Unit-2 Union Government

Structure of Union Government: The Union Government of India, also known as the
Central Government, is the governing authority at the national level. It is composed of three
main branches, ensuring a system of checks and balances.
1.​ The Executive includes the President, Prime Minister, and the Council of Ministers,
responsible for implementing laws.
2.​ The Legislature, consisting of the Lok Sabha and Rajya Sabha, makes and amends
laws.
3.​ The Judiciary, headed by the Supreme Court, interprets laws and ensures their
alignment with the Constitution.These branches are as describe in figure below:

(note: Executive responsibility is to pass laws made by legislature.

Judiciary responsibility is to solve conflicts between executive and
legislature or other public related conflicts)

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Union Executive-President, Vice President, Prime Minister, Council of
Minister
Union Executive of India consists of the President, Head of the State, Vice-President & Prime
Minister. Union Executive provides supervision to the Indian Government and is considered the
most significant official Government branch concerning practice, while primacy belongs to the
Legislature. The Indian Parliament’s three members who make laws and oversee all
administrative tasks make up the Union Executive.

Union Executive Meaning: There is a fundamental link between the Union Executive and the
State Executive. The Union executive duty to implement legislation passed by the Legislature
and it coordinates with the governing party Ministers who make policy judgements. In
comparison, the State Executive is the portion of the state administration which implements
laws and is answerable to the government of the state.

Union Executive Composition and Structure: The ministries and the departments help to
operate the administration successfully along with Legislature and directorate. All executive
members’ responsibilities and qualifications are further discussed. The union’s executive is
made up of:
●​ President (De Jure Head or Nominal or titular executive)
●​ Vice-president
●​ Prime Minister (De Facto Head or Real Executive).
●​ Attorney General
●​ Council of Ministers

President: The Indian President is the head of the country and the first citizen of India. He
represents the nation’s unity and integrity. The President is part of the Union Executive, which
also includes the Vice-President, Prime Minister, Council of Ministers, and Attorney General of
India. The President’s Office was established as soon as the constitution was ratified on 26
November 1949. He is a member of the Union Executive whose provisions are covered by
Articles 52 to 78, Part V, which includes an article about the President (Article 52-62).

■​ The Constitution of India, 1950 (COI) provides a detailed framework for the election, powers,
and functions of the President, ensuring a balance between ceremonial duties and
substantial powers in times of necessity.
■​ The President of India is the executive head of State and the supreme commander of the
Indian Armed Forces.
■​ All the executive business of the country are carried out in the name of the president.
■​ Article 52 of the COI states that there shall be a president.
Election of President (Article 54): The President shall be elected by the members of an
electoral college consisting of:

○​ Elected members of both houses of Parliament; and

○​ Elected members of the legislative assemblies of the States.

Manner of Election (Article 55): Article 55(3) of the COI states that the election of the
president shall be held in accordance with the system of:

○​ Proportional representation by means of single transferable vote,

○​ Voting at such election shall be by secret ballot.

Term of office of President (Article 56): Article 56 of the COI states that the president shall
hold office for a term of five years unless:

○​ His successor enters upon his office,

○​ President resigns his office by writing under his hand addressed to the Vice- President,
○​ The President is removed from his office for violation of the Constitution by impeachment in
the manner provided in article 61.

Qualifications for Election as President (Article 58): Article 58 of the COI states that no
person shall be eligible for election as President unless he:

○​ is a citizen of India,
○​ has completed the age of thirty-five years, and
○​ is qualified for election as a member of the House of the People.
●​ A person shall not be eligible for election as President if he holds any office of profit under:
■​ The Government of India,
■​ Government of any State
■​ Any local or other authority subject to the control of any of the said governments

Conditions of President’s office (Article 59)

■​ The President shall not be a member of either House of Parliament or of any other
House of the Legislature of any State.
■​ The President shall not hold any other office of profit.
■​ The President shall be authorized to use his official residences without rent.
 ■​ The emoluments and allowances of the President cannot be diminished or reduced
during his term of office.

Oath and Affirmation (Article 60)

■​ Every President and every person acting as President, before entering upon his office,
takes oath in the presence of the Chief Justice of India or, in his absence, the
senior-most judge of the Supreme Court.

Procedure for Impeachment of the President (Article 61)

■​ A President can be impeached for violation of the Constitution based on charge

preferred by either house of Parliament.
■​ No such charge shall be preferred unless:
■​ such charge contained in resolution has been moved after at least fourteen days' notice
in writing.
○​ such resolution must be signed by not less than one-fourth of the total member of
the House
○​ such a resolution has been passed by a majority of not less than two-thirds of the
total membership of the House.
○​ When a charge has been preferred by either House of Parliament, the other
House shall investigate the charge
■​ The President shall have the right to appear and represented at such investigation.
■​ The House investigating the charges when pass the resolution by a two-thirds majority
and sustain the charges, it results in removing the President from his office from the date
of passing of the resolution.

Time of holding Election to fill Vacancy in the office of President (Article 62)

■​ Article 62 states that an election to fill the vacancies must be fulfilled before the
expiration of the term of the office of the President.
■​ An election to fill the vacancies, occurring due to the death, resignation or removal of the
President, must be done as soon as possible.
 ■​ The elections must be conducted within six months from the date of occurrence of the
vacancy.

Powers of the President: The powers of the President in India are described in detail in
the following sections.
1.​ Executive Power : Article 53 states that all the executive power of the Union will be
vested in the President of India. President shall be the Supreme commander of all the
Armed forces of the State.
2.​ Legislative Powers:
○​ Article 79: The President is part of Parliament along with the Lok Sabha and
Rajya Sabha.
○​ Article 85: The President may from time to time Summons, prorogues the
Housed or either house, or dissolves the House of the People.
○​ Article 86: The President may address both Houses of Parliament and can send
messages.
○​ Article 111: A President shall either give assent to bills, which then become law,
or withholds assent or returns the bill for reconsideration.
○​ Article 123: Promulgates ordinances when Parliament is not in session, having
the same force and effect as laws passed by Parliament.

3. Pardoning Power (Article 72): The President shall have the power to grant pardons,
reprieves, respites or remissions of punishments or to suspend, remit or commute the sentence
given to a person by the court in the following cases:

○​ When the sentence is granted by a Court-martial;

○​ When the punishment or sentence is given for offence against violation of any
law relating to matters to which the executive power of the Union extends;
○​ When a death sentence is passed by a court.

4. Emergency Powers: The COI grants President three kinds of emergency powers and they
are as follows:

○​ The President may proclaim national emergency due to war, external aggression,
or armed rebellion. (Article 352)
 ○​ The President may impose President's Rule in a state if the state government is
unable to function according to the provisions of the Constitution. (Article 356)
○​ The President may declare a financial emergency if the financial stability or credit
of India is threatened. (Article 360)

5. Judicial Powers: Under Article 143 of the COI the President have the power to seek the
advice Supreme Court on:

○​ Legal matters
○​ Constitutional matters
○​ Matter of Public importance

Vice-President: The Vice-President of India is the second highest constitutional office in India.
Article 63 of the Constitution of India, 1950 (COI) states that there shall be a Vice-President of
India.

Ex - Officio Chairman of the Council of States

■​ Article 64 of the COI states that the Vice-President shall be ex officio Chairman of the
Council of the States and shall not hold any other office of profit.
■​ Provided that during any period when the Vice-President acts as President or discharges
the functions of the President under Article 65 of COI, he shall not perform the duties of
the office of Chairman of the Council of States and shall not be entitled to any salary or
allowance payable to the Chairman of the Council of States under Article 97 of COI.

Qualification for the Office of Vice-President: Clause (3) of Article 66 of the COI lays down
that a person to be eligible for the office of Vice President, must possess the following
qualification:

○​ Should be a citizen of India.

○​ Should have completed 35 years of age.
○​ Should be qualified for election as a member of the Rajya Sabha.
○​ Should not hold any office of profit under the Union government or any state
government or any local authority or any other public authority.
Election of the Vice-President: As per Article 66 of the COI, the Vice-President is elected by
the members of the Electoral College.The electoral committee members, which consists of
Rajya Sabha and Lok Sabha members, elect the vice president. The state legislature has no
part in the vice president election process.

■​ Electoral College consists of:

○​ Elected members of Rajya Sabha
○​ Nominated members of Rajya Sabha
○​ Elected members of Lok Sabha

Oath by the Vice-President: As per Article 69 of the COI, every Vice-President shall, before
entering upon his office, make and subscribe before the President, or some person appointed in
that behalf by him, an oath or affirmation.

Term of the Office of the Vice-President: As per Article 67 of the COI, the Vice-President shall
hold office for a term of five years from the date on which he enters upon his office. He shall
continue in his office even after the expiration of his term until his successor enters upon his
office.

Resignation of the Vice-President: As per Article 67 of the COI, the Vice-President may, by
writing under his hand addressed to the President, resign his office.

Removal of the Vice-President: A Vice-President may be removed from his office by a

resolution of the Council of States passed by a majority of all the then members of the Council
and agreed to by the House of the People; but no resolution for the purpose of this clause shall
be moved unless at least fourteen days' notice has been given of the intention to move the
resolution.

Act as the President:

■​ As per Article 65 of the COI, the Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the absence, of President.
■​ In the event of the occurrence of any vacancy in the office of the President by reason of
his death, resignation or removal, or otherwise, the Vice-President shall act as President
until the date on which a new President elected in accordance with the provisions of this
Chapter to fill such vacancy enters upon his office.
■​ When the President is unable to discharge his functions owing to absence, illness or any
other cause, the Vice-President shall discharge his functions until the date on which the
President resumes his duties.
 ■​ The Vice-President shall, during, and in respect of, the period while he is so acting as, or
discharging the functions of, President, have all the powers and immunities of the
President and be entitled to such emoluments, allowances and privileges as may be
determined by Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second Schedule.

NOTE:
●​ Jagdeep Dhankhar is serving as India’s 14th Vice President since August 11, 2022.
●​ Sarvepalli Radhakrishnan served as India’s first vice president from May 13, 1952, to
May 12, 1957.
●​ From August 11, 2007, until August 11, 2017, Mohammad Hamid Ansari was the only
vice president to hold the position for ten years.
●​ Venkaiah Naidu, who held the position under Ram Nath Kovind’s presidency from
August 11, 2017, until August 11, 2022, was the previous vice president of India.

Prime Minister: Prime Minister is referred to as the de facto executive as he is the real
executive authority. Article 75 says that the Prime Minister shall be appointed by the president.
The Prime Minister can be a representative of either House of the Parliament.According to the
conventions of the parliamentary form of government, the President must designate the leader
of the majority party in the Lok Sabha as Prime Minister. The Council of Ministers, headed by
the Prime Minister, is collectively responsible to the Lok Sabha.
●​ The prime minister is both the head of government and the real executive of the Indian
system.
●​ Article 74 states that “There shall be a Council of Ministers with the Prime Minister at the
head to aid and advise the President.”
●​ Article 75 mentions three things:
○​ The President appoints the PM and other ministers are appointed by the
President on the advice of the PM
○​ Ministers hold their office during the pleasure of the President;
○​ The Council of Ministers is collectively responsible to the Lok Sabha.
●​ Article 78 states that the Prime Minister communicates all decisions made by the council
of members to the President.
●​ The President can also refer issues for the consideration of the council of members.

Prime Minister - Appointment

●​ Indirect election: The Prime Minister is appointed by the President.

 ●​ The President must designate the leader of the majority party in the Lok Sabha as Prime
Minister in line with the norms of the parliamentary form of government.
●​ However, if no party has a clear majority in the Lok Sabha, the President may use his
own discretion in selecting and appointing the Prime Minister.
●​ In such a case, the President normally selects the Prime Minister as the leader of the
largest party or coalition in the Lok Sabha and instructs him to seek a vote of confidence
in the House within a month.
●​ The President used this discretion for the first time in 1979, when Neelam Sanjiva Reddy
(then President) named Charan Singh (the coalition leader) as Prime Minister following
the fall of the Janata Party administration led by Morarji Desai.
●​ There is one further case in which the president may have to use his discretion in
selecting and appointing the Prime Minister.
●​ However, if the governing party elects a new leader after the death of an existing Prime
Minister, the President has no choice but to appoint him as Prime Minister.(Appointed
Rajiv Gandhi as PM after the death of Indira Gandhi, by then President Zail Singh).
●​ According to the Constitution, the Prime Minister may serve in either of the two Houses
of Parliament.
●​ Three Prime Ministers, for example, were Rajya Sabha members: Indira Gandhi (1966),
Deve Gowda (1996), and Manmohan Singh (2004).

Qualifications

●​ He must be a citizen of India.

●​ He must be a member of either Rajya Sabha or Lok Sabha at the time of taking oath or
should be a member of any house within six months.
●​ He should have completed his 30 years if he is a member of the Rajya Sabha or can be
25 years of age if he is a member of the Lok Sabha

Oath or Affirmation of the Vice-President

●​ Before entering upon his office, the Prime minister has to make and subscribe to an oath
or affirmation.
●​ The President of India administer the oath of office to the Prime Minister

Terms of Office

●​ The term of office of the PM is not fixed.

●​ The Prime Minister holds office during the pleasure of the President.
 ●​ President can’t dismiss the PM, he can hold the position till he enjoys the majority in the
Lok Sabha,
●​ He must resign if he loses the confidence in Lok Sabha.

Salary and allowance

●​ The Prime Minister's salary and allowances are set by Parliament on a regular basis.
●​ He is paid the same salary and allowances as a member of Parliament.
●​ He also receives a sumptuary allowance, free housing, a travel allowance, medical care,
and other benefits.

Power And Functions Of The Prime Minister: With Respect to the Council of Minister

●​ The PM recommends a person to the President for appointment as ministers.

●​ Portfolio allocation: The Prime Minister has the ability to appoint Ministers to portfolios.
●​ Chairman of the Cabinet: The Prime Minister presides over Cabinet sessions as the
chairman of the Cabinet.
●​ If there is a significant difference of opinion among the members, he has the authority to
enforce his decision.
●​ The PM can ask for the resignation of any minister.
●​ He guides, directs, controls and coordinates the activities of all the ministers.
●​ If the PM resigned from his office the Council of Ministers get collapsed.
●​ Representative: The Prime Minister is the country's official representative at high-level
international gatherings.

In relation with the President

●​ Chief Advisor: The PM acts as a principal channel of communication between the

President and Council of Ministers.
○​ He serves as the President's chief advisor.
●​ The PM has to communicate the decision of the Council of Ministers relating to
administration of affairs of the Union and proposal for legislation to the President.
●​ The PM advises the President regarding appointment of the various important officials
like Attorney General, CAG, Chairman and member of the UPSC, Chairman and
member of the Finance Commision and so on.

With Respect to the Parliament

●​ The Prime Minister is the leader of the lower house.

 ●​ PM can recommend the President with regard to summoning and proroguing of the
sessions of the Parliament.
●​ He can recommend the dissolution of the Lok Sabha at any time to the President.
●​ He announces government policies on the floor of the House

Some other functions and powers of the PM

●​ The PM is the chairman of Niti Aayog, NDC, National Integration Council, National Water
Resource Council and Inter-State council.
●​ The PM also acts as chief spokesman of the Union government.

Union Council of Minister: Article 74 states that the Council of Ministers, headed by the
Prime Minister (“first among equals”), shall aid and advise the President, who shall act in
accordance with their advice. The CoM is the real executive authority in India’s parliamentary
system of government.
The President appoints the Prime Minister and other ministers on the PM’s advice
(Article 75). The size of the CoM cannot exceed 15% of the total strength of the Lok Sabha. It is
added through the 91st Constitutional Amendment Act of 2003.
Article 88 allows ministers to participate in proceedings of both houses of Parliament and
joint sessions but does not guarantee them voting rights. The Prime Minister decides the
portfolio of each minister and heads the Cabinet Secretariat, which oversees the day-to-day
administration of the government and coordination between ministries. The President is the
Head of the State, and the Prime Minister is the Head of the Union Government.
Article 163: There shall be State CoMs headed by the Chief Minister to aid and advise
the Governor. A minister who is not a member of Parliament for six consecutive months will lose
their position. The Deputy PM/CM (if available) is also part of the Council of Ministers

Categories of Council of Minister: The CoM is divided into three categories:

1.​ Cabinet Ministers
2.​ Ministers of State (Independent Charge)
3.​ Ministers of State (without Independent charge)

1. Cabinet Ministers: Cabinet Ministers are the senior-most members of the CoMs, second
only to the Prime Minister. They head important and strategic ministries like Home Affairs,
Finance, Defence, etc. They have the authority to organise meetings and make major policy
decisions related to their ministries.

2. Ministers of State (Independent Charge): MoS (Independent Charge) are junior to

Cabinet Ministers but have independent charge of a ministry. They are empowered to
administer their respective ministry without oversight from Cabinet Ministers or other
members of the Council of Ministers. They are not part of the Cabinet.
3. Ministers of State (without Independent Charge): Ministers of State assist Cabinet
Ministers in the administration and do not have an independent charge. They are
responsible for specific functions delegated to them by their respective Cabinet Ministers.
They are usually given the charge of departments under a ministry.

Crucial ministries like Home, External Affairs, Health, and Education may have two or three
Ministers of State working under the Cabinet Minister. They are also not part of the Cabinet.
Deputy Ministers assist cabinet ministers or MoS with administrative, political, and
parliamentary duties.

Attorney General: the highest law officer in the country (Article 76):
●​ Appointed by: President of India.
●​ Qualification: Same as a Judge of SC i.e They must have been a judge of same high
court for five years or an advocated of same high court for ten year or an eminent jurist
in opinion of president
●​ Term Not fixed: Grounds for removal/ resignation Not mentioned in the Constitution. He
may be removed by the President at any time. He may also quit by submitting his
resignation to the President. Conventionally, he resigns when the government (council of
minister) resigns or is replaced, as he is appointed on its advice.
●​ Remuneration: Not fixed by the Constitution. He receives such remuneration as the
President may determine.
●​ Duties/Functions:
○​ To give advice to the government of India upon such legal matters, which are
referred to him by the President.
○​ To perform such other duties of a legal character that are assigned to him by the
President.
○​ To discharge the functions conferred on him by the Constitution or any other law.
○​ To appear on the behalf of the Government of India in all cases in the Supreme
Court in which the Government of India is concerned.
○​ To represent the Government of India in any reference made by the President to
the Supreme Court under Art. 143 of the Constitution.
○​ To appear in any high court in any case in which the Government of India is
concerned.
●​ Rights provided: In the performance of his official duties, the Attorney General has the
right of audience in all courts in the territory of India. He has the right to speak and to
take part in the proceedings of both the Houses of Parliament or their joint sitting or any
committee of the Parliament of which he may be named a member, but without a right to
vote. He enjoys all the privileges and immunities that are available to a member of
Parliament.
●​ Limitations imposed on AG: He should not advise or hold a brief against the
Government of India. He should not advise or hold a brief in cases in which he is called
upon to advise or appear for the Government of India. He should not defend accused
persons in criminal prosecution without the permission of the Government of India. He
 should not accept appointment as a director in any company or corporation without the
permission of the Government of India.
●​ Other notable facts: He does not fall in the category of government servant and he is
not debarred from private legal practices. There are also the offices of Solicitor General
of India and Additional Solicitor General of India (extra constitutional) to assist the
Attorney General of India in the fulfillment of his official responsibilities. In 2017, the
Delhi HC ruled that the office of Attorney General (AGI) does not come under the ambit
of RTI Act as it is not a public authority under section 2(h) of the act. Attorney General
gives consent for contempt of court proceedings.
******
Union Legislature-Parliament and Parliamentary Proceedings
There are various forms of government present in the World. Some follow an
absolute monarchy system, some follow presidential or parliamentary or some
follow another form of government. India follows the parliamentary system of
government.

Union Legislature (Article 79)

The Union Legislature of India serves as both the country’s legislative body and the hub of all
democratic political activity. India’s Parliament is its highest legislative body. The Rajya Sabha
(Council of States) and Lok Sabha (House of the People) are the two Houses that make up the
Indian Parliament. The President has the power to call a session of either House of Parliament,
prorogue it, and dissolve the Lok Sabha. India’s Constitution became operative on January 26,
1950.

Union Legislature Meaning

The Parliament, which is the legislative arm of the Union government and is also referred to as
the “Westminster” model of government, occupies a dominant and pivotal place in the Indian
democratic political system as a result of the adoption of the parliamentary form of government.

The Union Legislature in India refers to the legislative body at the national level, responsible
for making laws for the entire country. It is a bicameral body, meaning it has two houses:

1.​ Lok Sabha (House of the People):

○​ The Lok Sabha is the lower house of the Union Legislature.
○​ It consists of members directly elected by the people of India, based on
population, for a term of five years.
○​ The Lok Sabha plays a central role in lawmaking and has the power to pass laws
on most matters listed in the Union List and the Concurrent List of the Indian
Constitution.
○​ It is presided over by the Speaker, who is elected from among its members.
2.​ Rajya Sabha (Council of States):
○​ The Rajya Sabha is the upper house of the Union Legislature.
 ○​ It represents the states and union territories of India, with members elected by
the elected members of the State Legislative Assemblies, and by members of the
Legislative Assemblies of Union Territories, through a system of proportional
representation.
○​ Unlike the Lok Sabha, Rajya Sabha is a permanent body and is not subject to
dissolution. However, one-third of its members retire every two years, and they
are replaced through elections.
○​ The Rajya Sabha is presided over by the Vice President of India.

Powers and Functions of the Union Legislature:

●​ Lawmaking: Both the Lok Sabha and Rajya Sabha participate in the process of making
laws. A bill must pass through both houses before it can become a law. The Lok Sabha
generally holds more power in financial matters.
●​ Control over the Executive: The Union Legislature has the power to check the
functioning of the executive branch (the President, the Prime Minister, and the Council of
Ministers) by asking questions, raising debates, and passing motions.
●​ Amendments to the Constitution: The Union Legislature can amend the Indian
Constitution, but this requires a special procedure, including approval by both houses.
●​ Budget Approval: The Lok Sabha is responsible for approving the Union Budget,
presented by the Finance Minister, which must then be passed by both houses.

Legislative Procedure:

1.​ Introduction of Bills: Bills can be introduced in either the Lok Sabha or the Rajya
Sabha. However, money bills can only be introduced in the Lok Sabha.
2.​ Discussion and Voting: After a bill is introduced, it is debated, and members can
propose amendments. The bill is then voted on by both houses.
3.​ Presidential Assent: After both houses pass a bill, it is sent to the President for assent.
Once the President gives assent, the bill becomes law.

The Union Legislature plays a vital role in shaping India's laws, policies, and governance, with
its two houses ensuring a system of checks and balances.

Parliament: Parliament in India is the supreme legislative body of the country. It is a bicameral
institution, composed of two houses: the Lok Sabha (House of the People) and the Rajya Sabha
(Council of States). The Parliament is responsible for making laws, discussing important issues,
approving budgets, and performing several other critical functions related to governance and the
country’s development.

Structure of Parliament:
Lok Sabha (House of the People):

●​ It is the lower house of Parliament, consisting of directly elected representatives of the

people of India.
●​ Members of the Lok Sabha are elected through direct elections, with each member
representing a specific constituency.
●​ The maximum strength of the Lok Sabha is 552 members, but it usually consists of 545
members (543 elected and 2 appointed by the President for the Anglo-Indian community,
though this provision was removed by the 104th Constitutional Amendment in 2019).
●​ The Lok Sabha plays a dominant role in the legislative process, especially in financial
matters (such as the budget).

Rajya Sabha (Council of States):

●​ It is the upper house of Parliament, and its members represent the states and Union
Territories of India.
●​ Rajya Sabha is a permanent body, unlike the Lok Sabha, which is subject to dissolution.
One-third of its members retire every two years, and new members are elected.
 ●​ The Rajya Sabha consists of a maximum of 250 members, of whom 238 are elected by
the members of the State Legislative Assemblies and Union Territories, and 12 are
nominated by the President for their expertise in fields such as literature, science, art,
and social service.
●​ The Rajya Sabha plays a key role in reviewing, revising, and suggesting amendments to
bills passed by the Lok Sabha.

The President of India:

●​ The President is the head of the Parliament and plays an important role in the legislative
process. While the President is the formal head, the actual functions are carried out by
the Parliament.
●​ The President’s approval is required for the passage of laws (assent), and they can also
summon or prorogue sessions of Parliament.

Parliamentary Proceedings: Parliamentary proceedings can be defined as the

established set of rules, practices, and customs that govern how a parliament conducts its
business. This encompasses the formal methods used by a legislative body to:

●​ Create and amend laws: This involves the introduction, debate, and voting on bills.
●​ Oversee the government: This includes holding the executive branch accountable
through questions, debates, and scrutiny of government actions.
●​ Represent the people: This entails providing a platform for elected officials to voice the
concerns and interests of their constituents.

Essentially, parliamentary proceedings provide the structured framework within which a

parliament operates. Key aspects of this include:

●​ The established rules of order.

●​ The procedures for debate and voting.
●​ The mechanisms for questioning and scrutinizing government actions.

Therefore, "parliamentary proceedings" represents the entire system of how a parliament

functions, from the introduction of a bill to the final vote, and all the activities that take place in
between.

When discussing the core concepts of parliamentary proceedings, it's vital to focus on the
principles that guide how these institutions function. Here are the key concepts:

●​ Representation:
○​ This is the fundamental idea that parliamentarians act on behalf of the people
who elected them. They bring the concerns and interests of their constituents to
the legislative process.
○​
●​ Deliberation:
 ○​ Parliament is designed as a forum for open and reasoned debate. This allows for
the thorough examination of ideas, policies, and proposed laws.
●​ Accountability:
○​ A crucial role of parliament is to hold the government accountable for its actions.
This is achieved through mechanisms like:
■​ Questioning ministers.
■​ Scrutinizing government spending.
■​ Debating government policies.
●​ Rule of Law:
○​ Parliamentary proceedings are conducted according to established rules and
procedures, ensuring fairness and order. This reinforces the principle that
everyone is subject to the law.
○​
●​ Majority Rule and Minority Rights:
○​ Decisions are typically made by majority vote, but parliamentary procedures also
protect the rights of minority viewpoints to be heard and considered.
●​ Transparency:
○​ Modern parliamentary systems strive for transparency by making records of
debates and proceedings available to the public. This allows citizens to stay
informed and hold their representatives accountable.
○​
●​ Legislation:
○​ This is the core function of creating laws. This process involves the introduction
of bills, debates, amendments and voting.

These concepts work together to ensure that parliamentary proceedings are democratic,
effective, and accountable.

Parliamentary procedure devices play a pivotal role in helping the Parliament achieve its
objectives. These tools not only facilitate an organized and efficient flow of discussions, allowing
members to address concerns, but they also enhance the consistency and reliability of the
democratic process. Some key devices of parliamentary proceedings in India include:

❖​ Summoning: According to the Constitution, the President may call a meeting of each
House of Parliament at any time and place he thinks suitable. This is called Summoning.
Though no more than six months must occur between the final sitting of one session and
the first sitting of the next. In other words, Parliament should convene at least twice a
year. A typical year has three periods, such as:
●​ The Session on Budget (February to May).
●​ Monsoon Session (July to September).
●​ The Winter Term (November to December).
❖​ Adjournment: A Parliamentary session consists of many sessions, with two sittings
every day: one in the morning from 11 a.m. to 1 p.m., and one after lunch from 2 p.m. to
6 p.m.
In the case of the Lok Sabha, a Parliamentary session can be ended by adjournment or
adjournment sine die, prorogation, or dissolution. When a session is adjourned, the work in that
session is placed on hold for a fixed period of time, which might be hours, days, or weeks. It is
considered as an unusual gadget since it disrupts the House's routine business. Because it
incorporates an element of censure against the government, Rajya Sabha is not authorised to
utilise this procedure.

The debate on an adjournment motion should take at least two hours and thirty minutes. The
power to move a motion to adjourn the House's proceedings is subject to the constraints listed
below:

●​ It should raise a definite, factual, urgent, and public matter;

●​ It should not be used to cover more than one topic.
●​ It should be limited to a specific matter of recent occurrence and should not be
framed in general terms; o It should not be construed as a matter of privilege.
●​ It should not bring up a topic that has already been covered in the same session.
o It should not deal with any subject that is now being adjudicated by a court.
●​ It should not raise any questions that can be addressed in response to a specific
motion.
❖​ Adjournment Sine Die: • It requires stopping a Parliamentary session for an
indeterminate period of time. • Adjournment sine die occurs when the House is
adjourned without a date for reconvening. • The presiding officer of the House possesses
the authority of adjournment as well as sine die, and he or she has the ability to convene
a sitting of the House before the day or hour to which it has been postponed or at any
moment after the House has been adjourned sine die.
❖​ Prorogation: When a session's work is done, the Speaker of Lok Sabha or the
Chairman of Rajya Sabha proclaims the House adjourned sine die. • Within a few days,
the President provides notification of the session's prorogation. • The President has the
authority to prorogate the House while it is in session. It also has no influence on any
current bills or other items before the House. However, with prorogation, all current
notifications (save those for introducing bills) expire, and new notices for the following
session must be published.
❖​ Question Hour: Question Hour is the first hour of the parliamentary session during
which members ask questions and ministers generally answer. • The House Rules of
Procedure include a reference to it. • There are three types of questions: starred
questions, unstarred questions, and questions that must be answered quickly. • A starred
question (denoted by an asterisk) necessitates a spoken response, after which extra
questions might be asked. • An unstarred question, on the other hand, demands a
written response and hence cannot be followed by a supplementary question. • A short
notice question is one that is posed with less than ten days' notice and is answered
verbally. • A question may also be directed to a private member if the topic of the inquiry
is a Bill, resolution, or other item related to House business for which that person is
responsible. • The procedure for such a query is the same as for queries submitted to a
minister. • The lists of starred, unstarred, short notice, and private member enquiries are
 printed in green, white, light pink, and yellow, respectively, to distinguish them from one
another.
❖​ Zero Hour: • The Zero Hour is an unofficial instrument that members of Parliament can
use to raise problems without prior notice because it is not listed in the Rules of
Procedure. • It begins immediately following question hour and continues until the day's
agenda, i.e. the usual business of the House, is completed. That is, zero hour is the time
difference between question hour and the agenda.Zero Hour has been an Indian
innovation in the realm of legislative processes since 1962.
❖​ Point of Order: A member may raise a point of order when the House's proceedings do
not follow the standard norms of procedure. • It should be related to the interpretation or
execution of the House Rules or such parts of the Constitution that control the operation
of the House, and it should raise a matter within the Speaker's knowledge. • The point of
order is frequently made by an opposition member to exert control on the government,
and it is an unusual technique since it suspends the proceedings in the House. • It
should be remembered that no argument on a point of order is permitted. • It should be
related to the interpretation or reinforcement of the house rules or such provisions of the
constitution that govern the house's activity. • The speaker should be aware of the
question presented.
❖​ Lame-duck Session: The Lame-duck session is the last session of the old Lok Sabha
after a new Lok Sabha is elected. • Lame-ducks are current Lok Sabha MPs who did not
gain re-election to the next Lok Sabha.
❖​ Quorum: The number of members who must be present in the House before it may take
action is referred to as the quorum. • It is one-tenth of the entire membership of each
House, including the Presiding Officer. • If any business is to be conducted, at least 55
members of the Lok Sabha and 25 members of the Rajya Sabha must be present. • If
there is no quorum during a House meeting, it is the presiding officer's responsibility to
either adjourn or suspend the meeting.
❖​ Half-an-Hour Discussion: It's for debating a topic of significant public importance that
has been the subject of much debate and whose answer has to be clarified as a matter
of fact. • The Speaker may set aside three days each week for such conversations. It
excludes any official motions or votes before the House. • Meant for debating a topic of
considerable public importance that has been the subject of much dispute and requires
clarification on the facts. • The speaker might set aside three days for such
conversations.
❖​ Short Duration Discussion: It's also known as a two-hour conversation because the
time limit for such a discussion is two hours. • It can be raised by the MPs on the matter
of urgent public importance. • Speakers can allot 2 days in a week for it and no formal
motion or voting requires Members of Parliament can raise such talks on an issue of
urgent public significance in a short length discussion, often known as a two-hour
debate. • The Speaker can set aside two days every week for such conversations, and
there is no official motion before the House or vote. • Short-term debate has occurred
since 1953.
❖​ Special Mention: An issue that is not a point of order or that cannot be presented during
question hour, a half-hour debate, a short duration discussion, or under an adjournment
 motion, a calling attention notice, or any other House regulation may be placed before
the Rajya Sabha under special mention. • Notice (Mention) under Rule 377 is the Lok
Sabha's similar procedural instrument.
❖​ Resolutions: • Members can introduce resolutions to call the attention of the House or
the government to issues of wide public concern. • The discussion on a resolution should
be strictly germane to and within the scope of the resolution, and a member who has
moved a resolution or amendment to a resolution may not withdraw it unless the House
grants leave. • Resolutions are divided into three categories: • Private Member's
Resolution, introduced by a private member and debated exclusively on alternating
Fridays and in the afternoon session. • A minister may introduce a Government
Resolution, which may be debated on any day from Monday through Thursday. •
Statutory Resolutions, which can be introduced by either a private member or a minister
and are always introduced in accordance with a provision in the Constitution or an Act of
Parliament.
❖​ Motions: There can be no discussion on an issue of wide public significance unless a
motion is made with the permission of the presiding officer. Can be moved by a minister
or a private member of one of three categories:
➢​ Substantive Motion: a self-contained standalone proposal dealing with a critical
issue such as impeachment of the president.
➢​ Substitute Motion: A motion that is moved in place of an original motion and
presents an alternative. If passed by the House, it takes precedence over the
original motion.
➢​ Subsidiary Motion: It has no meaning in and of itself and cannot explain the
house's judgement without reference to the initial motion or action of the house.
There are three kinds: o Ancillary motion: a common method of doing numerous
types of business. Superseding Motion: a motion made during a discussion on
another matter that aims to supersede that issue. Amendment: Attempts to
change or replace only a portion of the original motion.
❖​ Closure Motion: It is a motion introduced by a member to end discussion on an issue
before the House.If the motion is agreed by the House, the discussion is immediately
halted and the topic is put to a vote. Closure movements are classified into four types:
➢​ Simple Closure: This occurs when a member motions that the "subject having
been properly addressed" be placed to a vote.
➢​ Closure by Compartments: In this instance, the provisions of a bill or a lengthy
resolution are divided into sections before the discussion begins. The argument
spans the full section, and the entire section is put to vote.
➢​ Kangaroo Closure: Only the most important sentences are argued and voted on
in this format, while the rest is skipped over and accepted as passed.
➢​ Guillotine Closure: When, owing to a lack of time, the unresolved aspects of a bill
or resolution are voted on alongside the ones that have been debated.
❖​ No-Confidence Motion: Article 75 states that the Council of Ministers is jointly
responsible to the Lok Sabha. If this resolution is approved by the Lok Sabha, the
ministry would be ousted from office.To be accepted to the Lok Sabha, it must get the
backing of 50 MPs.
 ❖​ Censure Motion: It might be directed towards a single minister, a group of ministers, or
the full council of ministers.
❖​ Privilege Motion: It is concerned with a minister's violation of parliamentary privileges.It
is initiated by a member who believes that a minister has violated the House's or one or
more of its members' privilege by concealing information from a case or by providing
incorrect or distorted facts. Its goal is to chastise the minister in question.
❖​ Calling Attention Motion: It is brought in Parliament by a member to bring a minister's
attention to an issue of urgent public significance and to demand an authoritative
declaration from him on that matter.It is a legislative process invented by Indians that has
been in use since 1954. Unlike the zero hour, it is, however, specified in the Rules of
Procedure.
❖​ Motion of Thanks: It is the motion on which the President's Address that outlines the
government plans and programmes for the prior year and the next year is debated in
both chambers.The motion must be carried in the House, or else the government will be
defeated.
❖​ No-Day-YetNamed Motion: A motion that has been admitted by the speaker but has no
set date for consideration.After examining the status of business in the house and
consulting with the leader of the house, or on the proposal of the business advisory
committee, the Speaker allots a day or days, or a portion of a day, for such motions.

*****

Union Judiciary- Supreme Court of India (Articles 124-147)- Composition

and powers and function

The Union Judiciary refers to the judicial system at the national level in a country, specifically in
the context of the Union (central or federal government). It consists of courts and judges that
interpret and apply laws, resolve disputes, and protect the constitutional framework of the
country. In many countries, the Union Judiciary operates independently of the executive and
legislative branches to ensure fairness and justice.

Indian Union Judiciary

In India, the Union Judiciary plays a crucial role in upholding the Constitution and ensuring that
laws passed by Parliament and state legislatures comply with it. The judicial system is designed
to act as a check on the other branches of government (executive and legislature), and it
protects the fundamental rights of citizens.

Composition of Union Judiciary: The Union Judiciary in India refers to the judiciary system
at the national level, and it is primarily composed of the Supreme Court of India. The Supreme
Court is the apex judicial body in the country, with the Chief Justice of India (CJI) at the helm.
Below is the detailed composition of the Union Judiciary in India:

1.​ Supreme Court of India:

 ○​ The highest court in India, located in New Delhi.
○​ It has original, appellate, and advisory jurisdiction.
○​ It hears cases related to fundamental rights, disputes between states or between
the Union and states, and constitutional matters.
○​ The Chief Justice of India is the head of the Supreme Court.
2.​ High Courts:
○​ Each state (or group of states) has its own High Court.
○​ High Courts have jurisdiction over their respective states or territories, but they
also have the power to hear cases on appeal from lower courts.
○​ High Courts handle important matters like constitutional cases, but they do not
have original jurisdiction in the way the Supreme Court does.
3.​ Lower Courts:
○​ These include District Courts, Sessions Courts, and various other specialized
courts (family courts, consumer courts, etc.).
○​ These courts are responsible for handling day-to-day disputes and criminal
cases.
4.​ Collegium System:The Collegium System refers to the group of senior judges who play
an essential role in recommending the appointment and transfer of judges to the
Supreme Court and High Courts. The system ensures judicial independence in the
selection process.Chief Justice of India and senior judges responsible for appointments
and transfers.
Powers and function of the Union Judiciary: The Union Judiciary, specifically the
Supreme Court of India, holds immense power and performs several key functions to ensure
the proper functioning of India's legal system. It upholds the Constitution, protects the
fundamental rights of citizens, resolves conflicts between the Union and the States, and
ensures the supremacy of law through judicial review, interpretation, and its power to issue
various writs. Through its independence and role as the final authority, the Supreme Court
plays a crucial role in maintaining India's democratic framework and safeguarding individual
rights.

Powers of the Union Judiciary (Supreme Court of India):

1.​ Judicial Review

2.​ Original Jurisdiction
3.​ Appellate Jurisdiction
4.​ Advisory Jurisdiction
5.​ Protection of Fundamental Rights
6.​ Power to Punish for Contempt of Court
7.​ Power to Review its Own Decisions

1. Judicial Review: Judicial Review is the power of the judiciary to review laws, executive
actions, and ordinances passed by the Parliament and State Legislatures.The
Supreme Court has the authority to determine whether a law is constitutional or
unconstitutional. It can strike down any law or action that violates the Constitution.
This power ensures that the legislature and executive do not exceed their authority and
that the Constitution remains the supreme law.

2. Original Jurisdiction: The Supreme Court has original jurisdiction in certain cases,
meaning that certain matters can be directly filed before the Supreme Court without first
going through lower courts. Some of the key matters under its original jurisdiction
include:

○​ Disputes between the Union and States, or disputes between two or more
States.
○​ Enforcement of Fundamental Rights under Article 32 of the Constitution. If a
person's fundamental rights are violated, they can approach the Supreme Court
directly.
○​ Cases related to the interpretation of the Constitution, particularly in matters
involving constitutional questions.

3. Appellate Jurisdiction: The Supreme Court has appellate jurisdiction, which allows it
to hear appeals from the High Courts and other lower courts in India. It can hear
appeals in cases involving substantial questions of law or constitutional matters. The
Supreme Court has the final authority to interpret laws, and its decisions are binding on
all courts in the country. The Court also hears appeals in criminal matters, including
appeals against death sentences.

4. Advisory Jurisdiction: Under Article 143, the President of India can refer a legal or
constitutional question to the Supreme Court for its advisory opinion. Though the
opinion is not binding, it provides valuable guidance to the President on important legal
matters.

5. Protection of Fundamental Rights: The Supreme Court is tasked with protecting the
fundamental rights guaranteed by the Constitution, particularly through Article 32. If
any citizen’s fundamental rights are violated, they can approach the Supreme Court
directly for relief. The Court can issue writs to safeguard these rights.

6. Power to Punish for Contempt of Court: The Supreme Court has the power to punish
individuals or organizations for contempt of court if they show disrespect to the
 judiciary, fail to comply with its orders, or disrupt court proceedings. This power ensures
that the authority and dignity of the Court are maintained.

7. Power to Review its Own Decisions: The Supreme Court has the power to review its
own judgments and orders. This ensures that if any mistake or error is apparent in the
judgment, it can be rectified. This power allows the Court to review cases where there is
new evidence or where the law may have been misinterpreted.

Functions of the Union Judiciary (Supreme Court of India)

1.​ Interpretation of the Constitution

2.​ Protection of Fundamental Rights
3.​ Settling Disputes Between the Union and States
4.​ Judicial Independence and Impartiality
5.​ Public Interest Litigation (PIL)
6.​ Ensuring the Rule of Law
7.​ Resolving Conflicts Between Lower Courts

1. Interpretation of the Constitution: The Supreme Court plays a crucial role in interpreting
the Indian Constitution. It interprets various provisions of the Constitution and resolves
conflicts that may arise between laws and the Constitution. The Court’s role as the ultimate
interpreter of the Constitution makes it essential in ensuring that laws are in compliance with
constitutional principles.

2. Protection of Fundamental Rights: One of the key functions of the Supreme Court is to
protect the fundamental rights of citizens. The Court provides a mechanism (under Article
32) for individuals to approach it directly if they believe their fundamental rights have been
violated. The Supreme Court can issue writs (Habeas Corpus, Mandamus, Prohibition,
Certiorari, and Quo Warranto) to protect these rights.

3. Settling Disputes Between the Union and States: The Supreme Court settles disputes
between the Union (Central Government) and States, or between different States. This
includes cases related to the division of powers, responsibilities, and resources between the
Union and the States. It also resolves conflicts between two or more states over issues like the
division of territory, river water sharing, etc.

4. Judicial Independence and Impartiality: The Supreme Court ensures that the judiciary
operates independently of the other branches of government (executive and legislature). Judges
of the Supreme Court are appointed for a tenure of 65 years, ensuring their independence from
political influence. The Court has the power to make decisions based on legal principles rather
than political considerations.

5. Public Interest Litigation (PIL): The Supreme Court has expanded access to justice by
allowing Public Interest Litigations (PILs). This allows any citizen to file a petition in the public
interest, even if they are not directly affected by the issue. PILs have been used to address
social issues like environmental protection, human rights violations, and corruption.

6. Ensuring the Rule of Law: The Supreme Court upholds the rule of law in India. It ensures
that everyone, including the government and its officials, is subject to the law. It checks whether
the government actions are legal and constitutional and can review and annul laws that violate
the Constitution.

7. Resolving Conflicts Between Lower Courts: The Supreme Court acts as the final court of
appeal and resolves conflicts between lower courts or between High Courts on matters of law
or significant public importance. Its decisions set important precedents, guiding lower courts in
future cases.

***End of Unit-2***