Vidarbha Youth Welfare Society’s

Prof. Ram Meghe Institute of Technology & Research

Badnera, Amravati (M.S.) 444701

Sant Gadge Baba Amravati University, Amravati

Department of Information Technology

Course Name : Social Sciences & Engineering Economics

Course Code: [4IT05]
UNIT 2: Outline

➢ Indian Parliament : Composition and Powers,

➢ President of India : Election and Powers.

➢ Prime Minister and Council of Ministers

Indian Parliament

▪ The parliament is the legislative organ of the Union Government. It occupies a

pre-eminent and central position in the Indian democratic political system due
to adoption of the Parliamentary Form of Government, also known as
Westminster Model of government.

▪ Articles 79-122 in Part V [Chapter II] of Constitution deal with organization,

composition, duration, officers, procedures, privileges, powers of Parliament.

▪ The Parliament of India consists of three parts [Article 79]:

1. The President
2. The Council of States [Rajya Sabha]
3. The House of the People [Lok Sabha]

▪ In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the
Council of States and the House of People respectively
Indian Parliament

▪ The Rajya Sabha is called as Upper House/ House of Elder and it represents
the states and union territories.

▪ While the Lok Sabha is the Lower House/ Popular House and it represents the
people of India as a whole.

▪ Though President of India is not a member of either house of parliament &

does not sit in parliament to attend its meetings, he is an integral part of
parliament

▪ This is because a bill passed by both houses of parliament cannot become law
without the President’s approval.

▪ President also performs certain functions relating to the proceedings of the

parliament. For ex., he summons and prorogues (suspends) both houses,
dissolves the Lok Sabha, addresses both houses, issues ordinances when they
are not in the session.
Indian Parliament

▪ The framers of the constitution relied on the British pattern in this respect. In
Britain, the Parliament consists of the Crown, House of Lords (Upper House)
and the House of Commons (Lower House)

▪ By contrast, the American president is not an integral part of the legislature. In

USA, the legislature, which is known as Congress, consists of Senate (Upper
House) and the House of Representatives (Lower House)

▪ The parliamentary form of the government emphasis on the interdependence

between the legislative and executive organs. Hence, we have the ‘President-
in-Parliament’ like ‘Crown-in-Parliament’ in Britain.
Composition of Rajya Sabha

▪ The maximum strength of 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 [According to the article 80]

▪ 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 states and union territories. The allocation of seats has
changed from time to time since 1952.

▪ Rajya Sabha is a permanent body and is not subject to dissolution. One third of
the members retire every second year. Each member is elected for a term of six
years. The Vice President of India is the ex-officio Chairman of Rajya Sabha.
The House also elects a Deputy Chairman from among its members.
Composition of Rajya Sabha

1. Representation of States:

▪ The representatives of states of Rajya Sabha are elected by the elected

members of State Legislative assemblies.

▪ The election is held in accordance with the system of proportional

representation by means of single transferable vote. The seats are allotted to
the states in the Rajya Sabha on the basis of its population.

▪ Hence, the number of representatives varies from state to state. For example,
Uttar Pradesh has 31 members while Tripura has 1 member only.

▪ However, in USA, all states are given equal representation in the Senate
irrespective of their population. USA has 50 states and Senate has 100
members – 2 from each state
Composition of Rajya Sabha

2. Representation of Union Territories:

▪ Only two territories Delhi and Puducherry have representation in Rajya Sabha.
The population of other Union Territories are too small to have any
representative. Rajya Sabha might continue to host 4 representatives from
Jammu and Kashmir

3. Nominated Members:

▪ The President nominates 12 members to Rajya Sabha from People who have
special knowledge or practical experience in art, literature, science and social
service.

▪ The rationale behind this principle of nomination is to provide eminent

persons a place in the Rajya Sabha without going through process of election.
American Senate has no nominated members.
Composition of Lok Sabha

▪ The maximum strength of Lok Sabha is fixed at 552. Out of this, 530 members
are to be the representatives of states, 20 members are to be representatives of
the Union Territories and 2 members are to be nominated by the President
from Anglo-Indian community between 1952 and 2020 [Article 81].

▪ At present, Lok Sabha has 543 members. Of these, 530 members represent the
states, 13 members represent UT. The provision for 2 nominated members to
Anglo-Indian Community was abolished in January 2020

▪ As per Article 366 (2) of the Constitution, Anglo-Indian is considered to be

someone who lives in India and whose father or any of the male ancestors
belong to the European lineage.

▪ The total elective membership of the Lok Sabha is distributed among States in
such a way that the ratio between the number of seats allotted to each State
and population of the State is approximately same for all States
Composition of Lok Sabha

▪ Following the Constitution 84th Amendment Act, the total number of existing
seats as allocated to various States in the Lok Sabha on the basis of the 1971
census, shall remain unaltered till first census to be taken after the year 2026.

1. Representation of States:

▪ The representatives of states in the Lok Sabha are directly elected by the
people from territorial constituencies in the states

▪ The election is based on universal adult franchise. Every Indian who is above
18 years of age and who is not disqualified under the provision of constitution
or any law is eligible to vote at such election.

▪ The voting age was reduced from 21 to 18 years by the 61st constitutional
amendment act, 1988
Composition of Lok Sabha

2. Representation of Union Territories:

▪ The constitution has empowered the parliament to prescribe the manner of

choosing the representatives of union territories in the Lok Sabha

▪ Accordingly, the parliament has enacted the Union Territories (Direct Election
to the House of People) act, 1965 by which the members of Lok Sabha from
UTs are also chosen by direct election

3. Nominated Members:

▪ The president can nominate two members from Anglo-Indian community if

community is not adequately represented in Lok Sabha

▪ Originally, this provision was to operate till 1960 but has been extended till
2020 by 95th Amendment Act, 2009 [Abolished in the year 2020]
Powers of Indian Parliament

▪ The Parliament of India is the supreme legislative body of the Republic of

India. The Parliament of India is a bi-cameral legislature. It consists of two
houses- Rajya Sabha & Lok Sabha and President of India.

▪ Parliament makes law with the help of its both the chambers. Laws passed by
the parliament and approved by the president are enforced in the whole
country.

▪ Parliament has various powers which can be classified in to following heads:

(1) Legislative powers (2) Executive powers
(3) Financial powers (4) Constituent powers
(5) Judicial powers (6) Electoral powers
(7) Other powers
Powers of Indian Parliament

1) Legislative Powers: The parliament has exclusive power to make laws on the
subjects enumerated in the Union List and on the residuary subjects (that is
subject not enumerated in any of the three lists)

With regard to Concurrent List, the parliament has overriding powers (i.e., the
law of parliament prevails over law of state legislature in case of any conflict)
The Constitution also empowers the Parliament to make laws on the subject
enumerated in the State List under following five abnormal circumstances:
a. when Rajya Sabha passes a resolution to that effect
b. when National Emergency is under operation
c. when two or more states request parliament to do so
d. when necessary to give effect to international agreements, treaties
and conventions
e. when President’s rule is in operation.
Subjects of Union, State and Concurrent List:
Powers of Indian Parliament

2) Executive Powers:

According to parliamentary form of government, executive is responsible to the

parliament for its acts and policies. Hence, parliament exercises control over
executive by various measures like question hour, zero hour, no-confidence
motion, other discussions etc. It also supervises the activities of executive with
the help of its committees like committee on govt. assurance, petition etc.

3) Financial Powers:

▪ It includes enactment of budget, scrutinizing the performance of government

with respect of financial spending.

▪ The Parliament is the supreme authority in the financial matters. The budget is
annually prepared by the Cabinet and is submitted for the approval the
Parliament. The Parliament also approves all proposals of the union
Government to impose taxes.
Powers of Indian Parliament

▪ Money Bills can originate only in the Lok Sabha. After they have been passed
by the Lok Sabha, they are sent to the Rajya Sabha for approval. Within 14
days the Rajya Sabha is expected to give its consent. Thus, the power the
Rajya Sabha is limited with regard to money bills.

▪ To keep a watch on the money spent by the executives there are two standing
committees of the Parliament. The public accounts committee and the
estimates committee. These two committees exercise legislative control over
the executive on behalf of the Parliament.

4) Constituent Powers:

The parliament is vested with the powers to amend the Constitution by the way
of addition, variation or repeal of any provision. A bill to amend the constitution
may originate either in Lok of Rajya Sabha. Unless it is passed by both the
Houses with the required majority, the amendment cannot be effective
Powers of Indian Parliament

5) Judicial Powers: It includes ➔

i. Impeachment of President for violation of constitution
ii. Removal of Vice President from his office
iii. Recommendation of removal of judges of Supreme Court and High
court, chief election commissioner to the President
iv. Punishing members for breach of privileges or its contempt

6) Electoral Powers:

The Parliament participates in the election of President and Vice-President. The

members of Lok Sabha elects its Speaker and Deputy Speaker, while members
of Rajya Sabha elects its Deputy Chairman.
Powers of Indian Parliament

7) Other Powers: It includes ➔

i. Discussion of various issues of national and international importance
ii. Approval of all three types of emergencies (national, state and
financial)
iii. To increase or decrease area, alter the boundaries and change names
of the states of the Indian Union
iv. Creating/Abolishing state legislative council on the recommendation
of concerned state legislative assemblies
v. Regulation of the organization and jurisdiction of the Supreme Court
and High Courts and can establish a common high court for two or
more states.
President of India

▪ The President is the head of the Indian State and the Supreme Commander of
the Indian Armed Forces. He is the first citizen of India and acts as the symbol
of unity, integrity and solidarity of the nation.

▪ Although vested with these powers by the Constitution of India, the position is
largely a ceremonial one and executive powers are in reality exercised by the
Prime Minister.

▪ There have been 14 presidents of India since the post was established when
India was declared as a republic with the adoption of the Indian constitution in
1950. Rajendra Prasad, the first president of India, is the only person to have
held office for two terms.

▪ The 12th president, Pratibha Patil, is the first woman to hold the office, elected
in 2007. On 25 July 2017, Ram Nath Kovind took office as the 14th president
of India.
Election of President

▪ The President is elected for a period of 5 years not directly by the people but
by members of Electoral College consisting of:
1. The Elected Members of both the Houses of Parliament
2. The Elected Members of the Legislative Assemblies of the states; and
3. The Elected Members of Legislative Assemblies of Union Territories of
Delhi, Puducherry and Jammu & Kashmir

▪ Thus, the nominated members of both Houses of Parliament, the members

(both elected and nominated) of State Legislative Councils (in case of
bicameral legislature) do not participate in the election of the President

▪ The indirect method of election is adopted because the size of the electorate in
India is too big. Election of the President would mean a great loss of time,
money and energy. Also, it will put great strain administrative machinery
Election of President

▪ Article 55 of the constitution gives that the election of the President shall be
held in accordance with the system of Proportional Representation by means
of Single Transferable Vote

▪ This method is adopted in order to secure absolute majority in the Presidential

Election. It visualizes the Quota system. Unless, the candidate secures a fixed
quota, he cannot be declared elected

▪ The Quota is (50% + 1) of the votes and unless a candidate contesting election
secures this amount of votes, he is not declared to be elected

▪ The various states in India are unequal in population. The strength in their
Legislative Assemblies is not uniform. In such circumstances the exact number
of votes cast by different MLAs in different is decided by a definite formula
Election of President

▪ Article 55 provides that every MLA of the state has as many votes as there are
multiple of one thousand in the quotient obtained by dividing the population of
the state by the total number of the elected members of the Assembly

▪ In other words, the number of votes a MLA of a state is entitled to cast is

decided as follows:
Total population of State or UT 1
Value of the vote of an MLA = ×
Total number of elected members 1000
in the state legislative assembly

➔ For Example:

In Uttar Pradesh, No. of Assembly Seats = 403, population (in 1971) = 83849775
83849775 1
∴ Value of the vote of each MLA in UP = × = 208.06
403 1000
Total value of votes of all MLAs of UP = 403 × 208 = 83824
Election of President

▪ In this manner, the total number of votes cast by all the MLAs are counted.
Those votes will be divided by the total number of the elected MPs of both
houses of parliament & value of votes of each MP is calculated by the formula:

Total value of votes of all MLAs of all states

Value of the vote of an MP =
Total no. of elected members of Parliament

▪ In the Presidential Election of the year 2017 ➔

Total value of votes of all MLAs = 549495; Total no. of MPs = 543 + 233 = 776

549495
Value of the vote of each MP = = 708
776
Total value of votes of all MPs = 776 × 708 = 5,49,408

Total value of votes for the Presidential Election = 549495 + 549408 = 1098903
Election of President

▪ The idea of using the first formula is to give weight to the population of each
state. The idea of using second formula is to bring a parity between the votes
of all MLAs and those of all MPs.

▪ Each member of the electoral college is given one ballot paper. The voter,
while casting his vote, is required to indicate his preferences by marking 1, 2,
3, 4 etc. against the names of candidates.

▪ In the first phase, the first preferences votes are counted. In case a candidate
secures the required quota (50% + 1) in this phase, he is declared elected.

▪ Otherwise, process of transfer of votes set in motion. The ballots of candidate

securing least number of first preference votes are cancelled and his second
preference votes are transferred to first preference votes of other candidates

▪ This process continues till a candidate secures the required quota.

Powers of the President

As the Head of the State, the President has a wide variety of powers which can
be mentioned under following heads: Executive, Legislative, Financial, Judicial,
Diplomatic, Military, Emergency etc.

1] Executive Powers:

▪ The President has a right to be informed of all of the nation's affairs, has
powers to appoint high constitutional authorities, including the Prime Minister
and the Council of Ministers.

▪ All appointments of the judges of the Supreme Court and the High Courts, the
State Governors, the Attorney General, the Comptroller and Auditor General
(CAG) and the Chief Election Commissioner are made in his name.

▪ Administrators (Chandigarh, Lakshadweep and DNH & DD) and Lieutenant

Governors (J&K, Delhi, Puducherry, Andaman & Nicobar and Ladakh) are
appointed by the President
Powers of the President

2] Legislative Powers:

▪ The President can summon or prorogue the Parliament and dissolve the Lok
Sabha. The budget session of Parliament always begins with the President's
address. The President can summon a joint sitting of both houses of parliament

▪ Under the Indian Constitution, the government needs prior Presidential

sanction before introducing legislation such as for creating a new state or
changes in the boundary of existing states or even a change in its name

▪ Also, legislation dealing with Fundamental Rights under the Constitution

require the President's consent, similar to Money Bills introduced in the Lok
Sabha. Besides, all bills passed by Parliament need the President’s approval
before becoming law

▪ The President also promulgates ordinances or emergent legislation during

Parliament's recess. The President also nominates members to Rajya Sabha
Powers of the President

3] Financial Powers:

▪ Money Bills can be introduced in Parliament only with prior recommendation

of the President. The President causes presentation of Union Budget and audit
reports before the Parliament

▪ The President can make advances out of Contingency Fund of India [under
Article 267] to meet any unforeseen expenditure. The President constitutes a
Finance Commission after every five years to recommend the distribution of
revenues between Centre & the State

4] Military Powers:

▪ The President is the Supreme commander of the defence forces of India. In

that capacity, he appoints the chiefs of the Army, the Navy and the Air Force.
President can declare war or conclude peace, subject to approval of Parliament
Powers of the President

5] Judicial Powers:

▪ The President appoints the Chief Justice and the judges of Supreme Court and
High Courts. He can seek advice from the Supreme Court on any question of
law or fact

▪ President can grant pardon of punishment or suspend or commute the sentence

of any person convicted of any offense in all cases where punishment is by
Court-Martial, and in all cases where the sentence is of death.

6] Diplomatic Powers:

▪ The President negotiates International Treaties and Agreements with other

nations prior to ratification by Parliament. He represents India in international
forums and affairs, and sends and receives diplomats like ambassadors, high
commissioners and so on
Powers of the President

7] Emergency Powers:

▪ Three kinds of emergencies are envisaged by the Constitution. Under National

Emergency [Article 352] powers, the President can declare a state of
emergency after satisfying that the country's security is at peril, either from
external aggression or armed rebellion within. The National Emergency is
declared only after the Prime Minister and Cabinet recommends it in writing

▪ The state emergency is basically political emergency, resulting in President’s

Rule or Governor’s Rule, if there is Constitutional or law & order breakdown,
under Article 356 of the Constitution

▪ The Financial Emergency [Article 360] occurs when the financial stability of
the country or any part of the country is seriously affected. The Financial
Emergency powers of the President have never been put to test ever in the last
seven decades
Prime Minister:
▪ The Prime Minister of India is leader of Executive branch of the Government
of India. The Prime Minister is the head of the Union Council of Ministers.

▪ The Prime Minister can be a member of any of the two houses of the
Parliament of India - the Lok Sabha and the Rajya Sabha; but has to be a
member of the political party or coalition, having a majority in the Lok Sabha.

▪ But, when no party has a clear majority in the Lok Sabha, then the President
generally appoints the leader of the largest party or coalition in the Lok Sabha
and asks him to seek a vote of confidence in the house within a month.

▪ Constitutionally, the Prime Minister may be a member of any of the two

houses of Parliament. For Ex: Indira Gandhi (1966), Deve Gowda (1996) and
Manmohan Singh (2004) were members of Rajya Sabha.

▪ On the other hand, in Britain, Prime Minister must be a member of Lower

House (House of Commons)
Powers & Functions of Prime Minister:
The Prime Minister of India serves the country by performing various functions.
He performs his functions taking responsibilities that are listed below:

1. The Leader of Nation:

The Prime Minister of India is the Chief Head of the Government of India. He is
the chief spokesperson of the governmental policies in the parliament. All
important announcements are made by him in the parliament. The Prime
Minister is the leader of the majority party in the house and hence, usually
becomes the leader of the Lower House

2. Formation of the Ministry:

The first function of the Prime Minister is to form the Ministry. He selects his
Ministers and the President appoints them. The resignation of the Prime Minister
means the resignation of the whole Ministry. Also, he can ask for the resignation
of any minister
Powers & Functions of Prime Minister:
3. Distribution of Portfolios:

The Prime Minister has the authority to assign respective portfolios to the
Ministers. He determines size of the Cabinet and Ministers to be included in it.
He guides, directs, controls and coordinates all the activities of the ministers.

4. Chairman of the Cabinet:

The Prime Minister is the chairman of the cabinet and conducts the meetings of
the Cabinet. He fixes the agenda of cabinet meeting. He can impose his decision
if there is a crucial opinion difference and conflict among the members.

5. Official Representative of Country:

The Prime Minister represents the country for high-level international meetings
and he is the ambassador of the country. The Prime Minister keeps close touch
with foreign ambassadors at the conferences of head of foreign governments
Powers & Functions of Prime Minister:
6. The link between the President and the Cabinet:

The Prime Minister acts as the link and bond between the President and Cabinet.
He communicates and transmits all decisions of the Cabinet to the President
which is related to the administration of the Union and proposals for legislation.

7. Head of various Organizations: The Prime Minister is the head of many

organizations and programs like:
✓ Nuclear Command Authority,
✓ NITI [National Institution for Transforming India] Aayog,
✓ National Development Council,
✓ Department of Space,
✓ Department of Atomic Energy,
✓ Ministry of Personnel, Public Grievances and Pensions
Powers & Functions of Prime Minister:
8. Advisor to the President:

The Prime Minister is the advisor to the President. He has right to advise for
dissolution of Lok Sabha. Prime Minister informs the President all the decisions
taken in the Cabinet Meetings

# Commenting on the power of the Prime Minister, Dr. B. R. Ambedkar said that
If any functionary under the Constitution of India is to be compared with the
USA President then, he is the Prime Minister and not the President of India.
Council of Ministers:
▪ In the Constitution of India, article 74 deals with the status of the council of
ministers while article 75 deals with the appointment, tenure, responsibility,
qualification, oath and salaries and allowances of the ministers.

▪ The Prime Minister is appointed by the President while other ministers are
appointed by the President on the advice of the Prime Minister. Thus,
President can appoint only those persons as ministers who are recommended
by the Prime Minister

▪ Usually, the members of Parliament (either Lok Sabha or Rajya Sabha) are
appointed as Ministers. If a person is not a member of any house then also he
can be appointed as Minister. But, within six months he must become a
member (either by election or by nomination)

▪ The Council of Ministers consist of three categories of ministers, namely,

Cabinet Ministers, Ministers of State and Deputy Ministers
Council of Ministers
▪ The difference between them lies in their respective ranks, emoluments and
political importance. At the top of all these ministers stands the Prime Minister
– the supreme governing authority of the country

▪ The Cabinet Ministers head the important ministries of the Central government
like home, defence, finance, external affairs and so forth. They play important
role in deciding policies

▪ The Ministers of State can either be given independent charge of ministries or

can be attached to cabinet ministers. In both cases, they will work under the
supervision and guidance of the Cabinet Ministers. However, they are not the
members of the cabinet and do not attend cabinet meetings

▪ Next in the rank are Deputy Ministers. They are attached to Cabinet Ministers
or Ministers of State and assist them in their administrative, political and
parliamentary duties
Council of Ministers
▪ At times, the Council of Ministers may also include Deputy Prime Minister.
The position of Deputy Prime Minister is used to bring political stability and
strength within a coalition government or in times of national emergency

▪ The office has been occupied for a little more than 11 years out of the 73 years
since its inception

▪ The first Deputy Prime Minister of India was Vallabhbhai Patel, who was also
Home Minister in Jawaharlal Nehru’s Cabinet.

▪ The seventh and last Deputy Prime Minister was L. K. Advani from 2002 to
2004 in Atal Bihari Vajpayee's government. The current government does not
have a Deputy Prime Minister.

▪ The words ‘Council of Ministers’ and ‘Cabinet’ are often used interchangeably
but, they differ from each other in respects of composition, functions and role
Difference between Council of Ministers & Cabinet Ministers

Council of Ministers Cabinet Ministers

1. It is wider body consisting of 60 to 70 It is smaller body consisting of 15 to
ministers [shall not exceed 15% of total 20 ministers
strength of Lok Sabha]
2. It includes all three categories of It is the part of Council of Ministers
ministers: Cabinet Ministers, Ministers
of State & Deputy Ministers
3. It does not meet, as a body, to transact It meets, as a body, frequently and
government business. It has no collective collectively takes decisions regarding
functions government business
4. Its function is determined by the Cabinet It directs the Council of Ministers
5. It implements the decisions taken by the It supervises the implementation of its
Cabinet decision by the Council of Ministers
6. It is a constitutional body, dealt in detail It was inserted in article 352 by the
by the articles 74 and 75 of Constitution. 44th amendment act, 1978
Important Questions:
1. Explain the composition of Indian Parliament.

2. Describe the powers of Indian Parliament

3. Explain the election procedure of the President of India.

4. Explain the powers of President of India.

5. What are the powers and functions of the Prime Ministers?

6. State the difference between the Council of Ministers and Cabinet Ministers