UNIT-II

The Union Executive

• The President
• The Vice President
• The Council of Ministers
• The Attorney General for India
• The Comptroller and
• Auditor General of India (CAG)
CONSTITUTIONAL PROVISIONS President of India (52-62)

52. The President of India.

53. Executive power of the Union.
54. Election of President.
55. Manner of election of President.
56. Term of office of President.
57. Eligibility for re-election.
58. Qualifications for election as President.
59. Conditions of President’s office.
60. Oath or affirmation by the President.
61. Procedure for impeachment of the President.
62. Time of holding election to fill vacancy in the office of President and the term of office of person
elected to fill casual vacancy.
President of India (52-62)

ARTICLE 52 - THERE SHALL BE A PRESIDENT OF INDIA. THE PRESIDENT IS THE HEAD OF THE
INDIAN STATE. HE IS THE FIRST CITIZEN OF INDIA
EXECUTIVE POWER OF UNION ARTICLE 53 -
• Article 53 provides that executive power of the union shall be vested in the president and shall be exercised by him
either directly or through officers subordinate to him in accordance with the constitution.
• The president shall be the SUPREME COMMANDER of Defense forces in India.
ELECTION OF PRESIDENT ARTICLE 54 -
• Article 54 provides that the President shall be elected by the members of an electoral college consisting of:
• Elected members of both houses of parliament and
• Elected members of Legislative Assemblies of state (LAs including the States of Delhi+Puducherry)
Members who DO NOT participate in the election of the president:
a. nominated members of both the houses of parliament; and
b. nominated members of state legislative assembly; and
c. members both elected and nominated of state legislative council [in case of bicameral Legislature] and
d. Nominated members of the legislative assemblies of Delhi and Puducherry do not participate in the election
of president.
ARTICLE 55 -
• Provides that there shall be uniformity in the scale of Representation of different states as well as parity between the
state as a whole and union at the election of the president.
• the presidential election is held in accordance with the system of proportional representation by the means of a
Single Transferable Vote and the voting is by secret ballot. [Article 55(3)]

TERM, RESIGNATION AND RE-ELECTION [ARTICLE 56]

• Provides that the president shall hold office for the term of five years from the date on which he enters upon his
office.
• the president may resign by addressing his resignation to the vice president.
• The president may for violation of the constitution be removed from office by impeachment in the manner
provided in article 61.
• The president shall notwithstanding the expiration of his term, continue to hold the office until his successor
enters upon his office.
• Resignation address to vice president shall be communicated by him to the speaker of the house of people.
ARTICLE 57 - provides that the person who holds or has held the office of president shall subject to the other provisions of
the Constitution be eligible for re-election to that office.

QUALIFICATION FOR THE ELECTION OF THE PRESIDENT [ARTICLE 58]

Article 58 provides that the following shall be the qualification for the election of the President.
• He should be a citizen of India.
• He should have completed 35 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 union government or any State government or any local authority or any
other public authority.
• A sitting president or vice president of the union, the governor of any state and a Minister of the union or any state is not
deemed to hold any office of profit and hence qualified as a presidential candidate.
CONDITIONS OF PRESIDENT'S OFFICE [ARTICLE 59]

• Article 59 provides that the president shall NOT be a member of either the House of Parliament or of the House of
Legislature of any state.
• If a member of either House of Parliament or of the house of the Legislature of any state is elected president, he shall be
DEEMED to have vacated his office in that house on the date on which he enters upon his office as a president.
• The president shall not hold any other office of profit.
• The president shall be entitled without payment of rent to the use of his official residence and shall be also entitled to search
emoluments, Allowances and privileges as may be determined by the Parliament by law.
• The emoluments and allowances of the president shall not be diminished during his term of office.
OATH OR AFFIRMATION BY PRESIDENT [ARTICLE 60]
• Article 60 provides that before entering upon his office, the president has to make and subscribe to an oath or affirmation. In
his oath the president swears:
• To faithfully execute the office.
• To preserve, protect and Defend the constitution and law; and
• To devote himself to the service and well-being of the people of India.
• The Oath of the office of president is administered by Chief Justice of India and in his absence, the senior-most judge of
Supreme Court available.
• Any other person acting as a president or discharging the functions of the president also undertake the similar oath or
affirmation.
IMPEACHMENT OF THE PRESIDENT [ARTICLE 61]
• Article 61 provides the procedure for impeachment of the president.
• Grounds: the president is impeached on the ground of violation of the constitution. The constitution does not define the
meaning of phase ‘violation of the constitution'.
• The impeachment charges can be initiated by either House of the Parliament. 14 days prior notice
• These charges should be signed by 1/4th members of the house (that framed the charges). The president has the right to
appear and to be represented in such an investigation.
• If the other house also sustains the charges and passes the impeachment resolution by a majority of 2/3rd and total
memberships, then the President stands removed from his office from the date on which the resolution is so passed.
• Till date, no president has been impeached.
• Article 62 provides that an election to fill a vacancy
• In the case of any delay in conducting the elections of the new president for any reason, the outgoing president continues
to hold office on his term of 5 years until his successor assumes charge. It is to be noted that in this situation the Vice-
President does not get an opportunity to act as a president.
• If the office is false vacant by resignation, removal, death or otherwise, then the election to fill the vacancy should be
held within six months from the date of occurrence of such a vacancy.
• The newly elected president remains in office for a full term of five years from the date he assume the charge of
his office.
SITUATIONS WHERE VICE PRESIDENT ACT AS A PRESIDENT ARTICLE 65
• When a vacancy occurs in the office of president due to his resignation, removal, death or otherwise, the vice president
acts as the President until new President is elected article 65(1).
• When the sitting president is unable to discharge is function due to absence, illness or any other cause the vice president
discharges his functions until the president resumes his office article 65(2).
• in the case of office of vice president is vacant, the Chief Justice of India for if his office is also vacant the senior most
judge of Supreme Court available acts as the President of discharges the functions of president.
• PRIVILEGES OF PRESIDENT - ART 361
• President, enjoy some degree of immunity. Under Article 361, the President is protected from being answerable to any court for:
• For exercise and performance of his powers and duties of his office;
• For doing any act or claimed of doing any act in the exercise of those powers and duties; The conduct of the President can be reviewed
only if either House of Parliament designates or ap points any court tribunal or any other body to investigate the charges under Article 61.
• But it bars no person from bringing any valid proceeding against the Governor or Government of India.
• The Article immunes the President against all types of criminal proceedings during his term.
• No issuance of any order relating to the arrest and imprisonment of the President can be made by any court during his term of office.
• A civil proceeding can be constituted against the president during his term of office if:
• The act is done or alleged to have been done, whether before or entering the office of the President, by him was in his personal capacity
;
• Two months prior notice is provided, to the president or was sent to his office, stating:
• The nature of the proceeding;
• The cause of action;
• The details of the other party including name, description, and place of residence;
• The relief claimed by the other party;
 Power and Duties of the
President
The President of India is vested with
• the Executive
• Legislative
• Emergency
• Diplomatic
• Judicial and
• Military powers
Executive powers
• All the executive powers of the Union shall be vested in him.
• These powers should be exercised by him in accordance with the
Constitution of India.
• He appoints the Prime Minister and the Council of Ministers.
• He also appoints the judges of the Supreme Court and the High
Courts in the states, besides appointing the Attorney General and
Comptroller and auditor General of India.
• He/she appoints the Governors of States, the Attorney General of
India, the Comptroller and Auditor General of India, the Chief
Election Commissioner and other Election Commissioners, the
Chairman and Members of the Union Public Service Commission,
the Chairman and Members of the Finance Commission, and so on
Legislative powers
• Article 79: The President is part of Parliament along with the Lok Sabha and
Rajya Sabha.
• Article 85: The President may from time to time Summons, or dissolves the
House of the People.
• Article 86: The President may address both Houses of Parliament and can send
messages in its first session every year
• Article 111: A President shall either give assent to bills, which then become law,
or withholds assent or returns the bill for reconsideration.
• Article 123: Promulgates ordinances when Parliament is not in session, having
the same force and effect as laws passed by Parliament.
• He can nominate 12 members to the Rajya Sabha. These members must have
extra ordinary accomplishments in the fields of science, art, literature and social
service.
• He can also nominate 2 members to the Lok Sabha from the Anglo-Indian
Community.
• He recommends/ permits the introduction of certain types of bills
Emergency powers
• He can declare national, state and financial
emergency.
• National emergency can be declared on the grounds
of war, external aggression or armed rebellion in the
country.
• This can be done on the written request of the
Cabinet Ministers after the proclamation has been
approved by the Parliament.
• State emergency can be imposed in a state if it fails to
run constitutionally.
• Financial emergency can be proclaimed if there is a
likelihood of the financial instability in the country.
Financial powers
• To introduce the money bill, his prior recommendation is a must
• He causes Union Budget to be laid before the Parliament
• Contingency Fund of India is under his control
• He constitutes the Finance Commission every five years.
Judicial Powers
• Under Article 143 of the COI the President have the power to seek the advice Supreme Court on:
• Legal matters
• Constitutional matters
• Matter of Public importance
Diplomatic, Military and Judicial
powers
• He appoints ambassadors and high commissioners to
other countries.
• All international treaties are signed on his behalf.
• Under Military powers, he can declare war and
conclude peace.
• He appoints Chief of Army, Navy and Air Force.
• He can dismiss judges if two-third majority of the
members present of the two Houses of the
Parliament pass the resolution to that effect.
Ordinance Making Power of the President
• Article 123 deals with the ordinance making power of the President.
The President has many legislative powers and this power is one of
them. He promulgates an ordinance on the recommendation of the
union cabinet.
Salary
• The salary and allowances of the President are fixed by the Parliament
of India.
• The current salary of the President is Rs 150000 per month.
Governor
• Article 153: Governors of states
Article 154: Executive power of state
Article 155: Appointment of Governor
Article 156: Term of office of Governor
Article 157: Qualifications for appointment as Governor
Article 158: Conditions of Governor’s office
Article 159: Oath or affirmation by the Governor
Article 160: Discharge of the functions of the Governor in certain contingencies
Article 161: Power of the Governor to grant pardons and others
Article 162: Extent of executive power of state
Article 163: Council of ministers to aid and advise the Governor
ARTICLE 153: GOVERNORS OF STATES
• There shall be a Governor for each State:
same person may be appointed as Governor for two or more States (inserted 7 th Amendment )
ARTICLE 154: EXECUTIVE POWER OF STATE
• The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers
subordinate to him in accordance with this Constitution.
• transfer to the Governor any functions conferred by any existing law on any other authority;
• prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
ARTICLE 155: APPOINTMENT OF GOVERNOR
• The Governor of a State shall be appointed by the President by warrant under his hand and seal.
ARTICLE 156: TERM OF OFFICE OF GOVERNOR
• The Governor shall hold office at the pleasure of the President.
• The Governor may, by writing under his hand addressed to the President, resign his office.
• Governor shall hold office for a term of five years from the date on which he enters upon his office:
• on expiration of his term, continue to hold office until his successor enters upon his office.
ARTICLE 157: QUALIFICATIONS FOR APPOINTMENT AS GOVERNOR
he is a citizen of India and has completed the age of thirty-five years.
ARTICLE 158: CONDITIONS OF GOVERNOR’S OFFICE
• The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State. If he is a member
then vacated his seat in that House on the date on which he enters upon his office as Governor.
• The Governor shall not hold any other office of profit.
• The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such
emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made,
such emoluments, allowances and privileges as are specified in the Second Schedule.
• The emoluments and allowances of the Governor shall not be diminished during his term of office.
ARTICLE 159: OATH OR AFFIRMATION BY THE GOVERNOR
Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court
exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court.
ARTICLE 160: DISCHARGE OF THE FUNCTIONS OF THE GOVERNOR IN CERTAIN CONTINGENCIES
The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any
contingency not provided for in this Chapter.

ARTICLE 161: POWER OF GOVERNOR TO GRANT PARDONS, ETC., AND TO SUSPEND, REMIT OR COMMUTE
SENTENCES IN CERTAIN CASES
The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit
or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power
of the State extends.

ARTICLE 162: EXTENT OF EXECUTIVE POWER OF STATE

Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the
Legislature of the State has power to make laws:
Executive Powers of the Governor
• All executive actions are taken in name of the governor
• He appoints the following : Chief Minister and other ministers, Advocate General, State Election Commissioner, Chairman and members of the
State public service commission
• he can seek any information for administration and legislative purposes
• He can recommend the president about imposing emergency in the state
• He also act as chancellor of all universities in the state.
• Legislative Powers of the Governor
legislative powers :
• He can summon the state legislative assembly and also he can dissolve the state assembly.
• He commences first session of assembly after elections and first session after of each year.
• He can appoint any member to takeover the assembly proceedings in absence of both speaker and deputy speaker.
• He can nominate 1 person from the Anglo-Indian community to the state assembly.
• If a bill is presented for assent of governor he may: give his assent, withhold the bill, return the bill (if not a money bill), Reserve the bill for
consideration of the president
• He may also promulgate ordinance if the assembly is not in session(subject to the condition that the ordinance must be approved by the state
legislature with 6 weeks from re assembly)
Financial Power of the Governor
• He overlooks that that annual financial statement is presented before the assembly.
• Money bills ca only be presented after his prior permission.
• No demand on grant can be made except for his recommendation
• He can make use of the contingency fund for the state, to meet any unforeseen circumstance.
• He constitutes finance commission (every 5 years) to review the financial conditions for panchayat and
municipalities.
Judicial Power of the Governor
• He can grant pardon, reprives, respites and re-mission of punishments, also he can commute the sentence of
any convicted person, against any law related to the state.
• President consults the governor while appointing the judges of the high court.
• He makes appointment, posting and promotions of the district judges.
• He appoints people to the judicial services with consultation of the high court and the state public service
commission
Ordinance making powers of the Governor
• Governor can promulgate ordinance if the assembly is not in session.
• He can promulgate ordinance if he is satisfied with the circumstances.
• He can issue ordinance only on matters relating to the subjects on which state can make law.
• Ordinance has same executional effect as of the law passed by the state legislature.
• He can withdraw ordinance at any time.
• He can issue an ordinance on advise of council of minister, ordinance making power in not discretionary.
• Ordinance should be passed by the state legislature within 6 weeks of its re-assembly.
Pardoning Power of the Governor
• He can pardon, reprieve, respite, remit, suspend and commute punishment sentence.
• He can not pardon the death sentence, even if the state suggests for death sentence.
• Like president he does not posses any power in case of a sentence issued by the military court....
 THE PARLIAMENT
• Article 79 to 122 in Part V of the Constitution deal with the organization, composition, duration, officers,
procedures, privileges, powers and so on of the Parliament.
• Article 79 the Parliament of India consists of three parts: the PRESIDENT OF INDIA, the Council of States and the
House of the People.
• President, although integral part of parliament but not a member of either house of parliament. The President does
not sit in parliament.
• In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of States and the House of
People respectively.
• The Lok Sabha is the Lower House (First Chamber/Popular House), Represents the People of India as a whole.
• The Rajya Sabha is the Upper House (Second Chamber/House of Elders), Represents the States and UTs of the
Indian Union.
552(maximum number 552)-2(anglo Indians ) =550
Qualification for Membership of Parliament:

• In order to be chosen a member of Parliament, a person must be a citizen of India and not less than 30 years
of age in the case of Rajya Sabha and not less than 25 years of age in the case of Lok Sabha. Additional
qualifications may be prescribed by Parliament by law.
• The President shall summon each house to meet at such time and such place as he thinks fit. But there
should not be any gap of more than 6 months from the last sitting.
• The president may address either house or both houses assembled together.
• Special address by the President at the commencement of the first session after each general election and
at the commencement of the first session of each year.
• Article 88; every minister and the attorney general of india shall have the right to speak in or take part in
the proceedings of either house or joint sitting of the house but no right to vote.
DISQUALIFICATION O N T H E G R O U N D O F DEFECTION

• Article 102 provide that every person shall be disqualified for being chosen as, and for being, a member of either of the
house of parliament - the grounds on which a legislator can be disqualified as a member of the Parliament.
• If he/she holds any office of profit under the Government of India or any of the states;
• If he/she is declared of unsound mind by a Court;
• If he/she is an undischarged insolvent;
• If he/she is not a citizen of India anymore;
• If he/she is disqualified by virtue of any law passed by the parliament of India.
• Clause 2
• A person shall be disqualified for being a member of either of the Houses of Parliament if he is so disqualified under the
tenth schedule [article 102[2]] - ANTI-DEFECTION LAW.
• The need for an anti-defection law was felt in India when in 1967, one legislator from Haryana, Gaya Lal, changed his
party thrice in a single day . Also, the General Elections of 1967 saw a great number of defections around 150 MPs flitted
their political parties. - 52nd Constitutional Amendment Act, 1985 - disqualified on the ground of Defection.
• The practice of legislators from changing political parties during their term continues in Indian legislatures despite the X
Schedule having been inserted into the Constitution in 1985. Recent Political crisis - MH, KA - blaring examples of what
the X Schedule can and cannot do.
ANTI-DEFECTION LAW
• The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one party for
another.
• The Tenth Schedule - popularly known as the Anti-Defection Act - was included in the Constitution via
the 52nd Amendment Act, 1985.
• However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting
the penalty for defection.
• As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was
considered a 'merger'.
• But the 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the
members of a party must be in Favour of a "merger" for it to have validity in the eyes of the law.
Grounds
• If an elected member voluntarily gives up his membership of a political party.
• If he votes or abstains from voting in such House contrary to any direction issued by his political party
• If any independently elected member joins any political party.
• If any nominated member joins any political party after the expiry of six months.
Functions of Parliament in India
• Legislative Roles, Powers and Functions of Parliament
• Executive Roles, Powers and Functions of Parliament
• Financial Roles, Powers and Functions of Parliament
• Constituent Roles, Powers and Functions of Parliament
• Judicial Roles, Powers and Functions of Parliament
• Electoral Roles, Powers and Functions of Parliament
• Other Roles, Powers and Functions of Parliament
• Vice President:
• The Vice President is the second highest constitutional office in India. He/She serves for a five-year term, but
can continue to be in office. Irrespective of the expiry of the term, until the successor assumes office.
• The Vice President may resign his office by submitting his resignation to the President of India. The
resignation becomes effective from the day it is accepted.
• The Vice President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by
a majority of its members at that time and agreed to by the House of the People (Lok Sabha). A resolution for this
purpose may be moved only after a notice of at least a minimum of 14 days has been given of such an intention.
• Eligibility:
• Should be a citizen of India.
• Should have completed 35 years of age.
• Should be qualified for election as a member of the Rajya Sabha.
• Should not hold any office of profit under the Union government or any state government or any local authority or
any other public authority.
• Electoral College:
• As per Article 66 of the Constitution of India, the Vice-President is elected by the members of the Electoral
College.
• Electoral College consists of:
• Elected members of Rajya Sabha.
• Nominated members of Rajya Sabha.
• Elected members of Lok Sabha.
Chairperson of Rajya Sabha

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

• The Vice-President as Chairman of the Rajya Sabha is the unchallenged guardian of the eminence and dignity of
the House.
• Constitutional Provisions:
• Article 64: The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other
office of profit.
• Article 89 of the Constitution provides provision for the Chairman (Vice-President of India) and the Deputy
Chairman of the Rajya Sabha.
• Power and Functions:
• The Chairman of the Rajya Sabha is empowered to adjourn the House or to suspend its sitting in the event of the
absence of quorum.
• The 10th Schedule of the Constitution empowers the Chairman to determines the question as to disqualification of a
member of the Rajya Sabha on the ground of defection;
• The Chairman's consent is needed to raise a question of breach of privilege in the House.
• Parliamentary Committees, regardless of whether set up by the Chairman or by the House, work under the direction of
the Chairman.
• He nominates members to different Standing Committees and the Department-related Parliamentary Committees.
He is the Chairman of the Business Advisory Committee, the Rules Committee and the General Purposes Committee.
• It is the duty of the Chairman to interpret the Constitution and rules so far as matters in or relating to the House
are concerned, and no one can enter into any argument or controversy with the Chairman over such interpretation.
ORDINARY BILL

• ORDINARY BILL (ARTS. 107 & 108) -

• Any Bill, which is not a Money Bill, Financial Bill or Constitutional Amendment Bill - Ordinary Bill.
PROCEDURE for PASSING an ORDINARY BILL -
• can be introduced in ANY house. (A. 107)
• Passed in one house by SIMPLE MAJORITY, and then sent to another house. [if any blockade - joint
session...] - (A. 108 - Joint Sitting of Both Houses)
• After it is passed in both the Houses - sent to President for ASSENT.
NOW, President has 3 options -
• Give ASSENT (Bill ---> Act)
• Return the Bill for RECONSIDERATION with RECOMMENDATIONS.
• Hold the Bill for any amount of time. (Pocket VETO/ Absolute Veto).
MONEY BILL

• Any Bill which contains one or more matters given in Art. 110 only is called a MONEY BILL. Procedure for the
passing of Money Bill
• ONLY to be introduced in Lok Sabha, with PRIOR RECOMMENDATION of the President. passed by SIMPLE
MAJORITY in Lok Sabha, then sent to Rajya Sabha.
• Rajya Sabha can ONLY give RECOMMENDATION to the bill which Lok Sabha can ACCEPT or REJECT.
• Rajya Sabha CAN NOT hold the bill for more than 14 days.
• The President then has to pass the Bill, and cannot send it back to Parliament for Amendment. (Coz the Bill is
introduced with the recommendations of the President ...)

• ARTICLE 110 - a bill considered as MB, if it relates to all or any of matters –

• any tax - imposition, abolition, remission, alteration or regulation
• Borrowing of money or guarantee by the government of India or amendment of the law with respect to any
financial obligations
• custody of the consolidated fund [A. 266] or the contingency fund [A. 267] of India. appropriation of moneys out
of the consolidated fund of India
• receipt of money - Consolidated Fund or the custody or issue of such money or the audit of the accounts of the
Union or of a State; or
• Any matter incidental to any of the above matters.
FINANCIAL BILL [ART. 117 (1) , (3)]

• Any Bill which contains one or more matters given in Art. 110 AND also some other non monetary matter.
• Procedure for passing Financial Bill - It can be introduced in Lok Sabha.
• After that, the whole process is the same as the Ordinary Bill. [ passed in one house by SIMPLE MAJORITY, and
then sent to another house. [if any blockade - joint session...]
• After it is passed in both the Houses - sent to President for ASSENT.
NOW, President has 3 options -
• Give ASSENT (Bill ---> Act)
• Return the Bill for RECONSIDERATION with RECOMMENDATIONS. Hold the Bill for any amount of time.
(Pocket VETO/ Absolute Veto). ]
• Introduction of the Bill happens in Lok Sabha - with the Recommendation of the President ...
•Financial bills are those bills that deal with fiscal matters, that is, revenue or expenditure.
•money bills - species of financial bills.
•Hence, all money bills are financial bills, but all financial bills are not money bills.
Prime Minister
• The Prime Minister plays an important role in the administration of the country.
• Article 74(1) says that there shall be a Council of Ministers and the Prime Minister shall be their Head. The Prime
Minister shall aid and advice the President and the President shall act according to such advice.
• Article 75(1) says that the President shall appoint the Prime Minister and all other Ministers shall also be appointed by
the President but on the advice of the Minister.
• According to Clause (1A) of Article75 the total number of Ministers including the Prime Minister shall not exceed
15% of the total number of members of the House of People. (91st Amendment Act, 2003)
• S.P. Anand vs. H.D. Deve Gowda. The appointment of Mr. Deve Gowda as the Prime Minister was challenged by the
Petitioner on the ground that he was not a member of either House of the Parliament during his appointment. It was held
that a person can be appointed as a Minister for a period of 6 months even if he is not a member of either House of the
Parliament.
• Article 75(5) says that a Minister who is not a member of either House of the Parliament for 6 months shall cease to be a
Minister on expiration of such term.
Prime Minister
qualifications of the Prime Minister
• He should a citizen of India
• He must be the member of either Houses of the Parliament.
• If he is the member of the Lok Sabha he should have completed 25years of age. If he is the member of Rajya
Sabha he should have completed 30years of age.
Disqualifications
• If he holds any office of profit under the Central or State Government other than an office which does not
disqualify its holder as declared by the Parliament.
• If a competent Court has declared him as a person with unsound mind.
• If he is an undischarged insolvent
• If he is not a citizen of India or has acquired the citizenship of any foreign State.
Prime Minister
• The functions of the Prime Minister are:
• To communicate to the President the decisions of the Council of Ministers regarding the administration of affairs of the
Union and proposals for legislation.
• To provide information regarding the administration of the Union and proposals for legislation when asked by the President
• To submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but
not considered by the Council, if the President requires.
other important functions
 Formation of the Ministry
 Distribution of Portfolios
 Chairman of the Cabinet Committee
 Chief Co-ordinator of Policies
 Advisor of the President
 Leader of the Nation
Cabinet consists of important senior ministers who hold Council of Ministers consists of Ministers of State, Deputy
charge of separate Departments Ministers and Cabinet Ministers
Cabinet is a smaller body. Council of Ministers is a larger body
The Cabinet meets frequently as a body to carry out Council of Ministers does not meet as a body frequently to
Government functions transact Government functions.
• The Ministers of Cabinet Rank – Such Ministers are the Heads of their Departments. However, all the
Cabinet Ministers are not the members of the Cabinet. When they are invited by the Prime Minister to attend
meetings regarding their Departments, they do so
• Ministers of state
• They can be of 2 types
• Holding individual charge: he does not come under any cabinet minister. When matters related to his
department arises he can attend cabinet meetings
• Not having individual charge: he works under a cabinet minister and does the duty given to him be the
cabinet minister.
• The Deputy Ministers – Such Ministers don’t have any separate charge of a Department. They assist the
Ministers with whom their administrative duties are attached
Collective Responsibility
• Article 75 of the Constitution of India says that the Council of Ministers is collectively responsible to the Lok
Sabha.
• This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and
commission.
• When the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers have to
resign including those ministers who are from the Rajya Sabha.
• The principle of collective responsibility also means that the Cabinet decisions bind all cabinet ministers (and
other ministers) even if they differed in the cabinet meeting.
• It is the duty of every minister to stand by cabinet decisions and support them both within and outside the
Parliament.
• If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign.
• Several ministers have resigned in the past owing to their differences with the cabinet.
• For example, Dr. B.R. Ambedkar resigned because of his differences with his colleagues on the Hindu Code Bill in
1953.
• Individual Responsibility
• The Ministers also have individual responsibility regarding the working of their Department in the Parliament. The
Minister is answerable for every act of his Department. If a Minister has taken a decision by himself, the Cabinet
doesn’t support him. In such a case he has to resign because he is solely responsible.
Chief Minister
• Appointment:

• Article 164 of the Constitution envisages that the Chief Minister shall be appointed by the Governor.

• A leader of the party that has got the majority share of votes in the assembly elections, is appointed as the
Chief Minister of the state.
• The Governor is the nominal executive authority, but real executive authority rests with the Chief
Minister.
• However, the discretionary powers enjoyed by the governor reduces to some extent the power,
authority, influence, prestige and role of the Chief Minister in the state administration.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six
months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief
Minister.
• Term of the CM:
• The term of the Chief Minister is not fixed and he holds office during the pleasure of the governor.

• He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative
assembly.
• The State Legislative Assembly can also remove him by passing a vote of no-confidence against him.
• Powers and Functions:

• With Respect to Council of Ministers:

• The governor appoints only those persons as ministers who are recommended by the Chief Minister.
• He allocates and reshuffles the portfolios among ministers.
• He can bring about the collapse of the council of ministers by resigning from office, since the Chief Minister is the head of the council of
ministers.
• With Respect to Governor:

• Under Article 167 of the Constitution, the Chief Minister acts as a link between the Governor and state council of ministers.
• CM advises the Governor regarding the appointment of important officials like advocate general, chairman and members of the State
Public Service Commission, State Election Commission, etc.
• With Respect to State Legislature:

• All the policies are announced by him on the floor of the house.
• He recommends dissolution of legislative assembly to the Governor.
• Other Functions:

• He is the chairman of the State Planning Board.

• He is a member of the Inter-State Council.
• He is the crisis manager-in-chief at the political level during emergencies.
• As a leader of the state, he meets various sections of the people and receives memoranda from them regarding their problems, and so on.
• He is the political head of the services.