Constitution of India PDF

Module-I Introduction to Indian Constitution:  Preamble of Indian constitution,  Salient features of Indian constitution,  Fundamental rights,  Fundamental Duties,  Features of Federal structure,  The Union Legislature/The Parliament: The Lok Sabha and the Rajya Sabha, INTRODUCTION:  This...

Module-I Introduction to Indian Constitution:  Preamble of Indian constitution,  Salient features of Indian constitution,  Fundamental rights,  Fundamental Duties,  Features of Federal structure,  The Union Legislature/The Parliament: The Lok Sabha and the Rajya Sabha, INTRODUCTION:  This subject will provide information about the working of our constitution, different institutions of the government and their relationship with each other. WHAT IS A CONSTITUTION?  Constitution is a document which consists of a number of articles about the state, specifying how the state is to be constituted and what rules it should follow.  Constitution of India is the supreme law of our country.  It establishes the structure, procedures, powers and duties of the government and spells out the Fundamental Rights, Directive Principles of State Policy and Duties of citizens. CONSTITUTION OF INDIA…  Constitution of India was passed by the Constituent Assembly on 26th November 1949 and it came into effect on 26th January 1950.  Constitution of India declares the Union of India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality and liberty and to promote among them all fraternity.  It is the longest written constitution in the world which contained 395 articles, 22 parts and 8 schedules at the time of commencement. At present after 105 amendments our constitution contains 448 articles, 25 parts and 12 schedules.  There are 1,17,369 words in the English version. Besides the English version, there is an official Hindi translation of our constitution. CONSTITUTION OF INDIA…  Dr. Bhimrao Ramji Ambedkar was the Chairman of the Constitution Drafting Committee who was the Chief Architect of Indian Constitution.  Major part of India was under British rule from 1858 to 1947.  In this period there was the freedom movement to gain independence from the foreign rule.  The movement ended in the formation of India and Pakistan on 15th August 1947.  Then we start to govern our country ourselves according to our own constitution from 26th January 1950. WHY DO WE NEED A CONSTITUTION? 1. A constitution provides a set of basic rules which allow for minimum co-ordination among members of a society. 2. It specifies who has the power to make decisions in the society. It decides how the government will be constituted. 3. Constitution sets some limits on the power of government.  Fundamental rights are possessed by the citizens of our country. No government is allowed to violate such rights.  Constitution protects the fundamental rights of citizens.  Citizens are protected from being arrested arbitrarily and for no reason. This is one limitation on the power of government.  Citizens have the right to freedom of speech, freedom of conscience, freedom of association, freedom to conduct a trade or business etc. CONSTITUTION OF INDIA…  But these rights can be limited during national emergency and under certain circumstances, these rights may be withdrawn. 4. A constitution enables the government to fulfill the aspirations of a society and create conditions for a just society. These are some of the needs for which most countries have a constitution. ---X--- SALIENT ATURES OF THE INDIAN CONSTITUTION SALIENT FEATURES OF INDIAN CONSTITUTION: Following features of Indian constitution distinguish it from other constitutions. 1. LENGTHIEST WRITTEN CONSTITUTION:  The constitution of India is the lengthiest of all the written constitutions of the world.  Originally, Indian constitution contained a preamble, 395 Articles, 22 parts and 8 schedules. Presently after various amendments it consists of a preamble, 470 Articles, 25 parts and 12 schedules. Following four factors have contributed to the elephantine size of our constitution. i)Geographical factors, i.e., the vastness of the country and its diversity. ii) Historical factors, e.g., the influence of the Government of India Act, 1935, which was bulky. (iii) Single constitution for both the centre and the states (iv) Dominance of legal luminaries in the constituent Assembly. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 2. DRAWN FROM VARIOUS SOURCES:  The constitution of India has borrowed most of its provisions from other constitutions as well as from the Government of India Act 1935.  Fundamental Rights and Directive Principles of State Policy are derived from the American and Irish constitutions respectively.  The Principle of Cabinet Government and the relations between the Executive and the Legislature have been drawn from the British Constitution.  The other provisions of the constitution have been drawn from the constitutions of Australia, Canada, France, Germany, Japan, South Africa, USSR and so on.  The Emergency Powers, Federal Scheme, Governors, Judiciary, Public Service Commissions and most of the administrative details are drawn from Government of India Act 1935. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 3. BOTH RIGID AND FLEXIBLE:  The constitution of India is neither rigid nor flexible but a synthesis of both.  Article 368 provides for following types of amendments: i) Some provisions can be amended by a special majority of the parliament, i.e., a two third majority of the members of each house present and voting, and a majority (that is more than 50 percent), of the total membership of each house. ii) Some other provisions can be amended by a special majority of the parliament and with the approval by half of the total states in simple majority. iii) At the same time, some provisions of the constitution can be amended by a simple majority of the parliament. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 4. FEDERAL SYSTEM WITH UNITARY BIAS:  The constitution of India establishes a federal system of government which contains all the features of a federation, viz., two governments, division of powers, written constitution, supremacy of constitution, rigidity of constitution, independent judiciary and bicameralism.  However, the Indian constitution also contains a large number of unitary features, viz., a strong centre, single constitution, single citizenship, flexibility of constitution, integrated judiciary, appointment of state governor by the centre, all India services, emergency provisions, and so on. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 5.PARLIAMENTARY FROM OF GOVERNMENT:  The constitution of India has opted for the British parliamentary system of Government.  The constitution establishes the parliamentary system not only at the centre but also in the states.  Some of the features of parliamentary government in India are: i)Presence of nominal and real executives; ii) Majority party rule, iii) Collective responsibility of the executive to the legislature, iv) Membership of the ministers in the legislature, v) Leadership of the Prime Minister or the Chief Minister, vi) Dissolution of the lower house (Lok Sabha or Legislative Assembly) SALIENT FEATURES OF THE INDIAN CONSTITUTION… 6. INTEGRATED AND INDEPENDENT JUDICIARY:  The Indian Constitution establishes a judicial system which is integrated as well as independent. The supreme court is at the top of the integrated judicial system.  Below it, there are high courts at the state level and under a high court, there will be district courts and other lower courts. This single system of courts enforces both the central laws as well as the state laws.  The supreme court is the highest court of appeal and it is the guarantor of the fundamental rights of the citizens. It is the guardian of the constitution. The constitution has made various provisions to ensure the independence of judiciary. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 7. FUNDAMENTAL RIGHTS:  Indian constitution guarantees six fundamental rights to all the citizens such as Right to Equality, Right to Freedom, Right against Exploitation, Right to freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.  The fundamental rights are meant for promoting political democracy. These are the limitations on the executive and arbitrary laws of the legislature.  They are justiciable in nature, that is, they are enforceable by the courts for their violation. The aggrieved person can directly go to Supreme Court/High Court which can issue the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto for the restoration of his rights.  Fundamental rights are also subject to reasonable restrictions. They can be curtailed by the Parliament through a constitutional amendment act and can also be suspended during National SALIENT FEATURES OF THE INDIAN CONSTITUTION… 8. DIRECTIVE PRINCIPLES OF STATE POLICY:  The Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution which has been taken from the Irish Constitution. They seek to establish a ‘welfare state’ in India.  These are not enforceable by the courts for their violation.  The philosophy behind the Directive Principles of State Policy is that the Central and State governments should follow these principles while they frame their policies. 9. FUNDAMENTAL DUTIES:  The fundamental duties were added during the internal emergency (1975-77). These are namely, to respect the constitution, national flag and national anthem; to protect the sovereignty, unity and integrity of the country; to promote the spirit of brotherhood amongst all the people; to preserve our rich heritage and so on. It is a reminder to citizens that while enjoying their rights they should be conscious about their duties. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 10. A SECULAR STATE:  The constitution of India stands for a secular state. There is no official or state religion in India.  Being a secular state, India treats all its citizens alike and give them equal opportunities.  India guarantees, constitutionally, freedom of religion to all persons.  No discrimination can be made on the basis of religion, faith, caste, colour and sex. Every citizen is equal before law.  It guarantees right to religious minorities to maintain their own language and to establish educational institutions of their choice. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 11. UNIVERSAL ADULT FRANCHISE:  The Indian constitution adopts Universal Adult Franchise as a basis of elections to the Lok Sabha and the State Legislative Assemblies.  Every citizen who is not less than 18 years of age has a right to vote without any discrimination of caste, race, religion, sex, literacy, wealth, and so on.  The voting age was reduced to 18 years from 21 years by the 61st constitutional Amendment Act of 1988.  The introduction of Universal Adult Franchise by the constitution-makers was highly remarkable in view of the vast size of the country, its huge population, high poverty, social inequality and overwhelming illiteracy.  Universal Adult Franchise makes democracy broad-based, enhances the self-respect and prestige of the common men and upholds the principle of equality. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 12. SINGLE CITIZENSHIP:  Indian constitution provides for a single citizenship, that is the Indian citizenship.  In countries like U.S.A, each person is not only a citizen of USA but also a citizen of the particular state to which he belongs.  In India, all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country and no discrimination is made between them. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 13. EMERGENCY PROVISIONS:  Our constitution contains emergency provisions to enable the President to safe guard the sovereignty, unity, integrity and security of the country, the democratic political system and the constitution.  There are three types of emergencies: National emergency, State emergency and Financial emergency.  During an emergency, the central government becomes all- powerful and the states go into the total control of the centre.  It converts the federal structure into a unitary one without an amendment of the constitution.  This kind of transformation of the political system from federal (during normal times) to unitary (during emergency) is a unique feature of the Indian constitution. SALIENT FEATURES OF THE INDIAN CONSTITUTION… 14. THREE-TIER GOVERNMENT:  Originally, the Indian constitution provided for dual government, i.e., central and state governments.  Later, by constitutional Amendment we have added a third-tier of government, i.e., Local government.  The 73rd and 74th Amendment Acts of 1992 gave constitutional recognition to the panchayats (Rural Local Self Governments) and municipalities (Urban Local Self Governments). CRITICISMS OF THE CONSTITUTION: 1. A BORROWED CONSTITUTION:  The critics described Indian constitution as a ‘borrowed constitution’ or a ‘bag of borrowings’ or a ‘hotch-potch’ constitution’ or a ‘patch work’ of several documents of the world constitutions.  Parliamentary form of government is borrowed from the British constitution while federalism and judicial review is borrowed from the US constitution.  This criticism is unfair because, the framers of the constitution modified the features borrowed from other constitutions for our suitability and avoided their faults.  So, if it is a ‘patch work’ it is a ‘beautiful patch work’. CRITICISMS OF THE CONSTITUTION… 2. ELEPHANTINE SIZE:  The constitution of India is criticised as the lengthiest and detailed constitutional document.  According to Sir Ivor Jennings, a British constitutionalist, the provisions borrowed for Indian constitution were not well selected for which it was too long and complicated. 3. PARADISE OF THE LAWYERS:  According to critics, the Indian constitution is too legalistic and very complicated.  They opined that the legal language adopted in the constitution makes it complex.  Sir Ivor Jennings called it a “Lawyer’s paradise’’  Only experienced lawyers can understand the implications of the legal language. CRITICISMS OF THE CONSTITUTION… 4. UN-INDIAN ‘or’ ANTI-INDIAN:  According to the critics, the Indian Constitution is ‘un-Indian’ or ‘anti-Indian’ because it does not reflect the political traditions and the spirit of India. They said that the foreign nature of the constitution makes it unsuitable to the Indian situation.  In this context, a member of the Constituent Assembly, commented, “We wanted the music of veena or sitar, but here we have the music of an English band. 5. A CARBON COPY OF THE GOVERNMENT OF INDIA ACT 1935:  The critics said that the framers of the constitution have included a large number of provisions of the Government of India Act, 1935 in our constitution.  Hence, they called the constitution as a carbon copy of the Government of India Act. 1935 or an amended version of the Govt. of India Act. 1935. ---X--- THE PREAMBLE OF INDIAN CONSTITUTION INTRODUCTION:  The term ‘preamble’ refers to the introduction or preface to the constitution.  It contains the summary of the constitution.  The preamble has been amended only once by the 42nd Constitutional Amendment Act,1976, and three words: socialist, secular and integrity have been added. FEATURES OF THE PREAMBLE:  The preamble reveals the following four important features: 1. Source of authority of the Constitution:  The preamble states that the Constitution derives its authority from the people of India. 2. Nature of India State:  It declares India is a sovereign, socialist, secular, democratic republic. 3. Objectives of the constitution:  It specifies justice, liberty, equality and fraternity as the objectives. 4. Date of adoption of the constitution:  It specifies 26th November 1949 as the date. --- KEY WORDS IN PREAMBLE: 1. SOVEREIGN: The word ‘sovereign’ implies that India is neither dependent on any country nor a dominion of any other nation, but an independent state.  There is no authority above it. It is free to conduct its internal and external affairs.  Being a sovereign state, India can either acquire a foreign territory or surrender a part of its territory to a foreign state. 2. SOCIALIST: Indian socialism is a ‘democratic socialism’/ ‘state socialism’ and not a ‘communistic socialism’.  Communistic socialism involves nationalisation of all means of production and distribution and the abolition of private property but in our democratic socialism, there is ‘mixed economy’ where both public and private sector co-exist. It aims to end poverty, ignorance, disease and inequality of opportunity. PREAMBLE OF INDIAN CONSTITUTION… 3. SECULAR:  The term ‘secular’ was added by the 42nd constitutional Amendment Act of 1976.  There is a right to freedom of religion in our constitution. The Indian constitution represents the positive concept of secularism, i.e., all religions in our country have the same status and support from the state. 4. DEMOCRATIC:  In democracy, supreme power is possessed by the people.  Democracy is of two types: Direct and Indirect. In direct democracy, the people exercise their supreme power directly as in the case of Switzerland. PREAMBLE OF INDIAN CONSTITUTION…  There are four tools of direct democracy, namely, Referendum, Initiative, Recall and Plebiscite.  In indirect democracy, the representatives are elected by the people. The elected representative exercise the power and they carry on the government and make laws.  Indirect democracy is also known as representative democracy which is of two kinds: Parliamentary and Presidential.  The Indian constitution provides for Parliamentary Democracy. In this democracy, the Executive is responsible to the Legislature for all its policies and actions.  Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination are our democratic features. PREAMBLE OF INDIAN CONSTITUTION… 5. REPUBLIC: In a democracy the organisational structure can be classified into two categories: Monarchy and Republic.  In a monarchy, the head of the state (usually King or Queen) enjoys a hierarchy position, that is he/she comes into office through succession, e.g., Britain.  In a republic, the head of the state is always elected directly or indirectly for a fixed period, e.g, USA.  The term republic in our preamble indicates that India has an elected head called the President. He is elected indirectly for a fixed period of five years.  A republic also means two more things: i) vesting of political sovereignty in the people and not in a single individual like a king; ii) all public offices are opened to every citizen without any PREAMBLE OF INDIAN CONSTITUTION… 6. JUSTICE:  The term ‘justice’ in the preamble implies social justice, economic justice and political justice which are secured through various provisions of Fundamental Rights and Directive Principles of State policy.  Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on.  Economic justice denotes the non-discrimination between people on the basis of economic factors.  It involves the elimination of glaring inequalities in wealth, income and property.  Political justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government. PREAMBLE OF INDIAN CONSTITUTION… 7. LIBERTY:  The term ‘liberty’ means the absence of control on the activities of individuals.  It also means providing opportunities for the development of individual personalities.  The preamble secures liberty of thought, expression, belief, faith and worship to all citizens of India through fundamental rights which are enforceable in court of law, in case of violation.  Liberty is very essential for the successful functioning of Indian democratic system.  However, liberty does not mean ‘license’ to do what one likes, and has to be enjoyed within the limitations mentioned in the constitution. PREAMBLE OF INDIAN CONSTITUTION… 8. EQUALITY:  The term ‘equality’ means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.  The preamble secures equality of status and opportunity to all citizens of India. There are civic equality, political equality and economic equality.  To ensure civic equality, the following provisions are there in the fundamental Rights: i) Equality before law ii) No discrimination on grounds of religion, race, caste sex or place of birth. iii) Equality of opportunity in matters of public employment. iv) Abolition of untouchability v) Abolition of titles. PREAMBLE OF INDIAN CONSTITUTION…  There are two provisions in the constitution to achieve political equality: i) No one is ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex. ii) Elections to the Loksabha and the state assemblies are on the basis of adult suffrage.  The Directive Principles of State Policy secures equal right to an adequate means of livelihood and equal pay for equal work to men and women. This is to achieve economic equality. 9. FRATERNITY: It means a sense of brotherhood. The constitution promotes this feeling of fraternity by the system of single citizenship.  Also, according to the Fundamental Duties, it is the duty of every citizen to promote harmony and brotherhood among us.  The preamble declares that fraternity has to assure the dignity of the individual and the unity and integrity of the nation. SIGNIFICANCE OF THE PREAMBLE:  The preamble represents the basic philosophy on which the constitution of India is based.  It contains the noble vision of the Constituent Assembly.  It reflects the dreams and ambitions of the founding fathers of our constitution.  Preamble of our constitution is the horoscope of our sovereign democratic republic.  It is the most precious part of our constitution.  It is the soul of our constitution and a key to our constitution.  Preamble is the yardstick with which one can measure the worth of our constitution. ---X--- (5) FUNDAMENTAL RIGHTS:  The fundamental Rights are in Part - III of Indian constitution from Articles 12 to 35.  The fundamental rights are guaranteed by the constitution to all persons without any discrimination.  They prevent an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people.  The fundamental Rights are named so because they are guaranteed and protected by the constitution and also they are essential for the all-round development (material, intellectual, moral and spiritual) of the individuals.  Originally, there were seven Fundamental Rights: 1. Right to Equality (Articles 14-18) 2. Right to Freedom (Articles 19-22) 3. Right against Exploitation (Articles 23-24) FUNDAMENTAL RIGHTS… 4. Right to Freedom of Religion (Articles 25-28) 5. Cultural and Educational Rights (Articles 29-30) 6. Right to Property (Article-31) 7. Right to Constitutional Remedies (Article-32)  However, the Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978 and became a Legal Right.  So, at present, there are only six Fundamental Rights. 1. RIGHT TO EQUALITY:  Articles 14 to 18 of the constitution describe Right to Equality.  It is the foundation of all other rights and liberties, and guarantees the following: FUNDAMENTAL RIGHTS… i) EQUALITY BEFORE LAW:  Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country. It means that the state can not discriminate against a citizen on the basis of caste, creed, colour, sex, religion or place of birth. ii) SOCIAL EQUALITY AND EQUAL ACCESS TO PUBLIC AREAS:  Article 15 of the constitution states that every person shall have equal access to public places like public parks, museums, wells, bathing ghats and temples, etc.  However, the state may make any special provision for the advancements of women and children, socially or educationally backward class, scheduled castes or scheduled tribes. FUNDAMENTAL RIGHTS… iii) EQUALITY IN MATTERS OF PUBLIC EMPLOYMENT:  Article 16 of the constitution states that the state can not discriminate against any one in the matters of employment.  All citizens can apply for government jobs. There are some exceptions.  The state may reserve posts for the upliftment of backward classes. iv) ABOLITION OF UNTOUCHABILITY:  Article 17 of the constitution abolishes the practice of untouchability.  Practice of untouchability is an offence and anyone doing so is punishable by law.  There is also the provision of penalties for preventing a person from entering a place of worship or from taking water from a tank or a well. FUNDAMENTAL RIGHTS… v) ABOLITION OF TITLES:  Article 18 of the constitution prohibits the state from conferring any titles.  Citizens of India cannot accept titles from a foreign state.  The British government had created an aristocratic class known as Rai Bahadurs, Khan Bahadurs, etc. in India which were also abolished.  However, military and academic distinctions can be conferred on the citizens of India.  The awards of Bharat Ratna and Padma Vibhushan can not be used by the recipient as a title. FUNDAMENTAL RIGHTS… 2. RIGHT TO FREEDOM:  It is described in articles 19 to 22 of our constitution.  The right to freedom in Article 19 guarantees the following six freedoms: i) Freedom of speech and expression enable an individual to participate in public activities but reasonable restrictions can be imposed in the interest of public order, security of state, decency or morality. ii) Freedom to assemble peacefully without arms, on which the state can impose reasonable restrictions in the interest of public order, sovereignty and integrity of India. iii) Freedom to form associations or unions on which the state can impose reasonable restrictions in the interest of public order, morality and sovereignty and integrity of India. FUNDAMENTAL RIGHTS… iv) Freedom to move freely throughout India but reasonable restrictions can be imposed in the interest of the public. v) Freedom to reside and settle in any part of India which is also subject to reasonable restrictions in the interest of general public. vi) Freedom to practise any profession or to carry on any occupation/trade/business on which the state may impose reasonable restrictions in the interest of general public.  Thus, there is no right to carry on a business which is dangerous or immoral.  According to Article 20, no one can be awarded punishment which is more than what our law prescribes.  According to Article 21, a person’s life and personal liberty can only be disputed if that person has committed a crime. FUNDAMENTAL RIGHTS…  However, the right to life does not include the right to die and hence, suicide or an attempt to suicide is an offence.  The right to primary education is a part of the right to freedom for which the state provides free and compulsory education to children from six to fourteen years of age.  According to Article 22 no one can be arrested without being told the grounds for his arrest.  If arrested, the person has the right to defend himself by a lawyer and the person has to be brought before the magistrate within 24 hours.  The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India.  These freedoms are also automatically suspended during emergency. FUNDAMENTAL RIGHTS… 3. RIGHT AGAINST EXPLOITATION:  Articles 23 and 24 describe the right against exploitation.  The abolition of trafficking in human beings and forced labour and abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines are explained in these articles.  Child labour is considered as gross violation of the spirit and provisions of the constitution. 4. RIGHT TO FREEDOM OF RELIGION:  Right to freedom of religion has been covered in Articles 25 to 28.  This right provides religious freedom to all citizens of India.  The objective of this right is to maintain the principle of secularism in India. FUNDAMENTAL RIGHTS…  According to the constitution, all religions are equal before the state and no religion shall be given preference over the other.  Citizens are free to propagate any religion of their choice.  Religious communities can set up charitable institutions of their own but it can also be restricted in the greater interest of the society.  No person shall be compelled to pay taxes for the promotion of a particular religion.  A state run institution can not impart education which is pro-religion. FUNDAMENTAL RIGHTS… 5. CULTURAL AND EDUCATIONAL RIGHTS:  India is a country of many languages, religions, and cultures for which Indian constitution provides special measures to protect our cultural and educational rights.  Any community which has a language and a script of its own has the right to conserve and develop them.  No one can be discriminated for admission in state or state- aided institutions.  Any minority or religious community can set up and administer its educational institutions to preserve and develop their own culture.  In granting aid to institutions, the state can not discriminate against any institution on the basis of the fact that it is run by a minority community. But in case of maladministration, the state can interfere. FUNDAMENTAL RIGHTS… 6. RIGHT TO CONSTITUTIONAL REMEDIES:  Right to constitutional remedies empowers the citizens to move to a court of law in case of any denial of the fundamental rights.  For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the law of the country.  If the court finds that it is not, the person will have to be freed. The court can issue various kinds of writs to safeguard the citizen’s fundamental rights. When a national emergency is declared, fundamental rights are suspended by the central government. --- CRITICISM OF FUNDAMENTAL RIGHTS: The fundamental rights have been criticised as follows: 1. EXCESSIVE LIMITATIONS:  Fundamental rights are subjected to innumerable exceptions, restrictions, qualifications and explanations.  Hence, the critics remarked that the constitution grants fundamental rights with one hand and takes them away with the other hand. 2. NO CLARITY:  Fundamental Rights are stated in a vague, indefinite and ambiguous manner.  The various words used in describing the fundamental rights like ‘public order’, ‘minorities’, ‘reasonable restrictions’ ‘public interest’ and so on are not clearly defined. CRITICISM OF FUNDAMENTAL RIGHTS…  The language used to describe them is very complicated and beyond the comprehension of the common man.  It is alleged that the constitution was made by the lawyers for the lawyers. 3. NO PERMANENCY:  Fundamental Rights are not untouchable or unchallengeable as the parliament can curtail or abolish them, for example, the abolition of the Fundamental Right to Property in 1978.  Hence, they can become a play tool in the hands of politicians having majority support in the parliament. 4. SUSPENSION DURING EMERGENCY:  The suspension of fundamental rights during the operation of national emergency is another stain on the effectiveness of these rights. CRITICISM OF FUNDAMENTAL RIGHTS…  This provision cuts the roots of democratic system in the country.  According to the critics, the fundamental Rights should be enjoyable in all situations: Emergency or No Emergency. 5. EXPENSIVE REMEDY:  The judiciary protects the fundamental rights against the interference of the legislatures and executives.  However, the judicial process is too expensive and obstructs the common man from getting his rights enforced through the courts.  Hence, the critics say that the right to constitutional remedies help mainly the rich people. --- SIGNIFICANCE OF FUNDAMENTAL RIGHTS:  In spite of the above criticism, the fundamental rights are significant in the following respects: 1. Fundamental Rights constitute the foundation of democratic system in our country. 2. They provide necessary conditions for the protection of our people. 3. They serve as a safeguard of individual liberty. 4. They facilitate the establishment of rule of law in the country. 5. They protect the interest of minorities and weaker sections of society. 6. They strengthen the secular structure of our country. 7. They check the absolute power of the government. SIGNIFICANCE OF FUNDAMENTAL RIGHTS… 8. They lay down the foundation stone of social equality and social justice. 9. They ensure the dignity and respect of individuals. 10. They facilitate the participation of people in the political and administrative process. ---x--- (6)  FUNDAMENTAL DUTIES AND ITS LEGAL STATUS:  The rights and duties of the citizens are correlative and inseparable.  The original constitution contained only the fundamental rights and not the fundamental duties.  The framers of the constitution did not feel it necessary to incorporate the fundamental duties of the citizens in the constitution.  However, they incorporated the duties of the state in the constitution in the form of Directive Principles of State Policy.  Later by the 42nd Constitutional Amendment Act, 1976, ten fundamental duties of citizens were added in the constitution as Article 51 A in Part-IV A.  In 2002, one more fundamental duty was added by the 86th Constitutional Amendment Act. FUNDAMENTAL DUTIES AND ITS LEGAL STATUS…  The fundamental duties in the Indian constitution are inspired by the constitution of former USSR.  Most of the constitutions of democratic countries like Australia, Canada, France, Germany and USA do not contain a list of duties of citizens.  Other than Indian constitution, Japanese constitution is the only democratic constitution in the world contain a list of duties of citizens.  The socialist countries give equal importance to fundamental rights and duties of their citizens.  The necessity of fundamental duties was felt during the operation of the internal emergency (1975-1977).  Sardar Swaran Singh Committee recommended the inclusion of Fundamental Duties in the constitution. LIST OF FUNDAMENTAL DUTIES:  The fundamental duties are expected to follow by the citizens as a code of conduct in their actions.  According to Article 51 A, it shall be the duty of every citizen of India: 1) To abide by the constitution and respect its ideals and institutions, the National flag and the National anthem; 2) To cherish and follow the noble ideals that inspired the national struggle for freedom; 3) To uphold and protect the sovereignty, unity and integrity of India; 4) To defend the country and render national service when called upon to do; 5) To promote harmony and spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities and give up practices derogatory to the dignity of woman; LIST OF FUNDAMENTAL DUTIES… 6) To value and preserve the rich heritage of the country’s composite culture; 7) To protect and improve the natural environment including forests, lakes, rivers and wild life and to have kindness for living creatures; 8) To develop scientific temper, humanism and the spirit of inquiry and reform; 9) To safeguard public property and to renounce violence; 10) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of effort and achievement; and 11) To provide opportunities for education to each child between the age of six and fourteen years. FEATURES OF THE FUNDAMENTAL DUTIES: 1) Some of the fundamental duties are moral duties while others are civic duties.  For instance, appreciating noble ideals of freedom struggle is a moral teaching and respecting the constitution, National Flag and National Anthem is a civic duty. 2) Fundamental duties refer to such values which have been a part of the Indian tradition, mythology, religions and practices.  In other words, they contain a codification of tasks integral to the Indian way of life. 3) The fundamental duties are confined to Indian citizens only and do not extend to foreigners but certain fundamental rights are extended to all persons whether Indian citizens or foreigners. FEATURES OF FUNDAMENTAL DUTIES … 4) Fundamental duties are non-justiciable.  The constitution does not provide for their direct enforcement by the courts.  There is no legal sanction against their violation.  However, the parliament is free to enforce them by suitable legislation. --- CRITICISM OF FUNDAMENTAL DUTIES: The Fundamental Duties have been criticised on the following grounds: 1. The list of fundamental duties does not cover many other duties like casting vote, paying taxes, family planning and so on. 2. Some of the fundamental duties are vague, ambiguous and difficult to be understood by the common man. For example, different interpretation can be given to the phrases like ‘noble ideals’, ‘composite culture’, ‘scientific temper’ and so on. 3. Fundamental duties have been described by the critics as a moral teachings due to their non-justiciable character. 4. The critics said that the inclusion of fundamental duties as an addition to Part-IV of the constitution has reduced their value and significance. Fundamental Duties should have been added after Part-III so as to keep them at par with Fundamental Rights. SIGNIFICANCE OF FUNDAMENTAL DUTIES:  In spite of criticisms, the fundamental duties are significant from the following perspectives: 1. Fundamental duties serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens. 2. Fundamental duties serve as a warning against the anti- national and anti-social activities like burning the national flag, destroying public property and so on. 3. Fundamental duties serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them.  They create a feeling that the citizens are not mere spectators but active participants in the realisation of national goals. SIGNIFICANCE OF FUNDAMENTAL DUTIES… 4. Fundamental duties are enforceable by law.  Hence, the Parliament can impose appropriate punishment for failure to fulfill any of the fundamental duties.  Indira Gandhi, the then Prime Minister, justified the inclusion of Fundamental Duties in the constitution and argued that their inclusion would help to strengthen our democracy.  She also said that people should be conscious of their duties equally as they are conscious of their rights. --- FEDERAL STRUCTURE FEDERAL STRUCTURE:  Government is classified as unitary and federal on the basis of relations between the national government and regional governments.  A unitary government is one in which all the powers are vested in the national government and the regional governments (if exists) derive their authority from the national government.  A federal government is one in which powers are divided between the national government and the regional governments and both operate in their respective jurisdictions independently.  In a federal structure, the national government is known as the Federal Government and the regional government is known as the State Government or Provincial Government. Belgium, Britain, China, France, Italy, Japan, Norway, Spain, Sweden, and so on have the unitary structure of government while Argentina, Australia, Brazil, Canada, Russia, Switzerland, the U.S and so on have the federal structure of government.  The features of the federal and unitary structures are mentioned below in a comparative manner.  COMPARISON BETWEEN FEDERAL & UNITARY STRUCTURES FEDERAL STRUCTURE UNITARY STRUCTURE i) Dual government, that is, i) Single government, that is, the national government and state national government which may create regional governments. government. ii) Constitution may be written like ii) Written constitution France or unwritten like Britain. iii) Division of powers between iii) No division of powers. All powers the national and state are vested in the national governments. government. iv) Supremacy of the iv) Constitution may be supreme constitution (Japan) or may not be supreme v) Rigid constitution. (Britain). v) Constitution may be rigid (France) or flexible (Britain). vi) Independent judiciary vi) Judiciary may be independent or may not be independent vii) Bicameral legislature --- vii) Legislature may be bicameral (Britain) or unicameral (China). --- FEDERAL STRUCTURE…  The term ‘federation’ is derived from a Latin word ‘foedus’ which means ‘treaty’ or ‘agreement’.  Thus, a federation is a political system which is formed through a treaty or an agreement between the various units.  The units of a federation are known by various names like states (as in US) or cantons (as in Switzerland) or provinces (as in Canada) or republics (as in Russia).  The US is the first and the oldest federation in the world.  The constitution of India provides for a federal system of government in our country. But the term ‘federation’ has no where been used in our constitution. Article - 1 of the constitution describes India is a ‘union of states’.  According to Dr. B. R. Ambedkar, the phrase ‘union of states’ has been preferred to ‘Federation of states’ to indicate two things. i) The Indian federation is not the result of an agreement among the states like the American Federation; and ii) The states have no right to secede from the federation. Our federation is a union because it is indestructible. FEDERAL FEATURES OF INDIAN CONSTITUTION:  The federal features of the constitution of India are: 1) DUAL POLITY:  The constitution of India establishes a dual polity consisting the union at the centre and the states at the periphery.  Each is provided with sovereign powers to be exercised in the field assigned to them respectively by the constitution.  The union government deals with the matters of national importance like defence, foreign affairs, currency, communication and so on.  The state governments, on the other hand, look after the matters of regional and local importance like public order, agriculture, health, local government and so on. FEDERAL FEATURES… 2) WRITTEN CONSTITUTION:  The constitution of India is not only a written document but also the lengthiest constitution of the world.  Originally, it contained a preamble, 395 Articles (divided into 22 parts) 8 schedules but at present (2o16), it consists of a preamble, 448 Articles (divided into 25 parts) and 12 schedules.  It specifies the structure, organisation, powers and function of both the central and state governments and prescribes the limits within which they must operate. Thus, it avoids the misunderstandings and disagreements between the two. 3) DIVISION OF POWERS:  The constitution of India divided the powers between the centre and the states in terms of the Union List, State List and Concurrent List in the 7th Schedule. FEDERAL FEATURES…  The Union List consists of 100 subjects, the State List 61 subjects and the Concurrent List 52 subjects.  Both the centre and the states can make laws on the subjects of the Concurrent List, but in case of conflict, the central law prevails.  The residuary subjects (i.e., which are not mentioned in any of the three lists) are given to the centre. 4) SUPREMACY OF THE CONSTITUTION:  The constitution is the supreme law of the land.  The laws enacted by the centre and the states must conform to the provisions of the constitution of India.  Otherwise, they can be declared invalid by the Supreme Court or the High Courts through their power of Judicial Review. FEDERAL FEATURES…  Thus, the organs of the government (Legislative, Executive and Judicial) at both the levels must operate within the jurisdiction prescribed by the constitution. 5) RIGID CONSTITUTION:  The division of powers established by the constitution as well as the supremacy of the constitution can be maintained only if the method of its amendment is rigid.  Hence, the constitution is rigid to the extent that those provisions which are concerned with the federal structure (i.e., centre-state relations and judicial organisation) can be amended only by the joint action of the central and state governments.  Such provisions can be amended by a special majority of the parliament and also an approval of half of the state legislatures. FEDERAL FEATURES… 6) INDEPENDENT JUDICIARY:  The constitution of India establishes an independent judiciary headed by the Supreme Court for two purposes: one, to protect the supremacy of the constitution by exercising the power of judicial review; and two, to resolve the disputes between the centre and the states or between the states.  The constitution contains various measures like: security of tenure to judges, fixed service conditions and so on to make the judiciary independent of the government. 7) BICAMERALISM:  The constitution provides for a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha).  The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the people of India as a whole.  The Rajya Sabha protects the interests of the states against the undue interference of the centre. --- UNITARY FEATURES OF INDIAN CONSTITUTION:  Besides the federal features, Indian constitution also possesses the following unitary or non-federal features: 1) STRONG CENTRE:  The division of powers is in favour of the centre. i. The union list contains more subjects than the state list. ii. More important subjects have been included in the union list. iii. Centre has overriding authority over the concurrent list. iv. The residuary powers have also left with the centre;  Thus, the constitution has made the centre very strong. 2) STATES NOT INDESTRUCTIBLE:  The states in India have no right to territorial integrity.  The parliament can by unilateral action can change the area, boundaries or name of any state. UNITARY FEATURES…  Moreover, it requires only a simple majority and not a special majority. Hence, the Indian Federation is ‘an indestructible union of destructible states.’ 3) SINGLE CONSTITUTION:  Usually, in a federation, the states have the right to frame their own constitutions but in India no such power is given to the states.  Both the centre and the states operate within a single constitution. 4) FIEXIBILITY OF THE CONSTITUTION:  Constitutional amendment is less rigid than that of other federation. The bulk of the constitution can be amended by the unilateral action of the Parliament, either by simple majority or by special majority.  Further, the power to initiate an amendment to the constitution lies only with the centre. UNITARY FEATURES… 5) EMERGENCY PROVISIONS:  There are three types of emergencies: National, State and Financial.  During emergency, the central government becomes all powerful and the states will be in the total control of the centre. It converts the federal structure into a unitary during emergency. 6) SINGLE CITIZENSHIP:  In spite of a dual polity, the constitution of India adopted the system of single citizenship.  There is only Indian citizenship and no separate citizenship.  All citizens enjoy the same rights all over the country.  The other federal countries have dual citizenship, that is, national citizenship as well as state citizenship. UNITARY FEATURES… 7) INTEGRATED JUDICIARY:  The Indian constitution has established an integrated judicial system with the supreme court at the top and the state high courts below it.  This single system of courts enforces both the central laws as well as the state laws. 8) ALL INDIA SERVICES:  In India, the centre and the states have their separate public services.  But, in addition, there are all India services (IAS, IPS and IFS) which are common to both the centre and the states.  The members of these services are recruited and trained by the centre which also possess ultimate control over them.  Thus, these services violate the principle of federalism. UNITARY FEATURES… 9) INTEGRATED AUDIT MACHINERY:  The Comptroller and Auditor General of India audits the accounts of not only the central government but also those of the states.  But, his appointment and removal is done by the President without consulting the states.  Hence, this office restricts the financial autonomy of the states. 10) PARLIAMENT’S AUTHORITY OVER STATE LIST:  The Parliament is empowered to legislate on any subject of the state list if Rajya Sabha passes a resolution in the national interest.  Especially, this can be done when there is no emergency. UNITARY FEATURES… 11) APPOINTMENT OF GOVERNOR:  The governor, who is the head of the state, is appointed by the President.  He holds the office during the pleasure of the President.  He also acts as an agent of the centre.  Through him, the centre exercises control over the states. 12) INTEGRATED ELECTION MACHINERY:  The Election Commission conducts elections not only to the central legislature but also to the state legislatures.  But this body is constituted by the President and the states have no say in this matter.  The President can remove any member of the Election Commission. UNITARY FEATURES… 13) VETO OVER STATE BILLS:  The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President.  The President can withhold his assent to such bills not only in the first instance but also in the second instance.  Thus, the President enjoys absolute veto over state bills. --- CRITICAL EVALUATION OF THE FEDERAL SYSTEM IN INDIA:  It is clear that Indian constitution has incorporated a large number of unitary or non-federal features.  More power has been given to the centre for which the constitutional experts challenge the federal character of our constitution. CRITICAL EVALUATION OF THE FEDERAL SYSTEM…  Though our constitution has created a strong central government, it has not made the state governments weak and has not reduced them to the level of administrative agencies for the execution of policies of the central government.  Indian federation is a new kind of federation to meet India’s peculiar needs. --- (9) THE UNION LEGISLATURE:  The union legislature is called Parliament which occupies the central position in our democratic political system.  Article 79 to 122 of the constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the Parliament( Lok Sabha and Rajya Sabha). ORGANISATION OF PARLIAMENT:  Our Parliament consists of President, Rajya Sabha and Lok Sabha.  The Rajya Sabha/ the Council of States/Second Chamber/Upper House/House of Elders represents the states and union territories of India and the Lok Sabha/ the House of the People/ First Chamber/ Lower House/ Popular House represents the people of India as a whole. THE UNION LEGISLATURE…  Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of Parliament.  This is because a bill passed by both the houses of Parliament cannot become law without the consent of the President.  He also performs certain functions of the Parliament, e. g., he summons, pro-rogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when the Parliament is not in session and so on. COMPOSITION OF THE PARLIAMENT:  The composition of the Parliament has been discussed under the two following heads: THE UNION LEGISLATURE… COMPOSITION OF RAJYA SABHA:  The maximum strength of the Rajya Sabha is fixed at 250 out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the President. 1) REPRESENTATION OF STATES:  The representatives of state in Rajya Sabha are elected by the elected members of state legislative assemblies.  The election is held in accordance with the System of Proportional Representation by Means of Single Transferable Vote.  The seats are allotted to the states in the Rajya Sabha on the basis of population. THE UNION LEGISLATURE… 2) REPRESENTATION OF UNION TERRITORIES:  The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.  This election is also held in accordance with the System of Proportional Representation by Means of Single Transferable Vote.  Out of the eight union territories, only Delhi, Jammu & Kashmir and Puducherry have representation in the Rajya Sabha.  The populations of other five union territories are too small to have any representatives in the Rajya Sabha. THE UNION LEGISLATURE… 3) NOMINATED MEMBERS:  The President nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service.  The justification behind this principle of nomination is to provide eminent persons a place in the Rajya Sabha without going through the process of election. COMPOSITION OF LOK SABHA:  The maximum strength of the Lok Sabha is fixed at 552.Out of this, 530 members are the representatives of the states, 20 members are the representatives of the union territories and 2 members are nominated by the President from the Anglo- Indian community.  At present, the Lok Sabha has 545 members. Of these, 530 members represent the states, 13 members represent the union territories and 2 Anglo-Indian members are nominated by the President. THE UNION LEGISLATURE… 1) REPRESENTATION OF STATES:  The representatives of states in the Lok Sabha are directly elected by the people from the constituencies in the states.  The election is based on the principle of Universal Adult Franchise.  Every Indian citizen who is 18 years of age or above and who is not disqualified under the provisions of the constitution or any law is eligible to vote at such election. 2) REPRESENTATION OF UNION TERRITORIES: The representatives of Union territories in the Lok Sabha are also directly elected by the people from the constituencies in the union territories. 3) NOMINATED MEMBERS:  The President can nominate two members from the Anglo- Indian community if the community is not adequately represented in the Lok Sabha. THE UNION LEGISLATURE… DURATION OF RAJYA SABHA:  The Rajya Sabha first constituted in 1952.  It is a continuing chamber, that is, it is a permanent body and not subject to dissolution.  However, one third of its members retire every second year.  Their seats are filled up by fresh elections and presidential nominations at the beginning of every third year.  The retiring members are eligible for re-election and nomination any number of times.  The term of office of a member of the Rajya Sabha shall be six years.  In the first batch, the term of members was decided by lottery as to who should retire. THE UNION LEGISLATURE… DURATION OF LOK SABHA:  The normal term of Lok Sabha is five years from the date of its first meeting after the general elections, after which it dissolves automatically.  However, the President is authorised to dissolve the Lok Sabha at any time before the completion of five years and this can not be challenged in a court of law.  Further, the term of Lok Sabha can be extended during the period of national emergency for any length of time.  However, this extension can not continue beyond a period of six months after the emergency is ceased to operate. THE UNION LEGISLATURE… QUALIFICATIONS OF MEMBERS OF PARLIAMENT: 1) He must be a citizen of India. 2) He must be not less than 30 years of age in the case of Rajya Sabha and not less than 25 years of age in the case of Lok Sabha. 3) He must make an oath before the person authorised by the Election Commission to bear true faith on the constitution of India and to uphold the sovereignty and integrity of India. 4) He must posses other qualifications prescribed by the Parliament. THE UNION LEGISLATURE… DISQUALIFICATIONS OF MEMBERS OF PARLIAMENT:  A person shall be disqualified for being elected as a member of Parliament: 1) If he holds any office of profit under the government (except that of a minister or any other office exempted by Parliament) 2) If he is of unsound mind which declared by a court. 3) If he is a bankrupt. 4) If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state. 5) If he is disqualified under any law made by Parliament. THE UNION LEGISLATURE… SALARIES AND ALLOWANCES OF MP:  Members of either House of Parliament are entitled to receive such salaries and allowances as may be determined by the Parliament. There is no provision of pension for MP in the constitution but Parliament has provided pension to the members. PRESIDING OFFICERS OF PARLIAMENT:  Each house of Parliament has its own presiding officer.  There is a Speaker and a Deputy speaker for the Lok Sabha.  There is a Chairman and a Deputy Chairman for the Rajya Sabha.  A panel of Chairpersons for the Lok Sabha and a panel of Vice-Chairpersons for the Rajya Sabha are also appointed. THE UNION LEGISLATURE… SECRETARIAT OF PARLIAMENT:  Each house of Parliament has separate secretarial staff of its own, though there can be some posts common to both the house.  Their recruitment and service conditions are regulated by Parliament.  The secretariat of each house is headed by a Secretary- General.  He is a permanent officer and is appointed by the Presiding Officer of the house. THE UNION LEGISLATURE… LEADER OF THE HOUSE:  In Lok Sabha, the ‘Leader of the House’ means the Prime Minister or a member of the Lok Sabha may be nominated by the Prime Minister to function as the Leader of the House.  There is also a ‘Leader of the House’ in the Rajya Sabha.  He is a minister and a member of the Rajya Sabha and is nominated by the Prime Minister to function as such.  He can also nominate a Deputy Leader of the House.  The leader of the house in either house exercises direct influence on the conduct of business. THE UNION LEGISLATURE… LEADER OF THE OPPOSITION:  In each House of Parliament, there is the Leader of the Opposition.  The leader of the largest opposition party having not less than one-tenth seats of the total strength of the House is recognised as the Leader of the Opposition in that House.  In a parliamentary system of government, the leader of the opposition has a significant role to play.  His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government.  The leader of the opposition in the Lok Sabha and the leader of the opposition in the Rajya Sabha are entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister. THE UNION LEGISLATURE… WHIP:  Every political party, whether ruling or opposition has its own Whip in the Parliament.  He is appointed by the political party to serve as an Assistant Floor Leader.  His responsibility is to ensure the attendance of his party members in large numbers and secure their support in favour of or against a particular issue.  He regulates and monitors their behaviour in the Parliament.  The members are supposed to follow the directives given by the whip otherwise disciplinary action can be taken. THE UNION LEGISLATURE… SESSIONS OF PARLIAMENT: SUMMONING:  The President from time to time summons each House of Parliament to meet. But the maximum gap between two sessions of Parliament can not be more than six months.  In other words, the Parliament should meet at least twice a year.  There are usually three sessions in a year, viz, i) The Budget Session (February to May); ii) The Monsoon Session (July to September); and iii) The Winter Session (November to December).  During a session, the House meets everyday to transact business. THE UNION LEGISLATURE… ADJOURNMENT:  A session of Parliament consists of many meetings.  Each meeting of a day consists of two sittings, that is, a Morning Sitting from 11 A.M to 1 P.M and Post Lunch Sitting from 2 P.M to 6 P.M.  A sitting of Parliament can be terminated by adjournment or adjournment sine die or prorogation or dissolution (in case of Lok Sabha).  An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. THE UNION LEGISLATURE… DISSOLUTION:  Rajya Sabha, being a permanent House, is not subject to dissolution. Only, the Lok Sabha is subject to dissolution.  A dissolution ends the very life of the existing House and a new house is constituted after general elections are held.  The dissolution of the Lok Sabha may take place in either of two ways: i) Automatic dissolution, that is , on the expiry of its tenure of five years or the terms as extended during a National Emergency; or ii) When the President decides to dissolve the house, which he is authorised to do so. THE UNION LEGISLATURE… QUORUM IN PARLIAMENT:  Quorum is the minimum number of members required to be present in the house before it can transact any business.  It is one-tenth of the total number of members in each house including the Presiding Officer.  It means that there must be at least 55 members present in the Lok Sabha and 25 members present in the Rajya Sabha, if any business is to be conducted.  If there is no quorum during a meeting of the house, it is the duty of the Presiding Officer either to adjourn the house or to suspend the meeting until there is quorum. THE UNION LEGISLATURE… VOTING IN PARLIAMENT:  All matters of either house or joint sitting of both the houses are decided by a majority of votes of the members present and voting, excluding the Presiding Officer.  Only a few matters which are specially mentioned in the constitution like Impeachment of the President, Amendment of the Constitution, Removal of the Presiding Officers of the Parliament and so on, require Special Majority, not Ordinary Majority.  The Presiding Officer of a house does not vote in the first instance, but exercises a casting vote in the case of an equality of votes. THE UNION LEGISLATURE… LANGUAGE IN PARLIAMENT:  The constitution has declared Hindi and English to be the languages for transacting business in the Parliament.  However, the Presiding Officer can permit a member to address the House in his mother tongue.  In both Houses, arrangements are made for simultaneous translation. LEGISLATIVE PROCEDURE IN PARLIAMENT:  The legislative procedure is identical in both the Houses of Parliament.  Every bill has to pass through the same stages in each House.  A bill is a proposal for legislation and it becomes an act or law when duly passed. THE UNION LEGISLATURE…  Bills introduced in Parliament are Public Bills/ Government Bills and Private Bills/Private Members Bills.  Both are governed by the same procedure and pass through the same stages in the house.  The following bills can be introduced in the Parliament: i) Ordinary Bills, which are concerned with any matter other than financial subjects. ii) Money Bills, which are concerned with the financial matters like taxation, public expenditure, etc. iii) Financial Bills, which are also concerned with financial matters (but are different from money bills). iv) Constitution Amendment Bills, which are concerned with the amendment of the provisions of the constitution.  There are separate procedures for the enactment these bills. THE UNION LEGISLATURE… JOINT SITTING OF TWO HOUSES:  Joint sitting resolves a dead lock between the two houses over the passage of a bill.  A deadlock may take place under any one of the following three situations after a bill has been passed by one house and transmitted to the other house: i) If the bill is rejected by the other house; ii) If the houses have finally disagreed as to the amendments to be made in the bill; or iii) If more than six months have elapsed from the date of the receipt of the bill by the other house without the bill being passed by it. THE UNION LEGISLATURE…  In these three situations, the President can summon both the houses to meet in a joint sitting for the purpose of deliberating and voting on the bill.  The provision of joint sitting is applicable to Ordinary Bills or Financial Bills only and not to Money Bills or Constitutional Amendment Bills.  Incase of a Money Bill, the Lok Sabha has overriding powers, while a Constitutional Amendment Bill must be passed by each house separately. BUDGET IN PARLIAMENT:  Article 112 of the constitution deals with budget.  Budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year. THE UNION LEGISLATURE…  The budget contains: I. Estimates of revenue and capital receipts, II. Ways and means to raise the revenue, III. Estimates of expenditure, IV. Details of the actual receipts and expenditures of the closing financial year and the reasons for any deficit or surplus in that year, and V. Economic and financial policy of the coming year, i.e. , taxation proposals, prospects of revenue, spending programme and introduction of new schemes/projects. THE UNION LEGISLATURE…  Earlier government of India has two budgets, namely, the Railway Budget and the General Budget.  Railway Budget consists of estimates of receipts and expenditures of railway ministry and the General Budget consists of the estimates of receipts and expenditure of all the ministries of Government of India except the Railway Ministry. But now only one budget is prepared and presented in the Parliament by the Finance Minister of India. --- POWERS AND FUNCTIONS OF PARLIAMENT/ ROLE OF PARLIAMENT :  Parliament has a multifunctional role which are discussed under the following heads. 1) LEGISLATIVE POWERS AND FUNCTIONS:  The primary function of Parliament is to make laws for the governance of the country.  It has power to make laws on the 100 subjects enumerated in the Union List and on the Residuary Subjects.  With regard to Concurrent List (which has 52 subjects), the Parliament has overriding powers, that is, the law of Parliament prevails over the law of the state legislature incase of a conflict between the two.  Parliament can also make laws on the 61 subjects enumerated in the State List under certain abnormal circumstances. POWERS AND FUNCTIONS OF PARLIAMENT…  The Parliament makes laws in a skeleton form and authorises the Executive to make detailed rules and regulations.  This is known as Delegated Legislation/ Executive Legislation/Subordinate Legislation.  Such rules and regulations are placed before the Parliament for its examination. 2) EXECUTIVE POWERS AND FUNCTIONS:  Executive is responsible to the Parliament for its policies and acts. Hence, the Parliament exercises control over the Executive.  The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular.  Each minister is individually responsible for the efficient administration of his ministry.  This means that they continue in office so long as they enjoy the confidence of the majority members in the Lok Sabha.  In other words, the Council of Ministers can be removed from office by the Lok Sabha by passing a no-confidence motion. POWERS AND FUNCTIONS OF PARLIAMENT… 3) FINANCIAL POWERS AND FUNCTIONS:  No tax can be levied or collected and no expenditure can be incurred by the Executive without the approval of Parliament. Hence, the budget is placed before the Parliament for its approval.  The Parliament also scrutinises government spending and financial performance with the help of its financial committees (Public Accounts Committee, Estimates Committee and Committee on Public Undertakings).  They bring out the cases of illegal, irregular, unauthorised, improper usage and wastage and extravagance in public expenditure.  The budget is based on the Principle of Annuality, i.e., the Parliament grants money to the government for one financial year. POWERS AND FUNCTIONS OF PARLIAMENT…  If the granted money is not spent by the end of the financial year, then the balance expires and returns to the Consolidated Fund of India. This practice is known as the ‘Rule of Lapse’.  It facilitates effective financial control by the Parliament. 4) CONSTITUENT POWERS AND FUNCTIONS:  The Parliament can amend the constitution in three ways: i ) By Simple Majority; ii) by Special Majority; and iii) by Special Majority but with the consent of half of the state legislatures by Simple Majority)  Simple Majority means a majority of the members present and voting in each house of Parliament.  Special Majority means a majority is more than 50 percent of the total membership of each house and a majority of not less than two thirds of the members present and voting in each house. POWERS AND FUNCTIONS OF PARLIAMENT…  The power to initiate the process of the Amendment of the Constitution lies exclusively in the hands of Parliament and not the state legislature.  There is only one exception, that is, the state legislature can pass a resolution requesting the Parliament for the creation or abolition of the Legislative Council in the state.  The Parliament can amend any provision of the constitution except the ‘basic features’ of the constitution. 5) JUDICIAL POWERS AND FUNCTIONS:  The judicial powers and functions of the Parliament include the following: i) It can impeach the President for the violation of the constitution. ii) It can remove the Vice-President from his office. POWERS AND FUNCTIONS OF PARLIAMENT… iii) It can recommend the removal of judges (including Chief Justice ) of the Supreme Court and the High Courts, Chief Election Commissioner, Comptroller and Auditor General to the President. iv) It can punish its members or outsiders for the violation of its freedom or its disrespect. 6) ELECTORAL POWERS AND FUNCTIONS:  The Parliament participates in the election of the President (along with the state legislative assemblies) and elects the Vice-President.  The Lok Sabha elects its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman.  The Parliament is also authorised to make laws to regulate the elections to the offices of President and Vice-President, to both the Houses of Parliament and to both the Houses of State Legislature. POWERS AND FUNCTIONS OF PARLIAMENT… 7) OTHER POWERS AND FUNCTIONS: i) Parliament serves as the highest deliberative body in the country. It discusses various issues of national and international importance. ii) It approves National, State and Financial Emergencies declared by the President. iii) It can create or abolish the State Legislative Council on the recommendation of the concerned State Legislative Assembly. iv) It can increase or decrease the area, alter the boundaries and change the names of states of the Indian Union. v) It can regulate the organisation and jurisdiction of the Supreme Court and High Courts and can establish a common High Court for two or more states. ---x--- Module-II Union Executive:  President,  Vice - President,  Prime Minister and  Union Council of Ministers The State Legislature:  State Legislative Assembly and  State Legislative Council State Executive:  Governor,  Chief Minister and  State Council of Ministers UNION EXECUTIVE:  The organ of the government which implements and administers policy, rules and regulations made by the Legislature is called the Executive.  Articles 52 to 78 in Part-V of the constitution deal with the Union Executive.  The Union Executive consists of the President, the Vice- President, the Prime Minister, the Union Council of Ministers and the Attorney General of India. PRESIDENT OF INDIA:  The President is the head of the Indian state. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation. ELIGIBILITY FOR ELECTION AS PRESIDENT:  To be eligible for election as President one should fulfill the following qualifications: i) He should be a citizen of India. ii) He should have completed 35 years of age. iii) He should be qualified for election as a member of the Lok Sabha. iv) He should not hold any office of profit under the union government or any state government or any local authority or any other public authority.  A sitting President or Vice- President of the union, the Governor of any state and a Minister of the union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate. ELIGIBILITY FOR ELECTION AS PRESIDENT…  Further, the nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders.  Every candidate has to make a security deposit of Rs. 15000/- in the Reserve Bank of India.  The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled. ELECTION OF THE PRESIDENT:  The President is elected not directly by the people but by the members of electoral college consisting of: i) The elected members of both the houses of Parliament. ii) The elected members of the legislative assemblies of the states and iii) The elected members of the legislative assemblies of the union territories of Delhi and Puducherry. ELECTION OF THE PRESIDENT…  The value of the vote of an MLA participated in the Presidential Election is determined as follows: Value of the vote of an MLA=[Total population of the state/Total number of elected members in the State Legislative Assembly] x (1/1000)  The value of the vote of an MP participated in the presidential election is determined as follows: Value of the vote of an MP = (Total value of votes of all MLAs of all states/Total number of elected members of Parliament.  The President’s election is held in accordance with the System of Proportional Representation by Means of Single Transferable Vote and the voting is by secret ballot.  This system ensures that successful candidate is retained by the absolute majority of votes. ELECTION OF THE PRESIDENT…  A candidate, in order to be declared elected to the office of President, must secure a fixed quota of votes.  The quota of votes is determined by dividing the total number of valid votes polled by dividing the number of candidates to be elected (here only one candidate is to be elected as the President) plus one and adding one to the quotient. The formula can be expressed as: Electoral quota = [Total number of valid votes polled/1+1=(2)] +1  Each member of the electoral college is given only one ballot paper.  The voter, while casting his vote, is required to indicate his preferences by making 1, 2, 3, 4, etc. against the names of candidates.  This means that the voter can indicate as many preferences as there are candidates in the fray. ELECTION OF THE PRESIDENT…  In the first phase, the first preference votes are counted.  Incase a candidate secures the required quota in this phase, he is declared elected.  Otherwise, the process of transfer of votes is set in motion.  The ballots of the candidate securing the least number of first preference votes are cancelled and his second preference votes are transferred in the first preference votes of other candidates.  This process continues till a candidate secures the required quota.  All doubts and disputes in connection with election of the President are inquired into and decided by the Supreme Count whose decision is final. --- OATH ‘OR’ AFFIRMATION BY THE PRESIDENT:  Before entering upon his office, the President has to make and subscribe to an oath. In his oath, the President swears: i) To faithfully execute the office; ii) To preserve, protect and defend the constitution and the law; and iii) To devote himself to the service and well-being of the people of India.  The oath of office to the President is administered by the Chief Justice of India and in his absence, the senior most judge of the Supreme Court available.  Any other person acting as President or discharging the functions of the President also undertakes the similar oath. TERM OF PRESIDENT’S OFFICE:  The President holds office for a term of five years from the date on which he enters upon his office.  However, he can resign from his office at any time by addressing the resignation letter to the Vice-President.  Further, he can also be removed from the office before completion of his term by the process of impeachment.  The President can hold office beyond his term of five years until his successor assumes charges. He may be elected for any number of times. IMPEACHMENT OF PRESIDENT:  The President can be removed from office by a process of impeachment for ‘violation of the constitution’.  The impeachment charges can be initiated by either house of the Parliament. IMPEACHMENT OF PRESIDENT…  These charges should be signed by one-fourth members of the house (that framed the charges), and a 14 days’ notice should be given to the President.  After the impeachment resolution is passed by a majority of two-thirds of the total membership of that house, it is sent to other house, which should investigate the charges.  The President has the right to appear and to be represented at such investigation.  If the other house also sustains the charges and passes the impeachment resolution by a majority of two- thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed.  No President has so far been impeached. --- POWERS AND FUNCTIONS OF THE PRESIDENT: The powers and the functions of the President are: 1) EXECUTIVE POWERS:  The executive powers and functions of the President are: i) All executive actions of the Government of India are formally taken in his name. ii) He can make rules for more convenient transaction of business of the Union government, and for allocation of the said business among the ministers. iii) He appoints the Prime Minister and other ministers. They hold office during his pleasure. iv) He appoints Chief Election Commissioner and other Election Commissioners, the Chairman of Union Public Service Commission, the Auditor General of India, the Attorney General of India, the Governors of states, the Chairman and members of Finance Commission, and so on. POWERS AND FUNCTIONS OF THE PRESIDENT… v) He can seek any information relating to the administration of affairs of the union, and proposals for legislation from the Prime Minister. vi) He can appoint a commission to investigate into the conditions of SCs, STs and other backward classes. vii) He can appoint an inter-state council to promote centre- state and inter-state cooperation. viii) He directly administers the union territories through administrators appointed by him. ix) He can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas. POWERS AND FUNCTIONS OF THE PRESIDENT… 2) LEGISLATIVE POWERS:  The President is an integral part of the Parliament and enjoys the following legislative powers: i) He can summon or prorogue the Parliament and dissolve Lok Sabha.  He can also summon a joint sitting of both the houses of Parliament, which is presided over by the Speaker of the Lok Sabha. ii) He can address the Parliament at the commencement of the first session after each general election and the first session of each year. iii) He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. POWERS AND FUNCTIONS OF THE PRESIDENT…  Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and the Deputy Chairman fall vacant. iv) He nominates 12 members to the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service. v) He can nominate two members to the Lok Sabha from the Anglo-Indian community. vi) He decides on questions as to disqualifications of members of the Parliament, in consultation with the Election Commission. vii) His prior permission is needed to introduce certain types of bills in the Parliament, e.g., a bill involving expenditure from the Consolidated Fund of India, or a bill for the alteration of boundaries of states or creation of a new state. POWERS AND FUNCTIONS OF THE PRESIDENT… viii) When a bill is sent to the President after it has been passed by the Parliament, he can: a) Give assent to the bill, or b) Refuse to give his assent to the bill, or c) Return the bill (if it is not a money bill) for consideration of the Parliament.  However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill. ix) He can promulgate ordinance when the Parliament is not in session. These ordinances must be approved by the Parliament within six weeks from its reassembly. He can also withdraw an ordinance at any time. POWERS AND FUNCTIONS OF THE PRESIDENT… x) He places the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament. xi) He can make regulations for the peace, progress and good government of certain union territories. 3) FINANCIAL POWERS:  The financial powers and functions of the President are: i) Money bills can be introduced in the Parliament only with his prior recommendation. ii) He causes to be laid before the Parliament the Union Budget iii) No demand for a grant can be made except on his recommendation. iv) He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure. POWERS AND FUNCTIONS OF THE PRESIDENT… v) He constitutes a Finance Commission after every five years to recommend the distribution of revenues between the centre and states. 4) JUDICIAL POWERS:  The judicial powers and functions of the President are: i) He appoints the Chief Justice and the judges of Supreme Court and High courts. ii) He can seek advice from the Supreme Court on any question of law or fact.  However, the advice tendered by the Supreme Court is not binding on the President. iii) He can grant pardon, release, relief and reduction of punishment, or suspend, stop or substitute the sentence of any person convicted of any offence. POWERS AND FUNCTIONS OF THE PRESIDENT… 5) DIPLOMATIC POWERS:  The international treaties and agreements are negotiated and concluded on behalf of the President. However, they are subject to the approval of the Parliament.  He represents India in international forums and affairs and sends and receives diplomats like ambassadors, high commissioners, and so on. 6) MILITARY POWERS:  He is the Supreme Commander of the defence forces of India.  In that capacity, he appoints the Chiefs of the Army, the Navy and the Air Force.  He can declare war or conclude peace, subject to the approval of the Parliament. POWERS AND FUNCTIONS OF THE PRESIDENT… 7) EMERGENCY POWERS:  In addition to the normal powers mentioned above, the constitution grants extraordinary powers on the President to deal with the following three types of emergencies: i) National Emergency(Article 352); ii) State Emergency/President’s Rule (Article 356 & 365); iii) Financial Emergency (Article 360) ---X--- VICE- PRESIDENT:  The Vice-President occupies the second highest office in the country. He is accorded a rank next to the President.  This office is modelled on the lines of the American Vice- President. QUALIFICATIONS: To be eligible for election as Vice-President, a person should fulfill the following qualifications: i) He should be a citizen of India. ii) He should have completed 35 years of age. iii) He should be qualified for election as a member of the Rajya Sabha. iv) He should not hold any office of profit under the union government or any state government or any local authority or any other public authority. QUALIFICATIONS…  But a sitting President or Vice-President of the union, the governor of any state and minister for the union or any state is not deemed to hold any office of profit and hence qualified for being a candidate for Vice-President.  Further, the nomination of a candidate for election to the office of Vice-President must be subscribed by at least 20 electors as proposers and 20 electors as seconders.  Every candidate has to make a security deposit of Rs. 15,000 in the Reserve Bank of India. ELECTION:  The Vice-President is elected by the method of indirect election.  He is elected by the members of an Electoral College consisting of the members of both Houses of Parliament. ELECTION…  This electoral college is different from the electoral college for the election of the President in the following two respects: i) It consists of both elected and nominated members of the Parliament (in the case of President, only elected members). ii) It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are included).  The Vice-President’s election, like that of the President’s election, is held in accordance with the System of Proportional Representation by means of Single Transferable Vote and voting is by Secret Ballot.  All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final. OATH ‘or’ AFFIRMATION:  Before entering upon his office, the Vice-President has to make and subscribe to an oath.  In his oath, the Vice-President swears: i) To bear true faith and allegiance to the constitution of India and ii) To faithfully discharge the duties of his office.  The oath of office to the Vice-President is administered by the President or some person appointed by him. TERM OF OFFICE:  The Vice-President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letters to the President.  He can also be removed from the office before completion of his term. TERM OF OFFICE…  He can be removed by a resolution of the Rajya Sabha passed by a special majority and agreed to by the Lok Sabha.  But, no such resolution can be moved unless at least 14 days’ advance notice has been given.  The Vice-President can hold office beyond his term of five years until his successor assumes charge.  He is also eligible for re-election to that office. He may be elected for any number of terms. VACANCY IN OFFICE:  A vacancy in the Vice-President’s office can occur in any of the following ways: i) On the expiry of his tenure of five years ii) By his resignation iii) On his removal iv) By his death v) Otherwise, for example, when he becomes disqualified to hold office or when his election is declared invalid. VACANCY IN OFFICE…  When the vacancy is due to the end of the term of the sitting Vice- President, election to fill the vacancy must be held before the end of the term.  If the office falls vacant by resignation, removal, death or otherwise, then election to fill the vacancy should be held as soon as possible after the occurrence of the vacancy.  The newly-elected Vice-President remains in office for a full term of five years from the date he assumes charge of his office. POWERS AND FUNCTIONS: The functions of Vice-President are two-folds: 1) He acts as the ex-officio Chairman of Rajya Sabha.  In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha.  In this respect, he is similar to the American Vice-President who also acts as the Chairman of the Senate-the Upper House of the American Legislature. POWERS AND FUNCTIONS… 2) He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise  He can act as President only for a maximum period of six months within which a new President has to be elected.  Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice- President discharges his functions which until the President resumes his office.  While acting as President or discharging the functions of President, the Vice-President does not perform the duties of the office of the Chairman of Rajya Sabha.  During this period, those duties are performed by the Deputy Chairman of Rajya Sabha. EMOLUMENTS:  The constitution has not fixed any emoluments for the Vice- President in that capacity.  He draws his regular salary in his capacity as the ex-officio Chairman of the Rajya Sabha.  The Parliament has increased the salary of the Chairman of the Rajya Sabha and fixed it Rs. 3.5 lakhs per month.  In addition, he is entitled to daily allowance, free furnished residence, medical, travel and other facilities.  During any period when the Vice-President acts as President or discharges the functions of the President, he is not entitled to the salary or allowance payable to Chairman of Rajya Sabha, but the salary and allowances of the President. ---X--- PRIME MINISTER:  In our parliamentary system of government, the President is the nominal executive authority (dejure executive) and Prime Minister is the real executive authority (de facto executive). APPOINTMENT OF THE PRIME MINISTER:  Article 75 says that Prime Minister shall be appointed by the President.  The President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.  But when no party has a clear majority in the Lok Sabha, then the President may exercise his personal discretion in the selection and appointment of the Prime Minister.  In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month. APPOINTMENT OF THE PRIME MINISTER…  There is also one more situation when the President may have to exercise his individual judgement in the selection and appointment of the Prime Minister, that is, when the Prime Minister in office dies suddenly and there is no obvious successor.  However, if, on the death of the Prime Minister, the ruling party elects a new leader, the President has no choice but to appoint him as Prime Minister.  A person who is not a member of either House of Parliament can be appointed as Prime Minister for six months, within which, he should become a member of either House of Parliament; otherwise, he ceases to be the Prime Minister. OATH:  Before the Prime Minister enters upon his office, the President administers to him the oaths of office and secrecy.  In his oath, the Prime Minister swears: i) To bear true faith and allegiance to the Constitution of India. ii) To uphold the sovereignty and integrity of India. iii) To faithfully and carefully discharge the duties of his office. iv)To do right in accordance with the constitution and the law, without fear or favour, affection or ill will.  In his oath of secrecy, the Prime Minister swears that he will not disclose any matter which is known to him as a union Minister. TERM OF THE PRIME MINISTER:  The term of the Prime Minister is not fixed and he holds office during the pleasure of the President.  However, this does not mean that the President can dismiss the Prime Minister at any time.  So long as the Prime Minister enjoys the majority support in the Lok Sabha, he can not be dismissed by the President.  However, if he loses the confidence of the Lok Sabha, he must resign or the President can dismiss him. SALARY AND ALLOWANCES OF THE PRIME MINISTER:  The salary and allowances of the Prime Minister are determined by the Parliament from time to time.  He gets the salary and allowances which are payable to a member of Parliament.  Additionally, he gets a sumptuary allowance, free accommodation, travelling allowance, medical facilities etc. POWER AND FUNCTIONS OF THE PRIME MINISTER:  The powers and functions of Prime Minister can be studied under the following heads: 1) IN RELATION TO THE COUNCIL OF MINISTER: The Prime Minister enjoys the following powers as head of the Union Council of Ministers: i) He recommends persons who can be appointed as ministers by the President. ii) He allocates and reshuffles various portfolios among the ministers. iii) He can ask a minister to resign or advise the President to dismiss him in case of difference of opinion. iv) He presides over the meeting of Council of Ministers and influences its decisions. v) He guides, directs, controls, and coordinates the activities of all the ministers. POWER AND FUNCTIONS OF THE PRIME MINISTER: vi) He can bring about the collapse of the Council of Ministers by resigning from office.  The resignation or death of the Prime Minister automatically dissolves the Council of Ministers but the resignation or death of any other minister merely creates a vacancy which the Prime Minister may or may not like to fill. 2) IN RELATION TO THE PRESIDENT: i) The Prime Minister is the principal channel of communication between the President and the Council of Ministers.  It is the duty of the Prime Minister to communicate all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation to the President. POWER AND FUNCTIONS OF THE PRIME MINISTER: ii) He advises the President with regard to the appointment of important officials like Attorney General of India, Comptroller and Auditor General of India, Chairman and members of the Union Public Service Commission, Election Commissioners, Chairman and members of the Finance Commission and so on. 3) IN RELATION TO PARLIAMENT: As the leader of the Lok Sabha (Lower House) the Prime Minister enjoys the following powers: i) He advises the President with regard to summoning and proroguing of the sessions of the Parliament. ii) He can recommend dissolution of the Lok Sabha to the President at any time. iii) He announces government policies on the floor of the House. POWER AND FUNCTIONS OF THE PRIME MINISTER: 4) OTHER POWERS & FUNCTIONS: i) The Prime Minister is the Chairman of the Planning Commission (now NITI Aayog), National Development Council, National Integration Council, Inter State Council an