AFCAT Day 18: Union Legislature, State Govt PDF

AFCAT Day 18: Union Legislature, State Govt Supreme Legislative Body: The Parliament is the legislative organ of a Union government and the Parliament of India is its supreme legislative body. ◦ It occupies a pre-eminent and central position in the India...

AFCAT Day 18: Union Legislature, State Govt Supreme Legislative Body: The Parliament is the legislative organ of a Union government and the Parliament of India is its supreme legislative body. ◦ It occupies a pre-eminent and central position in the Indian democratic political system due to the adoption of the Parliamentary form of Government (‘Westminster’ model of government). Constitutional Provisions: Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges and powers of the Parliament. Frame of Reference for Parliament: The framers of the Indian Constitution relied on the British pattern for Parliament rather than the American pattern. ◦ The President is not an integral part of the legislature in the USA, however, in India, it is. Organs of Parliament Rajya Sabha (The Council of States): ◦ About: It is the Upper House (Second Chamber or House of Elders) and it represents the states and union territories of the Indian Union. The Rajya Sabha is called the permanent House of the Parliament as it is never fully dissolved. The IV Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha to the states and UTs. ◦ Composition: The maximum strength of Rajya Sabha is 250 ( out of which 238 members are representatives of the states & UTs (elected indirectly) and 12 are nominated by the President). Current strength of the house is 245, 229 members represent the states, 4 members represent the UTs and 12 are nominated by the president. ◦ Election of Representatives: The representatives of states are elected by the members of state legislative assemblies. The representatives of each UT in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose. Only three UTs (Delhi, Puducherry and Jammu & Kashmir) have representation in Rajya Sabha (others don’t have enough population). The members nominated by the President are those who have special knowledge or practical experience in art, literature, science and social service. The rationale is to provide eminent persons a place in the house without going through elections.  ◦ Functions: Rajya Sabha has an important role of reviewing and altering the laws initiated by the Lok Sabha. It can also initiate legislation and a bill is required to pass through the Rajya Sabha in order to become a law. ◦ Power: State Related Matters: The Rajya Sabha provides representation to the States. Therefore, any matter that affects the States must be referred to it for its consent and approval. If the Union Parliament wishes to remove/transfer a matter from the State list, the approval of the Rajya Sabha is necessary. Lok Sabha (The House of the People): ◦ About: It is the Lower House (First Chamber or Popular House and it represents the people of India as a whole. ◦ Composition: The maximum strength of the Lok Sabha is fixed at 550 out of which 530 members are to be the representatives of the states and 20 of the UTs. The current strength of Lok Sabha is 543, out of which 530 members represent the states and 13 represent the UTs. Earlier, the President also nominated two members from the Anglo-Indian community, but by the 95th Amendment Act, 2009, this provision was valid till 2020 only. ◦ Election of Representatives: The representatives of states are directly elected by the people from the territorial constituencies in the states. By the Union Territories (Direct Election to the House of the People) Act, 1965, the members of Lok Sabha from the UTs are chosen by direct election. ◦ Functions: One of the most important functions of the Lok Sabha is to select the executive, a group of persons who work together to implement the laws made by the Parliament. This executive is often what we have in mind when we use the term government. ◦ Powers: Decisions in Joint Sitting: Any ordinary law needs to be passed by both the Houses. However, in case of any difference between the two Houses, the final decision is taken by calling a joint session of both the Houses. Due to a larger strength, the view of the Lok Sabha is likely to prevail in such a meeting. Power in Money Matters: Lok Sabha exercises more powers in money matters. Once the Lok Sabha passes the budget of the government or any other money related law, the Rajya Sabha cannot reject it. The Rajya Sabha can only delay it by 14 days or suggest changes in it, however, the former may or may not accept these changes. Power over Council of Ministers: The Lok Sabha controls the Council of Ministers. If the majority of the Lok Sabha members say they have ‘no confidence’ in the Council of Ministers, all ministers including the Prime Minister, have to quit. The Rajya Sabha does not have this power. President: ◦ About: The President of India is not a member of either of the Houses and does not sit in the Parliament to attend its meetings but s/he is an integral part of the Parliament. S/He is the head of the state and is the highest formal authority in the country. ◦ Appointment: The elected Members of Parliament (MPs) and the elected Members of the Legislative Assemblies (MLAs) elect the President of India. ◦ Powers: Assent for Passing a Bill: A bill passed by both the Houses of Parliament cannot become law without the President’s assent. Summoning and Prorogation of Houses: He has the power to summon and prorogue both the Houses, dissolve the Lok Sabha and issue ordinances when the Houses are not in session. ▪ Tenure: ◦ Rajya Sabha: Every member of Rajya Sabha enjoys a safe tenure of six years. One-third of its members retire after every two years. They are entitled to contest again for the membership. ◦ Lok Sabha: The normal term of Lok Sabha is five years. But the President, on the advice of the Council of Ministers, may dissolve it before the expiry of five years. In the case of national emergency, its term can be extended for one year at a time. But it will not exceed six months after the emergency is over. Officials: ◦ Rajya Sabha: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. S/He presides over the meetings of Rajya Sabha. In his absence the Deputy Chairman (elected by its members from amongst themselves) presides over the meeting of the House. ◦ Lok Sabha: The presiding officer of Lok Sabha is known as Speaker. S/He remains the Speaker even after Lok Sabha is dissolved till the next House elects a new Speaker in her/his place. In the speaker’s absence, a Deputy Speaker (elected by the House) presides over the meetings.  Q1. Which Article of the Constitution of India deals with the relationship of the Governor with the State Council of Ministers? Q2. Consider the following statements: 1. In case of a dispute of discretion between the council of ministers and the governor, the decision of the former is final and binding. 2. The advice tendered by Ministers to the Governor shall not be inquired into in any court. 3. A council of ministers must always exist to advise the governor, even after the dissolution of the state legislative assembly or the resignation of a council of ministers. Which of the statements given above is/are correct? A. 1 and 2 only B. 2 and 3 only C. 3 only D. None of the above Q3. Governor of the State is the _______ Head. Q4. The Chief Minister is appointed by _________ who also appoints the council of ministers on the advice of the Chief Minister. The Council of Ministers is collectively responsible to the legislative assembly of the State. Q5. Who was the first woman CM of Independent India? Additional Information Nandini Satpathy was the second woman Chief Minister of Independent India. She served as the Chief Minister of Odisha from 1972 to 1976. Jayalalitha served six times as the Chief Minister of Tamil Nadu for over fourteen years between 1991 and 2016. Padmaja Naidu was the second woman governor of Independent India after Sarojini Naidu. She served as the first women governor of West Bengal from 1956 to 1967. Vijaya Lakshmi Pandit was the first female president of the United Nations General Assembly. She also served as the first women governor of Maharasthra from 1962 to 1964. The Constitution of India stated that the Governor has a dual role - as the Constitutional head of the state, and as a vital link between the Union Government and the State government. The appointment and powers of the Governor can be derived from Part VI of the Constitution. Article 153 says that there shall be a Governor for each state. One can be appointed as Governor for two or more states. Article 157 and 158 of the Constitution specify eligibility requirements for the post of Governor. The term of the Governor's office is normally 5 years but can be terminated before the said period. Sarojini Naidu was the first female to become the Governor of an Indian state (Uttar Pradesh).  Candidates must not write on this margin CLICK HERE TO JOIN DOWNLOAD JOIN @INSIGHT SSB OUR APP CLICK HERE TO JOIN 7982047997