Assignment II

COURSE NAME: CONSTITUTION OF INDIA

COURSE CODE: 101909/ES400F
CLASS: ECE GAMMA DATE: 1/3/2024
Group Details
Roll Number Name of the Student Topic
6 Nazla Fathima The Prime minister
7 Neha Maria Thomas The Parliament
8 Neha Prasanth Rajya Sabha
9 Nevin George Lok Sabha
10 Nisma Shaji Comparison between Lok Sabha & Rajya
Sabha
Joint Sitting
Prime minister
Nazla Fathima V K

+ The President is the nominal executive authority (de jure executive) and Prime Minister is
the real executive authority (de facto executive), in the scheme of the parliamentary
system of government provided by constitution

ELIGIBILITY CRITERIA TO BECOME PRIME MINISTER OF INDIA

To be eligible for the position of the Prime Minister of India, a person should:
+ Be a citizen of India.
+ Be a member of either the Lok Sabha or the Rajya Sabha.
+ Complete 25 years of age if he is a member of the Lok Sabha or 30 years if
he is a member of the Rajya Sabha.
POWERS AND FUNCTIONS OF THE PRIME MINISTER
Concerning the Council of Ministers

The Prime Minister enjoys the following powers as head of the Union council of ministers:
+ He recommends persons who can be appointed as ministers by the president.
+ The President can appoint only those persons as ministers who are

recommended by the Prime Minister.

+ He allocates and reshuffles various portfolios among the ministers.
+ He can ask a minister to resign or advise the President to dismiss him in case of a difference of opinion.
+ He presides over the meeting of the council of ministers and influences its decisions.
+ He guides, directs, controls, and coordinates the activities of all the ministers.
+ He can bring about the collapse of the council of ministers by resigning from office.

Since the Prime Minister stands at the head of the council of ministers, the other ministers cannot function when
the Prime Minister resigns or dies. In other words,the resignation or death of an incumbent Prime Minister
automatically dissolves the council of ministers and thereby generates a vacuum. The resignation or death of any
other minister, on the other hand, merely creates a vacancy which the Prime Minister may or may not like to fill.
Concerning the President
The Prime Minister enjoys the following powers concerning the President:
+ He is the principal channel of communication between the President and the
council of ministers. It is the duty of the prime minister :
- to communicate to the President all decisions of the council of ministers
relating to the administration of the affairs of the Union and proposals for
legislation;
- to furnish such information relating to the administration of the affairs of the
Union and proposals for legislation as the President may call for; and if the
President so requires, to submit for the consideration of the council of ministers
any matter on which a decision has been taken by a minister but which has not
been considered by the council.
+ He advises the president concerning the appointment of important officials
like attorney general of India, Comptroller and Auditor General of India,
chairman and members of the UPSC, election commissioners, chairman and
members of the finance commission, and soon.
Concerning Parliament
The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the
following powers:
+ He advises the President about summoning and proroguing of the sessions of the
Parliament.
+ He can recommend the dissolution of the Lok Sabha to President at any time.
+ He announces government policies on the floor of the House .
Other Powers & Functions

In addition to the above-mentioned three major roles, the Prime Minister has various other roles.
These are:
+ He is the chairman of the Planning Commission (now NITI Aayog), National Development Council,
National Integration Council, Inter-State Council, and National Water Resources Council.
+ He plays a significant role in shaping the foreign policy of the country.
+ He is the chief spokesman of the Union government.
+ He is the crisis manager-in-chief at the political level during emergencies.
+ As a leader of the nation, he meets various sections of people in different states and receives
memoranda from them regarding their problems, and so on.
+ He is the leader of the party in power.
+ He is the political head of the services. Thus, the Prime Minister plays a very
significant and highly crucial role in the politico-administrative system of the country.
Dr. B R Ambedkar stated, ‘If any functionary under our constitution is to be compared
with the US president, he is the Prime Minister and not the president of the Union.
Relationship with The President

The following provisions of the Constitution deal with the relationship between the President
and the Prime Minister:
Here's a concise summary of the provisions regarding the President-Prime Minister
relationship in the Indian Constitution:
1. Article 74: Establishes a council of ministers with the Prime Minister as the head to aid
and advise the President, who generally acts based on this advice but can require
reconsideration.
2. Article 75: Prime Minister appointed by the President, other ministers appointed on PM's
advice, ministers hold office at the President's pleasure, and the council is collectively
responsible to the House of the People (Lok Sabha).
3. Article 78: Prime Minister's duties include communicating council decisions to the
President, providing requested information, and submitting unconsidered matters for council
review if asked by the President.
Relationship with the parliament
+ Appointment and Role:
• Article 75(1): The Prime Minister is appointed by the President and holds office during the pleasure of
the President.

• Article 78: It is the duty of the Prime Minister to communicate to the President all decisions of the Council
of Ministers relating to the administration of Union affairs and proposals for legislation. The Prime Minister also
provides information as requested by the President and submits matters for the consideration of the Council of
Ministers if required by the President.

+ Responsibility to Parliament:
• Article 75(3): The Council of Ministers, with the Prime Minister at the head, is collectively
responsible to the House of the People (Lok Sabha). This means that they are accountable
to the Lok Sabha for the functioning of the government .
• Article 75(4): The Council of Ministers remains in office until a new Council of Ministers is formed
after the general elections.
Participation in Parliamentary Proceedings:
Leader of the House: The Prime Minister is usually the leader of the Lok Sabha,
participating in debates, discussions, and Question Hour sessions.
Parliamentary Accountability: The Prime Minister is accountable to Parliament
for the actions and decisions of the government. They face questions, criticisms,
and scrutiny from Members of Parliament (MPs) during parliamentary sessions.
Legislative Initiatives:
Union Budget: The Prime Minister, along with the Finance Minister, presents the
Union Budget in Parliament, outlining the government's financial plans and
seeking parliamentary approval.
Bills and Legislation: The Prime Minister, through the Council of Ministers,
introduces bills, proposes amendments, and seeks parliamentary support for
legislative measures.
 Internal

THE PARLIAMENT
- Composition,functions and
features

“UNDERSTANDING THE BACKBONE OF

DEMOCRACY”

BY NEHA MARIA
ROLL NO:07
Internal

The Indian Parliament comprises of

the President and the two Houses -
Rajya Sabha (Council of States) and Lok
Sabha (House of the People).

The President has the power to

summon and prorogue either House of
Parliament or to dissolve Lok Sabha.

The Constitution of India came into

force on January 26, 1950.

The first general elections under the

new Constitution were held during the
year 1951-52 and the first elected
Parliament came into existence in
April, 1952..
ORGANISATION/COMPOSTION OF PARLIAMENT
Internal

• Under the Constitution, the Parliament of India consists of three

parts: the President, the Council of States(‘Rajya Sabha’) and the
House of the People (‘Lok Sabha’)

• The Rajya Sabha is the Upper House (Second Chamber or House of

Elders) and the Lok Sabha is the Lower House (First Chamber or
Popular House).

• Though the President of India is not a member of either House of

Parliament, he is an integral part of the Parliament. This is because a
bill passed by both the Houses of Parliament cannot become law
without the President’s assent.
 Internal

RAJYA SABHA(UPPER HOUSE)

Composition of Rajya Sabha

• The maximum strength of the Rajya Sabha(Fourth Schedule of
the Constitution) is fixed at 250, out of which, 238 are to be
the representatives of the states and union territories (elected
indirectly) and 12 are nominated by the president.
• 1. Representation of States: The representatives of states in
the Rajya Sabha are elected by the elected members of state
legislative assemblies. The seats are allotted to the states in
the Rajya Sabha on the basis of the population

This Photo by Unknown Author is licensed under CC BY-SA

• 2. Representation of Union Territories: The representatives of
Internal

each union territory in the Rajya Sabha are indirectly elected by

members of an electoral college specially constituted for the
special purpose.
• 3. Nominated Members: The president nominates 12 members
to the Rajya Sabha from people who have special knowledge or
practical experience in art, literature, science and social service
purpose
• The tenure of upper house is 6 years.
 Internal

•LOKSABHA (LOWER HOUSE)

Composition of Lok Sabha
• The maximum strength of the Lok Sabha is fixed at 552. Out of this, 530
members are to be the representatives of the states, 20 members are to be
the representatives of the union territories and 2 members are to be
nominated by the president from the Anglo Indian community.
• Its normal term is five years from the date of its first meeting after the
general elections

This Photo by Unknown Author is licensed under CC BY

• 1.Representation of States: The representatives of states in the
Internal

Lok Sabha are directly elected by the people from the territorial
constituencies in the states. (Universal Adult Franchise)

•2. Representation of Union Territories: The Constitution has

empowered the Parliament to choose the representatives of the
union territories in the Lok Sabha.

•3. Nominated Members: The president can nominate two

members from the Anglo- Indian community.
 Internal

FUNCTIONS OF PARLIAMENT
1. Legislative Powers and Functions: The primary function of Parliament is to
make laws for the governance of the country

2. Executive Powers and Functions: It also supervises the activities of the Executive
with the help of its committees like committee on government assurance,
committee on subordinate legislation, committee on petitions, etc.

3. Financial Powers and Functions: The enactment of the budget, Tax Matters etc.,

4. Constituent Powers and Functions: Amendment of the Constitution requires

consent from parliament

5. Judicial Powers and Functions : Impeach the President, Removal of the Vice-
President etc.,
 Internal

6. Electoral Powers and Functions: Election of the President and Vicepresident. The Lok Sabha
elects its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman.

7. Other powers and functions: Approves all the three types of emergencies, It can increase or
decrease the area, alter the boundaries and change the names of states of the Indian Union etc.
 Internal

Features of the Parliament

-Bicameralism: Rajya Sabha and Lok Sabha

- Sovereignty: Supreme legislative authority

- Federal Structure: Represents states and Union territories

- Representation: Forum for elected representatives

- Checks and Balances: Oversight of executive branch

Rajya Sabha: The Upper
House
The Rajya Sabha, or the Council of States, is the upper house of the bicameral
Parliament of India. It plays a crucial role in the Indian legislative process,
serving as a platform for diverse perspectives and providing a checks-and-
balances system to the more populous Lok Sabha.

Neha Prasanth
S4 ECE Gamma
Composition of Rajya Sabha
Total Seats State Representation Nominated Members

The Rajya Sabha consists of 245 The seats are allocated to states The 12 nominated members are
seats, with 233 members elected and union territories based on chosen for their contributions to
by the state and union territory their population, ensuring fair fields such as art, literature,
legislatures, and 12 members and proportional representation. science, and social service.
nominated by the President.
Key features of Rajya Sabha
1 Permanence 2 Equal Representation 3 Oversight Role
The Rajya Sabha is a Each state is equally The Rajya Sabha plays a
continuous body, with one- represented in the Rajya crucial role in providing
third of its members Sabha, regardless of its oversight and
retiring every two years, population, promoting accountability, scrutinizing
ensuring institutional federalism and protecting government policies and
memory and continuity. the interests of smaller legislation.
states.
Qualifications for Rajya Sabha membership
Citizenship Age
A candidate must be a citizen of India to be The minimum age requirement for Rajya Sabha
eligible for Rajya Sabha membership. membership is 30 years.

Education Residence
A candidate must have a bachelor's degree or The candidate must be a resident of the state or
equivalent qualification to be eligible. union territory they are representing.
Election process for Rajya Sabha
1 Nomination
Candidates are nominated by state and union territory legislatures, based on their
proportional representation.

2 Voting
Elected members of the state legislature vote to elect Rajya Sabha representatives,
using a system of proportional representation.

3 Confirmation
The elected members are then confirmed and take their seats in the Rajya Sabha.
Functions and powers of Rajya Sabha

Legislative Role Oversight Constitutional

The Rajya Sabha participates in The Rajya Sabha scrutinizes Amendments
the legislative process, debating government policies and actions, The Rajya Sabha plays a crucial

and passing bills, including those holding the executive accountable role in amending the Constitution,

that impact state-level policies. through debates, questions, and as certain amendments require its

discussions. approval.
Role of Rajya Sabha in the legislative process

Bill Introduction Debate and Passage Presidential Assent

Bills can be introduced in Bills passed by the Lok After passing both
either the Lok Sabha or Sabha are sent to the houses, the bill is sent to
the Rajya Sabha, except Rajya Sabha for debate the President for final
for money bills, which and passage, where they assent, upon which it
must originate in the Lok may be amended or becomes an Act of
Sabha. returned to the Lok Parliament.
Sabha.
Conclusion
The Rajya Sabha is a vital component of India's
bicameral Parliament, providing a balanced and
deliberative approach to legislation and
governance. Its diverse composition, equal
representation, and oversight role ensure that the
interests of all states and stakeholders are
considered in the policymaking process.
 ASSIGNMENT-2
CONSTITUITION OF INDIA

NISMA SHAJI
S4 ECE-gamma
Group 2
Roll No:10
 CONTENT
1. Qualification and disqualification of membership in
Rajya Sabha
2. Qualification and disqualification of membership in
Lok Sabha
3. Comparison between Lok Sabha and Rajya Sabha
4. Joint Sitting
RAJYA SABHA
QUALIFICATION
● Must be a citizen of India.
● He must be above the age of 30 years.
● He must possess all other qualifications as laid
down by the Parliament.
● He should not be an insane or a bankrupt
● He should not have been disqualified under any law
of the Parliament.
DISQUALIFICATION
● Article 102 of the Constitution lays down that a person shall be
disqualified for being chosen as, and for being, a member of either
House of Parliament -
● If he holds any office of profit under the Government of India or the
Government of any State, other than an office declared by Parliament
by law not to disqualify its holder;
● If he is of unsound mind and stands so declared by a competent
court;
● If he is not a citizen of India
● If he is an undischarged insolvent
● If he is so disqualified by or under any law made by Parliament.
LOK SABHA
QUALIFICATION
● He must be a citizen of India
● He must be not less than 25 years of age
● He must be registered as an elector for a Parliamentary
constituency
● He must possess other qualifications prescribed by
Parliament.
DISQUALIFICATION
● A person is disqualified from being a member of the Lok
Sabha if they hold any office of profit under the Government
of India or any state government, other than an office
declared by Parliament by law not to disqualify its holder.
● If he is of unsound mind.
● If he/she is an undischarged insolvent;
● If he is so disqualified by or under any law made by
Parliament
 COMPARISON BETWEEN LOK
SABHA AND RAJYA SABHA
Where Rajya Sabha is equal to Lok Sabha
● Introduction and passage of ordinary bills.
● Introduction and passage of Constitutional amendment bills.
● Introduction and passage of financial bills involving expenditure from the
Consolidated Fund of India.
● Election and impeachment of the president
● Election and removal of the Vice-President.
● Making recommendation to the President for the removal of Chief Justice and
judges of Supreme Court and high courts, chief election commissioner and
comptroller and auditor general.
● Approval of ordinances issued by the President.
● Selection of ministers including the Prime Minister.
Unequal Status with Lok Sabha
● A Money Bill can be introduced only in the Lok Sabha and not in the
Rajya Sabha
● Rajya Sabha cannot amend or reject a Money Bill. It should return the bill
to the Lok Sabha within 14 days, either with recommendations or without
recommendations.
● The Lok Sabha can either accept or reject all or any of the
recommendations of the Rajya Sabha
● A financial bill, not containing solely the matters of Article 110, also can
be introduced only in the Lok Sabha and not in the Rajya Sabha.
● The final power to decide whether a particular bill is a Money Bill or not
is vested in the Speaker of the Lok Sabha.
● Rajya Sabha can only discuss the budget but cannot vote
on the demands for grants
● A resolution for the discontinuance of the national
emergency can be passed only by the Lok Sabha and not
by the Rajya Sabha.
● The Rajya Sabha cannot remove the council of ministers
by passing a no-confidence motion. This is because the
Council of ministers is collectively responsible only to
the Lok Sabha.
JOINT SITTING
● Joint sitting is an extraordinary machinery provided by the
Constitution to resolve a deadlock between the two Houses over the
passage of a bill.
● A deadlock is deemed to have taken place under any one of the
following three situations after a bill has been passed by one House
and transmitted to the other House:
1. if the bill is rejected by the other House;
2. if the Houses have finally disagreed as to the amendments to be
made in the bill; or
3. if more than six months have elapsed from the date of the receipt of
the bill by the other House without the bill being passed by it.
● Joint sitting is applicable to ordinary bills or financial bills only and not to
money bills or Constitutional amendment bills
● The quorum to constitute a joint sitting is one-tenth of the total number of
members of the two Houses
● If the bill in dispute is passed by a majority of the total number of
members of both the Houses present and voting in the joint sitting, the bill
is deemed to have been passed by both the Houses