The President of India in the Indian Constitution

(1)Article 52 – There shall be a President of India
(2)Article 53 – Executive power of the Union: The executive power shall be vested in the President and shall be exercised by him either directly or through officers’ sub-ordinate to him.
(3)He is the supreme commander of the defence forces in India.
(4)Though he’s only the constitutional head, or titular head, de jure head or nominal executive or just a symbolic head.

Election of the President

1. The President shall be elected by the members of an ELECTORAL COLLEGE consisting of:

      (a)The ELECTED MPs
      (b)The ELECTED MLAs of the states
      (c)The ELECTED MLAs of National Capital territory of Delhi (added by 70^th Amendment Act, 1992 and with effect from 1-06-1995) and Union territory of Puducherry.

2. Thus, nominated members of parliament and legislative assemblies and members of legislative councils do not participate in presidential election.
3. Article-55 provides for manner of election and there should be uniformity and representation throughout the Nation as per the constitution. Hence, MPs and MLAs have been assigned votes as per their representation.
4. Election is held in accordance with system of proportional representation by means of single transferable vote and voting is done by secret ballot.
5. All doubts and disputes arising out of the Presidential elections are decided into and enquired by the Supreme Court whose decision is final.
6. The elections are monitored and conducted by the Election Commission of India.
7. Only one President, that is, Neelam Sanjiva Reddy has been elected unopposed so far.
8. Dr. Rajendra Prasad is the only President to have been elected twice.
9. Two Presidents – Dr. Zakir Hussain and Fakhruddin Ali Ahmed have died in the office.

 Term of office (Article 56) and Re-election (Article 57)

Term – 5 years.

Resignation is addressed to the Vice-President.

The President is eligible for re-election for any number of terms.

Qualification (Article 58), Conditions (Article 59) & Oath (Article 60)

Eligibility -

      (a)citizen of India
      (b)35 years
      (c)Is eligible for election as an MP of the House of the People.

Shouldn’t hold any office of profit.

The President shall not be a member of either House of Parliament of any Legislature. Even if such a member is elected, he is deemed to have vacated that seat.

The nomination of a candidate for election must be subscribed by at least 50 electors as proposers and 50 electors as seconders.

Oath administered by the Chief Justice of India or in his absence the senior-most judge of the Supreme Court available.

Emoluments, allowances and privileges etc. as may be determined by the parliament and which can’t be diminished during his term.

He is immune from any criminal proceeding during his term. He can’t be arrested or imprisoned. However, after two-month’ notice civil proceedings can be initiated against him during his term in respect of his personal acts.

Impeachment of the President (Article 61)

A formal removal of the President from his post by constitutional means.

He is impeached for the ‘Violation of the Constitution’. However, the term is defined nowhere in the constitution.

The charges can be preferred by either house of the parliament. However, a 14-days’ notice shall be served to the President before the acceptance of such a resolution.

Also, that notice must be signed by at least one-fourth members of the total members of that house which initiated the charges.

After the acceptance of that bill in that house, that impeachment bill must be passed by the majority of 2/3^rd of the total membership of that house.

Then that bill goes in another house which should investigate the charges and the President shall have the right to appear and to be represented at such an investigation.

If another house sustains the charges and finds the President of violation, and passes that resolution by 2/3^rd of the total membership of that house, the President stands removed from the date the resolution is so passed.

Hence, impeachment is a quasi-judicial process. And though, the nominated members of Parliament do no participate in his election, they take part in the impeachment process. Also, states’ legislatures do not have a role in the impeachment process.

Powers of the President

Executive Powers

All executive actions are taken in his name. He is the formal, constitutional, titular head or de jure head of the Government.

Appoints the P.M and other ministers on P.M’s advice.

Appoints the Attorney General of India, CAG, Chief Election Commissioner and other Commissioners, the chairman and members of UPSC, Governors of states, Chairman and members of Finance Commission etc.

He appoints Inter-State Council and he is the one who can declare any area as scheduled area and decides on the matter of declaration of any tribe as scheduled tribe.

Legislative Powers

Summons and Prorogues the Parliament and dissolves the Lok Sabha.

Summons the joint sitting of the two houses of Parliament (which is presided over by the Speaker of Lok Sabha).

Nominates 12 members to Rajya Sabha from amongst people having achievements in art, literature, science and social service and may nominate 2 members to Lok Sabha from the Anglo-Indian Community.

His prior recommendation is required in case of presentation of certain types of bills such as money bills, bills seeking expenditure from the consolidated fund of India etc.

He can withhold his assent to bills, return the bills to the legislatures, apply pocket veto to bills etc.

He can promulgate ordinances when the parliament is not in session.

He lays the reports of Finance Commission, CAG, and UPSC etc. before the Parliament.

No demand for grant can be made except on his recommendation. Also, he constitutes a Finance Commission every five years for distribution of revenues between center and states.

Judicial Powers

Appoints the Chief Justice and other judges of the Supreme Court and High courts.

Seeks advice from the Supreme Court on any question of law.

He can grant pardon etc.

Emergency Powers

National Emergency (Article 352)

President’s Rule (Article 356)

Financial Emergency (Article 360)

Veto Powers

  The President of India has three types of Veto powers, namely

Absolute Veto- Withholding the assent to the bill. The bill then ends and does not become an act. Example- in 1954, Dr. Rajendra Prasad withheld his assent to the PEPSU Appropriation Bill. Also, in 1991 R. Venkataram withheld his assent to the MPs Salaries, allowances bill.

Suspensive Veto- Returning the bill for reconsideration. In 2006, President APJ Abdul Kalam used suspensive veto in office of profit bill. However, the President can return the bill for reconsideration to the legislature only once, after which he has to give his consent.

Pocket Veto- Taking no action on the bill sent to the President. There’s no time limit provided in the constitution within which the President has to give his assent or sign the bill. Hence, he has a ‘bigger pocket’ than the American President. In 1986, President Zail Singh applied Pocket Veto to Indian Post Office Amendment bill.

NOTE: The President has no veto power in case of a constitutional amendment bill. He is bound to give his assent to such bills.

Ordinance Making Powers (Article 123)

An ordinance can be issued by the President only when both houses of Parliament are not in session or when only one house is in session.

The ordinance must be approved by the Parliament within six weeks of its reassembly.

Hence, maximum life of an ordinance is – six months + six weeks.

He can issue an ordinance only on the advice of the council of ministers headed by the P.M

Pardoning power of the President (Article 72)

The President has the power to grant pardon, reprieve, commutation, remission, respite to any persons convicted in any Union Law, or by a court martial or in cases of death penalty.

It is an executive power. And the Governor also has those powers under Article 161, however, the Governor can’t pardon a death sentence nor can he interfere in court martial cases.

The President exercises this power on the advice of the Union Cabinet.

Discretionary Powers of the President

Appointment of the P.M when no party has a clear majority in the Lok Sabha or when the P.M in office dies suddenly and there’s no obvious successor.

Dismissal of the council of ministers when it can’t prove the confidence of the Lok Sabha.

Dissolution of the Lok Sabha if the council of ministers has lost its majority.

Use of Suspensive Veto in case of bills.

List of the Presidents of India

THE PANCHAYATI RAJ INSTITUTIONS

THE PANCHAYATS

The local self-government at the grass-root levels signifies the Panchayati Raj institutions.

They were constitutionalized by 73rd and 74thconstitutional amendment acts 1992 respectively.

In January 1957, the Government of India appointed a committee to examine the working of the Community Development Programme (1952) and the National Extension Service (1953) and to suggest measures for their better working. The chairman of this committee was Balwant Rai G Mehta. It was as per the recommendations of this committee that Panchayati Raj Institutions came up in India post-independence.

Rajasthan was the first state to establish Panchayati Raj. The scheme was inaugurated by the prime minister on October 2, 1959, in Nagaur district. Next was Andhra Pradesh, which too adopted the system in 1959. Gradually, more states followed.

In December 1977, the Janata Government appointed a committee on Panchayati Raj institutions under the chairmanship of Ashok Mehta to revive and strengthen the declining PRIs in India.

The Committee on Administrative Arrangement for Rural Development and Poverty Alleviation Programmes under the chairmanship of G.V.K. Rao was appointed by the Planning Commission in 1985.

In 1986, Rajiv Gandhi government appointed a committee on ‘Revitalisation of Panchayati Raj Institutions for Democracy and Development’ under the chairmanship of L M Singhvi.

The 73rd constitutional amendment act 1992 has added a new Part-IX to the Constitution of India titled ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O. In addition, the act has also added a new Eleventh Schedule to the Constitution. This schedule contains 29 functional items of the panchayats. It deals with Article 243-G.

The Amendment created a constitutional institution known as Gram Sabha, which is a body at the village level comprising of all the registered voters in the village within the area of the Panchayat.

The 73rd CAA provides for the three-tier system of PRIs in every state- village, intermediate and district levels.

The members of panchayat shall be directly elected by the people. Further, the chairperson of panchayats at the intermediate and district levels shall be elected indirectly—by and from amongst the elected members thereof. However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines.

The normal term of the Panchayat at every level shall be five years. The dissolution can also take place before the expiry of the term of the Panchayat. Fresh elections must be held before the expiry of the incumbent Panchayat and if there’s dissolution, then before the expiration of 6 months.

The superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats shall be vested in the state election commission.

The minimum age to contest elections at the panchayat level is 21 years.

Some states where this act does not apply in totality – J&K, Mizoram, Meghalaya and Nagaland and some other scheduled and tribal areas.

The act came into effect from 24th April 1993 and added new parts – part ninth and ninth-A; and new schedules- 11th and 12th to the constitution of India.

THE MUNICIPALITIES

The term ‘Urban Local Government’ in India signifies the governance of an urban area by the people through their elected representatives. The jurisdiction of an urban local government is limited to a specific urban area which is demarcated for this purpose by the state government.

The system of urban government was constitutionalized through the 74th Constitutional Amendment Act of 1992. It added a new part – part 9th-A; and a new schedule- schedule 12th to the constitution of India. There are eight types of urban local governments in India in totality.

In 1687-88, the first municipal corporation in India was set up at Madras.

In 1726, the municipal corporations were set up in Bombay and Calcutta.

Lord Ripon is regarded as the father of local-self-government in India. His resolution of 1882 is considered as the ‘Magna Carta’ of local self-rule in this regard.

NOTE – The part 9th B was added by 97thconstitutional amendment act, 2012 and provides constitutional status to the co-operative societies.

CENTRE-STATE RELATIONS

Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states.

The constitution mentions about three types of Lists.

(a) Union List
(b) State List
(c) Concurrent List

The Union List mentions about those subjects on which only the Union Parliament can legislate.

The State list mentions about those subjects on which only the states in India ‘under normal circumstances’ can legislate.

The Concurrent list mentions about those subjects on which both the Union as well as the States can legislate.

The Union list contains 100 subjects presently (originally 97 subjects).

Examples of subjects in Union list - defense, banking, foreign affairs, currency, atomic energy, insurance, communication, inter-state trade and commerce, census, audit and so on.

The State contains 61 subjects presently (originally 66 subjects).

Examples of subjects in State list - public order, police, public health and sanitation, agriculture, prisons, local government, fisheries, markets, theatres, gambling and so on.

The Concurrent list contains 52 subjects presently (originally 47 subjects).

Examples of subjects in a Concurrent list - criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labor welfare, economic and social planning, drugs, newspapers, books and printing press, and others.

However, if the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time (Article 249).

Also, the Parliament acquires the power to legislate with respect to matters in the State List, while a proclamation of national emergency is in operation (Article 250).

Furthermore, when the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter. A law so enacted applies only to those states which have passed the resolutions. However, any other state may adopt it afterward by passing a resolution to that effect in its legislature. Such a law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states (Article 252).

The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions (Article 253).

Note – Parliament has the exclusive power to legislate on any matter not mentioned in either the State list or Concurrent list (Article 248) – Residuary powers of legislation.

Sarkaria Commission, Rjamannar Commission and Punchhi Commission are some important commissions related to the Centre-State Relations.

The Vice- President of India in the Indian Constitution

The Vice-President of India (Important Articles covered: 63-71)

Part V of the Constitution of India under Chapter I (Executive) also discusses the office of the Vice-President of India. The Vice-President of India is the second highest constitutional office in the country.

Article 63: The Vice-President of India

There shall be a Vice-President of India.

This article mentions about the CONSTITUTIONAL OFFICE of the VICE-PRESIDENT of India.

As we shall see subsequently that the post was created to maintain a continuum in the hierarchy in Indian political system. The V.P does not have very major functions or powers as such.

The post has been inspired by the Constitution of the U.S(QUESTION HAS BEEN ASKED)

Article 64: The Vice-President is to be an ex-officio Chairman of the Council of States.

The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:

This is probably the most important function of the V.P. Ex-officio means by VIRTUE OF HOLDING THE OFFICE. That is,a person automatically becomes THE CHAIRPERSON OF RAJYA SABHA (COUNCIL OF STATES) if he/she is ELECTED as the Vice-President of India.

The first Chairperson of the Rajya Sabha - Dr. Sarvepalli Radhakrishnan

Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

This is the second most important function of the V.P. He can act as the President in case of the death, impeachment, resignation or otherwise of the President of India. However he can act as the president only for a maximum period of six months (question asked) within which a new president has to be elected.

Important Points

When the President Dr.Zakir Hussain died in office, the then Vice-President V.V.Giri acted as the President.

When the President Fakruddin Ali Ahmed died in office, the then Vice-President B.D.Jatti acted as the president.

The Vice-President Dr.S. Radhakrishnan discharged the duties of the President in June 1960 when the then President Dr. Rajendra Prasad was on a 15-day tour to the former USSR. Also, again in July 1961 he discharged the functions of the President when Dr. Rajendra Prasad was very ill.

The V.P gets the salary, allowance and remuneration etc. as the chairperson of the Rjaya Sabha. The present salary of the V.P is 1,25,000 per month.

As has been mentioned above, the V.P gets the salary, allowance etc. of the President when he acts as the president not as the chairperson of the Rajya sabha.

The salary, emoluments etc. of the chairperson of the Rajya Sabha is mentioned in the second schedule of the Constitution of India.

Article 65: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence of President.

As has already been mentioned above, the V.P shall act as the President in case of the President’s death, resignation, removal or otherwise.

Article 66: Election of Vice-President

Vice‑President is elected by members of an electoral college consisting of the members of both the Houses of the Parliament. However, his election is different from that of the President as the state legislatures have no part in it.

The election is held in accordance with the system of proportional representation and voting is done by the secret ballot.

The V.P shall not be a member of either house of parliament or any state legislature, if that is the case then that person is deemed to have vacated the M.P’s or M.L.A’s or M.L.C’s post on the date on which he become the Vice-President.

Eligibility Criteria for Vice - President

He/She should be citizen of India

He/She has completed the age of 35 years.

He/She should be qualified for the member of Rajya Sabha

Does not hold any office of profit under union, state or local authority.

However, for this purpose, the President, Vice‑President, Governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit. (An office of profit is any office that would give its occupant the opportunity to gain a financial advantage or benefit).

 Important Points

The Election Commission of India conducts the election to the office of the Vice-President.

The election of the next Vice-President is to be held within 60 days of the expiry of the term of office of the outgoing Vice-President.

Any person qualified to be elected and intending to stand for election as Vice-President is required to be nominated by at least 20 MPs as proposers and at least 20 MPs as seconders.

A candidate seeking election as Vice-President is required to make a security deposit of Rs.15,000/-.

All doubts and disputes arising in connection with the election of the Vice-President are enquired into and decided by the Supreme Court of India whose decision is final.(Art.71)

Article 67: Term of office of Vice-President

The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that –

(a) A Vice-President may, by writing under his hand addressed to the President, resign his office;

(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution;

(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Article 68: Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.

The election must be held before the completion of the incumbent Vice-President. Also see Note 2 under Article 66.

Article 69: Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say – “I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will discharge the duty upon which I am about to enter.”

Article 70: Discharge of President’s functions in other contingencies.

Article 71:Matters relating to, or connected with, the election of a President or Vice-President.

See Note – 6 Under Article 66

The Parliament is empowered to make laws related to such provisions of the Presidential and Vice-Presidential matters such as elections, terms, and so on.

A few other important points about the V.P of India

S. Radhakrishnan was the first V.P of India and he held the post twice from 1952-1957 and then from 1957-1962. Md. Hamid Ansari has replicated that i.e. from 2007-2012 and from 2012- continuing.

Shri Krishan Kant was the only V.P to have died in office.

The V.P.s who went on to become the Presidents – Dr. S. Radhakrishnan, Zakir Hussain, V.V. Giri, R. Venkataraman, S.D. Sharma, K.R. Narayanan.

Because of the limited powers and functions the V.P of India is also at times termed as “HIS SUPERFLUOUS HIGHNESS”

List of Vice-President of India

Name of Vice President

Office Period

Sarvepalli Radhakrishnan

1952-1962

Zakir Husain

1962-1967

Varahagiri Venkata Giri

1967-1969

Gopal Swarup Pathak

1969-1974

Basappa Danappa Jatti

1974-1979

Mohammad Hidayatullah

1979-1984

Ramaswamy Venkataraman

1984-1987

Shankar Dayal Sharma

1987-1992

Kocheril Raman Narayanan

1992-1997

Krishan Kant

1997-2002

Bhairon Singh Shekhawat

2002-2007

Mohammad Hamid Ansari

2007-2017

Muppavarapu Venkaiah Naidu

2017- till date

THE PARLIAMENT (ARTICLES 79-122)

The Organization of the Parliament

The Parliament consists of the President, the Lok Sabha and the Rajya Sabha.

Lok Sabha is the Lower House (First Chamber or Popular House) and Rajya Sabha is the Upper House (Second Chamber or House of Elders).

The Composition of Rajya Sabha

The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president.

At present, the Rajya Sabha has 245 members. Of these, 229 members represent the states, 4 members represent the union territories and 12 members are nominated by the president.

The Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories.

The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies. The seats are allotted to the states in the Rajya Sabha on the basis of population.

The Composition of Lok Sabha

The maximum strength of the Lok Sabha is fixed at 552. Out of this, 530 members are to be the representatives of the states, 20 members are to be the representatives of the union territories and 2 members may be nominated by the president from the Anglo-Indian community.

At present, the Lok Sabha has 545 members.

The representatives of states in the Lok Sabha are directly elected by the people from their respective constituencies.

The voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.

Duration of the two Houses of Parliament

The Rajya Sabha is a permanent body and not subject to dissolution. However, one-third of its members retire every second year. The retiring members are eligible for re-election and re-nomination any number of times.

Unlike the Rajya Sabha, the Lok Sabha is not a continuing chamber. Its normal term is five years from the date of its first meeting after the general elections, after which it automatically dissolves.

Qualification, disqualifications etc. to be an MP

Eligibility

      (a) Citizen of India.
      (b) Minimum age – 30 years in Rajya Sabha and 25 years in Lok Sabha.
      (c) He must possess other qualifications prescribed by Parliament. (Hence, the Representation of People Act, 1951).

For being disqualified for being elected as an MP:

      (a) If he holds any office of profit under the Union or state government
      (b) If he is of unsound mind and stands so declared by a court.
      (c) If he is an undischarged insolvent.
      (d) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state; and
      (e) If he is so disqualified under any law made by Parliament (RPA, 1951).

The Constitution also lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule.

Double Membership - A person cannot be a member of both Houses of Parliament at the same time.

A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission.

The Speaker of the Lok Sabha

The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting). The date of election of the Speaker is fixed by the President.

The Speaker offers his resignation to the Deputy Speaker and he can be removed by a resolution passed by a majority of members of Lok Sabha, however, only after giving him a 14-day notice.

He presides over a joint sitting of the two Houses of Parliament. Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.

He decides whether a bill is a money bill or not and his decision on this question is final.

He can’t vote in the first instance, though can vote in the event of a tie. When his removal motion is under consideration, he can take part and speak in the proceedings and can vote as well but not in the case of a tie. He can’t preside in that case. However, his motion can be passed by an absolute majority only and can be considered only if it has the support of at least 50 members.

G.V Mavalankar was the first Speaker of Lok Sabha.

The longest serving Speaker of Lok Sabha so far has been Balram Jakhar.

NOTE – There’s also a post known as Speaker Pro Tem, appointed by the President himself. He is usually the oldest member of the last Lok Sabha and he presides over the first session of the incoming Lok Sabha. President administers him the oath.

The Deputy Speaker of the Lok Sabha

Like the Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.

The date of election of the Deputy Speaker is fixed by the Speaker. The removal process is same as that of a speaker and he offers his resignation to the Speaker of the Lok Sabha.

Madabhushi Ananthasayanam Ayyangar was the first Deputy Speaker of Lok Sabha.

He presides over the joint sitting in case of absence of the Speaker.

Sessions of Parliament

A ‘session’ of Parliament is the period spanning between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha). The time period between the prorogation of a House and its reassembly in a new session is called ‘Recess’. There are usually three sessions. The budget session is the longest and winter is the shortest.

The Budget Session (February to May);

The Monsoon Session (July to September); and

The Winter Session (November to December).

Important parliamentary terms, points, motions, bills, questions and Committees

The maximum gap between two sessions of Parliament cannot be more than six months.

The President summons and prorogues the two houses of parliament.

Quorum is the minimum number of members required to be present in the House before transaction of any business. It is one-tenth of the total number of members in each House including the presiding officer. It means that there must be at least 55 members present in the Lok Sabha and 25 in the Rajya Sabha.

Every minister and the attorney general of India have the right to speak and take part in the proceedings of either House, any joint sitting of both the Houses and any committee of Parliament of which he is a member, without being entitled to vote.

Lame-Duck session refers to the last session of the existing Lok Sabha after a new Lok Sabha has been elected.

Question Hour is the first hour of every parliamentary sitting.

A starred question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow.

An unstarred question, on the other hand, requires a written answer and hence, supplementary questions cannot follow.

A short notice question is one that is asked by giving a notice of fewer than ten days. It is answered orally.

The zero hour starts immediately after the question hour and lasts until the agenda for the day (that is, regular business of the House) is taken up. In other words, the time gap between the question hour and the agenda is known as zero hour. It is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962.

Adjournment Motion It is introduced in the Parliament to draw the attention of the House to a definite matter of urgent public importance and needs the support of 50 members to be admitted. Rajya Sabha isn’t permitted to make use of this device and the discussion should last for not less than two hours and thirty minutes.

No-Confidence Motion Article 75 of the Constitution says that the council of ministers shall be collectively responsible to the Lok Sabha. It means that the ministry stays in office so long as it enjoys the confidence of the majority of the members of the Lok Sabha. In other words, the Lok Sabha can remove the ministry from office by passing a no-confidence motion. The motion needs the support of 50 members to be admitted.

A bill is a proposal for legislation and it becomes an act or law when duly enacted. It could be classified as a private member bill or a public bill. A public bill is the one introduced by any minister and a private bill is the one which is otherwise.

Bills can be ordinary, money or financial and constitutional amendment bills. Money bills are the ones which are concerned with taxation, money matters which are specifically mentioned in article 110. Financial bill is also concerned with such matters though with slight differences and is mention in articles 117(1) and 117(3). Constitution amendment bills, which are concerned with the amendment of the provisions of the Constitution.

The Rajya Sabha cannot reject or amend a money bill. It can only make the recommendations. It must return the bill to the Lok Sabha within 14 days, either with or without recommendations. The decision of the speaker is final in deciding a bill is money bill or not. Also, every such bill is deemed to be a public bill.

The provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills. In the case of a money bill, the Lok Sabha has overriding powers, while a Constitutional amendment bill must be passed by each House separately.

The term ‘budget’ has nowhere been used in the Constitution. It is the popular name for the ‘annual financial statement’ that has been dealt with in Article 112 of the Constitution.

The Railway Budget was separated from the General Budget in 1921 on the recommendations of the Acworth Committee. From the year 2017, the railway budget and the main financial budget were again merged and in 2017.

Consolidated Fund of India - It is a fund to which all receipts are credited and all payments are debited. In other words, (a) all revenues received by the Government of India; (b) all loans raised by the Government by the issue of treasury bills, loans or ways and means of advances; and (c) all money received by the government in repayment of loans forms the Consolidated Fund of India. Mentioned in article 266.

Public Account of India - All other public money (other than those which are credited to the Consolidated Fund of India) received by or on behalf of the Government of India shall be credited to the Public Account of India.

Contingency Fund of India - The Constitution authorised the Parliament to establish a ‘Contingency Fund of India’, into which amounts determined by law are paid from time to time. Accordingly, the Parliament enacted the contingency fund of India Act in 1950. This fund is placed at the disposal of the president, and he can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament.

Public Accounts Committee - It consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). Term of members – 1 year. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed by the Speaker from amongst its members. Until 1966–67, the chairman of the committee belonged to the ruling party. However, since 1967 a convention has developed whereby the chairman of the committee is selected invariably from the Opposition. The function of the committee is to examine the annual audit reports of the Comptroller and auditor general of India (CAG), which are laid before the Parliament by the president.

Estimates Committee – The largest committee of the Parliament. The term of office is one year. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed by the Speaker from amongst its members and he is invariably from the ruling party.

Committee on Public Undertakings – The term of office of the members is one year. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed by the Speaker from amongst its members who are drawn from the Lok Sabha only.

Overview, Brief History, and Development Of Indian Constitution

The British administration can broadly be divided into two phases, that is

The Company Administration (1773-1857)

The Crown Administration (1858-1947)

The following are the important Acts, regulations and developments which eventually led to the development of the present-day Indian polity.

The Company Administration

Regulating Act - 1773

(1) The post of 'GOVERNOR' was now made 'GOVERNOR-GENERAL' and Bengal was the first province to have Warren Hastings as the first Governor-General. He was assisted by an executive council of four members.
(2) The Supreme Court at Calcutta was established with one chief justice and three other judges. Sir Elijah Impey was the Chief Justice.

Pitt’s India Act – 1784

(1) Created another body- ‘BOARD OF CONTROL’ to manage political affairs in India. COURT OF DIRECTORS kept on managing commercial affairs though.
(2) Thus, companies’ possessions were for the first time called ‘British possessions in India’ and the commercial wing was headed by the court of directors and political wing headed by the board of control.
(3) The Act was introduced by the then British Prime Minister William Pitt.

Charter Act – 1813: Ended the monopoly of the trading rights of British East India Company and allowed other companies to participate in trading activities with India.

Charter Act – 1833

(1) Created the post of ‘GOVERNOR GENERAL OF INDIA’ in place of Governor-General of Bengal. The presidencies of Madras and Bombay were taken away with their respective legislative powers and were made subordinate to the Presidency of Calcutta. William Bentick was the first Governor-General of India.
(2) This act completely ended the commercial activities of the company. The company existed but it became a purely administrative and a political organization.

Charter Act – 1853

(1) Established a separate Governor General’s Legislative council.
(2) Introduced and open system of competition for Indians into Civil Services. Macaulay committee was formed (1854) for this purpose. Satyendra Nath Tagore became the first Indian to qualify that service in 1863.
(3) NOTE – Father of Civil Services in India – Lord Charles Cornwallis because of his efforts to modernize civil services in India.

The Crown Administration

Government of India Act of 1858

(1) Also known as Act for Good Government of India.
(2) Abolished the British East India Company. Abolished the Mughal administration as well.
(3) Abolished the Governor General’s post and created a new post Viceroy. Lord Canning became the first Viceroy of India.
(4) Also created a new office – Secretary-of-State for India and a 15-member council to assist him. He was a member of British parliament.

Indian Councils Act 1861

(1) Expanded the viceroy’s executive council. Made provisions for him to nominate some Indians as non-official members. Lord Canning nominated the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
(2) New Legislative councils for Bengal (1862), North Western Frontier Province (1866) and Punjab (1897) were established.

Indian Councils Act 1892

(1) Power of discussing the budget was given to the legislative council in the then India.
(2) Expanded the councils and some members could be nominated to both Central as well as Provincial Legislative Councils.

Indian Councils Act 1909

(1) Also known as Morley-Minto reforms.
(2) The number of members in the Central Legislative council was increased from 16 to 60.
(3) Satyendra Prasad Sinha became the first Indian to be nominated as a law member to the Viceroy’s Executive Council.
(4) The communal electorate was introduced. Muslims were given separate representation to elect their representatives. Hence, Minto is also referred to as ‘Father of Communal Electorate’.

Government of India Act 1919

(1) Also called as Montague-Chelmsford reforms and it came into effect in 1921.
(2) Central and provincial subjects or lists were introduced where they could frame laws in their respective lists. Provincial subjects were further divided into transferred and reserved. Thus, this act introduced diarchy.
(3) Introduced Bicameralism and direct elections.

Government of India Act 1935

(1) Provided for the establishment of an All-India Federation with provinces and princely states as units. The Federation never came into being as princely states did not join it.
(2) Abolished diarchy in the provinces and introduced ‘provincial autonomy’ in its place. But in centre, it introduced diarchy; however that never came into being.
(3) Introduced bicameralism in provinces as well extended separate electorates to depressed classes as well.
(4) Established RBI and a federal court at the centre.

Indian Independence Act 1947

(1) Partition Plan or the Mountbatten Plan (3^rd June 1947) was to give effect to partition of the country and Atlee’s declaration (20^th February 1947) to provide independence to the Nation.
(2) Created two independent dominions of India and Pakistan, ended British rule and authorised the two independent Nations’ constituent assemblies to frame their respective constitutions.
(3) The Indian independence bill got the royal assent on 18^th July 1947.

Important Points to Remember about Constituent Assembly of India

The idea for a Constituent Assembly for drafting a constitution for India was first provided by Bal Gangadhar Tilak in 1895. In 1934, the demand for a constituent assembly was raised for the first time, which later became an Official Demand in 1935. This demand was accepted in August 1940 offer by the British.

The constituent assembly was formed on the recommendation of the Cabinet Mission which visited India in 1946

The first meeting of Constituent Assembly was held on December 9, 1946— its temporary president was Dr  Sacchidanand Sinha

The second meeting was held on December 11, 1946. Its president was Dr Rajendra Prasad.

The Objectives Resolution was passed under the chairmanship of J.L. Nehru.on 13 December 1946.

The Draft of Indian Constitution was presented in October 1947. President of the Drafting Committee was Bhim Rao Ambedkar

The total time consumed to prepare the draft was 2 years, 11 months, 18 days.

The Constituent Assembly was the First Parliament of Independent India.

The Indian Constitution was enacted on November 26, 1949, and put into force on January 26, 1950.

On that day, the Constituent Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in 1952

Functions performed by Constituent Assembly

Enacting of ordinary laws

Adopted national flag- 22-07-1947

Adopted national anthem- 24-01-1950

Adopted national song- 24-01-1950

Elected Dr Rajendra Prasad first President of India: 26-01-1950

 Facts about the constituent assembly

Had 11 sessions over 2 years, 11 months and 18 days

Constitution makers visited 60 countries.

Total expenditure - Rs 64 lakh

Major Committees

Union Powers Committee - Jawaharlal Nehru

Union Constitution Committee - Jawaharlal Nehru

Provincial Constitution Committee - Sardar Patel

Drafting Committee - Dr. B.R. Ambedkar

Advisory Committee on Fundamental Rights and Minorities - Sardar Patel

This committee had Two sub-committees:

(a) Fundamental Rights Sub-Committee - J.B. Kripalani

(b) Minorities Sub-Committee - H.C. Mukherjee

Rules of Procedure Committee - Dr. Rajendra Prasad

States Committee (Committee for Negotiating with States) - Jawaharlal Nehru

Steering Committee - Dr. Rajendra Prasad

All About the constitution of India

India is a federal union of states comprising 29 states and 7 union territories and possesses double of governments, one at the centre and one each in the states and Union Territories. The states and union territories are further subdivided into districts and further into smaller administrative divisions.

The constitution of India was adopted and enacted by the constituent Assembly of India on November 26, 1949 and it came into force in January 26, 1950. It is a written constitution. The following are the salient features of the constitution of India.

One of the distinctive features of the constitution of India is its It is the most lengthy and detailed constitutional document any country has so far adopted. The original constitution contained as many as 395 Articles and 12 Schedules, to which additions have been made by sub-sequent amendments.

It lies down that India is a Sovereign Socialist Democratic Republic with a parliamentary form of government based Universal Adult Franchise.

It is partly federal and partly

It offers seven broad categories of Fundamental Rights.

Like all other constitutions, Indian Constitution incorporates a preamble which embodies the resolved of the people of India to secure for all its citizens: social, economic and political justice; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the nation. The preamble does not constitute an integral part of the constitution.

It declares India a Secular State.

It gives a single common citizenship to all irrespective of religion, caste, color, creed or sex.

It is partly rigid and partly flexible.

It includes a chapter on Directive Principles of State Policy (DPSP).

It declares Hindi to be the official language of the nation.

All the subjects of administration have been divided between the Union Government and the State Governments. There are three lists: (1) Union List which contains items of exclusive jurisdiction of Indian Parliament,

(ii) State List, which contains items of jurisdiction of State Legislatures, and

(iii) Concurrent List, which contains such items upon which both the parliament and the State Legislatures can make law concurrently. The residuary powers are vested in the Centre.

Constituent Assembly

Some of the important members included in the Constituent Assembly were: Jawahar Lal Nehru, Sardar Patel, Rajendra Prasad, Rajagopalachari, Maulana Azad, Govind Vallabh Pant, K.M. Munshi, Acharya Kripalani, Krishnamachari, etc. The non-Congress members included Shyama Prasad Mukherji, H.N. Kunzru, Dr. Ambedkar, Radhakrishnan, M.R. Jayakar, Gopalaswami Ayengar, Bakshi Tek Chand, T.K. Shah, etc. The Indian womanhood was represented by Sarojini Naidu, Hansa Mehta and Durgabai Deshmukh. The composition of the Constituent Assembly thus represented an amalgam of seasoned administrators, first-rate statesmen, leading lawyers and reputed scholars.

Preamble

A preamble to the Constituent normally expresses the political, moral, economic and religious values which the Constituent is intended to promote. It does not constitute an integral part of the Constitution. But whenever the Constitution is ambiguous and not clear, interpretation of Constitution is based on the spirit of the preamble.

The preamble to the Constitution of India, as amended under the 42^nd Constitution Amendment Act, reads as under:

WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social economic and political;

LIBERTY of thought, expression, faith, belief and worship;

EQUALITY of status and of opportunity and to promote among them all FRATERNITY assuring the dignity of the individual, and the unity and integrity of the nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

The Union and Its Territory

India, that is “Bharat”, is variously called the Republic of India, the Union of India, the Indian Union. It is made up of 29 States, 1 National Capital Territory (Delhi) and 7 Union Territories, with President as the head of the Union, Governor Government of the States and Lt. Governor/Chief Commissioners/Administrators of the Union Territories which are as follows :

States

Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Kerala, Jammu and Kashmir, Karnataka, Maharashtra, Madhya Pradesh, Meghalaya, Manipur, Nagaland, Orissa, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal, Arunachal Pradesh, Mizoram, Goa, Chhattisgarh, Uttaranchal Jharkhand and Telangana.

Union Territories

Andaman and Nicobar Islands, Chandigarh, Dadar & Nagar Haveli, Delhi, Daman and Diu Lakshadweep, Pondicherry.

The Parliament may by passing a law admit into the Union, or establish, new states. It is empowered to form new states, to decrease or increase the area of any state, to alter the name or the boundaries of a State (“State” includes a Union Territory).

The President of India in the Indian Constitution

There shall be a President of India as per Article 52; President of India is the executive head of the Union of India.

President of India is also the Supreme Commanderof the Defense Forces.

Office of the President of India is Rashtrapati Bhavan

Qualifications to become the President (Article 58) 

A Candidate for the office of the President should have the following qualifications-

He should be an Indian citizen.

He should not be less than 35 years of age.

He should have qualifications for elections as a member of the House of the people.

He should not be holding any office of profit under any government for local body.

He should not be a member of Parliament or any State Legislature. A government servant or a servant of a local authority is, however, ineligible for election as President.

Election of the President (Article 54, 55) 

The election of the President is made by secret ballot in accordance with the system of proportional representation by a single transferable vote i.e., by indirect direction.

The President is thus elected by an electoral college consisting of elected members of:-

(a) The elected members of both the Houses of the Parliament, and

(b) Elected members of the Legislative Assembly of the States. (Elected members of the Legislative Council, however, do not constitute the Electoral College for election of the President of India.)

Note: The Chief Minister of a State of India is NOT eligible to vote in the Presidential election if he is a member of Upper House of the State Legislature).

Tenure

Elected for five years but is eligible for immediate re-election and can serve any number of terms.

Emoluments: 150000

Oath of office 

The oath of office by the President of India is conducted by the Chief Justice of India.

The President can be removed from office if he goes against the Constitution

When he does that, not less than one-fourth of the total membership of both the Houses of Parliament can give 14 days’ notice that they propose bringing a motion of “impeachment” (Article 61) against the President. He may be removed from office for violation of the Constitution by impeachment (Article 61).

The motion can be introduced in either House i.e., in the Lok Sabha or in the Rajya Sabha.

If a two-thirds majority of the total membership of the Parliament votes that the charges against the President stand proved.

Powers of the President with respect to Parliament

The President can summon, prorogue, address and send messages to the two Houses of Parliament.

He gives assent to bills passed by the Parliament.

He can issue ordinances when Parliament is not in session.

He can declare a state of emergency arising due to war, external aggression, internal disturbances, and failure of constitutional machinery in any State or threat to the financial stability or credit of India. Indian Parliament can invade the State List if-

(a) a subject in the State List assumes national importance, and

(b) a proclamation of emergency has been issued by the President of India.

 Powers:

 (i) Executive and Administrative Powers 

He appoints the senior officials of the state including the Prime Minister.

All Union Territories are under the President of India.

(ii) Legislative Powers 

Appoints 12 members to the Rajya Sabha and two Anglo-Indian members to the Lok Sabha.

Dissolves the House of People.

Assents or withholds his assent to any Bill passed by the Parliament; Issues ordinances.

(iii) Financial Powers 

Causes the budget to be laid before the Parliament; (Article 112)

Sanctions introduction of money bills

Apportions revenue between the Centre and the States.

 (iv) Judicial Powers 

He appoints the Chief Justice and the Judges of the Supreme Court and Zonal High Courts.

He can seek advice from the Supreme Court on any question of Law of fact (Article 143).

Empowered to grant pardons, reprieve, remit the sentences, or suspend, remit or commute punishments.

(v) Emergency Powers 

(a) National Emergency

Article 352 empowers the President to proclaim an emergency and take under his direct charge the administration of any State.

The President cannot be questioned by any court for the action taken by him in the discharge of his duties. No criminal proceedings can be launched against him.

(b) State Emergency (Article 356)

It can be proclaimed by the President on the failure of Constitutional machinery in the State.

The Proclamation of the President’s rule should be approved by the Parliament within two months.

If approved, it remains in force for six months from the date of Proclamation of the State Emergency.

It can be extended for a maximum period of three years with the approval of the Parliament every six months.

(c) Financial Emergency 

Under article 360 if he is satisfied that the financial stability or credit of India or any part thereof is threatened.

Approved by the Parliament within two months.

Qualifications for being a member of Lok Sabha

Lok Sabha is composed of representatives of the people chosen by direct election on the basis of the adult suffrage. The maximum strength of the House envisaged by the constitution is 552, which made up by election up to 530 members to represent the States, up to 20 members to represent the Union Territories and not more than two members of Anglo- Indian Community to be nominated by the Hon’ble President, if, in his/her opinion, that community is not adequately represented in the House.  The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the Population of the State is, so far as practicable, the same for all States.

Qualifications for being a member of Lok Sabha

The qualifying age for membership of Lok Sabha is25 years.

He / She should be a citizen of India.

He/ She possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

He / She should not be proclaimed criminal i.e. they should not be a convict, a confirmed debtor or otherwise disqualified by law.

He / She should have his/ her name in the electoral rolls in any part of the country.

However, a member can be disqualified for being a member of Parliament:

If he/ she holds the office of profit

If he/she is of unsound mind and stands so declared by the competent court

If he/ she is not a citizen of India, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement of allegiance or adherence to a foreign state

If he/ she is violating party discipline

Lok Sabha, unless sooner dissolved, continues for five years from the date appointed for its first meeting and the expiration of the period of five years operated as the dissolution of the House. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not extending, in any case, beyond a period of six months after the proclamation has ceased to operate.

Lok Sabha elects one of its own members as its Presiding Officer and he is called the Speaker. He is assisted by the Deputy Speaker who is also elected by Lok Sabha. The conduct of business in Lok Sabha is the responsibility of the Speaker.

Prime Minister & its Council of Ministers

In the Parliamentary system of Government, the Prime minister is the real executive (de facto executive) and head of the government. Since 1947, India has had 14 Prime ministers.

Appointment: The Constitution does not contain any specific procedure on the appointment procedure of the Prime minister. The Prime Minister is usually the leader of the party or alliance that has a majority in the Lok Sabha, the lower house of India's Parliament. The Prime minister is sworn in by the President of India. The President administers the Oath of Office and Oath of Secrecy to the Prime Minister.

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.

The President has discretionary powers when no party commands a majority in the lower house or when a Prime minister in office dies suddenly and there is no obvious successor.

The President may appoint a person as the Prime Minister and then ask him to prove his majority in the Lower House (Lok Sabha) within a reasonable period. Also, a person who is not a member of both houses may be appointed as the Prime minister for six months, within which he should become a member of either house of Parliament.
Note: Minimum age for becoming a prime minister is 25 years.

There is no restriction on the Prime minister to be only from the lower house like in the United Kingdom’s Parliamentary system. Prime minister can also be the member of Rajya Sabha.

The Prime Minister holds office on the Pleasure of the President. He must resign if he loses the majority in the lower house. This means that the term of the Prime minister is not fixed. Also, his salary and allowances are determined by the Parliament.

Power and Functions

He is the head of Union Council of Ministers. The resignation or death of an incumbent Prime Minister automatically dissolves the Council of Ministers.

He is the principal channel of communication between the President and the Council of Ministers

The Prime Minister automatically becomes the leader of the House to which he belongs

He is the Chairman of NITI Aayog, Inter-state Council, Cabinet committees etc

Role Descriptions

Primus inter pares – first among the equals

Inter stellas luna minores – a moon among lesser stars

Council of Ministers

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. The advice is binding on the President. Though the President may recommend reconsidering such advice tendered, the reconsidered advice is binding on the President. This provision was added by the 42^nd and 44^th Amendment Acts.

Article 75: 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.

Principle of Collective Responsibility: The Council of Ministers shall be collectively responsible to the Lok Sabha. When a no-confidence motion was passed in the Lok Sabha, the Council of Minister resigns in totality irrespective of their membership to Rajya Sabha. They work as a team and swim or sink together. The Cabinet decision is binding on all Cabinet ministers even if they differed in the Cabinet meeting.

Principle of Individual Responsibility: this means that the Council of Ministers can hold office during the pleasure of the President. The President can dismiss them on the advice of the Prime Minister. The individual responsibility is essential to ensure the rule of Collective Responsibility.

Legal responsibility: There is no system of legal responsibility in India unlike in the United Kingdom. It is not required that an order of the President for a public act should be countersigned by a minister.

The Oath of Office and Secrecy are administered to the Ministers by the President. Their salary, allowance etc are determined by the Parliament from time to time.

The Council of Ministers holds the office on the pleasure of the President. They may be removed from their office at any time by the President on the advice of the Prime Minister.

The maximum strength of Council of Ministers is fixed at 15% of the total number of members of the House of People. This was added by the 91^stAmendment Act of 2003.

Any minister may participate in the proceedings of the house to which he/she may not be a member. In such cases, the minister shall not have the power to participate in the voting process. A minister shall also have the right to speak and take part in the proceedings of any Committee of the Parliament or in the Joint sitting sessions.

A person who is not a member of both houses may be appointed as a Minister for six months, within which he should become a member of either house of Parliament.

Caretaker Government: The Supreme Court had mandated that ‘even after the dissolution of the Lok Sabha, the Council of Ministers does not cease to hold office since the President cannot exercise any executive powers without the aid and advice of the Council of Ministers’.

Composition of the Council of Ministers

Cabinet Ministers: Highest decision-making body advising the President on various issues. They hold important portfolios and attend the Cabinet meeting. The word ‘Cabinet’ is mentioned in Article 352 of the Constitution added through the 44^th Amendment act and is defined as ‘the council consisting of the Prime minister and other ministers of cabinet rank appointed under Article 75’.

Ministers of State: They are in-charge of independent departments of a ministry or appointed to assist the Cabinet ministers. They are not members of the Cabinet and do not attend its meetings unless invited.

Deputy Ministers: they are not given independent charge and are appointed to assist the Cabinet ministers or Ministers of State

Parliamentary Secretaries: they are attached to senior ministers to assist them in their Parliamentary duties.

All about the Directive Principles of the State Policy

Principles of the State Policy

1. They have been mentioned in Part-4 and cover articles from 36-51 of the Constitution of India.
2. Called as Novel Features of the Constitution.
3. Inspired by the Irish constitution.
4. Similar to the Instruments of Instructions mentioned in the Government of India Act, 1935.
5. Together with fundamental rights they are termed as the conscience of the constitution.
6. ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
7. The DPSPs constitute a very comprehensive economic, social and political programme for a modern democratic State. They aim at realizing the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution. They embody the concept of a ‘welfare state’.
8. The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement them. Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
9. Some Important Articles in DPSPs are :

To promote the welfare of the people by securing a social order permeated by justice— social, economic and political—and to minimise inequalities in income, status, facilities and opportunities (Article 38).

To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material resources of the community for the common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and children against forcible abuse; and (f) opportunities for healthy development of children (Article 39).

To promote equal justice and to provide free legal aid to the poor (Article 39 A). This was added by 42^ndconstitutional amendment act, 1976.

To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41).

To make provision for just and humane conditions for work and maternity relief (Article 42).

To take steps to secure the participation of workers in the management of industries (Article 43 A). Also added by 42^nd constitutional amendment act, 1976.

To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government (Article 40).

To promote cottage industries on an individual or co-operation basis in rural areas (Article 43).

To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47).

To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds (Article 48).

To secure for all citizens a uniform civil code throughout the country (Article 44).

To provide early childhood care and education for all children until they complete the age of six years (Article 45). Also, amended by 86^th constitutional amendment act, 2002.

To separate the judiciary from the executive in the public services of the State (Article 50).

To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration (Article 51).

10. The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.
11. The 97th Amendment Act of 2011 added a new Directive Principle relating to co-operative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).
12. The DPSPs are instructions to the State.