consti II (1).docx

### **Detailed Summary of \"Constitution and Constitutionalism\"** #### **Introduction** The Constitution is described as a living and evolving entity, requiring dynamic interpretation while maintaining its core principles. It is the supreme law, ensuring democracy and the rule of law. The three b...

### **Detailed Summary of \"Constitution and Constitutionalism\"** #### **Introduction** The Constitution is described as a living and evolving entity, requiring dynamic interpretation while maintaining its core principles. It is the supreme law, ensuring democracy and the rule of law. The three branches---Legislature, Executive, and Judiciary---are independent, and any obstruction to constitutionalism is considered void. Constitutionalism emphasizes limiting government power to prevent authoritarianism, ensuring checks and balances. #### **What is a Constitution?** A constitution is a foundational legal framework defining political, legal, and social structures. It can be written or unwritten, and its interpretation may evolve with societal changes. The document acts as: - - - It establishes governmental authority while safeguarding individual and collective rights. #### **Features of the Indian Constitution** 1. 2. 3. 4. 5. 6. 7. 8. 9. #### **What is Constitutionalism?** Constitutionalism limits governmental authority through legal constraints, preventing despotism. It emphasizes the balance between state power and individual freedoms. Arbitrary rule contradicts constitutionalism, as it thrives on government accountability, rule of law, and rights protection. Notable definitions: - - ### **Need for Constitutionalism** B.O. Nwabueze highlights the necessity of constitutionalism to prevent political leaders from corrupting government structures. **Constitutionalism in India** - - - - - - ### **Indian Constitution: Federal or Unitary?** India follows a quasi-federal structure, balancing central authority with state autonomy. Courts have debated its nature, with some rulings emphasizing its unitary aspects (W.B. v. Union of India, 1962). However, federal principles remain embedded, ensuring decentralized governance. ### **Constitution vs. Constitutionalism** - - - ### **Conclusion** The Indian Constitution's framework limits government powers, preventing arbitrariness. The judiciary plays a crucial role in maintaining checks and balances. While India upholds constitutionalism, challenges remain in fully implementing its principles. The balance between rule of law and government power is essential for maintaining democracy. ### **Detailed Summary of \"Concept of Federalism in India\"** #### **Concept of Federalism** Federalism is a system of governance where power is divided between a central authority and regional governing bodies. The term originates from the Latin word *foedus*, meaning treaty or covenant. Broadly, there are two types of government: - - India is considered **quasi-federal**, meaning it has both federal and unitary features. Unlike the U.S., Indian states were not formed through mutual agreements but are administratively structured under a single union. ### **Cooperative Federalism** Cooperative federalism refers to a system where the center and states collaborate to achieve national goals. The **State of Rajasthan v. Union of India (1977)** case established that India\'s federalism is not rigid, allowing the center to ensure national unity while considering state autonomy. Key Features: - - - **Theories of Federalism in India:** - - - ### **India's Shift to Cooperative Federalism** India initially had elements of **competitive federalism**, where the center and states competed for power. However, the Indian Constitution, drafted after World War II and the Great Depression, emphasized **cooperation over competition** to ensure national stability. Features of cooperative federalism in India: - - - - ### **Examples of Cooperative Federalism in India** 1. #### GST Council (Article 279A) 2. #### All India Services (Article 312) 3. 4. 5. 6. ### **Strengthening Cooperative Federalism: The Way Forward** 1. - - 2. - - 3. - - 4. - - ### **Conclusion** India's federalism is **not purely unitary nor purely federal** but a **quasi-federal** system with strong central control. Cooperative federalism is essential for **national development and governance**, especially in a diverse country like India. However, political conflicts, financial centralization, and emergency provisions continue to challenge this model. The success of cooperative federalism depends on mutual respect, decentralization, and political cooperation. ### **Detailed Summary of \"Cooperative and Competitive Federalism in India\"** #### **Introduction** Federalism in India operates on two primary models---*Cooperative Federalism* and *Competitive Federalism*. While cooperative federalism emphasizes collaboration between the center and states, competitive federalism drives states to compete for economic development, governance efficiency, and investment. The Indian Constitution, though not explicitly labeled as federal, incorporates elements of both, shaping India's unique *quasi-federal* structure. ### **Understanding Federalism** Federalism, derived from the Latin *foedus* (treaty or pact), is a system where power is divided between multiple levels of government. Unlike a unitary system, it prevents the concentration of power in a single entity and ensures governance at both the national and regional levels. Certain defining characteristics of federal political systems include: - - - - India follows a *quasi-federal* structure, meaning it exhibits both federal and unitary features. Unlike classic federal states such as the U.S., Indian states were not created through mutual agreements but exist as administrative units under a unified structure. Judicial interpretations, such as in *State of West Bengal v. Union of India (1963)* and *S.R. Bommai v. Union of India (1994)*, reinforce that while India retains federal features, central authority often prevails in matters of national importance. ### **Cooperative Federalism** Cooperative federalism involves collaboration between the center and states for policy formulation and implementation. Rather than competing, both levels of government work together to ensure holistic national development. Key constitutional provisions supporting cooperative federalism include: - - - Several governance mechanisms embody cooperative federalism in India. The **GST Council (Article 279A)** ensures joint decision-making on tax policies, bringing both center and states into the fiscal framework. The **NITI Aayog**, replacing the Planning Commission, promotes state involvement in economic policymaking. Initiatives such as the **Aspirational Districts Programme** drive coordinated efforts to uplift underdeveloped regions. While cooperative federalism fosters collaboration, it is not without challenges. Political and financial dependence on the center often limits state autonomy, leading to conflicts over taxation, fund distribution, and policy implementation. ### **Competitive Federalism** Competitive federalism shifts the focus from collaboration to competition, encouraging states to improve governance, attract investment, and enhance service delivery. This model gained momentum post-1991 economic liberalization when states began competing for foreign and domestic investments. Competitive federalism manifests in various ways, such as the **Ease of Doing Business Rankings**, which push states to streamline regulatory processes, and **Swachh Bharat Rankings**, which drive sanitation improvements through inter-state competition. Performance-based funding models ensure that states are rewarded based on measurable progress rather than uniform allocation. While competition fosters efficiency and innovation, it also has downsides. Wealthier states with better infrastructure and governance mechanisms attract more investment, widening regional economic disparities. Poorer states struggle to compete on equal footing, often demanding special financial assistance from the center. ### **Challenges to Federalism in India** #### **Challenges in Cooperative Federalism** - - - #### ### **Symmetrical and Asymmetrical Features of Indian Federalism** India's federalism is unique in its structure, incorporating both **symmetrical** and **asymmetrical** features. While symmetry ensures equal treatment of all states, asymmetry provides special provisions to certain regions based on historical, cultural, and political considerations. ### **Symmetrical Features of Indian Federalism** Symmetrical federalism refers to a system where all constituent units (states) have equal status and powers under the Constitution. In India, most states function under uniform constitutional provisions, ensuring a **common framework of governance**. #### **Key Symmetrical Features:** 1. - - **Financial System and Taxation:\ Goods and Services Tax (GST)** applies uniformly across states, eliminating disparities in indirect taxation. The **Finance Commission** recommends resource distribution in a structured, equal manner. 2. - ### **Asymmetrical Features of Indian Federalism** Asymmetry in federalism arises when certain states or regions are granted **special status, privileges, or autonomy** due to historical, political, or cultural factors. The Indian Constitution incorporates **asymmetry to address regional diversity and unique governance needs**. #### **Key Asymmetrical Features:** 1. - - 2. - - ### **Conclusion** Indian federalism is a mix of **symmetry and asymmetry**, balancing uniform governance with regional diversity. While symmetrical features maintain **national unity and administrative cohesion**, asymmetrical provisions allow **special accommodations for historically or culturally distinct regions**. This balance ensures **effective governance while preserving India's pluralistic identity**. **[SEPARATION OF POWERS]** The legislature makes laws, the executive enforces them, and the judiciary interprets and ensures justice. While the judiciary remains independent under Article 50, the executive can make laws through ordinances (Article 123), and the legislature has certain judicial powers, such as impeachment. The system of checks and balances prevents any one organ from becoming too powerful. There is no strict demarcation of the separation of powers. Landmark cases like Keshavananda Bharati v. State of Kerala established separation of powers as part of the Basic Structure Doctrine, **For check and balances.** **Art 50-- Separation of Judiciary and executive--**The State shall take steps to separate the judiciary from the executive in the public services of the State. **Art 121--** No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided. **Art 211**-- No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or hight court **Art 122--** Courts cannot question the validity of parliamentary proceedings on the basis of procedural irregularities. AND No officer or member of Parliament responsible for regulating procedures or maintaining order in Parliament can be subject to court jurisdiction for actions taken in that capacity. **329 Art** -- provides a bar on interference by courts in electoral matters to ensure the smooth conduct of elections. **INDEPENDENCE OF LEGISLATIVE** Article 105 -- Powers, Privileges, and Immunities of Parliament and Its Members - - - Article 194 -- Powers, Privileges, and Immunities of State Legislatures and Their Members - - - **CHECKS AND BALANCES** **Articles 61 and 156 -- Impeachment and Removal of the President & Governors** - - ### **Articles 124, 217, 222 -- Appointment and Transfer of Judges** - - - ### **Articles 113, 105, 185, 123, 213, 142 -- Legislative and Judicial Oversight** - - - - - - **DISTRIBUTION OF POWER BW STATE AND CENTRE** **1. Legislative Relations (Part XI: Articles 245-263)** -------------------------------------------------------- The legislative powers of the Centre and the States are divided based on the **Seventh Schedule**, which contains **three lists**: - - - ### **Key Provisions:** - - - - - - - **2. Administrative Relations (Articles 256-263)** -------------------------------------------------- The **executive power of States must comply with Union laws**, ensuring uniformity in administration across India. ### **Key Provisions:** - - - - - **3. Financial Relations (Part XII: Articles 264-300A)** -------------------------------------------------------- The **Centre has more financial power** than the States, ensuring a stable revenue stream for national development. - - - - #### **1. Executive Powers** - - - - - - - #### **2. Legislative Powers** - - - - - - - - #### **3. Judicial Powers** - - #### **4. Military Powers** - #### **5. Emergency Powers** - - - #### **6. Diplomatic Powers** - - - #### **7. Discretionary Powers** - - - - - - 110 also imp -- money bills in lok sabha after the president assent (114 for governor) **Powers of the governor** #### **1. Legislative Powers** - - - - - - - #### **2. Executive Powers** - - - - - - - #### **3. Judicial Powers** - #### **4. Financial Powers** - - - - Part V of the constitution The union CHAPTER I.---THE EXECUTIVE The President and Vice-President **Art. 52 -- There shall be a President of India.** **Art 53 -- Executive power of the Union.** \(1) 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. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law. (3) Nothing in this article shall--- (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President. **Art 54-- election of the president** The President shall be elected by the members of an electoral college consisting of--- (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. **Art 55-- There should be uniformity in the representation of different States in the** Presidential election. The value of votes is calculated to maintain parity between States and the Union: - - The President is elected through proportional representation using the single transferable vote system, and voting is conducted by secret ballot. **Art. 56-- term of office of the president**. (1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that--- (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People. **Art 58-- qualifications for election as president**. (1) No person shall be eligible for election as President unless he--- (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments Art 59-- Conditions of presidents office \(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of office. **Art 61-- Procedure for impeachment of the President.** 1. 2. 3. 4. This process is quasi-judicial in nature and requires a high threshold of parliamentary consensus, making impeachment extremely difficult. No Indian President has been impeached to date. **Art 123.power of President to promulgate Ordinances during recess of Parliament.** \(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance--- (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President. **Art 361 -- Protection of President and Governors and Rajpramukhs.** 1. 2. 3. 4. **Article 79:** The President is part of Parliament along with the Lok Sabha and Rajya Sabha. **Article 85:** The President may from time to time Summons, prorogues the Housed or either house, or dissolves the House of the People. **Article 86:** The President may address both Houses of Parliament and can send messages. **Article 111:** A President shall either give assent to bills, which then become law, or withholds assent or returns the bill for reconsideration. **Article 123:** Promulgates ordinances when Parliament is not in session, having the same force and effect as laws passed by Parliament. **Section 143-- Power of President to consult Supreme Court.** the President have the power to seek the advice Supreme Court on: Legal matters ; Constitutional matters ; Matter of Public importance **Qualification for Election of President** - - - - - - - - - - - - - - - - - - - **Appointments by President** Prime Minister and Council of Ministers on the advice of Prime Minister (Article75). Attorney General of India (Article 76). Comptroller and Auditor General (Article 148) Supreme Court and High Court Judges Chief Election Commission (Article 324) Finance Commission (Article 280) UPSC and JPSC members (Article 316) Special officer for S.C./S.T. Official Language Commission (Article 344) Governor (Article 155) Special officer for linguistic minorities \[(Article 350(B)\] **EMERGENCY POWERS** Art 352-- National emergency Art 356-- President Rule-- in case of failure to comply with union directives by state (art 365) Art 360-- Financial emergency **[VICE PRESIDENT (art. 63-71)]** Art 63-- there shall be a vice president of india Art 64-- The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit: Art 65-- The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. Article 66-- The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament. The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State. Article 67-- The Vice-President shall hold office for a term of five years from the date of his appointment. Article 68-- An election to fill a vacancy created because of the completion of the term of office of Vice-President shall be completed before the expiry of the term. The election to fill a vacancy created because of the death, resignation or removal of Vice-President shall be held as soon as possible. 1. In order to be a President, a person must be qualified for election as a member of the Lok Sabha (House of Peoples), the Vice President must be qualified for election as a member of the Rajya Sabha (Council of States). The difference between the electoral college that elects President and the one electing Vice-President of India is given below: In electoral college for Vice President, both elected and nominated members of both the Houses of Parliament take part. In presidential elections, nominated members are not a part of the electoral college. For Vice President's elections, states have no role to play unlike in President's elections where state legislative assemblies' elected members are a part of the electoral college. Is Vice President also impeached as President of India? No, unlike President of India who can be impeached formally; there is no formal impeachment for Vice President. Rajya Sabha simply can pass a resolution with a majority and Lok Sabha can pass it. Also, unlike President of India who can be impeached on the ground of 'Violation of Constitution,' there is no ground mentioned in the constitution for the removal of Vice President of India. Note: Supreme Court decides election disputes related to the office of Vice President. GOVERNOR -------- **Article 151. Audit reports :** (2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State. **Article 153. The Governor *:*** There shall be a Governor for each State. Provided that nothing in this Article shall preventthe appointment of the same person as Governor for twoor more States. **Article 154.** **Executive power of State :** (1) The executive power of the State shall be\ vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.\ (2) Nothing in this Article shall---\ (*a*) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or\ (*b*) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. **Article 155. Appointment of Governor :** The Governor of a State shall be appointed by the President by warrant under his hand and seal. **Article 156. Term of office of Governor :** (1) The Governor shall hold office during the pleasure of the President.\ (2) The Governor may, by writing under his hand addressed to the President, resign his office.\ (3) Subject to the foregoing provisions of this Article, a Governor shall hold office for a term of five years from the date on which he enters upon his office. Provided that a Governor shall, notwithstanding the\ expiration of his term, continue to hold office until his successor enters upon his office. **Article 157**. **Qualifications for appointment as Governor** : No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years. **Article 158. Conditions of Governor\'s office**. (1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of\ any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.\ (2) The Governor shall not hold any other office of profit.\ (3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law\ and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.\ (3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.\ (4) The emoluments and allowances of the Governor shall not be diminished during his term of office. **Article 160. Discharge of the functions of the Governor in certain contingencies :** The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter. **Article 161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases :** The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. **Article 163. Council of Ministers to aid and advise Governor:** (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.\ (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be\ final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.\ (3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court. **Art 165.** (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. (2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine **Article 166:** All executive actions of a State Government must be taken in the name of the Governor. Orders and instruments issued in the Governor\'s name must be authenticated as per rules made by the Governor. Once authenticated, their validity cannot be questioned on the grounds that they were not personally made or executed by the Governor. The Governor is also responsible for making rules to facilitate the business of the State Government and allocate responsibilities among Ministers, except in matters where discretion is required. **Article 167:** The Chief Minister has a duty to communicate all decisions of the Council of Ministers related to administration and legislation to the Governor. They must also provide any information that the Governor requests regarding the State's administration and legislative proposals. If required by the Governor, the Chief Minister must present any decision taken by an individual Minister for reconsideration by the entire Council of Ministers. ---Under Article 155 and 156 of the Constitution, a Governor is appointed by the President and holds office "during the pleasure of the President". If this pleasure is withdrawn before completion of the five-year term, the Governor has to **Step** down. As the President works on the aid and advice of the Prime Minister and the council of ministers, in effect, the Governor can be appointed and removed by the central government. - - - - - - - ### **Article 76 -- Attorney-General for India** 1. 2. 3. S/he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which s/he may be named a member, but without a right to vote. S/he enjoys all the privileges and immunities that are available to a member of Parliament. S/he does not fall in the category of government servants. S/he is not debarred from private legal practice. Art 143-- power of president to consult the supreme court **Solicitor General is the second highest law officer in the country.** 1. 2. 3. ### **Article 165 -- Advocate-General for the State** 1. 2. 3. [ **Ordinance Making Power of President and Governor**] Article 123 of the Indian Constitution vests the President of India, the power to promulgate ordinance when either of the two houses of the Parliament is not in session. As mentioned earlier, this power of the President is subjected to a few limitations. They are as follows, - - - - - - - - - - - **Ordinance Making Power of Governor (Article 213)** Article 213 of the Indian Constitution empowers the Governor of the State to promulgate ordinances when the State Legislative Assembly is not in session. In the 6 states (Karnataka, Andhra Pradesh, Telangana, Maharashtra, Bihar and Uttar Pradesh) which have bi-cameral legislatures i.e, both State Legislative Assembly as well as State Legislative Council, the Governor can promulgate ordinance when either of the houses is not in session or when both the houses are not in session. He can promulgate or withdraw any ordinance only on the advice of the Chief Minister and the Council of Ministers. He can issue ordinances only on the subjects on which the State Legislature can pass legislation. Similarly, the ordinance made by him is subjected to the limitations that prevail for the act of the State Legislature. Can also withdraw it at any time like the president. **[Veto power of the president ]** Article 111: deals with the President's veto power over a bill passed by the Parliament. Article 201: deals with the President's veto power over bills passed by the State Legislatures and which are reserved for the consideration of the President. ### **Article 111 -- Assent to Bills by the President** 1. 2. - - - 3. ### **Article 201 -- Assent to State Bills by the President** 1. - - - 2. What is a money bill? Art 110 defines money bill A Money Bill deals only with financial matters like taxation, borrowing, or government funds. It does not include fines, fees, or local taxes. The Speaker of the Lok Sabha has the final say in deciding if a Bill is a Money Bill, and their certification is required before sending it to the Rajya Sabha or the President. **Types of Veto** **Absolute Veto** **Suspensive Veto** **Pocket Veto** ---------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------- The power of the President to withhold the assent to the bill is termed as his absolute veto The power of the President to return the bill to the Parliament with or without consideration is called a suspensive veto The power of the President to not act upon the bill is termed as a pocket veto I. The Absolute Veto is exercised in the following two cases- 1. 2. ### **Suspensive Veto of the President** - - - - - - ### **Pocket Veto of the President** - - - **[Part V-- the union-- art 73 and 74 ]** ### **Article 73 -- Extent of Executive Power of the Union** 1. 2. 3. ### **Article 74 -- Council of Ministers and the President's Role** 1. 2.  PRIME MINISTER AND COUNCIL OF MINISTERS ### **Article 74 - Council of Ministers to Aid and Advise the President** The Council of Ministers, led by the Prime Minister, advises the President, who must act according to this advice. However, the President can ask for reconsideration but must accept the final advice given. The advice given to the President cannot be questioned in court. ### **Article 75 -Other provisions as to Ministers.** ### The Prime Minister is appointed by the President, and other ministers are appointed on the PM's advice. 1. 2. 3. 4. 5. The principle of collective responsibility finds a place in Art. 75(3) where it is stated that the Council of Ministers shall be collectively responsible to the Lok Sabha. In other words, this provision means that a Ministry which loses confidence in the Lok Sabha is obliged to resign. The loss of confidence is expressed by rejecting a Money Bill or Finance Bill or any other important policy measure or by passing a motion of no-confidence or rejecting a motion expressing confidence in the Ministry. When a Ministry loses the confidence of the Lok Sabha the whole of the Ministry has to resign including those Ministers who are from the Rajya Sabha. The Ministers fall and stand together. In certain cases, the Ministry may advise the President to dissolve Lok Sabha and call for fresh elections. The Council of Ministers is divided into three categories: - - - ### **Article 78-- Duties of Prime Minister as respects the furnishing of information to the President, etc.** It shall be the duty of the Prime Minister--- (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. ### **APPOINTMENT OF CM AND Council of Ministers at the State Level --PART VI** - - - - **UNION AND STATE LEGISLATURE** **Union Parliament** **State Legislatures** ---------------------------------------------------- -------------------------------------------------------- **Bicameral** **Mostly unicameral -- only 6 states are bicameral** **Article 79 to122 in Part V of the Constitution** **Articles 168 to 212 in Part VI of the Constitution** **Art 246.** Union List (List I) -- Parliament has exclusive power to make laws on subjects like defense, foreign affairs, and atomic energy. State List (List II) -- State Legislatures have exclusive power to legislate on matters such as police, public health, and agriculture, subject to Union intervention under specific conditions. Concurrent List (List III) -- Both Parliament and State Legislatures can make laws on subjects like criminal law, marriage, and education, but in case of conflict, Parliamentary law prevails. Special Provision -- Parliament can legislate on State List matters for Union Territories and regions not included in any State. **Art 248--**. (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists. **TYPES OF BILL** A bill is a draft of a legislative proposal presented in Parliament for discussion. For it to be law, it has to go through several readings and eventually receive the acceptance of both Houses of Parliament, after which the President\'s assent will be required. Bills may be proposing new laws, amend or repeal existing laws, or consolidate already existing legislative provisions. 1. a. b. c. d. 2. e. f. g. h. i. j. k. 3. The differences with Money Bill are: l. m. 4. n. o. p. q. 5. Appropriation Bill gives power to the government to withdraw funds from the Consolidated Fund of India for meeting the expenditure during the financial year. As per article 114 of the Constitution, the government can withdraw money from the Consolidated Fund only after receiving approval from Parliament. While the Finance Bill contains provisions on financing the expenditure of the government, an Appropriation Bill specifies the quantum and purpose for withdrawing money.ṭ **Types of Majority** --------------------- In the context of a legislature, the term 'Majority' refers to the minimum number of votes required to pass a decision or a law. As a concept, fundamental to parliamentary procedure, it ensures that any decision made has the support of a plurality of the members of the legislature, thus upholding the fundamental principles of democracy. 1. - - - - 2. - - - - 3. - - - - - 4. a. b. i. ii. iii. iv. v. c. vi. **HOW BILL BECOMES LAW** The govt initiates a bill which is introduced and passed through several stages in legislature before it becomes a law. Law can be brought on the basis of policy right to edu, vishaka, triple talak, JS verma committee, JJ irani committee Step 1- The law secretary advises the government on legal matters related to proposed laws ensuring that they comply with the constitution and existing laws. Mariana protest (2017) -- The Marina Protest (2017) was a massive youth-led movement in Tamil Nadu demanding the lifting of the ban on Jallikattu, a traditional bull-taming sport. Protesters gathered at Marina Beach, Chennai, opposing the Supreme Court's 2014 ban, which was based on animal cruelty concerns. The movement led to the Tamil Nadu government passing a law allowing Jallikattu by amending the Prevention of Cruelty to Animals Act, 1960. The protest symbolized Tamil cultural identity and resistance against perceived external interference. **Step 2--** Law secretary looks into whether the law needs to be brought. Looks into public demands and see whether they are in contravention of the constitution. Then drafts a policy and sends it to the minister. Law minister then checks whether it is consistent with the constitution. In case modifications are require he will send it back to the law secretary. The advise of the attorney general is not binding. In this stage, the Law Secretary evaluates public demands and determines if there is a need for a new law, ensuring that any proposal is constitutionally sound. A policy draft is then created and forwarded to the Law Minister. The Law Minister reviews the draft for constitutional consistency and may return it for modifications if necessary. Although the Attorney General's advice may be consulted, it does not have a binding effect on the process. **Step 3--** after approval from the law ministry it reaches the concerned ministry (art 76-143-165) Ministry will check consistency with 1. Consti 2. Existing laws 3. International standards. Step 4-- It reaches the law commission. The law commission constitutes drafting committee based on the contents of the document. Step 5--- it reaches parliamentary committee consisting of PM, COM and opposition members. They also scrutines the doc and examine the doc from societal perspective as they are more connected with the people They can invite experts or relevant people and can also invite public feedback Step 6--After the parliamentary committee's initial review, the document is sent to a specialized committee of experts. This expert committee conducts a detailed technical review and an impact assessment, evaluating both the positive and negative consequences of the proposed law. Their analysis is crucial for identifying potential issues and strengthening the bill Step 7 -- goes back to parliamentary committee they can incorporate changes as necessary Step 8-- Once all revisions are complete and the document is deemed satisfactory, it is formally submitted to Parliament. With this submission, the proposal transitions from a draft into an official bill, ready to be debated and voted on by the legislative body The process of passing a Bill starts with the proposal of a new law. A Member of Parliament (MP) drafts a Bill or suggests changes to existing laws. The Bill is then submitted to the relevant ministry for examination and approval. Proposal and introduction of Bill includes First Reading of The Bill, Second Reading and Commitee stage and Third Reading and Voting. After the Bill gets approval. The Bill is presented in either the Lok Sabha or the Rajya Sabha. It depends on the type of Bill. Financial matters Bills are also known as Money Bills. These must be presented in the Lok Sabha. Other Bills can be presented in either house. **First Reading** During the first reading, the Bill is introduced by MP or Minister. The Bill can be presented in any of the houses. The minister or MP provides an explanation of its objectives and provisions. No discussion or voting takes place during this stage. **Second Reading and Committee Stage** During the second reading, the Bill is examined. Members of Parliament discuss and debate its provisions. After the Bill is examined, amendments can be suggested. This stage involves debates. The MPs express their opinions and concerns about the Bill. The Bill moves to the Committee Stage after the second reading. A committee of MPs studies the Bill carefully. The provisions of the Bills are examined carefully. The Committee may suggest further amendments. This process allows for a review of the proposed law. **Third Reading and Voting** The House receives the final Bill during its third reading. MPs may express their views on the Bill. MP cannot make changes at this point. After the debate, they vote on the Bill. Members of Parliament vote on the Bill. If a majority of the MPs present and voting support the Bill, the Bill is considered passed in that particular house. **Article 108--** Once a Bill is introduced and passed in one House of Parliament (either Lok Sabha or Rajya Sabha), it is transmitted to the other House for approval. However, there are situations where the two Houses may not agree on the Bill. In such cases, a joint sitting of both Houses may be called to resolve the deadlock. ### Situations Leading to a Joint Sitting A joint sitting is called when: 1. 2. 3. - - - - Step 10 -- After both houses pass the Bill and agree on the amendments. The Bill is then sent to the President of India for approval. The President reviews the Bill and can either give assent or withhold it. If the President gives assent, the Bill becomes an Act. Step 11 and 12-- The bill is published in the Official Gazette. Entry into forced and acceptance by state. Step 13-- The bill comes into effect, as per the dates specified in the gazette notification andn binding. **CASE LAWS** 1. a. b. c. d. e. 2. 3. f. g. h. 4. i. j. k. l. 5. m. n. o. 6. p. q. r. 7. s. t. u. 8. v. 9. w. x. y. z. a. b. 10. c. 11. d. e. f.