UNIT 2.pptx

UNIT 2
Government of the Union
Powers and Functions of President and Prime Minister - Council of
Ministers – President in relation to his council - Legislature structure and
functions of LokSabha and RajyaSabha – Speaker.

• The constitutional powers and functions of the President of India may
be classified into following principal types.
• Executive Functions
• Legislative Powers and Functions
• Financial Powers and Functions
• Emergency Powers of the President
• Diplomatic powers
• Military powers
• Pardoning Powers / Judicial Powers.
Powers and Functions of President in India

• 1.Head of the Union:
• The President is at the head of the Union Executive.
• 2.Appointments -
• the President appoints the Governors of States, the Judges of the Supreme
Court and the High Courts, the Auditor General of India and many other
high officials, such as the members of Finance Commission, Election
commission, Union Public commission etc.
• 3.Appointment of the Prime Minister and other Ministers
• The President also appoints the Prime Minister and with his advice the other
Ministers of the Union Council of Ministers.
Executive Functions

• 4.Can ask to prove Majority in Lok Sabha
• Union Council of Ministers normally remains in office for five years, unless
dissolved earlier for any reason.
• The President must be satisfied that the Council of Ministers enjoys the
confidence of the majority of the Lok Sabha
• In case of any doubt he can ask the Council of Ministers to prove its majority
in the Lok Sabha.
• 5. Supreme Commander:
• As head of State, the President is the supreme Commander of the Armed
Forces of India and is entitled to declare war or conclude a treaty
Executive Functions

• 1. President is a part of Parliament: The Union Legislature or
Parliament consists of the President and two Houses of Parliament.
The President is, therefore, an integral part of Union Legislature.
• He shall summon from time to time, either separately or jointly, the
Houses of Parliament.
• The President can prorogue the Houses or either House of
Parliament and, if necessary, can dissolve the lower Chamber of
Parliament, the Lok Sabha
Legislative Powers and Functions

• 2.Summons and Addresses Parliament - The President may address
either or both House of Parliament.
• In such address, at the first session after general election to the Lok
Sabha and at beginning of a joint session of Parliament each year,
he may place the reasons for summoning it.

• 3. Nomination -The President nominates a number of members in
both Houses.
• 4. Power in respect of Bills- A bill passed by both the Houses of
Parliament requires his assent in order to become an Act. He may
give his assent to a bill or can withhold assent when a bill, after
getting approved in both the Houses, is placed before the President.

• 5.Bill passed by a State Legislature - A bill passed by a State
Legislature may also be reserved for the consideration of the
President by the Governor of that State.
• The President enjoys this right in relation to a bill passed by a State
Legislature only in such cases where those are referred to him by the
Government of a State under Article 200.

• The President of India also exercises financial powers. No money bill
can be introduced in Parliament without the recommendations of
the President. According to the Constitution of India, the Annual
Financial Statement is placed by the President before both the
Houses of Parliament.
• This statement shows the estimates of revenue and expenditure of
the central Government for the next year. It may be pointed out that
the proposal for taxation and expenditure cannot be made without
the approval of the President.
Financial Powers and Functions

• No proposal for spending money or raising revenues for purposes of
government can be introduced in Parliament without previous
permission of the President.

• 1. National Emergency (Art. 352);
• 2. Emergency for failure of Constitutional Machinery in a State (Art.
356);
• 3. Financial Emergency (Art. 360)
Emergency Powers of the President

• The President of India may issue a Proclamation of National
Emergency when the security of India or any part thereof is
threatened by war, armed rebellion or external aggression.
• Such a Proclamation of Emergency may remain in force for an
indefinite period. During a Proclamation of National Emergency, the
executive power of the States is to be exercised in accordance with
the directions given by the Central Government.
1 National Emergency

• In Case of failure of Constitutional machinery in a State, the
President of India is authorized to make a Proclamation to that
effect.
• The maximum duration of this type of emergency is three (3) years.
• During such an emergency, the President may assume to himself the
executive powers of the State.
2. Failure of State Constitutional Machinery

• The President may also issue a Proclamation of Financial if he is
satisfied that the financial stability of India is threatened. This type
of emergency may continue to remain in force for an indefinite
period.
• The Central Government may give directions to the States for
canons of financial propriety. All money-bills passed by the State
Legislatures are to be reserved for the consideration of the President.
3. Financial Emergency

• All international treaties and agreements are negotiated and
concluded on behalf of the President.
• Also, such treaties are subject to the approval of the Parliament.
• The President represents India in international forums and affairs
where such a function is chiefly ceremonial. The President may also
send and receive diplomats, i.e. the officers from the Indian Foreign
Service. The President is the first citizen of the country.
Diplomatic powers

• The President is the Supreme Commander of the Indian Armed
Forces. The President can declare war or conclude peace, on the
advice of the Union Council of Ministers headed by the Prime
Minister.
• All important contracts are made in the President's name. He also
appoints the chiefs of the service branches of the armed forces.
Military power

• The President of India grants, pardons, reprieves or remissions of
punishment to any person who has been convicted by a Court of
Law.
• As mentioned in Article 72 of the Indian Constitution, the President
is empowered with the powers to grant pardons.
Pardoning Powers / Judicial Powers

• Concerning the Council of Ministers
• The Prime Minister enjoys the following powers as head of the Union council of
ministers:
• 1. 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.
• 2. He allocates and reshuffles various portfolios among the ministers.
• 3. He can ask a minister to resign or advise the President to dismiss him in case
of a difference of opinion.
• 4. He presides over the meeting of the council of ministers and influences its
decisions.
• 5. He guides, directs, controls, and coordinates the activities of all the ministers.
• 6. He can bring about the collapse of the council of ministers by resigning from
office.
Powers and Functions of the Prime Minister

• 1. He is the principal channel of communication between the
President and the council of ministers. It is 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;
Concerning the President

• 2. He advises the president concerning the appointment of
important officials like
• attorney general of India,
• Comptroller and Auditor General of India,
• chairman and members of the UPSC,
• election commissioners, chairman and members of the finance commission,
and so on.
Concerning the President

• The Prime Minister is the leader of the Lower House. In this capacity,
he enjoys the following powers:
• 1. He advises the President about summoning and proroguing of the
sessions of the Parliament.
• 2. He can recommend the dissolution of the Lok Sabha to President
at any time.
• 3. He announces government policies on the floor of the House.
Concerning Parliament

• 1. He is the chairman of the Planning Commission (now NITI Aayog),
National Development Council, National Integration Council, Inter-State
Council, and National Water Resources Council.
• 2. He plays a significant role in shaping the foreign policy of the country.
• 3. He is the chief spokesman of the Union government.
• 4. He is the crisis manager-in-chief at the political level during
emergencies.
• 5. 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.
• 6. He is the leader of the party in power.
Other Powers & Functions

UNIT 2
Government of the Union
Powers and Functions of President and Prime Minister - Council of
Ministers – President in relation to his council - Legislature structure
and functions of LokSabha and RajyaSabha – Speaker.

• The following provisions of the Constitution deal with the relationship
between the President
• 1. 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.
Relationship with the President

• 2. 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.
Relationship with the President

• 3. 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.

• 1. 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.
• 2. Prime Minister determines which department will be given to which
minister and he can also change the allotted department of any Minister.
• 3. He also presides over the meeting of the Council of Ministers and can
change the decisions according to his wishes.
• 4. He can ask any minister to resign or advise the president to dismiss him
in case of differences of opinion.
• 5. He also controls and directs the activities of all Ministers.
The main functions of Prime Minister related to
the Council of Ministers are as follows:

• The Prime Minister has the right to give advice to the President in
relation to the appointment of the following officers:
• 1. The Comptroller and Auditor General of India - Girish Chandra
Murmu
• 2. Attorney-General of India - K. K. Venugopal
• 3. Solicitor General of India - Tushar Mehta
• 4. President of the Union Public Service Commission and its members
• 5. Election Commissioners - Sushil Chandra
• 6. Chairman and Members of the Finance Commission (4 Members)
Rights in relation to appointments:

• The prime minister is the leader of the lower house of Parliament
and he enjoys the following powers.
• 1. He advises the President with regard to summoning and
proroguing of the sessions of the parliament.
• 2. He can recommend the dissolution of the sessions of the
Parliament.
• 3. He declares government policies on the floor of the house.
Rights in the context of Parliament:

1. He plays an important role in shaping the foreign policy of the
nation.
2. He is the chief spokesman of the Central Government.
3. He is the leader of the ruling party.
4. He is ex-officio Chairman of the Planning Commission (now NITI
Aayog), National Development Council, National Integration Council,
Inter-State Council and National Water Resources Council.
5. He is the crisis manager-in-chief at the political level during
emergencies.
6. He is the political head of the armies.
Other powers of the Prime Minister:

• The term legislature has been derived from the Latin word lex, which
means a distinct kind of legal rule mainly of general application. This
rule is named legislation, and the institution, which enacts it on
behalf of the people, is known as legislature.
• Essentially, there are two models of legislative structure: the
Parliamentary and the Presidential.
• In the parliamentary model, the executive is selected by the legislature from
among its own members. Therefore, the executive is responsible to the
legislature.
• The Presidential system is based on the theory of separation of powers and
does not permit any person to serve simultaneously in both executive and
legislature.
Legislature

• The Lower House or the House of the People is popularly known as Lok
Sabha. Its members are directly elected by the people.
• 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.
• In addition the President may nominate two members of the Anglo-Indian
community if he is of the opinion that the community is not adequately
represented in the Lok Sabha.
• For election purpose, each state is divided into territorial units called
constituencies which are more or less of the same size with regard to the
population. The election to the Lok Sabha is conducted on the basis of
adult franchise; every adult who has attained 18 years of age is eligible to
vote. The candidate who secures the largest number of votes gets elected.
The Lok Sabha

• The normal life of the Lower House is five years, though it can be
dissolved earlier by the President
• To be a member of the Lok Sabha, a person should be an Indian
citizen, must have completed 25 years of age and must possess all
other qualifications that are prescribed by a law of the Parliament.
• A candidate seeking election to the Lok Sabha can contest from any
parliamentary constituency from any of the States in India.

• The candidate may contest from several seats, but if elected from
more than one, he has to vacate all expect one according to his
choice. If a person is elected both to the State legislature and the
Parliament and if he does not resign from the State legislature within
the specified time period, he will forfeit his seat in Parliament.
• A member should not hold any office of profit under the Central or
State government except those that are exempted by a law of
Parliament, and should not have been declared as an insolvent or of
unsound mind by a competent court.

• A member also gets disqualified when he remains absent from the
meetings of the House for a period of sixty days without prior
permission or when he voluntarily acquires the citizenship of
another country or is under any acknowledgement of allegiance to a
foreign state.

• The maximum strength of the House envisaged by the Constitution is now 552 .
i. The Lok Sabha consists of not more than 530 members elected by direct election
from territorial constituencies in the States,
ii. not more than 20 members to represent the Union Territories .
iii. not more than two members to be nominated by the President to represent the
Anglo Indian community.
iv. 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.
Structure

• The Lok Sabha and the Rajya Sabha jointly perform the following functions:
• (a) Approval of the ordinances issued by the President
• (b) Change of the boundaries of the states. State, creation of new states and
change in the name of any state.
• (c) Changes in the jurisdiction of the Supreme Court and the High Courts.
• (d) Changes the qualifications of the members of the Parliament and State
Legislatures.
• (e) Revising the salary and allowances of the members of Parliament,
• (f) The setting up of Joint Public Service Commission for two or more states.
• (g) Passing of a resolution for abolishing or creating the upper chamber of a state
legislature,
• (h) Approval of a Declaration of Emergency.
Some Other Powers of Lok Sabha

• After studying the powers and functions of the Lok Sabha, we can say
that the Lok Sabha is a very powerful House. The Council of
Ministers is responsible to the Lok Sabha and not to the Rajya
Sabha.
• The Lok Sabha has full control over the finances of the State. It
dominates ordinary law making bills as nearly 90% of the bills are
introduced in it.
• The joint sitting method of resolving the deadlocks between the two
Houses tends to favour the Lok Sabha. It also controls the executive.
The leader of majority in the Lok Sabha becomes the Prime Minister.
Position of the Lok Sabha

• Lok Sabha can cause the dismissal of the Council of Ministers by
passing a vote of no-confidence or by rejecting a policy or law of the
government. Hence, the Lok Sabha is a very powerful house of the
Union Parliament.

• 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.
The Rajya Sabha

• Whereas every State of the United States sends two representatives
to the Senate, in India, the number of representatives of the States
to the Rajya Sabha varies from one (Nagaland) to 34 (Uttar Pradesh)
depending upon the population of a state. Rajya Sabha is a
continuing chamber as it is a permanent body not subject to
dissolution.
• One third of its members retire at the end of every two years and
elections are held for the vacant positions.
• A member of Rajya Sabha has a sixyear term, unless he resigns or is
disqualified.

• The Rajya Sabha has hardly any control over the ministers who are
individually and jointly responsible to the Lok Sabha.
• Though it has every right to seek information on all matters which
are exclusively in the domain of Lok Sabha, it has no power to pass a
vote of no-confidence in the Council of Ministers.
• Moreover, the Rajya Sabha has not much say in matters of money
bills. Nevertheless, the Constitution grants certain special powers to
the Rajya Sabha.
Special Powers of Rajya Sabha

• First, under Article 249, the Rajya Sabha has the power to declare
that, in the national interest, the Parliament should make laws with
respect to a matter enumerated in thus, these special provisions
make the Rajya Sabha an important component of Indian
Legislature rather than just being an ornamental second chamber like
the House of Lords of England.
• The constitution makers have designed it not just to check any hasty
legislation, but also to play the role of an important influential
advisor. Its compact composition and permanent character provides
it continuity and stability.

• As many of its members are "elder statesmen" the Rajya Sabha
commands respectability. the State List. If by a two-thirds majority,
Rajya Sabha passes a resolution to this effect, the Union Parliament
can make laws for the whole or any part of India for a period of one
year.
• The second exclusive power of the Rajya Sabha is with regard to the
setting up of All-India Services.
• If the Rajya Sabha passes a resolution by not less than two-thirds of
the members present and voting, the parliament is empowered to
make laws providing for creation of one or more All-India Services
common to the Union and the Sates.

• 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.
The Speaker

• The Speaker’s decision is final in all such matters. The Speaker certifies
whether a bill is money bill or not and his decision is final.
• The Speaker authenticates that the house has passed the bill before it is
presented to the other house or the President of India for his assent.
• The Speaker in consultation with the leader of the house determines the
order of business. He decides on the admissibility of questions, motions
and resolutions.
• The Speaker will not vote in the first instance, but can exercise a casting
vote in case of a tie.
• The Speaker appoints the chairpersons of all the Committees of the house
and exercises control over the Secretarial staff of the house.

• The Speakers conduct cannot be discusses in in the house except in
a substantive motion.
• His salary and allowances are charged to the Consolidated Fund of
India so that the independent character of the office is maintained.

• The Vice-President of India is the ex-officio chairperson of the Rajya
Sabha; but during any period when the Vice President acts a
President or discharges the functions of the President, he does not
perform the duties as a presiding officer of the Rajya Sabha.
• The Vice-President is elected by the members of both the houses of
Parliament assembled at a joint meeting, in accordance with the
system of proportional representation by means of single transferable
vote and the voting at such elections is by secret ballot.
Chairperson of Rajya Sabha

• The Vice President is not a member of either house of Parliament or
of a house of legislature of any State. He holds office for a term of five
years from the date on which he enters upon his office or until he
resigns his office or is removed from his office by a resolution passed
by a majority of members of the Rajya Sabha and agreed to by the
Lok Sabha. The functions and duties of the Chairperson of the Rajya
Sabha are the same as those of the Speaker of the Lok Sabha.

• The Legislative Assembly of each State is composed of members
chosen by direct election on the basis of adult suffrage from
territorial constituencies. The size of the Assembly varies from a
minimum of 40 to no more than 500. The duration of the Legislative
Assembly is for five years.
• The membership of the Legislative Council shall not be less than 40
but not more than one-third of the total membership of the
Assembly. The House is composed of partly elected and partly
nominated members.
State Legislature

• The position of the Council is inferior to that of the Assembly so much so
that it may well be considered as unnecessary.
• A) The very nature of composition of the Legislative Council makes its
position weak, being partly elected and partly nominated, and representing
various interests.
• B) Its survival depends on the will of the Assembly, as the latter has the
power to abolish the Second Chamber by passing a resolution.
• C) The Council of Ministers are responsible only to the Assembly and not to
the Council.
• D) As regard any ordinary bill originating in the Assembly, the Council's
position is very weak for it can only delay its passage for a limited period.

• At present there exists a strong tendency indicating decline of
legislature and corresponding enhancement of power of the
executive. Several factors have contributed to this decline of the
prestige and functioning of the Parliament. Parliament is simply not
able to devote its entire time to the details of the legislative
measures. It could at best lay down broad policy and leave the rest to
be taken up by the executive.
Decline of Legislature

• Dominance by the party, the lack of party organisation, the malaise of
political defections, corruption and the decline of the morale of
politician have all contributed to the erosion of the prestige of the
Parliament. A major threat to Parliament in India is posed by the
growth of diverse and divisive forces in all the political parties.

• Both the ruling and opposition parties are prompted more by
considerations of expediency and political motives than ideology. The
ineffectiveness of the opposition and the lack of a strongly articulated
public opinion have added to the erosion of Parliaments position vis a
vis the executive headed by the Prime Minister. In theory, we have a
parliamentary system where the executive is controlled by the
legislature, but in reality, the powers of the legislature have passed
into the hands of the executive.

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UNIT 2.pptx