Self Study Materials INDIAN POLITY PART

Transcription

1 + Self Study Materials INDIAN POLITY PART - 2 1

2 UNION EXECUTIVE Article 52 to 78 in Part V of the Constitution deal with the Union executive The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers and the attorney general of India. The President is the head of the Indian State. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation. ELECTION OF THE PRESIDENT (ARTICLE 54) The president of India is elected indirectly by the system of proportional representation by means of single transferable vote and the voting is done by secrete ballot. Electoral collage consisting of: The elected members of both the Houses of Parliament The elected members of the legislative assemblies of the states; and The elected members of the legislative assemblies of the Union Territories of Delhi and Pudhucherry Thus, the nominated members of both the Houses of Parliament, the nominated members of the state legislative assemblies, the members of the state legislative councils and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President. According to the present system the President is the representative of state and union equally, i.e., the total values of the votes of all MLAs is equal to the total value of votes of all MPs. To achieve this, the number of votes which each elected member of the legislative assembly of each state and the Parliament is entitled to cast at such election shall be determined in the following manner: Value of the vote of an MLA Total Population of State Total number of elected members in the state legislative assembly Value of the vote of an MP Total Value of votes of all MLAs of all states Total number of elected members of Parliament

3 A candidate, in order to be declared elected to the office of President, must secure a fixed quota of votes. Electoral quota Total Number of valid polled (2) All doubts and disputes in connection with election of the President are inquired and decided by the Supreme Court, whose decision is final. The election of a person as President cannot be challenged on the ground that the Electoral College was incomplete. QUALIFICATIONS FOR ELECTION AS PRESIDENT A person to be eligible for election as President should fulfill the following qualifications: He should be citizen of India He should have completed 35 years of age He should be qualified for election as a member of the Lok Sabha He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority. A sitting President or Vice-President of the Union, the Governor of any state and a minister of the Union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate. The nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Every candidate has to make a security deposit of Rs 15,000 in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled. OATH OR AFFIRMATION BY THE PRESIDENT Before entering upon his office, the President has to make and subscribe to an oath or affirmation. The oath of office to the President is administered by the Chief Justice of India and in his absence, the senior most judge of the Supreme Court available. Any other person acting as President or discharging the functions of the President also undertakes the similar oath or affirmation. 3

4 CONDITIONS OF PRESIDENT S OFFICE He should not be a member of either House of Parliament or a House of the state legislature. If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as President. He is entitled to such emoluments, allowances and privileges as may be determined by Parliament. His emoluments and allowances cannot be diminished during his term of office. In 2008, the Parliament increased the salary of the President from Rs. 50,000 to Rs lakh per month and the pension to 50% of his salary per month. The President is entitled to a number of privileges and immunities. He enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned. However, after giving two months notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts. TERM OF PRESIDENT S OFFICE The President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letter to the Vice-President. Further, he can also be removed from the office before completion of his term by the process of impeachment. The President can hold office beyond his term of five years until his successor assumes charge. He is also eligible for re-election to that office. He may be elected for any number of terms. IMPEACHMENT OF PRESIDENT (ARTICLE 61) The President can be removed from office by a process of impeachment for violation of the Constitution. However, the Constitution does not define the meaning of the phrase violation of the Constitution. The impeachment process can be initiated by either house of Parliament. These charges should be signed by one-fourth members of that House (that framed the charges), and a 14 days notice should be given to the President. After the impeachment bill is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges 4

5 and passes the impeachment bill by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the bill is so passed. Thus, an impeachment is a quasi-judicial procedure in the Parliament. In this context, two things should be noted: (a) the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election; (b) the elected members of the legislative assemblies of states and the Union Territories of Delhi and Pondicherry do not participate in the impeachment of the President though they participate in his election. VACANCY IN THE PRESIDENT S OFFICE A vacancy in the President s office can occur in any of the following ways: On the expiry of his tenure of five years By his resignation On his removal by the process of impeachment By his death Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void When the vacancy is going to be caused by the expiration of the term of the sitting President, an election to fill the vacancy must be held before the expiration of the term. In case of any delay in conducting the election of new President by any reason, the outgoing President continues to hold office (beyond his term of five years) until his successor assumes charge. If the office falls vacant by resignation, removal, death or otherwise, then election to fill the vacancy should be held within six months from the date of the occurrence of such a vacancy. When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise, the Vice-President acts as the President until a new President is elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes. When any person, i.e., Vice-President, chief justice of India, or the senior most judge of the Supreme Court is acting as the President or discharging the functions of the President, he enjoys all the powers and immunities of the President and is entitled to such emoluments, allowances and privileges as are determined by the Parliament. 5

6 Sl.No Name of the President Term 1. Dr. Rajendra Prasad 1950 January May Dr. S. Radhakrishnan 1962 May May Dr. Zakir Hussain 1967 May May 3 4. V V Giri 1969 August August Fakrudin Ali Ahmad 1974 August February11 6. Neelam Sanjeeva Reddy 1977 July July Giani Sail Singh 1982 July July R. Venkitaraman 1987 July July Dr. Shankar Dayal Sharma 1992 July July K.R. Narayanan 1997 July July Dr. A.P.J. Abdul Kalam 2002 July July Ms.Prathibha Patil 2007 July July Pranab Mukherjee 2012 July 25 (Continue) Acting Presidents 1. V V Giri (Vice President) 1969 May 3 July M Hidayatulla (SC Chief Justice) 1969 July 20 August B D Jatti (Vice President) 1977 February 11 July 25 POWERS AND FUNCTIONS OF THE PRESIDENT EXECUTIVE POWERS All executive actions of the Government of India are formally taken in his name He appoints the prime minister and the other ministers. They hold office during his pleasure He appoints the attorney general of India and determines his remuneration. The attorney general holds office during his pleasure. 6

7 He appoints the comptroller and auditor general of India, the chief election commissioners, the chairman and members of the Union Public Service Commission, the governors of states, the chairman and members of finance commission, and so on He can seek any information relating to the administration of affairs of the Union, the proposals for legislation from the prime minister. He can appoint a commission to investigate into the conditions of SCs, STs and other backward classes He can appoint an inter-state council to promote Centre-state and inter-state cooperation He directly administers the union territories through administrators appointed by him He can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas LEGISLATIVE POWERS The President is an integral part of the parliament of India and enjoys the following legislative powers: He can summon or prorogue the Parliament and dissolve the Lok Sabha. He can also summon a joint sitting of both the Houses of Parliament, which is presided over by the Speaker of the Lok Sabha He can address the Parliament at the commencement of the first session after each general election and the first session of each year He can send messages to the House of Parliament, whether with respect to a bill pending in the Parliament or otherwise He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and the Deputy Chairman fall vacant He nominates 12 members of the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service. He can nominate two members to the Lok Sabha from the Anglo-Indian Community He decides on questions as to disqualifications of members of the Parliament, in consultation with the Election Commissions His prior recommendation or permission is needed to introduce certain types of bills in the Parliament. For example, a bill involving expenditure from the Consolidated 7

8 Fund of India, or a bill for the alternation of boundaries of states or creation of a new state When a bill is sent to the President after it has been passed by the Parliament, he can: Give his assent to the bill, or Withhold his assent to the bill, or Return the bill (if it is not a money bill) for reconsideration of the Parliament. However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill. When a bill passed by a state legislature is reserved by the governor for consideration of the President, the President can: Give his assent to the bill, or Withhold his assent to the bill, or Direct the governor to return the bill (if it is not a money bill) for reconsideration of the state legislature. It should be noted here that it is not obligatory for the President to give his assent even if the bill is again passed by the state legislature and sent again to him for his consideration He can promulgate ordinances, (Article 123) when the Parliament is not in session. These ordinances must be approved by the Parliament within six weeks from its reassembly. He can also withdraw an ordinance at any time He lays reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament. He can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved. FINANCIAL POWERS Money bills can be introduced in the Parliament only with his prior recommendation No demand for a grant can be made except on his recommendation He can make advances out of the contingency fund of India to meet any unforeseen expenditure He constitutes a finance commission (Article 240) after every five years to recommend the distribution of revenues between the Centre and the states. 8

9 JUDICIAL POWERS He appoints the Chief Justice and the judges of Supreme Court and high courts He can seek advice from the Supreme Court on any question of law or fact, (Article 143) However, the advice tendered by the Supreme Court is not binding on the President PARDONING POWER OF THE PRESIDENT Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the: Punishment or sentence is for an offence against a Union Law; Punishment or sentence is by a court martial (military court); and Sentence is a sentence of death The pardoning power of the President is independent of the Judiciary; it is an executive power. But, the President while exercising this power, does not sit as a court of appeal. The pardoning power of the President includes the following: 1. Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications. 2. Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment. 3. Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year 4. Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. 5. Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period to enable the convict to have time to seek pardon or commutation from the President. Under Article 161 of the Constitution, the governor of a state also possesses the pardoning power. The pardoning power of the governor differs from that of the President in following two respects: The President can pardon sentences inflicted by court martial (military courts) while the governor cannot. 9

10 The President can pardon death sentence while governor cannot. Even if a state law prescribes death sentence, the power to grant pardon lies with the President and not the governor. However, the governor can suspend, remit or commute a death sentence. The Supreme Court examined the pardoning power of the President under different cases and laid down in following principles: The petitioner for mercy has no right to an oral hearing by the President The President can examine the evidence afresh and take a view different from the view taken by the court The power is to be exercised by the President on the advice of the union cabinet The President is not bound to give reasons for his order The exercise of power by the President is not subject to judicial review except where the presidential decision is arbitrary, irrigational, mala fide or discriminatory. Where the earlier petition for mercy has been rejected by the President, stay cannot be obtained by filing another petition DIPLOMATIC POWERS The international treaties and agreements are negotiated and concluded on behalf of the President. He represents India in international forums and affairs and sends and receives diplomats like ambassadors, high commissioners, and so on MILITARY POWERS President is the supreme commander of the defence force of India. In that capacity, he appoints the chiefs of the Army, the Navy and the Air Force. He can declare war or conclude peace, subject to the approval of the Parliament. EMERGENCY POWERS The Constitution confers extraordinary powers on the President to deal with the following three types of emergencies. National Emergency (Article 352) President s Rule (Article 356 & 365) Financial Emergency (Article 360) VETO POWER OF THE PRESIDENT The veto power enjoyed by the executive in modern states can be classified into the following four types Absolute veto, that is, withholding of assent to the bill passed by the legislatures 10

11 Qualified veto, which can be overridden by the legislature with a higher majority Suspensive veto, which can be over ridden by the legislature with an ordinary majority Pocket veto, that is, taking no action on the bill passed by the legislature The President of India is vested with three absolute veto, suspensive veto and pocket veto qualified veto is possessed by the American President. ABSOLUTE VETO It refers to the power of the President to with hold his assent to a bill passed by the Parliament. The bill then ends and does not become an act. Usually, exercised in the following two cases: With respect to private members bill (i.e., bill introduced by any member of Parliament who is not a minister); and With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills. SUSPENSIVE VETO The President exercises this veto when he returns a bill for reconsideration of the Parliament. However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the bill. POCKET VETO The President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period. The President can exercise this veto power as the Constitution does not prescribe any time limit within which he has to take the decision with respect to a bill presented to him for his assent. In USA, the president has to return the bill for reconsideration within 10 days. Hence, it is remarked that the pocket of the Indian President is bigger than that of the American President. It should be noted here that the President has no veto power in respect of a constitutional amendment bill. 11

12 ORDINANCE MAKING POWER OF THE PRESIDENT Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. The ordinance-making power is the most important legislative power of the President. The president can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not is session. As ordinance made when both the Houses are in session is void. Thus, the power of the President to legislative by ordinance is not a parallel power of legislation. An ordinance can be issued only on those subjects on which the Parliament can make laws. An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights. Every ordinance issued by the President during the recess of parliament must be laid before both the Houses of Parliament when it reassembles. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the reassembly of Parliament. The maximum life of an ordinance can be six months and six weeks, in case of non-approval by the Parliament (six months being the maximum gap between the two sessions of Parliament). DISCRETIONARY POWER OF PRESIDENT The President can act on his direction under the following situations: Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor. Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha. Dissolution of the Lok Sabha if the council of ministers as lost its majority. 12

13 VICE PRESIDENT OF INDIA According to Article 63, there shall be a Vice President of India He is the ex-officio Chairman of the Council of States (the Rajya Sabha) The Vice-President is not a member of the Rajya Sabha, and hence he has no right to vote Being the Vice-President of India, he is not entitled for any salary, but he is entitled to the salary and allowances payable to the Chairman of the Council of States The Vice-President is elected by an Electoral College consisting of the members of both the Houses of the Parliament in accordance with the system of proportional representation by means of a single transferable vote (Art 66) There is no mandatory provision, like in case of the President, to hold the election within the six months. All the doubts and disputes arising out of or a connection with the election of the Vice- President shall be decided by the Supreme Court whose decision will be final. THE VICE-PRESIDENT Article 63: The Vice-President of India. Article 65: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, or president. Article 66: Election of Vice-President. DUTIES OF THE VICE-PRESIDENTS IN EXTRAORDINARY CIRCUMSTANCES According to Article 65, in the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice- President shall act as the President until the date on which a new President is elected. When the President is unable to discharge his functions owing to absence, illness or any other causes, the Vice-President shall discharge his functions until the date on which the President resumes his duties. When the Vice-President acts as the President or discharges the functions of the President, he shall exercise all the powers of the President and shall receive the salary and emoluments of the President. QUALIFICATIONS TO BE THE VICE-PRESIDENT No person shall be eligible to be elected as the Vice-President unless he- Is a citizen of India Has completed the age of 35 years 13

14 Is qualified for election as a member of Council of States A person holding any office of profit under the Government shall not be eligible for election as the Vice-President. The offices of the President, the Vice President, the Government of a State or the Minister of either the Union or the State shall not be considered as the offices of profit. Terms of the Office of the Vice President (Article 67) The Vice-President can be removed from his office by a resolution of the Council of States (the Rajya Sabha) passed by a majority of all the then members of the Council of States and agreed to by the House of People (the Lok Sabha). No formal impeachment is required. PRIME MINISTER In the scheme of parliamentary system of government provided by the constitution, the President is the nominal executive authority (de jure executive) and Prime Minister is the real executive authority (de facto executive). In other words, President is the head of the State while Prime Minister is the head of the government APPOINTMENT OF THE PRIME MINISTER Article 75 says that the Prime Minister shall be appointed by the president. In the parliamentary system of government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister. But, when no party has a clear majority in the Lok Sabha, then the President may exercise his personal discretion in the selection and appointment of the Prime Minister. In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month. This discretion was exercised by the President, for the first time in 1979, when Neelam Sanjiva Reddy appointed Charan Singh as the Prime Minister after the fall of the Janata Party government headed by Morarji Desai. President may have to exercise in the selection of the Prime Minister, when the Prime Minister in office dies suddenly and there is no obvious successor. This is happened when Indira Gandhi was assassinated in The then President Zail Singh appointed Rajiv Gandhi as the Prime Minister by ignoring the precedent of appointing a caretaker Prime Minister. 14

15 The term of the Prime Minister is not fixed and he holds office during the pleasure of the president. When he loses the confidence of the Lok Sabha, he must resign or the President can dismiss him. The salary and allowances of the Prime Minister are determined by the Parliament. He gets the salary and allowances that are payable to a Member of Parliament. POWERS AND FUNCTIONS OF THE PRIME MINISTER IN RELATION TO COUNCIL OF MINISTERS He recommends persons who can be appointed as ministers by the president. The President can appoint only those persons as ministers who are recommended by the Prime Minister He allocates and reshuffles various portfolios among the ministers. He can ask a minister to resign or advise the President to dismiss him in case of difference of opinion. He presides over the meeting of council of ministers and influences its decisions. He guides, directs, controls, and coordinates the activities of all the ministers. He can bring about the collapse of the council of ministers by resigning from office. The resignation or death of an incumbent Prime Minister automatically dissolves the council of ministers and the resignation or death of any other minister, creates a vacancy which the Prime Minister may or may not like to fill. IN RELATION TO THE PRESIDENT He is the principal channel of communication between the President and the council of ministers. He advise the president the appointment of important attorney general of India, Comptroller and Auditor General of India, chairman and members of the UPSC, election commissioners, chairman and members of the finance commission. IN RELATION TO PARLIAMENT The Prime Minister is the leader of the Lower House. His advice the President with regard to summoning and proroguing of the sessions of the Parliament. He can recommend dissolution of the Lok Sabha to President at any time. He announces government policies on the floor of the House. 15

16 OTHER POWERS & FUNCTIONS He is the chairman of the Planning Commission, National Development Council, National Integration Council, Inter-State Council and National Water Resources Council. He plays a significant role in shaping the foreign policy of the country. He is the chief spokesman of the Union government. He is the crisis manager-in-chief at the political level during emergencies. He is leader of the party in power. He is political head of the services. RELATIONSHIP WITH THE PRESIDENT 1. Article 74 There shall be a council of ministers with the Prime Minister at the head to advise the President. The President may require the council of ministers to reconsider such advice. 2. Article 75 The council of ministers shall be collectively responsible to the House of the People. PRIME MINISTER S OFFICE Meaning Prime Minister is assisted by the prime minister s office (PMO). It plays an important role in the process of decision-making at the top level in the Government of India. The PMO enjoys the status of a department of the Government of India. The PMO came into existence in 1947 by replacing the Secretary to the Government (Personal). The PMO is headed politically, by the prime minister and administratively, by the principal secretary. It deals with: (a) such subjects that are not allotted to any ministry/department. (b) It is not concerned with the responsibilities of prime minister as the chairman of the Union cabinet. The cabinet cases are directly dealt by the cabinet secretariat, which also functions under the direction of the prime minister. 16

17 Critics have described the PMO variously as super-cabinet, micro-cabinet, superministry, super-secretariat, super-authority, the Government of India, the Government of the Government of India and so on. CENTRAL COUNCIL OF MINISTERS The council of ministers headed by the prime minister is the real executive authority is our politico-administrative system. Article 74 deals with the status of the council of ministers while Article 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries and allowances of the ministers. ARTICLE 75-OTHER PROVISIONS AS TO MINISTERS The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. The provision was added by the 91 st Amendment Act of NATURE OF ADVICE BY MINISTERS The 42 nd and 44 th Constitutional Amendment Acts have made the advice binding on the President. Further, the nature of advice tendered by ministers to the President cannot be enquired by any court. APPOINTMENT OF MINISTERS The Prime Minister is appointed by the President, while the other ministers are appointed by the President on the advice of the Prime Ministers. A person who is not a member of either House of Parliament can also be appointed as a minister. But, within six months, he become a member of either House of Parliament, otherwise, he ceases to be a minister. A minister who is a member of one House of Parliament has the right to speak and to take part in the proceeding of the other House also, but he can vote only in the House of which he is a member. OATH AND SALARY OF MINISTERS Before a minister enters upon his office, the president administers to him the oaths of office and secrecy. 17

18 RESPONSIBILITY OF MINISTERS COLLECTIVE RESPONSIBILITY The Fundamental principle underlying the working of parliamentary system of government is the principle of collective responsibility. Article 75 clearly states that the council of ministers is collectively responsible to the Lok Sabha. This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. They work as a team and swim or sink together. When the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers have to resign including those ministers who are from the Rajya Sabha. The President may not oblige the council of ministers that has lost the confidence of the Lok Sabha. The Principle of collective responsibility also means that the Cabinet decisions bind all cabinet ministers even if they differed in the cabinet meeting. COMPOSITION OF THE COUNCIL OF MINISTERS The council of ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers. The cabinet ministers head the important ministries of the Central government ministries of the Central Government like home, defence, finance, external affairs and so forth. They are the members of the cabinet, attend its meeting and play an important role in deciding policies. The Ministers of state can either be given independent charge of ministries/department or can be attached to cabinet ministers. However they are not members of the cabinet and do not attend the cabinet meetings unless specially invited when something related to their ministries/departments are considered by the cabinet. Next in rank are the deputy ministers. They are not given independent charge of ministries/departments. They are attached to the cabinet ministers or ministers of state and assist them in their administrative, political, and parliamentary duties. They are not members of the cabinet and do not attend cabinet meetings. It must also be mentioned here that there is one more category of ministers, called parliamentary secretaries. They have no department under their control. They are attached to the senior ministers and assist them in the discharge of their parliamentary duties. However, since 1967, no parliamentary secretaries have been appointed except during the first phase of Rajiv Gandhi Government. ROLE OF CABINET It is the highest decision-making authority in our politico-administrative system. 18

19 It is the chief policy formulating body of the Central Government. CABINET COMMITTEES The Cabinet works through various committees: They are extra-constitutional as they are not mentioned in the Constitution. However, the Rules of Business provide for their establishment. They are of two types-standing and ad hoc.the former are of a permanent nature while the latter are of a temporary nature. The ad hoc committees are constituted from time to time to deal with special problems. They are set up by the prime minister according to the exigencies of the time and requirements of the situations. The most important standing committees are four-political Affairs Committee, Economic Affairs Committee, Appointments Committee and Parliamentary Affairs Committee. The first three are chaired by the prime minister and the last one by the home minister. Of all the cabinet committees, the most powerful is the Political Affairs Committee, often described as a Super-Cabinet. CABINET SECRETARIAT Meaning The cabinet secretariat enjoys the status of a department of the Government of India. ROLE AND FUNCTIONS It prepares agenda for meetings of the cabinet and provides necessary information and material for its deliberations. It handles the work pertaining to appointment and resignation of ministers, allotment of portfolios to the ministers, and organization and reorganization of ministries. CABINET SECRETARY A Cabinet secretary is the administrative head of the cabinet secretariat. Following points highlight the role, powers and functions of a cabinet secretary. He acts as a chief advisor to the prime minister on all aspects of administration and policy. He acts as an advisor and conscience-keeper to all the civil servants. He acts as a link between the PMO and various administrative agencies and also between the civil service and the political system. 19

20 PARLIAMENT Article 79 to 122 in Part V of the Constitution deals with the Indian Parliament ORGANISATION OF PARLIAMENT The Parliament of India consists, of the President, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House) Though the President of India is not a member of either House of Parliament he is an integral part of the Parliament. COMPOSITION OF RAJYA SABHA The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories and 12 are nominated by the president At present, the Rajya Sabha has 245 members. Of these, 229 members represent the states, 4 members represent the union territories and 12 members are nominated by the president. 1. REPRESENTATION OF STATES The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies. The election is held in accordance with the system of proportional representation by means of the single transferable vote. The seats are allotted on the basis of population. 2. NOMINATED MEMBERS The President nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service. But the American senate has no nominated members COMPOSITION OF LOK SABHA The maximum strength of the Lok Sabha is fixed at 552. Out of this, 530 members are to be the representatives of the states, 20 members are to be representatives of the union territories and 2 members are to be nominated by the president from the Anglo- Indian community. 20

21 At present, the Lok Sabha has 545 members. Of these, 530 members represent the states, 13 members represent the union territories and 2 Anglo-Indian members are nominated by the President. The 42 nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division of each state into territorial constituencies till the year 2000 at the This was extended to 2026 by the 84 th Amendment Act of 2001, with the object of encouraging population limiting measures. RESERVATION OF SEATS FOR SCs AND STs The Constitution provides for the reservation of seats for scheduled castes and scheduled tribes in the Lok Sabha only. DURATION OF RAJYA SABHA The Rajya Sabha (constituted in 1952) is a permanent body. However one-third of its members retire every second year. Their seats are filled up by fresh elections and presidential nominations at the beginning of every third year. The retiring members are eligible for re-election and re-nomination any number of times. The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years. DURATION OF LOK SABHA Lok Sabha has a term of five years from the date of its first meeting after the general elections, after which it automatically dissolves. The term of the Lok Sabha can be extended during the period of national emergency by a law of Parliament for one year at a time for any length of time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate. MEMBERSHIP OF PARLIAMENT QUALIFICATIONS He must be a citizen of India He must make and subscribe before the person authorized by the election commission an oath or affirmation according to the form prescribed in the Third Schedule. He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha. 21

22 He must possess other qualifications prescribed by Parliament. The Parliament has laid down the following additional qualifications in the Representation of People Act (1951): He must be registered as an elector for a parliamentary constituency. This is same in the case of both, the Rajya Sabha and the Lok Sabha. He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them. DISQUALIFICATIONS If he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament) If he is of unsound mind and stands so declared by a court If he is an undischarged insolvent If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance to a foreign state; and If he is so disqualified under any law made by Parliament DISQUALIFICATION ON GROUND OF DEFECTION On the ground of defection under the provisions of the Tenth Schedule If he voluntarily gives up the membership of the political party on whose ticket he is elected to the House; If he votes or abstains from voting in the House contrary to any direction given by his political party; If any independently elected members joins any political party; and If any nominated member joins any political party after the expiry of six months The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha (and not by the president of India). In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review. VACATING OF SEATS 1. Double Membership A person cannot be a member of both Houses of Parliament at the same time. Thus, the Representation of People Act (1951) provides for the following: 22

23 If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant. If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant. If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant. Similarly a person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days. 2. Disqualification If a Member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant. 3. Resignation A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be. 4. Absence A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission. In computing the period of sixty days, no account shall be taken of any period during which the House is prorogued or adjoined for more than four consecutive days. OATH OR AFFIRMATION Every member of either House of Parliament, before taking his seat in the House, has to make and subscribe to an oath or affirmation before the President Unless a member takes the oath, he cannot vote and participate in the proceedings of the House and does not become eligible to parliamentary privileges and immunities SALARIES AND ALLOWANCES Members of either House of Parliament are entitled to receive such salaries and allowances as may be determined by Parliament, and there is no provision of pension in the Constitution. However, Parliament has provided pension to the members. The salaries and allowances of the Speaker of Lok Sabha and the Chairman of Rajya Sabha are also determined by Parliament. 23

24 SPEAKER OF LOK SABHA ELECTION AND TENURE The Speaker is elected by the Lok Sabha from amongst its members. The date of election of the Speaker is fixed by the President. ROLE, POWER AND FUNCTIONS He is the principal spokesman of the House, and his decision in all Parliamentary matters is final: He maintains order and decorum in the House for conducting its business and regulating its proceedings. He adjourns the House or suspends the meeting in absence of a quorum. He presides over a joint sitting of the two Houses of Parliament. Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill. He decides whether a bill is a money bill or not and his decision on this question is final. When a money bill is transmitted to the Rajya Sabha for recommendation and presented to the President for assent, the Speaker should certify that it is a money bill. He decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection. The Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review. He acts as the ex-officio chairman of the Indian Parliament Group of the Inter Parliamentary Union. He appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their functioning. He himself is the chairman of the Rules Committee and the General Purpose Committee. INDEPENDENCE AND IMPARTIALITY `The following provisions ensure the independence and impartiality of the office of the Speaker: He is provided with a security of tenure. He can be removed only by a resolution passed by the Lok Sabha by an absolute majority. This motion of removal can be considered and discussed only when it has the support of at least 50 members. He is given a very high position in the order of precedence. He is placed at seventh rank, along with the Chief Justice of India. 24

25 DEPUTY SPEAKER OF LOK SABHA The date of election of the Deputy Speaker is fixed by the Speaker. The Deputy Speaker performs the duties of the Speaker s office when it is vacant. He also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent from such a sitting. The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman. The Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation. In 1921, the Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of India as the first Speaker and the first Deputy Speaker (respectively) of the Central legislative assembly. In 1925, Vithalbhai J Patel became the first Indian and the first elected Speaker of the central legislative assembly. G V Mavalankar and Ananthasayanam Ayyangar had the distinction of being the first Speaker and the first Deputy Speaker of the Lok Sabha. SPEAKER PRO TEM The Speaker of the last Lok Sabha vacates his offices immediately before the first meeting of the newly elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem. Usually, the senior most members are selected for this. The President himself administers oath to the Speaker Pro Tem. The Speaker Pro Tem has all the powers of the Speaker. He presides over the first sitting of the newly elected Lok Sabha. His main duty is to administer oath to the new members. He also enables the House to elect the new Speaker. When the new Speaker is elected by the House, the office of the Speaker Pro Tem ceases to exist. Hence, this office is a temporary office, existing for a few days. LEADER OF THE OPPOSITION In each House of Parliament, there is the leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognized as the leader of the Opposition in that House. The leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in They are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister. 25

26 SESSIONS OF PARLIAMENT SUMMONING The president from time to time summons each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. In other words, the Parliament should meet at least twice a year. There are usually three sessions in a year, viz, The Budget Session (February to May); The Monsoon Session (July to September); and The Winter Session (November to December) ADJOURNMENT An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. ADJOURNMENT SINE DIE Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die. The power of adjournment as well as adjournment sine die lies with the presiding officer of the House. PROROGATION It not only terminates a sitting but also a session of the House It is done by the president of India. DISSOLUTION Only the Lok Sabha is subject to dissolution. Dissolution ends the very life of the existing House, and a new House is constituted after general elections are held. Some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha. A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha) A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses A bill not passed by the two Houses due to disagreement and if the President has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse A bill passed by both Houses but pending assent of the president does not lapse 26

27 A bill passed by both Houses but returned by the president for reconsideration of House does not lapse LANGUAGE IN PARLIAMENT The Constitution has declared Hindi and English to be the languages for transacting business in the Parliament. However, the presiding officer can permit a member to address the House in his mother-tongue. RIGHTS OF ATTORNEY GENERAL The attorney general of India has the right to speak and take part in the proceedings of either House. LAME-DUCK SESSION It refers to the last session of the existing Lok Sabha, after a new Lok Sabha has been elected. Those members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha are called lame-ducks. DEVICES OF PARLIAMENTARY PROCEEDINGS QUESTION HOUR The first hour of every parliamentary sitting is started with question hour. The questions are of three kinds, namely, starred, unstarred and short notice. A starred question requires an oral answer and hence supplementary question can follow. An unstarred question requires a written answer and hence, supplementary questions cannot follow. A short notice question is one that is asked by giving a notice of less than ten days. It is answered orally. ZERO HOUR The zero hour is not mentioned in the Rules of Procedure. It is an informal device available to the members of the Parliament to raise matters without any prior notice. The zero hour starts immediately after the question hour and lasts until the agenda for the day. It is an Indian innovation since LEGISLATIVE PROCEDURE IN PARLIAMENT The bill introduced in the Parliament is classified into four categories: Ordinary bills, which are concerned with any matter other than financial subjects. 27