...(Continuing from Page 58/Original Page 18)
> Even if the Rajya Sabha rejects or amends the money bills sent by the Lok Sabha, those bills go back to the Lok Sabha for consideration. Whether with or without amendments, if the Lok Sabha passes the money bill for the 2nd time, it can be sent to the President for assent without needing the Rajya Sabha's involvement.
> The President does not have veto powers on money bills.
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### Page 59 (Marked as "Page 19" in original)
The Lok Sabha has supreme authority in matters of Money Bills.
III. In the Matter of Ordinary Bills:
Ordinary Bills can be introduced in either House.
If the Rajya Sabha rejects, amends, or takes no action within 6 months on Ordinary Bills passed and sent by the Lok Sabha, it is considered that differences of opinion have arisen between the two Houses.
When differences of opinion arise between the two Houses on Ordinary Bills, the President convenes a Joint Sitting under Article 108.
The future of the bill is determined based on the voting in the Joint Sitting.
* Because the number of Lok Sabha members is larger, the Lok Sabha's view generally prevails.
* Whether the bill passes or is defeated in the voting in the Joint Sitting of both Houses, the government does not need to resign.
Joint Sittings Held in India So Far:*
=> 1) In 1961, because the Lok Sabha approved the Dowry Prohibition Bill and the Rajya Sabha delayed it...
=> 2) In 1978, because the Lok Sabha approved the Banking Service Regulations Bill and the Rajya Sabha rejected it...
=> 3) In 2002, because the loksabha approved POTA bill and Rajyasabha disapproved it.
In all three instances, the Lok Sabha's view prevailed.
Prominent person who voted in favor of the bills in all 3 instances: Atal Bihari Vajpayee
IV. To revoke the National Emergency in India, the Lok Sabha was given a special power by the 44th Constitutional Amendment.
* If 1/10th of the members of the Lok Sabha, desiring the revocation of the Emergency, [give] a resolution notice 14 days in advance to the Lok Sabha Speaker or the President.
* After 14 days, the Lok Sabha discusses this matter, and if the resolution is passed by a simple majority (on this matter), the Emergency is revoked.
(203)
Downloaded at: www.ourstudycircle.in
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Equal Powers between Rajya Sabha and Lok Sabha:
Constitutional Amendment:
Both Houses have equal powers in amending the Indian Constitution. This means the Constitution can be amended only with the approval of both Houses.
If differences of opinion arise between the two Houses, that Bill is rejected. That is, there is no provision for a Joint Sitting.
For example: The 64th Amendment Bill, intended to give constitutional status to the Panchayati Raj system, was rejected during Rajiv Gandhi's government (1989).
Emergency Powers:
Both Houses must approve the emergency situations imposed by the President through Articles 352, 356, and 360; otherwise, the emergency is revoked.
Example: The emergency imposed in Bihar in 1999 was approved only by the Lok Sabha, and the Rajya Sabha rejected it.
Judicial Powers:
The Rajya Sabha and the Lok Sabha have equal powers when it comes to addressing accusations and removing the President, Vice President, Judges of the Supreme Court and High Courts, the Comptroller and Auditor General (CAG), and the Chief Election Commissioner (CEC).
Both houses have equal powers.
Electoral powers.
Both have equal powers in the election of President and Vice-President.
General Powers:
When there's only a slight difference between the strengths of the ruling party and the opposition in the Lok Sabha, the Rajya Sabha plays a decisive role. This means the balance of power within the Rajya Sabha becomes crucial.
Parliamentary rights, Salaries, and Allowances Members of both houses enjoy equal rights and compensation.
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Regarding the Union Council of Ministers: Members of both houses of Parliament have equal opportunities.
According to Article 88 of the Constitution: Members of the Union Council of Ministers, whether belonging to the Lok Sabha or Rajya Sabha, can participate in the meetings of both houses. They can participate in discussions, but when voting, members of each house must vote only in their respective house.
Powers of Parliament:
To make laws on the Union List, Concurrent List, and Residuary Matters.
To make laws necessary for the administration of the country.
To amend defects in old laws and incorporate new elements.
In the following cases, it can also make laws on matters in the State List:
(a) Article 249: When the Rajya Sabha passes a resolution.
(b) Article 250: When a National Emergency is declared.
(c) Article 252: Based on the request of States.
(d) Article 356: When President's Rule is imposed.
Keeps the Central Government in check.
Through questions, supplementary questions, no-confidence motions, cut motions, etc., it maintains control over the government.
Since foreign affairs are in the Union List, Parliament makes laws related to them.
Article 265: Taxes in the country should be levied only through laws passed by Parliament.
The Parliament also approves Budget & Finance parts.
It acts as a "Semi-Judiciary" to investigate allegations against the President, Vice-President, Judges of the Supreme Court and High Courts, CAG, CEC, etc.
Article 368: Parliament has the power to amend the Indian Constitution.
Parliament elects the President, Vice-President, Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of Lok Sabha.
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The Parliament decides the salaries and allowances of the President, Supreme Court and High Court judges, Lok Sabha Speaker, Rajya Sabha Chairman, Governors, and Members of Parliament.
Based on the recommendations of the De-limitation Commission, it determines the reorganization of constituencies for Lok Sabha and State Legislative Assemblies, and reservations for constituencies.
[1950-51] Amends the Representation of the People Acts of 1950 and 1951.
Establishes organizations like the Central BC Commission, Human Rights Commission, Minority Commission, Women's Commission, and CVC.
The gap between one session of Parliament and the next should not exceed 6 months.
Lok Sabha members submit their resignations to the Speaker, and Rajya Sabha members submit theirs to the Chairman.
Unlike in America, the Rajya Sabha in our country does not provide equal representation to all states.
Situations where bills lapse and do not lapse:
If a bill is introduced and discussed in the Lok Sabha and the Lok Sabha is dissolved, the bill also lapses.
If a bill is passed by the Lok Sabha and sent to the Rajya Sabha, and the Lok Sabha is dissolved while the bill is under consideration in the Rajya Sabha, the bill also lapses.
If a bill is passed by the Rajya Sabha and is under consideration in the Lok Sabha, and the Lok Sabha is dissolved, the bill also lapses.
If the Loksabha is dissolved when both the houses have aproved a bill, and that bill is under review by the president, it does not lapse.
If the Lok sabha is dissolved when there is a joint meeting call becasue of disagreement on a bill, it does not lapse.
If a bill is introduced in the Rajya Sabha and is under its consideration, and the Lok Sabha is dissolved, the bill does not lapse.
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Legislative Procedure:
Bills introduced in Parliament have to go through '7' stages to become law.
Our country adopted the legislative procedure from Britain.
The Minister introducing the bill first sends the bill to the relevant departmental committee for scrutiny.
After receiving advice and suggestions from the Law Ministry, it obtains the approval of the Union Cabinet.
The Presiding Officer of the House where the bill is to be introduced is given 10 days' prior notice, and their permission is sought.
On the date fixed by the Presiding Officer, the Minister introduces the bill in the House.
Introduction Stage:
With the permission of the Presiding Officer, the title of the bill is announced, and the permission of the House is sought to introduce the bill.
If voting is held at this stage and a majority of members vote against the bill, rejecting its introduction, only the bill lapses.
The government does not need to resign.
First Reading:
The Minister explains the main objectives, aims, and benefits of the proposed law.
Second Reading:
The main features and key aspects of the bill are briefly explained.
A discussion is held on whether the bill should be discussed by the entire House or referred to a committee.
Committee Stage
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Committee Stage:
In modern times, committees play a crucial role in the drafting of laws by Parliament.
The committee seeks advice from experts in relevant fields, constitutional and legal experts, and public opinion.
Report Stage:
Based on the opinions of various sections of the people, amendments, necessary suggestions, and advice from experts are incorporated into the bill, and a report is prepared. Presenting this report to the House is called the 'Report Stage'.
Third Reading:
To give the final shape to the bill submitted by the Parliamentary Committee, a discussion is held on the contents of the bill, and voting may be held on each clause or the entire bill, seeking the opinion of the members.
If the bill fails in the voting during the third reading in the Lok Sabha, the government has to resign.
Presidential Assent:
After completing the above stages in the second house [the entire process], it is sent to the President for assent. With their approval, the bill becomes law.
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Parliamentary Terminology:
Question Hour.
The speaker of the Loksabha will decide if questions have star mark or not.
Question Hour:
The first hour of the sittings of Parliament or the Legislative Assembly is observed as 'Question Hour'.
Notice must be given to the Presiding Officer 10 days in advance.
Questions are mainly of two types:
Starred Questions
Unstarred Questions
Starred Questions:
Ministers have to answer these questions orally.
Supplementary questions are allowed.
Unstarred Questions:
Ministers answer these questions in writing.
Supplementary questions are not allowed.
Zero Hour:
The time after Question Hour and before the agenda items is called 'Zero Hour'.
It is considered an important tradition created by the Indian Parliament.
Although introduced in 1962, 'Zero Hour' has been a key tradition since 1964.
There is no fixed time for 'Zero Hour'.
Questions can be asked without prior notice.
Generally, it is observed from 12 noon to 1 pm, but recently, parliamentary sessions have been starting earlier. Therefore, it is observed according to the discretion of the Presiding Officer. The Presiding Officer may cancel it on any given day.
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Adjournment Motion:
This motion is introduced to draw the attention of the House to a matter of public importance.
Whether to allow it or not depends on the discretion of the Presiding Officer.
Adjournment motion is given priority after Zero Hour and before the agenda.
Agenda:
The list of items scheduled to be discussed in the House beforehand is the "Agenda."
Motion for Postponement:
It is a motion introduced to postpone the agenda items to discuss a matter of public importance or urgency.
At least 50 members must sign the notice for the motion for postponement.
Whether to allow it or not depends on the discretion of the Presiding Officer.
Point of Order:
When the proceedings of the House deviate from the rules and regulations, or when the discussion goes off track, members can raise a "Point of Order."
At least two members must support it.
Whether to allow it or not depends on the discretion of the Presiding Officer.
Half-an-Hour Discussion:
At the end of the parliamentary session, the last half hour is allotted for "Half-an-Hour Discussion."
It is used to discuss matters that did not receive sufficient attention during Question Hour.
Notice must be given 3 days in advance for the matter to be discussed in the half-hour discussion, which is allowed only on Mondays, Wednesdays, and Fridays.
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Adjourn (Temporary Postponement):
Temporarily postponing the sittings of Parliament or the Legislative Assembly is called "Adjourn."
Presiding Officers adjourn the House temporarily.
When the Presiding Officer adjourns the House, they announce the date and time of the next meeting in advance.
Sine Die (Indefinite Postponement):
Postponing the ongoing sittings indefinitely without announcing the next date or time is called "Sine Die."
Speakers of the Lok Sabha or Legislative Assembly declare "Sine Die."
Prorogue (Long-term Postponement):
After the sittings of Parliament or the Legislative Assembly end, the President prorogues Parliament, and the Governor prorogues the Legislative Assembly for a long period. This is called "Prorogue."
Filibustering:
This method is mainly used in America.
It is a deliberate attempt to delay or prevent the passage of a bill by wasting time through long speeches at the end of the legislative session.
Guillotine:
At the end of the Parliament or Legislative Assembly session, when there is not enough time for a thorough discussion on various bills, passing them without any discussion is called "Guillotine."
Closure Motion:
Stopping the discussion on a matter in Parliament and putting the bill to a vote to seek the opinion of the members is called "Closure Motion."
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Censure Motion:
This motion is introduced against a minister, a group of ministers, or the entire government.
It is introduced by the opposition when there are violations of parliamentary privileges, false information is given to the House, or irregularities occur in the departments of the ministers.
A reason must be given for introducing this motion.
If this motion is passed, the government or the ministers do not necessarily have to resign; it depends on their ethics.
No-Confidence Motion:
It is a motion introduced by the opposition against a government.
It cannot be introduced against a single minister or a group of ministers. It must be introduced against the entire government.
Specific reasons are not required.
It must be introduced only in the Lok Sabha. At least 50 members must sign the motion notice.
If the motion is passed, the government must resign.
The minimum gap between two no-confidence motions is 6 months.
There is no mention of it in the Constitution. It is only a parliamentary tradition.
The first Prime Minister to face a no-confidence motion: Nehru (1961)
The Prime Minister who faced the most no-confidence motions: P.V. Narasimha Rao (3 times)
The Prime Minister who lost power through this motion: Atal Bihari Vajpayee
Motion of Confidence:
Article 75(3) - "Motion of Confidence."
The government remains in power only as long as it enjoys the confidence (majority) of the Lok Sabha.
When no party achieves a clear majority in the Lok Sabha, the Prime Minister appointed by the President and the Council of Ministers must win a vote of confidence within a specified period.
If this motion fails, the government must resign.
The first Prime Minister to introduce this motion: Charan Singh
The first Prime Minister to lose power after failing this motion: V.P. Singh
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Hung Parliament:
When no political party achieves a clear majority in the general elections to Parliament, the situation is called a "Hung Parliament" or a "Tricuspid Assembly."
If this situation arises in the Legislative Assembly elections, it is called a "Hung Assembly."
Hung Parliaments in India so far:
1989
1991
1996
1998
1999
2004
2009
Horse Trading:
When no party achieves a clear majority in the elections to Parliament or the Legislative Assembly, the negotiations and bargaining that take place to achieve the required majority to form the government are called "Horse Trading."
Whip:
An order issued by a political party to its members in Parliament or the Legislative Assembly directing them how to behave is called a "Whip."
The application of the Anti-Defection Law of 1985 is the essence of the 'Whip'.
If the 'Whip' is defied, the Presiding Officers can disqualify their membership.
A complaint must be made to the Presiding Officer within 15 days of a member defying the 'Whip'.
The Speaker of the Lok Sabha, the Chairman of the Rajya Sabha when presiding over the House, the Deputy Speaker of the Lok Sabha, and the Presiding Officers of the State Legislative Assemblies are exempted from the 'Whip'.
Ordinance:
When Parliament is not in session at the center, the President, and when the Legislative Assemblies are not in session in the states, the Governors (Article 213) issue ordinances.
Ordinances have the same value as ordinary laws.
They must be approved within 6 weeks of the reassembly of Parliament or the Legislative Assembly. Otherwise, they lapse.
The maximum gap between two sessions is 6 months.
The maximum life of an ordinance can be said to be 7 and a half months.
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Lame Duck Session:
The last session of the old House before the new session begins after the elections to Parliament or the Legislative Assembly is called the "Lame Duck Session."
Public bill.
Only a goverment party member can introduce a public bill.
Public Bill (Government Bill):
A bill that is brought by the members of the government.
If these bills are passed in the Lok Sabha at the center and in the Legislative Assembly in the state, there will be no problems for the governments. If they fail, the government must resign.
Private Bills (Non-Government Bills):
Private members [members of the opposition] introduce these bills.
If these bills are passed in the Lok Sabha, the government must resign.
Ordinary Bills:
They can be introduced in either house.
Ordinary Bills
Can be introduced in either house.
President's permission is not required to introduce them.
Speaker's certification is not required.
Fixed time limit: 6 months (for the second house to pass it after the first house has passed it)
The President can veto these bills.
If there are differences of opinion between the two houses, the President can convene a joint session.
Both houses have equal powers.
Financial Bills
Must be introduced only in the Lok Sabha.
President's permission is mandatory.
Speaker's certification is mandatory.
The Rajya Sabha cannot keep the bills for more than 14 days.
The President has no veto power over these.
There is no provision for a joint session.
The Loksabha has more power on this bills.
Referendum:
It is one of the methods of direct democracy.
Seeking the opinion of the people on a matter of public importance is called "Referendum."
Napoleon was the first to conduct a 'Referendum' in the world, and currently, Switzerland is using it extensively.
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Plebiscite:
Seeking the decision of the people when making amendments to government laws or the Constitution is called "Plebiscite."
Initiative:
When the people submit a petition to the government seeking to know public opinion on a specific issue or law, it is called "Initiative."
Recall:
When elected representatives are incompetent or fail to perform their duties properly, they can be called back before the end of their term. New representatives are elected in their place.
Spoil System:
When a new government comes to power, it replaces officials appointed by the previous government in key positions with those who are favorable to them. This is called the "Spoil System." It is also called the "Winner-Take-All System."
Viva Voce:
The interview method used to assess the personality of candidates during the selection process for government jobs is called "Viva Voce."
Coalition Government:
When two or more parties come together to form a government, it is called a "Coalition Government."
The first coalition government at the center was formed in 1977 under the leadership of Morarji Desai.
The state that pioneered coalition governments in our country: Kerala
[Congress Party] The first coalition government led by the Congress party at the center was formed in 2004 under the leadership of Manmohan Singh.
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National Government:
During the 1991 Lok Sabha elections, after the assassination of Rajiv Gandhi, the then President R. Venkataraman proposed this.
He suggested that all political parties in the country should set aside their political differences and form a government with all parties for the sake of national interest.
Gallup Poll:
Dr. Gallup of America introduced this method.
An election survey conducted before the general elections is called a "Gallup Poll."
By examining which issues are important in the elections and interviewing people about their views on those issues, election results are predicted in advance. This is called a "Gallup Poll."
Snap Poll:
Dissolving the Legislative Assembly or Parliament before the scheduled term and holding early elections is called a "Snap Poll."
Gerrymandering: - Reorganization of constituencies for Parliament or Legislative Assemblies (geographically)
Exit Poll: - An early estimate of election results based on the opinions of voters who have cast their votes and election trends.
Financial Bills
Article 117 talks about the finance bill.
There are 2 types.
Type 1 is direct related to money.
Type 2 is indirect related to money.
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Money Bills (Article 110):
All bills aimed at raising revenue for the government through taxes, loans, sales, and other means are Money Bills.
That is, the income generated through various means is deposited into the Consolidated Fund of India.
The expenses incurred by the government for salaries, loan repayments, interest payments, development, and general administration are all charged to the Consolidated Fund of India.
All bills related to matters that directly generate revenue for the government and those related to government expenditure, i.e., bills intended for taxation, are Money Bills. These must be introduced only in the Lok Sabha.
Vote On Account (Article 116):
This budget is also called an "Interim or Temporary Budget."
It is introduced during election time or when the country is facing emergency situations.
It is a temporary budget approved by Parliament for the normal expenses of the government without a full discussion.
It is called a "Vote On Account Budget."
Its duration: 60 days
It is later merged into the full budget.
Vote On Credit:
It is like a blank check given by Parliament in advance to allow the government to meet unforeseen expenses.
Vote on Credit is like an advance permission given by Parliament to the government to borrow from the Reserve Bank.
Appropriation Bill:
After Parliament allocates the budget to various departments, the bill that authorizes the withdrawal of the allocated amount from the Consolidated Fund of India is called the "Appropriation Bill." This bill cannot be put to a vote. There can be no cuts in it.
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14. Cut Motion:
The ruling party proposes budget allocations based on their policies and priorities.
Opposition parties introduce "Cut Motions" to propose reductions in government allocations and to criticize the government's priorities.
If cut motions are passed in the Lok Sabha, the government must resign.
There are three types of cut motions:
(a) Policy Cut: Aims to reduce the allocation for a department to just one rupee (a symbolic disapproval of the policy). It is a motion to disapprove the policy of the government, and demands that the entire budget for that department be reduced to Re. 1.
(b) Economy Cut: Proposes a specific reduction in the allocated amount. It is also known as "specific reduction motion." The intent is that a specific, predetermined amount of spending that the government is requesting be reduced.
(c) Token Cut: Proposes a nominal reduction of 100 rupees. Demands to show general disapproval of the policy, stating a specific grievance. The motion demands that the budget requested by the government be cut by a token amount of Rs. 100.
15. Lobbying:
When a specific issue is being discussed in Parliament or the Legislative Assembly, attempting to influence members of the house in the lobbies (corridors) to make decisions in their favor is called "Lobbying." It's the act of influencing legislators to favor a particular cause or viewpoint.
16. Manifesto:
A party's or government's pre-election promises and the programs they intend to implement after the elections are presented in a planned format. This is called a "Manifesto." It's a public declaration of policies or intentions.
17. Pressure Groups:
Groups that put pressure on the government to shape policies in their favor and achieve their objectives, such as labor unions, employee associations, and industrial groups, are called "Pressure Groups." These groups attempt to influence public policy in a specific direction.
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Sephology:
The scientific study of elections, voter behavior, election results, election trends, and factors influencing elections is called "Sephology." It is a branch of political science that deals with the study and analysis of elections and voting.
Floor Crossing:
When members of opposition parties join the ruling party, it is called "Floor Crossing." It's the act of a legislator changing their party affiliation, typically from the opposition to the ruling party.
Carpet Crossing:
When a member of ruling party joins to a opposition party.
Carpet Bagger:
Is a derogatory term used to describe an outsider (non-resident) who seeks election in area.
Unattached:
When political parties expel a member from their party in Parliament or the Legislative Assembly, the Presiding Officers declare them "Unattached" members and allocate them seats. These are members of parliament who either do not belong to any political party or have been expelled from their party.
Pages 16-19: Indian Parliaments (Lok Sabha) - Detailed History
These pages provide a history of each Lok Sabha (the Lower House of the Indian Parliament) from the 1st to the 15th, with details on election outcomes, significant events, and notable figures.
1st Lok Sabha (1952-57):
The longest election period in Indian history (approximately 100 days).
22 women members were elected.
Putchalapalli Sundarayya was the leader of the main opposition party (Communist Party of India).
Total members: 489.
2nd Lok Sabha (1957-62):
The Congress party won a second consecutive landslide victory.
There was no officially recognized opposition.
Jawaharlal Nehru continued as the parliamentary party leader.
3rd Lok Sabha (1962-67):
Congress maintained a strong majority.
There was still no officially recognized opposition.
Jawaharlal Nehru was the parliamentary leader initially. After his death in 1964, Lal Bahadur Shastri became the leader, followed by Indira Gandhi after Shastri's death in 1966.
4th Lok Sabha (1967-71):
Congress won with a significantly reduced majority.
The Congress party split in 1969.
Indira Gandhi continued to lead a minority government.
The government faced three no-confidence motions.
5th Lok Sabha (1971-77):
The first mid-term elections were held in 1971.
It had the longest tenure (5 years and 10 months) due to the Emergency.
The Allahabad High Court annulled Indira Gandhi's election victory.
A record number of Constitutional Amendments (19) were passed, including the controversial 24th to 42nd Amendments.
6th Lok Sabha (1977-80):
The lowest number of women MPs (19) were elected.
The first non-Congress government was formed (Janata Party).
It was the first time a coalition government came to power.
The Congress party, for the first time, sat in the opposition.
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7th Lok Sabha (1980-84):
Second mid-term elections were held.
Indira Gandhi returned to power with a strong mandate ("Government that Works").
Y.B. Chavan (Congress-U) was the main opposition leader.
8th Lok Sabha (1984-89):
Elections were held after the assassination of Indira Gandhi.
The Congress party won a record 401 seats (a landslide victory).
For the first time, a regional party (Telugu Desam Party) became the main opposition in the Lok Sabha.
Parvataneni Upendra (TDP) was the main opposition leader.
101 MPs resigned in protest against the Bofors and Fairfax scandals.
9th Lok Sabha (1989-91):
India's first hung parliament.
Coalition and front governments were formed.
V.P. Singh led the National Front government with outside support from the BJP and Left parties.
Chandrashekhar formed a government with Congress support, but it fell, leading to mid-term elections.
10th Lok Sabha (1991-96):
Third mid-term elections.
Rajiv Gandhi was assassinated during the election campaign.
P.V. Narasimha Rao led a minority Congress government for the full term.
The government faced a record eight no-confidence motions.
Atal Bihari Vajpayee was the main opposition leader.
11th Lok Sabha (1996-98):
The BJP emerged as the single largest party, but Atal Bihari Vajpayee's government lasted only 13 days.
The United Democratic Front (UDF) formed governments, first under H.D. Deve Gowda and then under I.K. Gujral, with Congress support.
Vajpayee became the main opposition leader.
12th Lok Sabha (1998-99):
The shortest Lok Sabha tenure (13 months).
Sonia Gandhi became the main opposition leader.
Fourth mid-term elections.
Vajpayee's government lost a no-confidence motion by one vote.
13th Lok Sabha (1999-2004):
Fifth mid-term elections.
The National Democratic Alliance (NDA) government, led by Atal Bihari Vajpayee, was formed with the support of 24 parties.
Sonia Gandhi continued as the main opposition leader.
The Parliament was attacked by terrorists in 2001.
14th Lok Sabha (2004-09):
First loksabha under the leadership of congress.
L.K Advani is the leader of the opposition.
15th Lok Sabha (2009-2014):
* The highest number of women MPs ever elected (59)
* The first time women speaker was elected.
* The opposition leader is women.
16th Loksabha (2014-2019):
BJP got clear majority.
No recognized opposition party.
17th Lok Sabha (2019-Present):
Still going.
BJP got clear majority.
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Page 20: Parliamentary Committees
In the modern era, parliamentary committees play a crucial role in law-making.
The increasing volume of legislation, the limited time available for detailed scrutiny in the full House, and the growing technical complexity of laws have led to the increased importance of committees.
Woodrow Wilson stated that legislative committees have become "mini-legislatures" in modern times.
Maurice Jones said, "The efficiency and value of laws depend on the functioning of parliamentary committees."
Britain is considered the "birthplace" of parliamentary committees.
Thomas Reed described parliamentary committees as the "eyes, ears, hands, and sometimes even the brain" of the legislature.
Hiren Mukherjee argued that prioritizing parliamentary committees over ceremonial parliamentary sessions would enhance the efficiency and value of laws.
The Public Accounts Committee (PAC), established in India in 1921, is considered the oldest parliamentary committee.
Key Features of Parliamentary Committees:
The term of office for committee members is one year.
Ministers cannot be members of parliamentary committees.
In Joint Parliamentary Committees (JPCs), the ratio of members from the Lok Sabha and Rajya Sabha is 2:1.
The Speaker of the Lok Sabha appoints the Chairpersons of Joint Parliamentary Committees.
If the Speaker or Deputy Speaker is a member of any committee, they automatically become its Chairperson.
The quorum (minimum number of members required for a meeting) for committee meetings is one-tenth of the total membership.
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### Page 78 (This and subsequent pages seem to be a continuation, but without page numbers in the original)
These committees are only advisory.
The decision of the majority members is the committee's decision. If the strength of the members in the committee is equal, the Chairman uses his casting vote.
With the Speaker's permission, these committees can meet anywhere in the country.
These committees are of two types.
(a) Standing Committees (Permanent Committees):
The term of office of the members in the committee is 1 year.
They work permanently.
(b) Ad Hoc Committees (Temporary):
These committees are formed for a specific purpose.
The committee is dissolved after completing its task.
The membership of the members is also dissolved along with the committee.
In 1989, following the recommendations of the Parliamentary Select Committee, 17 department-related standing committees were formed in 1993. In 2004, these were increased to 24.
Out of the total 24 committees, the chairpersons of 16 committees are appointed by the Lok Sabha Speaker. The rest are appointed by the Rajya Sabha Chairman.
Public Accounts Committee [PAC] - [1921]
The oldest parliamentary committee in our country.
The total number of members is 22.
Lok Sabha representation - 15
Rajya Sabha representation - 7
Members are elected from both houses by the proportional representation method.
The committee chairman is appointed by the Lok Sabha Speaker.
The committee submits its report to the parliament.
*Since 1967, it's customary to appoint the opposition party members as chairpersons of the committee.
The CAG report acts as a "friend, philosopher, and guide" to this committee.
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If any irregularities are found after examining the CAG report, the PAC recommends action against the guilty.
The government takes action based on the PAC report.
It is considered one of the most important financial committees.
Estimates Committee (Continuous Economy Committee) - [1950]
This committee was formed in 1950.
This committee was formed on the suggestion of John Mathai.
The total number of members in the committee - 30.
All members are elected from the Lok Sabha by the proportional representation method.
*The lok sabha Dy. Speaker act as a chairman.
The committee makes recommendations regarding the methods of observing economy in the allocations made by the government to various departments.
The Estimates Committee points out the shortcomings in government allocations and provides necessary suggestions.
*One of the major financial committee made from parliament.
Committee on Public Undertakings:
Lanka Sundaram, a member of Parliament, questioned about public sector undertakings. Following this, the government formed the Krishna Menon Committee.
Following the recommendations of the Krishna Menon Committee, the Committee on Public Undertakings was formed in 1964.
To make suggestions for the efficient functioning of public sector undertakings like BHEL, BALCO, IOC, and corporations like LIC, and to monitor their performance.
In 1964, the number of committee members was - 15.
In 1974, this number was increased to 22.
(a) Lok Sabha - 15
(b) Rajya Sabha - 7
The major financial committe members were from both the houses.
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Members are elected by the proportional representation method.
The committee chairman is appointed by the Lok Sabha Speaker.
It submits its report to the Lok Sabha Speaker.
Committee on Rules of Procedure:
These committees are formed separately in the Lok Sabha and Rajya Sabha.
The total number of members in the Lok Sabha Committee on Rules of Procedure is - 15.
The Lok Sabha Speaker is its chairman.
Leaders of all parties in this committee are selected as members.
Makes suggestions and recommendations needed to conduct parliamentary proceedings according to rules and regulations, and takes necessary actions for that.
The members of the Committee on Rules of Procedure in the Rajya Sabha are 13.
The Rajya Sabha Chairman is its chairman.
Committee on Private Members' Bills and Resolutions:
Number of members - 15.
Lok Sabha Dy. Speaker is the chairman.
The main function of this committee is to examine the issues related to private bills to be introduced in Parliament and make appropriate decisions.
SC, ST Committee - [1968]
Total number of members - 30.
Lok Sabha - 20
Rajya Sabha - 10
The Lok Sabha Speaker appoints the chairman for this.
This committee submits its report to the Lok Sabha Speaker.
Monitors the implementation of the opportunities provided to SCs and STs by the Constitution and laws and prepares its report.
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Committee on the Empowerment of Women (1998):
Total number of members - 30
Lok Sabha - 20
Rajya Sabha - 10
The committee chairman is appointed by the Lok Sabha Speaker.
The report is submitted to the Lok Sabha Speaker.
Monitors the implementation of special opportunities provided to women constitutionally and legally, and makes suggestions and recommendations necessary for the passage of the 'Women's Reservation Bill'.
Committee on Salaries and Allowances:
Number of members - 15
Lok Sabha - 10
Rajya Sabha - 5
The Minister of Parliamentary Affairs attends these committee meetings as an ex officio member.
This committee makes recommendations on the salaries and allowances of Members of Parliament.
General Purposes Committee:
Number of Members-15
*Speaker will be chairman.
*This committee provides suggestions about faclities for members during parliament sessions.
Library Committee:
The smallest of the committees.
Total number of members: - 6.
A committee that provides equal representation to both houses.
Makes suggestions on matters related to Parliament, library, and facilities.
Currently, there are up to 45 committees formed and functioning from the Indian Parliament.
In 2004, as per the Parliamentary Committees Formation Act amendment, it was decided that the maximum number of members in a committee should not exceed 31.
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Supreme Court
The highest court in India.
Article 124 - Establishment and Constitution.
Structure of S.C, the way it's functioning was taken from America.
Following the Regulating Act, the first S.C in our country was established in Calcutta in 1774.
In 1935, the Government of India Act transformed the S.C into the Federal Court.
After the Constitution came into force, the Federal Court was renamed the S.C.
Reasons for the S.C functioning as the highest court with independent status in our country:
(a) India following a federal system
(b) Acting as protectors of fundamental rights
(c) Upholding the supremacy of the Constitution
(d) Interpreting the Indian Constitution
(e) Providing an explanation of the Constitution
Structure:
S.C judges are appointed by the President.
The number of judges is decided by Parliament.
By making changes in the number of judges, the current number has reached 25+1.
1950 => 7+1
1956 => 10+1
1960 => 13+1
1978 => 18+1
1985 => 25+1
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A bill to increase the number of S.C judges to 30+1 is currently pending in Parliament.
Appointment of Judges:
The President considers the following qualifications when appointing S.C judges:
Must be a citizen of India.
Must have served as a judge in a High Court for at least 5 years.
Must have at least 10 years of experience as an advocate, not less than the High Court level.
Must be a good legal expert in the President's view.
There is no minimum age limit for the appointment of judges.
The retirement age of judges is 65 years.
The Indian Parliament has the power to change the retirement age.
The Law Commission and the Constitutional Review Commission recommended increasing the retirement age to 67 years.
When appointing judges, the President must consult the "Collegium" headed by the Chief Justice, as per the S.C judgment in 1993 and 1999.
The appointment of judges takes place based on the advice and recommendations of the Union Council of Ministers.
Chief Justice:
It is a tradition to appoint the senior-most among the S.C judges as the Chief Justice.
In 1973, after A.J.M. Shelat, A.N. Ray who was in 4th place after K.S. Hegde, was made chief Justice.
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In 1977, M.H. Beg was appointed Chief Justice, bypassing the senior, H.R. Khanna.
Except in the above cases, all the other 37 Chief Justices, up to 35, were appointed based on seniority.
The first Chief Justice of the Supreme Court - H.J. Kania
The Chief Justice who served the shortest term - K.N. Singh
The CJI who served the longest term - Justice Y.V. Chandrachud
First Woman Judge of S.C - Fathima Beevi
Current CJI - K.G. Balakrishnan, if he completes his full term, will be the 2nd person to serve the longest period after Chandrachud.
First Dalit CJI - K.G. Balakrishnan
S.C judges take the oath in the presence of the President.
S.C judges submit their resignation letter to the President.
Removal Process:
The President can remove judges from office on grounds of incapacity and misbehavior.
Removal occurs in the same manner as the President's removal, i.e., with a 2/3 majority resolution in Parliament.
At least 50 MPs must sign the resolution notice to remove judges.
14 days' prior notice should be given.
The house that introduced the motion will form an inquiry committee.
S.C Chief Justice.
Senior Judge in S.C.
Legal experts appointed by the President.
After the committee's inquiry, the house should approve the resolution with a 2/3 majority.
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If the resolution passed by one house is also approved by the second house with a 2/3 majority, the President will remove them.
No such resolution has been passed against any judge in India so far.
In 1990, a resolution was introduced against S.C judge Justice V. Ramaswamy from Tamil Nadu.
In 1991, the resolution failed due to a lack of majority. But later, Ramaswamy resigned from his post.
This method of removing judges was taken from America.
Salaries and Allowances:
The Parliament determines the salaries and allowances of S.C judges.
Salaries are paid from the Consolidated Fund of India. These salaries are not subject to IT, and cannot be put to vote in Parliament.
Except during a financial emergency, their salaries and allowances cannot be reduced.
The current monthly salary of the CJI: 1,00,000/-
Salary of ordinary judges: 90,000/-
Article 125 - Deals with the salaries and allowances of S.C judges.
Article 126 - The President can appoint an ad hoc (temporary) Chief Justice to the S.C.
Article 127 - Ad hoc (temporary) other judges can also be appointed.
The S.C Chief Justice, in consultation with the President, appoints ad hoc judges.
Term of office of ad hoc judges: 2 years.
The facilities provided to ordinary judges are also provided to ad hoc judges.
Article 128 - Retired judges of the S.C can be requested by the CJI to attend to specific cases.
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Only the CJI can make this proposal after consulting the President.
Main Seat:
Article 130 - The main seat of the S.C is in Delhi.
The CJI, in consultation with the President, can conduct court proceedings anywhere in the country.
The Union Cabinet's proposal to establish S.C benches in Mumbai, Chennai, and Kolkata was rejected by the S.C bench consisting of 25 judges in 2000.
The Law Commission, in its report, suggested establishing special benches in Delhi, Mumbai, Chennai/Hyderabad, and Kolkata.
Powers of the Supreme Court:
Original Jurisdiction: - (Article 130)
These include issues that only the S.C can hear.
It hears disputes arising between the center and states.
Disputes between states.
Disputes between the center on one side and some states on the other.
Issues determining constitutional validity.
These issues are mainly related to the federal system. The S.C, being an independent judiciary, hears disputes arising in these matters.
In 1957, in the case of A. Bengal V. Government of India, the S.C used these powers for the first time.
Matters that the S.C cannot hear:
Awards (judgments) given by tribunals on inter-state river water disputes.
Article 220: Recommendations of the Finance Commission.
Defense agreements entered into by India with foreign countries.
Article 275: Matters relating to grants-in-aid given by the Center to the States.
Laws relating to inter-state trade and commerce.
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Defense agreements entered into by India with foreign countries.
Article 275 - Matters relating to grants-in-aid given by the Center to the States.
Laws relating to inter-state trade and commerce.
Appellate Jurisdiction:
Those dissatisfied with the judgments given by the High Courts in various cases, and those who feel that justice has not been done, can appeal to the S.C.
Appeals are mainly of 4 types.
(a) Constitutional Appeals:
Article 132: Deals with constitutional appeals.
Laws made by state governments that are inconsistent with the constitutional validity can be appealed to the S.C.
e.g., S.C categorization issue & Muslim reservations law
(b) Civil Appeals (Article 133):
Appeals made on disputes related to property.
Article 133; Explains the scope of S.C civil appeals.
The property dispute must be worth at least 1,00,000/- or more.
The property dispute must involve constitutional validity.
E.g. Land reform Act, Nationalization of bank
(c) Criminal Appeals [Article 134]:
Appeals related to crime.
Provides an opportunity to appeal to the S.C against judgments given by H.Cs in various criminal cases.
In the following cases, an appeal can be made to the S.C without any permission.
When the District Sessions Court acquits the accused in a case, and the High Court, hearing the same case, sentences the accused to death/life imprisonment.
When the H.C transfers a case being heard in the District Sessions Court to itself and sentences the accused to death/life imprisonment.
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According to the law amended in 1970, an appeal can be made directly to the higher court even when a sentence of 10 years or more is imposed.
(d) Special Leave Petitions:
Article 136: Explains the S.C's special leave to appeal jurisdiction.
H.Cs issue a certificate of leave to appeal to the S.C against their judgments under Article 134(A).
If H.C not given permission, and they try to Special appeals.
The Screening Committee in the S.C examines and grants permission for SLPs.
e.g. A.P Government with respect to private Medical and Engineering colleges.
Court of Record:
Article 129 - Deals with the Court of Record powers of the S.C.
Preserving the judgments given by the S.C in various cases in record form is called "Court of Record".
These are also called 'precedents'.
Precedents are treated as ordinary laws.
Action can be taken against those who disregard them under contempt of court.
e.g.: In the case of Mohammad Salim Ismail V Government of India, the S.C imposed a fine of one day and 2,000/- for failing to keep the promise given to the National Integration Council & Court regarding the disputed site in Ayodhya.
The Court of Record acts as a guideline for all lower courts.
Issuing Writs:
The S.C acts as the protector of fundamental rights.
Article 32 - The S.C issues writs like Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto for the enforcement and protection of fundamental rights.
Parliament can impose reasonable restrictions on the S.C's writ jurisdiction.
The S.C can examine the constitutionality of the restrictions imposed by Parliament.
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Advisory Jurisdiction [Article 143]:
The President can seek the legal advice of the S.C on matters involving constitutional validity related to laws and administration.
The President is not obliged to follow the advice given by the S.C.
The court is also not obliged to give its opinion on the matters requested by the President.
Court denied to give opinion in Ayodhya and Jammu Kashmir citizenship law.
If the President seeks legal advice on the same issue for the second time, the court must give advice on constitutional matters.
The S.C must give its advice only through a judgment in open court.
A bench of at least 5 judges for constitutional matters and a bench of at least 3 judges for ordinary matters should provide legal advice.
In 1953, the President sought the S.C's legal advice for the first time on the Delhi Administrative Laws issue.
So far, such legal advice has been sought 13 times.
Recently, the legal advice sought by the President regarding the water agreements canceled by the Punjab government is currently pending before the S.C.
Control over Lower Courts [Article 141]:
The S.C has control over all courts in our country.
According to Article 141, the judgments of the S.C are binding on all courts in the country.
Article 142 - The directions issued by the S.C to the lower courts must be followed by them.
The President must consult the 'Collegium' headed by the CJI in the appointment and transfer of H.C judges.
The guidelines issued by the S.C regarding the procedures to be followed by the lower courts in the administration of justice must be followed.
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Other Powers:
Article 137 - The S.C can review its own judgments and can also set aside those judgments and give new judgments.
e.g., The judgment in the Golaknath case was overruled by the Kesavananda Bharati case.
Article 147 - The S.C has the power to interpret the Constitution and provide an explanation of the Constitution.
Article 146 - The S.C appoints the staff working in the S.C.
Article 71 - Hears disputes related to the election of the President and Vice-President.
On the request of the President, the S.C committee investigates the allegations against the chairpersons and members of UPSC; State Public Service Commissions, CVC; Administrative Tribunals; NHRC, and provides its advice to the President.
The S.C Chief Justice acts as the Chancellor of Delhi University.
Can act as chairman for various commissions established in the country.
Retired judges of the S.C cannot practice law in any court in the country for the rest of their lives.
Matters demonstrating the independence of the judiciary:
Separating the judiciary from the executive branch.
Providing judicial review power.
Guarantee provided in the matter of salaries and allowances.
Security provided for tenure.
Special procedures followed in the removal process.
Matters related to the appointment of judges.
Fulfilling the responsibilities of constitutional protection.
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Judicial Review Powers:
The concept of 'judicial review' was taken from America.
In 1803, the American Supreme Court's judgment in the Marbury Vs Madison case laid the foundation for the concept of 'judicial review'.
Although the term 'judicial review power' is not mentioned anywhere in our Constitution, the characteristics of judicial review are present in our Constitution.
In 1980, in the Minerva Mills case, the S.C judgment stated that judicial review power is an integral part of the basic structure of the Indian Constitution.
In 1951, the S.C for the first time used its judicial review power in the Shankari Prasad V Government of India case.
The S.C used its judicial review power in all cases like Sajjan Singh v. Rajasthan Government, Golaknath case, Bank Nationalization case, and Kesavananda Bharati case.
In 1976, the Indira Gandhi government imposed many restrictions on the judicial review power of the higher courts through the 42nd Constitutional Amendment.
The Janata government restored the judicial powers of the higher courts through the 43rd Constitutional Amendment in 1977 and the 44th Constitutional Amendment in 1978.
In the 1980s, Justice P.N. Bhagwati and Justice V.R. Krishna Iyer played a proactive role in the judiciary by promoting Public Interest Litigation.
The most important power acquired by the judiciary in our country in recent times is playing a 'proactive role of the judiciary'.
*"The power of the judiciary to review the laws made by the legislature and the administrative actions of the government to see whether they are constitutionally valid, and to declare them invalid if they are unconstitutional, is called Judicial review power".
In the Shankari Prasad case and the Sajjan Singh case, the S.C ruled that only ordinary laws could be subjected to judicial review.
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In the 1967 Golaknath case and the 1973 Kesavananda Bharati case, the S.C stated that constitutional amendments could also be subjected to judicial review.
In A.K. Thakur V. Government of India case, S.C stated that it can do judicial review of the contents in 9th Schedule.
Matters providing scope for judicial review:
Article 13 - Laws inconsistent with fundamental rights can be declared invalid.
Article 32 - Actions of the executive branch that violate rights can be declared illegal.
Disputes arising regarding the lists in the 7th Schedule can be reviewed.
Article 78 - Disputes regarding the jurisdiction of the Central Government.
Article 162 - Disputes regarding the jurisdiction of the State Government.
Article 131 - Disputes between the Center and State Governments, and between States.
Article 132 - S.C hearing constitutional appeals.
Article 137 - The S.C reviewing its own judgments (S.C).
Article 147 - Interpreting the Constitution.
Article 246 - Determining the legislative powers of Parliament and Legislatures.
Article 248 - Matter of determining residuary powers.
Article 254 - Disputes between the Center and States on the Concurrent List.
Article 251 & 253 - Delegating administrative responsibilities by the Center to the States.
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Matters not subject to judicial review:—
Article 53—The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
Article 74(1)—There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
*Article 74(1) The executive power of the union is carried out in the name of the president
Article 105 - Special facilities and amenities provided to Members of Parliament.
Article 122 - Parliamentary proceedings, rules, and regulations.
Article 82- Readjustment after each census.
Article 154 - 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.
Article 163(1) - There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
Article 361 - Special facilities and exemptions provided to the President and Governors.
Special facilities provided to Scheduled Castes and STs through Schedules 5 and 6.
Matters in Schedules 1, 2, 3, and 4.
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VI Part: State Government [Articles 152-237]
Part 6 of the Constitution deals with the structure, functioning, and duties of the state government.
We follow a parliamentary system in the states as well.
State governments function on the principle of collective responsibility.
Article 152 - Deals with the states.
J&K is not included in this article.
Governor:
Constitutional head of the state.
First citizen of the state.
Acts as a bridge between the Center and the State.
Representative of the Central Government in the state.
Article 153 - Each state shall have a Governor. They act as the head of the state.
Following the 7th amendment in 1956, the Governor can simultaneously hold office for more than one state.
As per the provision added to Article 239, Governors can also hold additional responsibilities for Union Territories.
Article 154 - The entire administration of the state is carried out in the name of the Governor.
The Governor can carry out state administration personally or through officers appointed by them.
Appointment:
Article 155 - Governors are appointed by the President.
Articles 157 & 158 - The following qualifications are required for individuals to be appointed as Governors:
Must be a citizen of India.
Must be 35 years of age.
Should not hold any office of profit in the Center or States.
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Should not be an MP or MLA.
Conventions:
A person is not appointed as Governor of their own state.
There are some exceptions to this. Dr. H.C. Mukherjee, belonging to West Bengal, was appointed to the same state, and Col. Shibr and Ujjan Singhs were appointed to Punjab.
Consulting the state government when appointing the Governor.
When 'Kanungo' was appointed Governor of Bihar, the state government was not consulted; similarly, when B. Gopal Reddy was appointed Governor of UP, the state government was not consulted.
The Rajamannar & Sarkaria Commissions recommended that the state government must be consulted when appointing the Governor.
The Constitutional Review Commission recommended amending the Constitution to make consultation with the state government mandatory.
Term of Office:
The Governor can continue in office as long as the President has confidence in them.
According to the Constitution, the Governor's term of office is 5 years.
The President can remove Governors in the middle of their term. This is called 'Recall'.
Governor Fathima Beevi of Tamil Nadu was 'recalled' by President K.R. Narayanan.
Governors submit their resignation to the President.
The President can transfer Governors.
The President can extend the Governor's term of office.
State legislatures cannot remove Governors through a no-confidence motion.
The Governor is responsible to the President.
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Oath:
Governors take the oath in the presence of the Chief Justices of the State High Courts.
Salaries and Allowances:
Parliament determines the salaries and allowances of Governors.
Salaries paid from the State Consolidated Fund are not subject to IT. There is no provision for voting on them.
When a Governor is in charge of two or more states, the President determines their salaries and allowances.
According to the salaries revised in 2008 - Governor's monthly salary: 1,10,000/-
Powers:
Governor's powers are of 2 types.
(a) Ordinary Powers - In normal circumstances, the Governor exercises these powers based on the advice and suggestions of the state Council of Ministers.
(b) Discretionary Powers - Powers exercised by the Governor at their discretion are called 'discretionary powers'.
Executive Powers:
Article 154 - The entire administration of the state should be carried out in the name of the Governor. They can carry it out personally or with the help of other officers.
Article 163(1) - There shall be a Council of Ministers with the CM as its head to advise the Governor in the administration of the state.
Article 164(1) - Appoints the Chief Minister and, on their advice, other ministers.
Article 165 - Appoints the Advocate General, the chief legal advisor to the state government.
Article 317 - Appoints the Chairman and members of the State Public Service Commission.
Article 243(K) - Appoints the State Election Commissioner.
Article 243(I) - Appoints the State Finance Commission.
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Article 233 - District Sessions Court Judges;
Appoints the Chairman for positions like 'Lokayukta' in the state.
Appoints the Chairman and members of the State Human Rights Commission.
The Governor acts as the Chancellor of regional universities in the state and appoints Vice-Chancellors.
When any special corporations are formed, the Governor can appoint their Chairmen.
Legislative Powers:
Article 168 - The Governor is considered part of the state legislature.
Legislature means, Legislative Council, Legislative Assembly, and the Governor.
Article 200 - Bills passed by the legislature do not become laws without the Governor's assent.
Article 171 - The Governor nominates 1/6th of the members to the State Legislative Council from among those who have distinguished themselves in the fields of arts, literature, science, social service, and the cooperative movement.
Article 333 - Governors nominate one Anglo-Indian to the Legislative Assemblies. (Karnataka & West Bengal Governors nominate two each)
Article 174 - Summoning the legislature, proroguing it, and dissolving the Legislative Assembly are powers of the Governor.
Articles 175, 176 - The Governor can send their ordinary and special messages to the legislature.
Article 213 - When the legislature is not in session, the Governor can issue Ordinances.
Article 31(A) - Bills like nationalization of assets should be introduced in the Legislative Assembly only with the Governor's permission.
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Financial Powers:
*Article 243(1) - Appoints state finance commision.
Article 202 - The budget, along with any financial bills, cannot be introduced in the legislature without the Governor's permission.
Article 267(1) - The State Contingency Fund is under the Governor's control.
After auditing the state government's expenses and accounts, the CAG submits its report to the Governor, who then places it before the legislature.
The Governor's permission is mandatory when the state government wants to take any loans.
Judicial Powers:
Article 161 - Governors have judicial powers to grant pardons.
Governors have power to make judgements on punishments by the courts.
Governors have 5 types of pardoning powers.
Pardon
Commutation
Remission
Respite
Reprieve
The Governor does not have the power to pardon in the case of a death sentence.
There is no possibility of granting pardon in the case of punishments imposed by military courts.
The Governor cannot exercise judicial powers in the case of punishments imposed for violating Central Government laws and administrative matters.
*The governor performs Judicial power based on the suggestions of state ministers.
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The judiciary has the power to review the Governor's judicial powers.
The President consults the Governor when appointing judges to the State High Court.
H.C judges take the oath in the presence of the Governor.
Other Matters:
Article 160 - The Governor has the power to perform certain special emergency duties.
The Governor sends a report to the President every 15 days on matters related to state administration.
Governors can act as Presidents of Red Cross Societies in the states.
Article 361 - Governors have certain special exemptions.
No criminal cases can be filed against the Governor while in office.
Governors cannot be arrested.
At least 2 months' notice must be given before filing any civil cases.
Governor's Discretionary Powers:
The Governor exercises these powers at their discretion in exceptional circumstances.
Appointment of Chief Minister:
When no party gets a clear majority in the state assembly elections, the Governor uses their discretionary power to appoint the Chief Minister.
e.g., In the past, when no party secured a majority in the Jharkhand assembly elections, Governor Syed Sibte Razi appointed Shibu Soren as Chief Minister.
Dismissal of the Council of Ministers:
The Governor can dismiss a government that has lost its majority in the legislature.
This entirely depends on the Governor's discretion.
The Governor can direct the state government to prove its majority in the legislature.
e.g., In 1994, Governor Krishna Kant directed the NTR government to prove its majority.
The Governor can dismiss the government even without convening an assembly session.
e.g., In 1984, Governor Ram Lal (AP) dismissed the NTR government and appointed Nadendla Bhaskara Rao as Chief Minister.
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*Dissolving legislative house:
*The governor dissolves the legislative house when the government loses the majority, when there is no option of forming alternative governement.
*Governor can reject Cheif minister's suggestion of dissolving legistlative house.
Ex: In 1994 governor Krishna kanth rejected NTR's suggestion.
Report under Article 356:
The report sent by the Governor to the President stating that the constitutional machinery in a state has failed and therefore recommending the imposition of President's rule depends solely on their discretion.
*Regarding Bills passed by the state assembly.
*Governor can take any decision in the bill passed by legislative, either accept or reject it.
Article 201: The governor will send the bill to president for consideration.
Permission for Inquiry Commissions:
The Governor can grant permission to set up special commissions to investigate allegations of corruption against the Chief Minister or the state government.
e.g., In AP, on Jalam Vengala Rao's government, in Karnataka on Devaraj Urs' government, in TN on Jayalalitha's government, and in Punjab on Prakash Singh Badal's government, inquiry commissions were formed.
Opinions on the Governor's System:
"People should directly elect the Governor's system" - B.M. Rao
"There is no need to elect governors who have no significance. The appointment method is the best" - Ambedkar
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"If the system of electing Governors is introduced, it will lead to a crisis by creating two power centers in the state, the Chief Minister and his Council of Ministers, and the Governor's system" - H.V. Kamath
Compared Governor's houses(Raj Bhavan) to lodging houses with food facilities- Bhogaraju Pattabhi Sitaramayya.
The method of appointing Governors was adopted from Canada.
After 1967, the Governor's system became controversial.
Committee appointed in 1974 to study the reasons for the Governor's system becoming controversial and to make appropriate recommendations:
Bhagwan Sahay Committee
The President presides over the Governors' Conference held in May.
The Prime Minister should be the chairman, and the Lok Sabha Speaker, the Leader of the Opposition in the Lok Sabha, and the Deputy Chairman of the Rajya Sabha should be members, and a special committee should be formed to recommend names for appointing Governors.
Constitutional Review Commission
A code of conduct should be established for Governors - Sarkaria Committee
Friday, February 21, 2025
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