Prime Minister

The Constitution provides that “there shall be a Council of Ministers with the Prime Minister at the head to
aid and advise the President in the excercise of his functions”. Here the word “shall” indicates that the
President cannot function without the Council of Ministers. The President is the constitutional head of State,
but the real Head of the government is the Prime Minister.
Appointment of the Prime Minister
The Prime Minister is appointed by the President but the President does not have freedom in the selection of
the Prime Minister. Normally the President has to invite leader of the majority party to form the government.
In case no single party is in clear majority, the President invites the person who is likely to command
support of two or more parties which make up majority in the Lok Sabha.
Tenure: Once appointed, the Prime Minister holds office so long as he/she enjoys the support of the
majority of members of Lok Sabha.
Powers and Functions of the Prime Minister
The Prime Minister is the most important and powerful functionary of the Union Government. The Prime
Minister is head of the government and leader of Lok Sabha. The Prime Minister is principal advisor to the
President, and the country’s visible face and spokesperson in the international affairs. The Powers and
Function of the Prime Minister may be discussed here under:
1) Formation of the Council of Minister: The first function of the Prime Minister is to form the
council of Minister. The Prime Minister being the head of the Council of Ministers, selects the
Ministers to be sworn in by the President. The Ministers in fact are chosen by the Prime Minister and
remain Ministers as long as they enjoy the confidence of the Prime Minister.
2) Distribution of Porfolios: The Prime Minister distributes portfolios among Ministers. The President
can change the portfolios as and when he desires. The Prime Minister can drop a Minister or ask for
his/her resignation.
3) Supervisor and Coordinator between different ministries: The Prime Minister presides over the
meetings of the Cabinet and conducts its proceedings. As head of the Cabinet, he/she largely
influences the decisions of the Cabinet. The Prime Minister co-ordinates the working of various
ministers. The President resolves disagreement if any amongst different Ministers.
4) Spokeperson of the Council of Minister: The Prime Minister is the “principal spokesman” and
defender of the policies of the Government in the Parliament. When any Minister is unable to defend
his/her actions properly, the Prime Minister comes to the help of that Minister both inside and
outside the Parliament.
5) Leader of the Parliament: The Prime Minister has a special status both in the Government and in
the Parliament. This makes him/her the most powerful functionary. His/her position and powers
depend upon his/her personality. The Prime Minister is not only leader of the Parliament but also
leader of the nation. The Prime Minister has to secure the willing cooperation of all important
members of his/her own party.
6) Link between the President and the Cabinet: Prime Minister is the link between the President and
the Cabinet. The decisions of the Cabinet are conveyed to the President by the Prime Minister. It is
he who keeps the President informed of all the policies and decisions of the Government. No
Minister can meet the President without the permission of the Prime Minister.
7) Representative of a Nation: The President represents the country in the world arena, by
participating in the international meetings such as NAM, SAARC and United Nations. All
international agreements and treaties with other countries are concluded with the consent of the
Prime Minister. The President is the Chief spokesperson of the policies of the country.
8) Leader of a Nation: The Prime Minister is the leader of the nation. The nation looks to his/her for
guidance. At the time of any crisis, it is the Prime Minister whom the people look up upon for help
and support.
9) Co-ordination of Administration:- The Prime Minister co-ordinates the administration. Apart from
the overall co-ordination and supervision of the administration of the Union government, the Prime
Minister exercises special responsibility towards foreign, defense, finance, home and economic
affairs. In times of national and international crisis the nation looks towards him for information,
guidance and even encouragement.

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Collective Responsibility
Our Constitution clearly says that “The Council of Ministers shall be collectively responsible to ‘House of
the People’.” It actually means that the Ministers are responsible to the Lok Sabha not as individuals alone,
but collectively also. Collective responsibility has two implications. Firstly, it means that every member of
the Council of ministers accepts responsibility for each and every decision of the Cabinet. Members of the
Council of Ministers swim and sink together. When a decision has been taken by the Cabinet, every Minister
has to stand by it without any hesitation. If a Minister does not agree with the Cabinet decision, the only
alternative left to him/her is to resign from the Council of Ministers. Secondly, vote of no-confidence against
the Prime Minister is a vote against the whole Council of Ministers. Similarly, adverse vote in the Lok
Sabha on any government bill or budget implies lack of confidence in the entire Council of Ministers, not
only the mover of the bill.
Individual Responsibility
Though the Ministers are collectively responsible to the Lok Sabha, they are also individually responsible to
the Lok Sabha. Individual responsibility is enforced when an action taken by a Minister without the
concurrence of the Cabinet, or the Prime Minister, is criticised and not approved by the Parliament.
Similarly if personal conduct of a Minister is questionable and unbecoming he may have to resign without
affecting the fate of the Government. If a Minister becomes a liability or embarrassment to the Prime
Minister, he may be asked to quit.
No-Confidence Motion :- It is a motion moved by a member of legislature expressing no-confidence of the
House in the Council of Ministers. If adopted by the legislature, the Council of Ministers has to resign.

PARLIAMENT OF INDIA
The Parliament has two Houses–Rajya Sabha and Lok Sabha. Rajya Sabha is upper House and represents
the States of India while the Lok Sabha is lower House. It is also called popular House because it represents
the people of India. The President is an integral part of the Parliament though he is not a member of the
either House.

Rajya Sabha (Council of States)

Rajya Sabha or the Upper House of the Parliament is a permanent body as it cannot be dissolved. Rajya
Sabha is the body representing States in Indian Union. The elected members of the States’ Legislative
Assemblies elect the members of the Rajya Sabha on the basis of proportional representation through the
single transferable vote system. But all the States do not send equal number of members to the Rajya Sabha.
Composition: The membership of the Rajya Sabha cannot exceed 250. Out of these, the President
nominates 12 members on the basis of their excellence in literature, science, art and social service and the
rest are elected. At present its total membership is 245.
Qualifications
The qualifications for becoming a Rajya Sabha member are as follows:
1. He/she should be a citizen of India and at least 30 years of age.
2. He/she should make an oath or affirmation stating that he will bear true faith and allegiance to the
Constitution of India.
3. Thus according to the Representation of People Act 1951, he/she should be registered as a voter in the
State from which he is seeking election to the Rajya Sabha. But in 2003, two provisions have been made
regarding the elections to Rajya Sabha- (i) Any Indian citizen can contest the Rajya Sabha elections
irrespective of the State in which he resides; (ii) elections are to be conducted through open voting system.
Tenure
Every member of Rajya Sabha enjoys a safe tenure of six years. They are entitled to contest again for the
membership. One-third of its members retire after every two years. This system of election ensures
continuity in the working of Rajya Sabha.

Presiding Officers

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The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He/she presides over the
meetings of Rajya Sabha. In his absence the Deputy Chairman, who is elected by its members from amongst
themselves, presides over the meeting of the House. The Deputy Chairman can be removed by a majority of
all the then members of Rajya Sabha. But the Chairman (Vice-President) can only be removed from his
office by a resolution passed by a majority of all the then members of Rajya Sabha and agreed to by the Lok
Sabha.

Power and Functions of Rajya Sabha

i. Legislative powers: With regard to Ordinary Bills, it can be originated in the Rajya Sabha and if it
approves, the Bill will be transmitted to the Lok Sabha. If an Ordinary Bill is originated in the Lok
Sabha, after its approval that will be transmitted to the Rajya Sabha. The Rajya Sabha can only the
power to delay an Ordinary Bill approved by the Lok Sabha for a period of 6 months. If there is a
disagreement, a joint session will be convened to solve the dead lock. In case of joint sitting, the
position of the Rajya Sabha is weak, because of the numerical strength of the Lok Sabha.
ii. Executive Powers: In case of controlling the executive, the position of the Rajya Sabha is weak,
because the Council of Ministers is collectively responsible to the Lok Sabha. Though they present in
the Rajya Sabha, Pilot Bills, Answers Questions, They could not be removed by the Rajya Sabha by
passing a Non-Confidence motion.
iii. Financial Powers: Rajya Sabha being the Upper House does not possess co-equal powers with the
Lok Sabha in financial matters. No Money Bill will originate in the Rajya Sabha. If a Money Bill is
passed by the Lok Sabha, it will be transmitted to the Rajya Sabha, with the certificate of the
Speaker; The Rajya Sabha can only delay it for a period of 14 days. In case, a Money Bill is not
returned within that period, that will be treated as passed.
iv. Constituent Function:- The Rajya Sabha with the Lok Sabha, has the power to amend the
constitution. The amendment Bill can be introduced in either House of the Parliament.
v. Miscellaneous Function: Both Houses has an equal power in Constituent function; approval of
election of the President, Vice President, impeachment of the President, removal of the judges of
Supreme Court and High Court and also that of the Comptroller and Auditor General of India.
The position of the Rajya Sabha is not similar to that of the British House of Lords which is the weakest
chamber in the world and not comparable to that of the American Senate, which is the most powerful second
chamber in the world. It comes in a middle of the two upper chambers.

Lok Sabha (House of the People)

The House of the People is the Lower House of the Indian Parliament. Article 81 of the Indian Constitution
deals with the composition of the House. The present strength of the Lok Sabha is 545(State 525, Union
Territory 18).Out of this if the President feels that the Anglo Indian Community is not fairly represented, he
could nominate 2 persons from that community to the Lok Sabha.
Qualifications
Elections to the Lok Sabha are held on the basis of the Universal Adult Franchise. But in order to chosen as
a member of the Parliament a person
1. Must be a citizen of India.
2. Must complete 25 years of age.
3. He has resided in the constituency for a minimum period as prescribed by law.
4. Sound Mind
5. He should not otherwise be disqualified to become a member of the Lok Sabha.
6. He should not hold any office of profit either in the Central Government or State Government.
.
Term
The Constitution has fixed the normal life of Lok Sabha at 5 years. The House may be dissolved before the
expiry of its normal term by the President. Normal term of the House may be extended by an Act passed by
Parliament.
Powers and Functions of the Lok Sabha

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Legislative Powers:- Though Non-Money (Ordinary) Bills can be introduced in either House of Parliament,
Money Bills can be introduced only in the Lok Sabha. Whether a Bill is a Money Bill or not will be decided
by the Speaker. With regard to Money Bills, the Upper House cannot reject or amend it by virtue of its own
powers. Upper House must return it with or without comments within 14 days. In case the bill is not
returned within 14 days, it is treated to have been passed by the Upper House.
In case of Non-Money Bills, if there is a disagreement between the two Houses, the President may summon
or joint sitting of both the Houses to settle the differences. In addition to this, the Lok Sabha can also
legislate on Concurrent list and residuary powers.
Executive Function:- The Constitution makes the Council of Ministers individually and collectively
responsible to the Lok Sabha. It can remain in power as long as it enjoys the confidence of the majority of
the House, as soon as the confidence is lost, the minister is supposed to resign. Apart from this the House
controls the executive by using the Question Hour, by moving Calling Attention Motion, by moving
Adjournment Motion, Criticize the Executives during debates, Zero Hour and by moving the Non -
Confidence Motion. When a Non-Confidence Motion is passed by the House, the entire Ministry is expected
to resign.
Constituent Function:- The Lok Sabha or with the Rajya Sabha, has the power to amend the constitution.
Though the amendment Bill can be introduced in either House, in fact all the important constitutional
amendment Bills have so far been introduced in the Lok Sabha.
Financial Function:- Being custodian of national finance, it controls Contingency Fund of India. It can
borrow money from the Foreign Nations. It empowers the RBI to raise loans from the Indian Public. It also
decides about the taxes which should be levied and those already in forces should be reduced or abolished.
The sanctioning (Appropriation Act) of the expenditure in the exclusive privileges of the Houses of the
People.
Electoral Function:- In the Election of the President and Vice-President, the House has a significant role.
It also elects the Speaker, Deputy Speaker and panel of Chairmen to preside over its meetings and members
and Chairman of various Parliamentary Committees.
Judicial Powers:- The House of the People enjoys some judicial powers. It sits as a Court of Law, when it
discusses motion for the removal of judges of the Supreme Court and High Court, or disposes of a motion of
the impeachment against the President of India. Its approval is also necessary for the removal of Vice-
President.
Diplomatic Powers:- The executive enters into International treaties from time to time. These treaties cast
certain obligations on the People of India. It is the responsibility of the Lok Sabha to ensure that adequate
steps are taken to see that their obligations are fully discharged.

Functions and Powers of the Speaker of Lok Sabha

The functions and authority of the speaker in India resembles more or less to that of the speaker of the
British House of Commons. The speaker exercises his powers and functions partly under the Constitution
and partly under the Rules of procedure of the House.
His foremost duty is to see that there is decorum and discipline in the House is conducted in an orderly
manner and in accordance with the minister of the House. In the House when the speaker stands, all
members are supposed to sit and listen to him patiently. All members are supposed to address him only,
while participating in the debate.
All Bills passed by the House are authenticated by his signature before they are sent to the Council of States
for its consideration to the President for his assent. The speaker is the channel of communication between
the House and the President.
The speaker certifies whether a particular Bill is a Money Bill or a Non Money Bill. This is important
because Money Bills can’t be introduced in the Rajya Sabha and that Rajya Sabha can’t delay its passage
beyond 14 days.
The speaker decides about the admissibility of resolutions, questions, and motions. He decides what time
should be allotted to each item on the agenda. He is the only authority to decide who shall hold the floor and
speak. The speaker is expected to the judicious conduct of debates.

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As presiding officer of the House, he conducts its proceedings. He does not participate in the deliberation o f
the House except in the discharge of his duties. Usually the speaker will not cast his vote. But during ties, he
exercises a casting vote to resolve the deadlock.
The speaker is the custodian of rights and privileges of the members of the Lok Sabha. His authority in the
proceedings of the House and over the galleries is final. No persons can enter the House or galleries without
his permission.
The speaker presides over the joint sittings of both Houses of Parliament.
Thus the speaker of the Lok Sabha has immense responsibilities and powers as well. But the speaker can
discharge his duties and responsibilities only when he enjoys the confidence of the House including the
opposition parties.
LAW MAKING PROCEDURE
The Constitution does not provide a detailed legislative procedure. The lengthy procedure of law making
have made by the Parliament. These rules prescribes an identical procedure in both the House of the
Parliament. A legislature proposed to be introduced in the Parliament is known as “Bill”. Bills can be
classified into two- Government Bills and Private Bills. The Government Bill can be further divided into
two- Money Bills and Non-Money Bills. The Bills introduced in the House by the Minister is known as
Government Bills and the member other than the Ministers is known as Private Member Bill.
Every Bill, for become a law has pass through five different steps as follows:-introduce it in the House. At
this stage, simply the detail of the Bill is read and a very brief speech is made explaining the intention of the
Bill. If the Bill has a controversial nature, the speaker permits the opposition to express its opinions. The
copy of the Bill will be distributed among the members and publish it in the “Gazette of India”.
Second Stage: Second Reading:- In the second stage, the Bill is discussed at great length. The mover of the
Bill elaborates the intention of the proposed measure. The members opposing it criticize and attack the Bill.
In this stage the mover of the Bill may forward a motion that the Bill may be referred to a Select Committee/
Joint Select Committee. When it is decided that the Bill be referred to the committee, it is called Committee
Stage.
Third Stage: Committee Stage:- The committee examines the Bill thoroughly and in detail. The committee
has full power to summon any person, hear experts, verify the document, and to make suggestions for the
improvement of the Bill. After expertise analysis, the committee prepares its report and transmits it to the
House.
Fourth Stage: Report Stage:- The report consists of two parts- The points the committee consider to be
incorporated in the Bill and the Bill is amended by the committee. The Bill at this stage will be debated
clause by clause and amendment as moved. Each clause and amendment is put to vote of the House, if the
amendments are approved by the House by a majority it become a part of the Bill.
Fifth Stage: Third Reading:- The debate on the Bill during this stage is of a restricted character, because
the Bill has already been discussed clause by clause during the previous stage. The points left untouched
during the second stage are raised during this stage. The motion is then put and voted upon. If a majority of
the members presents and voting supports it, the Bill is deemed to have been passed by the House of its
origin.
The Bill in the Other House:- After adopted by the House in which the Bill was originated; transmitted to
the other House. The Bill has to undergo the same procedure in the other House also.
If it agrees with the proposal, it approves it. Sometime they make some amendments to the original proposal
and sent back the Bill with their recommendations. In this situation, perhaps they accept it. Then the Bill
goes to the President for his assent.
In case of a disagreement between the two Houses, it will be settled in a Joint Sitting. In a Joint Sitting, the
Lok Sabha’s position will be vindicated, because of the numerical strength.
Assent by the President:- After passing the Bill by the two Houses, it is presented to the President for his
assent, since no bill can be an Act, unless assented by the President. The President may give his assent or
withhold it, or return it for reconsideration of the House with his recommendations. When the Bill so
returned, the Parliament may reconsider it and passed by the two Houses with or without amendments and
presented to the President for his assent. In this context, the President has no option, but to assent the Bill. A
Bill thus becomes law.

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 Supreme Court of India
The Supreme Court is the highest judicial authority of India.
Composition:It consists of the Chief Justice and 25 other judges. The Parliament may increase the number
of judges if it deems necessary. To begin with, besides the Chief Justice, there were only 7 other judges. The
Parliament has increased the number of judges from time to time. As in 2005, there are 25 judges besides the
Chief Justice who is also called the Chief Justice of India.
Appointment: The Chief Justice and other judges of the Supreme Court are appointed by the President of
India. While appointing the Chief Justice, the President is constitutionally required to consult such other
judges of the Supreme Court as he deems proper, but outgoing Chief Justice is always consulted. Normally,
the senior most judge of the Supreme Court is appointed as the Chief Justice of India, although there is no
constitutional requirement to do so. While appointing other judges, the President is bound to consult the
Chief Justice and other senior judges, if he deems proper.
Qualifications,
A person is qualified for appointment as a judge only he/she is a citizen of India and if he/ she fulfils one of
the following conditions:
a) he/she has been for at least five years a Judge of as High Court or two or more than two such courts; or
b) he/she has been for at least ten years an advocate of a High Court or of two or more than two such courts;
or
c) he/she is, in the opinion of the President, a distinguished jurist.
Tenure
The Chief Justice of India and other judges of the Supreme Court hold office till they attain the age of 65
years. A judge may voluntarily resign before expiry of his term. In exceptional cases a Supreme Court judge
may be removed before the age of retirement, according to the procedure laid down in the Constitution.
Removal
A judge of the Supreme Court can be removed from office by an order of the President passed after an
address by each House of the Parliament supported by a majority of total membership of the House and not
less than two-third majority of the members of the House present and voting, passed in the same session, has
been presented to the President for such removal on the ground of proved misbehavior or capacity.
Jurisdiction of the Supreme Court
The Supreme Court has three types of jurisdictions namely original, appellate and advisory.
Let us now examine the three jurisdictions.
1. Original Jurisdiction
There are certain cases which fall within the exclusive jurisdiction of the Supreme Court. It means that all
such cases begin or originate in the Supreme Court, only. The cases or disputes that come under the original
jurisdiction are given below:
(i) (a) Disputes between the Government of India on the one side and one or more States on the other side.
(b) Disputes between the Government of India and one or more States on one side and one or more States on
the other side.
(c) Disputes between two or more States.
(ii) The Supreme Court has been invested with special powers in the enforcement of Fundamental Rights. In
this connection, it has the power to issue directions or writs.
2. Appellate Jurisdiction
The power of a superior/higher court to hear and decide appeals against the judgment of a lower court is
called appellate jurisdiction. The Supreme Court has vast appellate jurisdiction. It hears appeals against the
judgment of the High Courts. Thus, it is the highest and the final Court of Appeal. If one of the parties to a
dispute is not satisfied with the decision of the High Court, one can go to the Supreme Court and file an
appeal. The appeals can be filled in Civil, Criminal and Constitutional cases.
(i) Appeals in Civil Cases
Disputes relating to property, marriage, money, contract and service etc are called civil cases. If a civil case
involves a substantial point of law of public importance needing interpretatation of the Constitution or law,
an appeal against the High Court decision can be made to Supreme Court.
(ii) Appeals in Criminal Cases

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An appeal may be brought to the Supreme Court against a High Court decision in a criminal case in a
number of situations.
(iii) Appeals in Constitutional Cases
A constitutional case is neither a civil dispute, nor concerning a crime. It is a case arising out of different
interpretations of Constitution, mainly regarding the fundamental rights. In such Constitutional Cases an
appeal can be taken to the Supreme Court only if a High Court certifies that the matter in dispute involves a
substantial question of law.
3. Advisory Jurisdiction
This power implies Court’s right to give advice, if sought. Under advisory jurisdiction, the President of India
may refer any question of law or public importance to Supreme Court for its advice. But the Supreme Court
is not bound to give advice. In case, the advice or the opinion of the Court is sent to the President, he may or
may not accept it. The advice of the Court is not binding on the President.
4. Miscellaneous
(i) Guardian of the Constitution: The Constitution of India is the supreme law of the land and the Supreme
Court is its interpreter and guardian. It does not allow the executive or the Parliament to violate any
provision of the Constitution.
(ii) Protector of Fundamental Rights: The Supreme Court has concurrent right with the High Courts to
issue directions, orders and writs for enforcement of fundamental rights. These are in the nature of the writs
of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. These writs make the
Supreme Court a protector and guarantor of fundamental rights.
(iii) Review of Its Own Judgment: If the Supreme Court discovers that there are some new facts or
evidences or if it is satisfied that some mistake or error took place in its previous decision, it has the power
to review the case and alter its previous decisions. This is generally done when a review petition is filed.
(iv) A Court of Record: The Supreme Court is a Court of Record. It has two implications. All its decisions
and judgments are cited as precedents in all courts of the country. They have the force of law and are
binding on all lower Courts, and indeed the High Courts.

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