*1 QUALIFICATIONS FOR ELECTION AS PRESIDENT
In order to be qualified for election as President, a person
a) must be a citizen of
b) must have completed the age of thirty five years;
c) must be qualified for election as a member of the House of the people.
d) must not hold any office of profit under the Government of India or the Government of any State or under any local or other authority under the control of such governments.
But a sitting President or Vice-President of the Union or the Governor of any state is not disqualified for election as President.
The President cannot be an M.P. or a Member of any State Legislature. If such a person is elected, he shall be deemed to have vacated his seat in that House on the date he enters office as President.
*2 HOW IS THE PRESIDENT OF INDIA
The President of India is elected by INDIRECT ELECTION
The ELECTED members of BOTH Houses of Parliament and the ELECTED members of the Legislative Assemblies of the states elect the President.
These members constitute what is known as the Electoral College.
The President is elected according to the system of PROPORTIONAL REPRESENTATION by means of the SINGLE TRANSFERABLE VOTE.
a) The constitution says that as far as possible there should be UNIFORMITY OF REPRESENTATION of the different States at the election, according to the population and the total number of elected members of the elected M.L.A.S each State.
b) PARITY SHALL ALSO be maintained between the State as a whole and the
c) Members of the
*3 TERM OF OFFICE OF THE PRESIDENT
1. The President's term of office is five years from the date he enters on his office. he is eligible for re-election.
2. The President's term expires after five years but a vacancy may be caused in the office of the President by his death, or resignation or removal by impeachment. OR his election may be set aside.
3. When the vacancy is going to be caused by the expiration of the term of the sitting President, an election to fill the vacancy must be completed before the expiration of the term. But if for any reason the election is not completed the President must continue till the successor enters upon his office.
The Vice President cannot act as President in this case.
4. When a vacancy occurs by reason of any cause other than the expiry of the term of office, an election to fill the vacancy must be held as soon as possible after (and in no case later than six months) the date of occurrence of the vacancy.
Immediately after such a vacancy arises (i.e. by the death or resignation or removal or disqualification of the President) till the a new President is elected the Vice President shall act as President.
5. The new President shall have a term of five years from the date he assumes office.
6. Also during a temporary vacancy caused by President's illness, or absence from
*4 RESIGNATION. REMOVAL OF PRESIDENT
1. The President can resign at any time. He should address his resignation to the Vice President of India.
2. Impeachment of President.
A. The President can be impeached for violation of the constitution.
B. Impeachment is a quasi judicial procedure. Either House may prefer the charge of violation of the constitution before the other House. The other House shall then either investigate the charge itself or cause the charge to be investigated.
C. Before a charge is preferred a resolution expressing the intention to do so should be moved after 14 days notice in writing. It should be signed by not less than 1/4 of the total number of members of that House. That resolution must then be passed (i.e. after the 14 days notice) by a majority of not less than 2/3 of the total membership of that House.
D. Then investigation begins by the other House or by the committee appointed by it. The President shall have the right to appear and to be represented at such investigation.
E. Then the investigating House must pass the resolution of impeachment by 2/3 of its total membership.
When this entire procedure is gone through, the President stands removed.
*5 HOW IS THE VICE PRESIDENT ELECTED?
1. He is elected indirectly.
2. He is elected by an electoral college consisting of the members of both Houses of Parliament.
3. He is elected in accordance with the system of proportional representation by means of the single transferable vote.
So MLA's have no right to take part in the election of the Vice President. Again both the elected and nominated members of parliament take part.
Note the two important deferences between the election of the President and election of the Vice President. The President is elected by the elected MPs and elected MLAs. While the Vice-President is elected only by MPs. (both elected and nominated)
*6 QUALIFICATIONS FOR ELECTION AS VICE PRESIDENT
In order to be qualified to be elected as Vice President a person must be
a) must be a citizen of
d) must not hold an office of profit
But a President, Vice President, Governor or Minister for the
Note the difference between the qualifications prescribed for the President and the Vice President.
In order to be a President a person must be qualified for election as a member of the House of the people, in order to be Vice President, he must be qualified for election as a member of the Council of States.
In case an MP or MLA or MLC is elected as the Vice President, he is deemed to have vacated his seat in that House concerned on the date he enters his office.
*7 TERM OF OFFICE OF THE VICE PRESIDENT
The Vice President holds office for five years.
His office may terminate earlier than the fixed term either by resignation or removal.
A formal impeachment is not required for his removal.
He may be removed by a resolution of the Council of States passed by a majority of its members and agreed to by the House of the people.
The Vice President is eligible for re-election.
Dr.Radhakrishnan was re-elected for a second term in 1957.
*8 DISPUTES RELATING TO THE ELECTION OF THE PRESIDENT & VICE - PRESIDENT
1. Prior to August 1975 election disputes relating to a President or Vice President was vested in the final and exclusive jurisdiction of the Supreme Court.
2. The 39th Amendment Act took away the jurisdiction of the Supreme Court and exclusively vested in a body to be set up by Parliament by law.
3. The 44th Amendment Act restored the original position. Such disputes shall be decided by the Supreme Court whose decision shall be exclusive and final.
4. No dispute can be raised on the ground of any vacancy in the electoral college which elected the President or Vice President.
5. If the election of a President or Vice President is declared void by the Supreme Court, acts done by him before such a decision are not void.
*9 NATURE OF THE PRESIDENT'S VETO POWER
1. Every Bill passed by Parliament must be agreed to by the President. Only then does it become an Act.
2. When a Bill is presented to the President, he can take one of the following three steps.
i) He may declare his assent i.e. he may sign the Bill and then it becomes law.
ii) He may refuse to agree
iii) He may in the case of bills other than money bills return the bill for reconsideration of the Houses. He may send a message suggesting amendments.
A money bill cannot be returned for reconsideration. This is because no money bill can be introduced without his consent in the Lok Sabha.
3. Since by the 42nd Amendment the President shall act according to the advice of the Council of Ministers, the President will sign a bill if Parliament has passed it. Unless the ruling party agrees it cannot be passed. And the President will consent if the ruling party wants the Bill.
4. In the case of a Bill is sent back for reconsideration, if parliament passes it again, the President should agree.
5. No time limit is prescribed for the President to declare or refuse his assent. He may therefore, particularly when the ministry is shaky, just keep the bill on his table for an indefinite period.
6. When a State Legislature has passed a Bill, the Governor of the State may give his assent or withhold his assent or reserve the bill for the consideration of the President.
In one case the Governor is bound to reserve the Bill for the consideration of the President viz., where the law in question would affect the powers of the High Court under the Constitution.
7. In the case of a Money Bill which is reserved , the President may either declare his assent or withhold his assent.
In the case of a non-money Bill the President may, instead of declaring his assent or refusing it , direct the Governor to return the Bill to the Legislature for reconsideration. In this case the Legislature must reconsider the Bill within six months and if it passes again, the Bill shall be presented to the President again. But the President, is not bound to give his assent even if the State legislature pass it again.
Contrast the position in case the President sends a Bill back to Parliament for reconsideration, if Parliament passes it again, he should agree to the Bill.
9. No time limit is prescribed by the constitution either to declare his assent or refuse it, when a Bill passed by a State Legislature is reserved to the President's consideration. So he can just keep the Bill in cold storage without either agreeing to it or rejecting it.
10. Such a provision enabling the Federal government to disallow State Legislation is not present either in
11. In Canada the Governor general has the power not only of refusing his assent to Provincial Legislation but also of directly disallowing a Provincial Act even where it has not been reserved by the Governor for his assent. These powers give the Canadian Governor General control over Provincial legislation.
In
*10 ORDINANCE MAKING POWER OF THE PRESIDENT
1. When Parliament is not in session, the Union Executive might feel the need for a law. It can then request the President to promulgate an Ordinance. An Ordinance is law made by the executive. It has the force of law but only for a limited time.
2. The President's Ordinance making power extends to the legislative competence of Parliament. That is to say the President can issue ordinances on all those subjects on which Parliament can legislate.
3. Since an Ordinance is a form of law, it cannot go against the constitution.
4. An Ordinance can even repeal an Act of Parliament.
5. An Ordinance must be laid before Parliament and must be approved within six weeks of its meeting.
6. Remember that an ordinance cannot be issued when both the Houses of Parliament are in session. It can be issued only when one House is not in session or both the Houses are not in session.
7. Since there cannot be an interval of more than six months between one session of Parliament and another, the duration of an ordinance can utmost extend to six months and six weeks.
8. The executive in
9. The President can issue an ordinance when he is satisfied that there is need for immediate action. But he is the judge of whether such an action is necessary. In other words it is the Council of Ministers (whose advice the President is bound to accept) that is the judge and not any court.
10. In Cooper's case however the Supreme Court expressed the view that the genuineness of the President's satisfaction could possibly be challenged in a court of law on the ground that it was malafide. eg., where the President has prorogued a House of Parliament in order to make an ordinance relating to a controversial matter, so as to by pass the legislature.
The Indira Government got through Parliament the 38th Amendment which laid down that the President's action is final and the nature of his satisfaction cannot be questioned in any court of law.
But it seems as if Cooper's judgement holds good today. The courts can interfere and examine whether the President has acted malafide.
*11 THE PARDONING POWER OF THE PRESIDENT AND GOVERNOR COMPARED
1. In spite of all care and caution Judges do commit errors. In order to safe guard against such a contingency, the Constitution confers upon the President and State Governors the power to confer pardon, reprieve, respite, remission, suspension and commutation.
2. When a pardon is granted both the sentence and the conviction stand cancelled. The offender is absolved from all punishment and disqualifications.
3. When a commutation is granted a higher punishment is substituted by a lighter punishment. Thus death sentence may be substituted by rigorous imprisonment; rigorous punishment by simple imprisonment and simple imprisonment by fine.
4. When remission is granted , the character of the sentence remains the same but the amount of the sentence is remitted.
5. When respite is granted a lesser sentence than the one prescribed is given in view of special fact. Thus in view of the pregnancy of an woman offender, a lesser sentence may be given.
6. Reprieve means a stay of execution of a sentence eg. pending a proceeding for pardon or commutation.
7. We may now compare the powers of the President and Governors in this behalf.
A. The President alone has power to grant pardon in respect of punishment or sentence by court martial. The Governor has no such power.
B. The only authority for pardoning a sentence of death is the President. But the constitution says that if there is a law conferring the power to suspend, remit or commute a sentence of death to a Governor, it shall remain unaffected. Thus the IPC & Cr PC give the Governors the power to suspend, remit or commute a sentence of death in certain cases. This power is left intact But remember generally the Governors have no power to pardon the case of a sentence of death.
C. The President has power to grant pardon , reprieve, respite, suspension, remission or commutation in respect of an offence against a law relating to matter to which the executive power of the Union extends. The Governor has similar power in respect of an offence against a law relating to a matter to which the executive power of the State extends.
*12 ATTORNEY GENERAL OF INDIA
The Attorney General is the first law officer of the Government of India. He is appointed by the President and holds office during the pleasure of the President.
He must have the same qualifications as are required to become a Judge of the Supreme Court. That is to say he must be a citizen of India and should be either a distinguished jurist or should have been a High Court judge for at least 5 years or should have been an advocate of a High Court (or two or more courts in succession) for at least ten years.
His duty is to give advice on such legal matters and to perform such other duties of a legal character as may from time to time be referred or assigned to him by the President. He has to discharge the duties conferred on him by the Constitution or any other law for the time being in force.
The Attorney General is not a member of the Cabinet but he has the right to speak in the Houses of Parliament or in any of their committees but he has no right to vote. He has the right of audience in all courts in the
*13 THE COMPTROLLER & AUDITOR GENERAL OF
He controls the entire financial system of the country - at the
The Comptroller & Auditor General is independent of the Executive. He scrutinises the accounts of the Government of India and of the States. Hence he has to be independent.
Parliament controls the executive in
Even though he is appointed by the President, the Comptroller & Auditor General of India does not hold his office at the pleasure of the President as other Civil Servants do. He can be removed only on an address from both Houses of Parliament on grounds of proved misbehavior or incapacity. His salary and conditions of service are laid down by law (not by the Constitution) but they cannot be varied to his disadvantage during his term of office.
The term of his office is six years from the date on which he assumes office but he retires on attaining the age of 65 years. He can resign at any time by addressing his letter of resignation to the President of India. His salary is the same as that of a Supreme Court Judge. His salary as well as the administrative expenses of his office are charged on the revenues of
Formerly he performed both the functions of Audit & Accounts. With the separation of Audit from Accounts he is concerned only with Audit now.
He audits and reports on all expenditure from the Consolidated Fund of India and of each State and
Similarly he audits and reports on all trading, manufacturing, profit and loss accounts kept by any department of the
He sees whether all rules and procedures are followed relating to receipts and expenditure of the
He audits and reports on the receipts and expenditure of all bodies and authorities substantially financed from the
While the British Comptroller has a check on issue of money, the Indian Comptroller has no such control. In
Indeed even on this there are experts like Paul Appleby who hold that Audit can only examine whether expenditure has been lawful; not whether it has been wise or economical. Secondly these experts would like to keep the Comptroller & Auditor General out of company accounts.
*14 CONSOLIDATED FUND OF
This is the reservoir into which all the revenues received by the Government of India as well as all loans raised by it are deposited. No moneys can be appropriated out of the Consolidated Fund of India except in accordance with law.
When an expenditure is said to be charged on the Consolidated Fund of India, it means it is not votable and Parliament cannot reduce it. Thus the salaries of Judges are charged on the Consolidated Fund and so cannot be voted.
Whether the expenditure is charged on the Consolidated Fund of India or voted by Parliament, no money can be issued without an Appropriation Act.
*15 CONTINGENCY FUND
The Constitution empowers Parliament and the Legislature to create a Contingency Fund for
*16 COMPOSITION OF PARLIAMENT
Parliament of
The Hindi names Lok Sabha and Rajya Sabha have been adopted by the House of the People and the Council of States respectively. They are not mentioned in the text of the Constitution.
The President is part of the Legislature, just as the Crown is part of the British Parliament. But the President does not sit in parliament and appears before it only for the purpose of delivering his opening address. A bill passed by the two Houses cannot become law without the President's assent.
*17 COMPOSITION OF THE COUNCIL OF STATES
The Council of States shall be composed of not more than 250 members of whom a) 12 shall be nominated by the President b) the remainder (i.e. 238) shall be representatives of the States and the
The 12 nominated members shall be chosen by the President from amongst persons having special knowledge or practical experience in literature, art, science and social service. Thus the Constitution has adopted the principle of nomination for giving distinguished persons a place in the upper chamber.
The representatives of each State shall be elected by the elected members of the Legislative Assembly of the state in accordance with the system of proportional representation by means of the single transferable vote.
The representatives of the
The Council of States thus consists of the representatives of States. It thus reflects the federal character of the Constitution. But while there is equality of representation for States in the Senate of U.S.A. there is no such equality of representation in
The present strength of the Council of States is 244. It varies from 1 for Nagaland to 34 Uttar Pradesh.
*18 COMPOSITION OF THE HOUSE OF THE PEOPLE
The Constitution prescribes the maximum number of representatives in the House of the people as follows:
A. Not more than 525 representatives of the States
B. Not more than 20 representatives of the
C. Not more than 2 members of the Anglo Indian Community, nominated by the President, if he is of the opinion that the Anglo Indian Community is not adequately represented in the House of the people.
The representatives of the States are directly elected by the people of the state on the basis of adult franchise . Every citizen who is not less than 21 years of age and is not otherwise disqualified eg. by reason of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to vote. There is no reservation of seats for any minority . There is however reservation for the Scheduled Castes and Tribes.
The representatives of
*19 DISSOLUTION. PROROGATION AND ADJOURNMENT
First let us understand the meaning of the terms session and recess. The session is the period of time during which Parliament meets. The period between the prorogation of Parliament and its reassembly is called recess.
Within a session there are a number of daily sittings separated by adjournments which postpone the further consideration of business for specified time, hours, days or weeks. When a House adjourns without fixing a date it is called adjournment sine die.
The sitting of House may be terminated by adjournment, prorogation or dissolution. Adjournment does not put an end to the existence of a session of Parliament but merely postpones the further transaction of business for a specified time, hours, days or weeks. Prorogation merely terminates a session. It does not end the life of a parliament. A dissolution brings the life of the House of the people to an end. A fresh election must be held after dissolution and a new House of the people convened.
Dissolution may take place in either of two ways:
1) by efflux of time i.e. on the expiry of its term of five years. If the life of the House of the people is extended during an emergency, it stands dissolved at the end of the extension.
2) The President may dissolve the House of the people. The Council of States is permanent body. It can never be dissolved.
Dissolution and prorogation are always by the President who acts on the advice of the Council of Ministers while adjournment is either by the Speaker (of the House of the people) or the Chairman ( of the Council of States).
When dissolution takes place, the life of the House of the People comes to an end. All matters pending before the House lapse with dissolution. If these matters have to be pursued they have to be reintroduced in the new House. Even Bills passed by the previous House lapse if they have not already been passed by the Council of States. But a Bill pending in the Council which has not yet been passed by the House shall not lapse on dissolution. Also a dissolution does not affect a joint sitting of the two Houses summoned by the President to resolve disagreement between the Houses if the President has notified his intention to hold a joint session before the dissolution.
In
Adjournment has no such effect on pending business.
*20 QUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT
To be a member of parliament a person must be a citizen of
The following persons are disqualified from being members of parliament.
1. Those holding an office of profit under the Government of India or the Government of any State. The office of a Minister of the
2. Persons declared to be of unsound mind by a competent court.
3. Undischarged insolvents.
4. Those who have ceased to be citizens of India or have voluntarily acquired the citizenship of a foreign state or those under an acknowledgment of allegiance to a foreign power.
5. Persons disqualified by law made by parliament.
If any question arises whether a member of either House of Parliament has become subject to disqualification , the decision is left to the Election Commission whose decision shall be acted upon by the President.
If a person knowing that he is not qualified or is disqualified sits or votes in either House of parliament, he is liable to a penalty of Rs.500/- per day.
*21 WHEN DOES AN M.P. LOSE HIS SEAT?
An M.P. loses his seat in the following cases.
1. If he is chosen to both Houses of Parliament, he must vacate his seat in one of the two Houses.
2. If a person is elected to the Union Parliament and the State Legislature, then he must resign his seat in the State Legislature.
3. Disqualification: If a person incurs any of the disqualification mentioned in Art.102 (e.g. becoming of unsound mind), his seat will thereupon become vacant immediately.
4. Resignation: A member may resign his seat by writing addressed to the Chairman of the Council of States or the Speaker of the House of the people, as the case may be, and thereupon his seat shall be vacant.
5. Absence without permission: The House may declare a seat vacant if the member in question absents himself from all meetings of the House for a period of 60 days without permission of the House.
*22 When is previous sanction of the President required for introducing legislation?
The Constitution requires the previous sanction of the President for introducing legislation on some matters. These are
1. A Bill for the formation of new States or the alteration of boundaries etc., of existing States. The President is given the exclusive power of recommending such legislation in order to enable him to obtain the views of affected States before initiating such legislation.
2. A Money Bill.
3. A Bill which would involve expenditure from the Consolidated Fund of India even though strictly speaking it may not be Money Bill.
4. A Bill a) affecting taxation in which States are interested or b) affecting the principles laid down for distributing moneys to the States or c) varying the meaning of the expression of agricultural income for the purpose of taxation of income or d) imposing a surcharge for the purposes of the Union.
5. State Bills imposing restrictions upon the freedom of trade.
*23 WHAT IS A MONEY BILL?
A money Bill can be introduced only in the lower House. In the States it can be introduced only in the Legislative Assembly and at the centre it can be introduced only in the Lok Sabha. And it can be introduced only with the consent of the President at the Centre and the consent of the Governor at the State.
That is to say it can be introduced only by the executive.
Money Bills are financial Bills and when there is any doubt whether a Bill is a money Bill or not, the decision of the Speaker is final.
In summary we can say that a Money Bill is a financial bill which bears the certificate of the Speaker.
A Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters.
a. the imposition, abolition, remission or regulation of any tax.
b. the regulation of borrowing of money by the Government.
c. the custody of the consolidated Fund of India and the payment of moneys into or the withdrawal of moneys from any such fund.
d. the appropriation of moneys out of the consolidated Fund of India.
e. the declaring of any expenditure to be expenditure to be expenditure charged on the consolidated Fund of India or the increasing of the amount of any such expenditure.
f. receipt of money on account of the consolidated Fund of India or the Public Account of India or the custody or issue of such money or the audit of the accounts of the union or of a State.
g. or any matter incidental to any of the matters specified in- a. to f.(above)
But simply because a Bill provides for the imposition of fines or other pecuniary penalties or for the demand or payment of fees for licenses or fees for services rendered or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes, it does not become a Money Bill.
*24 LEGISLATIVE PROCEDURE WITH REGARD TO A MONEY BILL IN PARLIAMENT
We have already seen what a Money Bill is. The following is the procedure with respect to a Money Bill.
1. It cannot be introduced in the Council of States.
2. After it is passed by the House of the people, it is sent to the Council of States along with the Speaker's Certificate that it is a Money Bill.
3. The Council of States can neither reject it nor amend it. However it can make whatever recommendations it likes. But it must return the Bill within fourteen days.
4. Upon receipt of the Bill from the Council of States, the House of the people may pass the Bill again accepting the recommendations of the Council of States. Or it may reject those recommendations and pass the Bill in its original form. Then the Bill is said to be passed by both the Houses.
5. If the Council of States does not return the Bill within fourteen days, it is deemed to have been passed as it left the House of the people.
*25 PROVISION FOR REMOVING DEADLOCK BETWEEN THE TWO HOUSES OF PARLIAMENT.
Where a Money Bill is concerned, it can be introduced only in the House of the people and the decision of the House of the people is final. A Money Bill, after it is passed by the House of the people is sent to the Council of States but it has to return it within 14 days with its recommendations. The House of the People is free either to accept it or reject it.
But a non-Money Bill can be introduced in either House. It becomes law only when agreed to by both the Houses. Either House is free to suggest amendments.
If a Bill rejected by the other House or if the two Houses have finally disagreed as to the amendments to be made in the Bill or more than six months have elapsed from the date of the reception of the Bill by the other House without the Bill being passed by it, the President summons a joint sitting of both the Houses. The Speaker presides at such a joint sitting. If the Speaker is absent it is presided by such a person as is determined by the Rules of Procedure made by the President in consultation with the Chairman of the Council of States. Only such amendments can be proposed at such a joint sitting as become necessary by the delay in the passage of the Bill. At the joint session the Bill must be passed by a majority of the total number of members of both the Houses present and voting. A joint sitting cannot be resorted to for amendment of the Constitution.
*26 How is the independence of the Judges of the Supreme Court secured?
The independence of the Judges of the Supreme Court is sought to be secured by the Constitution in a number of ways:
(a) Though the appointing authority is the President, acting with the advice of his Council of Ministers, the appointment of a Supreme Court Judge has been lifted from the realm of pure politics by requiring the President to consult the Chief Justice of India in the matter.
(b) By laying down that a Judge of the Supreme Court shall not be removed by the President, except on a joint address by both Houses of Parliament (supported by a majority of the total membership and a majority of not less than two thirds of the members present and voting, in each House), on ground of proved misbehaviour or incapacity of the Judge in question.
(c) By fixing the salaries of the Judges in the Constitution itself and providing that though the allowances, leave and pension may be determined by law made by Parliament, these shall not be varied to the disadvantage of a Judge during his term of office. In other words, he will not be affected adversely by any changes made by law since his appointment.
But it will be competent for the President to override this guarantee, under a proclamation of `Financial Emergency'.
(d) By providing that the administrative expenses of the Supreme Court, the salaries and allowances, etc., of the Judges as well as of the staff of the Supreme Court shall be `charged upon the revenues of India', i.e. shall not be subject to vote in parliament.
(e) By forbidding the discussion of the conduct of a Judge of the Supreme Court (or of a High Court) in Parliament, except upon a motion for an address to the President for the removal of the Judge.
(f) By laying down that after retirement, a Judge of the Supreme Court shall not plead or act in any Court or before any authority within the
It is to be noted that there are similar provisions in the case of High Court Judges;
*27 WHAT IS AN "OFFICE OF PROFIT"?
Any office under the Government of India or of a State or any other authority under the control of either Government.
The following do not constitute an office of profit: President, Vice President, Governor of a State or Minister of the
All these people can stand for election. But others holding an office of profit cannot contest an election.
*28 AMENDMENT OF THE INDIAN CONSTITUTION
I. Generally every amendment requires the approval of
A. The majority of the total membership and
B. Two thirds of those present and voting
in each House of Parliament.
II. In the following cases in addition to the procedure mentioned above, the consent of legislatures one half of the State is also necessary.
The Seven cases are
1. Any change in the manner of election of the President
2. Any change in the distribution of the executive power between the
3. Any change in the organization, functions and powers of the Supreme Court and the High Courts
4. Any change in the distribution of the legislative power between the
5. Any change in the lists in the 7th Schedule
6. Any change in the representation of States in Parliament
7. Any change in the method of amendment
III. In certain cases Parliament can change the Constitution by a Simple majority of those present and voting.
For ex. 1. Addition or alteration of boundaries
2. Creation or abolition of Second Chambers
In fact such changes are not considered amendments.
Every amendment must be approved by the President.
*29 What do the various schedules deal with.
FIRST SCHEDULE: Deals with the boundaries of States & Union Territories.
SECOND SCHEDULE: Deals with the Salaries allowances and other perquisites of the President & Governors; Speaker of the House of the people, Chairman of the Council of States , Judges of the Supreme Court & High Courts; and Comptroller and Auditor General of India.
THIRD SCHEDULE: Deals with forms of Oaths or Affirmations.
FOURTH SCHEDULE: Deals with allocation of seats in the Council of States.
FIFTH SCHEDULE: Deals with the administration of Tribal areas in
SEVENTH SCHEDULE: Deals with the distribution of powers between the Union & States and the concurrent List.
EIGHTH SCHEDULE: Deals with languages
NINTH SCHEDULE: Deals with Acts that cannot be challenged in a Court of law.
TENTH SCHEDULE: Provisions to disqualification on ground of defection.
ELEVENTH SCHEDULE: Article 243 G adopted by the 73rd Amendment Act 1991; Powers, authority and responsibilities of the Panchayats
TWELFTH SCHEDULE: Article 243 W Powers, authority and responsibilities of the Municipalities etc.,
*30 FUNCTIONS OF THE VICE PRESIDENT
1. He has no functions as Vice President.
2. He is the ex-officio Chairman of the Council of States
3. If there occurs any vacancy in the office of the President by reason of his death, resignation, removal or otherwise the Vice President ACTS as President until a new President is elected and enters upon his office. But he does not SUCCEED to the Presidency. The American Vice President succeeds to the Presidency in case of a vacancy in the office of the President.
4. The Vice President shall discharge the functions of the President during the temporary absence of the President, illness of any other cause by reason of which he is unable to discharge his functions.
*31 CONSTITUTION AND FUNCTIONS OF THE FINANCE COMMISSION
The Constitution of the Finance Commission (FC) is laid down in Art. 280.
The Commission has to be constituted by the President once in five years. The first FC was constituted in 1951 with Shri. Neogy as Chairman, The Seventh FC was constituted in 1977 with Justice Shelat as Chairman. The Eighth Finance Commission was established in 1982 with Sri. Y.B.Chavan as Chairman. The ninth Finance Commission had Nr. Salve as Chairman. We have now the tenth Finance Commission with Sri. K.C.Pant as Chairman. The Chairman must be a person having experience in public affairs.
The FC must have four other members drawn as follows:
a. A High Court judge or a person qualified to be a High Court judge
b. A person having special knowledge of the finances and accounts
of the Government.
c. A person having wide experience in financial matters and administration
d. A person having special knowledge of Economics.
The duty of the FC is to make recommendations to the President on the following:
1. the distribution of certain taxes (which according to the constitution are or may be divided between the Union and the States) between the Union and the States - the shares of the Union and the States.
2. the principles according to which grant in aid is to be given to the States from the Consolidated Fund of India.
3. any other matter referred to the Commission by the President in the interests of sound finance.
In short the Finance Commission is expected to recommend to the President how certain financial resources are to be distributed. Thus take for instance income tax. What percentage of this tax should go to the States and how should this be distributed between the various states.
*32 What are the provisions in the Indian Constitution that make it a
*33 How is the position of women secured in the Indian constitution?
Under Article 14 the Constitution guarantees equality before the law and equal protection of the laws. Under Article 15 discrimination on grounds of sex is forbidden. But the State is not prevented from making any special provision for women and children. Thus Section 497 IPC under which in an offence for adultery man is punishable while woman is not punishable as abettor has been held constitutional. Article 16 ensures equality in matters of employment and women cannot be discriminated against In addition a Directive Principle asks the State to ensure equal pay for equal work. Another Directive Principle requires the State to provide the right to maternity relief. Yet another Directive Principle requires the State to recognise the right of children and the young to be protected against exploitation and to opportunities for healthy development consonant with freedom and dignity. Directive Principles are not enforceable but are important guides to State action.
*34 How is untouchability abolished under the Indian Constitution?
Article 17 abolishes untouchability and its practice in any form is forbidden. Enforcement of any disability arising cut of untouchability is an offence under the law.
*35 What are the constitutional safeguards regarding protection from punishment?
Article 20 guarantees protection in certain respects against conviction for offences. No person shall be convicted except according to law in force at the time of the commission of the act complained against. In other words there can be no retrospective legislation. No one can be given greater penalty than what is prescribed by the law at the time the act is committed. No person shall be prosecuted and punished for the same offence more than once. No person accused (80) of an offence shall be compelled to be a witness against himself. Article 21 says that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Article 22 says that no person who is arrested shall be detained in custody without being informed as soon as may be of the grounds for such arrest. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of his Short arrest and no person shall be detained in custody beyond the said period without the authority of the magistrate Also everyone has the right to legal assistance.
In short the constitution prohibits retrospective criminal legislation, double jeopardy, self incriminating evidence under compulsion, and insists on the permission of the magistrate for imprisoning a person beyond twenty four hours and guarantees the right to consult a lawyer and secure Habeas Corpus.
*36 Mention any six non-justiciable rights of citizens.
In addition to the fundamental rights guaranteed by the constitution which can be enforced in a court of law, the chapter on Directive Principles gives the citizens certain other rights. But these rights cannot be enforced in a court of law till legislation is passed giving effect to them.
Thus all citizens have the right to adequate means of livelihood. Women have the right to equal pay for equal work along with men. All citizens have the right to work.
All citizens have the right to humane conditions of work and women have the right to maternity relief.
Children have the right to free and compulsory education.
All citizens have the right to a living wage and conditions of work ensuring decent standard of life for workers.
*37 ADMINISTRATION OF UNION TERRITORIES
There were nine
The
The administrators of Arunachal Pradesh;
The administrators of Andaman and Nicobar Islands and
The administrators of Dadra and Nagar Haveli; and
Sometimes instead of appointing an Administrator from outside, the President may appoint the Governor of a State as Administrator of an adjoining Union Territory. Where a Governor is so appointed he shall exercise his functions as such Administrator independently of his Council of Ministers.
All the
By the 37th Amendment Parliament is empowered to create a Legislature or Council of Ministers or both for the Union Territories of Goa, Daman and Diu, Pondichery, Mizoram & Arunachal Pradesh. By virtue of this power parliament has enacted the Government of the Union Territories Act of 1963 providing for a Legislative Assembly as well as a Council of Ministers to advise the Administrator in each of these Union Territories.
Parliament has exclusive legislative power over a Union Territory including matters which are enunciated in the State List.
But except in the case of
Parliament may by Law constitute a High Court for a Union Territory or declare any court in such territory to be a High Court for all or any purposes of the constitution. Until such legislation is made the existing High Courts relating to such territories continue to exercise their jurisdiction.
*38 TERRITORY OF INDIA:
The
1. Union of
1. Union of
2. The Union Territories are nine in number. They are
3. Acquired Territories: Any territory which may at any time be acquired by purchase, treaty, cession or conquest. Such territory will be administered by the Government of India subject to legislation by Parliament. Thus the French Government ceded Pondichery, together with Karaikal, Mahe, Yanam, to
*39 HOW
1. During British days
2. When
3. In May 1979 the Sikkimese Congress decided to put an end to monarchy. The Sikkimese Assembly passed a Bill to the effect that there should be a progressive realisation of a fully responsible government in
4. Accordingly the 35th Amendment Act of 1974 was passed. Sikkim was declared an Associate State (but not a part of the territory of India) Provisions regarding Sikkim were introduced into the Tenth Schedule (now repealed) Sikkim was entitled to send two representatives to the two Houses and these representatives were given the same rights and privileges as other MPs except that were not entitled to vote for the President and Vice President.
*40 ZONAL COUNCILS:
The States and
For the north-eastern region there is a body similar to the Zonal Councils to deal with matters of common interest in the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union Territories of Arunachal Pradesh and Mizoram. The North Eastern Council, which came into being in August 1972 has certain additional functions. It formulates a unified and coordinated regional plan (which supplements the state plan) covering matters of common importance. In case of projects or schemes intended to benefit two or more4e states, the Council recommends the manner in which they are executed, managed or recommends the manner in which they are executed, managed or maintained, their benefits shared and the expenditure incurred. The Council also reviews from time to time the implementation of the projects and schemes included in the regional plan and recommends measures for effecting co-ordination among the concerned states and Union Territories in the matter of implementation of such projects and schemes. The council normally meets twice a year.
*41 State Legislative Councils
The composition of the Legislative Council is as follows:
- One third of its members are elected by District Boards, Municipalities and such other local authorities as Parliament may specify.
- One twelfth shall be elected by electorates consisting of graduates of any university in the
- One twelfth shall be elected by electorates consisting of teachers teaching in institutions not lower than a secondary school
- One third shall be elected by members of the State Legislative assembly from among members who are not members of the Assembly.
- The remainder shall be nominated by the Governor from among persons having special knowledge or practical experience in Literature, Science, Art, Cooperative Movement and Social service.
Parliament can create or abolish Legislative Councils.
The Legislative Council has a Chairman and a Deputy Chairman.
