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The document outlines the Constitution of India, focusing on the role and powers of the President, including qualifications for election, election procedures, impeachment processes, and various powers such as executive, legislative, financial, judicial, military, and diplomatic. It details the election process involving an electoral college, the term of office, and the President's veto powers. Additionally, it discusses the emoluments and official residences of the President, as well as the oath of office and eligibility for re-election.

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0% found this document useful (0 votes)
28 views119 pages

Coi 2

The document outlines the Constitution of India, focusing on the role and powers of the President, including qualifications for election, election procedures, impeachment processes, and various powers such as executive, legislative, financial, judicial, military, and diplomatic. It details the election process involving an electoral college, the term of office, and the President's veto powers. Additionally, it discusses the emoluments and official residences of the President, as well as the oath of office and eligibility for re-election.

Uploaded by

VITTAL M V R
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Constitution of India

By
Pavan Kumar . Gudipati, M.Tech.,
Assistant Professor,
G. Pullareddy Engineering College(Autonomous)
Kurnool – Andhra Pradesh
Constitution of India

The Union of india

Articles(52-151)
The President of India

We have not given him any real power, but


we have made his position one of great


authority and dignity.” – Jawaharlal Nehru
 He is the head of the Indian executive Union (Nominal Executive Head)
 First Citizen of India
 Supreme Commander of Armed & Defense forces of India

The Indian constitution accords with the president, the


responsibility and authority to defend and protect the
Constitution of India and its rule of law.
The President of India
• Qualification of election of
5 • There shall be a president of India 58
President
2
• The Executive powers of Union vested in the
5 hands of President • Conditions of president
3 59
Office

5 • Election of president
4 • Living wage etc. for
60
workers.
5 • Manner of Election
5
• Procedure for
5 • Term of office of president 61
Impeachment
6

5 • Eligibility for Re-election • Time for holding election


4
7 62 to fill vacancy in the office
of president
The President of India
Qualification for the election to the office of President of India (58)
 He must be a citizen of India
 He must have 35 years of age or above
 The Presidential candidate should be qualified to become a member of the Lok Sabha
 He should not hold any office of profit under the government.

However, Certain office-holders are permitted to stand as Presidential candidates. Those are:
 The current president or The current Vice President.
 The Governor of any State.
 A Minister of the Union or of any State.
The President of India
Term of the office(56)
The president is elected for the term of 5years
The term may be cut short if, He/She
 Resigns(by writing to vice president)
 Removed on charge of violation of constitution by the process called “ Impeachment ”as laid down in the
constitution
Vacancy in the office(62)
 By the expiry of the term
 By his/her death
 By his/her resignation
 Within six months have to fill the vacancy from the date of occurring of vacancy
 Vice president will act as president or CJI will be appointed as president( vacancy in vice president
office)
Election of The President of India

 The President of India is chosen by an electoral college


 which consists of the elected members of both houses of parliament (M.P.s),
 The elected members of the State Legislative Assemblies (Vidhan Sabha) of all
States
 The elected members of the legislative assemblies (MLAs) of two union territories,
i.e., National Capital Territory (NCT) of Delhi and Union Territory of Puducherry.
 The election is held in accordance with the system of proportional representation
(PR) by means of the single transferable vote (STV) method. The voting takes place
by a secret ballot system.
Election of The President of India
Value of an MLA vote:

𝑉𝑎𝑙𝑢𝑒 𝑜𝑓 𝑎𝑛 𝑀𝐿𝐴=¿ ¿
=159

=132

Total MLA’s = 4120


Total Population = 549,302,005
Total MLA’s Value = 549,495
Election of The President of India
Value of an MLA vote:

𝑡h𝑒 𝑠𝑢𝑚 𝑜𝑓 𝑣𝑜𝑡𝑒 𝑣𝑎𝑙𝑢𝑒 𝑜𝑓 𝑎𝑙𝑙 𝑀𝐿 𝐴 𝑠
𝑉𝑎𝑙𝑢𝑒 𝑜𝑓 𝑎𝑛 𝑀 P= ′
𝑇𝑜𝑡𝑎𝑙 𝑛𝑜 𝑜 f elected MP s ∈both Loksabha∧Rajyasabha

=708

Total MP’s = 776


Each MP Vote value = 708
Parliament vote Value = 549,408
Election of The President of India

Total number
Elector Total value of votes
of electors
Members of Legislative Assemblies
4,120 549,495
(elected)
Members of Parliament (elected) 776 549,408
Total 4,896 1,098,903

=549452
Single vote transferable

Consider total value of votes=10000


For A=3800
For B=2900
For C=1200
For D=2100
Impeachment of the president
A President can be removed for violation of the Constitution.

 The process may start in either of the two houses of the Parliament.
 Either of the two houses can initiate the process.
 The charges leveled against the President have to be signed by at least one 1/4th of the total members of
that house.
 The notice is sent up to the President and 14 days later, it is taken up for consideration.
 A resolution to impeach the President has to be passed by a two-third majority of the total members of
the originating house.
 It is then sent to the other house. The other house investigates the charges that have been made. During
this process, the President has the right to defend himself/herself through an authorized counsel.
 If the second house also approves the charges made by two-third majority again, the President stands
impeached and is deemed to have vacated his/her office from the date when such a resolution stands
passed.
 Other than impeachment, no other penalty can be given to the President for the violation of the
Constitution
The President of India
Eligibility for RE-election (Article-57)
 The president of India is Eligible for Re-election to the president office for the next term of office, if he
satisfies the rules of the constitution.
 Till now, Only Dr. Babu Rajendra Prasad alone re-elected for the second term.
 Nehru in 1961 Parliament meeting , He suggested the Presidents not to elect for the office more than
twice

Matters Relating to the disputes of election of President


(71)
 Disputes this regarding are dealt by Supreme Court only, whose jurisdiction shall be exclusive & Final
 Dispute can be bought in front of Supreme Court only after Election.
 On Account of Vacancies in the electoral college no petition can be filed…
The President of India
Oath or affirmation (60)
 Every President or Acting president of India shall make his oath in the presence of CJI or
senior most judge

I, ____________ do swear in the name of god that I will faithfully execute solemnly affirm the office
of President of India and will to be the best of my ability preserve, Protect and Defend the
constitution and the Law and that I will devote myself to the service and well being of the
people of India
Emoluments of The President

 Salary: INR 10000 (1950)---INR 50000 (1998)--1.5 Lakhs ( 2008 Sep 11)----5 lakhs ( 2018)

 However, almost everything that the president does or wants to do is taken care of by
an annual ₹225 million (22,50,00,000) budget that the Government allots for his or
her upkeep.
 Official Residencies:
 Rashtrapati Bhavan (Delhi)
 Rashtrapati Nilayam (Bollaram)
 Retreat Building (shimla)
Emoluments of The President

 Rashtrapati Nilayam (Bollaram)  Retreat Building (Shimla)


Emoluments of The President

The President's Bodyguards is an elite The official state car of the president is a custom-
household cavalry regiment of the built heavily armored Mercedes Benz S600
Indian Army.
Emoluments of The President

Air India One is the call sign of any aircraft


A chopper of IAF's special VIP fleet meant for
carrying the president. The aircraft are operated
carrying the President of India
as VIP flights by the Indian Air Force
The powers of The President

Executive Powers

Legislative Powers
• Veto powers

Financial Powers

Judicial Powers

Military Powers

Diplomatic Powers

Emergency Powers
Executive powers of The President
 Executive Powers Means the execution of Law enacted by the legislature
 The president is the Formal Head of the Republican Administration
 This administrative powers include Power to Appoint the high dignitaries of the Union
 Prime minister & the Members of Union with his suggestion
 CJ of supreme court & other judges (124(2))
 State Governors (155)
 Comptroller & Audit General (148)( Vinod Roy)
 High court Chief justices & other judges (217)
 SC,ST Welfare Commission & its members (339)
 National OBC Commission(340)
 Ambassadors of the Nation
 Governor of RBI
 Chairman of SSC (Ashim Khurana)
Rajiv Mehrishi, IAS
Executive powers of The President
 Chief Election Commissioner (329(2))
(Om Prakash Rawat)
 Attorney General (76(1))
KK Venugopal
 Solicitor general
Ranjit Kumar
 Additional Solicitor general
Sathayapal Jain
PP Malhotra
 Chief Commissioners of union territory
 Lieutenant governors
 Delhi: Anil Balaji (Najib Jung)
 Puducherry: Kiran Bedi
 National Security Council
legislative powers of The President

 He is the integral part of the Legislature(Any bill have to get assent from him)
 He can summon or prorogue the Parliament and can dissolve the Lok Sabha.
 He nominates 12 members to the Rajya Sabha from amongst persons having special knowledge or
practical experience in Literature ,science, art and social service
 He can nominate 2 members to Lok Sabha from Anglo Indian community
 he can promulgate Ordinance when the parliament is not in session
 He lays reports of CAG, UPSC, finance commission and others before the parliament
 He decides on questions as to disqualification of MPs in consultation with the EC
legislative powers of The President
 He can summon the joint sitting of both the houses of Parliament which is presided by the speaker
of the Lok Sabha(1961------- Dowry issue,1978-----Nationalization of Banks, 2002 -----POTA Act ,
2008---women reservation(Not passed))
 Nomination of temporary speaker
 He has veto powers under article 111
 When a bill is passed in both the houses of parliament, It is sent to the president for ASSENT, then
 He may give his assent to bill
 He may declare that he Withhold his assent to the bill
 He may Return the bill for reconsideration( not applicable to money bills)
This Powers called Veto Powers
 If the bill is passed again by Parliament with or without amendments and presented again to
president he must give his assent to that bill
Veto powers of The President

 Absolute Veto, that is, withholding of assent to the bill passed by the legislature
 Qualified veto, which can be overridden by the legislature with a higher majority.
 Suspensive veto, which can be over ridden by the legislature with an ordinary majority.
 Pocket veto, that is, taking no action on the bill passed by the legislature.

Of the above four, the President of India is vested with three—absolute veto, suspensive veto and
pocket veto. There is no qualified veto in the case of Indian President; it is possessed by the American
President.
Veto powers of The President

Absolute Veto:
It refers to the power of the President to withhold his assent to a bill passed by the Parliament.
The bill then ends and does not become an act.
Usually, this veto is exercised in the following two cases:
(a) With respect to private members’ bills (ie, bills introduced by any member of Parliament who is not a
minister); and
(b) With respect to the government bills when the cabinet resigns (after the passage of the bills but before
the assent by the President) and the new cabinet advises the President not to give his assent to such
bills.
Veto powers of The President
Suspensive Veto:
The President exercises this veto when he returns a bill for reconsideration of the Parliament.
 However, if the bill is passed again by the Parliament with or without amendments and again presented
to the President, it is obligatory for the President to give his assent to the bill.
 This means that the presidential veto is overridden by a re-passage of the bill by the same ordinary
majority (and not a higher majority as required in USA).
 The President does not possess this veto in the case of money bills.
 The President can either give his assent to a money bill or withhold his assent to a money bill but
cannot return it for the reconsideration of the Parliament.
 Normally, the President gives his assent to money bill as it is introduced in the Parliament with his
previous permission.
Veto powers of The President
Pocket Veto:
 In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending
for an indefinite period.
 This power of the President not to take any action (either positive or negative) on the bill is known as the
pocket veto.
 The President can exercise this veto power as the Constitution does not prescribe any time-limit within
which he has to take the decision with respect to a bill presented to him for his assent.
 The pocket of the Indian President is bigger than that of the American President because President of USA
has to return the bill for reconsideration within 10 days.
 It should be noted here that the President has no veto power in respect of a constitutional amendment
bill. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent
to a constitutional amendment bill.
Financial powers of The President
•Money bill can be introduced in the Parliament only with his prior recommendations(117)
•He causes to be laid before the parliament the union budget ( even vote on account budget)(112-113)
•He constitutes a finance commission after every 5yrs for the distribution of taxes between states &
union(280)
•He can make advances from “Contingency fund of India” to meet any unseen expenses
•CAG submits its report to the president and then president put forwarded this to before the parliament
• 14th Finance commission (2015-20) 2013
• Y.V. Reddy, Sushma Nath, M. Govinda Rao, Abhijit Sen
• 15th Finance commission _(15th 2020-2025) (2017)
• Nand Kishore Singh, Shaktikanth Das and Anoop Singh
judicial powers of The President
 Appoints the chief justice and the judges of supreme court and high courts
 Can seek advice from the Supreme Court on any question of law or fact (he may not binded for that
advice)
 He can grant Pardon, Reprieve, Respite, Remit and Commute the punishment of any person(72)
• Pardon : sets a person free from All punishments imposed on him by a court of law
• Reprieve : Stay of Execution for a Temporary Period
• Respite : Awarding Lesser sentence instead of penalty prescribed by Law
• Remission :reducing the amount of sentence without changing its character
• Commutation :substitution of one form of punishment to other form(lighter character)
Military powers of The President
•He is the supreme commander of defense forces
•He appoints the chiefs of defense forces
•Can declare war or conclude peace subject to approval of parliament

Present Chief of Army Staff:


General Bipin Rawath ( Dalbir Singh)
Present Chief of Navy Staff:
Admiral Suneel Lamba ( RK Dhowan)
Present chief of the Air Staff
Air chief Marshal Birender Singh Dhanoa
Diplomatic powers of The President

 International treaties and agreement are negotiated and concluded on behalf of the president
subject to the approval of parliament
 He appoints Indian Ambassadors and high Commissioners of different countries
 He can reject or permit the Diplomats , Ambassadors of foreign countries into the Indian
Union
 He nominate the persons to the UNO as Indian representative
 He can order the Ambassadors to leave the country during War
 He represents India at international forums and sends and receives diplomats
Emergency powers of The President
 During the times of emergency in the Indian Union the President is vested with special
powers and he also becomes the real head of the country.
 The President of India has the power to declare three types of emergency. They are
 National Emergency ( Art-352)
 State Emergency (Art-356) and
 Financial Emergency (Art-360)
Emergency powers of The President
National emergency(Art-352)
 A National emergency can be declared in the whole of India or a part of its territory for causes of war
or armed rebellion or an external aggression.
 According to Article 352 If the President believes that there is a threat to the security of India or to the
security of a part of India, he has the power to declare National Emergency.
 the President can declare such an emergency only on the basis of a written request by the cabinet of
ministers headed by the P.M .Such a proclamation must be approved by the Parliament with two
thirds majority within one month.
 Such an emergency can be imposed for six months. It can be extended by six months by repeated
parliamentary approval-there is no maximum duration.
 But the President cannot declare National Emergency without the written advice of the Union
Cabinet to avoid misuse of power.
Emergency powers of The President
National emergency(Art-352)
In the history of independent India, there were three periods during which a state of emergency
was need to have existed.
Between 26 Oct 1962 to 10 Jan 1968 during the India- China war — "the security of India"
having been declared "threatened by external aggression"
Between 3 December 1971 to 21 March 1977 originally proclaimed during the Indo-Pakistan
war, and later extended along with the third proclamation — "the security of India" having been
declared "threatened by external aggression"
Between 25 June 1975 to 21 March 1977 under controversial circumstances of political
instability under Indira Gandhi's prime minister ship — "the security of India" having been
declared "threatened by internal disturbances".
National emergency(Art-352)
Revocation or End of Proclamation
The President shall revoke proclamation of emergency any time
Lok Sabha passes a resolution by simple majority in relation to disapproval of continuation of
National Emergency.
A notice in writing shall be given to Speaker of LS or to President if house is not in session and that
notice shall be signed by at least one tenth of total members of LS, in relation to their intend to move a
resolution to revoke National Emergency. A special sitting of LS shall be called within 14 days from date
of such notice.

Until 44th amend 1978, there was no requirement of resolution to be adopted by LS for removal
of proclamation of National Emergency and only satisfaction of cabinet is required for such
removal.
Emergency powers of The President
State Emergency: President Rule (or) Governor Rule
Under Article 356 the President can declare 'State Emergency' or President's Rule either on the basis
of a report of the Governor or otherwise that the constitutional machinery of that state has failed.
During state Emergency, the President of India assumes all executive power of the state to himself.
The state administration is run directly by him or through a person designated for the purpose by him.
It is the Governor of state who runs the state administration on behalf of the President.
In practice, president's rule has been imposed under different circumstances:
State Legislature is unable to elect a leader as Chief Minister
Breakdown of a coalition
Loss of majority in the assembly
Elections postponed for unavoidable reasons
It can be extended for a maximum of 3 years with the approval of the Parliament done every 6 months
State Emergency: President Rule (or) Governor Rule

What is the first state in India to get a taste of President’s Rule??


Punjab had that privilege of being the first state in India to get a taste of President’s Rule.
From 20 June 1951 to 17 April 1952 (302 days). This happened because there was intense infighting within
the Punjab Congress. The one and a half year old CM of Punjab, Dr. Gopi Chand Bhargava could not garner
enough support but, neither could his detractor, Lala Bhim Sen Sachar.
Which state in India to get a taste of President’s Rule for most number of times??
Uttar Pradesh -nine times,
Bihar - Eight times.
Which state in India , the President’s Rule or Governor’s Rule for Long time??
Jammu and Kashmir for a span of six years (19 January 1990 - 9 October 1996) is the longest one the
country has ever witnessed.
Chhattisgarh and Telangana are the only Indian states that have never slipped to President's rule.
State Emergency: President Rule (or) Governor Rule

In Andhra
 Andhra State in November 15,1954 went under President's Rule until March 29,1955 due
to a loss in the majority.( Madhya Paana Nishedham) Tangaturi Prakasham Panthulu
In Andhra Pradesh,
 The state was under President's rule from Jan 11, 1973 to Dec 10, 1973.
 when P.V. Narasimha Rao of Congress party was the chief minister. The situation created
by the violent 'Jai Andhra' agitation for a separate Andhra state forced the centre to invoke
Article 356 of the Constitution.
 Telangana Partition Feb-2014 to June 2 2014.
Emergency powers of The President

Financial Emergency:
Under Article 360, the President of India can proclaim Financial Emergency if he is satisfied
that the financial stability or the credit of India or of any part of its territory is threatened.
The National Emergency and Financial Emergency have no time limit. They can continue to be
extended without any limit. But the State Emergency has a time-limit. It cannot go beyond three
years.
The Presidents of India

1. Babu Rajendra Prasad: (26 Jan 1950 – 14 May 1962)


First President of India
Bihar Stateman
Work as President for Long time( 12 years 3 months 18 days)
A great freedom fighter, and the architect of the Indian
Constitution, having served as President of the Constituent
Assembly that drafted the Constitution of the Republic from
1948 to 1950
Received Bharatha ratna in 1962
The Presidents of India

2. Sarvepalli Radhakrishnan (1962-67)


 India's first Vice-President (1952–62)
second President (1962–67).
 Received Bharatha Ratna in 1954
First Templeton Award Winner in India(1975)
Work as Professor in Mysore University, Oxford University
Act as UNESCO Chairman
Since 1962, his birthday on 5 September is observed as
"Teachers' Day" in India.
The Presidents of India

3. Jakir Hussain(1967-69)
An Educationist and intellectual
Born in Hyderabad
 Work as President for Short time ( 2 years 11 months 20 days)
First Muslim President
Died During his term

Temporary Presidents:
1.V.V Giri(3 may 1969- 20 july 1969)
First Acting President ( Vice - President)
2. Justice Mohammed Hidayathulla ( 20/07/1969- 24/08/1969)
First CJI as President
The Presidents of India

4. Varahagiri Venkata Giri: (1969-74)


Born at Barampur Orissa
First President From Non- Congress party
First president elected as “ Independent Candidate”
 Elected with Least Majority
Opponent Nilam Sanjeeva Reddy
Nationalization of Banks
Rajabaranala Raddu
Book: Voice of Conscience
"Prime Minister’s President"
The Presidents of India

5. Fakruddin Ali Ahmad: (1974-77)


Second Muslim President
Issued the proclamation of emergency by signing the papers at
midnight after a meeting with Indira Gandhi the same day
President who issued more ordinances
Second President who died in his term

Temporary President:
1.B.D Jatti(25 Feb 1977- 25 july 1977)
Second one who the vice president acted as president
The Presidents of India

6. Neelam Sanjiva Reddy: (1977-82)


One and only President from Andhra Pradesh
First Chief Minster of Andhra Pradesh(1956-60 & 62-64)
Worked as Loksabaha Speaker (1967-69)
Youngest President( 64 years)
Elected unanimously

7. Giani Zail Singh: (1982-87)


First Sikh President
Uses his Pocket veto in postal bill issue
The Presidents of India

8. R. Venkatraman: (1987-92)(Tamilnadu)
He introduced the system of Inviting the Leader of single largest party
leader to form government
He used Absolute veto in “ Incresing Allowance of Parliament Bill”
He appointed more number of Prime ministers: Rajiv Gandhi, V.P Singh,
Chandra sekhar, P.V Narasimha rao
Books: My Presidential Years

9. Sankar Dhayal Sharma : (1992-97)(Madhya Pradesh)


Worked as Andhra Pradesh Governor
He Rejected the Christian Reservation Bill
Babri masjid issue (6th December 1992)
The Presidents of India

10. K R Narayanan : (1997-2002) (Kerala)


First Dalit President
Second President who had worked as Ambassador
 Received Best Statesman from Govt of America
Elected with Highest Majority
Rejected the Dissolvement of Rabri devi Govt
Books: In the name of People( Reflections on Democracy
Freedom & Development), Nehru & its Vision
The Presidents of India
11. APJ Abdul Kalam : (2002-07) (TN)
Father of Indian Missiles (Missile man of India)
Became President Without Background of Politics
Named As Scientist President
First President Who travelled in Submarine
First President who flied in MIG-21
He made Rashtrapathi bhavan As Praja Darbar
His Birthday Oct-15 declared as “World’s Student Day” by
UNO
Worked in DRDO
Pokhran II Nuclear test Administartor
The Presidents of India
 Books:  Books:
Wings of Fire Envisioning an Empowered Nation
Ignited Minds Mission India: A Vision for Indian Youth
Vision India-2020 Turning points: A journey through Challenges
My journey Indomitable Spirit
The Family & the Nation Transcendence: My Spiritual Experiences with pramukh
Target 3 Billion Swamiji
Insipiring Thoughts “Who is Kalam” ----- K Ramanatahan
Developments in Fluid Mechanics & Space
Technology
The Presidents of India
12. Prathiba Patil : (2007-12) (Maharashtra)
First Lady President
Worked as Rajastahan Governor
The President who Flied in “Sukoi”
Opponent Bairan Singh Shakavath
First Indian Who got invited by Queen Elizabeth

13. Pranab Mukharjee : (2012-17) (west Bengal)


First president who took oath in Parliament Central Hall
Worked as Industrial development deputy minister in 1973-74
Worked as finance Minister at an a very young age of 47 years(1980-84)
The Presidents of India
Worked as Planning Commission Chairman In PV
Narasimharao term
Worked as Defence minister 2004-06
Worked as External Affairs Minister from 2006-09
Worked as Finance Minister from 2009-12
Opponent PA Sangma(Meghalaya)
Books:
Democratic decade – The days of Indira Gandhi years
Midterm
Saga of Struggle & Sacrifice
Off the Track
Beyond survival emerging dimensions of Indian Economy
Challenges before the Nation
The Turbulent Years: 1980-1996
The Presidents of India

14. Ram Nath Kovind : (2017-) (Uttar Pradesh)


Worked as Governor of Bihar
Opponent Meira Kumar( worked as Loksabaha Speaker)
Ram Nath Kovind, who has been elected as President of
India, got 7,02,044 votes, while his opponent, the joint
Opposition candidate, Meira Kumar, got 3,67,314 out of a
total of 10,69,358.
List of presidents Who worked as Vice List of presidents Who didn’ t worked
Presidents as Vice Presidents

Sarvepalli Radha krishanan Babu Rajendra Prasad


Jakir Hussain Fakruddin Ali Ahmad
V.V Giri Neelam Sanjeeva Reddy (Andhra Pradesh)
R. Venkatraman Giani Jail Singh ( Punjab)
Sankar dayal sharma (Madhya Pradesh),Governor APJ Abdul Kalam
K R Narayanan Prathibha Patil ( Governor)
Pranab Mukharjee
Ram Nath Kovind (Governor)
Vice- President of
India
The vice-President of India
 The second-highest constitutional office in India after the President.
 Article 63 of Indian Constitution states that “There shall be a Vice-President of India."
 The Vice-President acts as President in the absence of the President due to death, resignation,
impeachment, or other situations.
 The Vice-President of India is also Ex officio Chairperson of the Rajya Sabha.
Qualifications:
The person must
 Be a citizen of India
 Have completed more than 35 years of age
 Not hold any office of profit
the Vice-President must be qualified for election as a member of the Rajya Sabha (Council of States)
The vice-President of India
Election:
 The Vice-President is elected indirectly ,by electoral college (Members of Parliament only) with the
system of Proportional Representation by means of the Single transferable vote and the voting is by
secret ballot conducted by Election commission
 State legislatures are not part of the electoral college but
 The nominated members of both the houses are part of electoral college for the vice-presidential election.
 Vice-President must be subscribed by at least 20 electors as proposers and 20 electors as seconders.
 All disputes arising in connection with the election of the Vice-President are petitioned to the Supreme
Court of India.
 The petition is heard by a five-member bench of the Supreme Court, which decides on the matter. The
decision of the Supreme Court is final.
The vice-President of India
Term:
 The Vice-President holds office for five years.
 The Vice-President can be re-elected any number of times.
 However, the office may be terminated earlier by death, resignation or removal.
 The Constitution does not provide a mechanism of succession to the office of Vice-President in the
event of an extraordinary vacancy, apart from a re-election.
 However, the Deputy Chairman of the Rajya Sabha can perform the Vice-President's duties as the
Chairman of the Rajya Sabha in such an event.
The vice-President of India
Removal of Vice-President:
 The Constitution states that the Vice-President can be removed by a resolution of the Rajya
Sabha passed by an effective majority (50% of effective strength of house, here effective strength
equals the total number strength minus the number of vacancies) and a simple majority (50% of total
members who are present and voting) of the Lok Sabha (Article 67(b)).
 But no such resolution may be moved unless at least 14 days' advance notice has been given.
 Notably, the Constitution does not list grounds for removal.
 No Vice-President or ex officio Vice-President has ever faced removal proceedings
 The omissions in the procedure committed by the chairman or the deputy chairman in the Rajya Sabha
cannot be challenged in the court of law per Article 122
The vice-President of India

Salary & Pension:


 There is no provision for the salary of the Vice-President of India in that capacity.
 He or she receives a salary in the capacity as the ex officio Chairman of the Rajya Sabha (Council of
States), which is currently Rs. 4,00,000 per month.
 In addition, he or she is entitled to a daily allowance, free furnished residence, medical, travel and
other facilities.
 The constitution provides that when the ex officio Vice-President acts as the President or
discharges the duties of the President, he or she is entitled to the salary and privileges of the
President. The pension for the Vice-President is 50% of the salary.
 He is the chairman of Committees like Bharatharatna, Padma Awards.
The Prime
minister of India
&
His powers
The Prime minister of India
There will be a Prime Minister and Council of Ministers to aid and assist the President of India.
 The Prime Minister is the head of the Government whereas the President is head of the state.
 The chief adviser to the President of India and head of the Council of Ministers.
 He has the real executive authority.
 Prime Minister is appointed by the president.
 Ministers are appointed by the President in accordance with the advice given by the Prime Minister.
Election of Prime Minister:
The Prime Minister is directly elected by the people.
 The person gets elected as the members of the Lok Sabha or Rajya Sabha.
 The leader with majority of votes in Lok Sabha is appointed as the Prime Minister.
 The President administers the oath to the Prime Minister after his/her appointment by the
President.
The Prime minister of India
Oath:
 The President shall administer the oath of office & secrecy to the Prime Minister and the Council of
Ministers.
Oath of office:
I, <name>, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to
the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that
I will faithfully and conscientiously discharge my duties as prime minister for the Union and that I will do
right to all manner of people in accordance with the Constitution and the law, without fear or favour,
affection or ill-will.
— Constitution of India, Third Schedule, Part I
Oath of secrecy:
I, <name>, do swear in the name of God/solemnly affirm that I will not directly or indirectly
communicate or reveal to any person or persons any matter which shall be brought under my consideration
or shall become known to me as prime minister for the Union except as may be required for the due
discharge of my duties as such Minister.
— Constitution of India, Third Schedule, Part II
The Prime minister of India
Term & Salary:
 The term of the prime minister is not fixed , They hold the office during the pleasure of The
President. It doesn’t mean the president can dismiss prime minister any time, as long as he enjoys the
majority in Lok Sabha he cannot dismissed by the President
 When he loses the confidence in Lok Sabha he must resign or The President can dismiss him.
 The total number of Ministers including the Prime Minister shall not exceed 15%of the total strength
of Lok Sabha.
 The salaries and allowances of all ministers shall be determined by the Parliament
 His resignation is considered as the resignation of entire Council of Ministers.
 Prime Minister acts a link between the President and Council of Ministers.
The powers Prime minister of India
 The prime minister leads the functioning and exercise of authority of the Government of India.
 Some specific ministries/department are not allocated to anyone in the cabinet but the prime minister
them self. The prime minister is usually always in charge/head of:
 Ministry of Personnel, Public Grievances and Pensions
 Cabinet Secretariat
 Appointments Committee of the Cabinet
 NITI Aayog( Planning Commission)
 Department of Atomic Energy
 Department of Space
 Nuclear Command Authority
The powers Prime minister of India
 He is the chairman of different Commissions & Councils:
 NITI (National Institution for Transforming India) Aayog( Planning Commission)
 National Development council
 Inter state Council
 Significant role in shaping Foreign policy of the country
 The prime minister recommends to the president—among others names for the appointment of:
 Chief Election Commissioner of India (CEC) and other Election Commissioners of India (ECs)
 Comptroller and Auditor General of India (C&AG)
 Chairperson and members of the Union Public Service Commission (UPSC)
 Chief Information Commissioner of India (CIC) and Information Commissioners of India
 Chairperson and members of the finance commission (FC)
 Attorney General of India (AG) and Solicitor General of India (SG)
Allowances to the Prime minister of India
 Official Residence 7, Lok Kalyan Marg —
previously called the 7, Race Course Road
 For ground travel, the prime minister uses a
highly modified, armored version of a Range
Rover
 while for air travel, Boeing 777-300ERs
designated by the call sign Air India One (AI-1
or AIC001), and maintained by the Indian Air
Force —are used,
 The Special Protection Group (SPG) is charged
7, Lok Kalyan Marg —previously called the 7, Race
with protecting the sitting prime minister and Course Road
his/her family
The Prime minister of India
 The Prime minister of India have to resign during following situations
 When he fails to show his majority in Lok Sabha
 When No Confidence motion in Lok Sabha Passed
 When Lok Sabha rejects Budget
 By the pass of Private bill even though the Government Oppose the bill.
 When Motion of Thanks to the President Speech failed
 About Prime Minister ship:
 The sun among the planets---- William Ivor Jennings
 The moon Among stars-----William Vener
 Keystone of Cabinet Arch----- Gladstone
 Captain of the ship of parliament------ raam se myur
The Prime ministers of India
1. Pandit Jawahar Lal Nehru: (1947-64)(16 years 226 days)
First Prime Minister of India
Famous as Architect of New India & Architect of Indian Foreign Policy
One of the founder of Non- Alignment Movement
Panchsheel Declaration with Chou-En-Lai in 1954 Jun 28
Introduced Panchayath raj system in 1959
Faced the first Indo- Pak War (1948), Indo-China War (1962) imposed
emergency in 1962
Books: Discovery of India, Glimpses of World History
Autobiography : Toward Freedom
Died during his term of office
Worked as President for INC (3 times)
The Prime ministers of India
Jawahar Lal Nehru….. Contd…
 First Prime Minister Who received Bharatharatna
 We celebrate Children’s Day on his B’day
 Introduced Industrial Policy in 1956

G.L Nanda(Guljari Lal Nanda)


 worked as Interim Prime minister( Temporary Prime Minister)
 In 1964 after the death of Nehru(May 27th to June 9th )
 In 1966 after the death of Lal Bahadur Sastry(11th jan – 24th Jan)
 First Deputy Chairman of Planning Commission
 Research scholar on Labor problems in Allahabad University
The Prime ministers of India
2. L. B Shastri: (June 9th 1964- 11th Jan 66)
 Famous as Indian Lincoln
 Gave Slogan of Jai Jawan- Jai Kisan
 Without any portfolio Worked as Central Minister in Nehru cabinet
 Successfully Faced Second Indo-Pak War(1965)
 First prime minister who died overseas
 Sirima-shastri Pact (30th October 1964)
 Shastri died in Tashkent(USSR- Uzbekistan) , at 02:00 on the day
after signing the Tashkent Declaration, reportedly due to a heart
attack, but people allege conspiracy behind the death (poisoned)
 First person who received Bharatharatna After death.
 Resigned for his ministry For the rail accident in Karnataka
The Prime ministers of India
3. Smt. Indira PriyaDarshini Gandhi: (1966-77) (1980-84)
 The First & one & Only Lady Prime Minister in India
 As a Rajya sabha Member she became Prime Minister the first as so
 Worked as PM for 15 Years 303 Days
 The first prime minister who was assassinated
 Gave the slogan “ Garibi Hatao”
 Nationalization of Banks (14 in 1969- 6 in 1980)
 In 1969 congress split as congress(O) & Congress (R), later one
Formed the minority govt in her leader ship…
 First Midterm Elections in 1971
 Abolished Privy Purse policy(1970)
 Successfully faced the third Indo-Pak war (1971)
The Prime ministers of India
3. Smt. Indira Gandh…… Contd
 Liberalization of Bangladesh(1971)
 1971 peace treaty for 20 years with Russia
 Shimla Treaty in 1972 with Zulfikar Ali Bhutto
 First Nuclear test in May 18th 1984 ( operation Smiling Buddha)
 The first Prime Minister attended before the Court
 Allahabad High court states that the election of Indira is Void 12th
June 1975
 Issued National Emergency in July 1975
 Introduced 20 principles policy in 1975
 Only women who worked as Finance Minister
 Only women Who Presented Budget in the Parliament
The Prime ministers of India
3. Smt. Indira Gandhi…… Contd
 Made many amendments to the constitution
 issued Article 356 for more number of times
 First Women Who received Bharatharatna 1971
 As a PM the one Who lost in the elections (1977- Rae Bareli
Narayanan)
 In 1981 Again re elected as PM
 In 1983 presided over 7th Non- Alignment Movement in
India
 “Operation Blue star” in June 1984
 Transformed from Goongi goodiya to Iron Lady of India
The Prime ministers of India
3. Smt. Indira Gandhi…… Contd
 Oct 30 “her blood with the health of the nation”
 Oct 31 1984 Jaswanth & Beant Singh assassinated
 D.K Baaruva a parliamentarian said “ India is Indira
and Indira is India”
 Books:
 My Truth,
 Eternal India
 Peoples & Problems
 What I am
 Bangladesh Freedom Honour (Bangladesh Swadhinata
Sammanona)
The Prime ministers of India
Morarji Desai(24th Mar 1977-28th July 79)
 First Non Congress Prime minister
 First Prime Minister who resigns to his office
 First political Alliance Government
 Presented Budget for More number of times 9 times
 Implemented Yearly Plans
 First PM Who worked as CM
 Appointed two deputy PM’s( Charan singh & Jagjeevan raam)
 Worked as deputy PM & Finance Minister in Indira Cabinet
and resigned to it fot Decreasing value of rupee
 Nishan- E- Pakisthan award first Indian recipient (Dileep
Kumar- second)
The Prime ministers of India
Charan Singh(28th July 1979-14th Jan 1980)
 First Prime Minister Who states Confidence Motion
 Resigns without Entering to the parliament
 First PM who didn’t went for Parliament
 Worked as Prime Minister for 23 Days only
 But Worked as Interim PM for 4 months
 Champion of Indian Peasants
 Books:
 Joint Farming X-rayed (1959)
 India's Economic Policy - The Gandhian Blueprint (1978)
 Economic Nightmare of India: Its Cause and Cure (1981)
 Abolition of Zamindari
 Peasant Proprietorship or Land to the Workers
The Prime ministers of India
Rajiv Gandhi(31st Oct 1984- 1st Dec 1989)
 The Youngest Prime Minister of India (42 years)
 Slogan “Bikari Hatao”
 Made revolutions in IT Industry & Anti Defection Law
 Decrease Age for Right to Vote from 21 to 18 years
 Introduced New Educational Policy
 Extended his cabinet for more times (13 times)
 Established Africa Fund
 Jawahar Rozgar Yojana was launched on April 1, 1989 by merging National Rural Employment
Program (NREP) and Rural Landless Employment Guarantee Programme (RLEGP)
 Bofors Scam or Scandal
 Bday : August 20 (sadbhawana Diwas) Death day: 1991 May 21( Anti Terrorism Day)
The Prime ministers of India

VP Singh(2nd Dec 1989 – Nov 10th 1990)


 National Front government
 National front Chairman- NT Rama Rao
 Formed “ Jana Morcha” for against Corruption
 Formation of Inter- State Council in 1990
 Established National SC & ST commissions
 Against Bofors Scandal left the Rajiv Gandhi Government
 For Election reforms formed a “ Dinesh Goswami Committee”

 First PM Who lost in No Confidence Motion ( BJP withdrawal due to Rama Janma Bhoomi & Ayodhya
Issue )
The Prime ministers of India

Chandrasekhar(Nov 10th 1990- 21st June 1991)


 Prime minister at the time of Rajiv Gandhi Assassination
 Samajwad Janatha Party leader
 With the help of Congress Party formed govt
 Became Prime minister Without any office at Central govt
 Famous as Bonsy Baba
 Famous as Young Turk in Indian Politics
 Alliance collated by withdrawal of congress support
The Prime ministers of India

P.V Narasimha Rao(21st June 1991- 16th may 96)


 First South Indian Prime Minister (AP)
 Father of Indian Economic Reforms
 Famous as Apara Chankya
 Became Prime Minister without being a member of Lok Sabha
or Rajya Sabha
 Who successfully run the Minority Govt for 5 years
 First Economical Reforms Happened in his term
 With the help of JMM party ruled Minority Govt

 APJ Abdul Kalam described Rao as a “Patriotic statesman who believed that the nation is bigger than
the political system"
 Look East Policy(Indonesia, Malaysia, Philippines, Singapore, Thailand(1967), Brunei
Darussalam(84), Vietnam(95) , Laos, Myanmar(97) and Cambodia(99))
 Slogan : “Desh Bachao- Desh Banao”
 Rao's mother tongue was Telugu, and he had an excellent command of Marathi In addition to eight
other Indian languages (Hindi, Oriya, Bengali, Gujarati, Kannada, Sanskrit, Tamil and Urdu), he spoke
English, French, Arabic, Spanish, German and Persian (Total of 16 Languages)
 Books: Auto biography---- The Insider, India & the Asia Pacific, Ayodhya, Half Lion- PVNR Tranformed
India
 Translated Veyi padagalu to hindi as Sahasthra Phan
 More no of times faced no confidence motion(8 times)
 As a prime minister received the punishment of imprison for 3 years in cheating case
 Had to Play Badminton & Tennis
The Prime ministers of India

AB Vajpayee
(16th may 1996-1st June 1996)—(13Days)
(march 19th 1998- April 1999)----(13 Months)
(1999-may 22 2004)-----(5 years)
 The Prime minister who worked for a short period (13 days)
 Slogan : “Jai Jawan, Jai Kisan, Jai Vignan”
 Lost With one Vote in No Confidence Motion(1999)
 Formed an alliance with more number of parties(24 paries)
 Formed NDA(1999-2004) and formed the govt
 Second Nuclear tests happened in his term(1998)
The Prime ministers of India
 Successfully Faced fourth Indo- Pak War(Kargil)
 Attack on Parliament Done in his period 2001
 Main accused ----- Afzal Guru ( 2013 death
sentence)
 Gujarat Violence 2002
 First PM Who delivered his speech in Hindi in UNO General
Assembly
 Made bus journey to Lahore (Lahore Declaration)
 Books:
 India Foreign Policy
 Assam Problems: Repression No solution
 First President of BJP
The Prime ministers of India

HD Deva Gowda(1st June 1996- 21st April 97)


 Second Prime minister Who was not a Member in any
house of Parliament ( later Rajya Sabha Member)
 Second South Indian Prime Minister
 Diploma in Civil Services
 Became Prime minister Without union Cabinet Ministry
 Formed United Front (13 Parties) and became PM From
third front
 Ruled Govt by the support of Congress
The Prime ministers of India

I. K Gujral(21st April 97- march 18 1998)


 Third Prime minister Who became PM from Rajya Sabha
 World stateman Award Recipient
 Janatha dal Leader
 United front (14 Parties) formed Govt
 Later Congress withdraw support
 “Gujral Doctrine” form a New dimension to Indian Foreign
policy
 I. K. Gujral: Matters of Discretion: An Autobiography
The Prime ministers of India

Dr. Manmohan Singh(22nd may 2004- 25th may 2014)


 Fourth Prime minister Who became PM from Rajya Sabha
 Worked as Finance minister in PV Narasimha Rao Cabinet
 He introduced First Economical Reforms in PV Cabinet as
finance minister and as Prime minister he introduced 2nd
stage Economical reforms
 After Nehru He is the only PM Who ruled 5 years
continuously and again elected as PM for second term.
 He was the one who ruled Alliance Govt For a long period in
Indian history
 Indo – United States Civil Nuclear Agreement (July 18th 2005)(123 Nuclear agreement)
 “ Grameena Upadhi Hami Padhkam” 2nd Feb 2006( Bandlapalle in Anantapur district)
 Formed the Madhan Mohan POONCHI Commission for center- state Relationships
 Books:
 The Accidental Prime minister: the making & on making of manmohan singh---- sanjay baru

Prime ministers Who introduced Budget in Parliament: Nehru, Indira Gandhi, Rajiv Gandhi
Prime ministers Who worked as Railway ministers: LB Sastry, AB Vajpayee, Manmohan Singh
Best Parliamentarian Award winner Prime ministers: AB Vajpayee (1994),
Chandra sekhar (95),
Manmohan Singh(2002)
The Prime ministers of India

Narendra Modi(26th may 2014- till date)


 Full name Narendra Damodar das Modi
 CM of Gujarat from 2001-14
 MP from Vadodara & Varanasi
 Now sitting MP From Varanasi
 Second PM Who wins with full Majority
 Second PM Who spoke in Hindi in UNO General Assembly
 Make in India
 Mudra Yojana
 Swatch Bharath
 Jan Dhan Yojana etc.,
The Prime ministers of India
Prime Minister Memorial Place
PM’s who received Bharatharatna
Nehru Shanti van

GL Nanda Narayana ghat Nehru

LB Shastri Vijay ghat GL Nanda

Indira Gandhi Shakthi sthal LB Shastri

Morarji desai Abhay Ghat Indira Gandhi

Rajiv Gandhi Veer Bhoomi Morarji desai

Charan Singh Kisan Ghat Rajiv Gandhi

Chandrasekhar Smruthisthal AB Vajpayee

PV Narasimha rao Gnana Bhoomi


The council of ministers
 Article 74(1) there shall be a council of ministers with a Prime Minister as the Head
 To aid and advice the President
 The real executive power under the constitution of India vested in the hands of Council of Ministers
 All the ministers are appointed by the President with the advice of PM
 The PM allocates Portfolios to other ministers.
 The PM may call for resignation of any minister at any time incase of refusal he may advice the
President to dismiss that minister.
 The minister may choose from the Lok Sabha or The Rajya Sabha
 The Minister who is a member of one house has the right to speak and to take part in the
proceedings of other house
 But he is allowed to vote only in the house of which he is a member.
The council of ministers
Restriction on number of Ministers
 The constitution didn’t laydown the number of ministers that may constitute the council of ministers
 The PM may appoint as many ministers as necessary.
 But, According to the 91st Amendment Act, 2003, the total no of ministers including PM shall not
exceed 15% of total number of members in Lok Sabha.
Rank of Ministers
 All the members of Council of ministers do not belong to same Rank. The Constitution does not
classify ministers into different ranks
 But in practice 4ranks have come to be recognized
 Cabinet Minister
 Minister of state with Independent Charge
 Minister of state or Deputy Minister
The council of ministers

Cabinet Minister
 Has the right to present and participate in every meeting of the cabinet

Minister of state with independent charge:


 When any matter concerning his department is on the agenda of the cabinet, he is invited to attend
the meeting
 Does not work under Cabinet Minister

Minister of state or Deputy Minister:


 Who works under a cabinet minister or Minister with Independent charge
 Work was allotted by the minister under whom he is working
The council of ministers

Appointment of Non- Legislature member as Minister:


 A person who is not a member of any house may also appointed as a Minister.
 He can continue as minister only for six months.
 If he desires to continue as a minister he has to become a member of any of the house befor
expiration of period of six months

 Smallest Cabinet---------- Nehru Cabinet (14)


 Largrest Cabinet---------- Modi (28+11+39) (79)
Manmohan Singh(33+15+33)(78)
Nehru’s first cabinet
Minister Portfolio
Jawahar Lal Nehru PM, External affairs, Commonwealth realations
Sardar Valla Bhai Patel Home , States, Broadcasting & Tele communication
Babu Rajendra Prasad Food & Agriculture
Maulana Abul kalam Azad Education
Dr. John Mathai Railway & Transport
R. K Shanmugam Setti Finance
B.R Ambedkar Law
Jagjivan Ram Labor
Sardar Baldev singh Defence
Rajkumari Amruth Kaur Health
C. H. Baba Commerce
Rafi Ahamd Kidwai Communications
Shyam Prasad Mukarjee Industries & Supply
V. N gadgil Work, mines & Power
Deputy Prime minister

 There is no detail about deputy prime minister any where in the constitution
 In 1989 supreme Court states that its not an issue taking oath as Deputy Prim minister.

Deputy PM PM Year

Sardar Valla bhai Patel Nehru 1947-50

Morarji Desai Indira Gandhi 1967-69

Charan singh & Jagjivan raam Morarji Desai 1979

Yeahwanth rao chawan Charan singh 1979-80

Devi Lal V.P singh 1989-90

Devi Lal Chandrasekhar 1990-91

L.K Advani Vajpayee 2002-04


Attorney General of India

 The Attorney General for India is the Indian government's chief legal advisor,
 Primary lawyer in the Supreme Court of India.
 He can be said to be the lawyer from government's side.
 He is appointed by the President of India under Article 76(1) of the Constitution
 Holds office during the pleasure of the President.
 Qualifications:
 must be a citizen of India.
 He must be a person qualified to be appointed as a Judge of the Supreme Court,
 must have been a judge of some high court for five years or
 an advocate of some high court for ten years or an eminent jurist, in the opinion of
the President
Attorney General of India
Functions & Duties:
 The Attorney General is necessary for giving advice to the Government of India in legal matters referred
to him.
 He also performs other legal duties assigned to him by the President.
 The Attorney General has the right of audience in all Courts in India as well as the right to participate in
the proceedings of the Parliament, though not to vote
 The Attorney General appears on behalf of Government of India in all cases (including suits, appeals and
other proceedings) in the Supreme Court in which Government of India is concerned.
 He also represents the Government of India in any reference made by the President to the Supreme
Court under Article 143 of the Constitution
 The Attorney General is assisted by a Solicitor General and four additional Solicitors General. The
Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of
Law has been consulted. All references to the Attorney General are made by the Law Ministry.
Attorney General of India
Functions & Duties:
 The Attorney General is necessary for giving advice to the Government of India in legal matters referred
to him.
 He also performs other legal duties assigned to him by the President.
 The Attorney General has the right of audience in all Courts in India as well as the right to participate in
the proceedings of the Parliament, though not to vote
 The Attorney General appears on behalf of Government of India in all cases (including suits, appeals and
other proceedings) in the Supreme Court in which Government of India is concerned.
 He also represents the Government of India in any reference made by the President to the Supreme
Court under Article 143 of the Constitution
 The Attorney General is assisted by a Solicitor General and four additional Solicitors General. The
Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of
Law has been consulted. All references to the Attorney General are made by the Law Ministry.
State government

Legislature Executive Judiciary

Assembly Council
Governor High courts &
(Vidhan (Vidhan Chief Minister District Courts
Sabha) Parishad) (Nominal Head) (Actual Head)

Advocate
Ministers
General
State Legislature
 A state legislature that has two houses known as Vidhan Sabha (Assembly) and Vidhan Parishad
( Council ), is a bicameral legislature.
 The Vidhan Sabha is the lower house and corresponds to the Lok Sabha.
 The Vidhan Parishad is the upper house and corresponds to the Rajya Sabha.
 For every state, there is a legislature, which consists of Governor and one House or, two Houses
 Bi cameral Legislature
 Bihar, Andhra Pradesh, Telangana, Jammu & Kashmir, Karnataka, Maharashtra
and Uttar Pradesh
 Remaining all are Uni Cameral Legislature.
 Parliament may, by law, provide for abolition of an existing legislative council or for creation of
one where it does not exist, if proposal is supported by a resolution of the legislative assembly
concerned
Legislative Council
 The Legislative Council (Vidhan Parishad) of a state comprises not more than one third of total number
of members in legislative assembly of the state and in no case fewer than 40 members
 Legislative Council of Jammu and Kashmir has 36 members vide Section 50 of the (Constitution of
Jammu and Kashmir).
 About one-third of members of the council are elected by members of legislative assembly from
amongst persons who are not its members,
 one-third by electorates of members of municipalities, district boards and other local authorities
 one-twelfth by electorate of persons who have been, for at least three years, engaged in
teaching in educational institutions within the state not lower in standard than secondary school
and
 one-twelfth by registered graduates of more than three years
 Remaining members are nominated by Governor from among those who have distinguished
themselves in literature, science, art, cooperative movement and social service. Legislative councils
are not subject to dissolution but one-third of their members retire every second year.
Legislative assembly
 The Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not fewer
than 60 members (Legislative Assembly of Sikkim has 32 members, while Puducherry has
32, Goa and Mizoram have 40 seats each vide Article 371F of the Constitution) chosen by direct
election from territorial constituencies in the state.
 Demarcation of territorial constituencies is to be done in such a manner that the ratio between
population of each constituency and number of seats allotted to it, as far as practicable, is the
same throughout the state.
 Term of an assembly is five years unless it is dissolved earlier.
 Note :
 Andhra Pradesh was abolished in 1984, but has set up a new legislative Council following
elections in 2007
State Executive
 State Executive consists of
 Governor, (Executive Head)(Nominal powers)
 Council of Ministers with Chief Minister as its head and ( real powers)
 Advocate General.
 The Governor of a State is appointed by the President for a term of five years and holds office during his
pleasure.
 Only Indian citizens above 35 years of age are eligible for appointment to this office.
 The Governors and lieutenant-Governors/Administrators of the states and union territories of
India have similar powers and functions at the state level as that of the President of India at Union level.
 Governors exist in the states while lieutenant-governors exist in union territories and in the National
Capital Territory of Delhi.
State Executive

 In India, a lieutenant governor is in charge of a union territory. However, the rank is present only
in the union territories of Andaman and Nicobar Islands, Delhi and Puducherry (the other
territories have an administrator appointed, who is an IAS officer or retired judges of courts ).
 However, the governor of Punjab acts as the administrator of Chandigarh.
 Although lieutenant-governors do not hold the same rank as a governor of a state in the order of
precedence.
 The governors and lieutenant-governors are appointed by the president for a term of five years.
governor
Qualifications:
Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post
of governor. They are as follows:
A governor must
• be a citizen of India.
• be at least 35 years of age.
• not hold any office of profit.
• Must be Efficient in any one of the field (RS Sarkaria Commission)
• Must not be in active politics for 2 years before election
• not be a member of the either house of the parliament or house of the state
legislature.
• After his term also he must not be in active politics (except president & vice
president posts)
governor

Powers & Function:


The primary function of the governor is to preserve, protect and defend the constitution and
the law as incorporated in his/her oath of office under Article 159 of the Indian constitution
in the administration of the State affairs.
In this respect, the governor has many different types of powers:
• Executive powers related to administration, appointments and removals,
• Legislative powers related to lawmaking and the state legislature, that is Vidhan
Sabha or Vidhan Parishad,
• Discretionary powers to be carried out according to the discretion of the governor
governor
Emoluments:
 Various emoluments, allowances and privileges available to a governor are determined by the Governors
(Emoluments, Allowances and Privileges) Act, 1982
 In addition to the monthly salary (3,50,000), the governor is entitled to rent free official residence, free
household facilities and conveyance.
 The governor and his family are provided with free medical attendance, accommodation and treatment
for life
Removal:
The term of governor's office is normally 5 years but it can be terminated earlier by:
 Dismissal by the president (usually on the advice of the PM) at whose pleasure the governor holds office
 Dismissal of Governors without valid reason is not permitted.
 However, it is the duty of the President to dismiss a Governor whose acts are upheld by courts as
unconstitutional and maleficent
 Resignation by the governor
 There is no provision for impeachment, as it happens for the president.
Powers of governor

Executive powers:
 All administrations are carried on his or her name
 He appoints Chief Minister ( need to enjoy majority in assembly)
 Appoints & distribute portfolios among the members of council of
Ministers on the advice of CM
 Appoints Advocate General (D. Srinivas ( Venu Gopal))
 Appoints Members of State Public Commission(APPSC - Prof. Uday
Bhaskar JNTU-K )
Powers of governor

Executive powers:
 State election commissioner ( removed by President only ) (N. Rupesh
Kumar)
 The President consult the Governor for the appointment of High Court
Judge
 He appoints the judges of District courts
 He act as chancellor of the most of the Universities of State
 He save autonomy of university and protects it from political
interference.
 He appoints Vice Chancellors
Powers of governor
Legislative powers:
 The governor summons the sessions of both houses of the state legislature and prorogues them.
 The governor can even dissolve the Vidhan Sabha. (on the advice of the Council of Ministers headed by
the Chief Minister)
 He inaugurates the Assembly by addressing it after assembly elections and first session every year
 Any bill passed by the state Legislature can become law only after the Assent of Governor
 He can return the bill to state legislature for reconsideration ( if it is not a money bill)
 He can issue ordinances when assembly is not in motion ( valid for six months must approve by
assembly to make it as law)
 He can disqualify a Member of house of state when EC Recommends(Article 192)
 He can ask the Advocate General to attend the proceedings of both houses of the state legislature and
report to him any unlawful functioning if any
Powers of governor

Discretionary powers:
The governor can use these powers:
 When no party gets a clear majority, the governor can use his discretion in the
selection of chief ministerial candidate to prove the majority as soon as possible.
 He submits reports on his own to the president or on the direction of the president
regarding the affairs of the state.
 He can withhold his assent to a bill and send it to the president for his approval.
 During an emergency rule per Article 353, governor can override the advice of the
council of ministers if specifically permitted by the president only
Notable Points
First Governor of Andhra/AP------------ CM Trivedi
First Lady governor of AP ------------ Sharada Mukharjee
Second Lady governor of AP ------------ Kumud Ben joshi
Second Governor of AP ---------- Bhimsen sachar
United AP Governor worked for Long time--------- Krishna kanth (7 Years 6 months)
United AP Governor worked for Least time--------- Bipin Chandra jeewanlal Diwan (2 months 18 days)
In AP long time ---------ESL Narasimhan (28 Dec 2009- till now)
Governor abolished the NT Ramarao government------- Raamlal(12 governor)
First Lady Governor in India------- Sarojini Naidu( Uttar pradesh)
Second Lady governor------- Padmaja Naidu (West Bengal)
The youngest Governor------- Swaraj Kaur(37 years)(Mizoram)
Chief Minister And Cabinet
Governor is Head of State Executive but real governing body is state Cabinet Headed by Chief Minister (163)
 Chief Minister is appointed by the Governor
 Ministers are appointed by the governor in accordance with the advice given by the Chief Minister.
 Term is generally 5 years (until he/she enjoys majority in Vidhan sabha(Assembly))
 The resignation of Chief minister equals to the resignation of entire Cabinet
Election of Chief Minister:
The Prime Minister is directly elected by the people.
 The person gets elected as the members of the Vidhan Sabha or Vidhan parishad.
 The leader with majority of votes in Vidhan Sabha is appointed as the Chief Minister.
 The Governor administers the oath to the Chief Minister.
 Non member of Assembly / Council May become chief minister but within 6 months he/she have to
elect to any one of the house
Chief Minister And Cabinet
Chief minister have to resign when
 Fails in Confidence Motion
 No Confidence motion passed
 Assembly rejects Budget
 Assembly Accepts Cut motions
 Government bills not passed in Assembly
Chief Minister acts as a member in
 National Development Council (NDC)
 National integrity Council (NIC)
 Inter state Council (ISC)
 Zonal councils (ZC)
Notable Points
In India
CM who worked for long time ------- Jyothi Basu ( nearly 24 years) west Bengal
CM who worked for short time ------- Jagadambika Pal ( 1 day ) (UP)
-------- Yadyurappa (2 days)
First Dalit CM --------- Damaodar sanjeevaya
First Lady CM --------- Suchetha Kripalani(UP)
First Dalit Lady CM --------- Mayavathi(UP)
Lady CM who worked for long time-------- Shila Dikshith (15 years) Delhi (1998-2013) (5504 days)
----- Jayalalitha (nearly 14
Years 128 days) (5238)
Lady CM who worked for short time-------- Janaki Ramachandran(23 days)
First lady CM of Delhi ------- Sushma swaraj (52 days)1998
Notable Points

CM who worked for two different states


 Tanguturi Prakasham Panthulu Madras state & Andhra State
 N.D Tiwari UP &
Uttharakhand
CM as Independent Candidate
 Biswanath Desh Orrissa
 Madhu koda Jharkhand
Present Lady CM’s
 Vasundara raje sindhia Rajasthan
 Mamatha Benarjee West Bengal
single family worked for Three generation as CM’s
 Shaik Abdulla Farook Abdulla Omar Abdulla(J&K)
S.No Name State Duration Party
1 Suchetha Kripalani UP 1258 days (1963-67) () INC
2 Nadini Satapathy Odisha 1278 days(1972-73, 74-76) INC
3 Sashi kala kakodhkar Goa 2084 days (1973-79) MGP
4 Syeda Anwara Taimoor Assam 206 days (1980-81) INC
5 Janaki Ramachandran TN 23 days(7 jan- 30 jan 1988) ADMK
6 Jayalalitha TN 5238 days (1991) AIADMK
7 Mayavathi UP 2562 days(1995) BSP
8 Rajendar Kaur Badal Punjab 388 days (1966-67 ) INC
9 Rabri Devi Bihar 2746(1997) RJD
10 Sushma swaraj Delhi 52 days(12 oct -3 Dec 1998) BJP
11 Sheila Dikshit Delhi 5504 days (1998-2013) INC
12 UMA Bharathi MP 259 days (2003-04) BJP
13 Vasundara Raje Sindhia Rajasthan (2003-08 & 2013-present) BJP
14 Mamtha Benarjee West Bengal 2011- present AITMC
15 Anandi Ben Patil Gujarath 808 days 2014-16 BJP
16 Mehabooba Mufthi J&K 807 days (4 april 2016-20 jun J & K PDP
2018)

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