Module 5 22ICOK27

An Autonomous Institute Affiliated to VTU,
Belagavi, Approved by AICTE, New Delhi,

Recognized by UGC with 2(f) & 12(B) Accredited by
NBA & NAAC
INDIAN CONSTITUTION
C O D E: M VJ22IC O 17
Department of Civil Engineering

M V J C E Bangalore
1
Module – 5 State Executive and Governance
CM, State cabinet, Legislature, election commission,

amendment
Important Constitutional amendments, emergency Provisions
2
Electoral Process
➢ The Preamble to the Constitution declares that India is a DEMOCRATIC REPUBLIC.
➢ This implies that all citizens who are eligible to vote will have the right to participate in the elections.
➢ We have a Parliamentary form of Government so the party securing a major share of the votes of the
citizens are able to obtain support of a majority of Legislators in the popular House.
➢ The vote in an election is the cherished right of every citizen in a democracy.
➢ Right of Voting is the essence of democracy.
➢ Irrespective of caste, creed, race, religion, language and gender, all those who have completed the age
of 18 years are extended the voting right in India and we call it as “Universal Adult Franchise” system
Approved by AICTE, Affiliated to VTU, Recognised by UGC with 2(f) & 12(B) status, Accredited by NBA & NAAC
An Autonomous Institute 3
➢ The elected candidates should be a model of selfless service, honesty and cooperation.
➢ India has Representative form of Government. The representatives are elected. There is an Election
Commission in India, to conduct elections from time to time.
➢ Till 1989, it consisted of the Chief Election Commissioner alone.
➢ In 1989, one more Commissioner was added. On 1st October, 1993, provision was made to appoint two
Commissioners.
➢ Thus the Election Commission at the Center has one Chief Election Commissioner and two Election
Commissioners.
➢ They are appointed by the President.
➢ The Election Commission has conducted the regular and by-elections to the Parliament and State
Legislatures.
➢ The Commissioners has an appointment for a term of 6 years or till the age of 65 years, whichever is
earlier.
➢ Since independence, Elections in India have evolved a long way, but all along Elections have been a
significant cultural aspect on Independent India.
➢ It is a very elaborate process, that the size of the huge electoral mandates the Elections to be
conducted in a number of phases.
➢ It involves a number of step-by-step processes from announcement of Election dates by the Election
Commission of India, which brings into force the ‘Model Code of Conduct’ for the political parties, to
the announcement of results and the submission of the list of successful candidates to the Executive
Head of the State (The Governor) or the Center (The President).
➢ The submission of results marks the end of the Election process, thereby paving way for the formation
of the new Government.
The EC performs the following functions
➢ Election of the President of India and Vice President of India
➢ The Union Parliament and the composition of its two Chambers (Rajya Sabha and Lok Sabha)
➢ Qualifications of Members of Parliament
➢ Composition of the State Legislatures
➢ Qualifications of Members of the State Legislatures
➢ Duration of the Parliament and the State Legislatures
➢ Elections — to the Parliament and the State Legislatures
➢ Reservations of seats in the House of the People and the State Assemblies for the Scheduled Castes and
Scheduled Tribes
➢ The determination of population for purposes of election
➢ Preparation of electoral rolls; Conduct of the elections; Counting of votes and Declaration of results
➢ Advice the President in regard to the question whether a Member of Parliament (Article 103) or
Member of Legislative Assembly has become subject to any disqualification (Article 192)
➢ Advice the President in the appointment of Regional Commissioners at State level
Stages of Election Process in India
➢ Pre-Elections: Before the Elections, the Election Commission announces the dates of nomination, polling
and counting. The model code of conduct comes in force from the day the dates are announced.
➢ The code of conduct specifies that the Union and State Governments cannot announce any major sops to
the electorate to prevent any unfair swings in the voting pattern.
➢ No party is allowed to use the Government resources for campaigning. Candidates are required to declare
their assets, age, educational qualifications and criminal history.
➢ Convicted criminals are debarred from standing in the Elections as well as disfranchised.
➢ Campaigning be stopped 48 hours prior to polling day.
Voting Day:
➢ Campaigning ends the day before the voting day.
➢ Government schools and colleges are chosen to be the polling stations.
➢ The day of the Elections is declared a holiday and all liquor shops and bars are shut down. The Collector
of each District is in charge of polling.
➢ Government servants are employed to many of the polling stations.
➢ Electronic Voting Machines are being increasingly used instead of ballot boxes to prevent Election
fraud.
➢ An indelible ink manufactured by the Mysore Paints and Varnish Limited is applied usually on the left
index finger of the voter as an indicator that the voter has cast his / her vote.
➢ This practice has been followed since the 1962 General Elections and prevents bogus voting.
Post Elections:
➢ After the Election day, the Electronic Voting Machines are stored in strong room under security.
➢ After different phases of the Elections are complete, a day is set to count the votes. The votes are tallied
and typically, the verdict is known within a few hours.
➢ The candidate who has mustered the most votes is declared the winner of the constituency.
➢ The party or coalition that has won the most seats is invited by the President or Governor to form the new
Government at Union or State level respectively.
➢ This group must prove its majority in the floor of the House (Lok Sabha or State Legislative Assembly) in a
vote of confidence by obtaining a simple majority (minimum 50%) of the votes in the House.
Electorate
Announcement of Elections
Information
Nomination Phase
Scrutiny of Nominations
Contesting
Candidates
Withdrawal of Candidates information
Campaigning
Polling
Counting
Process of Election
Submission of Nominations:
➢ President in case of Lok Sabha and the Governor in the case of Legislatures, issue the Notification of
election.
➢ The contesting candidates are expected to submit their nominations before the Returning Officer,
before the prescribed date.
➢ Every nomination should be accompanied by a deposit as prescribed.
➢ Deposit money is forfeited in case the candidate does not get the minimum number of votes
prescribed.
Scrutiny of Nominations:
➢ The contesting candidates should properly fill up the Nomination Forms and satisfy the various
conditions prescribed by the Election Commission.
➢ During the process of scrutiny, all such issues are examined. After such scrutiny alone, the names of the
eligible candidates to the election are announced.
Withdrawal of Nomination:
➢ The contesting candidates are given a chance to withdraw their nominations. A date is fixed for this
purpose.
Election Propaganda:
➢ After the declaration of the names of the contesting candidates, propaganda / canvass work starts to
woo the electorate.
➢ The independent candidates belonging no political parties are also contest in elections. Meetings,
rallies, processions, pamphlets and other means of communication used for the purpose of wooing
the voters.
➢ All such election campaigns must come to end before 36 hours of commencing polling. However, one
is allowed to go from house to house and carry on the propaganda work. (or, campaigning must be
stopped 48 hours prior to polling day).
Election Day:
➢ The Election Commission has created a number of election booths.

➢ On the day of election, the voters can go to their nearest prescribed booth and exercise their vote.
➢ A number of Officers are appointed. Security arrangements are also made.
➢ A voters’ list is prepared. With the help of the list, Officers are able to identify the voters. The list
contains the name, sex, age and address of the voters.
➢ Recently, the Election Commission has insisted on providing Identification Cards to the voters.
➢ The agents of various political parties are present in the booth during elections and their job is to
identify the voters and check malpractices.
➢ Voters cast their votes through ballot paper or voting machines as the case may be.
➢ The ballot paper consists the names and symbols of the candidates, which helps the voter. The sealed ballot boxes
/ voting machines are given tight security for the day of counting.
Counting of Votes:
➢ A number of counting centers are created and in the presence of the candidates or their agents, the
sealed boxes / machines are opened for counting.
➢ One who gets the majority is declared as Winner.
➢ There is scope for recounting under special circumstances.
➢ The election disputes can be settled through courts.
Election Commission of India
➢ Formed : 25 January 1950 (Later celebrated as National Voters Day)

➢ Headquarters : Nirvachan Sadan, Ashoka Road, New Delhi[1]
Election Commission of India
➢ The Election Commission of India is an autonomous constitutional authority responsible for administering
election processes in India at national and state.
➢ The body administers elections to the Lok Sabha, Rajya Sabha, state Legislative Assemblies, state legislative
Councils, and the offices of the President and Vice President of the country.
➢ The Election Commission operates under the authority of Constitution per Article 324, and subsequently
enacted Representation of the People Act.
➢ The commission has the powers under the Constitution, to act in an appropriate manner when the enacted
laws make insufficient provisions to deal with a given situation in the conduct of an election.
➢ Being a constitutional authority, Election Commission is amongst the few institutions which function with both
autonomy and freedom, along with the country’s higher judiciary, the Union Public Service Commission and
the Comptroller and Auditor General of India.
➢ The commission was established in 1950 and originally only had a Chief Election Commissioner.
➢ Two additional Commissioners were appointed to the commission for the first time on 16 October 1989 (on
the eve of the 1989 General Election), but they had a very short tenure, ending on 1 January 1990.
➢ "The Election Commissioner Amendment Act, 1989" was adopted on 1st January 1990 which turned the
commission into a multi-member body: a 3-member Commission has been in operation since then and the
decisions by the commission are made by a majority vote.
➢ The Chief Election Commissioner and the two Election Commissioners who are usually retired IAS officers
draw salaries and allowances at par with those of the Judges of the Supreme Court of India as per the Chief
Election Commissioner and other Election Commissioners (Conditions of Service) Rules, 1992.
Removal from office
➢ The Chief Election Commissioner of India can be removed from their office similar to the removal of a
judge of the Supreme Court of India which requires a resolution passed by the Parliament of India a two-
thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehavior or
incapacity.
➢ Other Election Commissioners can be removed by the President of India on the recommendation of the
Chief Election Commissioner.
Voter Id
❖ In an effort to prevent electoral fraud, in 1993, EPICs or Electors Photo Identity Cards were issued,
which became mandatory by the 2004 elections.
❖ However ration cards have been allowed for election purposes in certain situations.
Voting Procedure
❖ Voting in India is done using Electronic voting machines or EVMs, there is also a provision for the
Postal voting in India, as well as the special arrangements for the disabled voters.
❖Electronic voting machines (EVM)

➢ India has been the first country to adopt Electronic Voting at such a large scale.
➢ Electronic voting machines (EVM) were introduced by Election Commission in order to reduce
malpractices and improve efficiency.
➢ They were tried for the first time on an experimental basis for the 1982 Kerala State Legislative
Assembly Elections.
➢ After a successful testing and the legal inquiries, the commission took the decision to
begin the use of these voting machines.
➢ The introduction of Voter-verified paper audit trail (VVPAT) in eight Lok Sabha
constituencies in 2014 Indian General Elections was a big achievement for the Election
Commission.
➢ This Voter-verified paper audit trail (VVPAT) system was first used with EVMs in a by-poll
in September 2013 in Noksen (Assembly Constituency) in Nagaland, and eventually in all
elections from September 2013 onwards in various Legislative elections in the country.
➢ Photo electoral rolls with photographs of the candidates on the EVMs were first
introduced in the 2015 Bihar Legislative Assembly election.
➢ In 2014, none of the above or NOTA was also added as an option on the voting
machines which is now a mandatory option to be provided in any election.
➢ The specific symbol for NOTA, a ballot paper with a black cross across it, was
introduced on 18 September 2015.
➢ The symbol has been designed by National Institute of Design, Ahmedabad.
➢ Election Commission organized an open hackathon on 3 June 2017, to attempt
hacking of Electronic Voting Machine used by the commission in various Indian
elections.
➢ The NCP and CPI(M) were the only two parties that registered for the event but none
of them participated.
➢ Functioning of EVMs and VVPAT machines were demonstrated to the teams.
Amendment
➢ Definition: In public bodies; Any alternation made or proposed to be made in a bill or motion by adding,
changing, substituting, or omitting.
➢ Definition: a statement that is added to or revises or improves a proposal or document (a bill or
constitution etc.) The procedure is laid out in Article 368 of the constitution.
➢ The Indian Supreme Court has ruled, controversially, that not every constitutional amendment is
permissible.
➢ An amendment must respect the "basic structure" of the constitution, which is immutable.
Amendment
➢ Amendments of the Indian Constitution have been done for the purpose of variation, addition or
cancellation of any provision made in the constitution.
➢ Since the enactment of the Constitution of India on 26 November 1949, there have been 105 amendments
made to it .
➢ Number of Bills are introduced before Lok Sabha and Rajya Sabha for further improving the Constitution.
➢ Parliament has been bestowed with the constituent power, using which changes in the Indian Constitution
can be made.
➢ However, the basic structure of the Indian Constitution cannot be changed under any circumstances.
➢ In case any amendment violates the basic structure of constitution, it should be revised and changed.
No. Amendments Enforced since Objectives Prime Minister President
Amend articles 1, 3, 49, 80, 81,
82, 131, 153, 158, 168, 170, Reorganisation of
171, 216, 217, 220, 222, 224, states on linguistic
Rajendra
230, 231 and 232. lines, abolition of
Jawaharlal Prasad
7th Insert articles 258A, 290A, 298, 1 November 1956 Class A, B, C, D
Nehru
350A, 350B, 371, 372A and states and
378A. introduction
Amend part 8. of Union territories.
Amend schedules 1, 2, 4 and 7.
Prime
No. Amendments Enforced since Objectives President
Minister
Minor adjustments to territory of
Indian Union consequent to
Amend schedule 28 December Jawaharlal Rajendra
9th agreement with Pakistan for
1. 1960 Nehru Prasad
settlement of disputes by
demarcation of border villages, etc.
Amend article Incorporation of Dadra and Nagar
240. Haveli as a Union Territory, Jawaharlal Rajendra
10th 11 August 1961
Amend schedule consequent to acquisition from Nehru Prasad
1. Portugal.
Enforced Prime
No. Amendments Objectives President
since Minister
Amend article 240. 20 December Incorporation of Goa, Daman and Diu as a Union
12th
Amend schedule 1. 1961 Territory, consequent to acquisition from Portugal.
Amend articles 31, 31C, 39, 55, 74, 77,
81, 82, 83, 100, 102, 103, 105, 118, Amendment passed during internal emergency by
145, 150, 166, 170, 172, 189, 191, Indira Gandhi. Provides for curtailment of fundamental
192, 194, 208, 217, 225, 226, 227, rights, imposes fundamental duties and changes to
228, 311, 312, 330, 352, 353, 356, the basic structure of the constitution by making India
2 November a "Socialist Secular" Republic.
42nd 357, 358, 359, 366, 368 and 371F.
1976
Insert articles 31D, 32A, 39A, 43A, However, the Supreme Court, in Minerva Mills v.
48A, 131A, 139A, 144A, 226A, 228A Union of India, quashed the amendments to Articles
and 257A. 31C and 368 as it was in contravention with the basic
Insert parts 4A and 14A. structure of the Constitution.
Amend schedule 7.
Enforced Prime
since Minister
Amend articles 19, 22, 30, 31A,
31C, 38, 71, 74, 77, 83, 103, 105,
123, 132, 133, 134, 139A, 150,
Amendment passed after revocation of
166, 172, 192, 194, 213, 217, 225,
internal emergency in the Country. Provides
226, 227, 239B, 329, 352, 356, Neelam
6 September for human rights safeguards and Morarji
44th 358, 359, 360 and 371F. Sanjiva
1978 mechanisms to prevent abuse of executive Desai
Insert articles 134A and 361A. Reddy
and legislative authority. Annuls some
Remove articles 31, 257A and
Amendments enacted in Amendment Bill 42.
329A.
Amend part 12.
Amend schedule 9.
Prime
Minister
Reduce age for voting rights from
61st Amend article 326. 28 March 1989 Rajiv Gandhi Zail Singh
21 to 18.
Statutory provisions for Panchyat
P.V. Narasimha Shankar Dayal
73rd Insert part 9. 24 April 1992 Raj as third level of administration
Rao Sharma
in villages.
Statutory provisions for Local
Insert part 9A, Administrative bodies as third P.V. Narasimha Shankar Dayal
74th 1 June 1992
amend article 280. level of administration in urban Rao Sharma
areas such as towns and cities.
Enforced
No. Amendments Objectives Prime Minister President
since
Provisions for setting up Rent P.V. Narasimha Shankar Dayal
75th Amend article 323B. 15 May 1994
Control Tribunals. Rao Sharma
Provides Right to Education

Amend articles 45 and 51A. 12 December until the age of fourteen and Atal Bihari A.P.J. Abdul
86th
Insert article 21A. 2002 Early childhood care until the Vajpayee Kalam
age of six.
Restrict the size of council of

Amend articles 75 and 164.
1 January ministers to 15% of legislative Atal Bihari A.P.J. Abdul
91st Insert article 361B.
2004 members & to strengthen Vajpayee Kalam
Amend schedule 10.
Anti Defection laws.
Prime
Minister
To provide for a Minister of Tribal Welfare
in newly created Jharkhand and Manmohan Pratibha
94th Amend article 164. 12 June 2006
Chhattisgarh States including Madhya Singh Patil
Pradesh and Orissa.
To extend the reservation of seats for SCs
Manmohan
and STs and Anglo-Indian in the Lok Sabha Pratibha
95th Amend article 334. 25 January 2010 Singh
and states assemblies from Sixty years to Patil
Seventy years.
Enforced Prime
since Minister
Exchange of certain enclave
territories with Bangladesh and
conferment of citizenship rights to
Amendment of First Schedule to 1 August Narendra Pranab
100th residents of enclaves consequent to
Constitution 2015 Modi Mukherjee
signing of Land Boundary Agreement
(LBA) Treaty between India and
Bangladesh.
Addition of articles 246A, 269A,
279A. Deletion of Article 268A.
Amendment of articles 248, 249,
101st 1 July 2017 Introduced the Goods and Services Tax.
250, 268, 269, 270, 271, 286, 366,
368, Sixth Schedule, Seventh
Schedule.
EMERGENCY PROVISIONS
The President can declare three types of emergencies:

1. National emergency
2. State emergency
3. Financial emergency
NATIONAL EMERGENCY UNDER ARTICLE 352
➢ National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part
of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (IndoPakistan war),
and 1975 (declared by Indira Gandhi to maintain law and order in the country).
➢ The President can declare such an emergency only on the basis of a written request by the Council of
Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within
one month. Such an emergency can be imposed for six months.
➢ It can be extended by six months by repeated parliamentary approval.
➢ In such an emergency, Fundamental Rights of Indian citizens can be suspended.
➢ The six freedoms under Right to Freedom are automatically suspended.
➢ However, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.
It modifies the federal system of government to a unitary one.
STATE EMERGENCY UNDER ARTICLE 356
➢ State emergency is declared on failure of constitutional machinery in a state.
➢ Nearly every state in India has been under a state of emergency at some point of time or the other.
➢ The state of emergency is commonly known as 'President's Rule‘
➢ If the President is satisfied, on the basis of the report of the Governor of the concerned state or from
other sources that the governance in a state cannot be carried out according to the provisions in the
Constitution, he can declare emergency in the state. Such an emergency must be approved by the
Parliament within a period of two months.
➢ It is imposed for six months and can last for a maximum period of three years with repeated
parliamentary approval every six months.
➢ If the emergency has to be extended for more than three years, it can be done by a constitutional
amendment, as has happened in Punjab and Jammu and Kashmir.
FINANCIAL EMERGENCY UNDER ARTICLE 360
➢ If the President is satisfied that there is an economic situation in which the financial stability or credit of
India is threatened, he or she can declare financial emergency.
➢ Such an emergency must be approved by the Parliament within two months.
➢ It has never been declared. Such a situation had arisen but was avoided by selling off of the gold assets of
India.
➢ It remains enforced till the President revokes it.
➢ In case of a financial emergency, the President can reduce the salaries of all government officials,
including judges of the Supreme Court and High Courts.
STATE EXECUTIVES
THE GOVERNOR
Governors of States
There shall be a Governor for each State: Provided that nothing in this article shall prevent the appointment
of the same person as Governor for two or more States.
Executive power of State
(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either
directly or through officers subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other
authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any
authority subordinate to the Governor. The Governor of a State shall be appointed by the
President by warrant under his hand and seal.
Qualifications for appointment as Governor.—
No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of
thirty-five years.
Conditions of Governor's office.—
(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified
in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be
appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his
office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such
emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is
so made, such emoluments, allowances and privileges as are specified in the Second Schedule (3A) Where the same
person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall
be allocated among the States in such proportion as the President may by order determine.
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
Union Executive
➢ It is composed of the President, Prime Minister and Council of Ministers.

➢ The Executive Head of the Indian Republic is called President.
➢ The President is the Head of the State and is the first citizen of the country represents the nation.
➢ The Official Residence of the President is known as Rashtrapati Bhavan.
➢ He/she does not belong to any political party.
➢ He/she is the custodian of the Constitution and symbol of unity of the nation.
➢ He/she is elected by an Electoral College consisting of Lok Sabha, Rajya Sabha and members of Legislative
Assemblies of various states.
➢ No court of law can question his/her conduct.
➢ He/she may be removed for violation of the Constitution by a process known as Motion of Impeachment.
President
Qualification for the post of the President
❖ He/she must be a citizen of India; must have completed the age of 35 years.
❖ He/she must not hold any office of profit under the government of India, state government or local
government bodies.
❖ The person must be qualified for the election as a member of the house of people (Lok Sabha).
❖ Terms and tenure of the Office is five years and eligible for reelection (but according to custom, he/she can
not contest for more than two terms).
❖ The person shall not be a member of either house of the union legislature or house of the legislature
of any state.
❖ The normal term of office of the President is five years.
❖ The office of the President may remain vacant in following conditions:-
❖ If the President resigns addressing to the vice-president of India.

❖ Due the death of the incumbent President.
❖ By removal of the President through the process of impeachment.

❖ If the office of the President is vacant owing to any of these reasons, the vice-president acts as the
President.
❖ In case of vacancy, an election for the President must be held within the six months of the vacancy.
Powers and Functions of The President
Administrative
Powers
Financial
Powers Legislature
Powers
Emergency
Judicial
Powers
Powers
Diplomatic Military
Powers Powers
THE PRIME MINISTER
The prime minister is appointed by the president of India; however the prime minister has to enjoy the
confidence of the majority of Lok Sabha members, who are directly elected every five years, lest the prime
minister shall resign. The prime minister can be a member of the Lok Sabha or of the Rajya Sabha, the
upper house of the parliament. The prime minister controls the selection and dismissal of members of
the Union Council of Ministers; and allocation of posts to members within the government.
The longest-serving prime minister was Jawaharlal Nehru, also the first prime minister, whose tenure lasted 16
years and 286 days. His premiership was followed by Lal Bahadur Shastri's short tenure and Indira Gandhi's
11- and 4-year-long tenures, both politicians belonging to the Indian National Congress. After Indira Gandhi's
assassination, her son Rajiv Gandhi took charge until 1989, when a decade with six unstable governments
began. This was followed by the full terms of Atal Bihari Vajpayee, Manmohan Singh, and Narendra Modi.
Modi is the 14th and current prime minister of India, serving since 26 May 2014.
ELIGIBILITY OF THE PRIME MINISTER
According to Article 84 of the Constitution of India, which sets the principle qualification for member of
Parliament, and Article 75 of the Constitution of India, which sets the qualifications for the minister in the
Union Council of Ministers, and the argument that the position of Prime Minister has been described
as primus inter pares (the first among equals),[77] A Prime Minister must:
•be a citizen of India.
•be a member of the Lok Sabha or the Rajya Sabha. If the person chosen as Prime Minister is neither a
member of the Lok Sabha nor the Rajya Sabha at the time of selection, they must become a member of
either of the houses within six months.
•be above 25 years of age if they are a member of the Lok Sabha, or, above 30 years of age if they are
a member of the Rajya Sabha.
•not hold any office of profit under the government of India or the government of any state or under any
local or other authority subject to the control of any of the said governments.
Once a candidate is elected as the prime minister, they must vacate their posts at any private or
government companies and may take up the position only on completion of their term.
CM
In India, a Chief Minister is the elected head of government of each state out of the 28[1] states and
sometimes a union territory (UT)
Just as the Prime Minister is the Head of the Union Government, the Chief Minister is the Head of the State Government
According to article of the Indian Constitution 164, the chief minister is appointed by the governor
The chief minister may be a member of the lower house (vidhan sabha) of the state legislature or the upper
house (vidhan parishad) of the state legislature. But in most of the cases he belongs to the lower house. The
governor may use his personal discretion in the selection and appointment of Chief Minister when no party
has clear majority in the state legislative assembly
Eligibility
The Constitution of India sets the principle qualifications one must meet to be eligible to the office of chief
minister. A chief minister must be:
•a citizen of India.
•should be a member of the state legislature
•of 25 years of age or more
An individual who is not a member of the legislature can be considered the chief minister provided they get
themselves elected to the State Legislature within six months from the date of their appointment. Failing
which, they would cease to be the chief minister.
Powers and Functions of Chief Minister of a state
1. To Aid and Advice the Governor:

The Chief Minister is the link between the Cabinet and the Governor. It is he who communicates to the
Governor all decisions of the Council of Ministers. He has to furnish such information relating to the
administration of the State as the Governor may call for.
2. The Chief Minister is at the Head of the Council of Ministers:

As Head of the State Cabinet, the Chief Minister enjoys the following powers:
1. The activities of all ministers are coordinated, guided and controlled by the chief
minister.
2. The meetings of the council of ministers are presided by him
3. He influences the decision of the council of ministers.
4. He can ask the governor to dismiss any minister or he can ask a minister to resign.
5. If the chief minister resigns that the government also collapses.
6. He is the channel of communication between the council of ministers and the
governor.
7. The government policies are announced by him in the floor of the house.
8. He advices the governor to summon the sessions of the state legislature.
9. Chairman of the state planning board
10. Member of the Inter State Council and the National Development Council both
headed by the prime minister.
11. Vice chairman of the concerned zonal council by rotation.
12. Crisis manager in chief at political level during emergencies.
The Chief Minister is the chief spokesperson of the government of a State. With the help of the media, the
Chief Minister communicates all policies and decisions to the people of the state. He holds regular or
periodic press conferences wherein he/she makes the citizens of a state aware of the functioning of the
government
Important Article related to Chief Minister
1. Article 163 – The council of Ministers should aid and advice the governor
2. Article 164- Other provisions as to minister
3. Article 166- Conduct of the business of the house
4. Article 167 - Duties of Chief Minister regarding furnishing information to the governor
The Cabinet
❖ It is a smaller body consisting of 15-20 members.
❖ It is a part of Council Of Ministers.
❖ The Cabinet meets frequently to deliberate and take decisions regarding the transaction business.
❖ It directs the Council of Ministers by taking policy decisions which are binding on all Ministers and also
implements them.
❖ It enforces collective responsibility of Council Of Ministers to the lower house of Parliament.
The role of the Cabinet
❖ It is the highest decision making authority in the Indian Political System.
❖ It is the chief policy formulating body of the Parliament.
❖ It is the chief coordinator of central administration.
❖ It is the chief advisory body of the President and its advice is binding on him.
❖ It deals with all foreign policies and foreign affairs.
❖ It deals with all major legislative and financial matters.
Thank You

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Module 5 22ICOK27

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An Autonomous Institute Affiliated to VTU,

Belagavi, Approved by AICTE, New Delhi,

Department of Civil Engineering

CM, State cabinet, Legislature, election commission,

Important Constitutional amendments, emergency Provisions

➢ The Election Commission has created a number of election booths.

➢ Formed : 25 January 1950 (Later celebrated as National Voters Day)

❖Electronic voting machines (EVM)

Provides Right to Education

Restrict the size of council of

The President can declare three types of emergencies:

➢ It is composed of the President, Prime Minister and Council of Ministers.

❖ The office of the President may remain vacant in following conditions:-

❖ If the President resigns addressing to the vice-president of India.

❖ By removal of the President through the process of impeachment.

•should be a member of the state legislature

•of 25 years of age or more

1. To Aid and Advice the Governor:

2. The Chief Minister is at the Head of the Council of Ministers:

Important Article related to Chief Minister

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