Constitution of India

NAME: NIKHIL

CLASS: BCOM+ACCA 2ND SEMESTER

1) Explain the role and functions of president of India.

Ans) The primary duty of the president is to preserve, protect and defend the
constitution and the law of India as made part of his oath (Article 60
of Indian constitution). The president is the common head of all independent
constitutional entities. The President is both the head of state and head of
government of the United States of America, and Commander-in-Chief of the
armed forces.
Under Article II of the Constitution, the President is responsible for the execution
and enforcement of the laws created by Congress. Fifteen executive departments
— each led by an appointed member of the President’s Cabinet — carry out the
day-to-day administration of the federal government. They are joined in this by
other executive agencies such as the CIA and Environmental Protection Agency,
the heads of which are not Part of the Cabinet, but who are under the full authority
of the President. The President also appoints the heads of more than 50
independent federal commissions, such as the Federal Reserve Board or the
Securities and Exchange Commission, as well as federal judges, ambassadors, and
other federal offices. The Executive Office of the President (EOP) consists of the
immediate staff to the President, along with entities such as the Office of
Management and Budget and the Office of the United States Trade Representative.

The President has the power either to sign legislation into law or to veto bills
enacted by Congress, although Congress may override a veto with a two-thirds
vote of both houses. The Executive Branch conducts diplomacy with other nations,
and the President has the power to negotiate and sign treaties, which also must be
ratified by two-thirds of the Senate. The President can issue executive orders,
which direct executive officers or clarify and further existing laws. The President
also has unlimited power to extend pardons and clemencies for federal crimes,
except in cases of impeachment.
In India the powers of the Union government are treated as the powers of the
President because these powers are used in his name in pursuance of the
constitutional stipulation under Article 53 which reads: The executive powers of
the Union shall be vested in the President and shall be exercised by him either
directly or through the officers subordinate to him in accordance with this
Constitution. The constitutional powers and functions of the President of India may
be classified into six principal types. Executive Functions 1. Head of the Union:
The President is at the head of the Union Executive. Consequently, all executive
powers are exercised in his name. The executive power of the Union to be
exercised by the President is extended to the matters with respect to which
Parliament has power to make laws and to conclude treaty and agreement. 2.
Appointments: As head of the executive, the President appoints the Governors of
States, the Judges of the Supreme Court and the High Courts, the Auditor General
of India and many other high officials, such as the members of Finance
Commission, Election commission, Union Public commission etc. 2 3.
Appointment of the Prime Minister and other Ministers: The President also
appoints the Prime Minister and with his advice the other Ministers of the Union
Council of Ministers. But here too, as in all other appointments, the President can
seldom use his discretion. He is, ordinarily, duty-bound to summon the leader of
the political party which secures an absolute majority in the Lok Sabha to become
the Prime Minister and form the Ministry. He does enjoy some discretionary
powers in the matter only under exceptional circumstances. When no single
political party wins a clear absolute majority and, as a result, no Council of
Ministers can be formed without a coalition of parties the President can exercise
his discretion judiciously in appointing the Prime Minister. Such situations
developed in the past. India has entered into an age of coalition politics. And it
may so happen that no single party will be able to secure an absolute majority, and
the President may be required to exercise his discretionary power for some time to
come, in appointing Prime Minister. 4. Can ask to prove Majority in Lok Sabha:
Union Council of Ministers normally remains in office for five years, unless
dissolved earlier for any reason. The President must be satisfied that the Council of
Ministers enjoys the confidence of the majority of the Lok Sabha. In case of any
doubt he can ask the Council of Ministers to prove its majority in the Lok Sabha,
as the Prime Ministers Sri H.D. Deve Gowda was asked by the President after the
official withdrawal of support by the Congress Party from Ministry. The President
can also dissolve the Union Council of Ministers in accordance with Article 75(2)
of the constitution, if he finds that the Ministry does not enjoy the support of the
majorities in the Lok Sabha. 5. Supreme Commander: As head of State, the
President is the supreme Commander of the Armed Forces of India and is entitled
to declare war or conclude a treaty. Legislative Powers and Functions 1. President
is a part of Parliament: The Union Legislature or Parliament consists of the
President and two Houses of Parliament. The President is, therefore, an integral
part of Union Legislature. He shall summon from time to time, either separately or
jointly, the Houses of Parliament. The President can prorogue the Houses or either
House of Parliament and, if necessary, can dissolve the lower Chamber of
Parliament, the Lok Sabha. For example, the President solved the twelfth Lok
Sabha in early 1999 when the confidence motion in favour your of the Vajpayee
government was lost in the Lok Sabha. 2. Summons and Addresses Parliament:
The President may address either or both House of Parliament. In such address, at
the first session after general election to the Lok Sabha and at beginning of a joint
session of Parliament each year, he may place the reasons for summoning it. Apart
from addressing Parliament, the President may also, in case of 3 necessities, send
messages to either House, or to both Houses [Article 86(2)]. Normally, the
President does not send such a message, unless however, he has a serious
disagreement with the Council of Ministers. 3. Nomination: The President
nominates a number of members in both Houses. The chief purpose of the
nomination is to ensure adequate representation in Parliament of all sections of
population which many not always be achieved through elections. 4. Power in
respect of Bills: The President has certain functions in respect of passing of a Bill.
A bill passed by both the Houses of Parliament requires his assent in order to
become an Act. He may give his assent to a bill or can withhold assent when a bill,
after getting approved in both the Houses, is placed before the President. But, if
Parliament, acting on President’s refusal to assent to a bill, passes it again with or
without amendment, for the second time and presents it to the President for his
approval, the President shall not withhold his assent there from under Article 111.
In other words, it becomes obligatory upon him to give his assent. In certain cases,
prior sanction of the President is required for initiating any legislation. For
instance, bill for formation of a new State or altering the boundaries of the existing
State or States is to be placed before Parliament with prior approval of the
President. Money bill is another example where obtaining of such approval of the
President is a constitutional necessity. 5. Bill passed by a State Legislature: A bill
passed by a State Legislature may also be reserved for the consideration of the
President by the Governor of that State. The President enjoys this right in relation
to a bill passed by a State Legislature only in such cases where those are referred to
him by the government of a state under article 200.

2) What are the powers of Prime minister? Explain

ANS) In the constitution of India, there are no special provisions
specified to choose a Prime Minister of India. Article 75 of the
Indian Constitution envisages that there will be a Prime Minister
of India who shall be appointed by the President. Prime Minister
is the leader of the Cabinet Ministers. The main executive powers
of the government are vested in the Prime Minister while the
President is the nominal head of the State. Therefore, The
President is the head of the State whereas the Prime Minister is
the head of the Government.

Functions and Powers of the Prime Minister are

summarized below:

1. He proposes the names of the members of his political party to

President for appointment as Ministers.
2. He decides the distribution of charge to various ministers and
can reshuffle their cabinet also.
3. He presides over the meetings of Cabinet and can change the
decisions taken therein.
4. He can suggest the President of India about the resignation or
removal of any Minister from his Cabinet.
5. He also controls and directs the functioning of Ministers in the
Cabinet.
6. He can resign anytime and can suggest the President of India
to dissolve the Cabinet. He can suggest the President to dissolve
Lok Sabha and to organize fresh elections.

Note: If the Prime Minister resigns from his post or dies in office,
The Cabinet stops functioning and spontaneously dissolves after
the death of the Prime Minister.

Rights and powers with regard to Appointments:

Prime Minister can suggest the President about
appointment of the following:-
1. Comptroller and Auditor General of India
2. Attorney General of India
3. Advocate General of India
4. Chairman and members of UPSC
5. Selection of Election Commissioners
6. Members and chairman of Finance Commission
Powers with regard to Parliament of India:
Prime Minister is the leader of the lower house and can exercise following powers:

1. He decides the foreign policy of the country.

2. He is the speaker of the Central Government.
3. He is the leader of the ruling party in the Parliament.
4. He is the chairman of NITI Aayog National Development Council,
National Integration Council, Inter-state Council, National Water
Resources Council.
5. He is the head of disaster management team during emergency at
political level.
6. He is the political head of all the forces.

3) Explain the functions of Lok sabha and Raj sabha.

ANS) The powers and functions of the Lok Sabha can be broadly classified
under the following heads:
1. Legislative:
The Lok Sabha can pass bills concerning all those subjects which have been
included in the Union List and the Concurrent List. It can pass bills regarding state
subjects also in emergencies or if Rajya Sabha by a resolution passed by majority
of its total members and 2/3 of its members present and voting declared a
particular -state subject of national importance. However, such a bill can be valid
for a year only.

A non-money Bill can be initiated in any of the two Houses. In case, the Houses
cannot come to an agreement, the President may summon a joint session of both
the Houses of Parliament. If the Bill is passed by the majority of the total members
of the Houses concerned in a joint session, it is deemed to have been passed by
both the Houses of Parliament. Since the membership of Lok Sabha is almost
double to that of the Rajya Sabha, the will of the former is likely to prevail. Thus
supremacy of Lok Sabha over Rajya Sabha in ordinary or important non- money
bills is self evident.

2. Financial: The Lok Sabha’s control over purse is an undisputed fact. A money
bill must be initiated in the Lok Sabha. When passed by the Lok Sabha, it is to be
transmitted to the Rajya Sabha for its recommendations. The Constitution,
however, requires the Rajya Sabha to return it to the Lok Sabha with its
recommendations within 14 days from the date of receipt of the bill.

If the Lok Sabha accepts these recommendations, the bill is deemed to have been
passed by both the Houses of the Parliament. If the amendments made by the Rajya
Sabha are not acceptable to the Lok Sabha the bill is deemed to have been passed
by both the Houses’ in the original form. If a bill is passed by the Lok Sabha, and
while sent to the Rajya Sabha, is not returned within 14 days it is deemed to have
been passed by both the Houses of the Parliament, after the expiry of the stipulated
period. Evidently, the Rajya Sabha possesses power of delaying a money bill only
for 14 days.

On the other hand, House of Lords—the upper House in U.K. can delay the money
bill for a month. Besides, the Lok Sabha is equipped with exclusive power of
authorizing the expenditure. The demands for grants are submitted to the Lok
Sabha alone.
3. Control over the Executive:
In a Parliamentary form of government, the most important function of a lower
House is “Control over the Executive”. The lower House of our Parliament is not
an exception. According to Article 75(3), the Council of Ministers is collectively
responsible to the Lok Sabha. This means, the ministry must tender resignation if a
vote of non-confidence is passed against it by the Lok Sabha. There are other
effective methods also adopted by our lower House, like that of other lower
Houses in Parliamentary form of governments, to control the executive. The
Ministers in charge of various departments can be interrogated and censured by the
members of the House. The bill introduced by the government may be rejected by
the House. The adjournment motion may be moved to criticize the government or
raise discussions on matters of vital importance for short duration. A resolution
moving a token cut in the budget or the grant to a particular ministry may be
passed, reflecting lack of confidence in the ministry by the majority in the House.

4. Electoral Function:
Article 54 of the Constitution vests electoral functions with the Parliament. The
elected members of both the Houses of Parliament constitute a part of the Electoral
College for the election of President. Article 66 provides for the election of the
Vice-President by the members of both the Houses of Parliament at a joint session.
The Lok Sabha elects its speaker as well.

5. Discussions on Questions of Public Importance:

The Parliament possesses unlimited power of discussing and debating questions.
This is done usually on the occasion of the inaugural and annual address by the
President of India. It is empowered to review and criticize the work of the different
departments of state during the discussion on the estimates of expenditure, the
appropriation and revenue bills. Through such criticism and review, the members
of House can get their grievances redressed.
6. Miscellaneous Powers: (i) The Lok Sabha together with the Rajya Sabha
possesses the power of amending the Constitution.

(ii) The Lok Sabha along with the Rajya Sabha, has the power to move for the
removal of judges of the Supreme Court and the High Court’s on the ground of
proved misbehavior and incapacity by an address supported by a 2/3rd majority of
the members present and voting and also majority of their total membership in
each House.

(iii) The Lok Sabha participates in the impeachment of the President of India.
Either of the two Houses of the Parliament frames the charges and the other House
sits as a Court of trial.

(iv) The resolution passed by the Rajya Sabha for the removal of the Vice-
President is subject to ratification by the Lok Sabha as well.

7. Punitive Action against MP by the House:

(viii) It can take punitive action against the outsiders as well as its members who
commit breach of its privileges. On December 19, 1978, it expelled Mrs. Indira
Gandhi from the primary membership of the House for breach of the privileges.

Functions of Rajya sabha

LEGISLATIVE POWERS - SHORTCUT

All Bills, other than Money Bills can originate in any House of the Parliament. No
bill can options a law unless agreed to by both the Houses. The Parliament is
competent to make laws on:
i) Matters in the Union List ii) Matters in the Concurrent List iii) Residuary Powers
iv) Matters in the State List v) Ordinances v) Emergency Powers
FINANCIAL POWERS - SHORTCUT
In the financial domain the Parliament is the supreme authority. The budget is
annually prepared by the Cabinet and it is submitted for the approval of the
Parliament. The Parliament also approves all proposals of the Union Government
to impose taxes. Money Bills can originate only in the Lok Sabha. After they have
been passed by the Lok Sabha, they are sent to the Rajya Sabha for approval.
To keep a vigil on the way the Executive spends the money granted by the
legislature, there are two Standing Committees of the Parliament known as the
Public Accounts Committee and the Estimates Committee.

CONTROL OVER THE EXECUTIVE - SHORTCUT

The Parliament keeps a day-to-day watch over the activities of the
Executive. Parliament may remove a Cabinet out of power by a vote of no
confidence. It may reject a bill or a budget proposal of the Cabinet. Members of the
Parliament have a right to ask questions and supplementary question to the
Ministers. Adjournment motions may be moved to discuss serious administrative
lapses. There is a Committee on ministerial assurances appointed by the Parliament
to see that the promises made to the Parliament by the respective ministers are
fulfilled.

JUDICIAL POWERS - SHORTCUT

The Constitution vested in the Parliament the power to impeach the President, the
Vice-President, and the other High Federal Officers like the Judges of the Supreme
Court and High Courts, Auditor-General, Members of the Public Service
Commission etc. The Parliament possesses punitive powers to punish its members
and non-members who have broken the privileges of the House.

AMENDMENT OF THE CONSTITUTION - SHORTCUT

Both the Houses have equal powers as far as the amendment of the Constitution is
concerned. A bill to amend the Constitution may originate either in the Rajya
Sabha or in the Lok Sabha. Unless it is passed by both the Houses with the
required majority, the amendment cannot be effective.
ELECTORAL FUNCTIONS - SHORTCUT
The Parliament participates in the election of the President and the Vice-President.
The Lok Sabha also elects its own Speaker and Deputy Speaker while the Rajya
Sabha elects its Deputy Chairman.

OTHER POWERS OF THE PARLIAMENT - SHORTCUT

i) The Parliament may alter the name or boundary of the State. It can also form a
new State by merging or separating the territories of existing States.
ii) Makes laws regarding the composition, jurisdiction and powers of the Supreme
Court.
iii) It may establish a common High Court for two or more States.

SPECIAL POWERS OF THE RAJYA SABHA - SHORTCUT

1. The Rajya Sabha has some exclusive powers. Under Art. 249 of the
Constitution, the Rajya Sabha may by a resolution adopted by two-thirds
majority, empower the Parliament should make laws with respect to a matter
in the State List.
2. It may declare the creation of new All-India Services in the nation's
interest.
3. If the Lok Sabha is dissolved before or after the declaration of a National
Emergency, the Rajya Sabha takes over the functions of theParliament.

4)What is coalition government? When it is formed? Explain the

advantages of same
ANS) A coalition government is one in which multiple political parties come
together and often reduce the dominance of the party that has won the highest
number of seats. Coalition governments are formed as seldom does a political party
win the necessary number of seats to form the government on its own. In India, the
first coalition government to complete its full-term was the Atal Bihari Vajpayee-
led National Democratic Alliance from 1999 to 2004. While some say that
coalition governments generate more inclusive policies, others believe that
coalitions impose constraints on policymaking.
A coalition government is a form of government in which political parties
cooperate, reducing the dominance of any one party within that "coalition". The
usual reason for this arrangement is that no party on its own can achieve a majority
in the election.

Advantages:

1. Enlarges your base of support, networks and connections; gives strength in

numbers: you can achieve more together than you can alone.
2. Provides safety for advocacy efforts and protection for members who may not
be able to take action alone, particularly when operating in a hostile or difficult
environment.
3. Magnifies existing financial and human resources by pooling them together and
by delegating work to others in the coalition.
4. Reduces duplication of effort and resources.
5. Enhances the credibility and influence of an advocacy campaign, as well as that
of individual coalition members.
6. Helps develop new leadership skills amongst members.
7. Assists in individual and organizational networking.
8. Facilitates exchange of information, skills, experience, materials, opportunities
for collaboration etc.

5) Differentiable between the functions of governor and chief minister.

ANS) Chief Minister: A person can be elected as a chief minister

of any state who is member of either Vidhan Shabha (lower
house of assembly) or Vidhan Parishad (upper house of
assembly), and have holding 2/3 majority in assembly. A chief
minister is appointed by governor.
Governor: A governor is a representative of central government
which deployed at state to manage and deal with all the central
government things. Governor is appointed by President of the
country.
2)
the Government of a State under Article 200.