Indian government central government

The Central Government-Organisation and Working

Indian Government

• India is a largest country which is divided into number of states.

• The constitution of India provides for government in two levels they are:

The state government The central (union) government

• Constitution separates the government into three branches.

The Three branches of the governmentExecutive BranchWhich implements

the laws

Judicial BranchWhich interprets laws

and applies the laws, and administers justice

Legislative Branch

Which makes laws

PARLIAMENT OF INDIA

The Parliament of India is the supreme legislative body in India. The Parliament comprises the President of India and the two Houses—Lok Sabha (House of the People) and Rajya Sabha (Council of States). The Lok Sabha Consists of members who are directly elected representatives of the people, while the Rajya Sabha is composed mainly of representatives of the states, Legislative Assemblies.

LOK SABHA

The Lok Sabha or House of the People is the lower house of the Parliament of India. The members of lok Sabha are directly elected by the people. The Lok Sabha meets in the Lok Sabha Chambers, Sansad Bhavan, Sansad Marg, New Delhi.

• The lok Sabha is the centre of political activity in India because it is a chamber consisting of members elected by Indian citizens, on the basis of universal adult franchise.

• Universal Adult Franchise means that all Indian Citizens above the age of 18 have the right to elect their representatives.

• Popular opinion is reflected in, and expressed by, the members of the Lok Sabha.

Central Government

Lok Sabha Rajya Sabha

Prime Minister and Council of MinistersCivil Service

• When the Constitution was framed, it was laid down that the Lok Sabha cannot consist of more than 500 members, the number being based on Population figures.

• The strength of Lok Sabha was increased, with the rise in population of the country.

• The present strength of the Lok Sabha is 545 members.

• They include Anglo-Indian members nominated by the President to represent the community.

LOK SABHA

DURATION OF LOK SABHA

A five year term has been fixed for the Lok Sabha, Unless it is dissolved earlier by the President on the advice of the Prime Minister.

Qualification for the Lok Sabha Members• To be a member of Lok Sabha, a person must be an Indian citizen, must be mentally sound and must have completed 25 year old of Age.

• A candidate may stand for election from any part of the country

• No person can be a member of both houses of a Parliament or of the Parliament and the state legislature at the same time.

• No member of Parliament can hold a office of profit under the state and central governments or local authority.

The Speaker of Lok Sabha• The presiding officer of the Lok Sabha is called as the speaker.

• The Lok Sabha elects it’s Speaker and it’s deputy speaker from amongst it’s members.

• They are both removable by a resolution passed by a majority of the members.

• The speaker is expected to be utterly impartial, regardless of his or her party affiliations in conducting the business of the house.

• He or She enforces discipline, protects the rights and privileges of the member and also the dignity of the house.

The Rajya Sabha or Council of States is the upper house of the Parliament of India. Membership is limited to 250 members, 12 of whom are nominated by the President of India for their contributions to art, literature, science, and social services.

Rajya Sabha• The representatives of the states are

elected by elected members of the State Legislative Assemblies.

• Uttar Pradesh has the highest number of representatives,31

• States like Goa, Nagaland, Arunachal Pradesh have one representative

Term of Rajya Sabha Members

• The Rajya Sabha is a permanent house and is not subject to dissolution.

• One-third of the members of Rajya Sabha retire after every two years in accordance with the provisions made by the Parliament by law.

• Thus, the members of the Rajya Sabha are elected for a term of six years.

• This arrangement ensures continuity as well as representation of the changing public opinion.

Advantages

• Politically, it remains more stable than the Lok Sabha.

• After every election is a new house.• A periodic influx of fresh talent occurs.

Qualifications for Rajya Sabha Members

A person seeking membership of Rajya Sabha must possess the following qualifications:

He must be a citizen of India. He must not be less than 30 years of age. He must be Parliamentary elector in the state from

which he is seeking election. He must make and subscribe before some person authorized

in that behalf by the Election Commission an oath or affirmation asserting his allegiance to the constitution of India

He must possess such other qualifications as may be prescribed by the Parliament for that purpose from time to time.

Powers of the Rajya Sabha• The legislative powers of the Rajya Sabha are coordinated with the Lok Sabha, except financial bills.

• Other bills can be introduced in either house but need to be passed by both houses.

• But the Lok Sabha is more powerful than the Rajya Sabha because it is the popularly elected house.

The functioning of Parliament• Both houses of Parliament make their own rules of procedures for the proper functioning of business.

• Some rules are constitutional• Every member has to take an oath before assuming their seat.

• For transacting the business on the agenda, a quorum or minimum attendance is required

The Question Hour• The first hour of each sitting of Parliament is called the Question Hour.

• When the speaker admits a question, it has to be answered by the minister concerned

• This is to draw the attention of the people.• Generally the questions have to be sent a week in advance.

• Under special conditions they can ask questions at short notice.

• After this the rest of the agenda like the introduction of bills and discussions on them is dealt with

Legislation or the making of laws

The main function of Parliament is legislation, which means the making of laws.

The Introduction of the Bill• Lawmaking involves several steps. • First, a bill is introduced in the Parliament. • Second the bill is passed by the Parliament. • Third, the bill, after getting passed by the Parliament is sent to the

President for his assent. • When the bill is adopted in the Parliament, it be an Act.• When an Act gets the assent of the Parliament, it becomes the law of the

land.• A Bill is a technical name given to the draft of the proposal which is

moved in Parliament. • Non-Money Bills can be introduced either in the Lok Sabha or in the Rajya

Sabha. • But the Money Bills can be introduced only in the Lok Sabha.• A Money Bill, before it is introduced in the Lower House, has to receive

the approval of the President

The Reading of the Bill• Every bill goes through three stages of reading in each houses.

STAGES

THIRD READINGSECOND READINGFIRST READING

The aims and purposes of the bill are discussed.If these find favour with the house the bill goes to the next stage.

It is more of a formality.Once adopted by one house it goes to the other house for a similar procedure

Here, it is discussed clause by clause and amendments are moved, voted and debated upon.

Seeking the President’s Approval• After the bill is approved by both houses of

Parliament, it is sent to the President for approval• If the president agrees with the bill, he or she signs it

and the bill becomes a law or an act.• It is called the President’s assent.• If not he or she sends it back for changes to the house.• The bill then goes to the president for approval again.• This time the president has to pass it.• If one of the houses rejects a bill, the president calls

for a joint session of both houses.• In this session the bill is accepted or rejected by a

simple majority of votes.

Procedure Regarding the Budget

BUDGET• It is the balance sheet of a country which shows its income and expenditure for the current year.

• It is also the statement of the estimated income and expenditure for the following year.

Presenting the Budget• The budget is presented to the Parliament by the Finance Minister on the last working day of February every year.

• Copies of the budget are then circulated among the members of Parliament for discussion.

• Every item of the budget is discussed in the Lok Sabha.

• Each minister then presents an estimated expenditure for his or her own ministry.

• Then the members raise objections and demand cuts in expenditure.

• This is called a token out.• The minister has then to justify their

demands and satisfy the member’s questions before the token out is removed and the grant is sanctioned.

Presenting the Budget

Presenting the Budget• The proposal of new taxes for the coming year is also discussed.

• After this the budget is sent to the Rajya Sabha which has no powers to amend or reject it.

• It can only discuss the budget and suggest changes.

Presenting the Budget• Great care is exercised in financial matters

because finance is of vital importance to a country’s economy.

• Two special committees are set up to ensure that public money is spent properly.

Presenting the Budget

These two committees ensure that public funds are spent in a manner which brings the greatest good to the greatest number of people.

SPECIAL COMMITTEES

ESTIMATES COMMITTEEPUBLIC ACCOUNTS COMMITTEE

It consists of members from both houses but with a majority from the Lok Sabha

It consists of members only from the Lok Sabha.

The Executive• The union executive carries out or ensures

the laws made by Parliament.• It handles most of the day to day work of the

country.• It consists of

The PresidentThe Vice – PresidentThe Council of Ministers headed by the Prime

Minister

The President• The President is not the real head of the

executive• The president is only the nominal head

of the state.• But the President holds the most

exalted office in the country• The President is in a position of great

authority and dignity

Qualifications of the President

To become the president of India, a person has to fulfill the following conditions:

He or she must be an Indian citizen of age 35 years and over.

He or she must be qualified to be a member of the Lok Sabha.

He or she cannot hold an office of profit under the union or state governments or any local body

Election of the President• The president is elected for a term of five

years by an electoral college.• The electoral college consists of members of

both houses of Parliament and the members of the Legislative Assemblies.

• The members cast their votes by secret ballot • Secret ballot is a process by which a voter’s

choice is kept secret from others.

Powers of the President

• The President has a wide range of powers.POWERS OF THE

PRESIDENT

EMERGENCY POWERS

LEGISLATIVE POWERS

EXECUTIVE POWERS

Powers of the PresidentExecutive Powers

• The President is the supreme commander of the armed forces, although its exercise is governed by law.

• The President makes senior appointments.The Prime Minister and Other ministersThe Chief Justice and judges of the Supreme Court and

High CourtsThe Chairman and members of the Union Public Service

CommissionAmbassadors and Diplomatic representativesThe Auditor – GeneralThe Attorney – GeneralAnd other such positions

Powers of the PresidentExecutive Powers

• The President also has the powers to pardon an offender and reduce or annul a court sentence

• The Prime Minister has to keep him or her informed of all decisions of the Council of Ministers.

Powers of the PresidentLegislative Powers

• The President is an integral part of the legislative process

• His or her assent is required for the passing of a law

• The president is not a member of Parliament but enjoys numerous powers


The Legislative powers of the President are as follows:

He or she has a right to address either house or both houses assembled together during joint session

He or she may summon and prorogue the two houses and can dissolve the Lok Sabha, though this can be done on the advice of the Council of Ministers


The Legislative powers of the President are as follows:

When a bill is sent to the President for assent, he or she is allowed to withhold it or return the bill to Parliament for consideration.

Certain bills such as those for the formation of new states can be introduced only with the President’s permission


The Legislative powers of the President are as follows:The President nominates 12 members to the Rajya

Sabha and two members of the Anglo – Indian community to the Lok Sabha.

During the recess of Parliament, the President can issue ordinances, which have the same power as an act

The ordinance must be presented in Parliament within six weeks of its reassembling

If both houses do not pass it, the ordinance is withdrawn.

Powers of the PresidentEmergency Powers

The President can declare an emergency if:A war or internal aggression threatens the security of

the countryThere is a break down of constitutional machinery in

any stateFinancial instability threatens the country

In all his or her work, the President is aided by the advice of the Prime Minister, the Council of Ministers, Parliament and senior Government Officials.

VICE PRESIDENTThe vice president takes the place of the

president when the office of the president falls vacant temporarily on account of any of the following:If the president is unwellIf the president has resignedIf the president is away from the countryIf the president dies and a new president is

yet to be elected

VICE PRESIDENT

The vice president is elected by the members of both houses of Parliament.

He or she must be an Indian citizenHe or she should have completed 35

years of age The vice president holds office for a

period of five years The Vice President is the

chairperson of the Rajya Sabha

The Prime Minister• The prime minister is the key person

both in the executive and the legislature

• He or she is the head of the executive• He or she has a position of great power

and importance• The Prime minister’s position is the

most important position in the country

The Prime Minister

• The Lok Sabha is freshly elected for every five years

• It consists of members belonging to different political parties

• The leader of the majority party in the Lok Sabha is called by the President to become the Prime Minister and form the Council of Ministers.

The Prime Minister

• The Prime Minister has the exclusive right to select the team of Ministers that will form the Council of Ministers

• The list of ministers is submitted to the President who approves it.

• All ministers must be members of either house of Parliament

• If an outsider is appointed as minister, he or she should be elected to either house of Parliament within six months of the appointment

The Prime Minister

• The prime minister has a pivotal role• The Council of Ministers, with the

prime minister at the head, is collectively responsible to the Lok Sabha

• The council’s advice to the president is conveyed only by the prime minister

• The prime minister is the link between the ministry and president, on one hand, and the ministry and Parliament, on the other.

The Council of Ministers• The Council of Ministers is the most powerful

organ of the union executive• It is headed by the Prime Minister and

includes:Ministers with Cabinet rank ( the Senior

Ministers)Ministers of state Deputy Ministers

The Council of Ministers

• The ministers are appointed by the President on the advice of the Prime Minister

• Each minister is allotted one or more departments, like finance, railways, defence, health, communication, etc.

• This is called allotment of portfolios.• The prime minister decides what portfolio should be

given to which minister• The Council is collectively responsible to Parliament • They can continue to hold office as long as they enjoy

the confidence of Parliament

Function of the Council

• The Council of Ministers formulate concrete proposals for legislation

• Together with the Prime Minister, the Council aids and advices the President in his or her functions

• Within the Council the senior ministers with cabinet rank form the Cabinet

• The Cabinet is the nucleus of the Council.

Important powers of the Council

It concerns aboutThe impeachment of the PresidentRemoval of the vice PresidentRemoval of a judge of the Supreme Court or

the High CourtsAmendments of the Constitution The empowering parliament to create an all

– India service

The Judiciary• The judiciary is the third branch of

government• Its functions are:

To interpret and explain the laws made by the legislature

To punish those who violate lawTo protect the rights of the citizens

The Supreme Court

• The Supreme Court is the highest court of the judiciary in India

• The high Courts form a part• The responsibility for the interpretation of

the law lies with the Supreme Court whose judgments are binding

The Supreme CourtComposition and Structure

• It has one chief justice and upto 17 judges• The judges are appointed by the President of India on the advice of the Council of Ministers and in consultation with the chief justice of India

• The president appoints the chief justice on the advice of the Council of Ministers.

Qualification of the Supreme Court Judge

• He or she must be an Indian citizen• He or she has either been a judge in a High

Court for at least five years• Or he or she has served as an advocate in a

High Court for at least 10 years• Or he or she is a distinguished jurist in the

opinion of the president.

The Supreme CourtComposition and Structure

• The chief justice and judges of the Supreme Court serve until they complete 65 years of age.

• They cannot be terminated by the president• A supreme Court judge can only be removed on

grounds of proven misbehaviour, misuse of power and incapacity

• Even then, two-thirds majority voting in both houses of Parliament is required for a Supreme Court judge to be impeached

The Supreme CourtJurisdiction

The Supreme Court has three kinds of jurisdiction. They are

OriginalAppellateAdvisory


• Original jurisdiction means hearing and deciding on the disputes between states or between states and the union government.

• It includes cases brought to the court by ordinary people regarding issues of importance to society at large

• Under special circumstances the supreme court deals with cases already disposed of by a High Court

• This is called the appellate jurisdiction• Advisory jurisdiction means to advise the President, or interpret

laws for him or her. • A bill passed by Parliament or a state legislature may be

referred to the Supreme Court by the President before signing


• The law decision of the Supreme Court is final and binding on all courts in India.

• It is the most authoritative guide on the interpretation of laws.

• It helps to secure uniform judicial practice throughout the country

• The only exception to this all embracing power is any law relating to the armed forces

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