The Mother’s International School
Subject-Political Science
Chapter- Working of Institutions
THE PARLIAMENT (Legislature of the Union)
• The Parliament consists of the President and two Houses: the Council of States (Rajya
Sabha) and the House of the People (Lok Sabha).
• Each House must meet within six months of its previous meeting. In an emergency,
both Houses can be called for a joint sitting by the President.
RAJYA SABHA
• The Rajya Sabha has a maximum of 250 seats, as provided by the Constitution.
• Currently, it has 245 seats: 233 are for representatives of states and Union Territories
(UTs), and 12 are for nominees appointed by the President for their contributions to various fields.
• Elections to the Rajya Sabha are indirect. Members representing the states and UTs
are elected by the elected members of the State Legislative Assemblies through the system of
proportional representation by means of the single transferable vote.
• The Rajya Sabha is a permanent House and cannot be dissolved. One-third of its
members retire every two years, and their replacements are elected for a term of six years.
• The Vice President of India is the ex-officio Chairman of the Rajya Sabha, and a Deputy
Chairman is elected from among its members.
Current Vice President (Chairman of Rajya Sabha): Jagdeep Dhankhar
LOK SABHA
• The Lok Sabha has a maximum strength of 552 seats, as provided by the Constitution.
Of these, 530 are for representatives of states, 20 for representatives of UTs, and 2 for Anglo-Indians
(though this provision has been abolished by the 104th Constitutional Amendment Act, 2019). As of
now, the current strength of the Lok Sabha is 543 members.
• Elections to the Lok Sabha are direct, and all eligible voters (under universal adult
franchise) can vote in their respective constituencies.
• The term of the Lok Sabha is five years from its first meeting unless dissolved earlier.
During a national emergency, this term may be extended by law for a period not exceeding one year
at a time.
• The Speaker and Deputy Speaker, elected from among the members of the Lok Sabha,
preside over its sessions.
Current Speaker of Lok Sabha: Om Birla
SESSIONS OF THE PARLIAMENT
• A session is a period during which either House of Parliament meets. The interval
between two sessions cannot exceed six months. If the Houses fail to meet within this period, the
President may summon them.
By convention, the Parliament meets three times a year:
• Budget Session: February–May
• Monsoon Session: July–September
• Winter Session: November–December
POWERS AND FUNCTIONS OF THE PARLIAMENT
i) Legislative Powers
• An ordinary bill becomes law only after being passed by both Houses and receiving the
President’s assent.
• If a bill is introduced in the Lok Sabha, it is sent to the Rajya Sabha for consideration. If
the Rajya Sabha rejects or amends the bill, the Lok Sabha may reconsider it. If a deadlock arises, the
President may summon a joint sitting of both Houses to resolve the issue.
• A money bill can only be introduced in the Lok Sabha.
ii) Executive Powers
• Members of both Houses can question ministers about the policies and functioning of
their departments.
• The Lok Sabha holds more power than the Rajya Sabha, as it can adopt motions such
as: Adjournment Motion, Censure Motion and No-Confidence Motion
iii) Financial Powers
• Money bills can only be introduced in Lok Sabha by the Prime Minister or any other
minister. Rajya Sabha can suggest amendments but cannot reject a money bill. If the Rajya Sabha
does not return it within 14 days, the Lok Sabha can send the bill to the President for approval.The
President cannot reject a money bill once it is passed by the Lok Sabha and sent to them.
• No taxes can be imposed, collected, changed, or abolished without the approval of the
Lok Sabha.
• The Lok Sabha’s consent is required for implementing the government’s fiscal policies
(related to revenue and expenditure).
iv) Electoral Functions
• The election of the President involves both Lok Sabha and Rajya Sabha members.
Additionally, the election of the Vice President is carried out by members of both houses of
Parliament.
• The Speaker and Deputy Speaker of the Lok Sabha are elected by its members.
• Impeachment proceedings against the President can be initiated in either House of
Parliament and require a two-thirds majority of the members present and voting in both Houses. Both
Houses participate in the removal of judges of the Supreme Court and High Courts.
COMPARATIVE POSITION OF THE TWO HOUSES OF THE PARLIAMENT
In a parliamentary system, the lower house generally plays a more important role. Accordingly, in our
country, the Lok Sabha is more powerful and effective. The following points are important for
understanding the comparative position of both houses:
i) Election and Composition: The Lok Sabha is directly elected by the people and is considered the
true representation of the Indian population. On the other hand, the Rajya Sabha is indirectly elected
by the members of the State Legislative Assemblies and by members of the Legislative Assemblies of
Union Territories, as well as by members of the Lok Sabha. Furthermore, the Rajya Sabha is a
permanent body, whereas the Lok Sabha is elected for a fixed term of five years, after which it may
be dissolved. Its term can be cut short in exceptional circumstances.
ii) Legislative Powers: In the case of an ordinary bill, both houses have equal powers. However, if
differences arise between the two houses and a joint sitting is convened, the Lok Sabha holds an
upper hand due to its larger membership, which is more than double that of the Rajya Sabha.
iii) Control Over the Council of Ministers: In terms of controlling the Council of Ministers, the Lok
Sabha is more effective. The Rajya Sabha can influence government policies through debates and
criticism, but only the Lok Sabha has the power to pass a no-confidence motion. If the motion passes,
the entire Council of Ministers must resign.
iv) Constitutional Amendments and Key Appointments: Both the Rajya Sabha and the Lok Sabha
hold similar powers when it comes to constitutional amendments, the election of the President and
Vice President, and the impeachment or removal of the President, Vice President, Chief Justice, and
Judges of the Supreme Court and High Courts.
v) Financial Powers: In financial matters, the Lok Sabha has the upper hand. However, it is only the
Rajya Sabha that has the power to initiate the creation of an All India Service and to declare a subject
in the State List to be of National Importance.
In light of the above comparison, the Lok Sabha is undoubtedly more powerful than the Rajya Sabha.
However, it would not be appropriate to regard the Rajya Sabha merely as a secondary chamber, as
it plays a vital role in the legislative process, representing the interests of states and regions in India.
EXECUTIVE
Political: President, Prime Minister (PM), Council of Ministers (COM)
Permanent: Bureaucratic Officers
It implements and enforces the law on behalf of the constitutional head of the State.
Political Executive
It consists of political leaders who are elected by the people for a specific term. It includes the
Prime Minister and the Council of Ministers.
They have more powers and the final say in important decisions, as they are the
representatives of the people.
They have no fixed term, as they can be removed through a No-Confidence Motion.
The Prime Minister can reshuffle ministerial departments or remove ministers at any time.
No specific educational qualification is required to become a political executive. Through
elections, one becomes a member of Parliament.
Permanent Executive
It includes individuals who are appointed on a long-term basis. It is also called the
Bureaucracy.
Since they are appointed for a fixed term, they are referred to as permanent executives.
They have specialized skills and knowledge of a particular department. Independent agencies
conduct examinations to select them, followed by training to equip them with the necessary
skills for bureaucracy.
Council of Ministers
They are formally appointed by the President but selected by the Prime Minister. They are
formed to help and advise the President, who acts based on their advice.
Ministers are divided into three categories:
1. Cabinet Ministers: These ministers are senior members of the government and are present at
every meeting of the Cabinet. They hold important portfolios and are responsible for major
government policies and decisions.
2. Ministers of State with Independent Charge: These ministers do not work under a Cabinet
Minister and have independent charge of a specific ministry or department. They are invited to
attend Cabinet meetings when matters related to their department are discussed.
3. Ministers of State: These ministers do not have independent charge of any department and
work under the direction of a Cabinet Minister. Their duties are assigned by the respective
Cabinet Minister.
Prime Minister (PM)
Powers and Functions of the Prime Minister
The PM is the keystone of the Cabinet and shoulders the responsibility of directing and forming
government policies.
The PM decides which ministers will form the Council of Ministers, their ranks, and their
portfolios. When the PM has an absolute majority in the Lok Sabha, he is more powerful than
when heading a coalition government.
As the head of the Council of Ministers, the PM must work in accordance with the principles of
team spirit and collective responsibility. He needs to defend his ministers on the floor of the
House if a question is raised.
All ministers are accountable to the Prime Minister. The Prime Minister has the authority to
advise the President to remove a minister who is inefficient or no longer in his favour.
Every decision of the ministers must be communicated to the PM. The government cannot
function if ministers do not have the PM’s support for their policy implementation.
If the PM and the Council of Ministers face a crisis due to their inability to answer questions or
implement policies, it could lead to a vote of no confidence. If passed, the President, on the
advice of the PM, can dissolve the Lok Sabha and call for fresh elections.
While the Constitution grants the President executive authority to rule the country, it is
exercised on the aid and advice of the Prime Minister and the Council of Ministers, which is
binding. In case of serious misconduct or violation of constitutional duties, the President may
be impeached through a process outlined in the Constitution.
President
In a parliamentary government, there is often a difference between theory and practice. The theory
states that all constitutional powers are vested in the President, who acts according to the aid and
advice of the Prime Minister and the Council of Ministers (Article 74). However, in practice, the Prime
Minister and the Council of Ministers wield more power, a shift formalized by the 42nd Amendment to
the Constitution. If the President has a difference of opinion with the advice of the Prime Minister, he
may request reconsideration. However, once the advice is resubmitted, the President must accept it.
Role and Function of the President
i. Executive Functions
The most important function is the appointment of the Prime Minister and the Council of
Ministers. The President has certain discretionary powers until the PM is appointed (e.g., in the
case of coalition disputes).
Appointment of governors of states and Lieutenant Governors of union territories.
Appointment of the Chief Justice of India and judges of the Supreme Court and High Courts.
Appointment of the chairman and members of independent commissions, like the Election
Commission (EC), Union Public Service Commission (UPSC), and National Human Rights
Commission (NHRC), etc.
As the Commander-in-Chief of the Defence Forces, the President appoints the Chiefs of the
Army, Navy, and Air Force.
The President declares wars and makes peace declarations. They also sign international
treaties and agreements.
ii. Legislative Functions
The President summons, prorogues, and adjourns both houses of Parliament and can dissolve
the Lok Sabha before the completion of its term. They can also extend the term of the Lok
Sabha during a national emergency.
The President can issue ordinances when Parliament is not in session to address urgent
issues
No bill can become a law until the President has signed it.
iii. Financial Functions
The President gives prior consent to the introduction of a money bill.
The budget is introduced in Parliament in the name of the President.
The President appoints the Chairman and members of the Finance Commission and the
Comptroller and Auditor General (CAG).
The President can declare a financial emergency if there is a threat to the financial stability or
credit of India.
The President controls the Contingency Fund, which is used for unforeseen crises.
iv. Judicial Functions
The President appoints the Chief Justice of India and judges of the Supreme Court and High
Courts.
The President enjoys the prerogative of mercy, meaning they have the power to change
judgments.
The President can seek the advice of the Supreme Court on matters of public importance, but
this advice is not binding.
EMERGENCY POWERS
Constitutional
Type Of Emergency Provision Grounds Effects
National Emergency Article 352 War, external Fundamental
aggression, rights
internal suspended, term
of lok sabha
disturbances
extended by 1
44th Amendment year at a time,
in the Const 1978 federal system is
replaced internal suspended and
disturbances with converted into
armed rebellion. unitary structure
State Emergency Article 356(most The breakdown Eg
misused article as it of the internal 1962,1965,1971,
allows the govt to to const machinery 1975.State
extend its control over of the state(has assembly is
state govts and been declared dissolved, the
against different over 100 govt headed by
parties times)misused by CM is dismissed.
central govt The governor
acts as the
representative of
the center
Financial Emergency Article 360 Financial crisis in Curtails the
the country or salary of the govt
any part of the employees,
country Adopt any
measure to
improve the
financial
situation.
