Union Executive Continued

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  • 1. Union Executive (cont.) By Mr. Girish. R Arabbi
  • 2. The COME & the PM
    • Introduction:
    • Constitution: Provides for a Parliamentary System of Democracy.
    • PASOD: President- titular executive & real executive powers vests in COME.
    • Article 74: “There shall be COME with the PM as the head to aid and advise the President, who shall in the exercise of his functions, act in accordance with such advice”.
    • COME headed by PM is the most powerful institution in the Executive wing of the UG.
  • 3. The President and the COME
    • 42 nd amendment – President shall act in accordance with the advice rendered by the COME expressed through the PM. The advice to the COME to the President has a legal binding on him.
    • 44 th Amendment – President can ask the COME to reconsider its own decision. Then the President shall act as per the advice given to him after such reconsideration.
  • 4. Composition and appointment of the COME
    • Art 75 – PM shall be appointed by the President and other ministers shall be appointed by the President on the advice of the PM.
    • Invitation by President.
    • List of colleagues from the MPs by the PM.
    • President has to accept the choice of the PM.
    • Option for President in appointment of PM.
    • President can dissolve the LS and order fresh elections if he is satisfied that there is none in the House to muster a majority.
    • Only MPs can become Ministers. Some times non- member can be appointed as a Minister .
  • 5. Term of Office
    • The PM & COME are responsible to LS and can remain in office as long as they have majority support in LS.
    • When LS is dissolved they have to vacate their office.
    • If LS looses confidence in them they have to resign.
    • The loss of confidence in COME can be indicated in various ways :
    • By a direct vote of no confidence in the COME as a whole or in one of the Ministers.
    • By rejecting a Govt Bill or by passing a Bill sponsored by the Opposition but opposed by the Govt.
    • By passing an Amendment to a Bill against the wishes of the Government.
    • By voting a cut in the Budget.
    • By reducing the salaries of the Ministers in the face of their opposition.
    • By passing an adjournment motion to discuss an immediate issue of national concern.
  • 6. Categories of Ministers.
    • The Ministers are of three categories
    • Cabinet Ministers of State Deputy
    • A. CM: Most imp leaders of the party are included in the COME. They hold important portfolios and decide major policies of the Govt. Receive monthly salary and sumptuary allowance every month.
    • B. MOS: Belong to II category of Ministers. May or may not be given an independent charge of a ministry. PM may or may not consult them. Aren’t the members of the Cabinet and don’t participate in the CM unless specially invited. Are paid a monthly salary and a sumptuary allowance each month.
    • C. DM: Junior most ministers, assist cab min & con min. Are not entrusted with an independent charge of a Min. Paid monthly salary and sumptuary allowance.
  • 7. The Cabinet
    • Informal body of Senior Ministers who form the nucleus of the admin.
    • Are imp party leaders and trusted men of PM.
    • Cab consists of 15 ministers holding imp portfolios =HDFC
    • Imp decisions of the Govt are taken by the Cab and are communicated to all the ministers who are bound to implement or follow.
  • 8. Difference between Cab & Con Ministers
    • COME consists of all 3 categories of Ministers= Cab, MOS & DM
    • All ministers are not the members of the cab.
    • The COME do not meet as a body to transact Govt business.
    • PM may or may not consult the COME
    • Cab consists of small group of senior ministers
    • All cab ministers are the members of the COME.
    • Cab meets as a body, periodically to shape national policies and transact govt business.
    • Cab may inform the rest of its ministers its important decisions
    • PM may consult the cab
  • 9. The Cabinet
    • Consists of party leaders holding important portfolios in the Ministry.
    • Has taken over functions assigned by the Constitution to theCOME.
    • There are separate cab secretariat which maintains records of the decisions taken by the cabinet and prepares reports in regard to the follow up action.
    • The Cab Sec holds periodical meetings of Secretaries of various Ministers in order to sort out inter ministerial problems which crop up from time to time.
  • 10. Powers and Functions of the Cabinet
    • Legislative Functions
    • Administrative Functions
    • Financial Functions
    • Diplomatic Functions
    • Appointments
    • Proclamation of Emergency
    • Coordinating Functions
  • 11. 1. Legislative Functions
    • Duty of Cab to prepare legislative programmes of the Govt.
    • Takes initiative to introduce bills and get them passed in the Parliament.
    • Large no of bills are prepared introduced and piloted by the Cab.
    • Decides dates for holding sessions and for proroguing the Parliament.
    • When the Parliament is not in session, the cabinet recommends to the President to promulgate ordinances if necessary.
    • Is instrumental in preparing and moving the amendments in the Const.
    • Removes outdated laws from the statute book and makes necessary modifications in the existing laws.
  • 12. 2. Administrative Functions
    • Frames the executive policy of the UG.
    • Formulates the national policies and co ordinates the activities of all the ministers and depts.
    • Each ministry is put under one more minister’s care. The minister incharge of a Ministry takes decisions on routine matters.
    • Policy matters are dealt with by the Cabinet.
  • 13. 2. Financial Functions
    • Holds the strings of the national purse.
    • Budget is prepared by the FM as directed by the Cabinet.
    • Cab determines what taxes are to be imposed and how the funds are to be spent.
    • No change is made in the budget without the approval of the Cabinet.
    • All financial bills have their origin in the Cabinet.