Welcome to Study Material Solution
Leave Comment



*    India’s central legislature or union executive is known as parliament. It is the highest law making body in the country. It consists of the president of India and two houses - the Loksabha (House of the people) and the Rajya Sabha (Council of        states). The members of the Loksabha and the Rajya Sabha are called members of Parliament.
*     Articles 52 to 78 of Part V, Chapter l of the Constitution deal with the Union Executive.

    The President :
*     The President of India is the highest executive authority. The Constitution vests in him all the executive powers of the union. All executive actions are taken in his name. He is the head of the state and represents the Republic of india.

(a)     Qualifications :
*     A Citizen of india.
*     35years of age or above.
*     Should not hold any office of profit under the government
*     Should be qualified for becoming a member of the LokSabha.

(b)     Election :
*     The President of India is indirectly elected by the people.
*     The President is elelcted by a body called an Electoral college which consists of the elelcted members of the state legislature and the Parliament.

(c)     Oath :
*     The President takes an oath before assuming office in the presence of the Chief justice of  India.

(d)     Term :
*     The Prsident is elected for five years term. He can seek reelection for another term.

(e)     Salary : 
*     The President of Indian Federation gets a monthly pay of Rs 1,50,000.    
(f)     Removal : 
*     The President may be removed before the expiry of his term through a special procedure known as Impeachment.
*     President can be impeached for violation of the Constitution.
*     The President addresses his registration letter to the Vice - President.
        President of India : At a Glance

(g)     Powers and Functions :
*    The President performs a number of functions. he has vast power to be exercised during normal times as well as in emergencies. These powers, however, are actually exercised by the Prime Minister and the council of Ministers.

(i)     Executive Powers :
*     The Constitution vests in the president of India all the executive power of the central government.
*     The President appoints the prime minister, who enjoys the support of the majority in the Lok Sabha. He also appoints other members of the council of Minister and distributes portfolios to them on the advice of the Prime Minister.
*     The President is the Supreme Commander of the Defence Forces n India. He can declare war, make peace and conclude treaties with other countries.
*     The President makes important appointments. He appoints Governors of State, Chief justice, judges of the Supreme Court and the High Courts. Attorney General, Comptroller and Auditor General, Cheif Election Commissioner, Chairman and members of the Union Public Service Commission and Ambassadors, High commissioners to other countries. He also receives the credentials of Ambassdors and high commissioners from other countries.

(ii)     Judicial Powers :
*     The President can grant pardon or reduce the sentence of any convicted person.

(iii)    Legislative Powers :
*     The President summons the session of both the houses of Parliament and address them. He can even dissolve the Lok Sabha. these power are formal and the president while using his power must act according to the advice of the Council of         Ministers headed by the Prime Minister.
*     The President inaugurates the Parliament by addressing it after the general elections and also at the beginning of the first session every year. His address on these occasions is actually meant to outline the policies of the government.
*     A bill that the parliament has passed, can become a law only after the President gives his assent to it. He can return a bill to parliament, if it is not a money bill, for reconsideration. But if the parliament sends it back to him a second time, he         must give his assent to it.
*     The president permits the annual budget to be laid before the Lok Sabha. He recommends the introduction of money bills in the Lok Sabha.

(iv)     Emergency Power :
*     The President has certain emergency powers to meet abnormal or extraordinary situtions. In these difficult situtations he can declare emergencies. The Constitution of India envisages three kinds of emergencies

(A)     Emergency Caused by War , External Aggression or Armed Rebellion (Article 352) :
*     If the President is satisfied that - the security of India or of any part of its territory is threatened by a war, or external aggression or armed rebellion, he can declare a state of emergency for the whole of India or any of its parts.
*     He can declare such an emergency only on the basis of a written request by the Council of Ministers. Such a declaration must be approved by the parliament within one month.
*     During emergency the fundamental rights of citizens may be curbed or suspended.
*     Under emergency , the praliament can make laws on the subjects mentioned in  the state list as well and the union executive can give direction to the states.
*     Such emergencies can last for six months. But they can be extended, if the parliment agree, for another six months.

(B)     Emergency Arising out of the failure of constitutional Machinery in states (Article 356) :
*     If the president is satisfied on the basis of  the report of the Governor of the concerned state or from other sources that the government in that state cannot be carried out in accordance with the provisions of the Constitution. He can declare           emergency in the state.
*     The president can take over the entire work of the executive and dissolve or suspend the state Assembly. The parliament may make laws and also pass the budget for the state.
*     The Governer administers the state in the name of the President.
*     The proclamation of this kind of emergency also has to be appeoved by the parliament within one month.
*     This "President Rule" can be extended beyond six month with the further approval of the parliment. However, in no way the emergency in the state can be allowed to continue for more than three years.

(C)    Financial Emergency (Article 360) :
*     If the president is statisfied (on the advice of the Finance Minister) that there is an economic situation in which the financial stability or the credit of India is threatened, he can declare a financial emergency.

*     The constitution also provides for a Vice- President for the Repbulic of India. He is also the Chairmen of the Rajya Sabha and in that capacity he is entitled to a salary besides various other allowance.     

(a)     Qualifications :
*     Must posses the same qualifications as are essential for the office of the president.
*     He should be qualified to be elected to the Rajya Sabha.

(b)    Election :
*     Is elected jointly by both the houses of the parliament.no state legislature is involved in his election.

(c)    Removal :
*     Parliament has the authority to remove the Vice- President from his office before the expiry of his term.
*     The Vice-President's letter  of resignation is to be addressed to the president.

(d)    Functions :
*     Ordinarily, the Vice-President has little to do with the office of the president. Yet he has cetain duties to  perform.
*     Ex - Officio chairman of Rajya Sabha.
*     Acting as the president of India.

*    Ex - Officio Chairman of Rajya Sabha.
*    Acting as the President of India.

*     The office of the Prime Minister in India has been created by the constitution.
*     The Prime Minister is the head of the central government. Though all the executive powers of the central government are formally vested in the President of India but these powers are actually exercised by the Council of Ministers under the          leadership of the Prime Minister.
*     The most powerful office in the central government is that of the Prime Minister.

(a)    Appoinment :
*     Formally, the Prime Minister is appointed by the President. The President invites only that person to be the Prime Minister, who is the leader of the majority party in the Lok Sabha.
*     When no single party gets a majority, the President may invite the leader of combination of parties constituting the majority in the Lok Sabha or the leader of the largest single party commanding the support of the majority in the Lok Sabha.

(b)    Power and Function :
*     The Prime Minister selects the members of the Council of Minister who are formally appointed by the President. He allocates portfolios among the ministers and he can drop any ministers.
*     The Prime Minister presides over the meeting of the Council of Ministers. He decides about the policies of the  government. He coordinates the work of different ministries.
*     The Prime Ministers is the Chairperson of the planning Commission which is a key body in the process of planning.
*     It is becase of his prominent position that the entire government is associated with the name of the Prime  Minister.

*    Council of Ministers is headed by the Prime Minister. It is essential for the members of the Council of Ministers to be members of either house of the Parliament.
*    Any member of the Council of Ministers including the Prime Minister who is not a member of Parliament has to aquire its membership within six months of his appointment.
*    The ministers are individually responsible for their ministers and departments. This    responsibility is enforced through the Prime Minister.
*    Council of Minister remains in power so long as  they enjoy the support of the majority in the Lok Sabha. If the Lok Sabha passes a no- confidence motion, the entire Council of Minister has to go.
*    There are three categories of ministers.
    (a) Cabinet Ministers
    Member of the cabinet and incharge of very important ministries.
    (b) Ministers of State        
    Ministers who hold independent charge of some ministries or are placed under a Cabinet Ministries.
    (c) Deputy Ministers
    Minister who assist Cabinet Ministers and Ministers of State.

*     The Constitution places the office of the Attorney- general on a special footing. He is the first Law officer of the Government of India.
*     The Attorney- General is appointed by the President and holds a office during the pleasure of the president.
*     A candidate opting for the post of the Attorney - General must have the same qualification as are required to be judge of the Supreme Court.
*     The Attorney- General recieves such remuneration as the president  may determine. He has the right to audience in all Court in India.
*    His duties are :-
(i)    To give advice on such legal character as may be assigned to him by the Prsident; and
(ii)   To discharge the functions conferred on him by the constitution and the laws in force.
        The Attorney - General is not a member of the cabinet but he has the  right to speak in the Houses of Parliament or any Parliamentry committee, though he has no right to vote in it.

*     The legislature at the centre is known as Parliament. It is a bicameral legislature, as it has two houses.
*     The first or the lower house is called the Lok Sabha or the House of the people.
*     The second or the upper house is called th Rajya Sabha or the Council of States.
*     The President of India is an integral part of the Parliament.

*     The Lok Sabha consists of members who are directly elected by the people. It cannnot have more than 550 elected members.
*     Out of these 530 are elected from different states and the remaining 20 from union territories. Each state and union  territory is devided into various constituencies  and each constituency elects one member.
*     Apart from the elected members, there can be some nominated members also. The President can nominate two members belonging to the Anglo - Indian community if it  does not have adequate representation.
*     All the Indian citizens of the age 18 and above have the right to vote , and they elect the members of the Lok Sabha.
*     In order to be  elected as a member of  the Lok Sabha, a person must be a citizen of India and must not be less than 25 years of age.
*     The term of Lok Sabha is five years from the date of its first meeting. the term can be extended by one year at a time during emergency. But it cannot be extended beyond six months after the emergency ends.
*     The Lok Sabha can be dissolved even before its full terms of five years.
(a)    The number of Members in  Lok Sabha :
*     Originally the Constituion had provided for a maximum of  500 Members in Lok Sabha. But due to population growth. The total strength of lok sabha increased from 500 to 550. Each state was alloted a number of seats in such a manner             that the ratio between that number and the population of the state was, as far as practicable, the same for all states.
*     The 42nd Constitutional Amendment had frozen the number of representatives in the  Lok Sabha on the basis of population of 1971 Census untill 2001.

(b)    The Speaker
*     The members of Lok Sabha elect a speaker and a deputy speaker from among themselves
*     The speaker presides over the session and conducts  its business.
*     The Speaker may be a member of any political party, but once elected, he has to conduct the business of  the house impartially.
*     The Speaker keeps the House in Order. He does not votes when voting takes place in the house, but he can use his casting vote in case of a tie.
*     In the absence of the speaker, the Deputy Speaker presides over the sessions.

*     The Rajya Sabha is the upper house of the parliament. The states participate in the legislative activity at the centre through this house.
*     It consists of not more than 250 members. Out of them 238 are representative of states and union territories and 12 are nominated by the President of india.
*     For being a member of Rajya Sabha, it is essential that the person is an Indian citizen of not less than 30 years of age.
*     The representatives of states are elected by the elected members of respective state       assemblies. Those of  the union territories where there are no assemblies, are elected by special electoral colleges.
*     The Rajya Sabha is a permanent body. It cannot be dissolved. One-third of its members retire every second year. Every member has a six year term.
*     The Vice- Presindent of India is the ex-officio Chairman of the Rajya Sabha. The members of Rajya Sabha also elect a Deputy Chairman from amongst themselves.

(a)     Legislative Power :
*     The Parliament has the power to legislate on all subject that are under the jurisdiction of the central government. It passes ordinary and financial bills.
*     The Lok Sabha has more power than the Rajya Sabha in respect to money bills.
*     The power to amend the Constitution rests  primarily with the parliament. It is also essential that the ordinance promulgated by the President is approved by the Parliament soon as it meets. The proclamation of emergency by the president             must be approved by the parliament.
(b)     Election and Removal power :
*     Elected members of both the houses participate in the election of the President of India. The Vice- President of India is elected by the members of Lok Sabha and Rajya Sabha.
*     Parliament can remove the president of india through impeachment. The Vice- President is also removed through a resolution adopted by the Rajya Sabha and endorsed by the Lok Sabha.
*     The Judge of the Supreme Court and High Courts can be removed by the President, if a request for their removal is made by both the houses  of Parliament.

(c)     How it Controls the Executive :
*     The Parliament also exercises control over the executive. It is the place where the government has to give an account of its policies.
*     The Parliament follows certain rules for the coduct of its business. These include different types of motions.

(i)     Confidence Motion :
*     The most important motion is called 'No Confidence Motion'. The opposition party ot parties may move a motion that the Lok Sabha does not have Confidence in the Council of Ministers.
*     If the majority in the house votes against the motion, the Council of Ministers continues to be in power. however, if the majority votes for the motion the Council of Ministers has to resign.
(ii)     Vote of Confidence : 
*     Under a vote of confidence the goernment may ask the house to vote for it. Normally  in both(no- confidence motion and vote of confidence) these cases the members of the government and opposition parties get the opportunity to                      appreciate or criticise the government.
(iii)     Question Hours :
*     Question hours are specially important in this regard. As minister head different government departments, memnbers can ask them question about their respective departments. There are two types of questions.
(A)     Starred question :
*     A member who desires an oral answer to the question is required to mark it with a star. Such questions are known as starred questions.
*     Through these question the member can seek from the minister some other relevant information connected with the reply  already given on the floor of the house. These are called supplementry questions.
(B)     Non- Starred Question :
*     Some questions without stars also asked. These are meant for written answers.
*     The answer to all the questions and the supplementary questions given by minister make the government responsive to parliament.

(d)    Legislative Procedure :
*     The proposal for a law is called a bill. It is of two kinds-ordinary bill and mony bill.
(i)     Ordinary Bill :
*     An ordinary bill can be introduced in any of the two houses of Parliament.
*     The ordinary bill can be introduce by either a minister of the government, or any private member of the house.
*     Whenever an ordinary bill is introduce, it goes through three reading in each house.

*     When both the houses of Parliament pass the bill , it is sent to the President for his assent.
*     If there is disagreement between the two houses on the bill, the president may convene the joint sitting where the bill is passed by a simple majority of the members present and voting. The speaker of the Lok Sabha presides over the joint             zsitting.
*     When the bill passed by the Parliament is presented before the President for his assent , he may assent to the bill or return it to Parliament with a message of its reconsideration. If the bill is passed by both houses either with or without                   amendments, and is presented to the President for his assent, he cannot withhold the assent. On receipt of the assent of the president, the bill becomes an Act of Parliament.

(ii)     Money Bill :
*     Money has been specifically defined in the Constitution. A special procedure is adopted for it.
*     No money bill can be introduce without the consent of the President of India. It can be introduced only in the Lok Sabha. Whether a bill is a money bill or not is decided by the speaker.
*     When the money bill is passed by the Lok Sabha it is sent to the Rajya Sabha for its recommendations. The Rajya Sabha must return the bill with its recommendations within 14 days from the date of receipt. If it does not do so, the bill is             deemed to have been passed by both the houses. the bill is then sent to the president for his assent.


Leave a Reply