Indian Constitution PDF

THE PRIME MINISTER AND THE COUNCIL OF MINISTERS In the parliamentary form of Indian Government, like Britain, the president is the nominal executive authority. Under the Constitution of India, the President must have a Council of Ministers responsible to the Lok Sabha to "aid & advise" him in the ex...

THE PRIME MINISTER AND THE COUNCIL OF MINISTERS In the parliamentary form of Indian Government, like Britain, the president is the nominal executive authority. Under the Constitution of India, the President must have a Council of Ministers responsible to the Lok Sabha to "aid & advise" him in the exercise of his functions. Appointment: The President appoints the Prime Minister and on the advice of the Prime Minister he appoints other ministers under Article - 75. Duration, Responsibility and Oath All the ministers including the Prime Minister hold office during the pleasure of the President. The ministers are collectively responsible to the Lok Sabha. The President administers the oath of office to each minister before he enters upon his office. The President can appoint a person as a minister who is not a member of the Parliament at the time of appoint1ment. But such a minister should become a member of Parliament within 6 months after entering upon his office. Composition of the Council of Ministers: The size of Council of Ministers is determined by the Prime Minister. It consists of three categories of ministers namely Cabinet Ministers. Ministers of State & Deputy Ministers. The Cabinet Ministers headed the important department of the Union Government. They attend the meetings of the Cabinet and decide the polices of the union government. The Cabinet is the supreme governing authority of the central government. The Ministers of State can either be given independent charge of departments or can be attached to Cabinet ministers. They do not attend the Cabinet meetings unless if they are specially invited. They are not members of the Cabinet. The Deputy Minister Cabinet are not given independent charge of departments. They are attached to the Cabinet ministers and assist them. The Powers & Functions of the Prime Minister: The Prime Minister is the leader of the majority party in the Lok Sabha. He is called upon by the President to form a government. Other Ministers are appointed by the President on the advice of the Prime Minister is competent to ask for any Minister s resignation or to drop him from the Cabinet. In case of the Prime Minister's resignation, the whole Cabinet is deemed to have resigned with him/ her. The Prime Minister is the real link between the political and the administrative functionaries and also between the Government and the President. He. along with his Cabinet, forms the working executive of the Union. He guides and co-ordinates the working of his Ministers, plans and spells out the major policy decisions regarding governance of the country or direction of foreign policy. He is in fact the brain behind all Governmental activities. He represents the Cabinet as a whole in the Parliament. Indian Prime Ministers: Jawaharlal Nehru Aug. 15, 1947 -May 27, 1964. Guljari Lal Nanda (Acting) May 27, 1964-June 9, 1964. Lal Bahadur Shastri June 9, 1964- Jan. 11, 1966. Guljari Lal Nanda (Acting) Jan. 11, 1966 -Jan. 24, 1966. Indira Gandhi Jan. 24, 1966 - March 24, 1977. Morarji Desai March 24, 1977 -July 28, 1979. Chaudhary Charan Singh July 28th, 1979 -Jan. 14, 1980. Indira Gandhi Jan. 14, 1980 -Oct. 31, 1984. Rajeev Gandhi Oct. 31, 1984 -Dec. 1, 1989. Vishwanath Pratap Singh Dec. 2, 1989- Nov. 10, 1990. Chandra Sekhar Nov. 10, 1990-June 21, 1991 Narsimha Rao June 21, 1991 - May 15, 1996. I.K. Gujral April 21, 1997 - March 18, 1998. Atal Bihari Bajpayee May 16, 1996 - May 31, 1996. H.D. Deve Gauda June1; 1996 - April 20, 1997. Atal Bihari Vajpayee March 19, 1998 -Oct. 13, 1999. Atal Bihari Bajpayee Oct. 13, 1999- May 22, 2004. Dr. Manmohan Singh May 2004 - May 2009. Dr. Manmohan Singh May 2009-26th May, 2014. Narendra Modi 26th May 2014-till date Union Legislature- Parliament and Parliamentary proceedings. A Union Legislature refers to the central legislative body of a union or federal government. In many countries, this body is called Parliament. The structure and functions of a parliament can vary, but generally, it serves as the highest legislative authority responsible for making and passing laws, representing the electorate, and overseeing the government. Components of a Union Legislature Bicameral vs. Unicameral Systems: Bicameral Legislature: Consists of two houses, typically an upper and a lower house. For example, in India, the Parliament is bicameral, comprising the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Unicameral Legislature: Has only one legislative house or chamber. Roles and Functions: Law Making: The primary function is to propose, debate, and pass legislation. Representation: Members represent the interests of their constituents. Budget Approval: Responsible for approving the government's budget and expenditures. Oversight: Monitors and reviews the actions and policies of the executive branch, ensuring accountability. Parliamentary Proceedings Parliamentary proceedings refer to the formal process by which a parliament conducts its business. These include debates, discussions, and decisions made by the members. Key components of parliamentary proceedings include: Sessions: A parliament typically has regular sessions, during which it meets to discuss and pass legislation. There can be several sessions in a year, depending on the country's constitution or parliamentary rules. Debates: Members of parliament (MPs) debate proposed laws, policies, and other national issues. Debates are often structured and follow specific rules to ensure orderly discussion. Committees: Parliaments often have various committees, such as standing committees, select committees, and joint committees. These committees scrutinize legislation, conduct inquiries, and make recommendations. Question Time: A designated period during which MPs can ask questions of government ministers. This is a key aspect of parliamentary oversight. Bills and Legislation: A bill is a proposal for new legislation or an amendment to existing laws. The process of passing a bill typically involves several readings and stages in both houses of a bicameral parliament. Once approved by both houses, the bill becomes law upon receiving the head of state's assent. Voting and Decision-Making: Decisions in parliament are often made through voting. Different types of votes, such as voice votes, division votes, and electronic voting, may be used depending on the issue. Procedural Rules: Each parliament has its own set of rules and procedures, often referred to as "standing orders" or "rules of procedure," which govern how business is conducted. Conclusion The structure and functioning of the Union Legislature and parliamentary proceedings are fundamental to the democratic governance of a country. They ensure that laws are made transparently, representatives are accountable, and the government is held responsible for its actions. The Union Legislature in India is composed of the Parliament, which is the supreme legislative body of the country. The Parliament consists of two houses: Lok Sabha (House of the People): This is the lower house of Parliament, directly elected by the people of India. Members of the Lok Sabha are elected for a term of five years. The Lok Sabha has 545 members, with 543 elected members and 2 nominated members from the Anglo-Indian community (though this provision was abolished by the 104th Amendment Act, 2019). Rajya Sabha (Council of States): This is the upper house of Parliament, which represents the states and union territories. Members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies and Electoral college for Union Territories for a term of six years. One-third of the members retire every two years. The Rajya Sabha has 250 members, of which 238 are elected and 12 are nominated by the President of India for their contributions to arts, literature, science, and social services. Parliamentary Proceedings The proceedings of the Parliament are governed by established rules and conventions. Some of the key components of parliamentary proceedings include: Sessions of Parliament: Parliament meets in three sessions each year: Budget Session (February to May) Monsoon Session (July to September) Winter Session (November to December) Question Hour: The first hour of a parliamentary sitting is dedicated to questions that Members of Parliament (MPs) can pose to ministers. These questions can be either starred (requiring an oral answer) or unstarred (requiring a written answer). Zero Hour: This is an informal session that begins immediately after the Question Hour, where MPs can raise urgent issues without prior notice. Debates and Discussions: MPs discuss and debate various issues, including bills, motions, and matters of public interest. Legislative Process: The process of law-making in Parliament involves the introduction of a bill, followed by its discussion, voting, and assent by the President. Bills can be introduced in either house of Parliament (except Money Bills, which must be introduced in the Lok Sabha). Motions: Motions are proposals made by MPs for the purpose of eliciting a decision from the house. These include Adjournment Motions, No-Confidence Motions, and Censure Motions, among others. Voting and Division: After debates, matters are put to a vote, and decisions are made based on the majority of votes. Division refers to a formal process of recording votes. Committees: Parliament has various committees (e.g., Public Accounts Committee, Estimates Committee) that scrutinize bills, budgets, and other matters. President’s Address: At the commencement of the first session of each year, the President of India addresses both houses of Parliament, outlining the government’s policies and legislative agenda. Prorogation and Adjournment: Parliament sessions are either prorogued (terminated by the President) or adjourned (suspended temporarily). These components ensure the functioning of the Indian Parliament as a democratic institution, enabling it to fulfill its legislative, oversight, and representational roles. Union Judiciary-Supreme Court of India – composition and powers and functions: Union Judiciary: Supreme Court of India The Supreme Court of India is the apex judicial authority in the country and serves as the final court of appeal. It holds significant powers and responsibilities in interpreting the Constitution, protecting fundamental rights, and ensuring justice. Composition of the Supreme Court of India Chief Justice of India (CJI): The head of the Supreme Court and the judiciary in India. Appointed by the President of India, usually based on seniority among the sitting judges of the Supreme Court. Other Judges: The Supreme Court can have a maximum of 34 judges, including the Chief Justice of India, as per the current sanctioned strength. Judges are appointed by the President of India, based on the recommendations of the Collegium, which consists of the CJI and the four senior-most judges of the Supreme Court. Judges hold office until they reach the age of 65. Powers and Functions of the Supreme Court of India Original Jurisdiction: The Supreme Court has the authority to hear disputes directly, without them being heard by lower courts first. This includes: Disputes between the Government of India and one or more states. Disputes between different states. Matters involving the enforcement of Fundamental Rights under Article 32 of the Constitution. Appellate Jurisdiction: The Supreme Court hears appeals against judgments of the High Courts and other lower courts. This includes: Appeals in civil, criminal, and constitutional cases. Special Leave Petition (SLP) under Article 136, where the Supreme Court can grant special permission to appeal against any judgment or order. Advisory Jurisdiction: Under Article 143, the President of India can seek the Supreme Court's opinion on any question of law or fact of public importance. The court's advisory opinion is not binding. Judicial Review: The Supreme Court has the power to review the constitutionality of laws and executive orders. If a law or order is found to be unconstitutional, the court can strike it down. Guardian of the Constitution: The Supreme Court acts as the protector of the Constitution. It ensures that the law and constitutional provisions are upheld by all authorities. Special Powers: Public Interest Litigation (PIL): The court allows individuals or groups to file petitions on behalf of those whose rights are affected but who may not have the means to approach the court themselves. Contempt of Court: The Supreme Court has the authority to punish individuals for contempt of court, which includes actions that disrespect or disobey the court's orders. Supervisory Role: The Supreme Court oversees the functioning of all lower courts in India. It can transfer cases from one High Court to another and issue directions for the proper functioning of the judicial system. Constitutional Interpretation: The Supreme Court has the final say in interpreting the Constitution. Its interpretations are binding on all other courts in the country. The Supreme Court of India plays a crucial role in maintaining the rule of law, upholding the Constitution, and ensuring justice for all citizens. Its powers and functions make it a cornerstone of Indian democracy.