Do you really think that council of ministers can be held  Note- both Rajya sabha and Lok sabha are equal in
responsible by the legislature in the light of the above statement
power , except the matter that relate to money
do you think that we should adopt presidential form of govt?
 As per 79 the president is the constituent part of the
 CARETAKER GOVT V/S INTERIM GOVT parliament as he has been assigned legislative
A. CARETAKER functions by the constitution like
 SC has ruled that there shall always be CoMs to aid and a) Article 111
advice the president (Article 74) b) Art 123

c)Art 87- the president at the start of :-  Note:- only 3 UTs (Delhi, Puducherry and J&K have
a. First session of the year representation as they have legislative assemblies ,
b. First session after elections, jointly addresses therefore are like states (Quasi states)
both the houses assembled together How PT usha, Sachin tendulkar, Mary Kom Made
 President send messages to the house on a pending bill RS member as they are from sports:- bonafide oh
or otherwise, therefore the president is an integral part president cannot be challenged (SC said) and 12
of the parliament which does not imply that he is a means it is binding for president to have 12
member of parliament members always at RS
 FUNCTIONS OF THE PARLIAMENT 2) Reservation of seats for SCs and STs
1) Legislative function  No reservation
 Parliament is the only authority or institution that can 3) Election of seats of Rajya sabha(Art-80)
make laws for the Union or center  The members from states shall be elected by elected
 It can make law under members of legislative assembly (Nominated MLAs
a) union list, don’t participate, Legislative council does not
b) state list (under 249, 250, 252, 253,presidents rule) participate)
c) concurrent list  Members from the UTs shall be elected in a manner
2) constituent function that parliament shall determine by passing the law
 parliament only authority to amend the constitution  Therefore the parliament has enacted “RPA-1950”as
3) Accountability function per which the members of legislative assembly elect
 They hold the executive accountable by the members in the RS
a) questions,  Manner of election:-Proportional Representative by
b) discussions, single transferable vote (PR + STV) (voting is by open
c) motions ballot)
d) resolutions 4) Term of the house {Art 83(1)}
e) budget (important)  The RS shall not be subject to dissolution {therefore it
f) parliamentary committees is a permanent house}
rd
4) Deliberative function  As nearly as possible 1/3 of the members shall retire
 On matters of public importance as representatives of at the end of 2 years.
citizens  {how to choose was the problem , As the term of a RS
 Therefore, they represent mini-nation in action MP is 6 years (RPA1951), when RS had its first sitting in
5) Elective functions May 1952, this was the only occasion when all the
a) Parliament elects the president and the vice members entered on the same day in history of RS, so
president after two years may 1954 , lottery system was used by
rd
b) Lok sabha elects the speaker and deputy speaker the President to identify which 1/3 had to retire, and
c) Rajya sabha elects deputy chairman then have replacement from respective states, in may
rd
6) Removal functions 1956 second 1/3 lot of initial MPs vacated with same
 Parliament removes president and vice president manner and ever since 1956 the cycle of full 6 years
 Lok sabha removes speaker and deputy speaker started in order}
 Rajya sabha removes deputy chairman  RS doesn’t have a term, but the members have
rd
 Parliament participate in the removal of  In RS , unlike the Lok sabha, 1/3 a lot retire at the
a) SC and HC judges same time
b) CAG
c) Chief election commissioner
 The authorities removed like SC and the HC judge
 POWERS LOK & RAJYA SABHA

A.THE RAJYA SABHA OF INDIA
1) Composition
 Art-80:- RS shall be composed of
a) Not more than 238 members from states and UTs
b) 12 members nominated by president from
literature, arts, science & social service {no sports
note it}
c) Therefore we only know the maximum strength
(238+12=250),
th
d) but the present strength (245) is given in the 4
schedule of the constitution where the seats have
been allocated on the basis of population

 Note:- in RS there is “open” voting, and need a quota.  Members from the UTs shall be elected In a manner as
Resort politics happen in this voting the parliament shall determine by passing the law:-
Union Territories (direct elections to house of people)
B. THE LOK SABHA OF INDIA Act (as per which the members are elected in the same
1) Composition manner)
 Art-81:-LS shall be composed of  VERY IMPORTANT DISCUSSION NOTE IT
a) not more than 530 members from states and  Territory:- is a geographical term means area
b) not more than 20 members from UTs within a defined boundary
c) Subject to Art-331:- 2 Anglo-Indians can be  Territorial constituencies:- area within a defined
nominated by the president if he thinks they are boundary where one member wins the election
under-represented {Anglo-Indian, in India, a citizen  Number of seats and boundary = not in
of mixed Indian and, through the paternal line constitution
(father only), European ancestry.}  Constitution is just giving two important ratios it
d) Art-81 gives us maximum strength says Number of seats shall be decided by some
e) But Present strength is as per RPA-1950, which is authority and it has to keep in mind that
543+2= 545 strength = must be same (Practically)
 Note:- All the UTs have representation in the Lok
and then the boundary of constituency is:-
Sabha along with states

 104 CAA 2019:- ceased the reservation of seats for
the Anglo-Indians in the Lok Sabha and State ( here
Legislative Assemblies and extended the census 2001 is used in states (note it)
reservations for SCs and STs for up to ten years.  2001
The bill attempted to amend the Constitution's  This is the task performed by Delimitation
Article 334. commission (not in constitution, but gets its power
from a law= Delimitation commission Act
2) Reservation of seats for SCs and STs
 This Act was enacted in 4 times in past
 Seats have been reserved for SCs and STs but not for
 1952, 1962, 1972, 2002
EWS,OBC,WOMEN
 Note:- According to the 84th Amendment Act of
 Seats have been reserved under 2001 census and de-
2001, the constituency borders were frozen until
limitation commission decides
the first census after 2026, or at least until after
a) the number of reserved seats along with
2031. The 1971 census served as the foundation
b) allocation of seats among states
for the current Lok Sabha's seat allocation
Note:- reservation for SCs and STs and nomination of  1971census :- used in Inter-states
Anglo-Indians were for temporary basis .  2001 census:- used within states
Note:- Art 331 for president= 2 Anglo-Indian with advice of
 Why not 2011:- As it is administratively very
PM, if he felt they are under-represented
heavy task, as like in J & K, delimitation
Note:- Art 333 for governor =1 anglo India with CM, if he
commission took 2 years just for state to decide
felt they are under-represented
th boundaries. and it took 6 years for it for whole
 26 Jan-1950= Constitution implemented, from this
country from 2002-2008 also.
date the constitution gave reservation for them for
 Both states and Lok sabha constituencies are
temporary basis for 10 years , therefore it would have
th demarcated at same time on the basis of
ended at 26 jan 1960 as per initial constitution
population along with taking considerations of
 But parliament has been extending these clauses at
physical features (like mountains etc )
every 10 years by just changing the dates
 In LS under Art-81, the number of seats shall be
 Every 10 years it has been extended
th decided in such a manner that the ratio of number of
 Interestingly 95 CAA 2009 extended reservation and
th th seats divided by the population shall be practically the
nomination from 25 jan 2010 to 25 jan 2020
th th th same for all the states and each state shall be divided
 17 June 2019:- this provision (25 jan 2010 to 25 jan
into territorial constituencies in such a manner that
2020) was applicable and since it was applicable, when
th population of each constituency within state divided
counting present strength of house (17 Lok sabha),
by number of seats must be practically same within the
president was allowed to nominate 2 Anglo-Indians,
state. {therefore the constitution ensures inter-state
but these two seats were considered to be vacant (it
and intra-state uniformity in representation)
means they are automatically being added) th th
th ……8 ended, 9 started……..
 104 CAA-2019:- the clauses of reservation till 25th 2030
did not get extended, which means now beyond the cut-off  As per Article 82:- upon completion the number of
date, the president and governor have lost the power of seats allocated to the states & the division of each
nominating anglo Indians (so till then it is 543 present state into territorial constituencies shall be readjusted
th
strength). So when the 18 LS meet at June 2024, then by such authority and in such a manner as the
present strength of LS will be 543 (also implemented in parliament by law shall determine {therefore, the
States) parliament has enacted delimitation commission Act,
3) Election of seats of Lok sabha(Art-81) 1952, 1962, 1972, 2002 and prescribed the powers to
 Members from the states shall be “directly elected” from the commission.
territorial constituencies (representing the states) and
 CSP 2011:-refer the handout number 3 1951. Therefore, they operate as additional
 Why did the delimitation appointed for J&K ? qualifications
 Seats are decided for lok sabha and state assembly, but a) 102(1)
for J&K only assembly seats are discussed in  Who disqualifies :-
delimitation for J&k, basically there was Art370 says  in this case president under 103 disqualifies under
that entire part –VI was not applicable for J&K and any advice of election commission & advice is binding
article can be extended only by presidential order. Now  Criteria
president in past had extended the provisions of Indian
1) Unsound mind and declared so by the court
constitution including Article 82 to decide the number
2) Un-discharged insolvent { The learned Judge goes
of seats in Lok sabha.
on to observe that an insolvent is a person who is
 Now 370 was abrogated so for the first time Indian
unable to repay his debts and as long as he
delimitation for J&K, assessing.
remains in that position he is an undischarged
4) Term of the house {Art 83(2)} insolvent, that is, as long as he has not discharged
 Unless sooner dissolved the term of the lok sabha shall
his debts he is an undischarged insolvent.}
be 5 years from the date of first sitting {not from oath-
th th 3) If citizen of a foreign state, or owes allegiance to
note}{17 lok sabha first sitting was on 17 of june
foreign state {An oath of allegiance to a foreign
2019, end on same day 2024} {president dissolves
state is often taken in connection with
under Art-85 on the advice of CoMs}
naturalization, service in the armed forces of a
 During the national emergency the term of lok sabha
foreign state, or some other act that is also, in
can be extended
itself, potentially expatriating}
a. 1 year at a time by the parliament by passing a law 4) Should not hold an office of profit under union or
{there is no upper limit on the number of
the state govt except the officers exempted by the
extensions}
parliament by law.
b. As per the article such extension will seize to 5) Parliament by law may prescribe additional
operate when 6 months after the emergency ends
criteria for disqualification.
{elections must be within 6 months from when the
emergency ends}  Parliament has enacted the flowing laws
 Members of parliament {prevention of
 Part XVIII
disqualification} Act 1959 & it exempts the
 Art 352
following
 Art 356
 Art 360
a) Territorial army
 All three emergencies are proclaimed by president
b) Chairman of NCSE & NCST
{but on advice of CoMs} and all three are revoked b) 102(2)
by president  Criteria:-
 But only in National emergency Both Lok sabha  if disqualified under TENTH SCHEDULE {anti-
and any state legislative assembly term can be defection law- term not in constitution}-, presiding
extended {note it} officer (speaker, chairman) disqualifies.
 It can be extend to infinite numbers , but have to
B. THE CRITERIA OF DISQUALIFICATION
take extension after every year
 Same thing happened in 1975 in India UNDER “RPA 1951”
 Note:- Expiration of 5 year term leads to 1) Criteria are in nature of certain crimes given under the
automatic dissolution of lok sabha law
2) The disqualification is for the convicted and not
 QUALIFICATIONS ART 84 FOR MP ACCUSED {6 months before election date
1) Citizen announcement accused must be convicted etc}
2) Age :- 25year for LS, 30year For RS 3) Disqualification is automatic means there will be no
3) The candidate has to subscribe to an oath in front of an one disqualifying, disqualification will start from date
“officer of election commission” {mostly a returning officer}
of conviction
{this is a candidate oath , different from oath of MP i.e Art
99} 4) Member of the candidate is disqualified for a period of
4) The parliament by law shall prescribe additional qualifications the Sentence or duration of the punishment + 6 years.
 Additional qualifications under RPA 1951 The 6 year period can be reduced by Election
commission (not sentence , only after sentence
 The candidate should be a registered elector in any
duration 6 years )
constituency of India {simply you should have a voter
card} 5) Crimes /offences that lead to disqualification
 To contest a reserved seat for SC or ST, candidates a. If convicted under any law , where the punishment
needs to be from that community but a registered is more than 2 years
elector in any constituency of India b. If convicted for social crimes like dowry, sati,
untouchabality
A. ARTICLE 102:- {important for MP} c. Convicted for bribery
 Note:- apart from the qualifications given under the d. Corrupt practices or electoral offences {like booth
constitution and RPA , the candidate also needs to capturing}
ensure that he is not disqualified under 102 & RPA
e. Promoting enmity b/w groups {like 153(A) of IPC is period as the president shall specifies in the rules ,
clearly given offence in law} the seat in the parliament shall (automatically)
f. If convicted under the following laws vacate.
 UAPA 1967  {under prohibition of simultaneous membership
 POC 1988 rules framed by the president ,the period is 14
 NDPS 1985 days}
 Places of worship Act 1991  Note:- there is a “committee on absence of
 Note:- If you are convicted from b to f m, are clearly members” is there to examine absence of
mentioned in law, so duration is not considered in members only in Lok Sabha
these matters either it is less than 2 year ,  VACANCY UNDER RPA-1951:-
disqualification automatically happens for a convicted a) If a person is elected to both LS and RS, He needs to
of these offences inform within 10days which seat he wants to retain
6) Other criteria under RPA 1951 otherwise the seat in the RS shall be automatically
a) Should not be a contractor for provision of goods vacated.
and services for govt {example of hemant soren b) If a member of one house is elected to the other then
case of Jharkhand as CM} the seat in the first house shall be automatically
b) Cannot be a secretary or manager in a company vacated.
where the Govt has more than 25% share in c) If a person is elected to two seats in the same house
capital then he needs to inform within 14days which seat he
c) Filing false electoral expenses {on this basis for 3 wants to retain otherwise both the seats shall be
years disqualification period} (automatically) vacated.
SUMMARY IF SOMEBODY HAS TO CONTEST THE ELECTION  {Two seats means like Varanasi and Vadodara ,PM
Contest election:- 84, 102, RPA 51 Modi contested and got elected}
Disqualification:- 102 (1) & 102(2), RPA 1951  From how many seats a candidate can contest
th th
…………………9 ended,10 starts………………. election?
 Answer:- before late 1990s, theoretically there was no
 VACATION OF SEAT BY M.P:- limit of filing nomination. After 1997 when RPA got
 Bi-poll:- Any election happening for a causal vacancy is amended, Present day as per Section-33 (7) of RPA-
called bi-poll 1951, a person now can fill only nomination from two
 Vacancy  timing of bi-poll  6 months (within 6 seats and can contest from these. Why two because of
months every causal vacancy has to be filled , Source is considering following:-
RPA-1951) a) By-poll cost
 Exceptions:- bi-poll must happen within 6 months b) Betrayal of trust (reposed by citizens) (who elects
except under two conditions you and you vacates)
a) If less than 1 year (< 1 year) is left in the term c) Violation of principle of one-person-one vote.
b) If Election commission certifies that elections B. ADDITIONAL CIRCUMSTANCES
cannot be held. {for example during corona, during a) Death
any disaster, EC mostly postpones this 6 months’ b) If elected as president or vice president
time ) c) If nominated as Governor
 New elected candidate :- the candidate who wins the d) Election is declared void by the HC (as per RPA-1951
bi-poll serves the remainder term (not again full time) note it, HC not get this power from constitution but
 CIRCUMSTANCES LEADING VACANCY:- from RPA-1951). For example, Indira Gandhi’s election
A. CIRCUMSTANCES UNDER 101 was declared void by Allahabad HC
a) Disqualified e) If expelled from the house
b) Absent for more than 60 days without the permission EXPULSION SUSPENSION
of house, while calculation of the 60 day period: no vacancy happens No vacancy happens as it is
account shall be made for the days where the house temporary
has been prorogued or adjourned for more than 4 days Who house Presiding officer
(>4 days) Period ___ Maximum period of suspension is
c) Resigns to the presiding officer and he accepts only if it the reminder of the session.
voluntarily and genuine on the basis of a report or In RS, the house has the powers
otherwise and after making such enquiry as he thinks is to suspend a member for
fit reminder of the session
d) (Double membership) (Note: the “word double  Note:- in Total:- 9 (4 under 101 in constitution + 5
membership” is not in constitution but the following additional) circumstances that lead to vacancy.
provisions are i.e. under 101)
a. No person shall be a member of both the houses  SOME IMPORTANT ARTICLES:-
of the parliament and the parliament by law shall
 ARTICLE-98:-
make a provision for vacancy.
 Each house shall appoint its secretarial staff
b. No person shall be a member of the parliament
and state legislature at the expiration of such
 ARTICLE-99  In constitution it is written as
 Oath of MP, shall be administered by the president or 1) Each House of Parliament may make rules for
some person appointed by him regulating, subject to the provisions of this
 In LS:- the president appoints PRO-TERM speaker. Constitution, its procedure and the conduct of its
֍ PRO-TERM SPEAKER FUNCTIONS:- business.
a) This Pro-term speaker administers the oath of MPs 2) Until rules are made under clause (1), the rules of
b) Oversee election of speaker procedure and standing orders in force
 Note:- PRO-TERM speaker is a temporary office. immediately before the commencement of this
 Usually the senior most MP, he could be from either Constitution with respect to the Legislature of the
party. Dominion of India shall have effect in relation to
 ARTICLE 100 Parliament subject to such modifications and
adaptations as may be made therein by the
1) Quorum :- minimum strength required to perform the
Chairman of the Council of States or the Speaker
business
of the House of the People, as the case may be.
 Business here means:- bills, discussions, motions,
3) The President, after consultation with the
resolutions , whatever the house is doing in session
Chairman of the Council of States and the Speaker
 Quorum:- until parliament provides by law, the
th of the House of the People, may make rules as to
quorum is 1/10 of the total strength of the house
the procedure with respect to joint sittings of, and
2) If the quorum is not there then the presiding officer
communications between, the two Houses.
shall suspend or adjourn the proceedings
4) At a joint sitting of the two Houses the Speaker of
 Will you include the speaker in the quorum the House of the People, or in his absence such
 Speaker is a part of quorum as he is the Member
person as may be determined by rules of
 Will you include Chairman in the quorum
procedure made under clause (3), shall preside.
 No , chairman is not counted in quorum as he is not
the member of house  ARTICLE-120
 Language to be used in the house :-
 (Which majority is required):- save as otherwise
a) English or Hindi,
provided by law. The matters at any sitting or joint
b) Mother tongue (if the presiding officer permits)
sitting of the house shall be determined by majority of
members present and voting excluding the vote of
presiding officer, who shall vote in case of equality of
 PRESIDING OFFICERS (OFFICERS
votes (Casting vote). OF THE PARLIAMENT)(89-98):-
 Note:- Save as otherwise provided by law simply  Official sources use the term :- Officers of Parliament
means that any other source given you the majority (it does not imply IAS, IPS or bureaucrats or any
(e.g impeachment majority) then you follow that secretariat staff , they are presiding officers)
number and where majority has not given then you  In LS:- speaker, Deputy speaker, panel of Chairpersons
need majority of members present and voting (means (10 members are there)
simple majority).  In RS:- Chairman , deputy chairman, a panel of Vice
 Note:- casting vote incident has never happened till chairpersons (6-of them are members)
now in LS.  Mentioned in constitution:- speaker, Deputy speaker,
 As per Article-88:- the right to speak and take part in Chairman , deputy chairman
the proceedings of both the houses of the parliament  Mentioned in rules of relative houses:- panel of
without the right to vote is with Chairpersons (10 members are there), a panel of Vice
a) Council of ministers (CoMs) chairpersons (6-of them are members)
b) Attorney General  Term deputy does not imply that they are subordinate
 Right to vote to CoMs is only to that house in to the speaker or the chairman, it only implies that the
which they are ember but can speak and take part deputies will perform the function if the speaker or the
in the proceedings of both the houses chairman cannot
 ARTICLE-104  All presiding officers are first members of house
 There shall be a penalty of Rs.500/day when th th
…………………10 ended,11 starts……………….
a) Disqualified MP Speaker Deputy Chairman Deputy
b) Non-qualified person speaker (V- Chairman
 A person elected but not taken the oath , sits and President)
votes in the house Is yes yes No yes
 ARTICLE-104 he/she
 Parliament shall determine the salaries of MPs by law membe
r
(therefore the parliament has enacted salaries and
Oath No No No No
allowances of MPs Act-1954)
(no oath for (no oath (no oath (no oath
 ARTICLE -118 speaker but but takes but takes but takes
 In simple words:- Each house shall devise its rules takes oath oath as MP oath as the oath as
of procedure and conduct of business (therefore as MP under VP- Vice MP)
under Article -99) president)
LS + RS have framed their rules under this article)
Article -99) Borrowed

this b) To remove any of the above mentioned four a
concept prior 14-day notice needs to be served
from USA c) (CSP-2022 Exam):- As per the rules of the house
Election LS (only) LS (Only) Gets RS (only)
elected
the date of the election of the speaker is
As VP by LS determined by the president and the date of
+ RJ the election of deputy speaker is determined
Vacation 1-Resign to 1-Resign to 1-vacates 1-Resign to by the speaker As a convention, the speaker
Deputy Speaker as chairman is from ruling party and deputy speaker is
Speaker 2-if he is V- 2-if he is
2-if he is no no more president no more
from opposition
more MP MP (all -9- (all the five MP (all -9-  IMPORTANCE OF PRESIDING OFFICER
(all -9- Conditions Conditions Conditions  Refer to hand-out (CSM-2022)
Conditions) ) ) )
3-if (as MP)
removed
3-if
MP)
(as 3-if
MP)
(as
LIST OF IMPORTANT POSTS
removed removed 1. Leader of opposition (LoP) (CSP-2018-Exam)
 Read yellow book or laxmikanth
Removal By LS (with By LS (with Removed By RS (with
 Read source (where are they mentioned and
Effective Effective as V- Effective
Majority) Majority) president Majority) where do they get powers)
(by  Read functions and powers
effective 2. Leader of the house
Majority in
 Read yellow book or laxmikanth
RS and
agreed by  Read source (where are they mentioned and
LS (in LS where do they get powers)
we  Read functions and powers
required 3. Chief Whip
simple
majority)  Read yellow book or laxmikanth
Term 1-Have As MP (5- Term as for Term as  Read source (where are they mentioned and
term as of years) V- MP (6 where do they get powers)
any MP has, President years)  Read functions and powers
with an (5 years)
addition
4. Secretary General
2-when all  Read yellow book or laxmikanth
MPs will  Read source (where are they mentioned and
vacate at where do they get powers)
end of 5
 Read functions and powers
years or
dissolution  Note:- These areas have not been opened up in
happens, exams so must read some about them
speaker
does not  SESSIONS OF PARLIAMENT:-
vacate at  CSP-2020 it was asked
dissolution
of LS but
 Period b/w two sessions is known as = Recess =
will still the maximum recess period is 6 months
continue  The constitution doesn’t specify
Until a) number of sessions in a year
immediatel
b) maximum or minimum number of days,
y the first
sitting of parliament have to meet in a year
the newly  As per Article-85:- the maximum period b/w
constituted two sessions of parliament cannot exceed 6
house
months
(beyond
five year  As a convention:- the parliament meets thrice a
term till the year
first sitting a) First = budget session (starting on January to
of newly
april and the longest session & Most
constituted
house after important session as money is passed to Govt.
election this year it commence on 31st January and
 Note down some facts about the table:- budget to be presented on Feb-1)
a) Every presiding officer is a MP except only b) Second = Monsoon session (July to August,
Chairman sometimes it goes upto September)

c) Third = winter session (November to December =  To terminate or end the sitting (by presiding officer)
shortest session)  Adjournment can be for hours, days or even weeks.
 MEANING OF SESSION  MPs have right to know “till when” the sitting is
adjourned, means they have right to know the “period
 It is a period or duration within which the house
of Reassembly”
performs its business  However, the presiding officer can adjourn “Sine die”
 Session  period/duration  House  Business where the sitting is ended or terminated indefinitely
 Business of the house is :- (means the period of reassembly is not known) , it is
 Pass bills exercised when business of the house gets over. (note
 Questions sitting gets terminated but session is still continuing)
 Motions  The order is an indication for the president that the
 Resolutions business of the house is over and thereby the session
 Discussions can now be prorogued. However, the session can be
 Note:- Very important:- All business mentioned, all prorogued even without such order (of sine die)
are pin pointed towards the accountability of the Govt {sine die= without a future date being fixed or
(executive) and govt starts session with the summon of arranged).
president showing govt is ready to answer all these  Note:- presiding officer ends the sitting, but president
questions, to discuss, to pass bills all etc ends the session
 Session starts with from the date of summon and ends 2- PROROGUE 3- DISSOLVE
with when it is Prorogued  Done by president  Done by president (Article-
 Article 85- President Summons at such place as he (Article-85) 85)
thinks is fit  EFFECT:-  EFFECT
 Article 85- President Prorogues  Session ends  Terminates the term or ends
 No effect on bills the term of LS
 However, all  All the matters pending with
pending notices the Lok sabha or any of its
except notice for parliamentary committees
introduction of get lapsed on dissolution
bills get Lapsed (except the matters pending
with committee on the govt.
assurances)
 खतम ब खतम
 In dissolution the order is
irrevocable
(Irrevocable used about a
 Note:- the days of meeting of parliament is decision, action, etc. that cannot
approx. 60days (120 in Nehru time) and this be changed or reversed)
60days is somehow not proper representation (No  COMMITTEE ON GOVERNMENT ASSURANCES
of ordinances are also going up in India, it is actual  The Lok Sabha has established a Committee on
a matter of caution for the working of Government Assurances with the goal of
institutionalizing the system for ensuring the fulfillment
parliamentary form of govt), as we compare, In
of pledges and undertakings made on the floor of the
UK , they have annual calendar of sitting of House from time to time by Ministers. As the ministers
parliament so we should learn from there. provide various assurances, pledges, and commitments
 In parliament Session day in response to queries or during debates on bills,
11:00AM-01:PM = For Noon Part resolutions, motions, and other matters, either to
11:00-12:00 = question hour consider an issue, take action, or provide information
 12:00-01:00 = Zero hour later
 01:00-02:00 = Lunch  This committee investigates the extent to which a
 02:00-06:00 = in LS minister's pledges, assurances, and undertakings are
carried out when he or she makes a promise, assures,
 02:00-05:00 = in RS
or takes an undertaking in the Lok Sabha.
 Entire day called as = Sitting = Sitting No-1  It has 15 Lok Sabha members and 10 Rajya Sabha
(first day) members.
 Second day = Sitting No-2  The Speaker nominates 15 people to serve on this
 Therefore a number of sittings make or committee.
constitute a session and a Number of sessions  This Committee does not have a Minister on it.
make/constitutes a term of Lok Sabha.  Ministers sometimes make assurances or promises to
consider an issue, take action, or provide the House
POWERS OF HOUSE:- with more information later while responding to
1. Adjourns questions in the House or during deliberations on Bills,

Resolutions, Motions, and so on.  The president to resolve the deadlock can summon a
 The purpose of this Committee is to examine the joint sitting (bill is still intact and not get lapsed)
assurances, promises, undertakings, and other  Once the joint sitting has been notified, no house will
statements made by Ministers from time to time, and proceed with the bill.
to report to the Lok Sabha on the extent to which such  A bill in a joint sitting is passed by “Simple Majority”
assurances, promises, and undertakings have been  Only the following amendments could be introduced
implemented, as well as whether such implementation a) Amendments over which both the houses
has occurred within the shortest time possible. disagreed
 EFFECT OF DISSOLUTION ON BILLS:- b) Amendment necessary due to delay in the passage
of the bill and the decision of the presiding officer
 It depends on which stage the bill is
whether an amendment is admissible or not shall
a) If the bill is introduced in Lok Sabha (introduced means
be final
first house) and pending in Lok Sabha = pending matter
before LS= this bill gets lapsed INTERNET ADDITION ON JOINT SITTING
b) If same bill is passed by LS and Pending in Rajya sabha  As per Article 108 of Constitution, a Joint
= it also gets lapsed session of Parliament can be summoned in
c) If a bill is introduced in RS and pending in RS= the bill the following situations.
not gets lapsed as still pending in RS, no effect of  If after a Bill has been passed by one House and
dissolution on this
submitted to the other House—
d) If the same bill is passed by Rajya sabha and referred to
Lok Sabha , means pending in Lok sabha = this bill gets
a) the Bill is rejected by the other House; or
lapsed (as this bill becomes a pending matter with Lok b) the Houses have finally disagreed as to the
sabha that will entirely get changed after dissolution amendments to be made in the Bill; or
(or elections)) c) more than six months elapse from the date of
e) If a bill is passed by the parliament and pending with the reception of the Bill by the other House
the president = it will not get lapsed without the Bill being passed by it, the
f) If the bill is returned by the president for President may, unless the Bill has elapsed by
reconsideration = even this bill will not get lapsed reason of a dissolution of the House of the
g) If the president has notified joint sitting before People, notify to the Houses by message if
dissolution of the Lok Sabha then = the bill will not get
they are sitting or by public notification if they
lapsed
are not sitting, their intention to summon
 JOINT SITTING-ARTICLE-108 them to meet in a joint sitting for the purpose
 Joint sitting = is only for Bills (only when there is a of deliberating and voting on the Bill.
deadlock/disagreement)  However, in the calculating period of six months, those
 Conditions for joint session under Art-108 days are not considered when the house is prorogued
 Bill passed by one house and by other the bill is or adjourned for more than 4 consecutive days.
 If the above conditions are satisfied, the President of
India may summon the joint sitting of both the houses
of parliament
 The joint sitting of the Parliament is called by the
President of India (Article 108) and is presided
over by the Speaker of the Lok Sabha or, in their
absence, by the Deputy Speaker of the Lok Sabha,
or in their absence, the Deputy Chairman of the
Rajya Sabha. The Chairperson of the Rajya Sabha,
who is the Vice President of India, doesn't preside
over the joint session. If any of the above officers
are not present then any other member of the
Parliament can preside by consensus of both the
House.
 In India, if an ordinary bill has been rejected by
any house of the parliament and if more than six
months have elapsed, the President may summon
a joint session for purpose of passing the bill. The
bill is passed by a simple majority of a joint sitting
 At present, the Central Hall is used for holding
joint sittings of both the houses of parliament,
which is also used for address by the President in
the commencement of first session after
each general election.
 EXCEPTION TO JOINT SITTINGS[EDIT] ARTICLE 118 IN THE CONSTITUTION OF INDIA 1949
 These two bills cannot be referred to a joint sitting:  118. Rules of procedure
 Money Bill 1. Each House of Parliament may make rules for
 Under the Constitution of India, money bills require the regulations, subject to the provisions of this
approval of the Lok Sabha only. Rajya Sabha can make Constitution, its procedure and the conduct of its
recommendations to Lok Sabha, which it is not business
required to accept. Even if Rajya Sabha doesn't pass a 2. Until rules are made under clause ( 1 ), the rules of
money bill within 14 days, it is deemed to have been procedure and standing orders in force immediately
passed by both the Houses of Parliament after the before the commencement of this Constitution with
expiry of the above period. Therefore, a requirement respect to the Legislature of the Dominion of India shall
to summon a joint session can never arise in the case have effect in relation to Parliament subject to such
of a money bill. modifications and adaptations as may be made therein
 Constitution Amendment Bill by the Chairman of the Council of States or the Speaker
 Article 368 of Indian constitution require that of the House of the People, as the case may be
constitution of India can be amended by both houses 3. The President, after consultation with the Chairman of
of parliament by 2/3 majority (special majority) . In the Council of States and the Speaker of the House of
case of disagreement between both houses, there is no the People, may make rules as to the procedure with
provision to summon a joint session of parliament. respect to joint sittings of, and communications
 BILLS REFERRED TO JOINT SESSION between, the two Houses
 Joint Sitting of Indian parliament has been called for 4. At a joint sitting of the two Houses the Speaker of the
only 3 bills: House of the People, or in his absence such person as
a) Dowry Prohibition Bill, 1961 may be determined by rules of procedure made under
b) Banking Service Commission (Repeal) Bill, 1978 clause ( 3 ), shall preside
c) Prevention of Terrorism Bill, 2002
th th
…………………11 ended,12 starts……………….
TOPIC:- “TYPES OF BILLS”:-
 Note:- Under different circumstances joint sitting can  legislative procedure :-The legislative procedure is
happen, but under Art 108 it happens only for bills. identical in both the Houses of Parliament. Every bill
has to pass through the same stages in each House.
 UNDER ARTICLE-118  Bill: A bill is a proposal for legislation that becomes an
 Allows Each House of Parliament may make rules act or law when duly enacted.
for regulations, subject to the provisions of this  Types of Bills: Bills introduced in the Parliament are of
Constitution, its procedure and the conduct of its two kinds; public bills (government bills) and private
business bills.
 Under Art 118, President can frame rules to  Classification: The bills introduced in the Parliament
regulate the procedure of the joint sitting, can be classified into four categories:
therefore the president has framed “HOUSE OF a) Ordinary bills: concerned with any matter other
PARLIAMENT (Joint Sitting & Communication than financial subjects.
b) Money bills: concerned with financial matters like
Rules)”as per which
taxation, public expenditure, etc.
a) The quorum of the joint sitting shall be 1/10th
c) Financial bills: concerned with financial matters
of total strength of both the houses (but are different from money bills).
b) Presiding officer:- d) Constitution Amendment Bills: concerned with
 Speaker , the amendment of the provisions of the
 Deputy speaker (if speaker absent), Constitution.
 Deputy Chairman (if speaker + Deputy speaker
are absent),  MONEY V/S FINANCIAL BILLS
 Such person chosen by the house shall preside 1. Money bill :- Defined under Art. 110
(if all above three are absent)  Financial Bills types:-
c) The rule of the Lok Sabha Shall Apply. 2. Type A or I = Financial bill Under Art 117(1)
 Note:- Joint sitting is applicable only for ordinary 3. Type B or II =Financial bill Under Art 117 (3)
and financial bills and not money and  Note Similarity among 1,2,3:-
constitutional amendments bill. a) all these three bills are related to “Public Finance”.
This is the similarity b/w Money bill and Type A
 THREE OCCASIONS OF JOINT SITTING IN PAST
and Type B financial bills
 Joint Sitting of Indian parliament has been called
b) Finance:- Receipt + Expenditure
for only 3 bills: c) Public finance :- receipt + Expenditure of Govt of
a) Dowry Prohibition Bill, 1961 India
b) Banking Service Commission (Repeal) Bill,  Note Difference among 1,2,3,:-
1978 {also called as banking service a) Money bill  110 only, money bill relates to Art
amendment bill} 110 only. There are some interesting criterias to be
c) Prevention of Terrorism Bill, 2002 specific (6 in number under Art 110, pick up a bill
read the provisions, if bill contains any of the 6 or
all, but if it doesn’t contain any other provision  It giving statutory status to Compensatory
given under 110 that will be a money bill and Afforestation Management Fund. In simple
b) Type A or I Financial Bill = if the bill contains terms, it can be called as the compensation in
provisions given or related to 110 and it also monetary values that has to be deposited along
contains other provisions then it is Type A financial with the net value of the land under the CAMPA
bill ) law by the authorities who are diverting the forest
c) Type B or II Financial Bill = if the bill does not lands for non-forest purposes so as to raise the
contains provisions given or related to 110 but forest. This is done along with compensating the
prescribes expenditure from CFI use of forest-land with the equivalent non-forest
 CFI:- means Consolidated Fund of India land that has to be taken up for afforestation.
 SIX CRITERIAS GIVEN UNDER 110 Authorities that divert the land have to bear the
a) Tax cost of Compensatory Afforestation.
b) Borrowings  This was designated as PAI :- Public account of
c) Custody of CFI or Contingency fund India, which means GOI was receiving money in
d) Appropriation of money out of CFI this fund.
e) Charged Expenditure  Compensatory Afforestation Fund
f) Receipt of Money in PAI (Public Account Of India) a) The CAF Act was passed by the center in 2016
֍ TBCAAR is mnemonic we can use to learn these 6 and the related rules were notified in 2018.
provisions b) The CAF Act was enacted to manage the funds
 T= tax collected for compensatory afforestation
 B= borrowing which till then was managed by ad hoc
 C= custody of CFI /Contingency Compensatory Afforestation Fund
 A = App. Of money out of CFI Management and Planning Authority
 A = Audit of account of centre & state (CAMPA).
 R= Receipt of Money in PAI c) Compensatory afforestation means that every
 All the six are enabling criterias (enabling means giving time forest land is diverted for non-forest
powers to Govt (LS) to bypass RS) purposes such as mining or industry, the user
a) Tax :- no tax shall be levied without the authority agency pays for planting forests over an equal
by law (265) and if Govt wants to get a bill related area of non-forest land, or when such land is
to this that bill will be certified as money bill not available, twice the area of degraded
b) Borrowings:- Art 292 says Govt can borrow money forest land.
from different sources either a domestic source or d) As per the rules, 90% of the CAF money is to
foreign source if it wants to get a bill related to be given to the states while 10% is to be
borrowings that bill will be certified as money bill retained by the Centre.
c) Custody of CFI or Contingency fund:- if the Govt e) The funds can be used for the treatment of
wants to introduce a bill that makes any change or catchment areas, assisted natural generation,
introduces any changes upon custody (custody means forest management, wildlife protection and
whose permission is required to take money from CFI management, relocation of villages from
and Contingency fund ) that bill will be passed as money protected areas, managing human-wildlife
bill conflicts, training and awareness generation,
d) Appropriation of money out of CFI :-withdrawal of supply of wood saving devices, and allied
money with the details of the expenditure presented , if
activities.
govt thereby gets a bill containing expenditure and
details that bill will be certified as money bill  TYPES “B OR II” FINANCIAL BILL
e) Charged Expenditure:- The list of the charged  Transgenders Act 2019 has been certified as Type B Financial
expenditure is: Emoluments and allowances of the Bill as it contains provisions like
President and other expenditure relating to his office. a) Govt shall device centrally sponsored schemes for
Salaries and allowances of the Chairman and the Deputy the welfare of Transgenders
Chairman of the Rajya Sabha and the Speaker and the b) National council for Transgenders shall be
Deputy Speaker of the Lok Sabha. established
f) Receipt of Money in PAI (Public Account Of c) These two provisions prescribe expenditure from CFI,
India):- It deals with the money received by the as bill gets passed it needs money from CFI so it is
Indian Government, i.e. state provident funds, passed As Type B Financial bill
various pre-deposits under national small savings The Bill prohibits discrimination of Transgenders in relation to
fund, depreciation and reserve funds of opportunities for education, job, health care services, and
departmental undertakings, national defense fund, access to services etc. Right to be Recognized as Transgender:
etc. are paid into public accounts. Every person has a right to be recognized as a transgender.

 TYPES “A OR I” FINANCIAL BILL How is Appropriation of money out of CFI different from
Prescribing expenditure from CFI
 CAMPA Act 2016:- Compensatory Afforestation  In appropriation we are prescribing in the details about
Management Fund and Protection Authority how much money and for what , we are telling the
(CAMPA). As it contains other provisions along parliament before the passing of bill but in prescribing
with 110 so is passed as Financial Bill Type A means that govt shall (either do or not) means it is not
fixed
MONEY BILL v/s FINANCIAL BILL b) A Fin B is just like an ordinary bill except When it
Characteristics Money Bills Financial Bills requires prior permission of the president to be
Fin Bill-I Fin Bill-II introduced into parliament
Constitutional Article Article Article c) Rajya Sabha can delay a money bill for maximum
Provisions: 110 deals with 117(1) deals with 117(3) deals 14 days
money bills. Finance Bill with Finance
Bills-II
Article 110 in The Constitution Of India 1949
Deals ‘only’ wit Also deals with Contains provisi  110. Definition of Money Bill
h the provisions matters of ons involving 1. For the purposes of this Chapter, a Bill shall be deemed
of Article 110. general legislation expenditure fro
(along with m Consolidated
to be a Money Bill if it contains only provisions dealing
provisions of Fund of with all or any of the following matters, namely
article 110). India but are a) the imposition, abolition, remission, alteration or
not included in regulation of any tax;
Article 110.
Certification of S/He decides w No Certification No
b) the regulation of the borrowing of money or the
Speaker: hether a bill is a Required. Certification giving of any guarantee by the Government of
money bill or required. India, or the amendment of the law with respect
not. to any financial obligations undertaken or to be
Introduced in: Only in Lok LS only LS+RS
undertaken by the Government of India;
Sabha.
President’s Needed to required Not c) the custody of the consolidated Fund or the
Recommendati introduce them. required Contingency Fund of India, the payment of
on: moneys into or the withdrawal of moneys from
Bills in Rajya Cannot be Amend or Ament or any such Fund;
Sabha: amended or reject reject
rejected. d) the appropriation of moneys out of the
President’s Can either Return Return consolidated Fund of India;
Power: accept or For For e) the declaring of any expenditure to be
reject a money reconsideration reconsideration expenditure charged on the Consolidated Fund of
bill but cannot
return it for
India or the increasing of the amount of any such
reconsideration expenditure;
. f) the receipt of money on account of the
Joint Sitting of No provision to President President Consolidated Fund of India or the public account
the Houses: resolve the Can summon Can summon
deadlock.
of India or the custody or issue of such money or
Ordinary Money Fin A Fin B CAB the audit of the accounts of the Union or of a
bill Bill State; or
Majority simple Simple Simple Simple Special g) any matter incidental to any of the matters
Prior No Yes Yes Yes No specified in sub clause (a) to (f)
President (Not
Recomm- Necessari 2. A Bill shall not be deemed to be a Money Bill by reason
endation ly only that it provides for the imposition of fines or
At the other pecuniary penalties, or for the demand or
Stage of payment of fees for licences or fees for services
Introduct
ion) rendered, or by reason that it provides for the
Introduced yes No No Yes Yes imposition, abolition, remission, alteration or
In RS regulation of any tax by any local authority or body for
Powers 1-pass Pass 1-pass 1-pass 1-pass local purposes
Of RS 2amend Only 2amend 2amend 2amend
3-Reject (in-14 3-Reject 3-Reject 3-Reject
3. If any question arises whether a Bill is a Money Bill or
Days) not, the decision of the Speaker of the House of the
But can People thereon shall be final
Suggest 4. There shall be endorsed on every Money Bill when it is
Amend
ments
transmitted to the Council of States under Article 109,
Powers Assent Assent Assent Assent Assent and when it is presented to the President for assent
Of Presi. Or Or Or Or only under Article 111, the certificate of the Speaker of the
Withhold Withhold Withhold Withhold House of the People signed by him that it is a Money
assent assent assent assent
Bill
Or 3- 3-
Reconsid Reconsid Reconsid  Else details, Read about bills from yellow book or Laxmikanth
eration eration eration INTERNET ADDITION ON BILLS
Joint Yes No yes Yes No  ORDINARY BILLS
Sitting (So No
deadlock) 1. About: Every ordinary bill has to pass through the
 Notes about the above mentioned table following five stages in the Parliament before it finds a
a) As an exception to ordinary bills, a bill under Art-3 place on the Statute Book.
requires prior sanction of the president 2. First Reading:
 It can be introduced in either House of
Parliament either by a minister or by any other

member. The bill is published in the Gazette of India.  CONSTITUTIONAL AMENDMENT BILLS
 The introduction of the bill and its publication in the  About: As per the Constitution of India, Constitution
Gazette constitute the first reading of the bill. Amendment Bills can be of three types requiring:
3. Second Reading: a) A Simple majority for their passage in each House.
 It is the most important stage in the enactment of a bill b) A Special majority for their passage in each House
and involves three more sub-stages: c) A Special majority for their passage and ratification by
Legislatures of not less than one-half of the States by
a) Stage of General Discussion: resolutions to that effect passed by those Legislatures.
 At this stage, the House can take any one of the  House of Introduction:
following four actions: a) Under article 368, it can be introduced in either House
 It may take the bill into consideration immediately of Parliament and has to be passed by each House by
or on some other fixed date. special majority.
 It may refer the bill to a select committee of the b) There is no provision of joint sittings on a Constitution
House. Amending Bill (or in a Money Bill).
 It may refer the bill to a joint committee of the two PUBLIC BILL PRIVATE BILL
Houses a) It is introduced in the a) It can be introduced by
 It may circulate the bill to elicit public opinion. parliament by a minister. any member of the
b) Committee Stage: b) It reflects the policies of parliament other than a
 This committee examines the bill thoroughly and the government (ruling minister.
party). b) It reflects the mood of the
in detail, clause by clause.
c) It has a greater chance to political party on public
 It can also amend its provisions, but without be passed by parliament matters.
altering the principles underlying it. d) Its introduction in the c) It is less likely to be
c) Consideration Stage: house requires 7 days’ passed by the parliament.
 The House, after receiving the bill from the notice. d) Its introduction in the
selected committee, considers the provisions of e) It is drafted by the house requires a prior
the Bill clause by clause. concerned department in notice of one month
 Each clause is discussed and voted upon consultation with the Law e) Its drafting is
separately. department. the responsibility of the
members concerned
4. Third Reading:
 At this stage, the debate is confined to the acceptance TOPIC: THE BUDGET:-
or rejection of the bill.
 If the majority of the members present and voting
 SOME FACTS
a) Term “Budget” has not been given in the constitution,
accept the bill, the bill is regarded as passed by the
constitution is using the term “Annual Financial
House.
Statement” under Art-112
 A bill is deemed to have been passed by the Parliament
b) Budget, details of receipts and expenditures are
only when both the Houses have agreed to it, either
presented for all the three funds or Accounts
with or without amendments.
c) The details of receipt and expenditures are presented
5. Bill in the Second House: for 3 years .For example if we talk about Feb 1, Budget
 In the second House, the bill passes through all the 2023-2024 includes:-
three stages. The second House may:  details of future year or budget year 2023-24
a) Pass the bill as sent by the first house (i.e., without (called as “Budget estimates”)
amendments).  Current Year (2022-2023) (Budget estimates +
 In such a case, the bill is deemed to have been Revised estimated)
passed by both the Houses and is sent to the  Previous year (2021-2022) (called as “Actuals”)
president for his assent. d) Budget is passed by Both The Houses (But demand for
b) Pass the bill with amendments and return it to the Grants are voted only in Lok Sabha)
first House for reconsideration. e) If the budget is not passed then it implies that govt has
c) Reject the bill altogether. lost the confidence and thereby needs to resign
d) Not take any action and thus keep the bill pending.
 If the second House rejects the bill altogether or does
 BUDGET IS A
a) Statement of receipt and expenditure prepared for
not take any action for six months; a deadlock is
some duration (For me is monthly for govt is yearly
deemed to have taken place for which the president
as per Art-112)
can summon a joint sitting of the two Houses.
b) Budget is prepared to give a proper detail of
6. Assent of the President: expenditures
 Every bill after being passed by both Houses of
Parliament either singly or at a joint sitting is presented
 Under Art 112:-
1) the president shall cause to be laid before both the
to the President for his assent. The President may:
houses of the parliament a statement of estimated
a) Give his assent to the bill.
receipts and expenditures every year and such
b) Withhold his assent to the bill.
statements shall be referred as “Annual Financial
c) Return the bill for reconsideration of the
Statements”
Houses. Thus, the President enjoys only a
“suspensive veto.”
2) expenditure shall be presented in such a manner  Article 114:- it is last step , it talks about appropriation
that expenditure charged upon CFI shall be shown bill
separately from expenditures made from CFI and  112. ANNUAL FINANCIAL STATEMENT
expenditures on the revenue account shall be  About Clause-1:- The President shall in respect of
separated from expenditure on the other account every financial year cause to be laid :-it simply means
(other account is capital account) it is most important document and it doesn’t means
ARTICLE 112 IN THE CONSTITUTION OF INDIA 1949 president will himself come to the house to present
 112. ANNUAL FINANCIAL STATEMENT budget, it only means he has to ensure every year that
1. The President shall in respect of every financial year the budget must be put before the parliament
cause to be laid before both the Houses of Parliament a  If PM says I will not go to present budget, the
statement of the estimated receipts and expenditure of president will exercise his power under Article-75,
the Government of India for that year, in this Part exercise the pleasure , remove them and give
referred to as the annual financial statement someone else an opportunity, any other alternative
2. The estimates of expenditure embodied in the annual govt an opportunity to come to house and present the
financial statement shall show separately budget
a) the sums required to meet expenditure described  About Clause-2:- The estimates of expenditure
by the Condition as expenditure charged upon the embodied in the annual financial statement shall
Consolidated Fund of India; and show separately:- means you will first understand the
b) the sums required to meet other expenditure budget and segregate it according to expenditure
proposed to be made from the Consolidated Fund charged from expenditure made
of India, and shall distinguish expenditure on a) Expenditure charged:-Non-votable, Govt has no
revenue account from other expenditure power to make any new expenditure as charged
3. The following expenditure shall be expenditure charged expenditure. These powers lie with the parliament
on the Consolidated Fund of India not with Govt . so parliament by law declares any
(a) the emoluments and allowances of the President and expenditure as Charged
other expenditure relating to his office; b) Expenditure made:- expenditure made from CFI
(b) the salaries and allowances of the Chairman and the (voting is required)
Deputy Chairman of the Council of States and the A. CHARGED EXPENDITURES (Article112(2))
Speaker and the Deputy Speaker of the House of the  Non-votable charges are called charged expenditures.
People;  No voting takes place for this amount which is spent
(c) debt charges for which the Government of India is from the Consolidated Fund of India. Parliamentary
liable including interest, sinking fund charges and approval is not needed. These are paid whether or not
redemption charges, and other expenditure relating to the budget is passed. Emoluments, allowances and
the raising of loans and the service and redemption of expenditure of the President and his office, salary and
debt; allowances of chairman, Deputy Chairman of Rajya
(d) Sabha, Speaker, Supreme Court judges, CAG and
(i) the salaries, allowances and pensions payable to Deputy Speaker of the Lok Sabha come under this
or in respect of Judges of the Supreme Court, expenditure.
(ii) the pensions payable to or in respect of Judges  Another example of charged expenditure is debt
of the Federal Court, charges of the government. These are not voted
(iii) the pensions payable to or in respect of Judges because these payments are deemed guaranteed by
of any High Court which exercises jurisdiction in the state. Even though voting does not take place,
relation to any area included in the territory of India discussion on these can take place in both the Houses.
or which at any time before the commencement of
B. VOTED/VOTABLE EXPENDITURES
this Constitution exercises jurisdiction in relation to
 This is the actual budget. The expenditures in the
any area included in a Governors Province of the
budget are actually in the form of Demand for Grants.
Dominion of India;
The demands for grants are presented to the Lok Sabha
(e) the salary, allowances and pension payable to or in
along with the Annual Financial Statement. Generally,
respect of the Comptroller and Auditor General of India;
one Demand for Grant is presented for each Ministry
(f) any sums required to satisfy any judgment, decree or
or Department.
award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution  PROCEDURE TO PASS THE BUDGET:-
st
or by Parliament by law to be so charged  Budget Session Of Parliament:- Starting from 31 of
th th th
…………………12 ended,13 starts………………. January and end on 6 of April
 Article 112 is about basic budget means AFS (annual  Basically we are looking at the application of Article
financial statement ), charged expenditure and about 112, 113, 114 and Rules of the house
the details of expenditure A. THE PART-I OF BUDGET SESSION
 Article 113:- is basically regarding procedure means
procedure of discussing the budget in the house, so  31ST OF JANUARY (FIRST DAY OF BUDGET)
how we will discuss budget in the parliament . it  Application of Art-87:- President Jointly addresses
discuss about the demand For grants both the houses (assembled together)

 Discussion under MOTION OF THANKS /VOTE OF government. It is one of the ways through which the
THANKS is then done after speech on Budget by Lok Sabha can also express a lack of confidence in the
president (when both houses after speech of president government. The other ways are:
go to their respective houses)  Rejection of a money bill.
 Note:- no discussion can initiate unless a motion is  Passing a censure motion or an adjournment
raised . so a member will rise up (takes permission motion.
from presiding officer). In the end , voting is done.  The defeat of the government on a vital issue.
Similarly motion of thanks means thanking the  Passing a cut motion.
president for him coming to house and delivering a  THE DAY OF :- 1ST FEBRUARY:-
joint address and motion means discussing
 11:00AM :- Finance Minister presents/Delivers the
achievements of the govts (addressed in budget). In
Budgetary speech in the Lok Sabha (whichever house
the end, voting is done. And if the motion of thanks
he/she is member doesn’t matter)
gets defeated in lok sabha it implies that govt has lost
 After his/her speech, immediately the Lok Sabha is
the confidence and the number of votes of opposition
adjourned (immediately means immediately , no
against achievements is more
questions can be raised on this day)
 In Evening (Post Lunch time):-  Next sitting of the house , generally, will be after 4-5
 Economic surveyed is tabled before the parliament days (so that budget can be read by MPs and then will
 Economic survey is basically a collection of the data of be discussed on next sitting)
the stats of the Indian economy like Forex, Trade, Fiscal 
th
Lest say next sitting on 5 of February
policy, Monetary policy
 Chief economic advisor he writes that document and  NEXT SITING (LIKE ON 5TH FEBRUARY):
also presents the blueprint for the future about GENERAL DISCUSSION ON BUDGET:-
recommendations to GOI  General discussion basically implies broad principles of
 Economic survey is prepared by Department of the budget are discussed :- like
Economic Affairs under Ministry of Finance . This a) Tax
department also prepares the Budget b) Centrally sponsored scheme
INTERNET ADDITION  General discussion normally happens for 4 to 5 days
A. What is the Motion of Thanks?  LET SAY ON 10TH FEB the House gets adjourned for
 Article 87 provides for the special address by the President. 3 to 4 weeks and Recess will start. This recess is very
The article provides that at the commencement of the first important because during recess Demand For Grants
session after each general election to the House of the are examined By DRSC (Department Related
People and at the commencement of the first session of each
Parliamentary Standing Committees). DRSC means all
year, the President shall address both Houses
the ministries of GOI are put together into groups and
of Parliament assembled together and inform Parliament of
the causes of its summons. their demand for grants and their regular work are
 Such an Address is called 'special address', and it is also examined by concerned standing committees. We have
an annual feature. This Address has to be to both Houses of 24 DRSC in total.
Parliament assembled together.  Demand for Grants is the form in which estimates of
B. What is the Content of the President of expenditure from the Consolidated Fund are made to
Address? the Lok Sabha in accordance with Article 113 of the
 The President's Address is the statement of policy of the Constitution. In simple words:- whatever is the
Government and, as such, is drafted by the Government. amount of money that is wanted by GOI, it is broken
 The Address contains a review of various activities and down into expenditure heads called as Demand for
achievements of the Government during the previous year Grants. Where one grand for demand/ a demand for
and sets out the policies, projects and programmes which the grant is the amount of money i.e. wanted by one
Government of the day wishes to pursue with regard to the department of GOI (not one ministry but for one
important national and international issues.
department of a ministry). Total-102 this year demand
 The Address also indicates, in broad terms, items of
of grants were discussed (last year it was 101) as New
legislative business which are proposed to be brought during
the sessions to be held in that year. ministry of cooperatives has been introduced.
 The address of the president, which corresponds to the  Recess:- the period when parliament is not meeting
‘speech from the Throne in Britain’, is discussed in both the in a session. So there of break/recess of almost one
Houses of Parliament on a motion called the ‘Motion of month during/within the Budget session.
Thanks’.  Till Now Part-I Of the Budget session is seen
 If any of the amendments are put forward and accepted then
the Motion of Thanks is adopted in the amended form.  ARTICLE 113
 Amendments may refer to matters contained in the Address  (1) So much of the estimates as relates to expenditure
as well as to matters which, in the opinion of the member, charged upon the Consolidated Fund of India shall not
the Address has failed to mention. be submitted to the vote of Parliament, but nothing in
 At the end of the discussion, the motion is put to vote. this clause shall be construed as preventing the
C. What is the Significance of Motion of discussion in either House of Parliament of any of
Thanks? those estimates.
 The Motion of Thanks must be passed in the  (2) So much of the said estimates as relates to other
House. Otherwise, it amounts to the defeat of the expenditure shall be submitted in the form of demands
for grants to the House of the People, and the House of  Appropriation bill gets passed on same day (as we
th
the People shall have power to assent, or to refuse to assumed 16 march) and then sent to Rajya sabha
assent, to any demand, or to assent to any demand where it gets14 days (generally it has to be passed in
subject to a reduction of the amount specified therein. Rajya sabha)
 (3) No demand for a grant shall be made except on the  Finance Bill Introduction:-
recommendation of the President.  Whenever there is any change announced by Finance
 ARTICLE 114:- minister like in tax slabs etc, finance minister is trying
 (1) As soon as may be after the grants under article 113 to introduce a bill named as Finance Bill (Not Financial
have been made by the House of the People, there Bill)
shall be introduced a Bill to provide for the  This finance bill contains the amendments to taxation
appropriation out of the Consolidated Fund of India of laws like
all moneys required to meet — a) IT Act 1961
(a) the grants so made by the House of the People; and b) CGST Act 2017
(b) the expenditure charged on the Consolidated Fund c) Customs Act 1962
of India but not exceeding in any case the amount  Finance bill is receiving, means gives effect to income
shown in the statement previously laid before side of GOI. Finance bill is also a kind of Money bill
Parliament  Finance bill comes after introducing the appropriation
 (2) No amendment shall be proposed to any such Bill in bill
either House of Parliament which will have the effect  Finance bill is then sent to Rajya sabha where it gets14
of varying the amount or altering the destination of days (generally it has to be passed in Rajya sabha)
st
any grant so made or of varying the amount of any  Therefore before 31 of March both the bills are
expenditure charged on the Consolidated Fund of passed by the Rajya sabha , and President ascends both
st
India, and the decision of the person presiding as to the bills before 31 of march
whether an amendment is inadmissible under this  Post the ascent it is usually said the budget has been
clause shall be final. passed by the Parliament
 (3) Subject to the provisions of articles 115 and 116, no {The speaker in consultation with the leader of the
money shall be withdrawn from the Consolidated Fund house decides
of India except under appropriation made by law a) the number of days for discussion, voting on
passed in accordance with the provisions of this article. demand for grants
b) business advisory committee allots the time
B. THE PART-II OF BUDGET SESSION and the order in which each demand for grant
TH
 10 MARCH APPLICATION OF ART-113:- is taken up in the Lok Sabha
 Now detailed discussion on Demand For Grants only in
Lok Sabha. Let say the first demand for grant is For TOPIC:- CUT MOTION:-
a) Department of space 10000croes  discussed   Introduced by opposition in the parliament during
Put to Vote (in Lok Sabha) sanctioned discussion on demand for grants in Lok Sabha, but
b) Department of Mines 30000Crores  Discussed  note that budget is passed by both the houses
voted  A cut motion is a special power vested in members of
 Basically means all 102 demand for grants are the Lok Sabha to oppose a demand being discussed for
discussed and votes in the Lok sabha only specific allocation by the government in the Finance
within 7 to 10 days Bill as part of the Demand for Grants. If the motion is
 On the last day out of these 7 to 10 days, the adopted, it amounts to a no-confidence vote, and if the
Speaker applies the Device/Tool of Guillotine government fails to jot up numbers in the lower House,
it is obliged to resign according to the norms of the
and remaining demand for grants are put to
House.
vote without discussion {this infers  We have cut motion of three types:- A motion may be
 Art-113 is just a procedure (discussion) now Art-
moved to reduce the amount of a demand in any of the
114 is about action to be taken now it’s a formal following ways:
at /formal requirement a) Policy Cut:- Demand should be reduced to Rs.1. It
 Appropriation bill Introduction:- 16th of March is moved so that the amount of the demand be
Application of Article 114 reduced to Rs.1 (represents disapproval of the
 Now appropriation bill is required (to take out money policy underlying the demand). Rs.1 is symbolic of
formally , GOI brings appropriation bill ). This bill the fact that the entire money that is wanted by
contains two things that department should not be sanctioned, that
a) expenditure made from CFI (Demand for grants ) + department should be scrapped. If policy cut is
b) Charged Expenditure . approved or passed by the lok sabha, it implies
 So appropriation bill is example of Money Bill that the govt doesn’t have confidence of the Lok
(Very Important) Sabha. However, policy cut is symbolic as the govt
 it is taken once in a year by appropriation bill by GOI enjoys the confidence of the house
 Therefore appropriation bill is giving effect to b) Economy cut: - Demand should be reduced to
expenditure side means formal act of withdrawal of some amount. It is moved so that the amount of
money from CFI
the demand will be reduced by a specified under the respective laws that provide for their
amount. administration
c) Token cut: - Demand should be reduced by Rs.100. 1. CONSOLIDATED FUND OF INDIA (266)
It is moved so that the amount of the demand is
reduced by Rs.100 (expresses a specific grievance).
A. WHOSE PERMISSION
 According to Art-114 (3) Subject to the provisions of
 Source:- Rule book of Lok Sabha
 It can be moved only in Lok Sabha articles 115 and 116, no money shall be withdrawn
from the Consolidated Fund of India expect under
INTERNET ADDITION ABOUT MOTIONS
appropriation made by law passed in accordance with
1. PRIVILEGE MOTION
the provisions of this article
 It is moved by a member when he feels that a minister
 Any appropriation requires the permission of the
has committed a breach of privilege of the House or
one or more of its members by withholding facts of a parliament under Article-114 (therefore appropriation
case or by giving wrong or distorted facts. Its purpose is bill is required)
to censure the concerned minister. B. DETAILS
 It can be moved in Rajya Sabha as well as Lok Sabha.  Debited from CFI:- All the payments on behalf of GOI
2. CENSURE MOTION are debited from the CFI and
 Credited to CFI:- The revenues are credited to the CFI
 It should state the reasons for its adoption in the Lok
Sabha. It can be moved against an individual minister includes the loans raised through loans, treasury bills,
or a group of ministers or the entire council of ways and means advances
 Any payment from the govt like salary, schemes, loans,
ministers.
 It is moved to censure the council of ministers for everything come and go from CFI
specific policies and actions. It can be moved only in  This is the most important of all accounts of the
Lok Sabha. government.
 This fund is filled by:
3. CALL-ATTENTION MOTION
a) Direct and indirect taxes Loans taken by the Indian
 It is introduced in the Parliament by a member to call
government
the attention of a minister to a matter of urgent public
b) Returning of loans/interests of loans to the
importance, and to seek an authoritative statement
government by anyone/agency that has taken it
from him on that matter.
 The government meets all its expenditure from this
 It can be moved in Rajya Sabha as well as Lok Sabha.
fund.
4. ADJOURNMENT MOTION  The government needs parliamentary approval to
 It is introduced in the Lok Sabha to draw the attention withdraw money from this fund.
of the House to a definite matter of urgent public  The provision for this fund is given in Article 266(1) of
importance. It involves an element of censure against the Constitution of India.
the government.  Each state can have its own Consolidated Fund of the
 It can be moved only in Lok Sabha. state with similar provisions.
5. NO-DAY-YET-NAMED MOTION  The Comptroller and Auditor General of India audits
 It is a motion that has been admitted by the Speaker these funds and reports to the relevant legislatures on
but no date has been fixed for its discussion. their management.
 It can be moved in Rajya Sabha as well as Lok Sabha.  The following expenses are charged on the
6. NO CONFIDENCE MOTION Consolidated fund of India:
 Article 75 of the Constitution says that the council of a) President’s Emoluments and allowances and other
ministers shall be collectively responsible to the Lok expenditure relating to his office
Sabha. In other words, the Lok Sabha can remove the b) Chairman and the Deputy Chairman of the Rajya
ministry from office by passing a no-confidence Sabha and the Speaker and the Deputy Speaker of
motion. The motion needs the support of 50 members the Lok Sabha – Salaries and allowances
to be admitted. c) Salaries, allowances and pensions of the Supreme
 It can be moved only in Lok Sabha. Court’s judges
7. CUT MOTIONS d) Pensions of the High Courts’ judges
 A cut motion is a special power vested in members of e) Comptroller and Auditor General of India’s
the Lok Sabha to oppose a demand being discussed for salaries, allowances and pensions
specific allocation by the government in the Finance f) Salaries, allowances and pension of the chairman
Bill as part of the Demand for Grants. and members of the Union Public Service
th th
…………………13 ended,14 starts………………. Commission
g) Administrative expenses of the Supreme Court, the
 THREE ACCOUNTS UNDER THE office of the Comptroller and Auditor General of
CONSTITUTION (3-WALLLETS):- India and the Union Public Service Commission
 The three accounts or the three wallets under the including the salaries, allowances and pensions of
constitution are also mentioned for the states under the persons serving in these offices
the same Article. However, for the three UTs having h) The debt charges for which the Government of
legislative assembly the three accounts are mentioned India is liable, including interest, sinking fund

charges and redemption charges and other tenure funds from the markets, issue of State
expenditure relating to the raising of loans and the government securities (State development loans)
service and redemption of debt or borrowing from financial institutions for short-
i) Any sum required to satisfy any judgement, decree term funding. WMA funding is much cheaper than
or award of any court or arbitral tribunal borrowings from markets.
j) Any other expenditure declared by the Parliament F. OTHER RELATED DECISIONS:
to be so charged a) The Special Drawing Facility (SDF) availed by State
INTERNET ADDITION Governments/UTs shall continue to be linked to
the quantum of their investments in marketable
 WHY IN NEWS securities issued by the Government of India,
 The Reserve Bank of India (RBI) has decided to including the Auction Treasury Bills (ATBs).
continue with the existing interim Ways and Means b) The annual incremental investments
Advances (WMA) scheme limit of Rs. 51,560 crore for in Consolidated Sinking Fund (CSF) and Guarantee
all States/UTs upto September 2021, given the Redemption Fund (GRF) shall continue to be
prevalence of Covid-19. eligible for availing of SDF.
 ABOUT WAYS & MEANS ADVANCES:  AUCTION TREASURY BILLS
A. LAUNCH: The WMA scheme was introduced in 1997.  These are money market instruments issued by the
B. PURPOSE: To meet mismatches in the receipts and Government of India as a promissory note with
payments of the government. guaranteed repayment at a later date.
 Funds collected through such tools are typically used
C. FEATURES:
a) The government can avail immediate cash from to meet short term requirements of the government,
the RBI, if required. But it has to return the hence, to reduce the overall fiscal deficit of a country.
amount within 90 days. Interest is charged at the  CONSOLIDATED SINKING FUND
existing repo rate.  CSF was set up in 1999-2000 by the RBI to meet
 Section 17(5) of the RBI Act, 1934 authorises the redemption of market loans of the States.
central bank to lend to the Centre and state  Initially, 11 States set up sinking funds. Later,
th
governments subject to their being repayable “not the 12 Finance Commission (2005-10)
later than three months from the date of the recommended that all States should have sinking funds
making of the advance”. for amortisation of all loans, including loans from
 Repo Rate is basically the rate at which RBI lends banks, liabilities on account of National Small Saving
short-term money to banks. Fund (NSSF), etc.
b) If the WMA exceeds 90 days, it would be treated  The fund should be maintained outside the
as an overdraft (the interest rate on overdrafts is consolidated fund of the States and the public
2 percentage points more than the repo rate). account.
c) The limits for WMA (for Centre) are decided by  It should not be used for any other purpose,
the government and RBI mutually and revised except for redemption of loans.
periodically.  As per the scheme, State governments could
d) A higher limit provides the government contribute 1-3% of the outstanding market loans each
flexibility to raise funds from RBI without year to the Fund.
borrowing them from the market.  The Fund is administered by the Central Accounts
D. TYPES: Section of RBI Nagpur.
a) There are two types of Ways and Means Advances  GUARANTEE REDEMPTION FUND
— normal and special.  A Guarantee Redemption Fund (GRF) has been established in
b) A Special WMA or Special Drawing Facility is the Public Account of India from 1999-2000 for redemption
provided against the collateral of the government of guarantees given to Central Public Sector
securities held by the state. Enterprises (CPSEs), Financial Institutions, etc. by the Union
c) After the state has exhausted the limit of SDF, it Government whenever such guarantees are invoked.
 The fund is fed through budgetary appropriations with an
gets normal WMA.
annual provision in the Budget Estimates (BE).
d) The interest rate for SDF is one percentage point
 On the recommendations of Twelfth Finance
less than the repo rate. Commission, fifteen States have set up a Guarantee
e) The number of loans under normal WMA is based Redemption Fund.
on a three-year average of actual revenue and  This fund is maintained outside the consolidated fund of the
capital expenditure of the state. States in the public account and is not to be used for any
E. SIGNIFICANCE: other purpose, except for redemption of loans. This ensures
a) The cash flow problems of States have been good fiscal governance.
aggravated by the impact of Covid-19, thus many 2. CONTINGENCY FUND OF INDIA (267)
States are in need of immediate and large financial A. WHOSE PERMISSION
resources to deal with challenges, including  Permission of President
medical testing, screening and providing income  The fund is held by Finance Secretary on Behalf of The
and food security to the needy. President
b) WMA can be an alternative to raising longer-
 Any amount spent from contingency fund has to be j) National Calamity & Contingency Fund (NCCF) (for
refilled from CFI (Consolidated Fund of India) at the Disaster Management)
end of the year therefore held accountable by the k) Similar funds
parliament  This is constituted under Article 266(2) of the
B. DETAILS Constitution.
 As per 267 , The parliament by law shall establish  All other public money (other than those covered
contingency fund of India & prescribe the limit. under the Consolidated Fund of India) received by or
Therefore the parliament has enacted Contingency on behalf of the Indian Government are credited to this
Fund of India Act-1950 under which the limit account/fund.
Rs.30,000crore (Budget 2021-2022 had increased the  The government does not need permission to take
limit from Rs 500 to 30,000 Crores) advances from this account.
 Account is utilised for  Each state can have its own similar accounts.
a) Immediate relief to the victims of Natural Disaster  The audit of all the expenditure from the Public
and Account of India is taken up by the CAG
b) For launching New Policy Decisions within the
Financial Year
 Provision for this fund is made in Article 267(1) of the
Constitution of India.
 Its corpus is Rs. 30,000 crores (Not fixed depends on
parliaments decision). It is in the nature of an imprest
(money maintained for a specific purpose).
 The Secretary of, Finance Ministry holds this fund on
behalf of the President of India.
 CONTROLLER GENERAL OF ACCOUNTS (CGA)
 This fund is used to meet unexpected or unforeseen  The CGA is the Principal Accounting Adviser to the
expenditure. Government of India. The office is in the Department of
 Each state can have its own contingency Expenditure, Ministry of Finance, GOI.
 CGA is responsible for establishing and maintaining a
fund established under Article 267(2)
technically sound Management Accounting System.
3. PUBLIC ACCOUNT OF INDIA (266)  It also prepares and submits the accounts of the Central
Government.
A. WHOSE PERMISSION  It is also in charge of the exchequer control and internal
 Permission of Executive (means operate by GOI) audits.
B. DETAILS THE INTERNET ADDITION
 Includes all public money except the money credited
to CFI  TYPES OF EXPENDITURES (GOI)
 Public account means GOI is receiving its money i.e. 1. CHARGED EXPENDITURES
not its revenue but it is retaining the money of people  Non-votable charges are called charged expenditures.
of India as a trustee means GOI holds people’s money  No voting takes place for this amount which is spent from the
and in return GOI offers some interest but it is not Consolidated Fund of India. Parliamentary approval is not
revenue or earnings of India . example:- Provident needed.
 These are paid whether or not the budget is passed.
Fund money is received into Public Account
 Emoluments, allowances and expenditure of the President
 Govt holds the money as a trustee and includes and his office, salary and allowances of chairman, Deputy
the followings:- chairman of Rajya Sabha, Speaker, Supreme Court judges,
a) Provident fund, Postal insurance, etc. CAG and Deputy Speaker of the Lok Sabha come under this
b) Small savings deposits (Kisan Vikas pattar, expenditure.
National saving certificate NSC)  Another example of charged expenditure is debt charges of
c) Reserve funds like NDRF , NREGF (National Rural the government.
 These are not voted because these payments are deemed
Employment Guarantee Fund), Primary education
guaranteed by the state.
funds (Prarambik Shiksha Kosh)  Even though voting does not take place, discussion on these
d) Deposits and advances can take place in both the Houses.
e) Suspense and miscellaneous (money whose source
2. VOTED/VOTABLE EXPENDITURES
cannot be identified)  This is the actual budget.
f) Remittances (means money that is transferred  The expenditures in the budget are actually in the form
from one govt department to another, don’t of Demand for Grants.
confuse it with remittance of Forex)  The demands for grants are presented to the Lok Sabha along
g) Bank savings account of the various with the Annual Financial Statement. Generally, one Demand
ministries/departments for Grant is presented for each Ministry or Department.
h) National small savings fund, defense fund 3. SUPPLEMENTARY GRANTS
i) National Investment Fund (money earned from  Supplementary grants are granted when the sum
disinvestment) approved by the Parliament via the appropriation act
for a certain service for the current financial year is

found to be inadequate. 3. Excess
4. ADDITIONAL GRANTS  Excess Grant: It is granted when money has been
 These are granted when a need has emerged for the spent on any service during a financial year in
duration of the present financial year for additional excess of the amount granted for that service in the
expenditure for certain new service, not considered in budget for that year.
the budget for that year.  It is voted by the Lok Sabha after the financial year.
5. EXCESS GRANTS  Before the demands for excess grants are submitted to
 Excess Grant is granted when the cash spent on any the Lok Sabha for voting, they must be approved by
provision in a financial year exceeds the amount the Public Accounts Committee of Parliament.
granted for that service in the budget.  After the financial year ended the audits reveals the
extra amount
 TOPIC:- THE GRANTS:- C. GRANTS UNDER ARTICLE-116
 According to Art-114 (3) Subject to the provisions of
articles 115 and 116, no money shall be withdrawn
1. Vote of credit
 Vote of credit is called as Blank Cheque
from the Consolidated Fund of India expect under
 Vote of Credit: It is granted for meeting an unexpected
appropriation made by law passed in accordance with demand upon the resources of India, when on account
the provisions of this article (114) of the magnitude or the indefinite character of the
 Subject to the provisions of articles 115 and 116, service, the demand cannot be stated with the details
means they are exceptions , they are popularly ordinarily given in a budget.
referred as Grants as they can be withdrawn more than  Hence, it is like a blank cheque given to the Executive
once in a year {however under art-114 GOI can only by the Lok Sabha.
withdraw once a year from CFI)  Idea is when you talk about blank cheque or vote of
 According to Article-114(2) No amendment shall be credit it means you are taking money for such a service
proposed to any such Bill in either House of Parliament whose character is Indefinite character (aisa khracha
which will have the effect of varying the amount or jiska hisab GOI could not give inn Budget). For example
altering the destination of any grant so made or of like in war, natural disaster condition , corona etc times
varying the amount of any expenditure charged on the 2. Exceptional
Consolidated Fund of India, and the decision of the  It is granted for a special purpose and forms no part of
person presiding as to whether an amendment is the current service of any financial year.
inadmissible under this clause shall be final. 3. Vote on-account
 GRANTS:- Article 115 and Article 116  It is a grant under Art-116 that is sanctioned pending
A. TOKEN GRANTS (INFERRED FROM the passing of annual financial statement
 Granted for two months (April and May)
ARTICLE 114):-  Granted after the general discussion over the Budget is
 Token Grant: It is granted when funds to meet the over
proposed expenditure on a new service can be made  However, Vote on Account is not granted Post-2017 as
available by reappropriation. the Budget session has been Pre-poned by a month, as
 It involves Re-Appropriation (as no extra amount is a result of Which the Budget is passed before 31 of
st
taken) March
 A demand for the grant of a token sum (of Re 1) is  However, In an Election year vote –on Account might
submitted to the vote of the Lok Sabha and if assented, be taken for 4 to 5 months. But in practice the
funds are made available. governments introduces the interim budget which is a
 Reappropriation involves transfer of funds from one statement of expenditure and receipt as compare to
head to another. It does not involve any additional vote on-account (which is a statement of expenditure)
expenditure. CSP-2011:- the term Interim has no relation with the
B. GRANTS UNDER ARTICLE-115:- confidence or majority of the govt , infact it is introduced
by the govt which has the confidence of the house. The
1. Supplementary term interim only indicates that it is intruded by the govt
 It is for supplementing the lacking funds
before elections and the new govt shall introduce the main
 It is needed when the amount authorised by
budget or the budget
the Parliament through the appropriation act for a
particular service for the current financial year is found
 According to Article 266 of the Constitution, drawing
to be insufficient for that year.
 This grant is presented and passed by the Parliament money from the Consolidated Fund of India requires
before the end of the financial year. Parliamentary permission. Furthermore, Article 114
(3) of the Constitution states that no money can be
2. Additional taken from the Consolidated Fund until a law is passed
 It is new additional money added by GOI in same year (i.e. Appropriation bill). The passage of an
 Additional Grant: It is granted when a need has arisen appropriation bill is a lengthy process that normally
during the current financial year for additional lasts until the end of April. However, the government
expenditure upon some new service not contemplated would require funds to continue its routine operations
in the budget for that year. after March 31st (the end of the financial year). To
address this practical issue, Article 116 of the c) Report:- write a report to the house or the
Constitution allows the Lok Sabha to make any grant in presiding officer
advance for expected spending for a portion of the d) Work under :- the direction of Presiding Officer
fiscal year, awaiting the conclusion of the vote on grant e) Secretariat Services:- are provided by the Lok
demands and the adoption of the appropriation bill. Sabha or Rajya Sabha
This is known as the 'vote on account' clause.  Importance of parliamentary committees:-
 Until 2016, when the Budget was delivered on the last a) Lack of time & expertise (in parliament)
working day of February, the vote on account was b) Procedure is rigid in the parliament (and we have
commonly employed. The budget presentation date anti-defection law so in parliamentary committee
has been moved up to February 1st since 2017. This it is flexible and we have no anti-defection law)
allowed the government to enact the complete budget c) They invite public opinions and experts (like NGOs,
in the same fiscal year in less than two months. CSO’s) (which is not possible in Parliament)
 Since 2017, unless there are exceptional d) Act as Training ground for future ministers
circumstances, such as an election year, Vote on e) They Act as cooling chamber
Account has not been utilized as a part of the
government budgeting process.
 CLASSIFICATION OF PARLIAMENTARY
 A 'Vote on Account' is not the same as an interim COMMITTEES:-
budget. An Interim Budget is a comprehensive set of  They are of two types
accounts, covering both expenditure and receipts, as 1) Adhoc (temporary)Committees
opposed to a 'Vote on Account,' which solely deals with 2) Standing (Permanent):- further of two heads
the expenditure side of the government's budget. A. Members from one house:- further of different
 A vote-on-account is Parliament's approval to the heads
Centre for withdrawal of money from the a) Estimates committees (30+0) :- means 30
Consolidated Fund of India for a specified expenditure from Lok sabha and zero from Rajya sabha
to be incurred for a particular period b) House committees:- around list of 12 house
 Hence, vote-on-account is taken whereby a committees
government gets parliamentary approval to run the B. Members from both the houses
th th
government for a few months, using funds drawn …………………14 ended,15 starts……………….
from the Consolidated Fund of India  HOUSE COMMITTEES:- around list of 12
 Vote on Account is the special provision given to the
house committees
government to obtain the vote of Parliament to
1) Business advisory committee
withdraw money when the budget for the new
2) General purposes committee
financial year is not released
3) Rules committee
 During the transition phase before a new government
 Note:- Members for these three committees are
takes office, an interim budget is published, but the
from the same house. These are chaired by
governing government needs Parliament's approval to
speaker or the chairman
withdraw funds from the Consolidated Fund of India,
4) Committee on private member bills and
which holds all of the country's income. Thus, the use
resolutions
of vote on account becomes highly necessary in the
5) Committee on absence of members from the
budgetary proceedings of the parliament.
sitting of the house
 WHAT ARE THE RELATED CONSTITUTIONAL  Note:- these number 4 and 5 committees are only
PROVISIONS? exist in Lok Sabha
a) Article 115 pertains to supplementary, additional 6) Committee on government assurance
or excess grants. 7) Committee on subordinate legislation (CSP-2018)
b) Article 116 of the Constitution pertains to Votes 8) Committee of privileges
on account, Votes of credit and exceptional 9) Committee on petitions
grants. 10) Houses’ committee
c) Supplementary, additional, excess and exceptional 11) Committee on people’s laid on the table
grants and vote of credit are regulated by the 12) Ethics committee
same procedure which is applicable in the case of  MEMBERS FROM BOTH THE HOUSES
a regular budget.
1. D.R.S.C.:- (21+10) members
 PARLIAMENTARY COMMITTEES:- 2. Financial committees
 Source:- Constitution and Article-88 + 105 a) PAC (15+7 members):- Public Accounts
 Details:- Rules of the house (books) is the source for it Committee
 In Parliamentary committees:- anyone can be invited b) CoPU (15+7):- Committee on Public
inside a parliamentary committee (all concerned Undertakings
stakeholders can be invited like RBI governor etc) 3. Other committees
 What are parliamentary committees:- a) Library committee
a) MP’s Are the members b) Committee on empowerment of women
b) Constituted :- by the house or the presiding officer c) Committee on welfare of SC & ST
d) Joint Committee on office of Profit

e) Joint committee on salaries and allowances of  Committees to Scrutinise and Control
MP’s {statutory parliamentary committee  Committees Relating to the Day-to-Day
constituted under S & A of MP Act 1954} Business of the House
 ADHOC (TEMPORARY) COMMITTEES  House-Keeping Committees or Service
1. Railway convention committee Committees
2. Select committee on bills  While the Ad Hoc Committees are temporary and
3. Joint committee on bills cease to exist on completion of the task assigned
4. Joint parliamentary committee to them.
 Select means members from the one house and  They are further subdivided into Inquiry
joint means members from both the houses Committees and Advisory Committees.
 Joint parliamentary committee (JPC) is formed to  The principal Ad hoc Committees are the
investigate any parliamentary Act example JPC Select and Joint Committees on Bills.
formed in 2012 on 2G spectrum case , JPC can  WHAT IS THE SIGNIFICANCE OF
summon anyone (anyone means anyone which PARLIAMENTARY COMMITTEES?
means even the Prime minister)
 Read about the committee from the laxmikanth book 1. Provides Legislative Expertise:
 Most MPs are not subject matter experts on the topics
INTERNET ADDITION being discussed — they are generalists who
 WHAT ARE COMMITTEES OF PARLIAMENT? understand the pulse of the people but rely on advice
A. ABOUT: from experts and stakeholders before making
decisions.
 A Parliamentary Committee is a panel of MPs that
 Parliamentary committees are meant to help MPs
is appointed or elected by the House or nominated by
seek expertise and give them time to think about
the Speaker/Chairman.
issues in detail.
 The committee works under the direction of the
Speaker/chairman and it presents its report to the 2. Acting as a Mini-Parliament:
House or to the Speaker/chairman.  These committees act as a mini-parliament, as they
 Parliamentary Committees have their origins in the have MPs representing different parties are elected
British Parliament. into them through a system of the single transferable
 They draw their authority from Article 105 and Article vote, in roughly the same proportion as their strength
118. in Parliament.
a) Article 105 deals with the privileges of MPs. 3. Instrument for Detailed Scrutiny:
b) Article 118 gives Parliament authority to make  When bills are referred to these committees, they are
rules to regulate its procedure and conduct of examined closely and inputs are sought from various
business. external stakeholders, including the public.
B. NEED: 4. Provides a Check on the Government:
 A Bill is introduced in either House of Parliament to  Although committee recommendations are not binding
begin legislative business but the process of law on the government, their reports create a public
making is often complex, and Parliament has limited record of the consultations that took place and put
time for detailed discussions. pressure on the government to reconsider its stand on
 Also, the political polarisation and shrinking middle debatable provisions.
ground has been leading to increasingly rancorous and  By virtue of being closed-door and away from the
inconclusive debates in Parliament. public eye, discussions in committee meetings are also
 Due to these issues, a great deal of legislative business more collaborative, with MPs feeling less pressured to
ends up taking place in the Parliamentary Committees posture for media galleries.
instead.  Why is the Sidelining of the Parliamentary
 WHAT ARE THE VARIOUS COMMITTEES OF Committees an Issue?
PARLIAMENT? 1. Weakening of Parliamentary System
 India’s Parliament has multiple types of committees. Government:
They can be differentiated on the basis of their work,  A parliamentary democracy works on the doctrine of
their membership and the length of their tenure. fusion of powers between parliament and the
 However, broadly there are two types of executive, but the Parliament is supposed to maintain
Parliamentary Committees– Standing Committees and oversight of the government and keep its power in
Ad Hoc Committees. check.
 The Standing Committees are permanent  Thus, by circumventing the Parliamentary committees
(constituted every year or periodically) and work in the passing of significant legislation, there is a risk of
on a continuous basis. weakening democracy.
 Standing Committees can be classified into the
following six categories:
2. Enforcing Brute Majority:
 In the Indian system, it is not mandatory for bills to be
 Financial Committees
sent to committees. It’s left to the discretion of the
 Departmental Standing Committees
Chair — the Speaker in the Lok Sabha and Chairperson
 Committees to Enquire

in the Rajya Sabha. 3. Difference between censure motion and no-confidence
 By giving discretionary power to the Chair, the system motion
has been specially rendered weak in a Lok Sabha where 4. Which devices are not mentioned in the rules of the
the ruling party has a brute majority. procedure of the house
 WAY FORWARD  Read about the this from the laxmikanth book
 Mandating scrutiny for the significant bills passed is by  PARLIAMENTARY PRIVILEGES
no means a hurdle to the legislative process, rather it is  Read about the this from the laxmikanth book
necessary to uphold the quality of legislation, and by  As it is discussed in privileges of president and
extension, the quality of governance. governor and Art-361
 Thus, a strong parliamentary committee system is
required to ensure Parliament’s sanctity in the law-  STATE LEGISLATURE PART-VI
making process.
 UPSC Civil Services Examination, Previous Year
(ART-168-212)
Questions (PYQs)  Article 168 in The Constitution Of India 1949
 Q. With reference to the Parliament of India, which of  168. Constitution of Legislatures in States
the following Parliamentary Committees scrutinizes 1. For every State there shall be a Legislature which shall
and reports to the House whether the powers to consist of the Governor, and
make regulations, rules, sub-rules, by-laws, etc., a) in the States of Bihar, Madhya Pradesh,
conferred by the Constitution or delegated by the Maharashtra, Karnataka and Uttar Pradesh, two
Parliament are being properly exercised by the houses:
Executive within the scope of such delegation? (2018) b) in other States, one House
a) Committee on Government Assurances 2. Where there are two Houses of the Legislature of a
b) Committee on Subordinate Legislation State, one shall be known as the Legislative Council and
c) Rules Committee the other as the Legislative Assembly, and where there
d) Business Advisory Committee is only one House, it shall be known as the Legislative
 Ans: (b) Assembly
 Exp:  Article 169 in The Constitution Of India 1949
 Committee on Government Assurance: The functions  169. Abolition or creation of Legislative Councils
of the Committee on Government Assurances are to in States
scrutinize the assurances, promises, and undertakings
1) Notwithstanding anything in Article 168,
etc., given by the Ministers, from time to time on the Parliament may by law provide for the abolition of
floor of the House. For Lok Sabha it is a 15 member the Legislative Council of a State having such a
body, whereas Rajya Sabha has 10 members.
Council or for the creation of such a Council in a
 Committee on Subordinate Legislation: The functions
State having no such Council, if the Legislative
of the Committee on Subordinate Legislation are to Assembly of the State passes a resolution to that
scrutinize and report to the House whether the powers effect by a majority of the total membership of the
to make regulations, rules, and sub-rules, bye-laws etc.
Assembly and by a majority of not less than two
conferred by the Constitution or delegated by thirds of the members of the Assembly present
Parliament are being properly exercised within such and voting
delegation. For both Lok Sabha and Rajya Sabha it is a 2) Any law referred to in clause ( 1 ) shall contain
15 member body.
such provisions for the amendment of this
 Rules Committee: Its function is to consider matters of
Constitution as may be necessary to give effect to
procedure and conduct of business in the House and to the provisions of the law and may also contain
recommend any amendments or additions to these
such supplemental, incidental and consequential
rules that may be deemed necessary. For Lok Sabha it
provisions as Parliament may deem necessary
is a 15 member body, whereas Rajya Sabha has 16 3) No such law as aforesaid shall be deemed to be an
members. The committee is headed by the Chairman amendment of this Constitution for the purposes
or the Speaker, as the case may be, for Rajya Sabha
of Article 368
and Lok Sabha respectively.  Under Art 169:- the parliament by law shall create or
 Business Advisory Committee: The function of the
abolish legislative council If the legislative assembly of
Committee is to recommend the time that should be the state passes a resolution by special majority
allotted for the discussion of such government
{similar to Art-368}
legislative and other business as the Speaker, in
 Questions must be in mind that who will form /
consultation with the Leader of the House, may direct
to be referred to the Committee. It is a 15 member
abolish legislative council:- Parliament (power given
body in Lok Sabha headed by the Speaker of the House. by constitution). Parliament is forced into action by the
Therefore, option (b) is the correct answer. state legislative assembly of that concerned state by
passing a resolution. But this resolution is non-binding
 DEVICES OF PARLIAMENTARY PROCEEDINGS on the parliament (its parliament’s discretion}.
1. Questions, motions, resolutions and discussions. Therefore:-
2. Difference between motion and resolution a) Resolution is non-binding

b) Such a law shall not be an amendment under  Nagaland = minimum strength to be 46
Article-368 {therefore simple majority} {this means  Note:- these are the maximum and minimum for state
where is the amendment is needed, so based on assemblies (note:- there is no the minimum of Lok
what provision we are trying to amend we are Sabha. The minimum strength of Lok sabha is given in
deciding what majority must be needed} Art-81 and of legislative assembly of state under
c) So as a procedure the president has to notify the Article-170. Minimum strength is only given for state
creation of legislative council (in the gazette). For assemblies) {present strength of Lok Sabha is known
th
example:- 7 CAA 1956 created legislative council to us by RPA-1950}
for Madhya Pradesh but the council was not  Important Note:- constitution doesn’t discuss the
notified by the president (it is an exception) . (it is present strength of state assemblies . it just gives
always notified but this was a very interesting case maximum and minimum number. But the states and
we had passed the amendment to constitution) the strength in assembly like the strength in lok sabha
 Article 170 in The Constitution Of India 1949 at present is listed in the same source i.e. RPA-1950
 170. Composition of the Legislative Assemblies  Article 171 in The Constitution Of India 1949
1) Subject to the provisions of Article 333, the Legislative  171. Composition of the Legislative Councils
Assembly of each State shall consist of not more than 1) The total number of members in the Legislative Council
five hundred, and not less than sixty, members chosen of a State having such a Council shall not exceed one
by direct election from territorial constituencies in the third of the total number of members in the Legislative
State Assembly of that State: Provided that the total number
2) For the purposes of clause ( 1 ), each State shall be of members in the Legislative Council of a State shall in
divided into territorial constituencies in such manner no case be less than forty
that the ratio between the population of each 2) Until Parliament by law otherwise provides, the
constituency and the number of seats allotted to it composition of the Legislative Council of a State shall
shall, so far as practicable, be the same throughout the be as provided in clause ( 3 )
State Explanation In this clause, the expression 3) Of the total number of members of the Legislative
population means the population as ascertained at the council of a State
last preceding census of which the relevant figures a) as nearly as may be, one third shall be elected by
have been published: Provided that the reference in electorates consisting of members of
this Explanation to the last preceding census of which municipalities, district boards and such other local
the relevant figures have been published shall, until the authorities in the State as Parliament may by law
relevant figures for the first census taken after the year specify;
2000 have been published, be construed as a reference b) as nearly as may be, one twelfth shall be elected
to the 1971 census by electorates consisting of persons residing in the
3) Upon the completion of each census, the total number State who have been for at least three years
of seats in the Legislative Assembly of each State and graduates of any university in the territory of India
the division of each State into territorial constituencies or have been for at least three years in possession
shall be readjusted by such authority and in such of qualifications prescribed by or under any law
manner as Parliament may by law determine: Provided made by Parliament as equivalent to that of a
that such readjustment shall not affect representation graduate of any such university;
in the Legislative Assembly until the dissolution of the c) as nearly as may be, one twelfth shall be elected
then existing Assembly: Provided further that such by electorates consisting of persons who have
readjustment shall take effect from such date as the been for at least three years engaged in teaching
President may, by order, specify and until such in such educational institutions within the State,
readjustment takes effect, any election to the not lower in standard than that of a secondary
Legislative Assembly may be held on the basis of the school, as may be prescribed by or under any law
territorial constituencies existing before such made by Parliament;
readjustment: Provided also that until the relevant d) as nearly as may be, one third shall be elected by
figures for the first census taken after the year 2000 the members of the Legislative Assembly of the
have been published, it shall not be necessary to State from amongst persons who are not members
readjust the total number of seats in the Legislative of the Assembly;
Assembly of each State and the division of such State  (e) the remainder shall be nominated by the Governor
into territorial constituencies under this clause in accordance with the provisions of clause ( 5 )
4) The members to be elected under sub clauses (a), (b)
 ARTICLE-170:- THE COMPOSITION OF and (c) of clause ( 3 ) shall be chosen in such territorial
THE LEGISLATIVE ASSEMBLIES constituencies as may be prescribed by or under any
 Maximum strength is = 500 law made by Parliament, and the election under the
 Minimum strength is = 60 said sub clauses and under sub clause (d) of the said
 Exceptions:- clause shall be held in accordance with the system of
 Goa = minimum strength to be 30 proportional representation by means of the single
 Sikkim = minimum strength to be 30 transferable vote
 Arunachal = minimum strength to be 30 5) The members to be nominated by the Governor under
 Mizoram = minimum strength to be 40 sub clause (e) of clause ( 3 ) shall consist of persons
having special knowledge or practical experience in by governor)(but the bill can be referred to the
respect of such matters as the following, namely: legislative council again by the legislative assembly
Literature, science, art, co-operative movement and (called bulldogging of the bill by assembly). Even
social service though there is again a deadlock, the legislative
 ARTICLE-171 THE COMPOSITION OF council now second time can delay the bill
maximum for one month. And post one month ,
THE LEGISLATIVE COUNCILS the bill shall be deemed to be passed by the
 Maximum strength = 1/3rd of total strength of legislative council (this is the clear domination of
legislative assembly legislative assembly). Therefore the Legislative
 Minimum strength = 40 council can delay the bill maximum for (3+1) = 4
 6 states have legislative council months
a) UP  If a bill passed by legislative council is referred to
b) Bihar Legislative assembly and if rejected by legislative
c) Andhra assembly then the bill shall lapse. The time limit
d) Telengana to be acted upon for legislative assembly is not
e) Maharashtra fixed or given (no time limit within which LA has to
f) Karnataka act on the bill referred by LC to LA)
 Source of present strength of 6 legislative
councils of the states :- given under RPA-1950
 STATE EXECUTIVE (153-167)
 same pattern of government in the states as that for
 ELECTORS OF LEGISLATIVE COUNCIL the Centre, that is, a parliamentary system.
rd
a) 1/3 elected by MLA’s  The state executive consist of
rd
b) 1/3 elected by Local Bodies (Rural and Urban) a) Governor,
th th
c) 1/12 elected by Teachers (≥ Class 10 )(3 years b) chief minister, council of ministers and
standing and residing in the state) c) the advocate general.
th
d) 1/12 elected by Graduates (3 years standing and  Note:- No vice-Governor
residing in the state)  Dual role for the governor that is he is the chief
th
e) 1/6 nominated by Governor from Literature, executive head of the state and also a nominee of the
Arts, Science, Social Service , cooperative central govt.
movement
 As per Art-171 the above arrangement of electors can  THE GOVERNOR OF STATE & STATE
be modified by parliament by law. However, no such  153. GOVERNORS OF STATES. —
law has been passed by the parliament  There shall be a Governor for each State: Provided that
 3 years standing means :- at least three year before nothing in this article shall prevent the appointment of
the date when we prepare the electoral role the same person as Governor for two or more States.]
 About Rajya Sabha v/s legislative council :-  154. EXECUTIVE POWER OF STATE. —
a) RS being the non-popular house is the permanent,  The executive power of the State shall be vested in the
so the legislative council is permanent. Governor and shall be exercised by him either directly
rd
b) As nearly as possible 1/3 of the members retired or through officers subordinate to him in accordance
at the end of two years in Rajya sabha, exactly with this Constitution.
same in legislative council As nearly as possible
rd
1/3 of the members retired at the end of two
 155. APPOINTMENT. –
 He is appointed by the president by warrant under his
years {manner of election is proportional
representation by single transferable vote} hand and seal.
c) Term of RS member = 6 years as per RPA-1951, a) Therefore, the American model, where the
similarly term of legislative member = 6 years as Governor of a state is directly elected, was
per RPA-1951 dropped and the Canadian model, where the
governor of a province (state) is appointed by the
 EXCEPTIONS w.r.t. THE PARLIAMENT Governor-General (Centre), was accepted in the
 The chairman of legislative council: - Chairman of Constituent Assembly.
council of states was not the member of house, he is b) The Governor, thereby, is a nominee of the Central
elected by the members amongst the members government.
th
 Quorum:- 1/10 of total strength of house or 10 . c) However, the Supreme Court has ruled in 1979
whichever is greater that the governor of state is not an employment
 Procedure to enact a bill 9Article-197):- If a bill has under the central government. It is an
been passed by legislative assembly and refer to independent constitutional office therefore is not
legislative council , legislative council can under the control or subordinate to the central
a) Pass govt.
b) Amend (can reject or accept)
c) Reject
 156. TERM OF OFFICE OF GOVERNOR.
 (1) The Governor shall hold office during the pleasure
d) If not passed within 3 months
 (if doesn’t happen we call it as deadlock , note in of the President.
case of deadlock no joint sitting can be summoned
 (2) The Governor may, by writing under his hand so made, such emoluments, allowances and privileges
addressed to the President, resign his office. as are specified in the Second Schedule. (Governor’s
 (3) Subject to the foregoing provisions of this article, a (Emoluments, Allowances and Privileges) Act, 1982.
Governor shall hold office for a term of five years from 1[(3A) Where the same person is appointed as
the date on which he enters upon his office: Governor of two or more States, the emoluments and
 Provided that a Governor shall, notwithstanding allowances payable to the Governor shall be allocated
the expiration of his term, continue to hold office among the States in such proportion as the President
until his successor enters upon his office. (The may by order determine.]
President may transfer a Governor appointed to  (4) The emoluments and allowances of the Governor
one state to another state for the rest of the term. shall not be diminished during his term of office.
 BP SINGHAL CASE (2010)  159. OATH OR AFFIRMATION BY THE
a) Article 156 (1) of the Constitution [under which a GOVERNOR-
Governor holds office during the pleasure of the  Chief Justice of the High Court-or, in his absence, the
President] dispenses with is the need to assign reasons senior most Judge of that Court.
or the need to give notice, but the need to act fairly  (Every person discharging the functions of the governor
and reasonably cannot be dispensed with by Article also undertakes the similar oath or affirmation.)
156(1)
b) Governor is neither an employee nor agent of the
 160. DISCHARGE OF THE FUNCTIONS
Union government, OF GOVERNOR IN CONTINGENCIES:-
c) Governor cannot be removed on the ground that  The President may make such provision as he thinks fit
he/she is out of sync with the policies and ideologies of for the discharge of the functions of the Governor of a
the Union government or the party in power at the State in any contingency not provided for in this
Centre. Chapter.
d) Nor can he/she be removed on the ground that the  Therefore the Constitution does not prescribe who
Union government has lost confidence in him/her. shall perform the functions in case if the governor is
e) change in government at the Centre was not a ground unable to do. It allows the President to decide.
for removal of Governors to make way for others
favoured by the new government.
 162. EXTENT OF EXECUTIVE POWER OF
f) It is for the aggrieved Person to prove that the order STATE
was malafide.  Subject to the provisions of this Constitution, the
 157 QUALIFICATIONS FOR APPOINTMENT AS executive power of a State shall extend to the matters
with respect to which the Legislature of the State has
GOVERNOR
power to make laws: Provided that in any matter with
 No person shall be eligible for appointment as
respect to which the Legislature of a State and
Governor unless he is a citizen of India and has
Parliament have power to make laws, the executive
completed the age of thirty five years.
power of the State shall be subject to, and limited by,
 Additionally, two conventions have also developed in
the executive power expressly conferred by this
this regard over the years. First, he should be an
Constitution or by any law made by Parliament upon
outsider, that is, he should not belong to the state
the Union or authorities thereof.
where he is appointed, so that he is free from the local
 • 163
politics. Second, while appointing the governor, the
 • 164
president is required to consult the chief minister of
 • 165
the state concerned, so that the smooth functioning of
 • 166
the constitutional machinery in the state is ensured.
 • 167
However, both the conventions have been violated in
some of the cases.  FUNCTIONS OF GOVERNOR
 158. CONDITIONS OF GOVERNOR’S OFFICE  The governor has to appoint a tribal welfare minister in
 (1) The Governor shall not be a member of either the states of Chattisgarh, Jharkhand, Madhya Pradesh
House of Parliament or of a House of the Legislature of and Odisha appointed by him.
any State specified in the First Schedule, and if a  There should be a Tribal Welfare minister the states of
member of either House of Parliament or of a House of Chattisgarh, Jharkhand, Madhya Pradesh and Odisha
the Legislature of any such State be appointed appointed by him.
Governor, he shall be deemed to have vacated his seat  No Diplomatic, emergency and military powers.
in that House on the date on which he enters upon his  Term discretion is mentioned for the governor under
office as Governor. article 163 (it is not mentioned for president)
 (2) The Governor shall not hold any other office of
profit. DISCRETIONARY POWERS
 (3) The Governor shall be entitled without payment of A. Difference with the president:
rent to the use of his official residences and  The Constitution mentions the term discretion under
 (4) shall be also entitled to such emoluments, article 163 where the governor has to act on the advice
allowances and privileges as may be determined by in aid of the council of ministers headed by the chief
Parliament by law and, until provision in that behalf is minister except when he acts on discretion.(therefore
the Constitution envisages the possibility of the 6) Sikkim–For peace and for ensuring social and economic
Governor acting at times in his discretion) If any advancement of the different sections of the
question arises whether any matter is or is not a population.
matter as respects which the Governor is required to 7) Arunachal Pradesh–With respect to law and order in
act in his discretion, the decision of the Governor in his the state. 8. Karnataka - Establishment of a separate
discretion shall be final, and the validity of anything development board for Hyderabad Karnataka region
done by the Governor shall not be called in question on
the ground that he ought or ought not to have acted in
 ANTI-DEFECTION LAW
 Aaya Ram Gaya Ram was a phrase that became popular
his discretion.
 After the 42nd Constitutional Amendment (1976), in Indian politics after a Haryana MLA
 Gaya Lal changed his party thrice within the same day
ministerial advice has been made binding on the
President, but no such provision has been made with in 1967. The anti-defection law sought to prevent such
respect to the governor. political defections which may be due to reward of
office or other similar considerations. As a result, the
B. Scope of this discretion: Tenth Schedule was inserted in the Constitution in
 The governor has discretion under the following areas- 1985 by 52nd constitutional amendment act. It lays
1) Reservation of a bill for the consideration of the down the process by which legislators may be
President and Pocket and suspensive veto (200) disqualified on grounds of defection by the Presiding
2) Right to be informed (167) Officer of a legislature.
3) Recommendation for the imposition of the President’s  Prior to its introduction, the Constitution had no
Rule in the state.(356) reference to a “political party” in its text.
4) While exercising his functions as the administrator of  A legislator is deemed to have defected if he either
an adjoining union territory (in case of additional voluntarily gives up the membership of his party or
charge).(239(2)) disobeys the directives of the party leadership on a
5) Determining the amount payable by the Government vote. This implies that a legislator defying
of Assam, Meghalaya, Tripura and Mizoram to an (abstaining or voting against) the party whip on any
autonomous Tribal District Council by state govt as issue can lose his membership of the House. The
royalty accruing from licenses for mineral law applies to both Parliament and state assemblies.
exploration.(sixth schedule)  The provision, has two exceptions-
6) Seeking information from the chief minister with a) when the member obtains from the political
regard to the administrative and legislative matters of party permission to vote or abstain from voting
the state. and
7) Appointment of chief minister (164) when no party has b) the other when the member has voted without
a clear-cut majority in the state legislative assembly or obtaining such permission, his action has been
when the chief minister in office dies suddenly and condoned by the political party.
there is no obvious successor.  If an independent candidate joins a political party
8) Dismissal of the council of ministers (164) when it after the election.
cannot prove the confidence of the state legislative  If a nominated member of a house joins any political
assembly. party after the expiry of six
9) Dissolution of the state legislative assembly (174) if the  months from the date when he becomes a member
council of ministers has lost its majority. of the legislature.
 SPECIAL RESPONSIBILITIES (371,  The law allows a party to merge with or into another
party provided that at least two
371A-J)  thirds of its legislators are in favour of the merger. In
 The governor has certain special responsibilities to such a scenario, neither the members who decide to
discharge according to the directions issued by the merge, nor the ones who stay with the original party
President. In this regard, the governor, though has to will face disqualification.
consult the council of ministers led by the chief  The original Act of 1985 also provided an exemption
minister, acts finally on his discretion. They are as from disqualification in the case of splits in the
follows: political parties. It provided that there will be no
1) Maharashtra–Establishment of separate development disqualification of members if they represent a
boards for Vidarbha and Marathwada. faction of the original political party, which has
2) Gujarat–Establishment of separate development arisen as a result of a split in the party. A defection
boards for Saurashtra and Kutch. by atleast one third members of such a political
3) Nagaland–With respect to law and order in the state party was considered as a split which was not
for so long as the internal disturbance in the Naga Hills- actionable. This provision relating to split in parties
Tensang Area continues. was omitted by the Constitution (Ninety-First
4) Assam–With respect to the administration of tribal Amendment Act enacted in 2003.)
areas.  Also the Constitution under 10th schedule allows
5) Manipur–Regarding the administration of the hill areas the Speaker or deputy Speaker of the Lok Sabha or
in the state. the legislative assembly of a state or the deputy
chairman of the council of states or the chairman or

deputy chairman of legislative council of states to any issue independently whether they are a part of
resign from his political party without getting party manifesto or not.
disqualified.  The law tends to blur the fine distinction between
 The legislator whose disqualification is under defiance on part of members and defection of the
consideration can be represented by lawyers. members leading to their disqualification. With this
 The question as to whether a member of a House of lack of individuality on the part of party members, the
Parliament or State Legislature has become subject anti-defection laws have failed to achieve the desired
to disqualification will be determined by the results.
presiding officer of the House; where the question is  In the UK, MPs have a right to defy the party whip and
with reference to the Presiding Officer cross the floor if they wish.
herself/himself it will be decided by a member of  Does anti-defection law curtail the right of
the House elected by the House on that behalf. free speech of legislators?
 The Chairman or the Speaker of a House has been  This issue was addressed by the five-judge
empowered to make rules for Constitution Bench of the Supreme Court in 1992
 giving effect to the provisions of the Tenth Schedule. (Kihoto Hollohan vs Zachilhu and others). It held that
The rules shall be laid before the House and shall be the law does not violate any rights or freedoms, or
subject to modifications/disapproval by the House. the basic structure of parliamentary democracy.
 A petition in relation to a member may be made in  Furthermore, the Anti-Defection Law removes the
writing to the Speaker or by any other member need for the government to build a broad consensus
provided that a petition in relation to the Speaker for its decisions. The ruling party can ensure the
shall be addressed to the Secretary-General. support of each of its MP by issuing a whip. If it needs
 The rules framed under the 10th schedule allowed to build further support to get a majority, it only needs
only a member of the house to file a petition for to convince the leaders of other parties, and not
disqualification of a member of that house. individual MPs. In a sense, the role of an MP is
However, the Supreme Court in Speaker, Orissa diminished to just a person who has to follow orders
Legislative Assembly Vs. Utkal Keshari Parida (2013) from the party bosses.
held that any person interested is entitled to bring
to the notice of the Speaker or the chairman the
2) Misuse by the presiding officer-
 The Chairman or the Speaker of the House has been
question whether a member has to be disqualified
or not. given wide and absolute power in deciding the cases
 A member disqualified under the anti-defection law pertaining to disqualification of members on the
can contest the by poll And thereby get re-elected ground of defection. They act as tribunals in defection
to the house cases. However, it must be noted that the Speaker still
remains the member of the party which nominated
A. MERITS OF ANTI-DEFECTION LAW him/her for the post of Speaker. In such a scenario, it is
a) Ensures stability of the government in an environment difficult to expect that the Speaker will act impartially
where money power can be used to persuade in cases pertaining to his/ her political party.
individual MPs to bring down elected governments.  SC in Kihoto Hollohan case (1992) stated that there
b) Promotes cohesion amongst MPs elected on the party may not be any judicial intervention until the presiding
ticket. Voters have exercised their preference for a set officer gives his order. However, the final decision is
of policies espoused by the party, and therefore, MPs subject to appeal in the High Courts and Supreme
should be bound by the decisions taken by the part. Court. (Only on four grounds: malafide, perversity,
c) Prevents corruption. violation of the constitutional mandate and order
passed in violation of natural justice.)
B. CRITICISM  The law does not specify a time-period for the
1) Freedom of speech and expression of Presiding Officer to decide on a disqualification plea.
legislators: Given that courts can intervene only after the Presiding
 The anti-defection law ensures that the party members  Officer has decided on the matter, the petitioner
obey the party whip and policies, curbing the seeking disqualification has no option but to wait for
legislator’s freedom to oppose the wrong acts of the this decision to be made. When the politics demanded,
party, bad policies and bills. The political party in this Speakers have been either quick to pass judgment on
sense acts as dictator for its members who are not defection proceedings or delayed acting on them for
allowed to dissent. years.
 This, in a way, violates the principle of representative  Also, the presiding officer lacks the legal knowledge
democracy wherein the members are forced to obey and expertise to adjudicate upon these types of
the high command. In a well-settled representative matters.
democracy, the wishes of the people of the electorate  The Dinesh Goswami Committee on Electoral Reforms,
are taken care of rather than working on the appointed by the V.P. Singh Government in 1990, and
instructions and wishes of the party leaders and as per the Election Commission recommended that the power
its policies. With the increased power being given to to decide on the issue of disqualification under the
party whip, the members are not allowed to vote on Tenth Schedule should be given to the President or the

Governor of the State, who shall act on the advice of only because a large number of people are involved.
the Election Commission. This tends to undermine the democracy of the nation
 The Supreme Court in Keisham Meghachandra Singh and thus the provision seems to be flawed. The
case (2020) in a landmark judgment has now fixed the provision could have been more useful if it had taken
outer limit of three months from the date of its fling for into consideration the real reason for merger rather
the Speaker to decide disqualification petitions. The than the number of members involved.
court has also ruled that the disqualification petition  Also, an independent member is not allowed to join
should be decided by a permanent tribunal headed by any political party for the entire term but a member
a retired Supreme Court judge or a retired chief Justice nominated can, within six months. This unreasonable
of a High Court or some independent mechanism so classification needs to be removed by amendment.
that the disputes are decided swiftly and impartially.
 RECENT MISUSE
3) Voluntarily giving up membership-  The removal of the split provision has prompted
 The Tenth Schedule mentions that the member of the political parties to engineer wholesale defections (to
House is disqualified from the party if he voluntarily merge) instead of smaller ‘retail’ ones.
gives up his membership of the political party but the  Also, legislators are resigning from the membership of
Schedule does not clarify what “voluntarily giving up” the House in order to escape disqualification from
means. ministerial berths.
 Does it only cover resignation of the member from the
party or does it have a wider meaning than that?  RECOMMENDATIONS
 This question arose before the Supreme Court in Ravi  Recommendations of various bodies on referring the
Naik v. Union of India (1994) and the Court while Anti-defection law
interpreting the phrase held that it has a wider 1. DINESH GOSWAMI COMMITTEE ON ELECTED
connotation and can also be inferred from the conduct REFORMS (1990)
of the members. The words ‘voluntarily gives up his  Disqualification should be limited to cases where
membership' were not held synonymous with  (a) a member voluntarily gives up the membership of
‘resignation'. It was held that a person may voluntarily his political party,
give up his membership of a political party even  (b) a member abstains from voting, or votes contrary
without tendering his resignation from the to the party whip in a motion of vote of confidence or
membership of that party. motion of no-confidence.
4) Status of expelled member-  The issue of disqualification should be decided by the
 In G. Vishwanathan v. Speaker, Tamil Nadu Legislative President/ Governor on the advice of the Election
Assembly, (1996) a question arose whether joining Commission
another political party after being expelled from the 2. HALIM COMMITTEE ON ANTI-DEFECTION
original party would amount to voluntarily giving up LAW (1998)
the membership or not. It was held in this case that on  The words 'voluntarily giving up membership of a
being expelled from the party, the member, though political party' be comprehensively defined.
considered ‘unattached’, still remains the member of  Restrictions like prohibition on joining another party or
the old party for the purpose of the Tenth Schedule. holding offices in the government be imposed on
However, if the expelled member joins another expelled members.
political party after expulsion, he is considered to have  The term political party should be defined clearly.
voluntarily given up the membership of his old political 3. LAW COMMISSION (170TH REPORT 1999)
party.  Provisions which exempt splits and mergers from
5) Exemption for mergers- disqualification to be deleted.
 Tenth Schedule seems to provide exception from  Pre-poll electoral fronts should be treated as political
disqualification of members in the cases relating to parties under anti-defection law.
mergers. The provision tends to safeguard the  Political parties should limit issuance of whips to
members of a political party where the original political instances only when the government is in danger.
party merges with another party subject to the 4. ELECTION COMMISSION
condition that atleast two-third of the members of the  Decisions under the Tenth Schedule should be made by
legislature party concerned have agreed to such the President Governor on the binding advice of the
merger. Election Commission.
 The flaw seems to be that the exception is based on 5. CONSTITUTION REVIEW COMMISSION (2002)
the number of members rather than the reason behind  Defectors should be barred from holding public
the defection. The common reasons for defection of office or any remunerative political post for the
individual members seems to be availability of lucrative duration of the remaining term.
office or ministerial posts with the other party. It can  The vote cast by a defector to topple a
very well be expected that the very same reason might government should be treated as invalid.
be available with those two-third members who have  Supreme Court in Keisha Meghachandra Singh vs the
agreed to the merger. If defection by an individual Honourable Speaker, Manipur (2020) has ruled that
member is not acceptable, it is very much difficult to instead of the presiding officer the disputes concerning
assert that the same would be valid in case of mergers disqualification should be decided by a permanent
tribunal headed by a retired Supreme Court judge or a conduct of the proceedings of the Lok Sabha. The need
retired Chief Justice of a High Court. for re-election thus skews incentives for the Speaker.
 A member disqualified should not be allowed to  No sitting Speaker of the House of Commons in Britain
contest the by-poll. has lost his or her seat, given the convention not to
 ANTI-DEFECTION LAW IN OTHER field candidates in the Speaker’s constituency. In
comparison, in India, there are many Speakers who
COUNTRIES have lost their seats in general elections (Dhillon; B.R.
 A survey of Parliamentary practices and conventions Bhagat; Balram Jakhar).
prevailing in other democracies in the world would  In Ireland, the position of Speaker is given to someone
point out that anti-defection laws are in its infancy who has built up credibility by relinquishing his or her
stage. political ambitions.
 Among the Commonwealth countries, anti-defection  Also, Indian Speakers are not made members of the
law is prevalent in 23 nations. The anti-defection law in Rajya Sabha after they demit office; the British
Bangladesh, Kenya, South Africa and Singapore Parliament automatically elevates the Speaker to the
disqualifies a legislator on his ceasing to be member of House of Lords. Any Speaker should be barred from
the party or when he is expelled. future political office, save that of the President, while
 The perceptible presence of anti-defection laws in being given a pension for life.
countries where democracy is in a growing stage  Therefore, if the Speaker’s position is to be restored
indicate that the legislators in those countries are less certain reforms are necessary.
informed on the principles of democracy, but are more  First, the adjudicatory role of the Speaker relating to
focussed on gaining more political and monetary defections, splits and mergers must be entrusted with
ascendancy. either the Election Commission or any neutral body
 But the political ambience in developed democracies outside the legislature.
poses a picture of legislators with democratic values  Secondly, the Speaker should resign from the party and
and freedom of speech equally combined in should quit active party politics.
themselves. The freedom to dissent with the policy of  Thirdly, a convention be established to re-elect him
the political party to which a legislator owes allegiance without contest.
is ensured by the “collective conscience” of the  In the Lok Sabha, the lower House of the Indian
electorate, to which alone the legislators are primarily Parliament, both Presiding Officers—the Speaker and the
Deputy Speaker- are elected from among its members by
responsible.
a simple majority of members present and voting in the
 In the UK Parliament, a member is free to cross over to House. As such, no specific qualifications are prescribed
the other side, without being daunted by any for being elected the Speaker. The Constitution only
disqualification law. requires that Speaker should be a member of the House.
 In the US, Canada, and Australia, there is no restraint
on legislators switching sides  ISSUES WITH GOVERNOR
 As per the constitution, the governor has dual
responsibilities as he is a nominee of the central
government as well as constitutional head of the state.
 POLITICISATION OF SPEAKER The exercise of the following articles has the
 The position of the Indian Speaker is paradoxical. The transformed his role from being a nominee to an agent
holder of the position, whether in Parliament or in of central government.
State Assemblies, contests the election for the post on 1. Article 155 of the Constitution of India empowers the
a party ticket, and yet is expected to conduct himself or President of India to appoint the Governor of a State
herself in a non-partisan manner. and Article 156 says he continues to occupy the post till
 There are numerous such instances in our polity where he enjoys the pleasure of the President, which in
the Speaker of the Assembly has precipitated a political reality, means the Prime Minister. Therefore, change in
crisis by seemingly political decisions. For example, the government at the Centre has been followed by en-
Anti-Defection Law. The determination of whether a masse removal of individuals appointed to the post by
representative has become subject to disqualification, the previous government. As a result, the governor
post their defection, is made by the presiding officer of may not find it easy to function with complete
the House, offering ample scope for Speakers to impartiality and as an independent constitutional
exercise discretion. authority as there is an apprehension of dismissal or
 Such instances highlight the need for greater clarity in transfer to another State without the governor’s willing
the interpretations associated with the Anti-Defection consent.
Law. Perhaps, it might be better for such critical 2. The Union government has followed no particular
decisions, associated with representative principles and there is no fixed criterion for the
disqualification, to be determined by the President appointment of Governors. By and large, appointments
instead, with inputs from the Election Commission. to the Governorship have been made on party
 With no security in the continuity of office, the Speaker considerations and majority of the Governors belongs
is dependent on his or her political party for re- to the ranks of politicians connected with the ruling
election. This makes the Speaker susceptible to pulls party. This alleged politicisation of this process, owing
and pressures from her/his political party in the to their selection at the behest of the Centre, has been

widely criticised. Past trends indicate that these recommends imposition of President’s Rule without
positions are frequently allocated to ex-politicians with probing the possibility of forming an alternative
strong ties to the Central Government, active ministry.
politicians which consequently makes the governor 2. Where the governor makes his own assessment of the
function as an AGENT of central government . Chief support of a ministry in the assembly and recommends
ministers of opposition-ruled states have often imposition of President’s Rule without allowing the
criticised the alleged “misuse” of constitutional posts ministry to prove its majority on the floor of the
by governors to “serve the political interests” of the Assembly.
ruling dispensation at the Centre. 3. Internal disturbances not amounting to internal
3. Of the several powers of the Governor, it is the subversion or physical breakdown.
exercise of his discretionary powers that has been the 4. Maladministration in the state or allegations of
bone of contention between the Centre and the States corruption against the ministry or stringent financial
since Independence. The most controversial of these exigencies of the state.
are: 5. Where the state government is not given prior warning
a) The power to appoint the Chief Minister under Article to rectify itself except in case of extreme urgency
164; leading to disastrous consequences.
 THE appointment of a Chief Minister is the most 6. Where the power is used to sort out intra-party
important discretionary power exercised by a Governor problems of the ruling party, or for a purpose
under the Indian Constitution. In keeping with extraneous or irrelevant to the one for which it has
convention, one who commands a clear majority in the been conferred by the Constitution.
Assembly constituted after a general election is  SC in Rameshwar Prasad(2006) case has ruled that
appointed as Chief Minister by a Governor. A Governor Governor cannot shut out postpoll alliances
is not likely to exercise his or her discretion in such altogether as one of the ways in which a popular
cases. However, Hung assembly because of fractured government may be formed. The court had also said
electoral mandates, present a Governor with an unsubstantiated claims of horse-trading or
opportunity to exercise his or her discretion in a real corruption in efforts at government formation
sense. Discretion in such cases involves assessment of cannot be cited as reasons to dissolve the Assembly.
whether a claimant may successfully command a Further, it said it was the Governor’s duty to explore
majority in the Assembly in due course. This exercise of the possibility of forming a popular government, and
discretion by the governor has often been contested as that he could not dissolve the House solely to
governors while appointing chief ministers have not prevent a combination from staking its claim
followed the recommendations of Sarkaria commission  VARIOUS COMMISSION REPORTS AND
(1988).
b) Referral of state bills to the President under article SC JUDGEMENTS.
200. Time and again governors have withheld their  The rise of regional parties and the emergence of
assent on a particular bill by referring the bills to the influential State leaders triggered the necessity for a
president under article 200. Such referral is responsible federalism sensitive to the needs of the
controversial as frequent misuse of this power may constituent States. This resulted in the formation of
lead to the resignation of the ministry. However, the several committees and commissions to recommend
makers of the constitution intended that the power measures for harmonious Centre-State relations, such
would be used rarely by the governor. They did not as the Administrative Reforms Commission I (ARC
want the governor to act as the Super-limb of the 1966), Rajamannar Committee (1969), Sarkaria
legislature. Commission (1983), Punchhi Commission.
c) The recommendation of President’s rule under Article 1. SARKARIA COMMISSION(1988)
356 in case of breakdown of the Constitutional  The Government of India had set up first Commission
machinery. on Centre-State Relations on 09.06.1983 under the
 The Governor, in pursuance of his powers under Chairmanship of Justice R.S. Sarkaria, a retired judge of
Article 356, submits a report to the President on the the Supreme Court to review the existing
‘breakdown of constitutional machinery in the state’, arrangements between the Centre and the States. The
when convinced that the administration of a state Commission in its report submitted in 1988 has made
cannot be carried out in accordance with the 247 recommendations on various aspects of the
provisions of the Constitution. Upon receipt of this Centre-State Relations.
report, the President may then, on the aid and advice 1) A person to be appointed as a Governor should be:
of the Council of Ministers, impose direct rule, i.e. a) an eminent person in some walk of life,
President’s Rule. b) a person not belonging to the same state,
 This provision has been misused for dismissing c) a detached figure and not too intimately
popularly elected governments in the states. The concerned with the local politics of the state, and
following are some of the situations in which the d) a person who has not largely taken part in politics.
power has been exercised in an arbitrary, and malafide e) The Commission also recommended that while
manner- selecting the Governor in accordance with the
1. Where a ministry resigns or is dismissed on losing above criteria persons belonging to the minority
majority support in the assembly and the governor groups should be given preference.
f) It also specifically recommended that a politician  Important observations made by the court
from the ruling party at the Union is not appointed are as follows-
as the Governor of a state run by some other party 1) The proclamation of President's Rule is subject to
or a combination of other parties. judicial review (as provided by 44th Amendment 1978)
2) Article 155 should be suitably amended prescribing the on grounds of malafide Intention;
procedure of consultation with the state Chief Minister 2) The proclamation shall be based on relevant material
in selection of the person to be appointed as Governor. and Centre has to justify the imposition of President's
In this connection the Prime Minister has to consult the Rule .
Vice-President of India and the speaker of Lok Sabha 3) The court has power to revive dissolved or suspended
informally. State government. If proclamation of President's Rule
3) The Governor’s tenure of five years in a state should is found unconstitutional and invalid, it will be open to
not be disturbed except for some extremely compelling the Court to restore the status quo ante to the
reasons. issuance of the Proclamation and hence to restore the
4) After laying down the office as Governor, one should Legislative Assembly and the Ministry.
not return to active partisan politics. However, the 4) The State Assembly can't be dissolved before approval
Governor at the end of his tenure, should be provided of parliament for imposition of President's Rule and
reasonable post retirement benefits for himself and for President can only suspend the Assembly.
his surviving spouse. 5) The grounds of serious allegations of corruption
5) The Commission also stipulated certain principles for against Ministry of State and financial instability are
the Governor while choosing the Chief Minister for his not enough for imposition of President's Rule;
guidance such as calling upon that party or the 6) If Ministry of State resigns or dismissed or loses
coalition having widest support in the Legislative majority then Governor can't advise President to
Assembly. impose President's Rule until enough measures are
 If no party has a majority, the Governor has to invite: taken by Governor for formation an alternative
a) a pre-poll alliance, Government;
b) the largest single party that is able to gain majority 7) The question of the state government losing the
support, confidence of the legislative assembly should be
c) a post-election coalition that has the required decided on the floor of the House and until that is
members, done, the ministry should not be unseated.
d) a post-election coalition in which partners are 8) Where a new political party assumes power at the
willing to extend outside support. Centre, it will not have the authority to dismiss
6) The Governor cannot dismiss the Council of Ministers ministries formed by other parties in the states.
so long as it continues to command a majority in the 9) The SC held that power under Article 356 is an
Legislative Assembly. exceptional power and to be used only occasionally to
7) It recommended that Article 356 should be used very meet the requirements of special situations.
sparingly, in extreme cases, as a measure of last occasionally
resort, when all available alternatives fail.
 In a situation of political breakdown, the Governor 3. PUNCHHI COMMISSION (2010)
should explore all possibilities of having a 1) A three-member commission, headed by the former
government enjoying the majority support in the Chief Justice of India MM Punchhi, was set up by the
Legislative Assembly. UPA Government to take a fresh look at relative roles
 The Governor’s report on the basis of which a and responsibilities of various levels of government
proclamation under Article 356 is issued should be and their inter-relations. The commission had
given wide publicity in all the media and in full. submitted its report in 2010.
8) The Legislative Assembly should not be dissolved until 2) On a number of key issues, the Punchhi Commission
the Emergency proclamation under Article 356 has concurred with its predecessor and reiterated certain
been laid before and considered by Parliament. recommendations provided by the Sarkaria
Commission. For instance, it suggested that all
2. BOMMAI JUDGEMENT(1994) nominees for the post of the Governor must be
 The Supreme Court verdict in S.R. Bommai vs Union of removed from active politics for at least two years
India in (1994) was a landmark judgment that limited prior to being considered for appointment; that
the constitutional power of the Central government to eminent persons should be appointed as Governors for
dismiss State governments. states other than their home states; and that the
 The nine-judge bench asserted that the only way to appointment of the Governor should be made in
assess the strength of the State government was the consultation with the Chief Minister of the state.
floor test and it was not a matter of private opinion 3) Perhaps the foremost contribution of the Punchhi
either of the Governor or the President. Moreover, the Commission was in crystallising the idea of a ‘localised
bench declared that the imposition of Emergency emergency’. On the application of Articles 356, the
under Article 356 was justified only in the event of Punchhi Commission recommended that it would be
breakdown of the constitutional (and not more appropriate to direct such action only in the
administrative) machinery. district or area where the unrest originates, instead of

placing the entire state under direct control of the be called in question before any court. (ASKED IN CSP
Governor through the imposition of President’s rule. 2011)
4) The Punchhi Commission also recommended codifying  These orders come into force on a date to be specified
the order of precedence by which the Governor must by the President of India in this behalf. The copies of its
bind himself in selecting the Chief Minister, in case the orders are laid before the House of the People and the
elections result in a hung assembly. With codified State Legislative Assembly concerned, but no
principles in operation, the discretion of the Governor modifications are permissible therein by them.
is reduced substantially.  COMPOSITION:
5) The order of precedence suggested by the Punchhi a) one member, who shall be a person who is or has been
Commission in this respect is as follows – a judge of the Supreme Court, to be appointed by the
1) the party/pre-poll alliance commanding the largest Central Government who shall be the Chairperson of
number, the Commission;
2) the single largest party with support of others, b) the Chief Election Commissioner or an Election
3) the post-electoral coalition with all parties joining Commissioner nominated by the Chief Election
the Government, Commissioner, (ex officio)
4) and finally, the post-electoral alliance with some c) the State Election Commissioner of concerned State,
parties joining the government and the remaining, (ex officio)
including independents, supporting from outside.
6) On the issue of arbitrary dismissal of Governors, the  ASSOCIATE MEMBERS-
Punchhi Commission observed that the practice of  The Commission shall associate with itself for the
treating Governors as “political footballs” must stop. purpose of assisting it in its duties in respect of each
7) To ensure their security of tenure, it recommended an State, ten persons- five of whom shall be members of
amendment to the Constitution that would fix a term the House of the People representing that State and
of five years for the Governors, which could be five shall be members of the Legislative Assembly of
prematurely terminated only through impeachment by that State:
the concerned state legislative assembly.  Provided that where the number of members of the
8) The Punchhi Commission also suggested amending the House of the People representing any State is five or
wording of Article 163(2) to limit the vast scope of less, then, all such members shall be the associate
discretion available to the Governor. members for that State and in the latter case the total
number of associate members shall be less than ten by
 WAY FORWARD: such number as by which the total number of members
 A healthy federation is indispensable in the of the House of the People representing that State is
contemporary scenario, which is marked by political less than five.
instability, dangers to internal security posed by non- th th
…………………15 ended,16 starts……………….
state actors, secessionist tendencies, economic
competitiveness and so on. CENTRE-STATE RELATIONS
 In the era of globalisation, several States compete with  Basically studied under three heads
one another as well as the Centre in order to attract 1) Centre state legislative relations (Part-XI , Art 245-
investors by organising “business summits” to generate 255)
their own revenue. 2) Centre state administrative relations (Part-XI, Art
 Any misuse, therefore, of the office of the Governor to 256-263)
undermine popularly elected governments in the 3) Centre state financial relations (Part-XII, Art 268-
States is detrimental to the smooth functioning of 293)
federaldemocratic polity.  There is no centre state judicial relations (because we
 Over-centralisation may be suicidal for the Centre and have integrated Judiciary)
the States, and as the Sarkaria Commission had  Handout add
cautioned, may lead to “blood pressure at the Centre
 Article 246 in The Constitution Of India 1949
and anaemia at the periphery, resulting in morbidity”.
 246. Subject matter of laws made by Parliament
4. DELIMITATION COMMISSION and by the Legislatures of States
5. Delimitation literally means the act or process of fixing  (1) Notwithstanding anything in clauses ( 2 ) and ( 3 ),
limits or boundaries of territorial constituencies in a Parliament has exclusive power to make laws with
country or a province having a legislative body. respect to any of the matters enumerated in List I in
 The job of delimitation is assigned to a high power the Seventh Schedule (in this Constitution referred to
body. Such a body is known as Delimitation as the Union List)
Commission or a Boundary Commission.  (2) Notwithstanding anything in clause ( 3 ),
 In India, such Delimitation Commissions have been Parliament, and, subject to clause ( 1 ), the Legislature
constituted 4 times – in 1952 under the Delimitation of any State also, have power to make laws with
Commission Act, 1952, in 1963 under Delimitation respect to any of the matters enumerated in List III in
Commission Act, 1962, in 1973 under Delimitation Act, the Seventh Schedule (in this Constitution referred to
1972 and in 2002 under Delimitation Act, 2002. as the Concurrent List)
 The Delimitation Commission in India is a high power  (4) Parliament has power to make laws with respect to
body whose orders have the force of law and cannot any matter for any part of the territory of India not
included (in a State) notwithstanding that such matter amendment was done to allow the activity of Jallikatu
is a matter enumerated in the State List to exempt bulls (PCA (amendment) 2017) in list of
 Article 246:- give the subjects :- that parliament can animals and this was assented by the president in
make a law in union list, state can make a law in state 2017.
list and both can make the law in concurrent list  Note:- even this state law can be overpowered by the
 Note:- States can never make a law in union list. parliament by law
Entries which are not given anywhere (called as  Read from laxmikanth that what changes were made
th
Residuary), so as per Art-248 residuary powers are with by 42 amendment 1976
parliament. And this includes residuary taxes. For  PARLIAMENT CAN MAKE LAW IN STATE LIST
Example:- wealth tax, gift tax are all residuary taxes , BUT IN 5 CIRCUMSTANCES:-
laws like Consumer protection Act,2019 giving rights to
1. If National emergency is there (Under Art-250)
take e-commerce sellers and hold that entity
2. Art 356:- dismissed a state govt by the president
responsible I court of law , this is also an example of
residuary law made by parliament (President’s rule)
 Under Article 246, parliament can make law on any  Note when national emergency ends, the law made
subject in the three lists for territories which are not during emergency by parliament for state list will
states automatically end not immediately but within 6
months period. But if the parliaments make a law for a
 Parli.  law  3 lists  territories ≠ States
state during president’s law , then the law remains
 As per Art-246 :- Union list predominates over state operating even after the president rule has ended, to
or concurrent list and concurrent list predominates repeal this law amendment is needed by parliament.
state list 3. Under article 253:- during signing an international
 Union list > state list or concurrent list agreement or implementing an international
 Concurrent list > state list agreement, parliament can make law in state list and
 Article 254 in The Constitution Of India 1949 states have to follow. Example here is EPA-1986
 254. Inconsistency between laws made by (Environment Protection Act under Article 253 to
Parliament and laws made by the Legislatures of implement international agreement of Stockholm
States convention on environment and development )
 (1) If any provision of a law made by the Legislature of 4. Under Art 252, means at least two states or more than
a State is repugnant to any provision of a law made by two states request by passing resolution the
Parliament which Parliament is competent to enact, or parliament to make a law In state list. {example:-Water
to any provision of an existing law with respect to one Pollution Act 1974, water is in state list and water
of the matters enumerated in the Concurrent List, dispute is in union list). States get no powers with
then, subject to the provisions of clause ( 2 ), the law respect to this law which is made by parliament on
made by Parliament, whether passed before or after states request
the law made by the Legislature of such State, or, as 5. Under Art 249:- if Rajya sabha passes a resolution by a
rd
the case may be, the existing law, shall prevail and the majority of 2.3 of the members present and voting
law made by the Legislature of the State shall, to the and request the parliament to make a law in the
extent of the repugnancy, be void national interest for any subject in the state list. This
 (2) Where a law made by the Legislature of a State with resolution is applicable only for one year (if in one year
respect to one of the matters enumerated in the parliament makes a law that law will be implemented,
concurrent List contains any provision repugnant to the if you want to make it permanent then every year
provisions of an earlier law made by Parliament or an resolution must be passed every year again and again.
existing law with respect to that matter, then, the law If RS doesn’t pass resolution , the law within be null
so made by the Legislature of such State shall, if it has and void within 6 months from the date when the
been reserved for the consideration of the President resolution ends). Example:- parliament passed law
and has received his assent, prevail in that State: Regulation of prices of Goods Act 1950
Provided that nothing in this Clause shall prevent  Article-253:- Legislation for giving effect to
Parliament from enacting at any time any law with international agreements Notwithstanding anything in
respect to the same matter including a law adding to, the foregoing provisions of this Chapter, Parliament
amending, varying or repealing the law so made by the has power to make any law for the whole or any part of
Legislature of the State the territory of India for implementing any treaty,
agreement or convention with any other country or
 Article:- 254. Inconsistency between laws
countries or any decision made at any international
made by Parliament and laws made by the conference, association or other body
Legislatures of States  Article-252. Power of Parliament to legislate for
 Parliament law will prevail over state law two or more States by consent and adoption of
 There is an exception if state bill has been assented by such legislation by any other State
the president . the best example for this exception is
1. If it appears to the Legislatures of two or more States
Prevention of cruelty against animals Act,1960 is given
to be desirable that any of the matters with respect to
in concurrent list and law was made by Parliament.
which Parliament has no power to make laws for the
State of Tamil Nadu amended it in 2017 and that
States except as provided in Articles 249 and 250
should be regulated in such States by Parliament by establishment of certain additional courts
law, and if resolutions to that effect are passed by all Notwithstanding anything in this Chapter, Parliament
the House of the Legislatures of those States, it shall be may by law provide for the establishment of any
lawful for Parliament to pass an Act for regulating that additional courts for the better administration of laws
matter accordingly, and any Act so passed shall apply made by Parliament or of any existing laws with
to such States and to any other State by which it is respect to a matter enumerated in the Union List
TH
adopted afterwards by resolution passed in that behalf …………………16 ENDED, ALL CLASSES DONE……………….
by the House or, where there are two Houses, by each
of the Houses of the Legislature of that State
2. Any Act so passed by Parliament may be amended or
repealed by an Act of Parliament passed or adopted in
like manner but shall not, as respects any State to
which it applies, be amended or repealed by an Act of
the Legislature of that State
 Article-249. Power of Parliament to legislate
with respect to a matter in the State List in
the national interest
 (1) Notwithstanding anything in the foregoing
provisions of this Chapter, if the Council of States has
declared by resolution supported by not less than two
thirds of the members present and voting that it is
necessary or expedient in national interest that
Parliament should make laws with respect to any
matter enumerated in the State List specified in the
resolution, it shall be lawful for Parliament to make
laws for the whole or any part of the territory of India
with respect to that matter while the resolution
remains in force
 (2) A resolution passed under clause ( 1 ) shall remain
in force for such period not exceeding one year as may
be specified therein: Provided that, if and so often as a
resolution approving the continuance in force of any
such resolution is passed in the manner provided in
clause ( 1 ), such resolution shall continue in force for a
further period of one year from the date on which
under this clause it would otherwise have ceased to be
in force
 (3) A law made by Parliament which Parliament would
not but for the passing of a resolution under clause ( 1 )
have been competent to make shall, to the extent of
the incompetency, cease to have effect on the
expiration of a period of six months after the resolution
has ceased to be in force, except as respects things
done or omitted to be done before the expiration of
the said period
 RESTRICTIONS ON STATE LEGISLATURE
 These restrictions are with respect to UNION
1) Article 200:- any bill passed by the state in state list ,
bill can be referred by the governor to the president
2) States can impose restriction on trade , commerce, &
intercourse (any state can restrict freedom of
movement of goods but the bill requires prior sanction
of president ) unless the president has given its
assent/sanction
3) States can impose a Tax on water and electricity with
the assent of president on such bill
4) Under article 360:- During financial emergency the
president can direct the governor to reserve money bill
for the assent of the president
 Article 247 in The Constitution Of India 1949
 247. Power of Parliament to provide for the

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NOTES MADE BY AKASH 7589157201 E-5 BATCH STUDENT 2022

 (S) POLITY SAATHVIK BHAN SIR  THE PRESIDENT OF INDIA

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F. PRESIDENT'S VETO POWERS OVER STATE 1. Pardon

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 POWERS LOK & RAJYA SABHA

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