INDIAN POLITY

THE STATE EXECUTIVE

THE GOVERNOR OF A STATE
Overview
  • Governors and Lieutenant-Governors of states and Union Territories have powers at the state level similar to that of the President at the Union level
  • Governors preside over states while Lieutenant-Governors preside over Union Territories and NCT Delhi
  • The office of the Lieutenant-Governor exists only in the Union Territories of Andaman & Nicobar Islands, Pondicherry and NCT Delhi. Other Union Territories have an Administrator, who is usually an IAS officer.
Keywords: India, ias, upsc, exam, civil service, study material, general studies, Indian polity, free
Conditions of service
  • Governors and Lieutenant-Governors are appointed by the President for a period of 5 years
  • The Governor or Lieutenant-Governor can be dismissed by the President on the recommendation of the Prime Minister
  • Unlike the President, Governors and Lieutenant-Governors can not be impeached
Keywords: India, ias, upsc, exam, civil service, study material, general studies, Indian polity, free
POWERS OF THE GOVERNOR
  • Executive powers
    • All executive powers of the state government are vested in the Governor
    • The Governor appoints the Chief Minister and the Council of Ministers
    • He allocates portfolios to the Ministers based on the advice of the Chief Minister
    • The Governor appoints the judges of the District Courts
    • The President consults the Governor in the appointment of the judges of the High Court
    • The Governor appoints the Advocate General and members of the state Public Service Commission
  • Legislative powers
    • The Governor summons sessions of both Houses of the state legislature and prorogues them
    • The Governor can dissolve the state Legislative Assembly (Vidhan Sabha) on the advice of the Chief Minister
    • Bills passed by the legislature can become law only on the assent of the Governor
    • The Governor can return non-Money Bills to the legislature for reconsideration. However, if the legislature sends it back without modification, the Governor must give his assent
    • The Governor can reserve certain Bills for consideration by the President
    • The Governor can promulgate Ordinances. These ordinances must be approved by the legislature at its next session. Ordinances remain valid for no more than 6 weeks from the date of convening of the legislature
  • Financial powers
    • The Governor causes to be laid before the legislature the annual state Budget
    • Money Bills can be introduced in the legislature only on the prior recommendation of the Governor
    • The Governor can make advanced from the Contingency Fund of the State to meet unforeseen expenditure
    • The Governor constitutes the state Finance Commission
  • Discretionary powers
    • When no political party gets a majority in the Legislative Assembly, the Governor can appoint the leader of the largest party or the largest coalition as the Chief Minister
    • The Governor can recommend to the President imposition of President’s rule in the state
Keywords: India, ias, upsc, exam, civil service, study material, general studies, Indian polity, free
THE STATE LEGISLATURE
Overview
  • State legislatures in India can be unicameral or bicameral
  • The lower House is called the Legislative Assembly, and the upper House (if it exists) is called the Legislative Council
  • Currently, only six states in India have Legislative Councils: Bihar, Jammu & Kashmir, Uttar Pradesh, Maharashtra, Karnataka and Andhra Pradesh
  • The provision for instituting and removing Legislative Councils is enshrined in Article 169 of the Constitution
Keywords: India, ias, upsc, exam, civil service, study material, general studies, Indian polity, free
The Legislative Assembly
  • Legislative Assemblies consist of 60 to 500 members
  • Members of the Legislative Assembly are directly elected
  • The Governor can appoint a certain number of Anglo-Indians to the Assembly as he deems fit
Keywords: India, ias, upsc, exam, civil service, study material, general studies, Indian polity, free
The Legislative Council
  • The Legislative Council consists of not more than 1/3rd the strength of the Legislative Assembly and not less than 40
  • Members of the Council are indirectly elected as well as nominated (by the Governor)
  • The composition of the Council is as follows
    • Members elected by electorates consisting of members of local bodies
    • Members elected by MLAs from among people who are not MLAs
    • Members elected by electorates consisting of persons who are graduates of 3 years standing and who are residents of the state
    • Members elected by electorates consisting of persons engaged for 3 years in teaching (not lower than secondary school)
    • Members nominated by the Governor from among persons having expertise in science, arts, social service etc
Keywords: India, ias, upsc, exam, civil service, study material, general studies, Indian polity, free
Conditions of service
  • The minimum age for membership to the state legislature is 25 for the Legislative Assembly and 30 for the Legislative Council
  • To become a member from a particular constituency, a person must be a voter from that constituency
  • The term of the Legislative Assembly is five years.
  • It may be extended by the Governor during an Emergency, but not for more than six months at a time
  • The Legislative Council, like the Rajya Sabha, is a permanent House and cannot be dissolved
  • The term of members of the Council is 6 years, with 1/3rd retiring every two years
Keywords: India, ias, upsc, exam, civil service, study material, general studies, Indian polity, free
Presiding officers
  • The Legislative Assembly has a Speaker and a deputy Speaker
  • They are elected from among the membership of the Assembly
  • The Legislative Council has a Chairman and a deputy Chairman (who are also elected from among members)
  • Presiding Officers of both Houses have the right to cast their vote in case of a tie
Keywords: India, ias, upsc, exam, civil service, study material, general studies, Indian polity, free
Functions of the state Legislature
  • The Legislature has the power to legislate on all subjects in the State List and the Concurrent List
  • Money Bills can originate in the Legislative Assembly only
  • The Council has 14 days to recommend changes to the Money Bill
  • Elected members of the Legislative Assembly are involved in the process of election of the President of India
  • Each state legislature has one electoral power in electing the President
  • Amendments to the Constitution of India can be executed with approval of half the state legislatures in the country.







SUPREME COURT OF INDIA

Overview
  • The Supreme Court of India is decreed by Part V, Chapter IV of the Constitution
  • It was established on 28 Jan 1950
  • According to the Constitution, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal
  • The Supreme Court has original, appellate and advisory jurisdiction
About the Supreme Court building
  • The first home of the Supreme Court was the Chamber of Princes of the Parliament building, which had been the seat of the Federal Court of India
  • The Court moved to the present premises in 1958
  • The present premises was designed by Ganesh Bhikaji Deolalikar
COMPOSITION OF THE SUPREME COURT
Judges of the Supreme Court
  • The Supreme Court consists of 31 judges – one Chief Justice and 30 other Justices
  • The Constitution originally provided for 7 judges in the Court. However, due to increased workloads, this number has been gradually increased, reaching 31 in 2008
  • Judges in the Supreme Court sit together in Benches to hear cases
  • A small Bench, with two to three Justices, is called a Division Bench
  • A large Bench, with five or more Justices, is called a Constitutional Bench
  • A Division Bench may refer a case up to a Constitutional Bench if desired
  • The first woman judge of the Supreme Court was Justice Fatima Beevi in 1987. However, there has been no female Chief Justice
Terms of service
  • Judges of the Supreme Court are appointed by the President
  • Judges of the Supreme Court retire at the age of 65
  • Must be a citizen of India
  • Must have been one of the following
    • A judge of a High Court for at least 5 years
    • An advocate of a High Court for at least 10 years
    • A distinguished jurist, in the opinion of the President
Ad hoc Judges
  • Ad hoc Judges are non-Supreme Court judges who sit in the Supreme Court when there is insufficient quorum to perform the judicial duties
  • Ad hoc Judges are appointed by the Chief Justice after obtaining consent from the President
  • Serving and retired judges of the Supreme Court (and High Courts) can sit and act as ad hoc Judges of the Supreme Court
  • Only such persons can be appointed as ad hoc Judges who are qualified to be appointed as a regular Judge of the Supreme Court
The office of the Chief Justice
  • The senior most judge of the Supreme Court is appointed as the Chief Justice
  • The Chief Justice remains in office for 5 years or until retirement, whichever is earlier
  • The Chief Justice is responsible for allocation of work to other judges
  • Other judges may refer cases to him if a bench of higher strength is required
  • The Chief Justice administers the oath of office to the President
  • In the absence of the President and the Vice-President, the Chief Justice sits as the Acting President of India
  • The Chief Justice is the ex-officio Chancellor to most autonomous law schools in India
Noteworthy Chief Justices
  • The current Chief Justice (K G Balakrishnan) is the 37th Chief Justice of India. He is from Kerala
  • The first Chief Justice of India was H J Kania (1950 – 1951). Before appointment to the Supreme Court, he served as the Chief Justice of the Federal Court of India (1947 – 1950). He was from Bombay
  • The shortest tenure was for K N Singh (Nov 1991 – Dec 1991, UP)
  • The longest tenure was for Y V Chandrachud (1978 – 1985, Bombay)
INDEPENDENCE OF JUDGES
  • The salaries and allowances of Judges are charged to the Consolidated Fund of India and are not subject to a vote of Parliament
  • The salaries and other service conditions of Judges cannot be changed to their disadvantage during their tenure
  • Judges can be removed only by a resolution of both Houses of Parliament passed with a two-third majority
  • Judges can be removed only on grounds of proven misbehaviour or incapacity
  • Judges are barred from practicing in any court after retirement
  • The decisions and actions of Judges cannot be criticized. Disrespect to Court authority can invite Contempt of Court proceedings
  • The conduct of Judges cannot be discussed in Parliament or state legislatures
  • The appointment of Judges does not depend on the discretion of the President. Judges are appointed by the President in consultation with other Judges of the Supreme Court, while the Chief Justice is appointed based on seniority
  • The Court enjoys complete freedom with respect to appointment of officers of the Court
JURISDICTION OF THE SUPREME COURT
  1. Original Jurisdiction
    1. Original Jurisdiction means that certain types of cases can originate with the Supreme Court only
    2. The Supreme Court has original jurisdiction in
      1. Disputes between the Centre and one or more states
      2. Disputes between the Centre and any state(s) on one side and one or more states on the other side
      3. Disputes between two or more states
      4. Disputes regarding the enforcement of Fundamental Rights
  2. Appellate Jurisdiction
    1. Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it
    2. The Supreme Court is the highest court of appeal in the country
    3. Three types of cases fall with appellate jurisdiction:
      1. Constitutional cases: an appeal against a High Court judgement can be made to the Supreme Court if the High Court determines that the case involves questions on the interpretation of the Constitution
      2. Civil cases: an appeal can be made in civil cases if the High Court certifies
        1. that the case involves a substantial question of law of general importance, and
        2. that the said question needs to be decided by the Supreme Court
      3. Criminal cases: an appeal can be made in criminal cases if the High Court
        1. has reversed an acquittal and sentenced a person to death, or
        2. has taken up a case from a subordinate court and sentenced an accused to death
        3. interestingly, if the High Court reverses a conviction and orders acquittal, no appeal to the Supreme Court can be made
  3. Advisory Jurisdiction
    1. Advisory Jurisdiction refers to the process where the President seeks the Court’s advice on legal matters
    2. If the President asks for advice from the Supreme Court, the Court is duty-bound to give it. However, it not binding on the President to accept the advice
POWERS AND FUNCTIONS OF THE SUPREME COURT
  1. Court of Record
    1. The Supreme Court is a court of record
    2. What this means is that its records are admitted to be of evidentiary value and cannot be questioned in any court
    3. As a court of record, it also enjoys the power to punish for contempt of court
  2. Judicial Review
    1. Judicial Review means that the Court can ensure that laws passed by the legislature and orders issued by the executive do not contravene the Constitution
    2. If these laws or orders go against the Constitution, the Court can declare them unconstitutional and hence invalid
    3. The Court also protects the Fundamental Rights of citizens through various types of writs
  3. Other powers
    1. The Supreme Court appoints its officers and servants in consultation with the UPSC and determines their conditions of service, in consultation with the President
    2. It can make rules regarding the practice and procedure of the court with the approval of the President
    3. It can appoint arbitrators to decide cases relating to costs incurred by state governments in carrying out directions of the Union government
    4. It adjudicates disputes relating to the election of the President and Vice-President
    5. It can recommend the removal of the Chairman and members of the UPSC to the President

HIGH COURTS IN INDIA

Overview
  • There are 21 High Courts in India
  • The Calcutta High Court, established in 1862, is the oldest High Court in India. The Bombay and Madras High Courts were also established in the same year
  • The newest High Courts are the Chattisgarh (Bilaspur), Uttaranchal (Nainital) and Jharkhand (Ranchi) High Courts, all established in the year 2000
  • The Bombay, Madras and Calcutta High Courts are the three Chartered High Courts in India
  • The Madras Law Journal, published from the Madras High Court, was the first journal in India dedicated to reporting judgements of a Court (1891)
Jurisdiction of High Courts
  • Each High Court has jurisdiction over a particular state(s) and/or Union Territory(ies)
  • High Courts have original and appellate jurisdiction. High Courts also have jurisdiction over writs
  • States are divided into judicial districts, presided over by a District Judge or a Sessions Judge, who is the highest judicial authority below the High Court
  • The presiding judge is called District Judge when he presides over a civil case, and called a Sessions Judge when presiding over a criminal case
  • The High Court is a court of record
  • Cases relating to admiralty, marriage and contempt of court are referred directly to the High Court
Judges and Benches
  • The Judges of a High Court are appointed by the President in consultation with the Chief Justice of India and the Governor of the state
  • The number of Judges in a High Court is decided based on the number of cases instituted and disposed
  • High Courts that handle a large number of cases from a particular region, may establish a permanent Bench there. Benches are present in states that come under the jurisdiction of Courts outside its territory
  • Circuit Benches are temporary courts that hold proceedings for a few months every year
Important High Courts and their Jurisdictions
High CourtLocationBenchJurisdiction
Allahabad High CourtAllahabadLucknowUttar Pradesh
Bombay High CourtBombayNagpur, Panaji, AurangabadMaharashtra, Goa, Daman & Diu, Dadra & Nagar Haveli
Calcutta High CourtCalcuttaPort Blair (Circuit Bench)West Bengal, Andaman & Nicobar
Delhi High CourtNew DelhiNCT Delhi
Guwahati High CourtGuwahatiKohina, Aizwal, Imphal
Circuit Benches at Agartala and Shillong
Assam, Arunachal Pradesh, Manipur, Meghalaya, Nagaland, Tripura, Mizoram
Jammu & Kashmir High CourtSrinagar (summer)
Jammu (winter)
Jammu & Kashmir
Karnataka High CourtBangaloreCircuit Benches at Hubli-Dharwad and Gulbarga
Kerala High CourtCochinKerala, Lakshadweep
Madhya Pradesh High CourtJabalpurGwalior, IndoreMadhya Pradesh
Madras High CourtMadrasMaduraiTamil Nadu, Pondicherry
Punjab and Haryana High CourtChandigarhPunjab, Haryana, Chandigarh
Rajasthan High CourtJodhpurJaipurRajasthan
Sikkim High CourtGangtokSikkim
17 December 2009 | Tags: , | No Comments »

Indian Polity #5 | Study Material :: General Studies | IAS Help

THE PARLIAMENT OF INDIA

Overview
  • The Parliament consists of the Rajya Sabha (Council of States), the Lok Sabha (House of the People) and the office of the President
  • Any Bill can become an Act only after being passed by both Houses of Parliament
  • The Parliament House was designed by British architects Sir Edwin Lutyens and Sir Herbert Baker in 1912-1913. It was opened in 1927 to house the Council of States, the Central Legislative Assembly and the Chamber of Princes
  • The minimum age for membership to the Rajya Sabha is 30 years, while for the Lok Sabha it is 25 years
  • It shares legislative powers with the Lok Sabha, except in the case of supply Bills (like Money Bills) where the Lok Sabha has overriding powers
  • In the case of conflicting legislation, a joint sitting of the two Houses is held. However, since the Lok Sabha has more than twice as many members as the Rajya Sabha, it holds de facto veto power in such legislations
  • The Parliament has its own TV broadcasting stations launched in 2004: Doordarshan Rajya Sabha and Doordarshan Lok Sabha (now known as Lok Sabha TV)
  • When the Constitution of India came into effect on 26 Jan 1950, the Constituent Assembly became the Provisional Parliament of India. It remained so until the first elections in 1951
  • The business of Parliament is transacted in either Hindi or English. However, the Presiding Officers of the two Houses may permit any member to address the House in his mother tongue
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
THE RAJYA SABHA (COUNCIL OF STATES)
About the Rajya Sabha
  • The Rajya Sabha is the Upper House of Parliament
  • The Vice-President is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman of the Rajya Sabha is elected from among members. He officiates in the absence of the Chairman
  • The first sitting of the Rajya Sabha was held in May 1952
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
Membership to the Rajya Sabha
  • The maximum permissible strength of the Rajya Sabha is 250. Of these 238 members are elected indirectly from the states and Union Territories, and 12 are nominated by the President for their expertise in art, literature, science and social services
  • Currently, the strength of the Rajya Sabha is 245. Of these 233 are members elected from states and UTs and 12 are nominated members
  • Members from state assemblies are elected using the Single Transferable Vote system
  • The provision for nominated members is found in Article 80 of the Constitution
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
Tenure of the Rajya Sabha
  • The Rajya Sabha is a continuous body and is not subject to dissolution
  • Members enjoy a tenure of six years
  • One-third of the members retire every two years
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
Functions of the Rajya Sabha
  • Acts as a non-partisan forum for full and free debates
  • Can originate any Bill, including constitutional amendment Bills, except Money Bills
  • Re-evaluates Bills originating in the Lok Sabha in a non-political manner
  • Relieves the work of the Lok Sabha in considering Private Bills (Bills that apply to specific individuals or organizations)
  • Along with the Lok Sabha, votes on the election of President and Vice-President
  • Along with the Lok Sabha, votes on the removal of judges of the Supreme Court and High Courts
  • Along with the Lok Sabha, votes for the continued proclamation of Emergency beyond a period of two months
  • Acts as the sole de facto and de jure Parliament if the Lok Sabha is dissolved during an Emergency
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
THE LOK SABHA (HOUSE OF THE PEOPLE)
About the Lok Sabha
  • The Lok Sabha is the lower House of Parliament
  • The current Lok Sabha is the 15th Lok Sabha to be constituted
  • The first hour of every sitting of the Lok Sabha is called Question Hour, during which questions posed by members may be assigned to specific ministries
  • Three sessions of the Lok Sabha are held every year:
    • Budget session: February to May
    • Monsoon session: July to September
    • Winter session: November to December
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
Membership to the Lok Sabha
  • The maximum permissible strength of the Lok Sabha is 552. Of these, 530 are to be chosen by direct election, 20 are to be representatives of Union Territories, and 2 to be nominated Anglo-Indians
  • Currently, the strength of the Lok Sabha is 545. Of these, 530 are chosen by direct election, 13 are from Union Territories, and 2 are nominated Anglo-Indians
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
Tenure of the Lok Sabha
  • The Lok Sabha has a tenure of five years, unless dissolved earlier
  • The tenure may be extended by a proclamation of Emergency. The Emergency may extend the term of the Lok Sabha in one year increments
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
Functions of the Lok Sabha
  • The Lok Sabha controls the functioning of the Executive, by making the Council of Ministers answerable to it
  • The sanctioning of expenditure is the exclusive priviledge of the Lok Sabha
  • Can originate any Bill, including Money Bills
  • Along with the Rajya Sabha, votes on the election of President and Vice-President
  • Along with the Rajya Sabha, votes on the removal of judges of the Supreme Court and High Courts
  • Along with the Rajya Sabha, votes for the continued proclamation of Emergency beyond a period of two months
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
SPEAKER OF THE LOK SABHA
Terms of service
  • As soon as a new Lok Sabha is constituted, the President appoints a Speaker Pro-Term, who is generally the senior-most member of the House. This office is dissolved when the Speaker is elected
  • The Speaker is elected on the first meeting of the Lok Sabha after a General Election
  • He is elected for a term of 5 years
  • The Speaker does not vacate office on the dissolution of the Lok Sabha. Instead, he continues in office until the next House meets
  • The Speaker vacates his office and ceases to be a member of the House when he resigns or is removed
  • He may be removed by a majority resolution in the Lok Sabha
  • The Constitution also provides for a Deputy Speaker, to be elected from among the Lok Sabha. He officiates in the absence of the Speaker
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
Functions of the Speaker
  • The Speaker is the presiding officer of the Lok Sabha. He is expected to be impartial
  • He maintains decorum and conducts the business of the House
  • He decides whether a Bill is a Money Bill or not
  • He permits the moving of various motions and resolutions such as motion of no confidence, motion of adjournment etc
  • He decides the agenda for discussion during the meeting of the House
  • The Speaker can cast a vote only in the case of a tie
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
Important Speakers of the Lok Sabha
  • GV Mavlankar was the first Speaker of the Lok Sabha (1952 – 1956)
  • MA Ayyangar was the first Deputy Speaker (1952 – 1956)
  • Dr. Balram Jhakar was the longest serving Speaker (1980 – 1989)
Keywords: India, ias, upsc, civil service, study material, general studies, Indian polity
FUNCTIONS OF PARLIAMENT
  • The Parliament legislates on subjects in the Union and Concurrent Lists. It can also legislate on subjects in the State List if
    • The Rajya Sabha passes a resolution saying it is in the national interest to do so and/or
    • The legislatures of two or more states recommend to Parliament to so legislate
  • The power to legislate on residuary subjects also vests with the Parliament
  • The Parliament (via the Lok Sabha) exercises control over Union finances
  • The Parliament (via the Lok Sabha) exercises control over the functioning of the Executive
  • The Parliament is responsible for legislating on amendments to the Constitution
  • The Parliament elects the Vice-President and can initiate impeachment proceedings against the President
  • It recommends the creation of All India Services, the removal of judges of the Supreme Court and High Courts
  • Parliamentary approval is essential for the continuance of a proclamation of Emergency made by the President
LEGISLATIVE PROCEDURES IN PARLIAMENT
  1. Ordinary Bills: Ordinary Bills can originate in either House of Parliament and have to pass through the following stages before being sent for assent by the President
    1. First Reading: a brief description of the Bill is read, and its aims and objectives announced. Opponents can also make a brief speech. After a vote, the Bill is published in the Gazette
    2. Second Reading: the general principles of the Bill are discussed, and the Bill is sent to the appropriate committee for its reference. No amendments are possible at this stage
    3. Committee Stage: the appropriate committee reviews the Bill and suggests amendments
    4. Report Stage: the committee submits its report to the House, where it is thoroughly discussed. Amendments may be proposed. Voting is held on a clause-by-clause basis
    5. Third Reading: general discussion of the Bill followed by formal voting for its acceptance or rejection. No amendments possible at this stage. After the Bill has been accepted, it is sent to the other House for a repeat procedure, and thereupon to the President for assent.
  2. Money Bills: Money Bills can originate only in the Lok Sabha on the recommendation of the President.
    Since they deal with public finances, their passage is crucial to the functioning of government
    1. After a Money Bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha for deliberations
    2. The Rajya Sabha is given 14 days to make recommendations
    3. If the Rajya Sabha fails to make recommendations within this period, the Bill is considered to have passed both Houses and is sent to the President for assent
    4. If the Rajya Sabha does make its recommendations, the Lok Sabha may or may not decide to accept those recommendations
    5. Regardless, the Bill is considered to have passed both Houses and is sent to the President
TYPES OF MONEY BILLS
  1. Annual Financial Statement:At the beginning of every financial year, the President causes to be laid before both Houses, a statement of estimated receipt and expenditure for the ensuing year. Expenditure is of two types:
    1. Expenditure charged on the Consolidated Fund of India, which is not subject to vote of Parliament, although it can be discussed by both Houses
    2. Expenditure charged outside the Consolidated Fund, which are submitted to the Lok Sabha in the form of grants, which may or may not approve them
  2. Appropriation Bill:after the grants are approved by the Lok Sabha, an Appropriation Bill is introduced. 
    1. Appropriations out of the Consolidated Fund of India can be made only after passage of the Appropriation Bill.

    2. This Bill is never opposed in the Lok Sabha.
    3. Since the grants have already been approved, the discussion is limited to administrative policy etc
    4. No amendments are possible at this stage
IMPORTANT PARLIAMENTARY PROCEEDINGS
  • Point of Order
    • A member may raise a Point of Order if proceedings do not follow normal rules
    • The Presiding Officer decides whether the Order may be allowed or not
  • Vote on Account
    • This procedure covers government expenditure between the presentation and the passage of the Budget
    • The Vote on Account allows the Lok Sabha to make a grant in advance for a part of the financial year
    • It is usually passed by the Lok Sabha without discussion
    • It is passed after the general discussion on the Budget is over and before the demand for grants in taken up
  • Guillotine
    • Certain demands for grants of various Ministries are taken up by the Lok Sabha without discussion. This is called guillotine
    • Usually done due to lack of time
    • To avoid this, Parliament in 1993 established 17 Parliamentary Committees to study these demand for grants
    • The Committees scrutinize the demand for grants and report to the House
    • The reports are not binding on the House
  • Quorum
    • It is the minimum number of members required to transact the business of the House
    • Article 100 of the Constitution specifies that the Quorum of either House shall be 10% of the strength of the House
  • Question Hour
    • The first hour of every sitting of Parliament is called Question Hour
    • Questions usually need a 10 day notice before being answered by the concerned Minister
    • Questions addressed to the Ministers are of three types:
      • Starred questions: to be answered orally on the floor of the House
      • Unstarred questions: are answered in writing. No supplementary questions may be asked
      • Short notice questions: questions on urgent public importance, do not need 10 day notice
  • Zero Hour
    • Does not formally exist in the Parliamentary procedure
    • The hour after Question Hour is popularly known as Zero Hour
    • Members raise matters which they feel is urgent
    • However, since the questions are raised without prior notice, it results in loss of time
TYPES OF MOTIONS
  1. Adjournment Motion:
    1. Motion to adjourn the proceedings of the House, so as to take up a matter of urgent public importance
    2. Can be moved by any member
    3. Requires support from at least 50 members
    4. Notice for the motion must be given before the commencement of the sitting for the day
  2. Calling Attention Motion
    1. A member may call the attention of a Minister to an urgent matter and the Minister may make a statement regarding it
  3. Priviledge Motion
    1. Motion moved by a member if he feels a Minister has committed a breach of priviledge
    2. Also moved against members for withholding or distorting facts
  4. Censure Motion
    1. A motion that censures the government for a specific charge
    2. Can be moved against a Minister or against the Council of Ministers
    3. Censure Motion is different from No Confidence Motion in that the former requires to cite a specific charge against the government whereas the latter does not
    4. If the Motion is passed in the Lok Sabha, the government is expected to resign
  5. No Confidence Motion
    1. A No Confidence Motion indicates lack of confidence of the Lok Sabha in the Council of Ministers
    2. Can be introduced in the Lok Sabha only
    3. If the Motion is passed, the government must resign
  6. Cut Motion
    1. A device through which members draw the attention of Government to a specific grievance
    2. It is used to seek reduction in the amount of a demand for grants presented by Government
    3. Approved by the Speaker at his discretion
    4. There are three types of Cut Motions
      1. Policy Cut: implies the mover disapproves of the policy underlying the demand. Asks for a reduction of Re. 1
      2. Economy Cut: seeks a specific amount of reduction
      3. Token Cut: used to ventilate a particular grievance against the government. The reduction amount is Rs 100
TERMINATION OF A SESSION OF PARLIAMENT
The sessions of Parliament are convened at the discretion of the President. However, there should not be a gap of more than 6 months between sessions.
  1. Prorogation
    1. Done by President on the advice of the Council of Ministers
    2. Brings the session of the House to an end
    3. Unlike England, Pending Bills and other business do not lapse, they are taken up when the House meets in the next session
  2. Adjournment
    1. Short recess within a session of Parliament
    2. Called by the Presiding Officer of the House
    3. Duration may be from a few minutes to a few days
  3. Adjournment Sine Die
    1. House is adjourned by the Presiding Officer without fixing a date for the next meeting
  4. Dissolution
    1. Dissolution ends the life of a House and a new House needs to be reconstituted
    2. Only the Lok Sabha can be dissolved, the Rajya Sabha is permanent
    3. Dissolution enacted by the President on the advice of the Prime Minister
    4. Any Bill pending in the Lok Sabha lapses
    5. Any Bill pending passed by the Lok Sabha and pending the Rajya Sabha also lapses, unless the President calls a Joint Sitting of the two Houses. However, Bills pending in the Rajya Sabha but not passed by the Lok Sabha do not lapse.







COUNCIL OF MINISTERS

Conditions of service
  • It is composed of all Union Ministers – the Prime Minister, Cabinet Ministers, Ministers of State and Deputy Ministers
  • The council is appointed by the President on the advice of the Prime Minister
  • A Minister must be a member of either House of Parliament, or be elected within 6 months of assuming office
Collective Responsibility
  • The Council of Ministers is collectively responsible to the Lok Sabha
  • A vote of no confidence even against a single Minister means the entire Council must resign
  • Each Minister is also responsible for his department and can be removed from office by the President on the advice of the Prime Minister
Functions of the Council of Ministers
  • Formulates policies of the country on the basis of which administration is carried out
  • Introduces all important Bills in Parliament and oversees their passage
  • Presents the Budget to the Parliament
  • Determines foreign policy
  • Approves international agreements and treaties
  • Render advice to the President regarding proclamation of war or emergency
CATEGORIES OF MINISTERS
  • Cabinet Minister
    • Senior minister in charge of a particular Ministry
    • May hold additional charges of other Ministries (if no other Cabinet Minister is appointed)
    • Cabinet Ministers must belong to either House of Parliament
    • Currently there are 33 Cabinet Ministers
  • Minister of State (Independent Charge)
    • In charge of a particular portfolio
    • Is not under the oversight of a Cabinet Minister
    • Currently there are 7 MoS with independent charge
  • Minister of State
    • A minister with a specific responsibility in a particular Ministry
    • Reports to the concerned Cabinet Minister
    • Currently there are 38 MoS

THE PRIME MINISTER OF INDIA

Overview
  • The Prime Minister is the head of government and the head of the Council of Ministers
  • The PM is responsible for the discharge of functions and powers of the President
  • The PM must be a member of either House of Parliament, or be elected within 6 months of taking office
ELECTION TO OFFICE
Appointment
  • The Prime Minister is appointed by the President on the basis of his being the leader of the majority party in the Lok Sabha
  • If no party gets an absolute majority in the Lok Sabha or a PM resigns or dies, the President can use his own discretion in the choice of a Prime Minister
  • If the person the President so appoints is not a member of the Lok Sabha, he must get himself elected within a period of 6 months
Conditions of service
  • The Prime Minister serves in office for 5 years
  • He can be re-appointed
  • When the Lok Sabha is dissolved, he can continue in office upon the request of the President
  • If the government is defeated in the Lok Sabha, the Prime Minister and entire cabinet must resign
  • However, if defeated in the Rajya Sabha, resignation is not obligatory
FUNCTIONS OF THE PRIME MINISTER
  1. Legislative functions
    1. He is the leader of the majority in the Lok Sabha
    2. The President convenes and prorogues sessions of Parliament in consultation with the PM
    3. Can recommend dissolution of the Lok Sabha to the President
    4. All members of the Cabinet are appointed by the President on the recommendation of the PM
  2. Administrative functions
    1. Acts as the chief channel of communication between the President and the Council of Ministers
    2. Allocates portfolios among various ministers and shuffles them
    3. Presides over meetings of the Council of Ministers
    4. Supervises the working of other Ministers
  3. Executive functions
    1. Represents the country internationally
    2. Acts as the ex-officio Chairman of the Planning Commission
    3. Has exclusive jurisdiction over the disposal of the PM’s National Relief Fund and the PM’s National Defence Fund
  4. Advisory functions
    1. Assists the President in the appointment of all high officials
    2. Recommends to the President proclamation of emergency
    3. Advices the President on the imposition of President’s Rule
LIST OF PRIME MINISTERS OF INDIA 
No.
Prime Minister
Date
Notes
1
Jawaharlal Nehru
1947 – 1964
First Prime Minister
First to die in office
Longest tenure
2
Guzari Lal Nanda
May 1964 – Jun 1964
First and only “acting” PM
3
Lal Bahadur Shastri
Jun 1964 – Jan 1966
First PM to die abroad during official tour
4
Guzari Lal Nanda
Jan 1966 – Jan 1966
5
Indira Gandhi
Jan 1966 – Mar 1967
First woman PM
First PM to lose an election
6
Moraji Desai
Mar 1977 – Jul 1979
Oldest to become PM (81 years)
First to resign from office
7
Charan Singh
Jul 1979 – Jan 1980
Only PM that did not face Parliament
8
Indira Gandhi
Jan 1980 – Oct 1984
First PM to be assassinated
9
Rajiv Gandhi
Oct 1984 – Dec 1989
Youngest to become PM (40 years)
10
VP Singh
Dec 1989 – Nov 1990
First PM to resign after vote of no confidence
11
Chandra Shekar
Nov 1990 – Jun 1991
12
Narasimha Rao
Jun 1991 – May 1996
13
AB Vajpayee
May 1996 – Jun 1996
Shortest tenure (13 days)
14
Deve Gowda
Jun 1996 – Apr 1997
15
IK Gujral
Apr 1997 – Mar 1998
16
AB Vajpayee
Mar 1998 – May 2004
17
Manmohan Singh
May 2004 – Present
THE DEPUTY PRIME MINISTER
  • It is not a constitutional post
  • Does not carry any specific powers
  • Can chair meetings of the Cabinet in the absence of the PM, and take on the responsibility of the PM in case of the latter’s death
  • India has had 7 Deputy Prime Ministers
  • Sardar Vallabhai Patel was the first Deputy PM. He was also the Home Minister concurrently
  • The current government does not have a Deputy PM
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