Unit 2

Questions
1. President
2. Governor
3. Bicameralism
4. Prime minister
5. Collective responsibility
6. Members of Parliament

President
Synopsis
Introduction
The Indian President is the head of the state and he is also called the first citizen of
India. He is the head of the state. The executive power of the Union, shall be
vested in the President and it shall be exercised by him in accordance with the
Constitution either directly or through subordinate to him. The expression “officers
subordinate” includes ministers also. Article 52-62 deals with president and
procedures of his election and impeachment.

Qualification of president
Article 58 provides the qualification which a person must possess for being elected
to the office of the President of India as follows:
(a) He must be citizen of India
(b) He must be completed 35 years of age
(c) He must be qualified for election as a member of the House of the
People
(d) He should not hold any office of profit under Government of India or the
Government of any State or under any local or other authority subject to the
control of any of the said government
 Condition of President’s Office
Article 59 says that the President shall not be a member of either House of
Parliament or of a House of the Legislature of any State. If a member of
either House of Parliament or of a State legislature is elected President, he
shall be deemed to have vacated his seat in that house on the date on which
he enters upon his office as President. The President shall not hold any
office of profit.

Election of president
Article 54 speaks about president’s election. There is no direct election for the
Indian President. An electoral college elects him. The electoral college responsible
for President’s elections comprises elected members of:

Lok Sabha and Rajya Sabha

Legislative Assemblies of the states.
Legislative Assemblies of the Union Territories of Delhi and Puducherry

Term office of the president

Article 56 says that the President shall hold office for a term of 5 years from the
date on which he enters upon his office. Even after the expiry of his term he shall
continue to hold office until his successor enters upon his office. He is eligible for
re-election.

Procedure for impeachment of the President

Article 61 of the Indian Constitution lays down the procedure for the impeachment
of the President. The president can be removed by his office through the process of
impeachment for violation of constitution.
The impeachment charge against him maybe initiated by either house of
Parliament. The charge must come in the form of a proposal contained in a
resolution signed by not less than 1/4th of the total number of the members of the
house and moved after giving at least 14 days advance notice. Such a resolution
must be passed by a majority of not less than 2/3rd of the total membership of the
house. The president has the right to appear and to be represented at such
investigation. If the other house after investigation passes a resolution by 2/3 rd
majority declaring that the charge is proved, such resolution shall have the effect of
removing the President from his office from the date on which the resolution is so
passed.

Protection of the president

Article 361 guarantees the following privileges to the President:
1. The president shall not be answerable to any court for the exercise and
performance of the powers and duties of his office or for any act done or
purporting to be done by him in the exercise of those powers and duties.
However, the conduct of the president may be brought under review by any
court, tribunal or body appointed or designed by either Houses of Parliament
for the investigation of the charge in impeachment proceedings. The
immunity afforded to the president will not restrict the right of any person to
bring suit against the Government of India.
2. No criminal proceeding whatsoever shall be instituted and continued against
the president in any court during the term of office.
3. No process for the arrest or imprisonment of the president shall be issued
from any court during his term of office.

Powers of the president

Executive power
The President is at the head of the Union Executive. Consequently, all executive
powers are exercised in his name. The executive power of the Union to be
exercised by the President is extended to the matters with respect to which
Parliament has power to make laws and to conclude treaty and agreement.
President appoints the Governors of States, the Judges of the Supreme Court and
the High Courts, the Auditor General of India and many other high officials, such
as the members of Finance Commission, Election commission, Union Public
commission etc.: As head of State, the President is the supreme Commander of the
Armed Forces of India and is entitled to declare war or conclude a treaty. The
President also appoints the Prime Minister and with his advice the other Ministers
of the Union Council of Ministers. When no single political party wins a clear
absolute majority and, as a result, no Council of Ministers can be formed without a
coalition of parties the President can exercise his discretion judiciously in
appointing the Prime Minister.

Legislative powers
The Union Legislature or Parliament consists of the President and two Houses of
Parliament. The President is, therefore, an integral part of Union Legislature. He
shall summon from time to time, either separately or jointly, the Houses of
Parliament. The President may address either or both House of Parliament. The
President nominates a number of members in both Houses. The chief purpose of
the nomination is to ensure adequate representation in Parliament of all sections of
population which many not always be achieved through elections. The President
has certain functions in respect of passing of a Bill. A bill passed by both the
Houses of Parliament requires his assent in order to become an Act. He may give
his assent to a bill or can withhold assent when a bill, after getting approved in
both the Houses, is placed before the President. A bill passed by a State Legislature
may also be reserved for the consideration of the President by the Governor of that
State. The President enjoys this right in relation to a bill passed by a State.
Legislature only in such cases where those are referred to him by the Government
of a State under Article 200.
The president of India is a component part of the union parliament. He possesses
extensive legislative powers. He has the power to summon and prorogue the
parliament and he can dissolve the Lok Sabha. The president is bound to summon
parliament within six months from the last sitting of the former session. If there is
a conflict between two Houses of Parliament over an ordinary bill, he can call up
joint sitting of both houses to resolve the deadlock according to article 108. Every
bill passed by both Houses of Parliament is to be sent to the president for his assent
as per article 111. The state bill for imposing restrictions on freedom of trade and
commerce required his recommendation according to article 304. The president
nominates 12 members of the Rajya Sabha from among members having special
knowledge or practical experience of literature science art and social service
according to article 80(3). The president has to lay before the parliament the annual
finance budget, the report of the Auditor General, the recommendation of the
finance Commission, report of the union Public Service Commission and report of
the special Commission for scheduled caste and scheduled tribes, the report of the
Commission of the backward classes and the report of the special officer for
linguistic minorities.
Ordinance powers
Except when both Houses of Parliament are in session, the President may
promulgate such Ordinances as the circumstances appear to him to require (Article
123). Such an ordinance can have the same force and effect of an Act of
Parliament. Such an ordinance shall cease to operate unless passed by both Houses
of Parliament within the stipulated period. However, special power on the
President empowering him to promulgate ordinances when the Parliament is not in
session and the circumstances are such which require immediate action. An
ordinance cannot be promulgated when both the houses of parliament are in
session However it may be passed when only one house is in session the reason
being that a law cannot be passed by only one house and thus it cannot meet a
situation calling for immediate legislation. This power granted to the President in
the Indian Constitution is unique and no such power has been conferred upon the
executive in Britain or the USA. The ordinance making power is exercised by the
president on his own satisfaction the code cannot inquire into the reasons for the
subject to satisfaction of the president or into the sufficiency of those reasons. an
ordinance can be issued only when both the houses of the parliament are not in
session it follows from this that an ordinance can be issued when only one house is
in the session because a law cannot be passed by one house alone.
The ordinance making power of the president is coextensive with the legislative
power of the parliament, that is to say, that it may be related to any subject in
respect of which parliament has power to legislate. Hence, an ordinance will be
void in so far it makes any provision which under the constitution of the parliament
is not competent to make. Thus, an ordinance cannot violate the fundamental
rights.
In AK Roy V Union of India, the court by 4:1 majority held at the National
Security Ordinance was valid and not violative of Article 14. The ordinance issued
by the president under article 123 stand on the same footing as laws passed by the
legislature. The majority however held the ordinance would be subject to the test
of vagueness, arbitrariness, reasonableness, public interest and that it was passed
only when the legislatures were not in session. The court reaffirmed the reasoning
on the ordinance making power of the President in the Special Bearer Bonds case
that while considering the validity of the law the court will have nothing to do with
the morality of the law.

Financial powers
The President of India also exercises financial powers. No money bill can be
introduced in Parliament without the recommendations of the President. According
to the Constitution of India, the Annual Financial Statement is placed by the
President before both the Houses of Parliament. This statement shows the
estimates of revenue and expenditure of the central Government for the next year.
It may be pointed out that the proposal for taxation and expenditure cannot be
made without the approval of the President. . No proposal for spending money or
raising revenues for purposes of government can be introduced in Parliament
without previous permission of the President.
Military powers
The president is the supreme commander of the defence forces of the country. He
has powers to declare war and peace. However, the exercise of these powers by the
president is “regulated by law”. The Parliament is empowered to regulate or
control the exercise of the military powers by the President. The military power of
the President is thus subordinate to his executive power which is exercisable by
him on the advice of the cabinet.
Diplomatic powers
As the head of the state, the president sends and receives ambassadors, and other
diplomatic representatives. All treaties and international agreements are negotiated
and concluded in the name of the president though subject to ratification by
Parliament
Pardoning powers
The President of India grants, pardons, reprieves or remissions of punishment to
any person who has been convicted by a Court of Law. As mentioned in Article 72
of the Indian Constitution, the President is empowered with the powers to grant
pardons in the following situations:
1. Punishment is for an offence against Union Law
2. Punishment is by a Military Court
3. Sentence is that of death
The decisions involving pardoning and other rights by the President are
independent of the opinion of the Prime Minister or the Lok Sabha majority. In
most cases, however, the President exercises his executive powers on the advice of
the Prime Minister and the cabinet.
Nature of pardoning power
1. Pardoning power in sentence of fixed term: the sentence of a fixed term of
imprisonment awarded by the court would be subject to any order passed by
the president of India or governor of the state as the case may be.
2. Pardoning power subject to judicial review: The Supreme Court has held
that the pardoning power of the president under article 72 and the governor
under article 161 is subject to judicial review. Pardoning power cannot be
exercised on the basis of caste or political reasons. If the pardoning power
has been exercised on the ground of political reasons, caste and religious
considerations it would amount to violations of the constitution and the court
will examine its validity.
 3. Presumption of acting carefully in considering mercy petition: When the
power is vested under article 72 in the very high constitutional authority, the
president of India, it must be presumed that said authority had acted
carefully after considering all the aspects of the matter it cannot be said that
he did not consider the mercy petition with open mind.
4. Alleged torture in jail: alleged to torture of the petition in the prison cannot
be a ground for review of the order of rejection of the mercy petition by the
president of India when the court did not find any ground to hold that there
was non-application of mine by the president of India.
Emergency powers
The constitution of India empowers the President to proclaim three kinds of
Emergencies:
 National Emergency (Art. 352)
 Emergency for failure of Constitutional Machinery in a State (Art. 356)
 Financial Emergency (Art. 360)

The President of India may issue a Proclamation of National Emergency when the
security of India or any part thereof is threatened by war, armed rebellion or
external aggression. During a Proclamation of National Emergency, the executive
power of the States is to be exercised in accordance with the directions given by
the Central Government. Parliament has the power to make laws on the subjects
enumerated in the State List.
In Case of failure of Constitutional machinery in a State, the President of India is
authorized to make a Proclamation to that effect. The maximum duration of this
type of emergency is three (3) years. During such an emergency, the President may
assume to himself the executive powers of the State. The powers of the legislatures
of the State are to be exercised by the Union Parliament.
The President may also issue a Proclamation of Financial if he is satisfied that the
financial stability of India is threatened. This type of emergency may continue to
remain in force for an indefinite period.
Bicameralism
Synopsis
Introduction
 The Constitution provides for Legislature at the union and legislature for
every state
 As per Article 168, Each State will have a legislature which consists of
governor and house or houses.
 When a state have 2 houses it is known as bicameral state whereas when a
state have only one house it is known as unicameral state.
 When a state have 2 houses the lower house is called legislative assembly or
vidhan sabha and upper house is called Legislative council or Vidhan
parishad.

Composition of houses
Legislative assembly [ Vidhan sabha]
The legislative assembly in a state is a popular house, it is also known as the lower
house
When there is only 1 house in any state it shall be known as legislative assembly
or Vidhan sabha.
The minimum number of seats is fixed at 60 and max no is 500.
According to Article 170 [1] the members are chosen directly from the territorial
constituencies in the state.
Every state must be split into geographical constituencies in such a way that the
proportion among the population of every electorate and total number of seats
awarded is uniform across the states.
Here population refers to the population as determined by the most recent census
for which data has been posted.
According to article 332, In the legislative assembly of state, seats will be reserved
for SC’s and ST’s
According to article 172, the normal tenure of the legislative assembly of every
state is 5 years but it may be dissolved earlier by the governor.
During the proclamation of emergency, the life of the assembly may be extended
by an act of parliament for a period of 1 year at a time but in no case beyond a
period of 6 months after the proclamation has ceased to operate.
Legislative council [ Vidhan parishad]
Legislative council is also known as the upper house of state legislature.
Article 169 talks about the creation and abolition of the legislative councils in state
by parliament.
The total number of members shall not exceed one third of the total no. of the
members in the assembly of that state
Provided that total number of members shall not be less than 40.
Tenure – The legislative council is not subject to dissolution but after every 2 years
one third of its members retire.
Qualification of members [ Article 173]
The member of state legislature shall be the citizen of India. 
The person shall not be less than 25 years of age in case of legislative assembly
and not be less than 30 years in case of legislative council.
The members shall possess other qualifications as may be prescribed by the
parliament.

Disqualification of members [ Article 191]

According to Article 191, a person shall be disqualified if:
1] He holds the office of profit under central or state govt.
2] of unsound mind
3] is insolvent
4] if he is not a citizen of India or has voluntarily acquired the citizenship of
foreign state.
5] If he is disqualified under any law of India [ Article 191]

Importance
Checks and Balances
Bicameralism helps distribute legislative power and prevent any single body from
dominating the legislative process. By requiring both houses to approve legislation,
it acts as a check on potential abuses of power. Bills must pass through both
houses, which adds an additional layer of scrutiny and deliberation. This process
can lead to more thorough examination and debate of proposed laws, potentially
resulting in more balanced and well-considered legislation.

Representation
The Lok Sabha represents the people directly, with members elected by the public
through general elections. The Rajya Sabha, on the other hand, represents the states
and union territories, with members elected by the state legislatures or appointed
by the President. This dual representation helps ensure that both the popular will
and regional interests are considered in the legislative process. India's bicameral
legislature reflects its federal structure. The Rajya Sabha allows states to have a
voice in national legislation, which helps balance the interests of smaller and larger
states and ensures that federal principles are respected.

Legislative Efficiency
The bicameral system allows for a division of labor. While the Lok Sabha is more
focused on representing the general electorate and addressing national issues, the
Rajya Sabha can focus on specialized and regional issues. Members of the Rajya
Sabha often include experts and professionals, which can bring a higher level of
expertise and experience to legislative discussions. The Rajya Sabha is a
continuing body, with one-third of its members retiring every two years. This
ensures continuity and stability in the legislative process, whereas the Lok Sabha is
dissolved every five years, leading to a complete re-election. This staggered
approach helps in maintaining legislative stability and prevents abrupt disruptions.
Debate and Consensus Building
Having two houses allows for more extensive debate and negotiation. Bills and
policies can be reviewed from multiple perspectives, fostering a more inclusive
and comprehensive legislative process. This can lead to better-crafted laws that
consider various viewpoints and interests. The need for a bill to gain approval from
both houses often requires compromise and cooperation between different political
parties and regions. This can lead to more balanced and moderate legislation that
reflects a broader consensus.

Checks on Executive Power

The Rajya Sabha has the power to review and suggest amendments to bills passed
by the Lok Sabha. While it cannot initiate money bills (which must originate in the
Lok Sabha), it plays a crucial role in revising and improving other types of
legislation. Both houses of Parliament hold the executive branch accountable
through various mechanisms, including debates, questions, and committees. This
system helps ensure that the government remains answerable to both the elected
representatives of the people and the states.

Political Stability
By incorporating both direct and indirect forms of representation, the bicameral
system helps to address and integrate diverse political, regional, and social
interests. This can contribute to political stability and reduce regional tensions.

Conclusion
Indian democracy follows bicameralism, both at centre and state, with states given
the discretion to decide whether they adopt for bicameralism or unicameralism.
Effective governance can only be possible if both the houses work in harmony and
coordination.

Governor
Synopsis
Introduction
The executive head is constitutional head, who is according to the advice of the
Council of Ministers. The constitution of India by article 153 creates the office of
the Governor. Thus, each state shall have a Governor. The executive power of the
State is vested in the Governor. He shall exercise power directly or through office
subordinate to him.
Appointment of a Governor
The governor of a state is appointed by the President of India. He is neither elected
by a direct election nor by the indirect election by a specially constituted electoral
college as in the case with the President. He is the nominee of the Central
Government.
Qualifications
According to Article 157, a person to be eligible to be appointed as a Governor
must be:
1. Citizen of India
2. Must have completed 35 years of age
Conditions of governor’s office
The governor must not be a member of either house of parliament or a house of
legislature of any state. If a member of either house of parliament or house of
legislature of any state is appointed as governor, he shall be deemed to have vacate
his seat in the house on the date which he enters upon his office as governor as per
article 158(1).
He shall not hold any office of profit as per art158(2)
Tenure and removal
Article 156 of the Indian constitution says that the governor shall hold during
pleasure of the President.
The tenure of the office of the governor is fixed for 5 years from the date on which
he enters upon his office.
He may be removed from his office at any time by the president. The governor
may however resign his office by writing to the president.
Powers of the governor
Executive powers
Article 162 says that the executive power of the state extends to matters with
respect to which the legislature of the state has power to make laws. All executive
actions of the government of state shall be expressed to be taken in the name of
governor. Orders and instruments made and executed in the name of governor,
shall be authenticated in the manner specified in the rules made by the governor.
He can recommend the imposition of a Constitutional Emergency in a State to the
President. During the period of the President’s rule in a State, the Governor enjoys
extensive executive powers as an agent of the President of India.
Financial powers
A money bill cannot be introduced in the legislative assembly of a state without the
recommendations of the governor. No demand of grants can be made except on the
recommendation of the governor. The governor is required to cause to be laid
before the house or houses of legislature ‘annual financial statement’ known as
budget.
Legislature powers
The governor summons the house or each House of the legislature to upstate to
new the sixth time in place as he thinks fit. He has the right to address state
legislature. No bill can become law without the assent of the governor. The right to
reserve certain bills for the assent of the president. He nominates 1/6 of the
members of the legislative council.
The most important legislative power of the governor is his ordinance making
power. His ordinance making power similar to that of president. Under article 213
whenever the legislature is not in session and if the governor is satisfied that
circumstances exist which require him to take immediate actions he may legislate
by ordinances. The ordinance issued by the government shall have the same
validity as an act of the legislature.
Pardoning power
Article 161 says that the governor shall have the powers to grant pardons, reprieves
or remissions of punishment or to suspend, relating to matters to which the
executive power of the state extends. The executive power of the state extends to
matters with respect to which the legislature of the state has power to make laws.
Ordinance making power
The ordinance making power of the governor is similar to that of president under
article 123. The governor can issue ordinance only when two conditions are
fulfilled:
1. The governor can only issue ordinance when the legislative assembly of a
state is not in session or where there are 2 houses in a state both houses are
not in session.
2. The governor must be satisfied that circumstances exist which render it
necessary for him to take immediate action.
3. The court cannot question the validity of the ordinance by the governor. The
existence of such necessity is not justifiable issue.
4. The exercise of the ordinance making power is not discretionary. The
governor exercises this power on the advice of the cabinet.

Prime minister
Synopsis
Introduction
A Prime Minister is the head of government in India's political setup. He is the de
facto head of state.

 The Prime Minister is appointed by the President of India and is the leader
of the party or coalition that holds the majority of seats in the Lok Sabha, the
lower house of India's parliament.
 The Prime Minister is responsible for the administration of the government
and serves as the chief spokesperson for the government's policies.
 Under Article 75, the Council of Ministers shall be appointed by the
President on the advice of the Prime Minister.
 Also, Article 74(1) states that there shall be a Council of Ministers with a
Prime Minister at the head to aid and advise the President. Thus, other
ministers work under the direction of the Prime Minister.

Appointment of prime minister

 According to Article 75, the Prime Minister is appointed by the President.
However, this does not mean the President can choose any person as Prime
Minister.
 In line with the conventions of a parliamentary government system, the
President typically appoints the leader of the majority party in the Lok Sabha
as Prime Minister.
 When no party holds a clear majority in the Lok Sabha, the President may
use their discretion in selecting and appointing the Prime Minister.
 In such cases, the President usually chooses the leader of the largest party or
coalition in the Lok Sabha as Prime Minister and requests that they obtain a
vote of confidence from the House within a month.
Term
At the pleasure of the President Lok Sabha term is 5 years unless dissolved sooner
No term limits specified
Eligibility criteria
 A citizen of India.
 A member of either Rajya Sabha or Lok Sabha
  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
Powers and functions
 Executive powers: The Prime Minister is the head of the Union Council of
Ministers and is responsible for the administration of the government. He
presides over cabinet meetings and coordinates the activities of the various
ministries and departments. The Prime Minister recommends the
appointment of Union ministers and can also recommend their removal to
the President. The Prime Minister can recommend appointments to key
positions such as the Attorney General, Comptroller and Auditor General,
and Governors of states.
The Prime Minister plays a crucial role in shaping national policy. They
provide direction and leadership on domestic and international issues and
oversee the implementation of policies.
The Prime Minister supervises the functioning of various ministries and
departments, ensuring coordination among them and addressing any issues
that arise.

 Legislative powers: As the leader of the majority party or coalition in the

Lok Sabha, the Prime Minister influences the legislative agenda and ensures
the passage of bills and policies. The Prime Minister often introduces
significant bills and legislative proposals. They also play a key role in
shaping the legislative priorities of the government. The Prime Minister
addresses both houses of Parliament on important issues, including the
annual budget, policy statements, and other critical matters. The Prime
Minister can advise the President to dissolve the Lok Sabha and call for new
elections, which is a strategic power used to influence political outcomes.

 Administrative powers:
The Prime Minister ensures effective coordination among different
ministries and departments to ensure smooth governance and
implementation of policies. The Prime Minister is responsible for managing
national crises, including natural disasters, security threats, and other
emergencies. The Prime Minister provides strategic direction for the
 government’s policies and actions. They guide the Cabinet in achieving the
government's objectives and addressing challenges. The Prime Minister
communicates government policies and decisions to the public, helping to
shape public opinion and garner support for government initiatives.

 Judicial powers:
While the primary pardoning power is vested in the President, the Prime
Minister can recommend clemency or commutation of sentences to the
President on behalf of the government.

 Diplomatic powers: The Prime Minister plays a key role in formulating and
implementing India’s foreign policy. They engage in diplomacy, represent
India in international forums, and negotiate treaties and agreements with
other countries. The Prime Minister undertakes state visits to other countries,
fostering bilateral relations and promoting India’s interests on the global
stage.The Prime Minister represents India at major international summits
and conferences, such as the United Nations General Assembly, G20, and
other multilateral forums.
 Emergency powers: In times of national emergency, the Prime Minister
advises the President on the measures to be taken to protect the security of
India.
 Appointment powers: The Prime Minister (and the Council of Ministers)
advises the President with respect to the appointments to the higher judiciary
and key administrative posts such as the Governors, the Chief Election
Commissioner, the Comptroller and Auditor General of India, and the
Attorney General of India.
 Financial powers: The Prime Minister is responsible for the overall
economic and financial management of the country. His/her government
presents the annual budget to the parliament and ensures it is passed.
Other functions
 Chairman of the various bodies like- NITI Ayog (which succeeded the
planning commission), National Integration Council, Inter-State Council,
National Water Resources Council, and other related bodies.
  Shaping the country's foreign policy.
 Chief spokesperson for the Union government.
 Chief crisis manager at the political level during emergencies.
 Meeting various groups of people in different states and receiving a
memorandum from them regarding their issues as a leader of the nation.
 Leader of the party in power.
 Political head of the services.

Removal
Article 75(2) states that ministers hold office during the pleasure of the president.
The term minister also includes the prime minister of India. However, Lok sabha
and the lower house of the parliament should have confidence in the prime
minister. In that case, the Prime Minister can be removed by “vote of no
confidence” in which case a simple majority of members of Lok sabha can
terminate the Prime Minister from his position before the tenure of the Lok Sabha.
The Prime Minister of India can resign from this position of his own will.

Collective responsibility
Synopsis
Introduction
The definition of “Collective responsibility” can be provided with the perception
or idea that involves individuals of a group to act responsibly in order to fix the
damage or harm that has been caused by other individuals in the society or in the
group.
In this context, “Collective responsibility” contributes to the fundamental
judgments of responsibility that are correlated with certain other aspects of
responsibilities of Councils.

Principles of collective responsibility

 This is the bedrock principle of parliamentary form of government.
  Article 75 of the Constitution of India says that the Council of Ministers is
collectively responsible to the Lok Sabha.
 This means that all the ministers own joint responsibility to the Lok Sabha
for all their acts of omission and commission.
 When the Lok Sabha passes a no-confidence motion against the council of
ministers, all the ministers have to resign including those ministers who are
from the Rajya Sabha.
 The principle of collective responsibility also means that the Cabinet
decisions bind all cabinet ministers (and other ministers) even if they
differed in the cabinet meeting.
 It is the duty of every minister to stand by cabinet decisions and support
them both within and outside the Parliament.
 If any minister disagrees with a cabinet decision and is not prepared to
defend it, he must resign.

Benefits of collective responsibility

 The collective responsibility avoids the contradictions between the Council
of Ministers and cabinet.
 It provide benefits to the political loyalty and the party of the Prime Minister
 The collective responsibility helps to make the policy decision as well as the
passing legislation.
 The collective responsibility is a consensus building machine among
Ministers

Drawbacks of collective responsibility

 The collective responsibility curbs the inner part of democracy where the
cabinet ministers have to openly agree with the decision of the prime
minister.
 The initiatives of the individual ministers are curved giving away to the
initiative of the party.
  On the other hand, any urgent attention can be delayed due to the issues of
collective responsibility which is the biggest drawback of collective
responsibility.

Conclusion

“Collective responsibility” has been defined with its specific aspects in terms of
the responsibility of individuals and that of the Council. In this context, “individual
and collective responsibility” has emerged with the role of individuals in order to
act and conduct an entire organization in terms of defining and objectifying the
actions and activities imposed by the members of the organization. In addition to
that, the “Responsibility of councils” has been signified as well with their
responsibilities in terms of the judgement and decision interpreting the further
accommodation of Lok Sabha.

Members of parliament

Introduction

Parliamentary privileges are defined in Article 105 of the Indian Constitution. The
privileges are claimed only when the person is a member of the house. As soon as
he ends to be a member, the privileges are said to be called off. The privileges
given to the members are necessary for exercising constitutional functions. These
privileges are essential so that the proceedings and functions can be made in a
disciplined and undisturbed manner.

Privileges
Freedom of speech in Parliament

The members of the parliament have been vested with the freedom of speech and
expression. The freedom of speech and expression guaranteed to a citizen under
Article 19(2) is different from the freedom of speech and expression provided to a
member of the parliament. It has been guaranteed under Article 105(1) of the
Indian constitution. But the freedom is subject to rules and orders which regulates
the proceedings of the parliament. This right is given even to non-members who
have a right to speak in the house. Example, attorney general of India.

Right of publication of proceedings

As stated in Article 105(2) of the Constitution, no person shall be held liable for
publishing any reports, discussions etc. of the house under the authority of the
member of the house. For paramount and national importance, it is essential that
the proceedings should be communicated to the public to aware them about what is
going on in the parliament. Protection is only granted if it reflects the true
proceedings of the house. If any expunged proceedings are published or any
misrepresentation or misreporting is found, it is held to be the breach of the
privilege and contempt of the house.

Other privileges

Freedom from arrest

The members enjoy freedom from arrest in any civil case 40 days before and after
the adjournment of the house and also when the house is in session. No member
can be arrested from the limits of the parliament without the permission of the
house to which he/she belongs so that there is no hindrance in performing their
duties. But a member can be arrested outside the limits of the house on criminal
charges against him under The Preventive Detention act, The Essential Services
Maintenance Act (ESMA), The National Security Act (NSA) or any such act.

Right to exclude strangers

The members of the house have the power and right to exclude strangers who are
not members of the house from the proceedings. This right is very essential for
securing free and fair discussion in the house. If any breach is reported then the
punishment in the form of admonition, reprimand, or imprisonment can be given.

Right to regulate internal proceedings

Each house has a right to regulate its proceedings in the way it deems fit and
proper. Each house has its own jurisdiction over the house and no authority from
the other house can interfere in regulation of its internal proceedings. Under Article
118 of the Constitution, the house has been empowered to conduct its regulation
for proceedings and cannot be challenged in the court of law on the ground that the
house is not in accordance with the rules made under Article 118.

Right to punish members or outsiders for contempt

The Indian Parliament has the power to punish any person whether strangers or any
member of the house for any breach or contempt of the house. When any breach is
committed by the member of the house, he/she is expelled from the house. This
power has also been upheld by the judiciary in most of the cases. The house can
put in custody any person or member for contempt till the period the house is in
session.

A NON-MEMBER CAN BECOME A MINISTER

Introduction
Article 74(1) provided that there shall be a Council of Ministers with the Prime
Minister as its head to aid and advise the president in the exercise of his functions.

The council of minister consists of three categories of minister minister of cabinet

rank minister of state and deputy ministers. All cabinet ministers are not members
of the cabinet.

The cabinet is a supreme policy making body. The Council of Ministers shall be
collectively responsible to the House of the people. The minister must be a
member of either House of parliament.

Conditions

Article 75(5) provides that a minister who for a period of six consecutive months is
not a member of either House of parliament shall cease to be a minister at the
expiration of that period.

An outsider may be appointed as a minister but he must become member of

parliament within the period of six months.

If he's not elected within the time mentioned above he is bound to resign from the
legislature.

Before a minister enters his office the presidential administer to him the oath of
office and of secrecy according to article 75(4) the minister shall hold office during
the pleasure of the parliament as per article 75(2)

The constitution of India thus makes it obligatory for the president to appoint a
council of minister and he must exercise his functions with the aid and advice of
the ministers.
In S.P Anand V HD Deve Gowda, the Supreme Court has held at the person who
is not a member of either House of parliament can be appointed by Prime Minister
for six months. In this case the petitioner had challenged the appointment of Mr.
Devegowda as the Prime Minister of India in 1996 on the ground that at the time of
appointment he was not a member of either House of parliament. On plain reading
of article 75(5) it is clear that the constitution makers desire to permit a person who
was not a member of either House of parliament to be appointed a minister for a
period of six consecutive months and if during the said period he is not elected to
either House of parliament he will cease to be a minister.