- The legislative branch of the Indian government consists of the two houses of parliament - the Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower house whose members are directly elected by the people. The Rajya Sabha is the upper house whose members are elected indirectly by state assemblies.
- The Lok Sabha has powers such as approving ordinances issued by the president and changing state boundaries. The Rajya Sabha acts as a revisionary house that balances the Lok Sabha and represents vulnerable sections through proportional representation.
Enzyme, Pharmaceutical Aids, Miscellaneous Last Part of Chapter no 5th.pdf
Â
Unit II Government of the Union
1. UNIT-II
GOVERNMENT OF THE UNION
The executive branch consists of the
president, vice president, and a Council of
Ministers, led by the prime minister.
Within the legislative branch are the two
houses of parliament—the lower house,
or Lok Sabha (House of the People), and
the upper house, or Rajya Sabha (Council
of States).
3. Powers and Functions of President in
India
• Legislative powers enjoyed by the President of India
• The President has the power to dissolve the Lok Sabha.
• A bill that has been passed by both the houses of the
parliament can become a law only if it receives the
president. (subject to limitations)
• The President of India has the power to nominate 12
members to the Rajya Sabha who have made
extraordinary accomplishments in the fields of science,
art, literature and social service.
• The President has the power to send a bill back to the
parliament unless it is a money bill or constitutional
amendment bill.
4. Executive power enjoyed by the
President of India
• The executive powers of the country are
vested with the President of India.
• The parliament can grant additional powers to
the President if it deems fit and these powers
can be further delegated by the president to
state governors.
5. Appointing powers and duties of the
President
• The President has the power and responsibility to
appoint the Prime Minister of India.
• The President of India appoints the Chief Justice.
• The President is the appointing authority for the states
and also has the power to dismiss a governor who has
violated the constitution in their acts.
• Other than the posts mentioned above, the President
has the power to appoint on a number of posts
including, Ambassadors to other countries like, IAS, IPS,
IFS, Attorney General, etcetera.
6. Military powers of the President
• The President of India is the commander in
chief of all the Indian armed forces.
• The President has the power to declare war or
conclude peace with any country on the
advice of a council of ministers headed by the
Prime Minister.
• All the treaties with any foreign countries are
signed in the name of the President of India.
10. Powers And Functions Of The Prime
Minister
• In the scheme of the parliamentary system of government provided
by the constitution, the President is the nominal executive
authority (de jure executive) and Prime Minister is the real
executive authority (de facto executive).
• In other words, the President is the head of the State while the
Prime Minister is the head of the government.
• The Constitution does not contain any specific procedure for the
selection and appointment of the Prime Minister.
• Article 75 says only that the Prime Minister shall be appointed by
the President.
• The salary and allowances of the Prime Minister are determined
by the Parliament from time to time. He/she gets the salary and
allowances that are payable to a member of Parliament.
11. Role and power of the prime minister
• Ministry of Personnel, Public Grievances and
Pensions (as Minister of Personnel, Public
Grievances and Pensions)
• Cabinet Secretariat.
• Appointments Committee of the Cabinet.
• Cabinet Committee on Security.
• Cabinet Committee on Economic Affairs.
• Department of Atomic Energy.
12. Role and power of the prime minister
• He/she is the chairman of the NITI Ayog (which succeeded the
planning commission), National Integration Council, InterState
Council, National Water Resources Council, and some other bodies.
• He plays a significant role in shaping the foreign policy of the
country.
• He is the chief spokesman of the Union government.
• He is the crisis manager-in-chief at the political level during
emergencies.
• As a leader of the nation, he meets various sections of people in
different states and receives memoranda from them regarding their
problems, and so on.
• He is the leader of the party in power and is the political head of
the services.
13. Emergency Powers of the President
• The constitution of India empowers the
President to proclaim three kinds of
Emergencies: National Emergency (Art. 352);
• Emergency for failure of Constitutional
Machinery in a State (Art. 356);
• Financial Emergency (Art. 360)
14. Powers and Functions of the Prime
Minister
– He recommends persons who can be appointed as ministers by
the president. The President can appoint only those persons as
ministers who are recommended by the Prime Minister.
– He allocates and reshuffles various portfolios among the
ministers.
– He can ask a minister to resign or advise the President to
dismiss him in case of a difference of opinion.
– He presides over the meeting of the council of ministers and
influences its decisions.
– He guides, directs, controls, and coordinates the activities of all
the ministers.
– He can bring about the collapse of the council of ministers by
resigning from office.
15. The main functions of Prime Minister
related to the Council of Ministers
• The Prime Minister recommends the names of
members of his team to appoint as a Minister.
The President can only make those people as
ministers whose names are recommended by the
Prime Minister.
• Prime Minister determines which department will
be given to which minister and he can also
change the allotted department of any Minister.
• He also presides over the meeting of the Council
of Ministers and can change the decisions
according to his wishes.
16. The main functions of Prime Minister
related to the Council of Ministers
• He can ask any minister to resign or advise the
president to dismiss him in case of differences of
opinion.
• He also controls and directs the activities of all
Ministers.
• He can bring about the collapse of the Council of
Ministers by resigning from office.
• Note: If the Prime Minister resigns from his post or
dies, then other ministers can’t do any work, which
means the Council of Ministers dissolves itself with the
death/resignation of the Prime Minister.
17. Relationship with the President
• Article 74 There shall be a council of ministers with the
Prime Minister at the head to aid and advise the President
who shall, in the exercise of his functions, act in accordance
with such advice. However, the President may require the
council of ministers to reconsider such advice and the
President shall act per the advice tendered after such
reconsideration.
• Article 75 (a) The Prime Minister shall be appointed by the
President and the other ministers shall be appointed by the
president on the advice of the Prime Minister; (b) The
ministers shall hold office during the pleasure of the
president; (c) The council of ministers shall be collectively
responsible to the House of the People.
18. Relationship with the President
• Article 78 It shall be the duty of the Prime Minister: (a)
to communicate to the President all decisions of the
council of ministers relating to the administration of
the affairs of the Union and proposals for legislation;
(b) to furnish such information relating to the
administration of the affairs of the Union and
proposals for legislation as the President may call for;
and (c) if the President so requires, to submit for the
consideration of the council of ministers any matter on
which a decision has been taken by a minister but
which has not been considered by the council.
22. Legislature of the Union
• Legislature of the Union, which is called
Parliament, consists of the President and two
Houses, known as Council of States (Rajya
Sabha) and House of the People (Lok Sabha).
Each House has to meet within six months of
its previous sitting. A joint sitting of two
Houses can be held in certain cases
23. The Lok Sabha
• The Lower House or the House of the People is
popularly known as Lok Sabha. Its members are
directly elected by the people. The maximum
number of members to be elected which was
fixed by the Constitution at 500. It was raised to
520 members by the Seventh Constitutional
Amendment (1956) and to 545 members by the
42nd Constitutional Amendment (1976). This
includes not more than 525 members chosen by
direct election from territorial constituencies in
the States and not more 20 members to
represent the Union Territories
24. STRUCTURE OF LOKSABHA
• The maximum strength of the House envisaged by the Constitution
is now 552 .
• The Lok Sabha consists of not more than 530 members elected by
direct election from territorial constituencies in the States,
• not more than 20 members to represent the Union Territories .
• not more than two members to be nominated by the President to
represent the Anglo Indian community.
• The Lok Sabha at present consists of 545 members. Of these, 530
members are directly elected from the States and 13 from Union
Territories, while two are nominated by the President to represent
the Anglo-Indian community. As per Constitution 84th Amendment
Act, the total number of seats as allocated to various States in the
Lok Sabha on the basis of the 1971 census, shall remain unaltered
till the first census to be taken after the year 2026.
• The Lok Sabha is elected for five years, unless dissolved earlier.
25. Powers of Lok Sabha
• Approval of the ordinances issued by the President
• Change of the boundaries of the states. State, creation of new
states and change in the name of any state.
• Changes in the jurisdiction of the Supreme Court and the High
Courts.
• Changes the qualifications of the members of the Parliament and
State Legislatures.
• Revising the salary and allowances of the members of Parliament,
• The setting up of Joint Public Service Commission for two or more
states.
• Passing of a resolution for abolishing or creating the upper chamber
of a state legislature,
• Approval of a Declaration of Emergency
26. The Rajya Sabha
• The Rajya Sabha or Council of States consists of not
more than 250 members of which 12 members are
nominated by the President from amongst persons
having 'special knowledge or practical experience in
literature, science, art, and social service.
• The remaining members are elected by the members
of the State Legislative Assemblies in accordance with
the system of proportional representation by means of
single transferable vote. Thus, unlike Lok Sabha, Rajya
Sabha adopts the method of indirect election. For the
purpose of this election, each State is allotted a
number of seats, mainly on the basis of their
population.
27. POWERS OF RAJYA SABHA
• Safety Valve of India’s Federal Polity
• In addition to the well recognised examples of responsible administration and
judicial review, the Rajya Sabha is an important component of the constitutional
checks and balances structure.
• Unlike the president, legislature, and judiciary, the Council of States operates as a
safety valve inside the legislative, reducing federal tensions.
• The founders of the Indian constitution planned to construct a house that would
operate as a revisionary house to check the lower house's hasty legislation, which
may be passed under populist pressures.
• Parliament is not simply a legislative body, but also a deliberative one, allowing
members to discuss important public issues. As a result, the Upper House's job is
to be a deliberative body in addition to balancing the Lok Sabha's "fickleness and
enthusiasm."
• Representing the Vulnerable Sections
28. POWERS OF RAJYA SABHA
• In the Lok Sabha, women, religious, ethnic, and linguistic
minorities are underrepresented (due to first past the post-
election system).
• As a result, an indirect election to the Rajya Sabha (through
propositional representation) would allow them to
participate in the nation's legislative process.
• Special Powers of Rajya Sabha
• The authority to move a subject from the State List to the
Union List for a set amount of time (Article 249).
• Additional All-India Services are being developed (Article
312).
• When the Lok Sabha is dissolved, to declare an emergency
under Article 352 for a limited time.
29. The Speaker
• The position of the Speaker of the Lok Sabha is more or
less similar to the Speaker of the English House of
Commons. The office of the Speaker is symbol of high
dignity and authority. Once elected to the office, the
speaker severs his party affiliation and starts
functioning in an impartial manner. He acts as the
guardian of the rights and privileges of the members.
The Speaker is conferred with a number of powers to
ensure an orderly and efficient conduct of the business
of the House. He conducts the proceedings of the
house, maintains order and decorum in the house and
decides points of order, interprets and applies rules of
the house.