The Union Parliament

The Union Parliament

The Union Parliament consists of the President and two houses—The House of People commonly known
as the Lok Sabha and the Council of States known as the Rajya Sabha.
The Parliament is a body of people’s representatives who have the supreme power and authority of
governance in a democratic country.

Federal Government
India has a federal form of Government which means that the powers are divided between the central and
state governments and both are supreme within their respective spheres. Both central and state
governments draw their authority from the Constitution of the country.

Importance of the Federal Form of Government

 Although India has the federal form of Government, it is not possible for the states to break away from
the Indian Union. This ensures and maintains the unity and the integrity of the country.
 Because people belonging to various religions, cultures and linguistic affiliations reside in the country,
the federal setup allows them to maintain their cultural and linguistic affiliations.
 Both union and state governments draw their power and the authority from the Constitution. There is
division of administrative and legislative powers between them and none can violate any terms of the
Constitution.
 The states also participate in the functioning of the government. The Upper House (Rajya Sabha)
mainly consists of the representatives of the states.
 The Constitution has provided the central and state governments with adequate financial resources to
carry out their duties towards the people.

Unitary Features (Non-Federal)

India has certain unitary features which limit the powers of the state governments. Therefore, it is said that
India is federal in form and unitary in spirit. Some important unitary features of the Constitution are
 The central government in India is strong and has been vested with power and authority. There
exist three lists on which the governments can make laws. These are
o The Union List: It contains 97 subjects on which only the central government can make laws such
as defence and finances.
o The State List: It consists of 67 subjects on which only the state government can make laws such
as education and health.
o The Concurrent List: It contains 47 subjects on which both central and state governments can
make laws such as criminal laws, laws on adulteration etc. In case both governments do not agree
on the same matter, the will of the union government prevails. This makes the central government
more powerful.
 There is only one single Constitution for the country from which both central and state governments
derive their power and authority.
 The Constitution of India provides for a single citizenship for the country.
 The Constitution of the country does not give equal representation to the states in the Rajya
Sabha. States get representation based on the population of their states.
 There exist administrative units known as the Union Territories which are directly administered by the
central government. This has further increased the power of the central government.
Lok Sabha

The Lok Sabha is known as the House of People as its members are directly elected by the people of
India.
Term
 The members of the Lok Sabha are elected for a period of five years. However, it can be dissolved
before completing its term by the President on the advice of the Prime Minister and his cabinet.
 The term of the Lok Sabha can be extended for a year during an emergency.
Composition
 The maximum strength of the Lok Sabha is 552 members.
 According to the Constitution, not more than 530 members can represent the states and not more than
20 members can represent the union territories.
 The president may appoint two members of the Anglo Indian community.
 Seats in the Lok Sabha are allotted to the states on the basis of their population. For example, Uttar
Pradesh being the most populous state in India sends 80 members to the Lok Sabha, while Sikkim
and Goa sends one and two members, respectively.
Qualification
 He should be a citizen of India and should not be less than 25 years of age.
 His name should be in the electoral rolls in some parts of the country.
 He should not be under debt and should be able to meet his/her financial requirements.
 He should not hold any office of profit under the government.
 He should not be a proclaimed criminal and should be of sound mind.

Disqualification of Membership
A Member of Parliament can be disqualified under the following circumstances:
 If he holds any office of profit under the central or state government.
 If any court declares him to be of unsound mind.
 If he is an insolvent or has not been able to pay his debts.
 If it is found that he is not a citizen of India or has willingly acquired citizenship of any foreign state.
 If he is disqualified by law made by the Parliament.

Vacation of Seats
Seats of either the Lok Sabha or Rajya Sabha become vacant under the following circumstances:
 If a member of the Parliament resigns from his seat.
 If a member remains absent from the House continuously for a period of 60 days.
 If a member of the Parliament is elected to the State Legislature, he has to give up his seat in the
Parliament and vice versa.

Procedures in the Parliament

There are certain procedures and sessions in the Parliament. These are
Sessions
 The President summons each House of the Parliament. Each House has to meet for at least twice a
year and the difference between two consecutive sessions should not be less than six months.
 Generally, there are three sessions—the Budget Session, the Monsoon Session and the Winter
Session.
Quorum
No bills can be passed if the required number of members of the Lok Sabha and Rajya Sabha are not
present in the House. This is known as quorum. The speaker may adjourn the House until the requisite
quorum or the required members are present.

Question Hour
Question Hour is a time in the Parliament when a member of a House asks questions from the
government on the matters of public interests. This right of the members to ask questions from the
government is known as interpellation.
The first hour of every working day in the Parliament is reserved for Question Hour.
There are three types of questions which can be asked in the Parliament. These are
a. Starred Questions are those to which the members of the House want oral answers in the Parliament.
b. Unstarred Questions are those to which answers have to be given in a written form.
c. Short Notice Questions are asked with a notice shorter than of ten days. It is up to a member to accept
or to reject short notice questions.

Types of Motions
A motion is a proposal made by a member of the House to take some important matter related to public
importance for discussions. Members draw the attention of the government on important matters by
bringing in the motions. Some important types of motions are

Adjournment Motion
The adjournment motion is an extraordinary procedure which leads to discussing the matters of urgent
public opinion leaving aside the normal businesses of the House. Such motions are generally allowed on
subjects such as a large-scale dacoity, occurrence of a disastrous natural calamity, communal tension
etc.
No-Confidence Motion
A No-Confidence Motion is a proposal which expresses lack of confidence in a Ministry. The Prime
Minister and his Council of Ministers are collectively responsible to the Parliament. If a motion of No-
Confidence is moved by the opposition with the required support of at least 50 members, it is first
discussed and then put to vote. If the No-Confidence Motion is passed in the Lok Sabha, the government
has to resign.
Adjournment and the Prorogation of the House
When the Government resigns because of the passing of the Motion of No-Confidence, the Prime Minister
can recommend the dissolution of the House. The President can dissolve the House if the Prime Minister
recommends him and if there are no parties which have the majority to form the government.
The House can also be adjourned if a sitting or an ex member of the House dies, there is too much
disorder in the House or when there is no quorum in the House.

Speaker of the Lok Sabha

The speaker of the Lok Sabha is the presiding officer of the House. He/she is elected from among the
members of the Parliament after the general elections. After his/her elections, the speaker has to act
impartially. The Speaker is elected for a term of five years. A Deputy Speaker looks after the proceedings
of the House if the Speaker is absent or his/her seat falls vacant.
Functions of the Speaker (related to conducting business of the House)
 The Speaker presides over the business of the House and allots time for discussions. His decision in
all parliamentary matters is final.
 All bills passed by the Lok Sabha have to be signed by the Speaker.
 He puts issues to vote and announces the results.
 The Speaker decides if a bill is an ordinary bill or a money bill.

Administrative Functions
 The Speaker receives all petitions and documents in the House.
 He communicates all decisions which are taken in the House to the concerned authority.

Disciplinary Functions
 The speaker maintains order in the House. He can suspend a member or in the case of serious
disorder may adjourn the House.
 If indecent words are used by the members, the Speaker may order not to use such words in the
future.
 The Speaker decides in accordance with the Constitution if a member stands disqualified under the
Anti-Defection Law. His decision is considered final.

Parliamentary Committees
 The Speaker presides over some Committees of the House such as the Business Advisory Committee
and the Rules Committee.
 He appoints the Chairmen of all committees in the House and issues directions to them.

Miscellaneous Functions
 The Speaker presides over the joint sessions of both Houses.
 He presides over the Conference of Presiding Officers of Legislative Bodies in India.

Rajya Sabha

The Upper House of the Parliament is known as the Rajya Sabha. It represents the states in India.
Term
The Rajya Sabha is a permanent House as it cannot be dissolved. Members of the Rajya Sabha are
elected for a period of six years and one-third of the total members retire after every six years.

Composition
The Rajya Sabha consists of 250 members. Of these, 12 members are nominated by the President.
These are individuals who have contributed immensely to the fields of education, sports, art, sciences,
social service etc. The remaining 238 members of the Rajya Sabha are elected by the members of State
Legislative Assemblies. Seats are allocated to the states on the basis of their population. While Uttar
Pradesh sends 31 members, Mizoram sends only one member.

Qualification
 He should be a citizen of India and should not be less than 30 years of age.
 His name should be in the electoral rolls in some parts of the country.
 He should not be under debt and should be able to meet his/her financial requirements.
 He should not hold any office of profit under the government.
 He should not be a proclaimed criminal and should be of sound mind.
The Vice President is the presiding officer or the ex-officio Chairman of the Rajya Sabha. He presides
over the meetings of the Rajya Sabha and he votes in the House only in the case of a tie.
The Deputy Chairman is also elected from among the members of the House. He performs all functions of
the Chairman in the absence of the latter.

Powers and Functions of the Lok Sabha and the Rajya Sabha
Legislative Powers
 The Lok Sabha and the Rajya Sabha make laws on the Union List on important subjects such as
foreign policy and defence.
 Both Houses also make laws on the Concurrent List. In case of conflicts with the state
governments, the laws made by the Union Government are accepted.
 The Houses can make laws on the matters which are not included in any of the three lists. This power
is known as residuary powers.
 The Parliament can make laws on the subjects included in the State List during an emergency,
when the Rajya Sabha passes a resolution stating that the subject in the State List is of national
importance and when two or more states in the Rajya Sabha want laws on the subject in the State List
should be made by the Parliament.
 The President can pass Ordinances at the time when the Parliament is not in session. However, the
Ordinances cease to exist after six weeks.
 When there is a breakdown of Constitutional machinery in the state, an emergency can be declared by
the Parliament in that state. The Parliament acts as the legislature in such a state and assumes all
important powers in the state.

Financial Powers
All bills except the Money Bill can originate in either House of the Parliament. Money Bills can originate
only in the Lok Sabha. The Rajya Sabha plays only an advisory role in the financial sphere.
 The Parliament passes the Union budget which consists of the total income and expenditures of a
financial year.
 The Parliament may ask for a Supplementary Grant if the amount authorised for the current financial
year is insufficient.
 If the Budget is not passed in the beginning of the financial year, the executive may draw funds from
the Consolidated Fund until the Budget is passed by the Parliament.
 The Parliament decides on the salaries and allowances of the MPs.
 No taxes can be imposed on the people or money can be sent by the Government without the
approval of the Parliament.

Control over the Executive

 The Parliament exercises control over the Executive by posing questions to ministers related to public
opinion during Question Hour. By asking questions, members can draw the attention of the House and
people towards unjust policies of the government.
 The Parliament can pass a motion of No-Confidence against the government. If such a motion is
passed, then the government has to resign.
 Adjournment motions can be passed on certain occasions when a mishap takes place such as railway
accidents, killing of people during riots etc. Through this motion, the Parliament draws the attention of
the people towards acts of omission and commission.
 A cut motion may be moved if the Parliament aims to reduce the demand of grants presented to the
Lok Sabha. It also ensures that public money is spent in accordance with the decisions of the
Parliament.
Judicial Powers
 The Parliament can impeach the President on the charges of grave misconduct, violation of the
Constitution etc. If the charges against the President are passed by two-thirds majority of both
Houses, the President may be removed from his office.
 The Parliament can remove the judges of the Supreme Court and High Courts, the Chief Election
Commissioner, the Comptroller and Auditor General of India if they are found to be violating any
provision of the Constitution.
 The Parliament can punish a person for hampering the work of the Parliament or for ridiculing them.

Electoral Functions
 The Parliament with the State Legislatures elects the President of the country.
 It also elects the Vice President of India.
 Members of the Lok Sabha elect the Speaker among themselves, while the Rajya Sabha elects its
own Deputy Chairman.

Amendment of the Constitution

The Parliament can amend the Constitution. The amendments should be passed by each House with two-
thirds majority.

Other Powers
 The Parliament has the power to alter the name or the boundaries of any state. It can also make new
states.
 It makes laws regarding the composition, jurisdiction and powers of the Supreme Court.

Special Powers of the Rajya Sabha

 The Lok Sabha cannot make laws on subjects included in the State List. Only if the Rajya Sabha
passes a resolution by two-thirds majority of the House, the Parliament can make laws on the State
List.
 If the Rajya Sabha demands that new all-India services should be made in national interests, the
Parliament may create new services.
 If the Lok Sabha is dissolved before or after the declaration of a national emergency, the Rajya Sabha
plays the role of the Lok Sabha.

Special Powers of the Lok Sabha

 Motion of No-Confidence can be moved and passed only in the Lok Sabha. If it is passed, the
Government has to resign.
 Money bills can only be introduced in the Rajya Sabha.
 In case of a deadlock over an ordinary bill, the will of the Lok Sabha prevails as its numerical strength
is double that of the Rajya Sabha.
Differences between the Lok Sabha and the Rajya Sabha

Lok Sabha Rajya Sabha

It is known as the ‘House of People’. It is known as the ‘Upper House’.
The members are elected directly by the people of Its members are elected by the members of the
India. state Legislative Assemblies.
Money bills can originate only in the Lok Sabha. Money bills cannot originate in the Rajya Sabha.
The Speaker is the presiding officer of the House. Vice President is the presiding officer of the Rajya
Sabha.
It represents the people of India. It represents states of the Indian Union.
It enjoys more powers than the Rajya Sabha. It has less power than the Lok Sabha.

Anti-Defection Law

The Constitutional Act passed in 1985 is known as the Anti-Defection Law. Members of Parliament and
state legislatures can be disqualified from the Parliament on the grounds of defecation. These are
 If a member of a party who is a parliamentarian abandons his membership from a party or votes or
abstains from voting contrary to the directions issued by the party.
 A nominated Member of Parliament belonging to any party can be disqualified if he gives up his
membership and abstains from voting contrary to the directions of the party.
 An independent Member of Parliament is disqualified if he joins any political party after his election.
 The President and the Vice President
The President
The President is the head of the Indian Union and is the supreme commander of the defence forces of
India.
Qualifications for Election to the Position of President
 He should be a citizen of India.
 He should have completed thirty-five years of age.
 He should be qualified for election as a member of the Lok Sabha.
 He should not hold any office of profit under the Government of India.

Election of the President

The President is elected indirectly by the members of the Electoral College. The Electoral College
consists of
 The elected members of the Lok Sabha and the Rajya Sabha
 The elected members of the State Legislative Assemblies
It is to be noted that the nominated members of the Parliament and the State Legislative Assemblies are
not part of the Electoral College.
For choosing the presidential candidate, the name of the candidate should be proposed by 50 members of
the Electoral College and has to be agreed by another 50 members.

Manner of Election
The election of the President is held in accordance with the system of proportional representation by the
means of single transferable vote. Efforts have been made to maintain uniformity in the scale of
representation of different states:
a. The voting power of an elected member of the Legislative Assembly is calculated in proportion to the
total population of the state and the number of total elected members of the Legislative Assembly.
b. The value of the vote of the members of the Parliament is obtained by dividing the total number of
votes assigned to the MLAs of the state by the total number of members of the Parliament.

Single Transferable Vote System

 In the single transferable vote system, all candidates are first listed and the electoral gives preference
to these candidates. For example, an electoral may give first preference to candidate A and second
preference to candidate B.
 If a candidate gets absolute majority, he is declared as elected. If no candidate gets majority, the
candidate who gets the least number of votes is eliminated. This process of elimination continues until
a candidate gets an absolute majority.

Indirect Election
There are several reasons as to why the President is elected indirectly. These are
 The direct election of the President by the people of the country can make him a rival centre of power
to the Council of Ministers.
 As mostly a party gets a majority in the Houses of the Parliament, election of the President by only the
members of the Parliament could have made him a nominee of the ruling party. Then the President
would not have been able to represent the states in India.
 The election of the President by an Electoral College consisting of the State Legislative Assemblies
makes the President the elected representative of the whole nation.
The President takes the oath of office in the presence of the Chief Justice of India.

Term
The President is elected for a period of five years. He can hold office even after the expiry of his term as a
President till the election of a new President.

Vacation of Office
 The President can resign by submitting his resignation letter to the Vice President.
 The President can be impeached or removed from his office for gross misconduct or for violating the
Constitution.

Procedure for the Impeachment of the President

 For impeaching the President, a resolution can be moved after giving a fourteen days notice which
should be signed by not less than one-fourth of the total number of the members of the House.
 The resolution should be passed by a majority of at least two-thirds of the total membership of the
House.
 The charge is then investigated by the either House of the Parliament and the President can appear
and get represented during such an investigation.
 If after investigations, a resolution is passed by a majority of not less than two-thirds members of both
Houses of the Parliament, the President is impeached.

Powers and Functions of the President of India

Executive Powers
 The President is the head of the Indian Union. All executive orders are issued by the Prime Minister
and his cabinet on the name of the President.
 All key appointments are made on the name of the President on the advice of the Prime Minister and
his cabinet. The President appoints
o The Prime Minister (the leader of the majority party in the Lok Sabha) and his Council of Ministers
on the advice of the Prime Minister.
o The Chief Justice and the judges of the Supreme Court and the High Courts.
o The Governors of the states, Lt-Governors and the Chief Commissioners of the Union Territories.
o The Attorney General, the Comptroller and the Auditor General of India.
o The Chairman and the members of the Union Public Service Commission.
 President’s rule is imposed over states if there is a breakdown of the state machinery or if no party
is capable of proving its majority on the floor of the House.
 Administration of the Union Territories and the border areas is the responsibility of the President.

Diplomatic Powers
 The President appoints the Indian Ambassadors to the other countries.
 He receives ambassadors and diplomatic envoys from the other countries.
 All treaties and international agreements are concluded on the name of the President.
 The President represents the entire nation in international conferences.
Legislative Powers
 The President addresses both Houses of the Parliament for the first session held after the General
Elections to the Lok Sabha.
 He has the power to send messages to both Houses of the Parliament related to any parliamentary
matter (e.g. bills).
 The President has the power to summon and prorogue the houses of the Parliament.
 He can dissolve the Lok Sabha on the recommendations of the Prime Minister.
 The President nominates 12 members to the Rajya Sabha from among persons who have made great
contributions to science, literature, social sciences, arts and sports.
 No bill can become a law until and unless it is signed by the President. The President can send the bill
back to the House if he disagrees with any clause of the bill. However, when the bill comes to him for
the second time, he has to sign it.
 An Ordinance can be promulgated by the President which has the same status as an Act of the
Parliament.
o The President can pass the Ordinance if he feels that circumstances are necessary for him to take
immediate action.
o The Ordinance can be passed even if no House of the Parliament is in session.
o If the Parliament disapproves the Ordinance, it lapses. After the Ordinance is passed, it lapses
after a period of six weeks. The Ordinance also lapses when it is replaced by an Act of the
Parliament.
 The Governor may reserve some bills passed by the state for taking an opinion of the President. The
President can send the bill back to the State Assembly for reconsideration.
 A bill dealing with the altering of state’s boundaries and the formation of new states cannot be
introduced without the recommendations of the President.

Financial Powers
 Money bills can originate in the Lok Sabha only on the recommendations of the President.
 The Annual Budget is placed by the Finance Minister in the Parliament on behalf of the President.
 The Annual Financial Statement is also laid before the Parliament at the beginning of the financial year
on behalf of the President.
 Withdrawals from the Contingency Fund can be made after the approval of the President.

Military Powers
 The President is the supreme commander of the armed forces in India.
 He appoints the Chiefs of all the three wings of the Armed Forces on the recommendations of the
Prime Minister and his Council of Ministers, the Parliament and the Military Secretary.

Judicial Powers
 The President is not answerable before any Court of Law for the exercise of powers and duties in his
office.
 No criminal offences can be registered against him during his tenure as a President.
 The President has the power to grant pardon, reprieve, respite or commute the sentence of any
person convicted for an offence.
Discretionary Powers
 The President can appoint the Prime Minister when there is a hung Parliament, i.e. where no single
party gets a majority in the Lok Sabha.
 He can appoint the Prime Minister in case of his (Prime Minister) sudden death and the ruling party is
unable to elect a leader.
 When the ruling party loses the majority in the Lok Sabha, the President may or may not dissolve the
House on the recommendations of the Prime Minister. The former may ask the leader of the other
party to prove their majority on the floor of the House.
 The President can dismiss ministers of the government if they lose the confidence of the House but
refuse to resign.

Emergency Powers
The President can declare emergency in the following cases:
 National Emergency: If there is danger to the peace and security of the nation because of foreign
aggression, civil war or insurgency.
 Breakdown of Constitutional Machinery: Emergency can be proclaimed in the state if the
constitutional machinery of the state breaks down.
 Financial Emergency: If the financial stability or the credit of the country is threatened.

Emergency

Emergency can be declared by the President under three circumstances:

National or General Emergency

 Emergency can be declared if the President feels that the security of India is under threat either
because of foreign aggression, civil war or armed rebellion.
 National emergency should be approved by both Houses of the Parliament within one month by
special majority.
 The emergency cannot continue for more than one month. If the Lok Sabha does not approve the
Proclamation of Emergency, the President has to annul his Proclamation.

Effects of National Emergency

 During a national emergency, the fundamental rights of the people are partially or wholly suspended.
No person can move to the court for the enforcement of any rights except Articles 20 and 21.
 The states have to work according to the instructions of the central government and the country
assumes unitary character.
 The central government may alter the distribution of revenues between the centre and the state and
the salaries of parliamentarians can be reduced.
 The term of the Lok Sabha may be increased by a year during an emergency.
 National emergency was declared for the first time on 26 October 1962 when China launched an
attack on India. Again, it was proclaimed on 3 December 1971 because of the threat caused by
Pakistan’s army.
Emergency Caused by Breakdown of Constitutional Machinery
 The Constitutional Emergency can be promulgated if the President receives reports from the Governor
stating the inability of the state government to function according to the provisions of the Constitution.
 Under such circumstances, President’s rule is imposed in the state.
 The duration of such an emergency is two months. In case the duration has to be increased, it has to
be ratified by the Parliament. President’s rule in the state can continue for a year.

Effects of Emergency in the State

 The administration of the state is carried out by the President, and the Governor has to follow the
instructions of the Union Government.
 The President may dissolve the Lok Sabha and dismiss the Council of Ministers.
 The Parliament may pass laws even on subjects listed on the State List.
 When the Lok Sabha is not in session, the President may authorise expenditures out of the
Consolidated Fund of the State.
 President’s rule was proclaimed for the first time in Punjab in 1951.

Financial Emergency
 The President can declare financial emergency if he feels that the financial credibility or stability of the
nation is in danger.
 Such an emergency is valid for two months unless it is further ratified by the Parliament.

Effects of Financial Emergency in the State

 The President appoints a Finance Commission to suggest ways to improve the financial condition of
the country.
 The salaries and allowances of the government officers can be reduced by the President.
 All money bills passed by the Lok Sabha have to be submitted to the President for his approval.
 The President can issue instructions to the States in regard to the use of funds.
 Financial emergency has never been declared in the state.

Position of the President

 The President is the head of the Indian Union, but he has to act on the advice of the Prime Minister
and the Council of Ministers.
 The President may send advices of the Prime Minister and his Council of Ministers for reconsideration.
However, if he receives it back, the President has to act on the advice of the President.
 All the proclamations of Emergency which are issued by the President have to be approved by the
Parliament.
 The President is the constitutional head of the country, but all decisions are taken by him on the
advice of the Prime Minister and the Council of Ministers.
 The President occupies an important position in the country as executive powers of the Union is
vested in him and is exercised by him directly or through officers subordinate to him.
 The President has the right to be informed on all important matters. When no party gets a majority in
the Lok Sabha, he can use his discretion in appointing the Prime Minister in accordance with the
provisions of the Constitution.
The Vice President

The Vice President is the ex-officio Chairman of the Rajya Sabha.

Qualifications for Election to the Position of the Vice President
 He should be a citizen of India.
 He should have completed thirty-five years of age.
 He should be qualified for elections as a member of the Council of states.
 He should not hold any office of profit under the Government of India.

Election of the Vice President

 The Vice President is elected by the members of the Electoral College consisting of the members of
both Houses of the Parliament. The election is held in accordance with the system of proportionate
representation by the means of a single transferable vote.
 The voting of the Vice President takes place by secret ballot.

Term of Office
 The Vice President holds office for a term of five years.
 He may resign from his office by submitting a written application to the President.
 He can be removed from the office by the process of impeachment for violating the terms of the
Constitution.

Powers and Functions of the Vice President

 The Vice President is the ex-officio Chairman of the Rajya Sabha. He may suspend and adjourn the
business of the House in case of grave disorder. He regulates the debates and the proceedings of the
House.
 The Vice President can take over the position of the President under the following circumstances:
o In case of the death of the President
o In case of the resignation of the President
o In case of the impeachment of the President
o When the President is not able to discharge his duties owing to his absence, illness or because of
any other causes.
o In case of impeachment or the death of the President, the Vice President acts as President till the
new President is elected.
 Prime Minister and Council of Ministers
Prime Minister
India has a parliamentary form of government in which the Prime Minister is the real head of the country.
The President is the nominal head who acts on the advice of the Prime Minister.

Appointment of the Prime Minister

 According to the Constitution, the President has to invite the leader of the majority party in the Lok
Sabha to form the government. The leader of the majority party is elected by the party members.
 When no single party gets absolute majority in the Lok Sabha, the President has to invite a person to
form the government who can prove majority on the floor of the House.
 The leader of the majority party in the Lok Sabha is appointed as the Prime Minister by the President.

Council of Ministers
 The Council of Ministers are appointed by the President on the advice of the Prime Minister.
 According to the conventions, only the members of the Parliament are appointed as Ministers. In case
a person who is not a member of the Parliament has been appointed as a minister, he must be elected
or nominated to the Parliament within six months from the date of his appointment.
There are three circles of ministers. These are

Cabinet Ministers
They are the most important body of ministers in the Council of Ministers. All important portfolios such as
defence, finance and external affairs form the Cabinet Ministers. The Cabinet Ministers formulate the
policies and programmes of the government.

Ministers of State
The state ministers may or may not have any portfolios. It is up to the Prime Minister if he wants or does
not want to consult them. Generally, they do not participate in the meetings of the Cabinet but may be
invited to do so.

Deputy Ministers
The Deputy Ministers are the junior ministers who help the Cabinet and the Council of Ministers in their
work. They do not participate in the Cabinet discussions.
The Council of Ministers comprises the Prime Minister and other ministers appointed by the President.

The Cabinet
 The Cabinet is a small body of senior members of the party who are included in the Council of
Ministers.
 Cabinet Ministers hold important portfolios and decide major policies of the government.
 The Cabinet is the nucleus of the administration as important decisions are taken by it. The policies
formulated by the Cabinet Ministers have to be followed by other ministers.
 The Prime Minister selects the senior and the most trustworthy members of his party and advises the
President to appoint them.
Term of the Office
 The Cabinet and the Prime Minister are directly responsible to the Lok Sabha and remain in office as
long as they enjoy the support of majority members of the Parliament. If the Lok Sabha passes a vote
of No-Confidence Motion against them, the Council of Ministers has to resign collectively.
 A Cabinet Minister has to take an oath of Office and of Secrecy—the ministers take an oath of neither
revealing nor communicating information to any person.
 The salaries and allowances to the ministers are determined by the Parliament from time to time.

Powers and Functions of the Cabinet

Administrative Powers
 The Cabinet formulates and decides the domestic and international policies of the government. It
takes decisions on important matters such as defence, finances and foreign affairs. Individual
ministers have to consult the Cabinet on all important matters.
 After a decision is taken by the Cabinet Ministers, it is conveyed to the Ministers of State and the
Deputy Ministers who implement the policies with the help of the bureaucracy.
 The Cabinet coordinates the workings of several departments to implement the policies of the
government.
 All important appointments made by the President are decided by the Cabinet under the leadership of
the Prime Minister. Judges of the Supreme Court, High Courts, Governors (of the states), Chief
Election Commissioner, ambassadors and other important dignitaries are appointed on the
recommendations of the Cabinet.

Legislative Powers
 Most of the bills are introduced by the Cabinet in the Parliament. The bills introduced by the Cabinet
are known as Official bills. The latter is given priority over Private bills.
 The Ministers along with the secretaries of the department answer various questions asked to them by
the members of the Lok Sabha.
 The Cabinet Ministers play an important role in making amendments to the Constitution.
 The Ministry of Parliamentary Affairs, a cabinet ministry, decides the summoning of the Parliament.
The Parliament is summoned on the name of the President.
 The Cabinet prepares the President’s Special Address to the Parliament.
 The Cabinet advices the President to issue Ordinances when the Parliament is not in session.

Financial Powers
 The Finance Minister, the integral part of the Cabinet, prepares the Annual Budget which contains the
estimates of the income and expenditure of a financial year.
 The Cabinet regulates the expenditure of the government and can present demands for required
grants and for raising necessary income through various legal means.
 A Money Bill can be introduced only in the Lok Sabha.

Emergency Powers
The President can declare a proclamation of national, financial and constitutional emergency only after
receiving such an order in writing by the Cabinet.
Prime Minister

The Prime Minister is the real head of the country. Because he is an elected leader, he represents the
people of India.

Prime Minister and President

 The President acts on the advice of the Prime Minister. Thus, while the President is the nominal head,
the Prime Minister is the real head.
 The President summons and prorogues the Parliament on the advice of the Prime Minister.
 The Cabinet Ministers are chosen by the President on the advice of the Prime Minister.
 He advises the President on various appointments made on the posts of the Judges of the Supreme
Court, the Governors and the ambassadors.
 The Prime Minister is a link between the President and the Council of Ministers. All important
decisions made by the Cabinet members are communicated to the President by the Prime Minister.

Prime Minister and Cabinet

 The Prime Minister is the head of the Cabinet. He presides over the meetings of the Cabinet.
 He allocates portfolios to his ministers and can also ask for their resignations.
 The Prime Minister coordinates the workings of various departments of the Cabinet.
 When the Prime Minister resigns, his Cabinet members also have to resign.

Prime Minister and Parliament

 As the Prime Minister is the leader of the majority party in the Lok Sabha, he is considered the leader
of the House.
 He is the chief spokesperson of the government in the Parliament.
 He defends the government in the Parliament. Whenever his minister is questioned, he defends him.
 Whenever the discussions become ugly on issues such as communal tension, the Centre–State
relationship, price rise etc., he can intervene and can put the matter to an end.

Prime Minister as a Leader of the House

 The Prime Minister is the leader of the nation and represents the country in international affairs.
 During national crises like war, the opposition parties extend full support to him.
 The Prime Minister decides on the foreign policy of the country.
 He presides over the meetings of the Planning Commission and the Atomic Energy Commission.

Check on the Powers of the President

 For the formation of a coalition government, the Prime Minister does not enjoy the complete majority of
the House and his position may become vulnerable.
 The opposition parties keep a check on the working of the Prime Minister and the government by
scrutinising the work of various governmental departments and by asking questions from the ministers
in the Parliament.
 The press and public opinion keep a check on the power and authority of the Prime Minister.
Collective Responsibility
Article 75(3) of the Constitution deals with the principle of Collective Responsibility. The principle of
Collective responsibility means:
 The decisions taken by the Ministers in cabinet meetings are applicable to all ministers even if their
opinion differs from each other.
 All ministers jointly share the responsibility for the policies of the government. They work as a team
and have to defend one another.
 If a vote of No-Confidence is passed against any of the ministers, the whole ministry has to resign.

Individual Responsibility
 Every minister is responsible to the Prime Minister and holds office during his pleasure. He has to
answer all questions asked by the Members of Parliament related to their department.
 All ministers are individually responsible to the President and hold office during the pleasure of the
President.
 Every minister is responsible for any wrong policy formulated by him/her and the breach of secrecy. In
the past, several ministers have owned mistakes committed by his/her department and have resigned
from their posts.
Thus, though the Prime Minister and his Council of Ministers play an important part in formulating and
executing various laws and policies, they are answerable to the people for every decision which is taken
by them.