Unit-2 : Indian Parliament

Indian Parliament

Que 1. Explain Indian parliament composition and powers.

• The Indian Parliament is an expression of the faith that the people of India have in principles of democracy.
• These are participation by people in the decision-making process and government by consent.
• The parliament in our system has immense powers because it is the representative of the people.
• Elections to the Parliament are held in a similar manner as they are for the state legislature.
• The union legislature in the Indian Constitution is called parliament.
• The parliament of India (Sansad) is the supreme law-making institution.
• Parliament of India consists of three organs the President and two houses of the parliament. The two houses of parliament are known as Rajya Sabha (the council of states) and Lok Sabha (the house of the people).
• The Indian Parliament is considered as a bicameral structure.

Indian Parliament consists of:-

1. Lok Sabha
2. Rajya Sabha
3. President

1. Lok Sabha:

• Lok Sabha is the first chamber of the parliament and represents the people of India as a whole.
• The members elected by universal adult suffrage are part of Lok Sabha.
• Lok Sabha represents the house of people and the lower house.
• Lok Sabha represents the Indian people.
• Members of Lok Sabha are directly elected by the people.

Maximum strength of the House is 552 members –

• 530 members to represent the States
• 20 members to represent the Union Territories
• 2 members to be nominated by the President from the Anglo-Indian Community.

• At present, the strength of the House is 543.
• Lok Sabha is not a permanent body
• President can dissolve the Lok Sabha

Qualification for Lok Sabha Member:

• He/She must be a citizen of India.
• He/She must be at least 25-year-old
• He/She must be the name in voter ID
• Not current employee of government body
• He/She don’t have any criminal record

Powers of Lok Sabha:

1. Legislative Power:

• The House of People also known as Lok Sabha has vast legislative powers.
• It can make any law along with the Rajya Sabha in Union and Concurrent Lists.
• When a bill is introduced and passed by the Lok Sabha, it is sent to the Rajya Sabha.
• After it has secured the approval of Rajya Sabha, it goes to the President for his signature. After this it becomes a law.
• In case of disagreement between the two Houses, the President may summon a joint sitting of both the houses, and the issue is removed by a majority of total members of both the houses present and voting

2. Financial Power:

• The Lok Sabha has the exclusive financial powers.
• All the financial bills are initiated in the Lok ‘Sabha’ and not in the Rajya Sabha.
• A money bill-passed by the Lower House is sent to the Upper House, which must be returned within 14 days
• In case of any dispute as to whether a particular bill is a money bill or not, the Speaker of the Lok Sabha gives the decision.
• His decision is final and it cannot be challenged in any court or even in the Rajya Sabha or the Lok Sabha.

3. Judicial Power :

• It can impeach the President if he/she violates the Constitution.
• It can recommend the removal of all the judges in the Supreme Court, High Court (including the Chief Justice) and even other major officers of the government.

4. Amendment Powers :

• It has the power to make amendments in the Constitution.
• Though for this purpose a special majority is required in both the houses of the Parliament it is still seen that the Lok Sabha has more power than the Rajya Sabha.

Functions of Lok Sabha:

• Approval of the ordinances issued by the President.
• Change of the boundaries of the states, creation of new states and change in the name of any state.
• Changes in the jurisdiction of the Supreme Court and the High Courts.
• Changes the qualifications of the members of the Parliament and State Legislatures.
• Revising the salary and allowances of the members of Parliament.
• The setting up of Joint Public Service Commission for two or more states.
• Passing of a resolution for abolishing or creating the upper chamber of a state legislature,
• Approval of a Declaration of Emergency.

2. Rajya Sabha:

• Rajya Sabha is the second chamber of the Indian Parliament and represents the states and union territories of the nation.
• It is empowered to protect the interests of the states and union territories if there is an interference by the center in their work.
• Rajya Sabha represents the council of states and the upper house
• Rajya Sabha represents the union territories and states
• Member of Rajya Sabha elected by elected member of state legislative assemlies
• Rajya Sabha is permanent body
• It is not subjected to dissolution

Maximum strength of the House is 250 members :

• 238 members elected as the state representative
• 12 member nominated by president
• 1/3 member of Rajya Sabha retire every 2nd year
• At present the strength of house is 245

Qualification for Rajya Sabha member: –

• He/She must be a citizen of India.
• He/She must be at least 30-year-old
• He/She must be the name in voter ID
• Not current employee of government body
• He/She don’t have any criminal record

Powers of Rajya Sabha:

1. Legislative Powers:

• In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok Sabha.
• An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it.
• In case of a deadlock between the two Houses of Indian Parliament over an ordinary bill and if it remains unresolved for six months, the President can convene a joint sitting of the two Houses for resolving the deadlock.
• This joint sitting is presided over by the Speaker of the Lok Sabha. If the bill is passed in the joint sitting, it is sent to the President for his signatures. But if the deadlock is not resolved, the bill is deemed to have been killed.

2. Financial Powers:

• In the financial sphere, the Rajya Sabha is a weak House.
• A money bill cannot be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha.
• A money bill passed by the Lok Sabha comes before the Rajya Sabha for its consideration.
• If the Rajya Sabha proposes some amendments and the bill is returned to the Lok Sabha, it depends upon the Lok Sabha to accept or reject the proposed amendments.

3. Judicial Powers:

• The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of violation of the Constitution.
• The Rajya Sabha can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court.
• The charges against the Vice-President can be leveled only in the Rajya Sabha.

4. Amendment Powers:

• Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with 2/3 majority in each House.

Functions of Rajya Sabha

• Approval of the ordinances issued by the President
• Change of the boundaries of the states, creation of new states and change in the name of any state.
• Changes in the jurisdiction of the Supreme Court and the High Courts.
• Changes the qualifications of the members of the Indian Parliament and State Legislatures.
• Revising the salary and allowances of the members of Indian Parliament.
• The setting up of Joint Public Service Commission for two or more states.
• Passing of a resolution for abolishing or creating the upper chamber of a state legislature,
• Approval of a Declaration of Emergency.

• He/She must be a citizen of India.
• He/She must be at least 35-year-old
• He/She must be the name in voter ID
• Not current employee of government body
• He/She don’t have any criminal record

3. President:

• The Indian President is the head of the state.
• He is the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation.
• He is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.
• The president is the head of government.
• Executive Power of the union is towards President.
• Time Period of President is 5 years.
• Chief Justice of India gives oath to president and in his absence senior most Judge of Supreme Court do this work.

Qualification for President:-

• He/She must be a citizen of India.
• He/She must be at least 35-year-old
• He/She must be the name in voter ID
• Not current employee of government body
• He/She don’t have any criminal record

Power of President:

1. Legislative Powers of President
2. Financial Powers of President
3. judicial Powers of President
4. Diplomatic Powers of President
5. Military Powers of President
6. Emergency Powers of President
7. Pardoning Powers
8. Executive Powers

1. Legislative Power of President:

• He summons or prorogues Indian Parliament and dissolve the Lok Sabha
• He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
• He addresses the Indian Parliament at the commencement of the first session after every general election
• He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant (to know the difference between Lok Sabha and Rajya Sabha check the linked article.)
• He nominates 12 members of the Rajya Sabha
• He can nominate two members to the Lok Sabha from the Anglo-Indian Community
• He consults the Election Commission of India on questions of disqualifications of MPs.
• He recommends/ permits the introduction of certain types of bills (to read on how a bill is passed in the Indian Parliament, check the linked article.)
• He promulgates ordinances

2. Financial Powers of President:

• To introduce the money bill, his prior recommendation is a must
• He causes Union Budget to be laid before the Parliament
• To make a demand for grants, his recommendation is a pre-requisite
• Contingency Fund of India is under his control
• He constitutes the Finance Commission every five years

3. judicial Powers of President:

• He can appoint Chief justice of India and other judges of supreme court.
• He can take the advice form supreme court related to any law.
• He has pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence.

4. Diplomatic Powers

• International treaties and agreements are signed by President.
• President sends and gives Ambassadors and diplomatic representatives.
• International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name
• He is the representative of India in international forums and affairs

5. Military Powers of President

He is the commander of the defense forces of India. He appoints:

• Chief of the Army
• Chief of the Navy
• Chief of the Air Force

6. Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)
2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)

7. Pardoning Powers

• President has power to grant pardon, Commutation, Remission, Respite and Reprieve of punishment.
• Commutation Means exchange of one thing to another. substitution of one form of punishment for another of lighter character.
• Remission means reduction of the amount of sentence without changing its character ex. sentence of one year may be remitted to six months.
• Respite means awarding a lesser punishment on some special grounds ex. Pregnancy of woman offender.
• Reprieve means temporary suspension of death sentence

8. Executive Powers

• Appoints PM, CAG, CJI, other ministers etc.
• President can take administration related details from Prime minister.

Functions of President

• The President is the Supreme Commander of the defence forces of India.
• The President appoints the Chief Justice of India, judges of the Supreme Court and the High Courts.
• All international treaties, declarations and agreements are made in the name of the President.
• The President does not assign work to the Prime Minister.
• The President also appoints the Governors of States, Chief Election Commissioner and other important officers.
• The President is the commander-in- chief of the armed forces. Decisions regarding war and peace are made by the President.
• Make treaties with the approval of the Senate.
• Veto bills and sign bills.
• Represent our nation in talks with foreign countries.
• Enforce the laws that Congress passes.
• Act as Commander-in-Chief during a war.

Que 2. Discuss Powers and Election of President of India.

President:

• The Indian President is the head of the state.
• He is the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation.
• He is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.
• The president is the head of government.
• Executive Power of the union is towards President.
• Time Period of President is 5 years.
• Chief Justice of India gives oath to president and in his absence senior most Judge of Supreme Court do this work.

Qualification for President:-

• He/She must be a citizen of India.
• He/She must be at least 35-year-old
• He/She must be the name in voter ID
• Not current employee of government body
• He/She don’t have any criminal record

Power of President:

1. Legislative Powers of President
2. Financial Powers of President
3. judicial Powers of President
4. Diplomatic Powers of President
5. Military Powers of President
6. Emergency Powers of President
7. Pardoning Powers
8. Executive Powers

1. Legislative Power of President:

• He summons or prorogues Indian Parliament and dissolve the Lok Sabha
• He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
• He addresses the Indian Parliament at the commencement of the first session after every general election
• He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant (to know the difference between Lok Sabha and Rajya Sabha check the linked article.)
• He nominates 12 members of the Rajya Sabha
• He can nominate two members to the Lok Sabha from the Anglo-Indian Community
• He consults the Election Commission of India on questions of disqualifications of MPs.
• He recommends/ permits the introduction of certain types of bills (to read on how a bill is passed in the Indian Parliament, check the linked article.)
• He promulgates ordinances

2. Financial Powers of President:

• To introduce the money bill, his prior recommendation is a must
• He causes Union Budget to be laid before the Parliament
• To make a demand for grants, his recommendation is a pre-requisite
• Contingency Fund of India is under his control
• He constitutes the Finance Commission every five years

3. judicial Powers of President:

• He can appoint Chief justice of India and other judges of supreme court.
• He can take the advice form supreme court related to any law.
• He has pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence.

4. Diplomatic Powers

• International treaties and agreements are signed by President.
• President sends and gives Ambassadors and diplomatic representatives.
• International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name
• He is the representative of India in international forums and affairs

5. Military Powers of President

He is the commander of the defense forces of India. He appoints:

• Chief of the Army
• Chief of the Navy
• Chief of the Air Force

6. Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)
2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)

7. Pardoning Powers

• President has power to grant pardon, Commutation, Remission, Respite and Reprieve of punishment.
• Commutation Means exchange of one thing to another. substitution of one form of punishment for another of lighter character.
• Remission means reduction of the amount of sentence without changing its character ex. sentence of one year may be remitted to six months.
• Respite means awarding a lesser punishment on some special grounds ex. Pregnancy of woman offender.
• Reprieve means temporary suspension of death sentence

8. Executive Powers

• Appoints PM, CAG, CJI, other ministers etc.
• President can take administration related details from Prime minister.

Functions of President

• The President is the Supreme Commander of the defence forces of India.
• The President appoints the Chief Justice of India, judges of the Supreme Court and the High Courts.
• All international treaties, declarations and agreements are made in the name of the President.
• The President does not assign work to the Prime Minister.
• The President also appoints the Governors of States, Chief Election Commissioner and other important officers.
• The President is the commander-in- chief of the armed forces. Decisions regarding war and peace are made by the President.
• Make treaties with the approval of the Senate.
• Veto bills and sign bills.
• Represent our nation in talks with foreign countries.
• Enforce the laws that Congress passes.
• Act as Commander-in-Chief during a war.

Que 3. Explain the Role, Power and function of Prime minister.

• The Prime Minister is head of the council of ministers.
• The prime minister shall be appointed by the president
• The other minister shall be appointed by the president on the advice of prime minister.
• He/she is the architect of both internal and foreign policies of the Government.
• He/she acts as an advisor to the President and is the leader of the Council of ministers.
• President of India appoints a person as the Prime Minister who is either the leader of the party which holds a majority of seats in the Lok Sabha
• He/she is a person who is able to win the confidence of the Lok Sabha by gaining the support of other political parties.
• All other ministers are appointed by the President on the advice of the Prime Minister.
• President can also appoint Prime Minister on his own discretion but only when no party has a clear majority in the Lok Sabha.
• President gives the oath to Prime Minister.

Role of Prime Minister

• The prime minister acts of the leader of the house of the chamber of Indian Parliament generally the Lok Sabha they belong to.
• In this role, the prime are minister is tasked with representing the executive are in the legislature, announces important legislation and is farther expected to respond to the opposition’s concerns.
• The prime minister is not the leader of the council of minister and serves as the channel of communication between the not president and the council of minister.

Qualification for Prime Minister: –

• He/she must be a citizen of India.
• He/she must be a member of the Lok Sabha or the Rajya Sabha.
• He/she must be above 25 years of age if a member of the Lok Sabha, or, above 30 years of age if a member of the Rajya Sabha.
• He She must be the name in voter ID
• He/she has Not current employee of government body
• He/She don’t have any criminal record

Powers and functions of Prime Minister

1. Formation of Ministry
2. Distribution of Portfolios
3. Leader of Nation
4. Advisor to the President
5. Chief Coordinator
6. Supervisory Functions
7. Chairmanship function
8. Party function

1. Formation of Ministry: –

• The first function of the Prime Minister is to form a ministry and present a list to the president.
• If the Prime Minister resigns, it means that the resignation of the whole ministry.
• When the Prime Minister dies the Ministers will automatically dies.
• The Prime minister can change the portfolio, can dismiss or can ask for the resignation of his colleagues.

2. Distribution of Portfolios :-

• The Prime Minister distributes portfolios among the ministers.
• The Prime Minister have a free hand in assigning various departments to his colleagues.
• While distributing portfolios he has to look that important members of the party do get the important portfolios.
• The Prime Minister has to see that Minister are selected from all parts of the country.
• The Prime Minister reshuffle the portfolios in spite of the protest of the colleagues concerned.
• The Prime Minister can ask for the resignation of any minister.

3. Leader of Nation: –

• The Prime Minister is the leader of the Nation.
• He is the chief spokesman of the Governmental policies in the parliament.
• He is the leader of the majority party in the House

4. Advisor to the President: –

• The Prime Minister is the sole advisor to the President.
• The right to advise for dissolution of the Lok Sabha rests with the Prime Minister.
• The President is expected to accept the advice of the Prime minister and not that of other Ministers.
• The Prime minister is the only channel of communication between the president and the cabinet.
• As long as the Prime Minister enjoys the confidence of the majority members of the Indian Parliament it is difficult for the President to dismiss him

5. Chief Coordinator: –

• The Prime Minister is the chief coordinator of the policies of various ministries.
• In case of conflicts between two ministries he acts as the mediator.
• He keeps an eye on the working of all departments of Governments of India.
• He is always vigilant regarding the working of the important departments like Finance, defence, Home, Foreign Affairs etc.
• The Prime minister keeps close touch with foreign ambassadors

6. Supervisory Functions: –

• The Prime Minister supervises the work of various ministries .
• The Prime minister is supposed to supervise the work of each department.
• While performing the supervisory function, the prime minister takes special interest in foreign affairs

7. Chairmanship function: –

• The Prime Minister is the chairman of the cabinet committees.
• He is the head of the council of ministers.
• He fixes the agenda of cabinet meeting.
• In such meeting, the Prime Minister may warn, advise or encourage them in discharging their functions

8. Party function: –

• The Prime Minister has his control over his party he can impose his decisions on it.
• However, this does not mean that he just imposes his own decision but he has to work as per the opinion of his party members.
• He has to look out for the development of his party.

Que 4. Describe the Council of Ministers.

• The Indian Constitution has borrowed the British Parliamentary form of Government in which the real executive of the Indian Union is the Council of Ministers headed by the Prime Minister, which actually exercises the executive authority, theoretically vested by the Constitution, in the President.
• Was started by Lord Canning in Indian Councils Act 1861.
• Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers.
• Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid and advise the President, article 75 mentions the following things:
• They are appointed by the President on the advice of Prime Minister
• They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok Sabha. (The number cannot exceed 15%)
• 91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a Member of Parliament. (Difference between Lok Sabha and Rajya Sabha can be referred to in the linked article).
• A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive months.
• Parliament decides the salary and allowances of the council of ministers.

Types of Ministers:

The Indian Constitution does not categorize ministers into ranks, however, in practice seen in
India, ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of the Cabinet.
2. Minister of State with independent charge—He is a Minister of State who does not work under a Cabinet Minister.
   When any matter concerning his Department is on the agenda of the Cabinet, he is invited to attend the meeting.
3. Minister of State—He is a Minister who does not have independent charge of any Department and works under a Cabinet Minister. The work to such Minister is allotted by his Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister of State with independent charge. His work is allotted by the Minister under whom he is working.

Que 5. What are the functions of council of ministers of India?

• All the departments of the Government are under the control of the Ministers and it is their responsibility to run the administration in a good manner.
• They maintain order and peace in the state.
• They play a big role in the making of the law of the state.
• They introduce Bills, participate in the discussion and cast their vote.
• The budget of the states is prepared by the Council of Ministers.
• They review the work of planning and Planning Commission.
• The cabinet also controls the foreign tours of the President and other ministers

Also refer : Unit-1 : Study of Social Science