C
C
C.
C
C
C
C
C
ii) MP Vote Value = (Total Value of Votes of MLAs of All States) / (Number of Elected MPs)
* In the 2001 Presidential election, the MP vote value was set at '700'.
* The total value of votes of the elected members of the legislative assemblies one state, Delhi and Pondicherry is almost equal to total value of votes of the MPs.
* The fact that the total vote value of all MLAs in the country is equal to the total vote value of MPs demonstrates the 'federal system' of our country.
(Vote value) = (Total Number of Valid Votes Polled) / (Number of Members to be Elected + 1) + 1
* In a situation where a candidate does not receive 50% + 1 of votes, meaning quota votes,...
the second preference votes of the last candidate in the contest are transferred to the other candidates in the contest.
* V.V. Giri was the person who won by second preference votes in the 1969 presidential election.
C.D. Deshmukh won V.V. Giri by transferring 2nd preference votes.
* The person who was elected as President with the narrowest majority and through the 2nd count - V.V. Giri
**Prof. K. T. Shah proposed to hold the election of the President of India in a direct manner in the Constituent Assembly.**
**Ambedkar & Nehru supported the current method of electing the President is similar to direct election.**
**Article 56: Term of Office**
> If the President does not resign, is not removed through impeachment,
and if the Supreme Court does not quash the President's election, the term of office is 5 years, unless death occurs before the term ends.
* Unless the President of India dies before the end of his term of office, resigns or is removed through impeachment, the Supreme Court does not quash the President's election, then the term of office is 5 years.
* If the President of India resigns, he should give his resignation letter to the Vice President.
According to the amendments made in the Presidential and Vice-Presidential Duties Discharge Act, 1969, when the President resigns, if the post of Vice-President is vacant, the resignation should be submitted to the Chief Justice of the S.C.
137
==End of OCR for page 1==
==Start of OCR for page 2==
* If the post of Vice President is vacant when the President resigns, the President should
draft the resignation addressing the Vice President. Copies of this should be sent to the Chief Justice of the Supreme Court and the Prime Minister.
**Article 57:**
> A person can contest for the post of President any number of times.
* Only the first President of India,
Babu Rajendra Prasad, held office for two terms and set a tradition by not contesting a third time.
**Article 58: Qualifications**
> Must be a citizen of India.
> Must be 35 years of age.
> Must be eligible to be elected to Parliament.
CITY XEROX
1-10 23/4/1, Ashoknagar,
HYDERABAD-500 020,
Cell: 9704138226
> Central, State should not have profit gaining Jobs.
* Vice President, Governors, Central and State Ministers, MPs, MLAs are not considered as holding profit-making jobs.
* The election of the President of India is conducted according to the Presidential and Vice-Presidential Election Act - 1952.
* The power to decide other qualifications rests with the Parliament.
* The candidate contesting for the presidency should be proposed by at least 50 members of the 'Electoral College'
and supported by another 50 members.
* Candidates contesting for President must pay a deposit of 15,000/-.
A candidate who has contested for the post of President must get at least -1/6th of the votes to get his deposit.
**Article 59: Salary and Allowances**
> The President's salary is decided by the Parliament.
> *Salary is paid from the Consolidated Fund of India.*
> It is not under the purview of IT.
Parliament should not vote on the salaries and allowances of the President.
>> Economic emergency should not be imposed with pay cuts.
} The current monthly salary of the President of India is :- 1,50,000/-
G
C
G
==End of OCR for page 2==
==Start of OCR for page 3==
> The residence of the President of India is called "Rashtrapati Bhavan". The world-famous Mughal Gardens are located here.
> Rashtrapati Bhavan was designed by - Edward Lutyens.
> The President has a winter retreat in Bolarum, Hyderabad, and a summer retreat in Shimla.
**Article 60: Oath of Office**
> The President takes the oath in the presence of the Chief Justice of the S.C. If the Chief Justice is not available, the senior-most judge administers the oath.
* Even when the Vice-President is acting as the interim President,
the oath should be taken in the presence of the Chief Justice of the S.C.
**Article 61: Impeachment Motion**
> The President can be removed from office through an impeachment motion for treason and violation of the Constitution. This motion must be passed by the Parliament.
> The procedure for removing the President from office was adopted from America.
> This motion can be introduced in either the Rajya Sabha or the Lok Sabha.
> Whether the motion is introduced in the house, a notice signed by one-fourth of the members of that House.
A notice must be given to the Speaker of that House 14 days in advance.
> When the motion is passed by a 2/3 majority in the House in which it was introduced, the motion is
sent to the second house.
> The second house investigates the impeachment motion as a whole or by a committee appointed by the House.
> During the investigation, the President can present his/her case either in person or through his/her representative.
> If the second house also passes the motion with a 2/3 majority, the President
loses his/her office from that day.
* 2/3 majority means that the majority of the members present and voting in the House should be
considered as 2/3 majority. Vacancies are not considered.
* Members nominated by the President can also participate in the impeachment motion voting.
* If the House in which the motion is introduced rejects it, there is no scope for introducing the motion in the second House.
139
==End of OCR for page 3==
==Start of OCR for page 4==
* If one house ratifies and the other house rejects, the motion fails.
* There is no provision for a joint session if there are differences of opinion.
* This motion has not been ratified against any President in India till date.
* This motion was first introduced against V.V. Giri in 1971 and was later withdrawn.
**Article 62:**
> If the office of the President of India becomes vacant for any reason, elections should be held within 6 months.
* The process of electing a new President begins 15 days before the end of the term of the President of India.
**Election - Disputes:**
>> Article 71: The Supreme Court resolves election disputes of the President and Vice-President.
>> The S.C gave important judgments in the case of Vs Union of India in 1957 and 1974.
> Regarding the Presidential election dispute, S.C
The petition must be filed by the contesting candidate who lost the election.
or by members of the 'Electoral College'.
>> The petition should be filed within 30 days of the conclusion of the elections.
> At least 10 people must sign the petition filed in the S.C regarding the Presidential election dispute.
members of the 'Electoral College' should sign.
> Even if there are any vacancies in the 'Electoral College', elections can be held
S.C gave the verdict on Dr. Khare's petition.
* The President who personally appeared before the S.C to present his case in a dispute regarding his election
V.V. Giri
> Presidential elections - Election Commission of India - conducts.
> The returning officer for the Presidential election is the Secretary General of the Lok Sabha once, and another time
The Secretary General of the Rajya Sabha acts.
> In 2007, during the Presidential election, the Secretary General of the Lok Sabha, P.D.T. Achari,
acted as the Returning Officer...
C
C
==End of OCR for page 4==
==Start of OCR for page 5==
**Powers of the President of India:**
The powers of the President can be classified into 2 types.
I. Ordinary Powers
II. Emergency Powers
C
**I. Ordinary Powers:**
*Executive Powers*
> Article 53 - All the administration of the country is carried out in the name of the President.
* The President of India can administer the country either directly or with the help of other officials.
> 74(1) Article - There will be a Union Council of Ministers headed by the Prime Minister to advise and assist the President in the administration of the country.
> 75(1) Article - Appoints the Prime Minister and other ministers on his advice.
> Article 76 - Attorney General, the chief legal advisor of the Central Government,
is appointed by the President.
124
> Article 217 - Appoints the Chief Justice and other judges of the Supreme Court.
> Article 217 - Appoints the Chief Justice and other judges of the High Courts.
> Article 155 - Governors in the states;
> Article 239 - Lieutenant Governors (rulers) of Union Territories;
> Article 315 - Formation of All India Services and Joint Public Service Commissions, and selection of employees for UPSc...
> Article 324 - Appoints the Chief Election Commissioner and other officials of the Central Election Commission.
> Article 148 - Comptroller & Auditor General who audits the expenses and accounts of the Central and State Governments;
> Article 260 - Finance Commission which distributes revenue between the Center and the States;
> Article 262 - Central Water Resources Board;
> Article 263 - Establishment of Inter-State Council;
> Article 338 - Establishment of National Scheduled Castes Commission;
141
==End of OCR for page 5==
==Start of OCR for page 6==
> Article 338(A) - Establishment of National Scheduled Tribes Commission;
> Article 340 - Backward Classes Commission to study the conditions of Backward Classes (OBCs) in the country.
Establishment of Backward Classes Commission to study.
*Legislative Powers*
These are the executive powers.
Although the President of India is not a member of Parliament, he is considered a part of Parliament.
> Article 79 - Parliament means Rajya Sabha,
Lok Sabha and
President.
111
> Article - Bills passed by Parliament become laws only with the assent of the President.
> Article 85 - The President has the power to convene and prorogue Parliament sessions.
He also has the power to dissolve the Lok Sabha.
> Article 80 - The President nominates 12 members to the Rajya Sabha.
> Article 331 - Nominates two Anglo-Indians to the Lok Sabha.
> Article 108 - To convene a joint session of both Houses.
> Articles 86, 87 - The President can send messages to both Houses separately and specially.
> In the case of a newly formed Lok Sabha, the Protem Speaker acts as a temporary speaker
is appointed by the President.
> Article 103 - Has the power to disqualify members of Parliament.
> Article 123 - The President can issue ordinances when Parliament is not in session.
These ordinances have the same
value as ordinary laws.
*Veto Powers:*
> "Veto" means to reject, prevent or withhold.
> The President has '3' types of veto powers regarding bills passed by the Union Council of Ministers and Parliament.
1. Absolute Veto:
* Regarding the bills passed by the Union Council of Ministers or Parliament
the President can reject by not giving consent with a reason.
==End of OCR for page 6==
==Start of OCR for page 7==
Rejecting this is called "Absolute Veto".
* The Parliament or the Council of Ministers can nullify the President's veto.
That is, the same bill can be passed again with or without amendments.
When sent to the President, he must ratify the bill.
If the State Legislatures pass bills and the Governors send them to the President for consideration, the President can reject them. The bill can be ratified a second time.
Even when sent to the President, they do not have to ratify it.
**2. Suspensive Veto:**
* Regarding the bills of the Parliament or the Union Council of Ministers, the President can give his
assent and may give many amendments, suggestions and recommendations.
Sending back for reconsideration is called "Suspensive Veto".
* The Parliament can nullify the President's veto by passing the bill a second time.
veto power can be overridden.
(2) Abdul Kalam used his 'Suspensive Veto' in 2006 regarding the Dual Posts (Profitable Posts) Bill.
**3. Pocket Veto:**
* "Regarding the bills of the Parliament or the Union Council of Ministers,
the President can withhold the bills without expressing his consent or rejecting them.
That is, keeping the bills with him without taking any decision."
In 1986, the President of India, Giani Zail Singh, regarding the Postal Bill
used his pocket veto.
*Qualified Veto:*
* The President of India does not have this power.
* The President of America has this veto power. That means the American
President can veto a matter, it should be overridden by a 2/6 majority within the stipulated time (10 days).
**Matters that the President cannot veto:**
Constitutional Amendment Bills;
Nationalization of Property Bills;
(3. Reorganization of States Bills;
(143)
==End of OCR for page 7==
==Start of OCR for page 8==
* There is no mention in the Constitution as to how long the President should take to give his assent to the bills passed by the Parliament or the Union Council of Ministers.
**Financial Powers:**
> Article 112 - The budget should be introduced in the Lok Sabha only with the permission of the President.
> Article 110 - Any financial bill can be introduced in Parliament only with the permission of the President.
> Article 267 - The Contingency Fund of India is under the control of the President.
> Article 150 - CAG submits the report on the expenses and accounts of the Central Government to the President.
The President presents it to the Parliament.
> The permission of the President is mandatory when taking foreign loans.
> Article 31(A) - Bills related to the nationalization of assets should be introduced in Parliament and Legislative Assemblies only with the consent of the President.
**Judicial Powers:**
> Along with the administrative powers of appointing judges of the S.C & H.C, transferring High Court judges to other states, the President of India
also has some judicial powers.
> Article 72... The President exercises 5 types of judicial powers.
> He can take 5 types of decisions regarding the punishments imposed by the higher courts.
Pardon - "He can grant pardon by canceling the punishments imposed by the higher courts."
Commutation - "Changing one type of punishment imposed by the courts to another type of punishment
is called commutation."
Example: Commuting the death sentence of Nalini, a convict in the Rajiv Gandhi assassination case,
to life imprisonment.
Remission - "Reducing the sentence without changing the type of punishment."
Respite - "Changing the type of punishment without changing the duration of the sentence"
Example: Due to ill health, mental instability, in the case of pregnant women
that is, for special reasons, changing severe punishments to ordinary punishments,
Reprieve - "Postponing the execution of the sentence"
When a mercy petition is pending before the President or Governors
the execution of the sentence is temporarily postponed.
==End of OCR for page 8==
==Start of OCR for page 9==
Example: - Postponing the execution of the death sentence imposed on Afzal Guru in the Parliament attack case.
* The President exercises the above-mentioned judicial powers on the advice of the Union Council of Ministers.
* Only the President has the power to grant pardon in the case of the death penalty.
* The President has the power to make decisions on punishments imposed by military courts.
# The judiciary can review the pardon decisions of the President and the Governor
The Supreme Court bench headed by Arijit Pasayat in the case of Gau Venkata Reddy of AP in 2006 gave the verdict.
-In this case, the S.C, "Pardon powers should not be misused for caste, religion, political considerations. While granting pardon, the sentiments of the victims' families should also be considered."
**Diplomatic Powers:**
> To seek the help of other countries in the development of our country, to establish close relations with foreign countries, the President appoints diplomats and ambassadors to foreign countries.
> Only the President can allow foreign ambassadors into our country... The President has the power to expel foreign ambassadors and diplomats who harm the interests of our country.
Ambassadors ["High Commissioner"] - Indian representative in Commonwealth countries
Diplomats - Indian representative in other countries
**Military Powers:**
> The President of India acts as the Supreme Commander of the Armed Forces.
>) The President appoints the chiefs of the three armed forces.
> Only the President can declare war with foreign countries and conclude peace.
>> Peace treaties with foreign countries are made in the name of the President.
145
==End of OCR for page 9==
==Start of OCR for page 10==
**Other Powers:**
> Article 361 - The President of India is granted special exemptions and special privileges.
> No criminal cases can be filed against the President while in office.
> The President cannot be arrested while in office.
> Civil cases can be filed against the President only after giving 2 months' notice.
>> No court can question the decisions taken by the President while in office, i.e.
jurisdiction.
>) The President appoints the following officials.
- Chairman and members of the National Human Rights Commission;
- Central Vigilance Commissioners;
- Commissioners of the Right to Information Act;
- Chairman & other members of Administrative Tribunals;
- PTI [Press Trust of India] Chairman
- Prasar Bharati Chairman
- TRAI
- Railway Board, Staff Selection Commission Chairman;
- State Election Commissioners, State P. Public Service Commissions Chairman and members;
- Removal of State Lokayuktas.
>> ES NHRC report, CAG reports are submitted to the President.
>> UPSC, SC ST Commissions, Finance Commissions submit their reports to the President.
> The responsibility of presenting all the above reports to the Parliament rests with the President.
==End of OCR for page 10==
==Start of OCR for page 11==
**President's Emergency Powers**
[Part 18: Articles 352-360]
> The Indian Constitution adopted the emergency powers from the Government of India Act - 1935.
> The procedures to be followed during the imposition of emergency were adopted from Germany.
The method of suspending Fundamental Rights during the emergency was taken from Germany
The method of not revoking the right to life was adopted from Japan.
> The President of India has '3' types of emergency powers.
**(a) National Emergency:**.
> Article 352 - The President declares a state of emergency.
> National emergency is imposed in case of foreign aggression, war situations, and internal
disturbances.
> In 1978, the Janata government, through the 44th Constitutional Amendment, replaced the term 'disturbances'
with the term 'armed rebellion'.
> The President can declare a national emergency on the written advice of the Union Council of Ministers.
> The word "Cabinet" was first added to Article 352 through the 44th Amendment.
> "Written advice" was also added through this amendment.
> The proclamation made by the President must be ratified by both Houses within '1' month.
* Previously, the Parliament had to give its approval within 2 months, but the 44th Amendment reduced the period to one month.
>> Both Houses should ratify it separately with a 2/3 special majority.
* The point of 2/3 special majority was also added to the Constitution through the 44th Amendment.
> If the Lok Sabha is dissolved during the period when the President declares a state of emergency
then the Rajya Sabha must ratify it. The new Lok Sabha
must ratify it within 30 days from the date of its first meeting.
>> If there are differences of opinion between the two Houses regarding the ratification of the President's proclamation
the emergency will be revoked.
147
==End of OCR for page 11==
==Start of OCR for page 12==
> If there are differences of opinion in this regard, there is no provision for a joint session of both houses.
**Procedure for Revocation of Emergency:**
>> The duration of the National Emergency is 6 months.
>> The President can revoke it before 6 months.
>> Parliament can extend it for another 6 months by passing another resolution.
> There is no maximum time limit for the emergency. By Parliament resolution
it can be extended indefinitely.
>> The President can revoke it at any time through a proclamation.
> Parliament can revoke it at any time through an ordinary resolution.
> According to the 44th Amendment, with the signatures of 1/10th of the members of the Lok Sabha
A notice requesting the revocation of the emergency can be given to the Speaker of the Lok Sabha or the President.
>> 14 days before giving the notice to speaker, to conduct a special meeting in Loksabha, with simple majority vote
can dismiss.
**Changes that occur during the emergency:**
> The Center makes laws on all subjects, including the State List.
>> Article 358 - Article 19 is immediately suspended.
>> Article 359 - The President can temporarily suspend all fundamental rights except Articles 20 and 21.
> Statutory restrictions can be imposed on the powers of S.C and H.C to issue writs in the matter of enforcement of rights.
The term of the Lok Sabha and the terms of the State Legislative Assemblies can be extended by one year.
> Laws made during the National Emergency remain in force for 6 months after the emergency ends. If the Parliament
wants, it can repeal them earlier. Otherwise, they will be automatically repealed after 6 months.
==End of OCR for page 12==
==Start of OCR for page 13==
**Occasions when Emergency was imposed:**
I. In 1962, during the war with China, during the Nehru government
The 1st situation continued till 1967.
* In 1965, during the war with Pakistan, a separate emergency was not imposed in our country.
II. In 1971, during the liberation of Bangladesh, during the war with Pakistan, the Indira Gandhi government
imposed an emergency for the second time in our country, and it continued till 1977.
III. In 1975, the Indira Gandhi government imposed an emergency in the name of internal security.
* From 1975 to 1977, there were national emergencies in our country for two reasons.
(b) Constitutional Emergency:
**Article 356:**
> This situation is imposed when the constitutional machinery fails in a state.
>> Constitutional emergency is also called 'President's Rule' or 'Central Rule'.
> Failure of constitutional machinery means
(i) Deterioration of law and order,
(ii) Frequent fall of state governments,
(iii) Failure to form an alternative government,
(iv) Failure to form a government,
(v) Government not functioning...
(vi) Article 365 - Failure of states to comply with the directions of the Center.
>> The President, based on the report sent by the Governor, in consultation with the Union Council of Ministers
can impose this emergency.
> The President can also take a decision based on the advice of the Union Council of Ministers.
> The President can send back the advice of the Union Council of Ministers for reconsideration.
> In 1997, K.R. Narayanan sent back the recommendation of the UDF government to dismiss the Kalyan Singh government in UP and impose President's rule.
. UDF - United Democratic Front (Leftist).
(149)
==End of OCR for page 13==
==Start of OCR for page 14==
>> The President's Rule must be approved by both Houses of Parliament (the two houses) with a simple majority.
> If either Rajya Sabha or Lok Sabha fails to ratify the President's proclamation,
the President's Rule proclamation is revoked.
The President's Rule imposed in Bihar was approved by the Lok Sabha and rejected by the Rajya Sabha.
As a result, the Rabri Devi government, which had been dissolved in the year 2000, had to be reinstated.
> There is no provision for a joint session if there are disagreements between the two houses.
**Time limit:**
> The time limit for President's rule imposed in a state is 6 months.
Parliament can extend it by another 6 months by approving it.
> The maximum time limit for the president's rule is 3 years.
>Based on the rules that are included in the 44th constitution correction, after a year
to extend the presidents rule, the following should be satisfied.
(a) If there is national emergency
(b) If Election commission certifies that elections cannot be conducted in that state.
(C) Beyond 3 years to extend the presidents rule, constitution correction should be made.
Through the 59, 64 Constitution corrections in Punjab, president's rule is extended to 5 years.
>> The president can dismiss the emergency through proclamation.
> Also through the normal resolution, parliament can dismiss.
**Changes occur during the Emergency:**
>State government will be dismissed.
"State assembly can be dismissed or temporarily suspended.
Temporary suspension - Dormant stage.
> There is no change in the powers of High court.
>For that state's administration purpose, parliament makes necessary laws.
>) Parliament approves the State Budget.
> Governor takes help of the appointed officers
And continues the state administration.
C
==End of OCR for page 14==
==Start of OCR for page 15==
>> This during the emergency period made the Laws will be applicable after the completion of 6 months from emergency
Parliament can abolish.
80
**Occasions when Emergency was imposed:**
>) First time in our country, PEPSU in 1950, Punjab in 1952
:
> Longest in Punjab,
>> The constitutional amendment was first made regarding the extension of President's rule in Punjab.
> States where it was imposed most times: Kerala (9), Uttar Pradesh (9)
> States where it was imposed least times: Maharashtra, Arunachal Pradesh, Meghalaya (1 time
> 1954 first time in Andra state, 1973 in AP.
> States that haven't imposed till now: Chattisgarh and Uttarkhand.
>>President's rule has been imposed 121 times in our country till date...
> In 2002, the Constitutional Review Commission stated that Article 356 had been misused more than 100 times in our country.
> In 2000, during the NDA government's tenure, a sub-committee was formed under the leadership of George Fernandes from the Inter-State Council to prevent the misuse of this article.
made some suggestions.
In 1994, in the case of S.R. Bommai Vs Government of India, the S.C gave some important suggestions regarding the use of this article.
(a) The judiciary reviews the use of Article 356.
(b) This article should not be used without the Governor's report.
(c) The President's proclamation must be ratified by Parliament before dissolving the State Legislative Assembly.
(d) This article should not be used in a way that harms the Indian federation.
>> In 2002, the Constitutional Review Commission endorsed the S.C verdict in the S.R. Bommai case
and suggested that this article should be used only as a last resort,
and that a constitutional amendment should be made to prevent its misuse.
> The state where President's rule was imposed for the shortest period (→days) is Karnataka.
The state where President's rule was imposed twice in the same month:
Downloaded at : www.ourstudycircle.in
151
==End of OCR for page 15==
==Start of OCR for page 16==
**(C) Financial Emergency [Article 360]:**
> The President imposes a financial emergency when the financial security of the country is threatened.
> The Union Council of Ministers advises, and the President proclaims.
> "The President's proclamation must be ratified by the Parliament (both Houses). It should be ratified by the Parliament with a simple majority. Within a period of 2 months.
> Emergency is revoked in the context of differences of opinion between the two houses. That is, there is no provision for a joint session of both houses.
> This emergency has not been imposed in India till date.
The time limit for a financial emergency is 6 months. It can be extended for another 6 months by a Parliament resolution. There is no maximum time limit for this.
> The President can revoke it by an ordinary proclamation or the Parliament can revoke it by an ordinary resolution.
**Changes that occur:**
> Except for the President, the salaries and allowances of all types of government employees in the country, including the judges of the S.C and H.C, can be reduced.
> If the Center requests, the states must send copies of their budgets to the Center.
> The states must follow the financial instructions of the Center, including austerity measures.
>> Article 215 - The Center suspends the assistance measures to the states.
> Laws made during this period remain in force for 6 months after the ending of emergency.
**Criticism of Emergency Powers:**
> "Emergency powers are likely to lead to the establishment of an authoritarian and dictatorial state in our country"
- K.T. Shah
>> The peace established by using emergency situations is reminiscent of the peace of a graveyard"
- H.V. Kamath
> "356 Article, state governments, and other topics are harmful for our federal system"
- Pandit Hridayanath Kunjru
Downloaded at : www.ourstudycircle.in
C
==End of OCR for page 16==
==Start of OCR for page 17==
> "Emergency powers are like a robbery on our constitution by the President according to constitution" – Allen Gledhill
> "Emergency powers are like a life-saving medicine and protective shields to save the Indian Constitution from the brink of danger"
- Alladi Krishnaswamy Iyer
> "The Indian Constitution provides the means to protect itself when faced with difficult situations... Emergency powers"
- Dr. B.R. Ambedkar
"Article 356 is like a dead letter"
- Dr. B.R. Ambedkar
> "Article 356 is like a death warrant for state governments."
> "National sovereignty is greater than individual freedom"
- Dr. B. R. Ambedkar.
**President's Discretionary Powers:**
> When no party gets a clear majority in the Lok Sabha elections, the appointment of the Prime Minister
is based on president's discretion.
> When the ruling government loses its majority in the Center, in the context of appointing a new government.
> When the ruling government in the Center loses power, either giving a chance to an alternative government or dissolving that house and calling for elections depends on the discretion of the President.
> "Regarding the bills passed by the Union Council of Ministers or Parliament, the President can use Pocket veto
> When the Governor sends the bills passed by the State Legislatures for the President's consideration, the President can use his discretionary powers.
153
==End of OCR for page 17==
==Start of OCR for page 18==
**Opinions of Prominent Persons on the Office of the President:**
* "The office of the President can be compared to the British Crown. Because they
are only the rulers of the country, not the administrators" - Ambedkar
* "Since India follows the parliamentary system, the President acts only on the advice of the Council of Ministers headed by the Prime Minister."
- Dr. Babu Rajendra Prasad
* "The office of the President is a symbol of the unity of the country, the President plays an important role in the progress of our country."
- Sarvepalli Radhakrishnan
* The President can act as a friend, guide, and philosopher.
* "The Indian Constitution has entrusted administrative powers to the Union Council of Ministers. Although the President does not actually exercise important powers,
our Constitution has given them special respect and importance."
- Jawaharlal Nehru
* "The position and importance of the President depend on the exercise of the discretionary powers granted to him by our Constitution."
- M.V. Pylee
* "After the 42nd and 44th Amendments, the position of the President has become even more nominal"
- M.P. Jain
> 1974 Shersingh vs. Government of India, Justice V.R. Krishna Iyer of SC Bench -said that the president has to work on the advises of the central cabinet.
==End of OCR for page 18==
==Start of OCR for page 19==
**Presidents of India**
**1. Dr. Babu Rajendra Prasad [1950-62]:**
> Longest serving, served twice as President.
> The first person to become President without holding the office of Vice President.
> Disagreed with the Union Council of Ministers on the Hindu Code Bill and sent the bill back for reconsideration.
> Put pressure on the Central Government to make Hindi the national language.
> Proposed that the President should act independently without being bound by the advice of the Union Council of Ministers.
> Authored "India Divided".
**2. Dr. Sarvepalli Radhakrishnan [1962-67]:**
> Known as the Philosopher President.
> The first person to become President after serving as Vice President.
> The first person to become President after serving as an ambassador.
> During the 1962 war with China, he put pressure on the government to remove V.K. Krishna Menon from the Union Council of Ministers due to his excessive remarks.
> Authored "Hindu View of Life" and "An Idealist View of Life".
> The first President elected from South India.
**3. Dr. Zakir Husain [1967-69]:**
> The second person to become President after serving as Vice President.
> The first Muslim President.
> The person who served as President for the shortest time. The first President to die in office.
155
==End of OCR
==Start of OCR for page 20==
4. V.V. Giri [1969-74]:
Elected with the narrowest majority.
The only President elected through the second count, i.e., 2nd preference votes.
Elected as an independent candidate without the proposal of political parties.
Sent back the controversial Labor Bill.
Publicly commented on the increasing corruption in the Central and State governments.
Appeared before the S.C in the dispute regarding his election and presented his case.
3rd person to become President after holding the office of Vice-President.
5. Fakhruddin Ali Ahmed [1974-77]:
2nd Muslim President.
2nd person to die in office.
It is criticized that the president signed on the proclamation of internal emergency in 1975, based on the advice of Indira Gandhi alone.
The 2nd person who became president without serving as vice-president.
6. Neelam Sanjeeva Reddy [1977-82]:
The only President elected unanimously.
The only person to become President after serving as the Speaker of the Lok Sabha.
The first person to become President after serving as Chief Minister.
The youngest person to become President (62 years).
It is criticized that he did not follow any constitutional procedures while dissolving the Janata state governments in 1980.
It is also criticised that he did not call Jagjivan Ram to take charge after the fall of Charan Singh government in 1979.
The 3rd person to become President without being Vice-President.
7. Giani Zail Singh [1982-87]:
The first Sikh President.
The 4th person to become President without being Vice-President.
Operation Bluestar took place.
==End of OCR for page 20==
**Page 1**
* After Indira Gandhi's assassination, without following any parliamentary traditions, Rajiv Gandhi was appointed as Prime Minister, which is criticized.
* He used the 'Pocket Veto' power on the controversial Postal Bill.
* He sought an explanation from the central government regarding the Bofors scandal.
8. **R. Venkataraman [1987-92]:**
* "My Presidential Years" (author).
CITY XEROX
1-10 237/A/1, Ashoknagar,
HYDERABAD-500 020.
Cell: 9704138226
* In 1989, when no party had a clear majority in the Lok Sabha elections, he established the tradition of inviting the leader of the single largest party to become Prime Minister.
*The oath of the office by the first coalition government was held.
* He sent back the bill to increase the salaries of Members of Parliament for reconsideration.
* In 1991, after Rajiv Gandhi's death, he proposed the formation of a national government [for government formation].
* Vice President → President [4th person]
9. **Dr. Shankar Dayal Sharma [1992-97]:**
* He is known as the "Politician President"
* Vice President → President (5th person).
* Governor (Andhra Pradesh) → Vice President → President.
* He sent back the bill regarding reservations for Dalit Christians.
* He sent back the decision of the central government to reduce the election campaign period from 20 days to 14 days for reconsideration.
* The demolition of the Babri Masjid happened during his tenure.
* When no party had a majority, he appointed Vajpayee, the leader of the single largest party, as Prime Minister in 1996.
**Page 2**
10. **K.R. Narayanan [1997-2002]:**
* The first Dalit President.
* Vice President → President (6th person).
* He was the first President to exercise his voting right (in the Parliamentary elections) while in office, as an ordinary citizen.
* He established the tradition that when forming a government at the center, those who support it must first give their letters of support to the President.
* He received the 'Best Statesman' award from the American government.
* He sent back the recommendation of the center to dismiss Kalyan Singh's government in UP for reconsideration.
* He was elected President with the highest majority.
* He sent back the recommendation of the NDA government to dismiss Rabri Devi's government and impose President's rule.
* He sought an explanation from the Center about the attacks on minorities in Gujarat and other parts of the country.
11. **A.P.J. Abdul Kalam [2002-07]:**
* He became President without any political background.
*He is known as the "Scientist President".
* In 2002, he sought an explanation from the central government regarding the amendments to the "Representation of the People Act".
*In 2006, he sent it for reconsideration
* He exercised his voting right in the Delhi Assembly elections while in office.
* He was the 5th person to become President without being Vice President.
* He is the author of "Wings of Fire".
* He is the "Father of Indian Missile Science".
**Page 3**
12. **Pratibha Patil [2007 - Present]:**
* The first female President [of Maharashtra].
* She was the only person to become President after being the Deputy Chairperson of the Rajya Sabha.
* Before becoming President, she served as the Governor of Rajasthan.
* She defeated Bhairon Singh Shekhawat to become President.
* She rejected the recommendation of the then Chief Election Commissioner N. Gopalaswami to remove Election Commissioner Naveen Chawla, based on the advice of the central government.
* She recently rejected the Gujarat Control of Terrorism and Organised Crime Act, based on the recommendations of the center.
* She has not served only as Chief Minister & Vice President.
* She is the 13th President of India and the 12th person.
* The first woman to contest for the post of President - Captain Lakshmi Sahgal
* Vice President → President:
1. Sarvepalli Radhakrishnan
2. Zakir Husain
3. V.V. Giri
4. R. Venkataraman
5. Shankar Dayal Sharma
6. K.R. Narayanan
* Became President without being Vice President:
1. Babu Rajendra Prasad
2. Fakhruddin Ali Ahmed
3. Neelam Sanjiva Reddy
4. Giani Zail Singh
5. Abdul Kalam
6. Pratibha Patil
*Those who held the office of Vice President, but did not become President.
1. G.S. Pathak
2. B.D. Jatti
3. Mohammad Hidayatullah
4. Krishan Kant
5. Bhairon Singh Shekhawat
**Page 4**
* Acting Presidents:
1. V.V. Giri
2. Mohammad Hidayatullah
[He served as Acting President twice]
3. B.D. Jatti
* State that provided most of the Presidents - Tamil Nadu
* State that provided the most Prime Ministers - Uttar Pradesh
**Vice President:**
* Article 63 deals with the Vice President.
* The Constituent Assembly proposed the establishment of the office of Vice President.
*Our country borrowed it from the US.
* Article 66 states that the Vice President is elected by an 'Electoral College' through proportional representation.
* Members of the Rajya Sabha and Lok Sabha constitute the 'Electoral College'.
* The Election Commission of India conducts these elections.
* The parliament has power to ammend regarding vice president election.
* Until 1962, the election of the Vice President was held through a joint session of both houses by open voting.
* Since 1962, this election has been conducted through secret ballot.
Qualifications:
1. Must be a citizen of India.
2. Must be 35 years of age.
3. Must be eligible to be elected to Parliament.
4. Should not hold any office of profit under the central or state governments.
* According to the amendments made to the election law in 1997, the following qualifications must be met.
**Page 5**
1. Must be able to pay a deposit of 15,000/-.
2. Must be proposed by 20 electors (members of the Electoral College) and seconded by another 20.
* Only those who receive 1/6th of the votes polled will get their deposit money back.
* Disputes related to the elections of the President and Vice President are dealt with by the Supreme Court as per Article 71.
* In 1957 and 1974, the Supreme Court ruled that even if there are vacancies in the 'Electoral College', the elections of the President and Vice President can be held.
* The term of office of the Vice President is 5 years. But as per Article 68, the Vice President can continue in office until the election of the Vice President.
* The constitution does not specify how long after the office of Vice President becomes vacant for any reason, the election should be held.
* Article 69 - The Vice President takes the oath of office before the President.
* The Vice President submits his resignation to the President.
* In 1969, through amendments made to the law governing the discharge of duties of the President and Vice President, if the office of the President is vacant, the resignation should be submitted to the Chief Justice of the Supreme Court. [The resignation letter should be addressed only to the President]
Salary and Allowances:
* There is no mention of the salary and allowances of the Vice President in the Constitution.
* Article 97 - The Vice President receives salary only as the Chairman of the Rajya Sabha.
* Their salary and allowances are determined by Parliament.
* Salary and allowances are not subject to Income Tax. There is no opportunity for voting in Parliament on these.
* Currently, the salary of the Vice President is: 1,25,000 rupees.
**Page 6**
Removal [Article 92]
*The Vice President can be removed with the general majority of both the houses.
*He can be removed on charges of incompetency and misbehavior.
*The resolution to impeach the Vice President can be moved only in Rajya Sabha.
*Atleast 50 members signed resolution should be given to the speaker 14 days before.
*During the discussion, Vice President can attend, but cannot preside.
*The Vice President does not have the right to vote on no-confidence motion.
*Even when there is a tie, Vice president cannot vote.
Powers and Duties.
*Article 64- The Vice President acts as the chairman of Rajyasabha.
[This is borrowed from America]
*Article 65- When the President position is vacant for any reason, the vice President acts as the temporary President.
a)When the vice president acts as the temporary President, he should not preside over the rajyasabha meetings.
*)When acting as the temporary President, Vice President gets the same salary and allowances as the President.
*Temporary President is sworn in the presence of the CJI.
*As a chancellor of various universities in India, he appoints Vice-Chancellors.
*He acts as the chairman of the committee, that awards the Bharat Ratna and other Padma awards.
z)Article 10- The Vice President, due to other reasons, can also discharge the duties of the president.
Ex: In 1962, due to severe illness, when Babu Rajendra Prasad was in the German Hospital, Sarvepalli acted as the President.
**Page 7**
Vice-Presidents:
1. Dr. Sarvepalli Radhakrishnan[1952-62]
2.Zakir Hussain[1962-67]
3.V.V.Giri[1961-69]
4.G.S.Pathak[1969-74]
5.B.D. Jatti[1974-79]
6.Mohammad Hidayatullah[1979-84]
7.R. Venkataraman[1984-87]
8.Shankar Dayal Sharma[1987-92]
9. K.R. Narayanan[1992-97]
10.Krishan Kant[1997-2002]
11.Bhairon Singh Shekhawat[2002-07]
12.Hamid Ansari[2007-present]
*Dr.Sarvepalli Radhakrishnan, worked as the Vice President for most time and twice.
*V.V.Giri worked as the Vice President for the shortest time.
*First Dalit Vice President - K.R. Narayanan
*Person who died while holding the post- K. Krishan Kant
*The person who was holding the post and participated as presidential candidate, but failed- Bhairon Singh Shekhawat.
*Present vice President is 13th by office, and 12th by person.
*Hamid Ansari won against Najma Heptulla.
*In the last Vice President election, Rashid Masood competed as the candidate of the UPNA.
*Indian Vice president is compared to wales Crown Prince-Dr. B.R. Ambedkar.
*"Due to his intelligence and personal morals, as well as his respect and because of his behavior, the Presidents and Prime Ministers, in various matters, used to seek his advice"-Norman D. Palmer.
**Page 8**
Central Council of Ministers.
[74,75,77,78 Articles]
*In the Governance of the country, with Prime Minister as the Head, the Central Council of ministers, performs the actual administrative powers.
*Due to our country's adoption of Parliamentary system, with Prime Minister as the head, the cabinet is crucial and true to the country's governance.
Article 53- The governance of the country can be done by the President, himself or with the help of other officers.
Article 74(1)- To help and provide suggestions to the President, in the governance of the country, with Prime Minister as the head, the Central Council of ministers works.
*In 1976, the Indira Gandhi Government, through 42nd amendment, added a provision, that it is mandatory for the president to adhere to the suggestions by the council of ministers.
*In 1978, through the 44th Amendment, Janata Government, changed the 42nd amendment, stating that it is not necessary for the president to follow the advice, but can send it for reconsideration; If the council passes the same resolution for the second time, then the president must accept it.
Article 74(2)- It is prohibited to question the advice of the council of ministers to the President in the court of law.
*Advice of the council of ministers will not come under RTI.
Article 75(1)- President appoints the Prime minister and other ministers with the advice of the Prime minister.
*When no party or coalition gets majority in Lok Sabha, the President uses his discretion to appoint Prime Minister.
Article 75(A) - The Council of Ministers will hold the office, till they have the trust of the president.
*President can dismiss the council of ministers.
*Ministers, individually, are responsible to the President.
**Page 9**
*Article 75(3)- The Central Council of ministers are collectively responsible to Lok Sabha.
*As long as they have the trust(majority) in the Lok Sabha, the Central Council of Ministers stays in power. 8)
Article 75(4)-The Central Council of Ministers swear in the presence of the President.
Article 75(5)-People, working as central ministers, should be members of the parliament.
If the non-MP's are appointed as Ministers, in 6 months, they have to be elected or nominated to the Parliament.
*In Kapoor Vs. Tamil Nadu Government case, the SC said that the people who are not eligible to be the members of Parliament at central and MLA's at states cannot be appointed as Ministers.
Article 75(6)- The Parliament decides the salaries and perks of the Central Council of Ministers.
Article 77(1)- Total administration of India must be done by President.
Article 77(2)-It is prohibited to question in any court of law that the administration is carried out by the President.
*The orders by various departments ministers, should also be issued in the name of the President.
Article 77(3)- The President allocates ministries, to the central ministers, with the advice of the Prime Minister.
Article 78(1)-The Prime Minister informs the President about the decisions of the Central Council of Ministers.
Article 78(2)-The President can ask the Central Council of Ministers to inform him/her of their decisions.
*When President Zail Singh asked PM Rajiv Gandhi for explanation about the purchase of Bofors weapons, as the government did not give the information, it has led to constitutional controversy.
Article 78(3)-The President can ask for clarification about whether the ministers' statements are their personal statements? Or the joint decision?
**Page 10**
Prime Minister.
In a Parliamentary government, Prime Minister is the real authority.
*Although all the governance of the country is done in the name of the President, he acts only with the advice of the council of Ministers, headed by the Prime Minister.
*In the 1955 Ram Jawaya Kapoor vs Punjab Government case, the Supreme Court stated that the President must act only with the advice of the Council of Ministers.
*In the Shamsher Singh vs Indian Government case, the SC ruled that the President must act according to the suggestions and advice of the Council of Ministers.
*Dr. B.R. Ambedkar, "The Prime Minister of our country can be compared to the President of America."
*Ambedkar described the Prime Minister, "He is like a pillar for the Parliament building."
Head of the Council of Ministers.
*Acts as the leader of the council of Ministers.
*With the Advice of PM, President appoints ministers.
*With the advice of PM, President, allots ministries to the Ministers and also dismiss them.
*President of the council of Ministers.
*Prepares the Agenda that needs to be discussed.
*If PM resigns, then the total council of Ministers will be dissolved.
*PM should submit his resignation to the President. But for parliament membership, he should submit the letter to the speaker of the house of which he/she is a member.
Leader of Lok Sabha.
*The Leader of a party or coalition that got the majority in Lok Sabha, will be appointed as Prime Minister by the President.
*The Central council of Ministers are collectively responsible to Lok Sabha, meaning, the leader of council, PM, also leads the house.
*With the advice of Prime Minister, the President can dissolve the Lok Sabha.
*If PM is the member of Rajya Sabha, then he can nominate another representative to the house.
Ex: Present(14th) Leader of the Lok Sabha- Pranab Kumar Mukherjee.
**Page 11**
Link between the President and the Council of Ministers:
* By informing the President about the decisions of the Central Council of Ministers, and by informing the Council of Ministers about the opinions of the President, the PM acts as a link between the two.
Leader of the Nation:
* When dealing with foreign countries, the Prime Minister acts as the leader of our country.
* In 1983, Prime Minister Indira Gandhi presided over the 7th Non-Aligned Summit held in Delhi.
*After the death of Indira Gandhi, Rajiv Gandhi led the Non-Aligned Movement.
*Recently, Manmohan Singh's negotiation for Nuclear Deal with America(123 Agreement).
Coordinator of National Administration:
* In coordinating the country's governance, the Prime Minister plays a crucial role by holding the following positions:
(a) Chairman of the Planning Commission.
(b) Chairman of the National Development Council.
(c) Chairman of the National Integration Council.
(d) Chairman of the National Security Council.
(e) Chairman of the Inter-State Council.
(f) Chairman of the meeting of Chief Ministers of all states.
(g) Chairman of the National Population Control Board.
*He plays an Important role in appointing various committees on the issues that the country faces.
*He leads the screening committees that suggest names for NHRC, CVS (Vigilance), tribunals - chairpersons, and Right to Information Act Commissioners.
*Lord Morley described the Prime Minister as "Primus inter pares".
*"The Prime Minister is like the foundation stone for the cabinet building"-Laski.
*Lord Munro
**Page 12**
*"The Prime Minister is like the moon among the stars" - William Vernon Harcourt.
*"The Prime Minister is like a captain who steers the ship of parliamentary government." - Ramsay Muir
*"The Prime Minister is like a star that revolves around many planets." - Sir Ivor Jennings
*"It is not true to say that the Prime Minister is first among equals; The Prime Minister is the one with the authority over others"- JR Dudal.
*"If we look at the authority and Importance given to the Prime Minister, there is a threat that they might become dictators"- Dr. K.T. Shah.
Indian Prime Ministers
1. Jawaharlal Nehru [1947-64]:
* First Prime Minister of India.
* Served as Prime Minister for the longest time (16 years, 286 days).
* Architect of India's foreign policy.
* He signed the Panchsheel Agreement with Chou En-lai of China.
* The architect of democratic socialism.
* He was called the maker of modern India.
* He initiated the Panchayati Raj system in 1959.
* Due to the war with China in 1962, the first National Emergency was declared in our country.
* He practically demonstrated the secularism ideology.
* He wrote books like, "Discovery of India", "Glimpses of World History."
*Architect of mixed economy. The first Prime Minister to die in office.
* 4.
**Page 13**
2. Lal Bahadur Shastri [1964-66]:
* The first person to serve as a Union Minister without any portfolio.
* He gave the slogan "Jai Jawan, Jai Kisan".
* He signed the "Tashkent Agreement" with Pakistan (Ayub Khan).
* The only Prime Minister to die abroad.
* The 2nd Prime Minister to die in office.
* He resigned from his ministerial post (Railway Ministry) taking moral responsibility for a train accident that took place in Karnataka.
* The first person to become Prime Minister after serving as a Union Minister.
(After Nehru's death in 1964 and after Lal Bahadur Shastri's death in 1966 (twice), Gulzarilal Nanda was the only person to serve as acting Prime Minister.)
3. Indira Gandhi [1966-77 and 1980-84]:
* First female Prime Minister.
* The first person to become Prime Minister as a member of the Rajya Sabha.
* Served as Prime Minister for the longest time through general elections (15 years, 303 days).
* She took the oath of office as Prime Minister 4 times.
* The only Prime Minister to be assassinated while in office and the 3rd person to die in office.
* The person who lost after contesting in the general elections while being Prime Minister.
* She gave the slogan "Garibi Hatao".
* She introduced the 20-point program.
* Nationalization of banks and abolition of privy purses were important.
*She gave "Anyaay Hatao" slogan
* She imposed the "National Emergency" the most times.
* Most of the constitutional amendments were done.
* The reshuffle of Chief Ministers and Governors was also done the most during her time.
* Article 356 was used the most (many times).
* In 1971, a 20-year peace treaty was signed with Russia.
**Page 14**
* In 1972, she signed the "Simla Agreement" with Pakistan (Zulfikar Ali Bhutto).
* In 1974, India's first nuclear tests were conducted at Pokhran.
* In 1975, the Allahabad High Court ruled that Indira Gandhi's election was invalid.
* The "Operation Blue Star" took place during her tenure.
* The 9th Asian Games were held in 1982.
* She faced a special court trial on the charges of internal emergency imposed in 1975.
* She was arrested and detained for 3 days.
* The fourth person to be both a Union Minister and Prime Minister. After the 1969 Congress split, she led the first minority government.
4. Morarji Desai [1977-79]:
* First non-Congress Prime Minister.
* He led the first coalition government in the country.
* He presented the budget the most number of times (8 times) in Parliament.
* He introduced the rolling plan.
* He appointed the Ashoka Mehta Committee to revitalize the Panchayati Raj system and local bodies.
* He appointed the 2nd Backward Classes Commission (Mandal Commission).
* He decided to follow the true non-aligned policy.
* The first person to become Prime Minister after being Chief Minister.
* He resigned from the Indira Gandhi government protesting against the devaluation of the rupee.
* The only Prime Minister to appoint two Deputy Prime Ministers.
* Third person to be both Union Minister and Prime Minister.
* The first Prime Minister to resign from office.
**Page 15**
5. Charan Singh [1979-80]:
* The first person to propose a no-confidence motion in Parliament.
* He resigned without setting foot in Parliament.
* He was known as the farmer's friend.
* He founded the "Samyukta Vidhayak Dal (SVD)".
* Second person to be both Chief Minister and Prime Minister.
*Fourth person to be both a union minister and prime minister.
6. Rajiv Gandhi [1984-89]:
* Became Prime Minister at the youngest age (42 years).
* The Prime Minister who won the most seats (401) in the Lok Sabha.
* He introduced the new education policy.
* He gave the slogan "Bekari Hatao".
* He introduced the Anti-Defection Law.
*First ever government of Brahmacharis in the world.
*60 members were bachelors in the Assam Government.
* He reduced the voting age limit from 21 years to 18 years.
* He introduced Information Technology.
* He established the Africa Fund.
* The "Assam Accord" took place during his tenure.
* He sent the IPKF-Indian Peace Keeping Force to Sri Lanka.
* He reshuffled the Union Cabinet the most number of times (13 times).
* The "Gorkhaland Agreement" (Punjab Agreements) took place.
* The Bofors and Fairfax scandals came to light.
* He appointed the L.N. Singhvi Committee to give constitutional status to Panchayati Raj and local self-governing bodies.
**Page 16**
7. Vishwanath Pratap Singh [1989-90]:
* Third person to be both Chief Minister and Prime Minister.
* Fifth Person to be both a union minister and prime minister.
* He established the "Jan Morcha" against corruption.
* He initiated the implementation of the Mandal Commission recommendations.
* He established the Inter-State Council in 1990.
* He appointed the Dinesh Goswami Committee for electoral reforms.
* He lost power due to the withdrawal of support by the BJP in the "Ram Janmabhoomi-Ayodhya" dispute.
* The first Prime Minister to lose power through a "vote of confidence".
* He led the National Front government.
* The National Commission for SCs and STs was established.
* He resigned from the Rajiv Gandhi government in opposition to the Bofors and Fairfax scandals.
8. Chandra Shekhar [1990-91]:
* He became Prime Minister without holding any office at the center.
* He was known as "Young Turk" in Indian politics.
* A person known for political foot marches in India.
* He was the pioneer of political foot marches in India.
9. P.V. Narasimha Rao [1991-96]:
* First Telugu and first South Indian Prime Minister.
* He became Prime Minister without being a member of any house in Parliament (1st person).
(Later elected to the Lok Sabha from Nandyal.)
* He continued in power for a full term leading a minority government.
* Economic reforms were introduced in India during his tenure.
*He introduced "Look east policy"
West - Developed Countries.
East-
**Page 17**
* He gave the slogan "Desh Bachao, Desh Banao".
* He was a polyglot (14 languages).
* He faced the no-confidence motion the most number of times (8 times).
* He was the Sixth person who was a central minister and became prime minister
* Fourth Person who was a CM and became PM.
* The demolition of the Babri Masjid took place during his tenure.
* He faced 3 years of imprisonment (jail) in the Lakhubhai Pathak cheating case.
(The Special Court imposed it, but the Delhi High Court quashed it.)
* He is the author of "The Insider".
10. Atal Bihari Vajpayee [15 days in 1996 & 13 months in 1998 & 1999-04]:
* He formed the government with the support of the most parties at the center.
* He led the NDA coalition from 1999-2004.
* He lost power by one vote through a no-confidence motion.
* He proposed a confidence motion and resigned without voting.
* The 2nd nuclear tests were conducted at Pokhran in 1998.
* He effectively faced the Kargil War.
* He tried to reach a strategic agreement with the United States.
* He started the "Lahore Bus Diplomacy" to establish friendly relations with Pakistan.
* He gave the slogan "Jai Jawan, Jai Kisan, Jai Vigyan".
* The terrorist attack on Parliament took place in 2001.
* He was the first person to address the United Nations General Assembly in Hindi.
**Page 18**
11. H.D. Deve Gowda [1996-97]:
* 2nd South Indian Prime Minister (Karnataka state).
* The second person to become Prime Minister without being a member of any house in Parliament.
* Fifth person who was Chief Minister and became prime minister.
* He led the United Front government formed by 13 parties.
* He held power through the 3rd coalition.
* He held power with the support of Congress.
* The 2nd Prime Minister to lose power due to defeat in a confidence motion.
* The 2nd person to become Prime Minister as a member of the Rajya Sabha.
12. I.K. Gujral [1997-98]:
* After the fall of the Deve Gowda government, he led the United Front government.
* The 3rd person to become Prime Minister as a member of the Rajya Sabha.
* Seventh person to be both union minister and prime minister.
* He gave a new form to India's foreign policy with the name "Gujral Doctrine".
* He resigned from office due to the withdrawal of support by Congress.
13. Dr. Manmohan Singh [2004 – Present]:
* The 4th person to become Prime Minister as a member of the Rajya Sabha.
* (He was elected to the Rajya Sabha from Assam).
* After Nehru, he is the only person to serve a full term as Prime Minister and be elected for a second term.
* He led the UPA coalition of 17 parties for the first time and the UPA coalition of 13 parties for the second time.
* Eight Person to be both a union minister and prime minister.
* As Finance Minister in the P.V. Narasimha Rao government, he introduced economic reforms and as Prime Minister, he introduced the 2nd phase of economic reforms.
* '15-point program' for the welfare of minorities!
* He faced a confidence test twice in his first term.
**Page 19**
* The "123 Nuclear Agreement" was signed with the United States.
* The Rural Employment Guarantee Scheme was introduced.
* The Madan Mohan Punchhi Commission was set up to examine Centre-State relations.
* A special sub-committee was formed from the Inter-State Council under the leadership of Shivraj Patil and sought appropriate suggestions on Centre-State relations.
**Page 20**
Deputy Prime Minister
* The post of Deputy Prime Minister is not specifically mentioned in the Indian Constitution.
* When there are leaders of equal status in the government or a political party, this post is created according to the circumstances and needs.
| Name | Tenure | Prime Minister |
| ------------------------- | --------- | --------------------- |
| 1. Sardar Vallabhbhai Patel | 1947-50 | Jawaharlal Nehru |
| 2. Morarji Desai | 1967-69 | Indira Gandhi |
| 3. (a) Babu Jagjivan Ram | 1977-79 | Morarji Desai |
| (b) Charan Singh | | |
| 4. Y.B. Chavan | 1979-80 | Charan Singh |
| 5. Devi Lal | 1989-90 | V.P. Singh |
| 6. Devi Lal | 1990-91 | Chandra Shekhar |
| 7. L.K. Advani | 2002-04 | Vajpayee |
* In 1989, when Devi Lal took oath as Deputy Prime Minister, it was challenged in the Supreme Court as unconstitutional. The Supreme Court ruled that since the Indian Constitution does not mention the types and levels of ministers, taking oath as Deputy Prime Minister is not unconstitutional.
**Page 1**
**Kendhra Mantri Mandali (Central Council of Ministers)**
> Because India follows a parliamentary system, the 93 (mantri mandali) council of minister headed by Prime Minister acts as real authority.
> "Parliamentary government is like the rudder of a ship" - Ramsay Muir
> In the Indian Constitution, there is no mention of the ranks, types, and levels of the ministers in the Central Council of Ministers.
> In 1949, the committee formed under the leadership of Gopalaswami Ayyangar, classified them, keeping in mind the types of ministerial departments in force.
a. Cabinet Ministers
b. Rajya Mantrulu (State Ministers)
c. Deputy Ministers
> In the Indian constitution there is no refference regarding the number of ministers
> In 1966, the First Administrative Reforms Commission recommended that the number of members in the Central Council of Ministers should not exceed 10% of the number of members of Parliament. The number of members of the State Council of Ministers should also not exceed 10% of the number of members of the Legislative Assembly.
> By the 91st Amendment in 2003, it was decided that the number of members of the Council of Ministers in the Center and the States should not exceed 15% of the number of members of the Lok Sabha, and in the States, it should not exceed 15% of the number of members of the Legislative Assembly.
> According to Section 1(B) of the 91st Amendment, a person who has been declared ineligible under the Anti-Defection Law cannot be taken into a ministerial position until the end of that government's term.
**Cabinet Mantrulu (Cabinet Ministers):**
> The ministers who handle key departments in the government have the status of Central Cabinet.
> The Cabinet meets once a week.
> The word 'Cabinet' was added to Article 352 by the 44th Amendment in 1978.
> The Political Affairs Committee (PAC) formed from the Cabinet acts as the Cabinet.
> Cabinet Ministers are the final decision-makers in matters related to their respective portfolios.
> Cabinet Ministers, in addition to the 68,000/- salary they receive as MPs, also get...
**(185)**
Downloaded at : www.ourstudycircle.in
**Page 2**
...10,000/- allowance.
**Rajya Mantrulu (State Ministers):**
> Among these, there are two types of సహాయ (sahaya - assistant/support) ministers.
(a) Those with independent charge - For departments that do not have Cabinet-level ministers, assistant ministers with independent charge are appointed.
(b) Those without independent charge - Ministers of this level work entirely as assistants to the Cabinet Ministers.
> These types of ministers do not attend Cabinet meetings. That is, they attend only when invited by the Prime Minister to discuss matters related to their departments.
>Generally parliamentary sabhyula (members) along with salary an additional 7000/- get allowances
**Deputy Ministers:**
> These work entirely as assistants to the Cabinet and State Ministers.
> They attend the full Council of Ministers meetings only on special occasions.
> along with MPs allowances get additional 5000/- .
**Kendhra Manthri Mandali Mukhya Vidhulu (Main Functions of the Central Council of Ministers):**
> It formulates the laws necessary for the administration of the country.
> It is collectively responsible to the Lok Sabha.
> It prepares the text of the President's address to Parliament.
> It formulates the economic policies of the country, including the budget.
> It makes changes in government policies according to the changes in the world.
> It formulates India's foreign policy.
> Article 356 - It oversees the administrative affairs of the states where President's rule has been imposed.
> It fulfills the responsibility of protecting the country from foreign attacks and wars.
>It provides cooperation to the states in maintenance of law and order.
>It gives advice and assistance to the President in managing the countries administration.
> The President exercises his powers only on the advice of the Central Council of Ministers.
Downloaded at : www.ourstudycircle.in
**Page 3**
> The President exercises all emergency powers only on the advice of the Council of Ministers.
> The President recommends the names of all positions appointed constitutionally.
> It performs legislative responsibilities.
**(94)**
**Samishti Badhyata Sutramlo Imidivunna Amsalu (Elements Embedded in the Principle of Collective Responsibility):**
> If a bill introduced by any minister in the Lok Sabha is defeated, the Council of Ministers must resign.
> If the confidence motion introduced by the Prime Minister in the Lok Sabha is defeated, the entire Council of Ministers must resign.
> If the motion of thanks to the President's address to Parliament is defeated in the Lok Sabha, the government must resign.
> If the no-confidence motion introduced by the opposition is passed in the Lok Sabha, the government must resign.
> If private bills (unofficial bills) are passed in the Lok Sabha, the government must resign.
> If the opposition introduces cut motions on budget allocations in the Lok Sabha and they are passed, the government must resign.
> If the Prime Minister's post falls vacant for any reason, the entire Council of Ministers is dissolved.
> Even if the ruling Council of Ministers wins again in the Lok Sabha elections, they have to submit their resignations and take the oath again.
*[In India, the Central and State governments work based on the principle of collective responsibility.]*
**Mantrulu leka Tolaginchabadina Mantrulu (Ministers who resigned or were removed from the Central Council of Ministers due to violation of the principle of collective responsibility):**
1. The person who resigned from the Central Council of Ministers due to differences with Nehru on the Hindu Code Bill - Dr. B.R. Ambedkar.
2. Due to differences with the importance given to, or the structure of, the Planning Commission, resigned - V.V. Giri
3. Resigned due to not liking the economic policies - John Mathai
4. Resigned in opposition to the division of Bombay State - C.D. Deshmukh (187)
Downloaded at : www.ourstudycircle.in
**Page 4**
5. Due to making contradictory statements during the war with China, the person removed from the Central Council of Ministers - V.K. Krishna Menon
6. Resigned in opposition to the Tashkent Agreement signed by Lal Bahadur Shastri with Pakistan - Mahavir Tyagi
7. Due to differences arising on the Three-Language Formula, resigned from the Central Council of Ministers - M.C. Chagla
8. Resigned in protest against the devaluation of the rupee - Morarji Desai
9. Resigned during the Janata government due to the issue of dual membership - Charan Singh
10. Resigned (due to differences with Rajiv) on the issue of Muslim women's marriage, divorce, and maintenance law - Arif Mohammad Khan
11. Resigned due to the Bofors and Fairfax scandals - V.P. Singh
12. After the demolition of the Babri Masjid, due to criticizing P.V. Narasimha Rao for the election results in 4 states, the minister who was removed - Kumar Mangalam
13. Resigned to Vajpayee Government regarding the godhra riots issue - Ram Vilas Paswan
GITY XEROX
1-10-237/4/1, Ashoknagar,
HYDERABAD-500 020.
Cell : 9704138226
Downloaded at: www.ourstudycircle.in
**Page 5**
**Parliamentu (Parliament)**
> India's highest legislative body is Parliament.
> The President, although not a member of Parliament, is considered part of Parliament. (94)
> Article 79 - Rajya Sabha, Lok Sabha, and the President together constitute Parliament.
> The bicameral system was introduced in India through the 1919 Act.
> In 1954, the first Speaker of the Lok Sabha, G.V. Mavalankar, first described the Upper House as 'Rajya Sabha' and the Lower House as 'Lok Sabha'.
> The Indian Parliament was formed in 1952.
**Rajya Sabha:**
> Article 80 - Describes the Rajya Sabha.
> The Rajya Sabha is described as the Council of States, the States' Council, the States' Assembly, the Upper House, and the House of Elders.
> The number of members of the Rajya Sabha is determined by Parliament.
> According to the Representation of the People Act, 1951, the maximum number was fixed at 250.
> The current number of Rajya Sabha members is 245.
> The number of members elected from the states is 229.
> Three from Delhi and one from Puducherry are elected by their respective Legislative Assemblies.
> The President nominates 12 members who are distinguished in the fields of arts, literature, science, and social service.
> The 4th Schedule describes the number of Rajya Sabha members.
>Initially based on population and area, members where elected to different states.
> Article 89 - Although it mentions the term of the Lok Sabha, there is no mention of the term of the Rajya Sabha.
CITY XEROX
1-10-237/A/1, Ashoknagar,
HYDERABAD-500 020.
Call: 9704138226
(189)
Downloaded at: www.ourstudycircle.in
**Page 6**
> According to the representation of people Act, 1951 the term of RS is 6 years
> Members of Rajya Sabha neither get elected nor retire at once.
> 1/3rd of the total members of the House retire, and elections are held for an equal number (1/3rd) of seats.
> Because biennial elections are held for the Rajya Sabha, and it cannot be dissolved, this House is called the 'Nirantara Sabha' (Continuous House) and 'Saswata Sabha' (Permanent House).
> The members of the Rajya Sabha are elected by the members of the State Legislative Assemblies through the system of proportional representation.
>Like in America, though representation to states are allocated in our country's RS. Equal representation to all states have not been provided.
>*Rajya Sabha lo Atyadhika Sthanala Kaligivunna Rashtralu (States with the highest number of seats in Rajya Sabha):*
Uttar Pradesh: - 31
Maharashtra -19
Andhra Pradesh -18
Tamil Nadu -18
Paschima (West) Bengal - 16
Bihar - 16
>*Ati Takkuva Sthanalu Rashtralu (States with the lowest number of seats):*
Except assam(1) and other 7 north eastern states, goa has one member each.
> There are no reservations for Rajya Sabha seats.
> The members of the Rajya Sabha take the oath according to Article 99, in the presence of the President or an official appointed by him.
> According to Article 89, the Vice President acts as the Ex-officio Chairman (Adhyakshudu - Chairman) for the Rajya Sabha meetings.
Sabhalo (In house)
Downloaded at : www.ourstudycircle.in
**Page 7**
> Though the Vice President is not a member, he presides over the Rajya Sabha.
> If the Chairman is not present, the Rajya Sabha members elect a Deputy Chairman to preside. (96)
> If both the Chairman and Deputy Chairman are not present, a person elected by the House presides, as declared by the Chairman in the Chairman's Panel.
> If none of the above are present, a person elected by the House presides.
> The minimum number of members required to conduct Rajya Sabha meetings, called 'Quorum', is 1/10th of the total number of members.
> Article 100 - Describes the 'Quorum'.
> The number of members a political party needs to have to be recognized as the opposition in the Rajya Sabha is 1/10th.
> *Rajyasabhalo Modalati Gurtimpu Pondina Pratipaksha Nayakulu (First Recognized Leader of the Opposition in Rajya Sabha):*
- Kamalapati Tripathi (1977): Congress
> *Rajyasabhaku Modati -Chairmanga Panichesina Varu (First to serve as Chairman of Rajya Sabha):*
- Sarvepalli Radhakrishnan
>*Rajyasabha Modalati D.-Chairman : V. Yas. Krishnamurthy*
>
> *Rajyasabha Prastuta Chairman*
>
*"" "" "" Dy. Chairman* : Hamid Ansari (Jammu & Kashmir)
> *Rajyasabha Pratipaksha Neta* : Rahman Khan (Karnataka)
> * "" "" Prastuta Nayakulu* : Dr., Manmohan Singh
> * "" "" "" Nayakulu* : Arun Jaitley
> * " " "" Prastuta Nayakulu* :
>Although the term is not defined constitutionally, they can continue till the end of their term in RS (6 yrs).
> To remove the Chairman and Deputy Chairman from office, a notice of removal resolution must be given to the Speaker 14 days in advance.
(191)
Downloaded at: www.ourstudycircle.in
**Page 8**
> When the Chairman or Deputy Chairmen are facing a no-confidence motion, they cannot preside over the House.
> The Vice President can attend the House when facing a no-confidence motion, but cannot participate in the voting.
> When the Deputy Chairman is facing a no-confidence motion, they can attend the House and participate in the voting as an ordinary member. In this motion, if the votes are tied in the House, the Vice President can use his 'Casting Vote'.
> According to the amendment made in the Representation of the People Act in 2002, candidates contesting for the Rajya Sabha do not need to submit a domicile certificate of that state.
**Rajya Sabha Pratyeka Adhikaralu (Special Powers of the Rajya Sabha):**
> Article 249 - If the Rajya Sabha passes a special resolution (by a 2/3rd majority) that any subject in the State List has national importance, the power to make laws on that subject is transferred from the State to the Center.
>*Example: In 1965, based on a Rajya Sabha resolution on food grains, the Center made a law.*
> The law made by the Center through a Rajya Sabha resolution remains in force for 1 year. If the Rajya Sabha passes another resolution, it can be extended for another year, and so on.
> Article 312 - To create new All India Services in India, the Rajya Sabha must pass a special resolution.
Downloaded at: www.ourstudycircle.in
**Page 9**
> *Example: Sarkaria Commission Suchanalu Dwara (By recommendations of the Sarkaria Commission) IES and IHMS were proposed to be created. IES-Indian Engineering Service, IHMS-Indian Health & Medical Services*
>Even if an emergency situation is proclaimed, if LS is dissolved, RS should accept the Presidents proposal.
> The motion to remove the Vice President from office must first be introduced in the Rajya Sabha.
> In the context of electing Rajya Sabha members, the system of proportional representation used also contains the following elements:
(a) Voting according to preference
(b) Multi-member constituency
(c) Quota system
(d) Vote transfer system
> The value obtained by dividing the number of MLAs of that state by the number of members to be elected from that state is considered as the 'Quota'.
> Example: If the number of members to be elected in AP is '6', the quota value is '49'.
> Karanam (Because) Total MLAs 294.
(193)
Downloaded at: www.ourstudycircle.in
**Page 10**
**Loksabha (Lok Sabha)**
> Article 81 describes the structure of the Lok Sabha
> 83rd article- Lok sabha term is 5 years.
* The president can dismiss before the completion of term
* During National Emergency the term can be extended by 1 year.
* Elections must be conducted within 6 months of the end of emergency.
> *Loksabha Sabhyula Sankhya (Number of members of Lok Sabha):*
Modati Loksabha (First Lok Sabha) (1952) - 489+2
Prastuta (Present) - 543+2
> Current number was fixed by 31st amendment, 1973.
> The current number was determined based on the 1971 census.
> Article 82 - After every ten-year census in the country, the government forms the De-Limitation Committee.
> Based on the recommendations of this committee, Parliament determines the number of constituencies.
> By the 42nd Constitutional Amendment in 1976, it was decided that no changes should be made in the number of seats in Parliament and Legislative Assemblies until 2001.
> 2001 Amendment 84: No change in number of MP, MLAs until 2026.
> After 2026, changes in the number should be made only based on the 2031 census.
> Recently, based on the recommendations of the De-limitation Committee headed by Justice Kuldeep Singh, the constituencies of Parliament and Legislative Assemblies were reorganized.
> 87th Constitutional Amendment (2003) - Reorganized the constituencies based on the 2001 census.
> Constituencies were reorganized geographically and in terms of reservations, but there was no change in the number.
> The reorganization of constituencies is called "Gerrymandering".
> Till date 4 delimitation committes have been formed.
Downloaded at: www.ourstudycircte.in
**Page 11**
> 31st Amendment - Decided that the highest count of Loksabha members is 550+2
- 530 members will be elected from states.
- From the Union Territories, 20 members should be elected; however, currently only 13 members are being elected.
*[Delhi-7, Other 6 regions - 6 members]*
> After the reorganization of constituencies, the largest constituencies in the country by area are: 1. Ladakh (Jammu & Kashmir), 2. Barmer (Rajasthan)
> Smallest constituencies: Dakshina Mumbai (South Mumbai), Vayuvya Mumbai (Northwest Mumbai)
> Largest constituencies by voters: 1. Unnao (Uttar Pradesh), 2. Malkajgiri (Andhra Pradesh)
> Smallest constituencies: Lakshadweep and Daman and Diu
> *Bharata Desamlo Ekkuva Sankhyalo Niyojaka Vargalanu Kaligivunna Rashtralu (States with the highest number of constituencies in India):*
1. Uttar Pradesh - 80
2. Maharashtra - 48
3. Andhra Pradesh - 42
4. Paschima (West) Bengal - 42
5. Tamil Nadu - 39
6. Bihar-36
7. Madhya Pradesh - 29
8. Karnataka - 28
> *Ati Takkuva Niyojaka Vargalu (A Sankhyalo) (Lowest number of constituencies):*
> Sikkim, Mizoram, and Nagaland: One each
> Tripura, Manipur, Meghalaya, Arunachal Pradesh, and Goa: Two each
(195)
Downloaded at: www.ourstudycircle.in
GITY XEROX
1-10-237/A/1, Ashoknagar,
HYDERABAD-500 020.
Cell : 9704138226
**Page 12**
> Due to the recent reorganization of constituencies, the number of seats for SCs and STs in the Lok Sabha has increased by 3. [Reservations]
* For SCs, previously 79 seats, now 84.
* For STs, previously 41 seats, now 47.
> The members of the Lok Sabha take the oath according to Article 99, in the presence of the President or an official appointed by him.
> 'Quorum' members required to conduct Lok Sabha meetings: 1/10th.
> The Parliament has the power to determine the 'Quorum' number for the Indian Parliament (Article 100).
> To be recognized as the Leader of the Opposition in the Lok Sabha, the number of members a party needs to have is 1/10th.
> *Loksabhalo Gurtimpu Pondina Mottamodati Pratipaksha Neta (First Recognized Leader of the Opposition in Lok Sabha):*
- Y.B. Chavan [Congress]: 6th Lok Sabha [1977]
> The recognized Leader of the Opposition was given the status of a Cabinet Minister.
> Leader of the main opposition party in the 14th Lok Sabha: L.K. Advani
> 15th "" "" "" and leader: Pranab Kumar Mukherjee
> 15 " " " " "" "" Nayikuralu (Female Leader): Sushma Swaraj
> 14th & 15th Lok Sabha's house leader: Pranab Kumar Mukharjee.
> *Bharata Pourulai Undali (Must be a citizen of India).*
>*Parlamentuku Poticheyutaku Kanisa Arhatalu (Minimum Qualifications to Contest for Parliament):*
> Should not be employed in a position of profit under the Central or State governments.
> To contest for the Lok Sabha, one must be 25 years old, and for the Rajya Sabha, 30 years old.
> General candidates must deposit 25,000/-; SC/ST candidates must deposit 12,500/-.
>Should have not been prisoned more than 2 years
> Should not be a director in a company with 25% government investment.
> Should not have been convicted under the SC/ST Atrocities Act, 1989.
> Should not have been convicted under the Civil Rights Act, 1976.
> Should not have been disqualified by the Election Commission for not submitting the audit report of election expenses.
> Should not have been disqualified by the Election Commission for violating the Representation of the People Act.
Downloaded at : www.ourstudycircle.in
**Page 13**
> should not be a person disqualified.
> According to 99th amendment, an affidavit containing their personal details is to be submitted.
> As per section 3rd schedule, before returning officer the oath has to be taken
> *Jitabatyaalu (Salaries):*
> Article 106 - The salaries of the members of Parliament are determined by Parliament itself.
> These are not subject to IT and cannot be voted on in Parliament.
> Current monthly salary of MPs - 16,000/-.
> With other allowances, they receive 68,500/- per month.
> Monthly pension received after retirement - 6,000/-
> In 2006, the Indian Parliament amended the MPs' Salaries and Allowances Act, 1954, and according to that, anyone who has worked as an MP is eligible for pension.
>*MP lanu Anarhuluga Prakatinche Sandarbhalu (Situations in which MPs are declared ineligible):*
> A person cannot be a member of both Houses at the same time. Article 101.
> A person elected to both Houses must inform the Speaker within 10 days which House membership they want to retain. Otherwise, they will retain the membership they held *earlier* and lose the membership they were subsequently elected to.
> If a person is elected to a House from two constituencies at the same time, they must inform within 10 days which constituency's membership they wish to retain. Otherwise, the Speaker will decide at his discretion.
>If parliament members get elected to state assemblies, within 14 days they have to declare, else they will loose membership from assembly.
>If MPs get elected to any other position, within 10 days of time, MPship will be cancelled
>Article 102 - An MP will loose his membership, if he doesnt attend the session for 60 continuous days without speakers permission.
(197)
Downloaded at : www.ourstudycircle.in
**Page 14**
> Dr. Subramanian Swamy lost his membership
> Members who have won from one party, if they violate Party Discipline, the speaker can dismiss the person.
> In 1993, Supreme court had made a decision that, S.C has the right of Judicial Review in the decision taken by speaker of Loksabha.
> In the Cash for query, 11 MPs where disqualified and Supreme Court justified the parliament's decision
> *Padhavulu*
> Article 103 - The president disqualified Jayabachhan's RS membership on the basis of Election Comission suggestions.
> Article 105- Explains about the special rights of Parliament members.
> Before 40 days of commencement of parliament session and 40 days after completion of parliament session, members cannot be arrested without speaker's permission.
> This rule doesnt apply to P.D act and Criminal cases arrest.
> The editor of Blitz magazine Mr.Karanjia and Mr. K.K Awari were called to the RS and were made to say sorry for publishing news about the Parliament.
> Article 120 - Parliamentary dealings are done in English and Hindi.
* With the speakers permission, members can speak in their mother tongue.
> Article 122- Parliamentary dealings cannot be questioned in any court.
Downloaded at : www.ourstudycircle.in
**Page 15**
**Loksabha Speaker**
> Presides over the sessions of Loksabha - Loksabha Speaker. 100
> Speaker is elected by the members of Loksabha
> Speaker post is taken from Britain
> Speakers are 4 types
(a). Pro-tem speaker:
* After Loksabha elections, to hold the session of Newly elected Lok Sabha, pro-tem speaker will be appointed.
* President will appoint the Senior most member in the LS as Pro-tem Speaker.
* This is tradition taken from France
* Pro-tem speaker will conduct the oath taking ceremony of newly elected members.
* Pro-tem speaker will be a temporary speaker until a new speaker is elected for the house.
* First Loksabha Pro-tem Speaker - G.V. Mavalankar
* 15th Loksabha Pro-tem Speaker - Manikrao Gavit.
(b) Deputy Speaker
* When Loksabha speaker cannot attend the sessions, Deputy speaker will act as a presiding officer. He is also elected by Loksabha.
* From 1967, this post is allocated for opposition (anavayiti - convention/tradition).
* First Loksabha Deputy Speaker - Ananthashayanam Ayyangar.
* 15th Loksabha "" - Karia Munda [BJP-Jharkhand]
(c) Panel Speaker:
* When Speaker, Dy. Speaker are unable to conduct the sessions. Temporary speakers are appointed and these are called Panel Speakers.
* List of Panel speakers is announced by the Speaker.
* If Speaker, Dy.Speaker, Panel Speakers cannot attend the sessions, then the person elected by the house will preside the sessions.
Downloaded at : www.ourstudycircle.in
(199)
**Page 16**
(d) Speaker
* Presiding officer of the Lok Sabha sessions, the Speaker's role is crucial in the conduct of parliamentary affairs.
* In Britain, a person elected as Speaker resigns from their party membership, it is a *paddati/sampradayam (tradition/convention)*.
* In India, following this practice, the only person who resigned from his party membership after being elected as Speaker is - Neelam Sanjeeva Reddy.
> Even if the Lok Sabha is dissolved, the Speaker's post is not dissolved. They continue in office until the new Lok Sabha is formed and the first meeting is held.
> First Lok Sabha Speaker - G.V. Mavalankar
> Longest-serving Speaker - Balram Jakhar [1980-89]
> The person who became Speaker through election and served for the shortest time - Baliram Bhagat [1976-77]
> Current Lok Sabha Speaker - Smt. Meira Kumar
> She is also the first woman Speaker.
> Elected from 'Sasaram (Bihar)'.
> The Speaker's salary is determined by Parliament.
> Current Speaker's salary: 1,25,000/-
> It is not subject to IT. It is paid from the Consolidated Fund (of India). It cannot be put to vote in Parliament.
> The Speaker & Dy. Speaker take the oath as members of the Lok Sabha before the 'Pro-tem Speaker'.
> There is no separate oath-taking for Speaker & Dy. Speaker.
> The Speaker submits his resignation to the Dy. Speaker, and the Dy. Speaker submits his resignation to the Speaker.
> A no-confidence motion can be introduced against the Speaker and Dy. Speaker.
> The no-confidence motion notice must be given to the Speaker 14 days in advance. At least 50 members must sign the notice.
> Those against whom the no-confidence motion is introduced cannot preside over the House.
> The Speaker & Dy. Speaker can vote in the first instance, i.e., as ordinary members, on the no-confidence motion against them.
> If a no-confidence motion is introduced against the Dy. Speaker, and if the votes are tied,
Downloaded at: www.ourstudycircle.in
**Page 17**
...the Speaker occupying the chair can use his Casting Vote.
> Similarly, If it is for speaker and if the votes are tied, Dy. Speaker can use his casting vote.
**Speaker Adhikaralu -Vidhulu (Speaker's Powers and Functions):**
> Presides over and conducts the Lok Sabha meetings.
> The Speaker's permission is mandatory to introduce any bill in the Lok Sabha.
> Without the Speaker's permission, no members of the *ruling or opposition* can speak.
> When chaotic situations arise in the House, the Speaker declares his ruling to restore a peaceful atmosphere. Members must follow it.
> Members who violate discipline and disrupt the decorum of the House can be suspended from the House.
> Gives recognition to political parties in the Lok Sabha.
> Whether to include or remove the content in the house records lies in the decision of the speaker.
> Can *adjourn* Lok Sabha meetings.
> Can adjourn the Lok Sabha *sine die* (indefinitely).
> Decides whether a bill is a money bill or not.
> Presides over joint sittings of both Houses.
> If votes are tied in joint session, Speaker can use his casting vote
> Officially announces Presidents resgination
> The Speaker is described as the protector of the rights of the members of Parliament.
> Acts as the liaison between Parliament and the President.
> Even if the Lok Sabha is dissolved, the Speaker's post is not dissolved.
> According to the Anti-Defection Law, the Speaker can disqualify MPs who defy the whip or change parties.
> The Speaker presides over the conference of Speakers held in the country.
> In global parliament forum, speaker represents our country or sends representative.
(201)
Downloaded at: www.ourstudycircle.in
**Page 18**
> Speaker appoints Chairman for 16 standing committes formed from 24 standing committes.
> Speaker will be chairmain to Business Advisory committe (BAC), Rules committe and General purpose committe.
> Speaker appoints Chairmans for the Joint Parliamentary Committes.
**Loksabha Prathyeka Adhikaralu(Special Powers of the Lok Sabha)**
> Compared to the Rajya Sabha, the Lok Sabha has special powers and importance.
> By examining the following points, the importance of the Lok Sabha can be observed.
**I. Kendhra Prabhuthvam Vishayamlo (In the matter of the Central Government):**
> Only those who have a majority in the Lok Sabha have the opportunity to form the government at the Center.
> The Central Council of Ministers is collectively responsible to the Lok Sabha.
> Has control over the Central Council of Ministers.
> The Lok Sabha can remove the Central Council of Ministers through a no-confidence motion.
-) If the official bills introduced by the government in either House are defeated, or if the private bills introduced by the opposition are passed, the government must resign.
> In all the above matters, only the Lok Sabha has importance. The Rajya Sabha has no connection with the majority.
> The future of the Central government is decided by the Lok Sabha.
**II. Aarthika Billula Vishayamlo (In the matter of Money Bills):**
> The Lok Sabha Speaker decides whether a bill is a money bill or not.
> Money bills must be introduced first in the Lok Sabha with the President's permission.
> The Rajya Sabha must decide on the money bills passed and sent by the Lok Sabha within 14 days. Otherwise, they are deemed to have been passed.
> 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.
Downloaded at : www.ourstudycircle.in
**Page 19**
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
Page 20 (Revised and Complete Translation)
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.
Page 1
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.
Page 2
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.
Page 3
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
Page 4
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.
Page 5
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.
Page 6
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.
Page 7
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."
Page 8
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
Page 9
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.
Page 10
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.
Page 11
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.
Page 12
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.
Page 13
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.
Page 14
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.
Page 15
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.
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.
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.
Page 1
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.
Page 2
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.
Page 3
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.
Page 4
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.
Page 5
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
Page 6
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.
Page 7
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.
Page 8
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.
Page 9
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.
Page 10
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.
Page 11
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.
Page 12
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.
Page 13
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.
Page 14
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.
Page 15
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.
Page 16
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.
Page 5 (Content Begins)
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.
Page 6
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.
Page 7
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.
Page 8
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.
Page 9
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.
Page 10
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.
Page 11
*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
Page 12
"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
The person who served the longest as Governor in the country - Dr. B.C. Alexander
First Woman Governor - Smt. Sarojini Naidu
First Governor of AP - C.M. Trivedi
First Woman Governor of AP - Smt. Sharada Mukherjee
2nd Person - Kumudben Joshi.Current AP Governor - E.L. Narasimhan
Page 13
State Council of Ministers - Cheif Minister.CM with council of ministers plays crucial role due to adapting parliament system.
*Article 154 - Though it's mentioned state government works on governors name, CM with his council of ministers, according to 163(1) they run the government on the suggestions of them.
*Suggestions by CM cabinet to governor cannot be questioned in the court.
*Article 164(1)- Governor appoints the Cheif minister, on his suggestion he will appoint other ministers, State council of ministers will be in power as long as governors has trust on them.
*Article 164(2)- State Council of Ministers has joint responsibility of legislative house.
*Council of ministers will be in power only till they have majority in legislative house.
*Article 164(3) - State Council of Minister take oath before governor.
*Article 164(4) -Only people who are members of state legislature can continue in ministerial positions. Those who take up ministerial positions without being members of the legislature must get elected or nominated to the legislature within 6 months or else they have to resign.
Page 14
*If court gave verdict they should resign.
*Article 164(5)- State Legislature will fix the salaries and allowances of the state council of ministers.
*Article 166(1) - State Administration should run in the name of the governor.
*Article 166(2) - Executing of governance in governors name cannot be challenged in any court.
*Article 166(3) - Governor will allocate portfolios to the members of State council of ministers.
*Article 167(1) -Cheif Minister should share the decisions made by council of ministers related to state administration to governor.
*Article 167(2)- Governor can seek the information related to administration by himself.
*Article 167(3) -Regarding statements by ministers (decisions), Is it there own opinion or collective decision? Governor can seek the details.
Cheif Minister
*Head of State Government.
*State Administration, state leader.
*Head of State council of ministers.
a) Appoints other ministers as per CM's recommendation.
b) Governor Allocates the portfolios to the minister.
c) Governor removes the minister from power.
d) CM presides over the council of ministers meetings.
e) Prepares agenda to be discussed in council of ministers meetings.Page 15
f) CM resigns or for any reason post falls vacant, the entire council of ministers is dissolved.
g) CM is the state administration coordinator.
h) Leader of the State Legislative Assembly.
i) If the CM is a member of the Legislative Council, they can appoint their representative as the leader in the Legislative Assembly.
* e.g., AP Chief Minister Rosaiah, being an MLC, appointed Smt. J. Geetha Reddy as the floor leader in the Legislative Assembly.
j) Mediator between the state Council of Ministers and the Governor.
k)The governor will dissolves the legislative as per CM's suggestion.
l) CM will be a member of the following organizations.
1. National Development Council
2. Inter-State Council
3. National Integration Council
4. Zonal CouncilsIf Planning Commissions are formed for the states, the CM will preside over them.
The Prime Minister presides over the meetings of all the Chief Ministers in the country.
When appointing chairpersons for organizations like the State Human Rights Commission, the Governor takes the decision based on the recommendation of the committee headed by the CM.
Longest serving CM : Jyothi Basu (23 years)
Shortest term : Jagadambika Pal [UP-2 days]
*First Women Cheif Minister : Suchetha Krupalani (UP)
*First Dalit CM : Damodaram Sanjeevaiah[AP]
*First Dalit Women CM : Mayawati [UP].
Page 16
Youngest Chief Minister: Madhu Koda [Jharkhand]
Those who served as CMs for two states:
Tanguturi Prakasam Pantulu [Madras & Andhra Pradesh]
N.D. Tiwari ->[UP & Uttarakhand]
Occasion when two CMs served for one state at the same time:
Uttar Pradesh - [Kalyan Singh & Jagadambika Pal]
Those who contested in by-elections while holding the post of Chief Minister and lost:
Tribhuvan Narayan Singh (UP)
Shibu Soren [Jharkhand]
Chief Minister who introduced CM hour in the state legislature:
Digvijay Singh (Madhya Pradesh)
First Chief Minister of Andhra State: Tanguturi Prakasam Pantulu
Last : Bezawada Gopalareddy
First Chief Minister of Andhra Pradesh: Neelam Sanjeeva Reddy
The only Chief Minister of Hyderabad State: Burgula Ramakrishna Rao
Longest-serving CM in AP : N. Chandrababu Naidu (9 years)
Shortest term in AP: Nadendla Bhaskara Rao
Youngest CM in AP at the time of taking office : Damodaram Sanjeevaiah [30 years]
CMs who served from the Legislative Council:
Bhavanam Venkatram
Konijeti Rosaiah
From single family 3
Page 17
From one family 3 generations people who worked as CM's
State: Jammu&KashmirSheik Abdullah
Farooq Abdullah
Omar Abdullah
*Father and Son working as CM and deputy CMPunjab: Prakash Singh Badal(CM)
Sukhbir Singh (Dy.CM)Tamil Nadu: Karunanidhi (CM)
Stalin (Dy.CM)
*First Deputy Chief Minister in Andhra Pradesh: Konda Venkata Ranga Reddy.
State Council of Ministers:
The number of members in the state Council of Ministers should not exceed 10% of the number of members in the Legislative Assembly, as recommended by the First Administrative Reforms Commission.
91st Constitutional Amendment - 2003: The number of members in the state Council of Ministers should not exceed 15% of the number of members in the Legislative Assembly.
CM who formed the state Council of Ministers with the largest number in India:
Kalyan Singh - UP [108 ministers]
In AP, the largest [61 members] Council of Ministers was formed by: Tanguturi Anjaiah
*94 Constitutional Amendement:
Tribal welfare department should be created mandatorily in the states Jharkhand, M.P, Chattisgarh, Orissa.
Page 18
*Previously Tribal welfare was mandatory, Bihar was removed from that list.
*Main duties of Council of ministers.
*Formulating laws
*Devising state's financial policies.
*Protecting law and order.
*Collective responsibility to legislature.
*Formulating governor's speech addressing the legislative house.
*Forming a report that needs to be sent to central.
*Suggesting names for Constitutional officers appointed by the governor.
*Advising governor in judicial activities.
*Advising and helping governor in state administration.
State Legislature-Legislative house.
*If any bill introduced by CM is rejected, then entire council of ministers has to resign.
*Governor will work as Philosopher and guide to state council of ministers.
*Governor influence the government policies by advising, supporting and warning.Page 19
State Legislature
Article 168 - Explains about State legislature.
Governor, Vidhan Sabha(Legislative Assembly) & Vidhan Parishad (Legislative Council) are toghether called as 132
state legislature.
*Works as Highest legislature body in the state.
*Article 169-Procedure to establish or remove Legislative council in a state.
*If State legislative assembly passes resolution with 2/3 majority to establish or remove the council,
Then the parliament can make law. With general majority, it can form or abolish.
That means, parliament take decision based on legislative house.
*At the time of constitution came to existance, 6 states had legislative councils.
*Assam, Bengal, Bihar, Bombay, Madras, Uttar Pradesh.
*Assam, Bengal, Madras have removed there legislative councils.
*Andhra Pradesh, Karnataka, Jammu & Kashmir newly formed there councils.
Legislative Assembly:
*Article 170 - Explains about state legislative assemblies.
*Currently in total [26+Delhi, Pondicherry] 30 Legislative assemblies are there.
*1950, Representation of the People Act - The maximum number of members in the Legislative Assembly is 500
Minimum number of members: 60.
*Article 172-Every 10 years based on cencus, Delimitation commission's suggestion,
The legislative constituencies numbers and reorganization will be done.Page 20
The Parliament reorganizes the Legislative Assembly constituencies and also determines the number.
Currently, the number of members in the Legislative Assemblies of various states is determined based on the 1971 census.
In 1973, the 31st Constitutional Amendment - fixed these numbers.
1976: 42nd Constitutional Amendment - No changes should be made to the number of MLAs until 2001.
2002: 84th Constitutional Amendment - The number of MLAs should not be changed until 2026.
87th Constitutional Amendment
Based on the 2001 census, after the reorganization of constituencies, the first elections were held for the Karnataka Assembly.
States with the highest number of MLAs:
Uttar Pradesh - 403
Andhra Pradesh - 294
West Bengal - 294
Maharashtra - 288
States with the lowest number of MLAs:
Sikkim - 32
Goa - 40
Mizoram - 40
The Delhi Legislative Assembly has 70 seats, and the Pondicherry Legislative Assembly has 30 seats.
Elections have been held 13 times for the AP Legislative Assembly so far.
Mid-term elections were held only once for the AP Legislative Assembly [in 1985].
Currently, the number of seats reserved for SCs in the AP Legislative Assembly: 48
STs: 19
Page 1
Qualifications applicable to candidates contesting for state legislatures are the same as those applicable to candidates contesting for Parliament.
To contest for the state legislature, one must be registered as a voter in that state.
General candidates contesting for the Legislative Assembly have to deposit 10,000/-, while SC and ST candidates have to deposit 5,000/-.
*Only the candidates who will get 1/6 of polled and valid votes can refund their deposits.The election expenditure for candidates contesting for the Lok Sabha is 25,00,000/-, whereas for MLA it is 15,00,000/-.
Article 333 - The Governor can nominate one Anglo-Indian to the Legislative Assemblies.
The current nominated member in the AP Legislative Assembly is: Christiana Lazarus.
Article 187 - The legislature determines the perks of the members of the Legislative Assembly.
Article 188 - Members of the Legislative Assembly take the oath before the Governor or an officer appointed by them.
Article 189 - Deals with the 'quorum' related to the conduct of Legislative Assembly sessions. Similarly, when there is a tie on any issue in the legislature, the presiding officers use their casting vote.
The pro-tem speaker appointed by the governor presides in all legislative house meetings.
*MLA's take oath before pro-tem speaker.If the Speaker elected by the MLAs is absent, the Deputy Speaker presides over the meeting.
The person who has been working as the Speaker of the Legislative Assembly for the longest time in India:
Abdul Hashim Alim [West Bengal - since 1985]
The first 'woman Speaker' of the Legislative Assembly in our country:
Smt. Shanno Devi (Haryana)
Page 2
The only person in Indian history to use the casting vote as Speaker:
A.C. Jose (Kerala - 7 times)
First Speaker of the AP Legislative Assembly: Ayyadevara Kaleswara Rao
First Speaker of the Andhra State Legislative Assembly: N. Venkataramaiah
Last Speaker: Lakshmi Narasimham Dora
The only Speaker of Hyderabad State: Kashinath Vaidya
The only woman who served as Speaker of the AP Legislative Assembly: Smt. Pratibha Bharati
Current Speaker: Nallari Kiran Kumar Reddy (Pileru - Chittoor)
Dy. Speaker: Nadendla Manohar (Tenali - Guntur)
Legislative Council:
Article 171 - Deals with Legislative Councils.
Article 169 - If the Legislative Assembly passes a resolution with a 2/3 majority to establish or abolish a Legislative Council in a state, then the Parliament can make a law with a simple majority based on the state's wish.
Members of the Legislative Council are elected through 5 methods.
The Legislative Council is a body representing multiple groups.
Parliament determines the number of members of the Council.
1950, Representation of the People Act - The minimum number of members of the Legislative Council is 40, and the maximum should not exceed 1/3 of the number of members of the Legislative Assembly.
Page 3
Number of members of various Legislative Councils:
UP - 108
AP - 90
Maharashtra - 78
Bihar - 75
Karnataka - 63
J&K - 36
Method of selecting members of the Legislative Council:
(i) 1/3 of the total members are elected by the members of the State Legislative Assembly through the proportional representation method.
The number of MLCs elected by MLAs in our states - 31
The method of electing members of the Upper House and electing members of the Lower House was taken from Norway.
(ii) 1/3 of the total members are elected by representatives of local self-governing bodies through the proportional representation method.
Number of members elected in this way in AP - 31
Sarpanches of Gram Panchayats in AP do not have the right to vote in MLC elections.
Parliament has the power to amend the law in this regard [regarding elections].
(iii) 1/6 of the total members are nominated by the State Governor.
Those who have distinguished themselves in the fields of arts, literature, science, social service, and the cooperative movement are nominated to the Council.
In AP, 12 members are nominated by the Governor.
(iv) 1/12 of the total number of members are elected by the teachers in the state through the proportional representation method.
Number of members elected in this way in AP - 8
SGTs in AP do not have the right to vote. [High school level SGTs have the right to vote].
(v) 1/12 of the total number of members are elected by the graduates in the state.
In AP number of members elected in this way- 8
A person gets the right to vote only 3 years after completing their degree.
Page 4
*Voting right will be granted only after 3 years of degree.Parliament has the power to make amendments to the above-mentioned methods.
To contest for the Council, one must be 30 years of age.
Term of Office and Sessions:
*Article 173: Legislative house term is 5 years, the house can be dissolved in between.
During national emergency, the term can be extended one year additionally.There is no mention of the term of the Legislative Council.
1950, Representation of the People Act - The term of office of Council members is 6 years.
Elections are not held for all the vacant seats in the Legislative Council at once. Members also do not retire all at once.
Every 2 years, 1/3 of the members of the Council retire, and elections are held for the same number.
The Legislative Council can be called a continuous body and a permanent body.
The Legislative Council cannot be temporarily dissolved, but it can be permanently dissolved.
The Legislative Assembly can be temporarily dissolved, but it cannot be permanently dissolved.
Article 174: The Governor has the power to convene the state legislature, to prorogue it, and to dissolve the Legislative Assembly.
The person elected by the members of the Legislative Council as the Chairman (Speaker) presides over the Council meetings. They are usually members of the house.
If the Chairman is not present in the House, one of the members elected as the Deputy Chairman presides over the meetings.
First Chairman of the AP Legislative Council - Madapati Hanumantha Rao
Chairman at the time of dissolution of the Council (1985) - Syed Mukasir Shah
Current Chairman of the Council - Chakrapani
Dy. Chairman - Mahmadh Jani
*The only person to be chairman for both AP legislative council and legislative assembly: Pidathala Rangareddy
Page 5
Candidates contesting for the Legislative Council also have to deposit 15,000/- & 7,500/- respectively.
The Speaker of the Legislative Assembly and the Deputy Speaker cannot preside over the no-confidence motion against them. They only vote as members and can attend the meeting.
The same applies to the Chairman and Deputy Chairman of the Legislative Council.
AP Legislative Council:
The Council was first established in AP in 1958 and was inaugurated by Babu Rajendra Prasad.
In 1985, the Legislative Council was abolished during the NTR government.
In 2005, following the resolution passed by the AP Legislative Assembly, Parliament passed a resolution for its re-establishment in 2006.
The Legislative Council was re-established in 2007.
It is noteworthy that the person who introduced the resolution to re-establish the Legislative Council [A] in 2007 and the person who introduced the resolution in Parliament for its abolition in 1985 are the same person.
H.R. Bharadwaj [Union Law Minister]
Salaries and Allowances:
The monthly salary of MLAs and MLCs is 5,000/-, but with other allowances, they receive 45,000/-.
Main Powers of the Legislature:
To formulate laws necessary for state administration.
Makes laws on matters in the State List and the Concurrent List.
Controls the state government.
Determines the salaries and allowances of the members of the state legislature.
Formulates laws related to local bodies.
Approves the budget and all other financial policies.
Article 265 - Taxes cannot be levied in the state without a law made by the state legislature.
Participates in the election of the President and members of the Rajya Sabha.
Page 6
*Participates in 3rd method of Constitutional Amendment.
*Makes ammendments to the laws related to elections.
*Amends laws related to special reservations for backward classes.
*Works as a platform for public opinion.
*State legislature don't have any judicial powers like parliament.
Difference between the powers of Legislative assembly and council
*There is no priority to legislative council among the powers in forming legislative and legislative council.
*People who were against forming legislative council: HV Kamath
*Out of total states, only 6 states have legislative councils.In State Government
*The government is formed according to the majority in the Legislative Assembly.
*The state government is collectively responsible only to the Legislative Assembly.
*The Legislative Assembly can remove the government from power through a no-confidence motion.
*If the bills introduced by the government are defeated in the Legislative Assembly, or if the bills introduced by the opposition are passed, the government must resign.
*The Legislative Assembly can control the state government through cut motions and other things.
*Only the Legislative Assembly can decide the future of the state government, and the Council has no role in this.
Page 7
2) Regarding Ordinary Bills
*Ordinary bills can be introduced in either house.
*Legislative council should announce the decision within 3 months for the ordinary bills sent by legislative assembly.
*If legislative council accepts it, they send it to governor for approval.
*If Legislative council doesn't make decision within 3 months or it rejects the bill sent by legislative assembly,
then it will be considered as rejected.
*The bills rejected by council will go back to legislative assembly.
*If legislative assembly passes the bills again with or without ammendments and send it to legislative council, Council should make decision with in a month.
*If council doesn't make decision within a month or rejects it,
it will be considered as passed and sent to governor for approval.
*There is no chance of conducting joint meeting of both houses, If conflicts exist.
*Legislative council can hold ordinary bills for 4 months.3) Regarding Financial Bills
*Speaker will decide wheather it's financial or not.
*Financial Bills will be introduced in legislative assembly with prior permission of governor.
*Legislative council should give the decision with in 14 days for the finance bill passed and sent by assembly.
If not, It will be considered as passed.
*If Legislative council rejects financial bill or sends back with suggestions, If legislative assembly passes for the second time,
without sending it to legislative council, It will be sent to Governor for approval.Page 8
*Governor also does not have the power to veto financial bills.
*The Legislative Assembly has unchallenged supremacy over financial matters.
4) Regarding constitutional ammendments
*In the third method of constitution amendment process
State government means state legislative house approval, State legislative houses means only legislative assemblies approval.
*Legislative councils does not have any role in amendment process.
5) Others
*Only MLA's are the member of 'Electoral College' who elects the President.
MLC does not have vote.
*Only MLA's elect Rajya sabha members.
*MLA's have the power to elect legislative council members.
*MLA's only have the chance of electing MP's.
6. Deciding the future of Legislative council
*If legislative house should be formed or removed, Legislative assembly's
decision is Important.
*Based on that resolution, Parliament will take decision.
*Legislative assembly can take decision about the future of legislative council.
*Both MLA, MLC have equal chances in taking ministerial posts.
*When they take ministerial posts, MLA's and MLC can participate in both house meetings,
they can take part in discussions and introduce bills. But according to 177 article - The members should
use there voting power in which ever house they belong to.
*Regarding salaries, contesting election as MLA,MLC, both houses
have equal chances.Page 9
The state legislature does not have the power to override the President's 'Absolute Veto'.
If the Governor sends the bills passed by the Legislative Assembly to the Center for the President's approval under Article 201, and the President rejects and sends them back, and if the same bills are passed by the Legislative Assembly for the second time and sent to the President, they are not obliged to approve them.
Article 31(A) - Any bills related to the nationalization of assets in the state should be introduced in the Legislative Assembly only with the President's permission.
If the state legislatures pass laws on taxes that affect inter-state trade and commerce, they must obtain the President's approval.
Page 10
High Court
In the states, H.Cs are the highest courts.
The subject of the High Court is in the Union List.
Article 214 - Explains about High Courts.
Following the Council Act of 1861, H.Cs were first established in Calcutta in 1862, and later in Madras and Bombay.
Allahabad High Court was established in 1866.
The power to establish H.Cs in a state rests with Parliament.
Article 230 - Parliament determines which state comes under the jurisdiction of which High Court through law.
*Article 231- Can establish 2nd H.C for two or more states.Article 241 - H.Cs can be established in Union Territories.
A special H.C was established in Delhi in 1966.
Delhi is the only Union Territory with a special H.C.
In 1954, the Andhra State High Court was established in Guntur.
In 1956, the AP-H.C was established in Hyderabad.
Structure:
Each state H.C consists of a CJ along with some other judges. (216)
Parliament determines the number of judges.
The state with the highest number of H.C judges in India: UP High Court
High Court with the fewest judges: Sikkim [3+1]
The population, area, and number of cases in the state are the basis for determining the number of judges in the High Courts.
Page 11
*The number of judges that are appointed to AP High Court is 11+1
*Currently the working number of judges is:36+1
*Current working judges in AP-H.C is :47
Including working Judges : 31+1+Adhoc judgesAppointment of Judges:
The President of India appoints H.C. judges.
The President consults the following when appointing judges.
(a) 'Collegium' headed by the S.C Chief Justice
(b) Governor of that state
(c) Chief Justice of the State H.C
In the 1st Judges case of 1993 and the 2nd Judges case of 1998, the S.C ruled that the Collegium headed by the CJI must be consulted.
The CJI & two senior judges of the S.C form the Collegium.
In the 2nd Judges case of 1998, the S.C expanded the Collegium, i.e., it recommended that the CJI and 4 other judges should be in the Collegium.
Qualifications:
Must be a citizen of India.
Must have worked as a judicial officer (Sessions Court Judge-level or in tribunals) for at least 10 years. (or)
Must have worked as an advocate in a H.C for at least 10 years.
The President follows the advice and suggestions of the Central Government in this regard.
There is no mention of a minimum age for the appointment of judges.
Page 12
The maximum age for the retirement of judges is 62 years.
Parliament has the power to make changes regarding age.
The Law Commission recommended increasing the retirement age to 64 years.
H.C judges should submit their resignation letter to the President.
Article 218 - Removal
The same matters that apply to the removal of S.C judges also apply.
H.C judges can be removed on grounds of incapacity and misbehavior.
Both houses of Parliament must pass a resolution with a 2/3 majority separately, then the President will remove them.
If this motion is to be introduced in the Rajya Sabha, 50 members must sign the notice. If it is in the Lok Sabha, 100 members must sign.
Currently, removal motions are pending in the Rajya Sabha against Soumitra Sen of the Calcutta High Court and P.D. Dinakaran, who was appointed as CJ to the Sikkim High Court.
Oath:
Article 219 - H.C Chief Justice and other judges take the oath before the Governor.
Ad Hoc Judges
Article 223 - The President can appoint a temporary Chief Justice to any H.C when the CJ post is vacant.
Since 1985, it has been decided not to appoint any standing CJ to their own state High Court as CJ.
Article 224 - Temporary (Ad Hoc), ordinary judges can also be appointed.
Page 13
The President appoints them in consultation with the CJ of that state High Court.
Their term of office is 2 years. They have all the facilities available to ordinary judges.
*Currently in our country instead of appointing Ad hoc judges,
appointing them as permanent judges later has become a tradition.Article 224(A) - Retired judges in the H.C can be requested to attend the court for the hearing of specific cases.
The President takes the decision in consultation with the H.C-CJ.
Salaries and Allowances:
Parliament determines the salaries and allowances of H.C judges.
These salaries and allowances are not subject to IT. They cannot be voted on in Parliament.
H.C judges receive salaries from the State Consolidated Fund while in office, but after retirement, they receive a pension from the Central Consolidated Fund.
Except during a financial emergency, their salaries and allowances cannot be reduced.
Current H.C - CJ salary: 90,000/-
Salary of other judges: 80,000/-
Transfers:
*Article 222: President can transfer the judges from one H.C to another H.CThe President consults the following during the transfer of H.C judges.
Collegium headed by CJI
CJ of the High Court of the state to which they are being transferred
CJ of the High Court of the state to which they are being appointed
Page 14
When judges are transferred, those who do not work in their own state but work in other states should be given special allowances. In 1990, changes were made to the Salaries and Allowances Act.
If a judge objects to a transfer that goes against the advice of the Collegium, they can approach the S.C.
Article 220 - H.C judges cannot practice law in the H.Cs where they have served after retirement.
*They can practice law in other H.C. and S.C.Temporary judges are not subject to this provision.
Powers of the High Court:
The Constitution makers did not give the same importance to the powers of the H.Cs as they did to the powers of the S.C.
There is no specific explanation.
Article 225 - Explains the scope of H.C powers.
(a) Has original jurisdiction in matters of marriage, divorce, and inheritance.
(b) The High Court hears election disputes of MLAs, MLCs, and MPs.
(c) Hears disputes in matters of property and finance.
(d) Has original jurisdiction in the protection and enforcement of fundamental rights.
(e) Hears all types of appeals from lower courts in the state.
Court of Record:
Article 215 - H.C acts as a Court of Record.
Preserving the judgments given by the H.C in various cases and the evidence recorded in record form is called Court of Record.
Page 15
Court of Record is like an ordinary statute, and if it is disregarded, it is considered contempt of court.
All lower courts in the state respect and implement the judgments of the H.C.
Writ Jurisdiction:
*Article 226 - HC issues writsThe writ jurisdiction of the H.C is wider than the writ jurisdiction of the S.C.
The S.C issues writs only for the protection and enforcement of fundamental rights.
H.Cs issue writs for the protection of fundamental rights as well as for the implementation of state government laws, GOs, notifications, and By-Laws.
Control over Lower Courts:
Article 227 - H.C has control over lower courts.
H.C issues guidelines regarding legal practice, speedy disposal of cases, and the functioning of courts. Lower courts must follow them.
H.C establishes a Portfolio Judge for each district. They have control over the functioning of lower courts.
H.Cs play a major role in the appointment, transfer, and promotion of lower court judges.
Article 228 - H.C has the power to transfer cases pending in lower courts to itself.
Article 233 - District Sessions Court judges are appointed by the State Governor in consultation with the H.C.
Staff Appointment:
Article 229 - H.C has full authority over the appointment of ordinary staff working in the state H.Cs, their service rules, and disciplinary actions.
Page 16
Disputes arising over the service of employees in the H.C do not come under the purview of the Administrative Tribunal. Only the H.C hears and gives judgments.
Judicial Review Power:
The H.Cs have the power of judicial review to examine whether the laws and administrative actions of the state government and state legislatures are constitutionally valid, and to declare them invalid if they are unconstitutional.
*The first woman to work as H.C judge in India - Smt. Annachandi(Kerala)
*First women CJ - Smt.Leelaseth[HP]
*First CJ for A.P.H.C- Koka Subbarao
*AP H.C current CJ - Nissar Ahmad Kakru [J&K]
*First women CJ of A.P.H.C-
*Other women judges of A.P.H.C - S.V.Maruthi
Meenakumari
Rohini.
*First time to form women bench- A.P High court
(Women bench with Meenakumari and Rohini)
*The only state which conducted legislative house meeting out side of the capital city: Karnataka(Belgaum)
Page 17 - This is a table of High Courts in India
| S.No. | HC State | Capital | State/Area | Bench |
| :---- | :-------------- | :------------ | :-------------------------------------------------------------------------- | :---------------------------------- |
| 1 | J&K | Srinagar | J&K | - |
| 2 | Himachal Pradesh | Shimla | HP | - |
| 3 | Punjab | Chandigarh | Punjab, Haryana, Chandigarh(U.T) | - 146 |
| 4 | Rajasthan | Jaipur | Rajasthan | Jaipur |
| 5 | Gujarat | Ahamadabad | Gujarat | Ahamadabad |
| 6 | Mumbai | Mumbai | Maharashtra, Goa, Daman and Diu, Dadra and Nagar Haveli | Aurangabad, Panaji |
| 7 | Karnataka | Banglore | Karnataka | - |
| 8 | Kerala | Kochi | Kerala, Lakshadweep | - |
| 9 | Madras | Madras | Tamil Nadu, Pondicherry | - |
| 10 | Andhra pradesh | HYD | Andhra Pradesh | - |
| 11 | Orissa | Katak | Orissa | - |
| 12 | -West Bengal | Kolkata | -West Bengal | - |
| 13 | Guwahati | Guwahati | Assam, Nagaland, Mizoram, Arunachal Pradesh | - |
| 14 | Madhya Pradesh | Jabalpur | Madhya Pradesh | Gwalior, Indore |
| 15 | Allahabad | Allahabad | - | - |
| 16 | Delhi | Delhi | - | - |
| 17 | Patna | Patna | Bihar | - |
| 18 | Sikkim | Gangtok | Sikkim | - |
| 19 | Kalakatta | Kalakatta | A. Nicobar, and Islands | Port Blair |
| 20 | Gwalior | Indore | Madhya Pradesh | Bench of Gwalior |
| 21 | Tripura | Tripura | Manipur, Meghalaya, Tripura, Mizoram, Arunachal Pradesh, Nagaland | Shillong, Imphal, Agartala, Itanagar, Aizwal, Kohima |Page 18 - Jammu & Kashmir (Independent) Status [Article 370]
J&K's name was not mentioned along with other states in Article 152.
Raja Hari Singh [Ruler of J&K] signed the Instrument of Accession on October 26, 1947.
Article 370 - Kashmir can have its own special constitution.
In 1951, the J&K Constituent Assembly was formed by being elected on the basis of universal adult suffrage.
The J&K Constitution came into force on January 26, 1957.
The J&K Constitution has 138 articles and 8 parts.
The J&K Constitution is amended by the state legislature with a 2/3 majority. Parliament does not have this power.
The President has the power to issue ordinances applicable to that state under Article 123.
The President has the power to abrogate the Constitution, according to Article 370, based on a special resolution of that state legislature.
Parliament can make changes to the territory or borders of J&K only with the approval of that state legislature.
Residual powers in the case of J&K belong to that state legislature.
Fundamental Rights in the Constitution apply to that state.
Right to Property is still a fundamental right in J&K.
Directive Principles of State Policy and Fundamental Duties do not apply in J&K.
Due to having state citizenship along with national citizenship, there is dual citizenship in J&K.
The only state with a separate Constitution: J&K
Article 352 - National Emergency will be implemented in that state only with the approval of that state legislature.
Since 1986, President's rule imposed through Article 356 based on the President's ordinances is applicable in that state.
Page 19
*In J&K Government, based on 7th section,
Governors rule can be imposed.
*Article 360 - Financial emergency is not applicable to state.
*Till 1964, Governor of the state were called as "Sadar-e-Riyasat".
*While appointing the Governor, President must consult with Cheif minister of the state.
*P.D introduced by J&K
*J&K legislature can form P.D act's on there own.
*Pile & SLP's released by S.C will be applicable to the state.
*S.C powers, CAG and CEC powers are applicable to J&K
*Special chances provided by 5,6 schedules to scheduled castes, ST's are not applicable to J&K.
*In 1979 J&K is the first to implement Anti-defection law.
*J&K Governor can nominate 2 women to legislative assembly.
*J&K legislative assembly members- 100 [Currently-76]
*Legislative council members - 36
*In 2000, J&K assembly passed a resolution for self governance.Page 20 - Union Territories [Part 8: Articles 239-241]
These are mentioned in Part 8 of the Constitution.
6 Union Territories were formed during the reorganization of states in 1956.
There are currently 7 Union Territories.
Before 1874, there were some Scheduled Districts in the country. In 1874, these were formed into Chief Commissionerate areas.
In 1950, when the Constitution came into force, these areas were included in PART-C and PART-D sections.
According to the recommendations of the Fazal Ali Commission, they were converted into Union Territories in 1956.
Article 239 - The President appoints administrators for the administration of Union Territories as his representatives.
The entire administration of these areas is under the control of the Union Home Ministry.
14th Constitutional Amendment - Established a special Legislative Assembly for Pondicherry through Article 239. Number of members '30'.
In 1991, the 70th Constitutional Amendment - Established a special Legislative Assembly for Delhi. 239(AA) article.
Legislative members - 70Union Territories do not get powers from the Constitution like states in the division of powers in the federal system. They are not part of the federal structure.
The Delhi & Pondicherry legislatures do not have the power to make laws on land, law and order, and police matters.
*Article 239(AB) - Parliament has power to make final decision on matters related to Delhi administration.Article 240 - The President can issue special ordinances for the administration of Union Territories.
Article 241 - Parliament can establish a special H.C for Union Territories.
Delhi is the only U.T with a special H.C, established in 1966.
70th Constitutional Amendment gave Delhi the status of "National Capital Territory".
No comments:
Post a Comment