Directive Principles, Fundamental Duties, President, Council of Ministers, Governor, Parliament, Indian Judiciary System

1. Constitution of India:
Directive Principles, Fundamental Duties,
President, Council of Ministers, Governor,
Parliament, Indian Judiciary System
HRISHIKESH SATYAKUMAR KAKDE

2. DPSP

3. WHAT ARE THESE?
◈These are guidelines/principles given to the
central and state governments of India, to be kept
in mind while framing laws and policies
◈These principles were deemed fundamental in
the governance of the country since it epitomized
the hopes and aspirations of the Indian people.
◈To secure for all the citizens the grand ideals
mentioned in preamble.
◈The basic aim of the directive principles is to
establish a welfare state where economic and
social democracy might flourish.
3

4. WHAT ARE THESE?
◈It is an endeavour to take india out of the
vigorous clutches of socioeconomic evils
inflicting pain on it for last many centuries.
◈It is a concerted effort to foster alround
development so as to establish socio-economic
justice and democratic socialism in the country
◈Philosopy of dpsp is influenced by
conglomeration of gandhian, socialist, scientific
and internationalist philosophy
◈Philosophy of dpsp is to establish the idealistic
society in the country
4

5. HISTORY
1.The idea of such policies "can be traced to the declaration of the
rights of man proclaimed by revolutionary france and the
declaration of independence by the american colonies.
2.The indian constitution was also influenced by the united nations
universal declaration of human rights.
3.The directive principles of the indian constitution have been
greatly influenced by the irish directive principles of state policy
5

6. PLACE IN THE
CONSTITUTION
IN PART IV OF CONSTITUTION
FROM ARTICLE 36 TO 51
6
Borrowed From IRISH Constitution which is copied
from SPANISH Constitution.

7. FEATURES
◈Directive Principles of State Policy are not enforceable in the courts and no one can go near the court for
its proper implementation.
◈Directive Principles of State Policy are some instructions to the State for achieving socio-economic
development.
◈Directive Principles of State Policy are positive in nature . These principles increase power and functions
of the State .
◈Directive Principles of State Policy aims at establishment of a welfare state by securing social and
economic justice. These principles have great moral value also. It constitutes the conscience of our
Constitution .
◈Directive Principles of State Policy constitute the mirror of public opinion .These principles always
reflect the will of the people .These are embodied in the Constitution to the meet the aspirations of the
people . It is also a yardstick for measuring Govt. Performance. These are fundamental in the governance
of the country . The State should follow these principles for progress of the country .
7

8. CLASSIFICATION
OF DPSP
1. Socialist Principles
2.Liberal Principles
3. Gandhian Principles
4.International principles
8

9. 1.
Socialist Principles
9

10. “
10
• Article 38 of the Constitution of India shall strive to formulate such social system
which will secure social, economic and political justice to all in all the spheres of life.
• Article 39(a) the state shall try to formulate its policyin such a manner so as to
secure adequate means of livelihood for all its citizens.
• Article 39(b) the ownership of material resources would be controlled in such a
manner so as to subserve the common good. SOCIALIST PRINCIPLES
• Article 39(c) the economy of the state will be administered in such a manner so
that wealth may not yet be concentrated in a few hands and the means of
production may not be used against the public interest.
•

11. “
11
• Article 41 of the Indian Constitution of the State will work within the limits of its
economic viability and progress, provide to the citizens the right to work, the right to
education and general assistance in the event of unemployment, old age, disease
and other disabilities.
• Article 42 of the Indian Constitution the state will make provisions for the creation
of just and humane conditions of work. It will also ensure maternity relief.
• Article 43 of the Indian Constitution the state will ensure adequate wages, good life
and rest to the labourers. The state will also endeavour to make available to the
labourers various socio-cultural facilities.

12. 2.
Liberal Principles
12

13. “
13
• Artcle 44 of the Indian Constitution? The State shall Endeavour to formulate and
implement a Uniform civil-code for all the people living throughout the territory of
India.
• Artcle 45 of the Indian Constitution the State shall Endeavour to provide early
childhood care and education for all the children until they complete the age of six
years.
• Artcle 47 of the Indian Constitution the State shall strive to raise the level of
nutrition and the standard of living. Thus, it will Endeavour to improve upon the
health of the people.

14. “
14
• Artcle 48 of the Indian Constitution, the State shall strive to organise agriculture
and husbandary on modern and scientific lines. It will also try to maintain and
improve upon the breed of the animals.
• Article 50 of the Indian Constitution the state will try to separate the judiciary from
the executive in the case of public service.

15. 3.
Gandhian Principles
15

16. “
16
• Article 40, State will strive to organise Panchayats in villages and will endow them
with such powers which enabel them to act as units of self government.
• Article 43, the state shall strive to develop the cottage industry in the rural areas
both, on individual or cooperative basis.
• Article 47,the state will strive to ban the consumption of wine, other intoxicating
drinks and all such commodities which are considered injurious to health.
• Article 48 reveals that State will ban slaughtering of cows, calves and other milch
cattle.

17. 4.
International Principles
17

18. “
18
• Article 51(a)- The State will strive to promote international peace and security.
• Article 51(b)- The State will strive to maintain just and- honourable relations
among various states in the world.
• Article 51(c)- The State will endeavour to promote respect for International
treaties, agreements, and law.
• Article 51(f)- The State will strive to settle international disputes by arbitration.

19. ACCOUNTABILITY
DOES NON-ENFORCEABILITY LEAD TO NONIMPLEMENTATION?
• THE SANCTION BEHIND THEM IS POLITICAL –
ACCOUNTABLE TO THE ELECTORATE –
OBSERVATION OF DR AMBEDKAR
“IF ANY GOVERNMENT IGNORES THEM, THEY WILL CERTAINLY HAVE TO ANSWER FOR
THEM BEFORE THE ELECTORATE AT THE ELECTION TIME”
19

20. ACCOUNTABILITY
ROLE OF THE COURTS IN ESTABLISHING
ACCOUNTABILITY OF STATE
• Hon’ble SC has been issuing directions in many landmark cases like
keshvananda bharti case, minerva mills case etc. and thereby instructing
state to implement DPSPs in right spirit.
20

21. 21
DOES NON
ENFORCEABILITY OF
DPSPS MEANS NON –
EXISTENCE OF DPSP?

22. “
22
• Dr B.R ambedkar father of nation said that they are the instruments of
instructions and its concept will change dependant on time and
circumstance
• The implementation of the dpsp requires resource which the
constitutional framers put it in article (37) which states that its non
enforceable but fundamental in the governance

23. IMPLEMENATION OF DPSP
◈ ACTS – MINIMUM WAGES ACT, MATERNITY BENEFIT ACT,
EQUAL RENUMERATION ACT ,RTE ETC.
◈ BOARDS –HANDLOOM BOARD, SILKBOARD, HANDICRAFT
BOARD UNDER ARTICLE 43 ETC.
◈ PROGRAMMMES -IRDP,MGNREGA ,PDS , NEGP, SWACHH
BHARAT , SUKANYA SAMRIDHI , ATAL PENSION SCHEME
,NRHM ETC.
◈ ARTICLE 21 , PUBLIC INTEREST LITIGATION ETC
23

24. UNIMPLEMENTED DPSP
◈ UNIFORM CIVIL CODE ( ARTICLE 44) : It states that it is the duty of
the state to secure for the citizens a Uniform Civil Code
throughout the territory of India. In other words we can say
that it means one country one rule.
◈ It is the common set of governing rules for all citizens of India which refers to replace the
personal laws (based on religious scriptures and customs). These laws are famous from
public law and cover marriage, divorce, inheritance, adoption and maintenance. In fact Goa
is the only state which has a common family law and 1954 Special Marriage Act allows any
citizen to marry outside the realm of any special religious personal law.
24

25. DPSP & 21st Century
◈ Citizen centric governance.
◈ Swachya Bharat Abhiyan.
◈ E-governance programmes, financial inclusion, jan dhan yojna, different types of
insurances, different types of subsidies etc.
◈ RTI Act,informaton inclusion.
◈ Nirbhaya Act 2013-Criminal Law amendment Act2013,need of the hour.
◈ National rural health mission NRHM.
◈ J.L Urban renewal mission.
The role of executive is still very important in present time, because the challenges which
were present at the time of independence e.g socio-economic disparities,regional imbalances,
etc are still there. In this context Executive empathy towards DPSP'S is important. 25

26. FD

27. PLACE IN THE
CONSTITUTION
IN PART IVA OF CONSTITUTION
IN ARTICLE 51A
27
• 42nd Constitutional amendment act, 1976.
• Inspired by the Constitution of erstwhile USSR
• Based on the recommendations of Swaran Singh Committee

28. PLACE IN THE
CONSTITUTION
LIST
28
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 which inspired our
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 so;

29. PLACE IN THE
CONSTITUTION
LIST
29
1. To promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious, linguistic and regional or
sectional diversities; to renounce practices derogatory to the dignity of
women;
2. To value and preserve the rich heritage of our composite culture;
3. To protect and improve the natural environment including forests, lakes,
rivers, wildlife and to have compassion for living creatures;
4. To develop the scientific temper, humanism and the spirit of inquiry and
reform;

30. PLACE IN THE
CONSTITUTION
LIST
30
1. To safeguard public property and to abjure violence;
2. To strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement;
3. Who is a parent or guardian, to provide opportunities for education to
his child, or as the case may be, ward between the age of six to
fourteen years

31. FEATURES
◈ Moral duties
◈ Values which have been a part of the Indian tradition, mythology, religion and practice.
◈ Duties of citizens and not foreigners
◈ Non-justiciable.
31

32. SIGNIFICANCE
◈ Reminder to citizens
◈ Warning against antinational and antisocial activities
◈ Serve as source of inspiration to promote the sense of responsibility
◈ Help courts in examining and determining the constitutional validity of a law
◈ They are enforceable by law.
32

33. PARLIAMENT

34. PLACE IN THE
CONSTITUTION
34
1. Articles 74 and 75 deals with parliamentary system at centre &
article 79 to 122 of part V with organization, composition,
duration, officers, procedures , powers of parliament
2. Article 163 and 164 deals with parliamentary system at state
It is also known as Cabinet Government, responsible government,
the real executives, Westminster model of Government.

35. CONSTITUION
35
RAJYASABHA
Upper House
250
PRESIDENT
LOKSABHA
Lower House
552 (543+2)

36. FEATURES
36
1. Dual Executives : Nominal (de jure)& Real Executives (de facto)
2. Majority party rule (primus inter pare = First among all
3. Collective responsibility : article 75 : swim and sink together
4. Political homogeneity : same party – same ideology/bound by consensus
5. Double membership (six months membership)
6. Leadership of PM
7. Dissolution of lower house
8. Secrecy

37. MERITS & DEMERITS
◈ Harmony between
Legislature & Executives
◈ Responsible Govt.
◈ Prevents despotism
◈ Ready alternative Govt.
◈ Wide representation
◈ Unstable Govt.
◈ No Continuity of policies
◈ Dictatorship of the Cabinet
◈ Against separation of
powers
◈ Government by armatures
37

38. REASONS FOR ADOPTING PS
38
1. Familiarity with system : British Rule
2. Preference to more responsibility : Stability & responsibility
3. Need to avoid legislative – executive conflicts :
4. Nature of Indian Society : Heterogeneity and representation to all

39. Composition of RS
39
1. 250 = 238 (representatives of state and UTs) + 12 (Nominated by the resident
: Art, Literature, Science, Social Services etc)
2. Method of Election: Members are elected by the members of State Legislative
Assemblies through open ballot by single transferable vote of proportional
representation system
3. Tenure: Permanent House but members of Rajya Sabha have 6 years terms
and 1/3rd of its member retire every second year
4. Qualifications: Not less than 30 years of Age, other qualifications remain as
those required for Lok Sabha..
5. Presiding Officer: Vice President is ex-officio Chairman of Rajya Sabha
6. Quorum: 1/10th

40. Composition of LS
40
1. 552 = 530 (representatives of states) + (20 representatives of UTs) + (2
nominated by president from Anglo-Indian Community)
2. Method of Election: Directly by the people on the basis of universal adult
franchise and territorial constituencies
3. Basic qualifications of the members:
•Must be a citizen of India;
•Must be not less than 25 years of age;
•Should not hold any Office of Profit;
•Should neither be insane, nor bankrupt, and
•Should possess all those qualification prescribed by the Parliament from time to time.
4. Tenure: 5 years
5. Number of Sessions: Two Mandatory Sessions
6. Quorum: 1/10 th
7. Presiding Officer: Speaker, elected by the members

41. Q & DQ of Parliament
member
41
1. Indian Citizen
2. Must make oath of affirmation to bear true faith and uphold sovereinignty
3. <30 yrs of age for RS and <25 yrs for LS
4. He/she must be registered as an elector for a parliamentary constituency
5. He/she must be a member of a scheduled caste or scheduled tribe in any
state or UT if he/she wants to contest a seat reserved for them.

42. Q & DQ of Parliament
member
42
1. Voluntarily gives up the membership
2. Violates parties instructions
3. If any independent elected member joins any political party
4. Joins part after expiry of six months

43. 43
Legislative: Supreme law-making body – can make laws on any subject included in
the Union List or Concurrent List, on residuary subjects. During the Proclamation of
Emergency, can make laws on the subjects given in the State List
Executive: Exercise control over the executive through different
devices/mechanisms – by asking questions, and through motions such as
adjournment, censure, call attention and no-confidence, cut-motion etc.
Financial: Passes the Union Budget, and Vote on Account (if Budget is not passed
in the beginning of new financial year)
Judicial: Impeach President and Judges of Supreme Court and High Court,
Comptroller and Auditor General of India, Chief Elections Commissioner
Constituent: Can amend the constitution
Electoral: Can elect President and Vice-President
P & F of P

44. 44
Legislative: Supreme law-making body – can make laws on any subject included in
the Union List or Concurrent List, on residuary subjects. During the Proclamation of
Emergency, can make laws on the subjects given in the State List
Executive: Exercise control over the executive through different
devices/mechanisms – by asking questions, and through motions such as
adjournment, censure, call attention and no-confidence, cut-motion etc.
Financial: Passes the Union Budget, and Vote on Account (if Budget is not passed
in the beginning of new financial year)
Judicial: Impeach President and Judges of Supreme Court and High Court,
Comptroller and Auditor General of India, Chief Elections Commissioner
Constituent: Can amend the constitution
Electoral: Can elect President and Vice-President
Role of Parliament – in Nutshell

45. 45
• Only a talking-shop of the so-called representatives who are elected most of the times by gaining
less than 50% votes
•Absenteeism, Disruption in the Proceedings etc.
•Decisions are taken by organizations/ party-in-power outside the Parliament, and Parliament is
used just for formal ratification. Indo-US nuclear deal is one example.
•Gender-imbalance
•Lack of intra-party democracy within parties does not let the debate become non-partisan
•Number of days of Parliament sittings is declining. In 1951 Lok Sabha sat for 151 days, in 2007 it
came down to 66.
•Inquiry reports are either not tabled, or at times delayed for political reasons.
•Members are turn-coats and find ways and means to defect.
•Charges of corruption against members
•There is a legislative vacuum. Laws on burning issues like surrogacy, cloning, money laundering,
euthanasia, terrorism either need be reformed or made. Many sensitive bills are still pending,
Women Reservation Bill is one.
Critique of Parliament

46. PRESIDENT

47. PLACE IN THE
CONSTITUTION
47
1. Articles 52 to 78 in Part V deal with the Union Executives
2. President : Article 52 to 62
Rank & Order : First
First Citizen of India
Head of the Indian State
Acts as symbol of unity, integrity and solidarity of the nation

48. Articles
48
1. 52 : The president of India
2. 53 : Executive power of the union
3. 54 : Election of the President
4. 55 : Manner of the election of the president
5. 56 : Term of office
6. 57 : Eligibility & reelection
7. 58 : Qualification
8. 59 : Conditions of office
9. 60 : Oath
10. 61 : Impeachment
11. 62 : Time of holding election to fill vacancy in the office of president

49. Election of the President
49
a. Method of election : Indirect (electoral college)
b. Type of Election : Single transferable vote
c. Voters :
1. The elected members of both the Houses of Parliament
2. The elected members of the legislative assemblies of the state
3. The elected members of the legislative assemblies of the UT of Delhi &
Puducherry

50. Value of the vote
50
1. Value of the vote of an MLA
= Total population of the state 1
-------------------------------------- x ------
Total No. of Elected Members 1000
2. Value of the vote of an MP
= Total value of the votes of all MLAs of all states
------------------------------------------------------------------
Total No. of Elected Members
Electoral quota
Total No. of Valid votes polled
---------------------------------------- + 1
1+1 = (2)

51. Value of the vote
51
Elector Total number of
electors
Total value of votes
Members of
Legislative
Assemblies (elected)
4,120 549,495
Members of
Parliament (elected)
776 549,408
Total 4,896 1,098,903

52. 52
1. He should be a citizen of India
2. He should have completed 35 years of age
3. He should be qualified for election as a member of the Lok Sabha
4. He should not hold any office of profit under the union government or state government or any
local authority or any other public authority.
Qualification
Office of Profit :
An office of profit means a position that brings to the person holding it some
financial gain, or advantage, or benefit. It may be an office or place of profit if it
carries some remuneration, financial advantage, benefit etc. It's a term used in a
number of national constitutions to refer to executive appointments.

53. 53
Before entering upon his office, the president has to subscribe an oath. The president swears:
1. To faithfully execute the office
2. To preserve, protect and defend the Constitution and the law
3. To devote himself to the service and well0-being of the people of india
Oath or affirmation by the president
The oath of the President is administered by the Chief Justice of India and in his
absence, senior most judge of the supreme court available.

54. 54
1. He should not be a member of either house of parliament or state.
2. He should not hold any other office of profit.
3. He is entitled, without payment o rent, to the use of his official residence.
4. He is entitled to such emoluments, allowances and privileges as may be determined by
parliament.
5. His emoluments and allowances cannot be diminished during his term of office.
Condition of President’s Office

55. 55
1. On the expiry of his tenure of five years
2. By his resignation
3. On his removal by the process of impeachment
4. By his death
5. On disqualification to hold his office
Vacancy of Office

56. 56
- The president can removed by impeachment process on ‘violation of the constitution’.
- Impeachment can be initiated by either house of parliament.
- The charges should be signed by one-fourth members of the house
- 14 days notice should be given to the president
- Majority of 2/3 of total membership of the house
- Proposal is then sent to other house, which should investigate the charges.
- (The president has right to be present at such investigation)
- *** The elected members of the legislative assemblies of the state and the Union Terrotories of
Delhi and Puducherry do not participate in Impeachment process of a President.
Impeachment – Removal of
President

57. 57
POWERS &
FUNCTIONS
OF
PRESIDENT

58. 58
1. Executive Powers are vested in President
• Exercise the powers directly or through his subordinates
• Supreme command of Defence Forces
• Art.72, Power to grant pardons, reprieves, respites or remission for punishment
• To remit or commute the sentences of any person convicted of any offence
• Appoint PM
• With the advice of PM make other appointments, like Attorney General, Chief Justice of SC and
those of HC
• Members of UPSC, Election Commissioner, Governor of State, Chief Commissioners of Union
Territories etc.
• Every appointment in central govt. is in the name of President or under his authority
Executive Powers

59. 59
• Represent the nation in the eyes of foreign countries
• Sends and receives ambassadors and other diplomatic agents from other countries
• War & peace are declared in his name
• Can issue directives to the state Governors in certain executive matters
• Responsible for the administration of Union Territories
• Under certain conditions he can remove Chief Justice of India, other judges of SC & HC
• Can remove chairman and members of the Union & State Public Service Commission
Executive Powers

60. 60
• Cover a wide Field
• Integral part of the legislative process
• Assent to pass any money bill by parliament to become law
• Summons, Prologue the both houses of parliament
• Can dissolve Lok Sabha
• Select/nominate members in LS
• Certain bill needs prior assent to present before the parliament
• He may withheld his assent or may return the bill to the Houses for reconsideration on the lines
suggested by him
• Formation of State, boundaries, alteration of area or names of the existing state needs
recommendation of the president
• Take over the administration of the state
• Exercise Veto on the advice of Union Cabinet
Legislative Powers

61. 61
• Every financial year, cause to laid before both the house of parliament a statement of the
estimated receipts and expenditure of GOI fro that year
• Can ask supplementary, additional, or excess grants
• Money bill
• Enhancement or reduction of taxes
• Amendment or abolishment of any tax
• Laid before the Parliament the Annual Financial Statement, Report of Auditor General of India,
Relating to the Accounts of the GOI
• Recommendations made by the finance commission, annual report of the Union Public Service
Commission
• Contingency Fund for unforeseen expenditure
• Expenditure must be approved by the Parliament
Financial Powers

62. 62
• Enormous Judicial Power – Grant Pardon – Reprieves (cancel or postpone the punishment) –
Respite (a short period of rest or relief) – Remission of punishment (the cancellation of a debt,
charge, or penalty.) – Suspend, remit, commute (travel) the sentence of any person convicted
of any offence in all cases – Where the punishment is by court- Martial and in all cases the
sentence is one of death
• President is above law
• Not subject to the scrutiny of the any court
• Appoint Judges of SC & HC
• Art.143, he can ask SC any question of Law or fact of public importance for its advisory opinion
• Approval is necessary for the rules made by SC for regulating practice and procedure of the court
Judicial Powers

63. 63
• Deal with unseen contingencies
• Part XVIII deal with emergency powers
• 3 kind of emergency – Arising war or external aggression and internal aggression – Breakdown of
constitutional machinery – Financial emergency
Art.352, National Emergency, issue of proclamation of emergency
• Remains valid for an indefinite period, unless president revokes it
• 25th June 1975, hatred of internal threatened the very unity and integrity of India
Art. 356, Breakdown of constitution
• President take over the administration of the state • President’s Rule of emergency • Governor
of state is not satisfied with situation arises, state cannot be carried on in accordance with the
provisions of the constitution • Approved by parliament within two months • Remains in force for
six months • Can be extended for another six months • Except High Court all the functions of
state govt. are taken over by the president
Art.360, Situation arises that the financial stability in INDIA or any part of it is threatened
• Remains valid for an indefinite period, unless president revokes it • Approved by the parliament,
within two months • Salary of any state govt. or union govt. servants may be reduced • Allocation
of revenue between central and state may be altered • President may give direction to the state
Emergency Powers

64. COUNCIL OF MINISTERS

65. 65
Councils of Ministers are usually
composed of those ministers who
are responsible for a ministry, and
are usually led by the President of
the Council of Ministers, a term
that is usually translated as
"Prime Minister".
MEANING

66. 66
• President is constitutional Head
• Real executive of the Indian Union is Councils of Minister
• Actually Exercise the powers
• Art.74, Councils of ministers with PM
• PM as the head to aid the advise the President
• Responsible for the house of people
• Hold the office during the pleasure of the president
MEANING

67. 67
• Art.75, PM appointed by President
• Other ministers appointed by President on the advice of the PM
• Free hand to appoint PM, but little opportunity of exercising his
personal choice in appointing PM
• Normally appoint the leader of the Majority Party in Lok Sabha
as the PM
• In case, if no party command clear majority, the President may
have some freedom of choice
• In 1996 – BJP- Atal Bihari Bajpayee & Deoganda (Leader of
United Front)
FORMATION OF COM

68. 68
• PM is solely responsible for the formation of COM
• COM will be large or small is a matter in which PM decides on
administrative and political grounds.
• 3 categories of Ministers
– Cabinet (A cabinet is a body of high-ranking state officials,
typically consisting of the top leaders of the executive branch.)
– Ministers of state (a "Minister of State" is a junior minister,
who is assigned to assist a specific cabinet minister and
the ministers of state with independent charges.)
– Deputy Ministers
FORMATION OF COM

69. 69
• Consist of top-ranking ministers, Decides mostly the policy matters
• All cabinet members are ministers, all ministers are not cabinet ministers
• Minister of state & deputy ministers do not attend the cabinet meetings,
unless specially invited
• No voice in formation of Govt. Policy, Parliamentary Secretaries
• COM is a big body includes all categories of ministers, Cabinet is
smaller body consist of few members who are in charge of separate
departments.
• Cabinet is called as – “ A wheel within a wheel”
• Cabinet usually consist of 10 to 20 members
Difference Between COM & Cabinet

70. 70
• COM and cabinet are the real executive head of the govt.
• Take decisions in all administrative matters
• Collectively responsible to parliament
• A minister is free to give dissent while policy is in the stage of discussion
• Cabinet occupies powerful position in parliament
• Union cabinet formulates the general policy of country
• Shapes foreign relations
• Decide which taxes should be imposed, abolish, reduced etc.
• How the national income should be spent
• Cabinet controls the budget, administrative machinery of the country
FUNCTIONS

71. 71
• Coordinate the working of various departments of the govt.
such as:-
– Finance
– Home Defence
– Commerce
– Labour etc.
• To settle down the differences between the two department
• Conflicts are also resolved in the cabinet meetings
FUNCTIONS

72. 72
• The Size of committee is not uniform
• There are 10 standing committees
– Economic Committee: Directs and coordinated all govt. activities in the
economic field, regulate working of national economy
– Heavy Industries Committee: Brings coordination in all levels in the heavy
industries in the public sector
– Defence Committee: matters relating to the defence of the country
– Foreign affairs committee: deals with all matters related to foreign affairs
– Parliamentary & legal affairs Committee: Watch progress, work of the
govt., Scrutinizes bill & attitude of the govt., take reviews all legislation
undertaken by various legislature
– The Rehabilitation Committee: Relief and rehabilitation of displaced
persons
COMMITTEES OF CABINET

73. 73
– Information & Broadcasting Committee: Directs, coordinates
information activities (Govt., Press, Public), formulate broadcasting
polices
– The man-power committee: Consider the problem of manpower in an
integrated manner
– The scientific committee: advice the cabinet in formulation and
implementation of the policy with regard to scientific affairs, co-
ordinates scientific work by various ministers and semi-govt. scientific
institutions
– The appointment committee: all recommendations for secretaries
appointments of the rank of deputy secretaries
COMMITTEES OF CABINET

74. GOVERNOR

75. PLACE IN THE
CONSTITUTION
75
1. Articles 153 to 167 of Part VI deal with the State Executives
2. Governor : Article 153 to 161
Rank & Order : First (State)

76. Articles
76
1. 153 : Governor of State
2. 154 : Executive power of the state
3. 155 : Appointment of Governor
4. 156 : Term of office
5. 157 : Qualification
6. 158 : Conditions of office
7. 159 : Oath
8. 160 : Discharge of the functions of the Governor in certain contingencies
9. 161 : Powers of Governor

77. Appointment of Governor
77
1. The Governor is neither directly elected by the people nor
directly elected by specially constituted electoral college
as that of Presidents case.
2. Governor is appointed by the president by Warrant under
his Hand and seal.

78. Similarities with President
78
• Both the President and Governor have the status of Constitutional
Heads.
• All executive decisions are taken in their name but actual power is
exercised by Council of Ministers
• All ordinary / money bills passed must get their assent before they
become an act.
• Both of them have powers to promulgate(declare) ordinances
• All Money bills can be introduced with prior recommendation of
President in the Lok Sabha and Governor in the state legislature.

79. Differences with President
79
• The discretionary powers of Governor are with wider scope in the state than the
President in the Union.
• Governor cannot grant pardon to somebody convicted and sentenced to death,
although he can commute such sentence. Only president has power to pardons
• President can nominate two members of Anglo-Indian Community in Lok Sabha,
Governor can nominate one member of Anglo-Indian Community in State Legisla
• President nominates 12 members in Rajya Sabha. Governor nominates 1/6th
members of State Legislative Council wherever bicameral legislatures exist in
state
• Only President can declare war or peace.
• Only President can pardon a person punished under Martial law.

80. INDIAN JUDICIARY SYSTEM

81. IJS
81
• The Judiciary of India is an independent body
• Separate from the Executive and Legislative bodies of the Indian
Government
• At the apex is the Supreme Court, which is followed by High Courts at
the state level, District Courts at the district level and Lok Adalats at the
Village and Panchayat Level
• The judiciary of India takes care of maintenance of law and order in the
country along with solving problems related to civil and criminal
offences.
• Based on the British Legal System

82. IJS
82

83. S C 83
• Inaugurated on January 28, 1950
• Succeeded the Federal Court of India, established under GOI Act,
1935
• Replaced British Privy Council as the highest court of appeal
• Part V, Article 124 to 147 deals with Supreme Court

84. S C 84
Organization of SC
• S C consists of 31 (30 judges + 1 chief justice)
• Originally the strength of the S C was fixed at 8 (1 CJI + 7 Judges)
Appointment of Judges
• Judges are appointed by president
• The CJI also appointed by president after consultation with judges of
SC and HC
Appointment of CJI
• 1950-1973 Senior most judge
Qualification of Judges
• Indian Citizen
• Should be judge of HC for 5 yrs
• He should have been advocate of a HC for 10 yrs
• He should be distinguished jurist in the opinion of president

85. S C 85
Oath before president
• to bear true faith and allegiance to he COI
• to uphold the sovereignty and integrity of India
• to duly and faithfully and to the best of his ability, knowledge and
judgment perform the duties of the office
• to uphold the Constitution and the law
Tenure
• Not fixed
• Holds office till he attains the age of 65 yrs
• He ca resign his office by writing to president
• Can be removed by president on recommendations of parliament

86. S C 86
Removal of Judges
According to the Judges Enquiry Act, 1968
• A removal motion signed by 100 MPs (LS) and 50 MPs (RS) to be
given to the Speaker/Chairman
• Speaker/Chairman may admit or remove the motion
• If admitted 3 members committee is constituted to investigate
• 3 (a. CJI or SC Judge, b. CJ of HC & c. a distinguished jurist)
• If found guilty by committee house takes up consideration of motion
• After motion is passed by each house addressed to president
• President signs the motion and judge is removed

87. S C 87
Salary & Allowances of Judges
CJI – 2.8 l P.M.
Judges of SC and CJ of HC – 2.5 l P.M.
Judges of HC – 2.25 l P.M
The retires CJI of Judges are entitled to get 50% of their last drawn
salary as monthly pension.

88. S C 88
Jurisdiction & Powers of SC
1. Original Jurisdiction – disputes between centre and state,
states and centre or between states
2. Writ Jurisdiction –
3. Appellate jurisdiction – Constitutional, civil or criminal matter
4. Advisory –
5. A court record –
6. Power of judicial review – to examine the constitutionality of
legislative enactments and executive order of both the central and
state governments

89. H C 89
• HC originated in India in 1862, Calcutta, Bombay and Madras
• 1866 Allahabad
• Delhi is the only UT with HC
• Part VI, Article 214 to 231 deals with Supreme Court
• Judges are appointed by President
•The CJ is appointed by the president after consultation with CJI and the
Governor
Qualification of Judges
• Indian Citizen
• Should have held judicial office in the territory of India for 10 yrs
• He should have been an advocate of a high court for 10 yrs
Oath before president : Same as CJI
Removal : same as process of SC
https://en.wikipedia.org/wiki/List_of_sitting_judges_of_High_Courts_of_India

90. S C 90
Salary & Allowances of Judges
CJI – 2.8 l P.M.
Judges of SC and CJ of HC – 2.5 l P.M.
Judges of HC – 2.25 l P.M
The retires CJI of Judges are entitled to get 50% of their last drawn
salary as monthly pension.
Transfer of judges
The President can transfer the Judges to other HC after consultation
with CJI and in addition to that collegium of four senior most judges of
SC