Disclaimer:- All the Information provided in this post
are prepared & compiled by A. Praveen Kumar, SPM, Papannapet SO-502303,
Telangana State for in good faith of Postal Assistant Exam
Aspirants. Author of blog does not accepts any responsibility in relation to
the accuracy, completeness, usefulness or otherwise, of contents.
PREAMBLE OF INDIAN
CONSTITUITION
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“
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WE, THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and
to secure to all its citizens:
(NOTE: the original 1950 constitution stated "SOVEREIGN
DEMOCRATIC REPUBLIC" and the words "SOCIALIST SECULAR" were
added via the 42nd amendment during the Emergency in 1976)
JUSTICE, social, economic and political;
LIBERTY, of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;and to promote
among them all
FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;
(NOTE: the original 1950 constitution stated "unity of
the Nation" and the words "and integrity" were added via the
42nd amendment during the Emergency in 1976)
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,
1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Indian Constituition- written Constitution
UK & Newzealand - Unwritten Constitution
Making of Indian
Constitution:
Adopted by
constituent assembly- 26th Nov. 1949
Came into force -
26th Jan, 1950 (As desired by Mahatma Gandhi)
Constituent Assembly
set up under - Cabinet Mission(1946)
Body: Members- 385,
Elected-292, Nominated-93
After separation in
16,1947 of Muslim League = Members remain=299, Elected-229 & Nominated=70
First Meeting of
Constituent Assembly - 9th Dec 1946
President-
Sachidanand Sinha
First session of
constituent assembly- 13th Dec 1946
Dr Rajendra Prasad
elected president on 11th Dec 1946
Formation of
Drafting Committee - 29th Aug,1947
Chairman of Drafting
Committee- Dr B.R.Ambedkar
Draft came open Feb
1948
Last session 24th
Jan,1950
First Elected
president- Dr Rajendra Prasad
Objective Resolution
Adopted-22 Jan,1947 adviced by J.L.Nehru.
Different Sources of Indian Constitution
Following are the borrowed features of constitution from
different countries.
Followings are the schedules in Constitution of India
MODIFYING THE CONSTITUTION
Amendments to the Constitution
Allowed by Article 368 of the Constitution
Amendments can happen in three ways
Simple majority of Parliament
Special majority of Parliament
Special majority of Parliament and ratification by at least
half of the state legislatures by a special majority
Indian Constitution is the most frequently amended governing
document in the world
Supreme Court struck down two amendments for violation of
basic structure of Constitution
39th Amendment:
election of Executive beyond scrutiny of courts, 1975 (during Emergency)
Parts of 42nd Amendment:
reduced power of Supreme Court and High Courts to judge constitutionality of
laws, 1976 (during Emergency)
There have been a total of 94 amendments, as of 2009
Important of Amendments to the
Constitution
Union and its territory:-
Art 1 - India as a
union of states.
Art 3 - Empowerment
of parliament to form a new state
Citizenship Part-II
Non- Citizens do not
enjoy the following rights
Art-15
Art-16
Art-19 : freedom of
speech,expression,assembly;association,movement,residence and profession.
Art-29 & 30 :
Cultural and educational rights
Indian Citizenship
Act-1955
Art-11: power of
parliament to decide Citizenship.
Citizenship
(Amendment ) Act,1986
* provides
acquisition of citizenship in five ways
1. Birth
2. Descent
3. Registration
4. Naturalisation
5. Incorporation of
territory
|
Fundamental Rights- Part -III
* First time
adopted resolution on fundamental rights in Karachi session 1931 (Sardar Patel)
* Art (12-35),also art
300A,301 and 326.
* President enjoy the
power to suspend the enforcement of fundamental rights ( except Art 20 and 21)
during national emergency Art-359
* Fundamental rights
are not absolute rights.
Negative Worded-Art
14-16(2),18(1),20,22(1)
Positive worded- Art
16(2),19,25,29(1),30(1).
* Generally personal
rights preferred over the rights when any legislation is reviewed by the
courts.
Judicial Review and
the Fundamental rights -Art 13
Prasad vs Union of
India-1951
Sajjan Sing vs state
of Rajasthan -1965
Parliament Power to
amendment - Art 368
Golaknath vs state of
punjab (1967)- even parliament can't amend the FR
* 24th Amendment
Act,1967
Kapesavananda Bharti
vs State of Kerala,1973 opposed 24 th amendment
Rule of given-
A.V.Dicey
Rights to equality:
Art 14- Concept of
rule of law provides legal equality or equality before rule of law.
Exceptions of Rule of
law-President,Governor,Foreign diplomats,ambassadors etc.
Classification of
Fundamental rights: six groups
(1) Rights to equality
Art 14-18
(2) Rights to freedom
Art 19-22
(3) Right against
exploitation Art 23-24
(4) Right to freedom
of religion Art 25-28
(5) cultural &
educational rights Art 29-30
(6) Rights to
constitutional remedies Art 32-35
Art 14-Equality before
law and equal protection of law.
Art 15-Right against
discrimination on ground of religion,race,caste,sex and place of birth.
15(1)-within control
of state
15(2)- Prohibits both
state,private individual
15(3)-Power to the
state to specially protect women and children.
15(4)-special
protection to backward classes or SC,ST(1 st constitutional amendment act,1951)
Art 16-Equality of
opportunity in public employment under Art 16(1),16(2)
Art 16(2)- forbid
discrimination on the ground of residence.
Exception-6(3),16(4),16(5)
Art 16(3)-Exception of
16(2)
Art 16(4)- Exception
of 16(1) and 16(2)
Empowers to state to
make special provision for the reservation in two conditions-
(1) socially and
educationally backward
(2) said class do not
adequately represented in state service.
Art 16(4A)- Provides
for reservation of seats in promotion for SC and ST ,77 th amendment,1995
Art 16(4B)- carrying
over of unfilled vacancies reserved for SC/ ST to subsequent year 81st
amendment,Act 2000
Art 16(5)- exception
of Art 16(1) and 16(2):
Law which provides
that a person holding an office in connection with the affair of a religious or
denominational institution etc shall be a person professing the same religion
or belonging to a particular denomination shall not be treated to be repugnant
to this articles.
Art 17: Abolition of
untouchability.
Untouchability
(offences) Act,1955, Art-35
Untouchability
(offences) amendment act,1976
Name changed Civil
Rights (Protection) Act,1976
Art 15(2)- also helps
to eradication of untouchability.
Art 18 : Abolition of
titles
Exempted:
military,Academic distinctions.
Bharat Ratan,Padma
Vibhusan,Padam Bhusan,Padama Shree And other state awards.
Art 18(2): Prohibits a
citizen of India from accepting any tittles from a foreign state.
Art 18(3): A foreigner
holding any office of profit or trust under the state can't accept any title
from any foreign state without consent of the president.
Art 18(4): No person
holding any office of profit or trust under the state is to accept without
consent of president.
For Art 18- No penalty prescribed but parliament have power to make a law.
Right to Freedom:-
Art 19: Right to six
democratic freedoms
(1) freedom of speech
and expression-Art 19(1)(a)
(2) freedom of
assembly- Art 19(1)(b)
(3) freedom to form
association- Art 19(1)(c)
(4) freedom of
movement -19(1)(d)
(5) freedom of
residence and settlement -19(1)(e)
(6) freedom of
profession,occupation,trade and business-19(1)(g)
Art 33- Constitution
empowers the parliament to modify rights conferred by part III Application to
Armed forces and other forces engaged in maintenance of public order.
Art 20- protection in
respect of conviction for offences.
* As per 44th
Amendment this can't be suspended even in emergency under Art 359.
(1) Retro specific
criminal legislation or ex-post facto law-Art 20(1)
(2) Double
jeopardy-Art 20(2)
(3) Prohibition
against self-incrimination -Art 20(3)
Art 21: Protection of
life and personal liberty.
Maneka Gandhi vs Union
of India (1978)
Art 22: Protection
against arrest and detention
Exception
(1) Enemy alien
(2) Preventive
detention means detention without trial
Preventive detention
Act:
(1) Conservation of
foreign exchange and prevention smuggling activities act
(2) National Security
Act,1980
(3) Terrorist and
disruptive ( prevention) act,1990
Art (23-24)- right
against exploitation.
Art 23- prohibits
traffic in human beings & beggar and other similar forms of forced labour.
Art 24 - Prohibits
employment of children below the age of 14 years in any factory or mine or any
hazardous employments.
Art (25-28): Right
to freedom of religion
Art
25(1)- Guarantees to every person the freedom of conscience and the right to
profess, practice, and propagate religion.
Art
25 is a individual right while the right guaranteed by art 26 is the right of
an “organized body" like the religious denomination.
Art
26: subject to public order, morality and health, every religious denomination
or any section of it.
Art
27: freedom from taxes for promotion of any particular religion.
Art
28: Prohibition of religious instruction in state aided institutions.
Art (29-30):
cultural and educational rights
Art 29(1): guarantees
to every section of the citizens, residing in any part of India having a
distinct language
Art 30(1): All
minorities whether based on religion or language shall have right to establish
and administer educational institutions of their choice.
Art 30 (2): which
prohibits the state in granting aid to educational institutions, from
discriminating against any educational institutions on the ground that it is
under the management of minority.
A note on right to property and 44th amendment act 1978.
* Till 1978, the right to property formed a part of fundamental
right and as defined in Art 19(1)(f) and Art 31.
* Janta Goverment through 44th amendment act,1978 removed the
right to property from part-III and made it a constitutional right under
Art-300 A
Art 300-A: state that no person shall be deprived of his
property save except by authority of law.
Art 32: Right to constitutional Remedies.
* B.R. Ambedkar described Art 32 as the most important and an
article without which constitution would be nullity.
it is heart and soul of
the constitution
It is the right which
makes the supreme court the protector and guarantor of fundamental rights.
Art 32(2) : The supreme court is endowed with the power to issue
direction or order or writs.
(A) Habeaus
Corpus: writ
can be issued against any person private or official.
The word Habeaus Corpus literally means to have the body.The
object of this writ is to have the detained person before the court so that it
can be ascertained whether detention is legal or not.
(B) Mandamus:-
literally
means 'command' it is thus an order of a superior court commanding a person
holding a public office or a public authority to do or not to do something.
not against private individual or organisation
this can not be enforced against the president and governor.
(C)
Prohibition : this writ is issued by a superior court to an inferior
court to prevent it from exceeding its jurisdiction and to compel it to keep
within the limits of jurisdiction.
can be issued only
against judicial and quasi judicial bodies.
only high court and supreme court can issue it and not the
subordinate courts.
(D) Certiorari:
A writ of
prohibition is issued to prevent an inferior cort or tribunal to go ahead with
the trial of a case in which it has assumed excess of jurisdiction. Whereas a
writ of certiorari is issued to quash the order passed by an inferior court or
tribunal in excess of jurisdiction.
(E) Quo
Warranto: Means " what is your authority"
A writ of Quo Warranto is issued against the holder of a public
office to the court under what authority he holds the office.
Armed forces and
fundamental rights:
Art 33: the parliament can restrict or abrogate by law the FR
applicable to the members of the armed forces or the forces charged with
maintenance of public order.
Any law passed by parliament in this regard under Art 33 can not
be challenged in any court under Art 13(2).
Fundamental Rights and Emergency:
Art 352 of the constitution a national emergency on ground of
war or external aggression, the rights guaranteed to citizens under Art 19 are
automatically suspended.
Rights outside part- III of the constitution:
(a) According to Art 300A - no person shall be deprived of his
property except by authority of law.
(b) Art 301 deals with the freedom of trade,commerce and
intercourse.
(c) Art 326, the election to the house of the people and to the
legislative assemblies of the state should be on the basis of adult suffrage.
Human Rights :
As per the protection of human rights act 1993, " human
rights" means the rights relating to life,liberty,equality and dignity of
the individual guaranteed by the constitution.
Features:
National Human Rights Commission will be set up.
Chairman - A person who is or has been Chief Justice of supreme
court.
Headquarter- Delhi
Directive principles of state policy: Part-IV
The fundamental rights and directive principles together have
been rights described as the conscience of the constitution by Grenville
Austin.
Directive Principles ( Art 36 to 51) - taken from constitution
of Ireland
Art 38: To secure and protect a social order which stands for
welfare of the people.
Art 39: State shall directs its policy towards securing:-
(i) adequate means of livelihood to all
(ii) a proper distribution of the material resources of the
community for the common good.
(iii) prevention of concentration of wealth common detriment
(iv) equal pay for equal work for both men and women
( v) the protection of the strength and health of workers and
avoiding circumstances which force citizens to enter avocations unsuited to
their age and strength.
(vi) the protection of childhood and youth against exploitation
or moral and material abandonment.
Art 40: To organise village panchayats as units of self
Government.
Art 41: To secure the right to work, education and public
assistance in cases of unemployment, old age sickness etc.
Art 43: To secure work, a living wage, a decent standard of life
leisure and social and cultural opportunities for people and in particular to
promote cottage industries.
Art 44: To secure a uniform civil code applicable to the entire country.
Art 45: To provide within 10 years from commencement of the
constitution, free and compulsory education to all children's up to the age of
14.
Art 46: To promote with special care the educational and
economic interest of the weaker section of the people especially SC and ST.
Art 47: To secure the improvement of public health and the
prohibition of intoxicating drinks and drugs.
Art 48: To organise agriculture and animal husbandry on
scientific lines and improve breeds and prohibits the slaughter of cow calves
and other milch and draught cattle.
Art 49: To protect all monuments of historic interest and
national importance.
Art 50: To bring about the separation of the judiciary from the
executive
Art 51: To endeavour to secure -
(a) the promotion of international peace and security.
(b) the maintenance of just and honourable relations between
nations and
(c) the settlement of international disputes by arbitration
Directive added
after commencement of constitution:-
1. Art 38(1),added by 44th amendment act 1978:
The state shall in particular strive to minimise the
inequalities in income & endeavour eliminate inequalities in
status,facilities and opportunities, not only amongst individuals but also
amongst groups of peoples residing in different areas or engaged in different
vocations.
2. Art 39(f): The children are given opportunities &
facilities to develop in a healthy manner & in conditions of freedom &
dignity and that childhood and youth are protected against exploitation and
against moral and material abandonment.
3. Art 39-A: To provide equal justice by ensuring the legal
system promotes justice and provide free legal aid by suitable legislation.
4. Art 43-A: participation of workers in management of
industries.
5. Art 48-A: Protection and improvement of environment and
safeguarding of forests and wild life.
Directives in other parts (not in part IV) of the constitution:
Art 350-A: of the Indian Constitution enjoins every state and
every local authority within the state to provide adequate facilities for
instruction in mother tongue at the primary stage to the children of linguistic
minorities.
Art 351: enjoins the union to promote the spread of hindi
language so that it may serve as a medium of expression of all the elements of
composite culture of India.
Art 335: directs that the claims of the SC and ST's shall be
taken into constitution, consistently with the maintenance of efficiency of
administration, in making of appointments to services and posts in connection
with affairs of union or of a state.
Fundamental Duties
(Part IV-A)
Fundamental duties were inserted into the constitution of India
by the 42nd constitutional amendment act 1976. Initial there were 10
fundamental duties and now they are 11 fundamental duties contained in Art 51-A
of constitution. These Duties were added on the recommendation of Suwarn singh
committee.
Japan- only democratic country in the world which provides for a
set of fundamental duties in its constitution.
Indian Constitution borrowed concept of FD's from constitution of
socialist countries ( erst while USSR).
Duties enumerated in Art 51-A are statutory duties and are not
enforceable by law.
11 FD's are followings:-
1. To abide by the constitution and respect its
ideals,institutions,the national flag and the national anthem.
2. To cherish and follow the noble ideals which inspired out
national struggle for freedom.
3. To uphold and protect sovereignty, unity, and integrity of
India.
4. To defend the country and render national service when called
upon to do so.
5.To promote harmony and spirit of common brotherhood amongst
all the people of India transcending religious, linguistic and regional or
sectional diversities, renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite
culture.
7. To protect and improve the national environment including
forests,lakes,rivers and wild life and to have compassion for living creatures.
8. To develop scientific temper ,humanism and the spirit of
inquiry and reform,
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual
and collective activity so that the nation constantly rises to higher levels of
endeavour and achievements.
THE PRESIDENT OF INDIA
ELECTION OF THE PRESIDENT
Qualifications of the President
Must be a citizen of India.
Must be 35 years or older
Must be qualified to be a
member of the Lok Sabha, but should not be a member
Must not hold an office of
profit under the Central or State or local governments
The name of the candidate must
be proposed and seconded by at least 50 eleKeywords: ias,
study material, general studies, Indian polity
Conditions of service
Holds office for 5 years.Is
elected indirectly by an electoral college consisting of Elected members of both
Houses of Parliament. Elected members of State Assemblies in accordance with
proportional representation
The value of the vote of an MLA
differs from state to state in order to give equality of representation
Eligible for immediate
re-election
Resignation must be addressed to the Speaker of the Lok Sabha
Oath of affirmation is
administered by the Chief Justice of India. In the CJI’s absence, the senior
most available judge of the SC administers the oath.
The President can be impeached for violation of the constitution. Impeachment can be initiated by either
House of Parliament. Requires a 2/3rd majority to pass.
If the office of the President
falls vacant, the Vice President takes over. If the VP is not available, the
CJI acts as President. If he is also not available, the senior most available
judge of the SC acts as President. The acting President enjoys all powers
of a regular President
Fresh elections to the office
of President must be held within 6 months of vacancy
All election disputes are
decided by the Supreme Court
POWERS OF THE PRESIDENT
1.
Administrative powers
1.
All
executive actions of the Union Government are carried out under the name of the
President
2.
Appoints
senior officials like the Prime Minister, CJI, CAG, AG etc
3.
Directly
controls the administration of the Union Territories
2.
Legislative Powers
1.
Nominates
12 distinguished public figures to the Rajya Sabha and 2 Anglo-Indians to the
Lok Sabha
2.
Can
summon and prorogue sessions of both Houses
3.
Can dissolve the Lok Sabha (but
not the Rajya Sabha)
4.
All bills
must receive the President’s assent before they become law
5.
Enjoys
suspensive veto power that can be applied to non-money bills. No
veto power on Constitutional Amendment Bills
6.
Can
enact ordinances on Union and Concurrent List subjects. Can
issue ordinances on State subjects, only if the state is under President’s Rule
3.
Financial Powers
1.
All money bills can originate
in the Lok Sabha only on the recommendation of the President
2.
Controls
the Contingency Fund of India
3.
Appoints
a Finance Commission every 5 years to recommend tax distribution between the
Union and states
4.
Judicial Powers
1.
Can
pardon or reprieve the sentence of anyone punished under Union law
2.
Appoints
the Chief Justice and other judges of the Supreme Court and High Courts
5.
Emergency Powers
1.
Can
proclaim emergency after getting the recommendation of the Cabinet in writing
6.
Military Powers
1.
Appoints
the Chiefs of the Army, Navy and Air Force
2.
Enjoys
the power to declare war and peace
7.
Diplomatic Powers
1.
Appoints
Ambassadors to foreign countries and receives their diplomats
2.
All
international treaties are concluded on behalf of the President. However, these
are subject to ratification by Parliament
8.
President’s Rule
1.
Can
declare President’s Rule either on the advice of the Governor or on self
discretion
2.
Such a
proclamation must be laid down before Parliament within two months
3.
Cannot
remain in force for more than one year
4.
The
concerned State Assembly can be dissolved or suspended
9.
Discretionary Powers: The
President almost always acts on the advice of the Council of Ministers except
under the following circumstances
1.
Appointment of a Prime Minister
from among contenders when no single party has a majority in the Lok Sabha
2.
A
Council of Ministers is voted out/resigns and recommends dissolution of the Lok
Sabha
3.
While
exercising a pocket veto
4.
Disqualifying
members of the Legislature
5.
Return the advice of the
Council of Ministers once for reconsideration
6. Return a
Bill passed by the Parliament once for reconsideratio, general studies, Indian polity
PRESIDENT’S RULE IN INDIA
First imposed on Kerala, June
1951. In effect till April 1952
Longest duration of President’s
Rule was in Punjab May 1987 – Feb 1992
Imposed maximum number of times
on Kerala and Punjab (9 times each)
Minimum number of times on
Maharashtra, Meghalaya and Arunachal Pradesh
Shortest duration of imposition
was on Karnataka. Imposed for 7 days in Oct 1990
THE PRESIDENT’S OF INDIA
|
President
|
Tenure
|
Notes
|
|
Dr. Rajendra Prasad
|
Jun 1950 – May 1952
|
First President
Longest tenure
|
|
Dr. S. Radhakrishnan
|
May 1962 – May 1967
|
|
|
Dr. Zakir Hussian
|
May 1967 – May 1969
|
Shortest tenure
Died in office
|
|
V.V. Giri (Acting)
|
May 1969 – July 1969
|
First Acting President
|
|
Justice M Hidayatullah
|
July 1969 – Aug 1969
|
Second Acting President
|
|
V.V. Giri
|
Aug 1969 – Aug 1974
|
|
|
Fakhruddin Ali Ahmed
|
Aug 1974 – Feb 1977
|
Died in office
|
|
B. D. Jatti (acting)
|
Feb 1977 – July 1977
|
|
|
Neelam Sanjiva Reddy
|
July 1982 – July 1987
|
Youngest President (64 years)
Elected unopposed
|
|
Giani Zail Singh
|
July 1982 – July 1987
|
|
|
R. Venkataraman
|
July 1987 – July 1992
|
Oldest President (76 years)
|
|
Dr. S.D. Sharma
|
July 1992 – July 1997
|
|
|
K.R. Narayanan
|
July 1997 – July 2002
|
|
|
Dr. APJ Abdul Kalam
|
July 2002 – July 2007
|
|
|
Pratibha Patil
|
July 2007 – present
|
First female President
|
Keywords: ias, study material,
general studies, Indian polity
THE VICE-PRESIDENT OF INDIA
Election of the Vice-President
Is elected by all members of both
Houses of Parliament in accordance with proportional representation
The name of the candidate must be
proposed and seconded by at least 25 members
All election disputes are decided by
the Supreme Court
Holds office for 5 years. Is eligible
for re-election
Oath of office administered by the
President
y material, general studies,
Indian polity
Powers and functions of the Vice-President
Is the ex-officio Chairman of the Rajya Sabha, but is not
a member of the same
Has no right to vote except in a tie
All bills, resolutions, motions and
questions in the Rajya Sabha can be taken up only with the consent of the VP
Acts as the chief spokesperson of the
Rajya Sabha
Functions as Acting President if
required. Can do so for a maximum of 6 months, and then a new President must be
elected
Does not automatically become
President in the absence of the President (unlike the USA)Keywords: ias, study
material, general studies, Indian polity
The
President of India is vested with the following three types of veto power.
1. Absolute Veto
2. Suspensive Veto
3. Pocket Veto.
Absolute Veto:
1. Absolute Veto
2. Suspensive Veto
3. Pocket Veto.
Absolute Veto:
It refers to the
power of the President to withhold his assent to a bill passed by the
Parliament. The bill then ends and does not become an act. Usually, this veto
is exercised in the following two cases:
(a) With respect to
private members' bills (bills introduced by any member of Parliament who is not
a minister);
(b) With respect to
the government bills when the cabinet resign (after the passage of the bills
but before the assent by the President) and the new cabinet advises the
President not to give his assent to such bills
Suspensive Veto:
The President exercises this veto when he returns a bill for
reconsideration of the Parliament. However, if the bill is passed again by the
Parliament with or without amendments and again presented to the President, it
is obligatory for the President to give his assent to the bill. This means that
the President veto is overridden by a re-passage of the bill by the same
ordinary majority (and not a higher majority as required for Qualified Veto in
U.S.A.).
The President does not possess this veto in the case of Money
bills. The President can either give his assent to a money bill or withhold his
assent to a money bill but cannot return it for the reconsideration of the
Parliament. Normally, the president gives his assent to the money bill as
it is introduced in the Parliament with his previous permission.
Pocket Veto:
In this case, the
President neither ratifies nor rejects nor returns the bill, but simply keeps
the bill pending for an indefinite period. This power of the President no to
take any action (either positive or negative) on the bill is known as the
Pocket Veto. The President can exercise this veto power as the Constitution
does not prescribe any time-limit within which he has to take the decision with
respect to a bill presented to him for his assent. In USA, on the other hand,
the president has to return the bill for reconsideration within 10 days. Hence,
it is remarked that the pocket of the Indian President is bigger than that of
the American President.
In 1986, President
Zail Singh exercised the pocket veto with respect to Indian Post Office
(Amendment) Bill. The bill, passed by the Rajiv Gandhi Government, imposed
restriction on the freedom of press.
It should be
noted here that the President has no veto power in respect of a Constitutional
Amendment Bill. The 24th Constitutional Amendment Act of 1971 made it
obligatory for the President to give his assent to a constitutional amendment
bill.
COUNCIL OF MINISTERS
Conditions of service
It is composed of all Union Ministers
– the Prime Minister, Cabinet Ministers, Ministers of State and Deputy
Ministers
The council is appointed by the
President on the advice of the Prime Minister
A Minister must be a member of either
House of Parliament, or be elected within 6 months of assuming office
Collective Responsibility
The Council of Ministers is collectively responsible to
the Lok Sabha
A vote of no confidence even against a single Minister means the
entire Council must resign
Each Minister is also responsible for his department and
can be removed from office by the President on the advice of the Prime Minister
Functions of the Council of Ministers
Formulates policies of the country on
the basis of which administration is carried out
Introduces all important Bills in
Parliament and oversees their passage
Presents the Budget to the Parliament
Determines foreign policy
Approves international agreements and
treaties
Render advice to the President
regarding proclamation of war or emergency
CATEGORIES OF MINISTERS
Cabinet Minister
Senior minister in charge of a
particular Ministry
May hold additional charges of other
Ministries (if no other Cabinet Minister is appointed)
Cabinet Ministers must belong to
either House of Parliament
Currently there are 33 Cabinet
Ministers
Minister of State (Independent Charge)
In charge of a particular portfolio
Is not under the oversight of a
Cabinet Minister
Currently there are 7 MoS with
independent charge
Minister of State
Reports to the concerned Cabinet
Minister
Currently there are 38 MoS
THE PRIME MINISTER OF INDIA
The Prime Minister is the head of government and the head
of the Council of Ministers
The PM is responsible for the discharge of functions and
powers of the President
The PM must be a member of either House of Parliament, or
be elected within 6 months of taking office
ELECTION TO OFFICE
Appointment
The Prime Minister is appointed by
the President on the basis of his being the leader of the majority party in the
Lok Sabha
If no party gets an absolute majority in the Lok Sabha or
a PM resigns or dies, the President can use his own discretion in the choice of
a Prime Minister
If the person the President so
appoints is not a member of the Lok Sabha, he must get himself elected within a
period of 6 months
Conditions of service
The Prime Minister serves in
office for 5 years
He can be re-appointed
When the Lok Sabha is
dissolved, he can continue in office upon the request of the President
If the government is defeated
in the Lok Sabha, the Prime Minister and entire cabinet must resign
However, if defeated in the Rajya Sabha, resignation is not
obligatory
FUNCTIONS OF THE PRIME MINISTER
1. Legislative
functions
1.
He is the leader of the majority in the Lok Sabha
2.
The President convenes and prorogues sessions of Parliament in
consultation with the PM
3.
Can recommend dissolution of the Lok Sabha to the President
4.
All members of the Cabinet are appointed by the President on the
recommendation of the PM
2.
Administrative functions
1.
Acts as the chief channel of communication between the President
and the Council of Ministers
2.
Allocates portfolios among various ministers and shuffles them
3.
Presides over meetings of the Council of Ministers
4.
Supervises the working of other Ministers
3.
Executive functions
1.
Represents the country internationally
2.
Acts as the ex-officio Chairman of the Planning Commission
3.
Has exclusive jurisdiction over the
disposal of the PM’s National Relief Fund and the PM’s National Defence Fun
4.
Advisory functions
1.
Assists the President in the appointment of all high officials
2.
Recommends to the President proclamation of emergency
3.
Advices the President on the imposition of President’s Rule
LIST OF PRIME MINISTERS OF INDIA
|
No.
|
Prime Minister
|
Date
|
Notes
|
|
1
|
Jawaharlal Nehru
|
1947 – 1964
|
First Prime Minister
First to die in office
Longest tenure
|
|
2
|
Guzari Lal Nanda
|
May 1964 – Jun 1964
|
First and only “acting” PM
|
|
3
|
Lal Bahadur Shastri
|
Jun 1964 – Jan 1966
|
First PM to die abroad during official tour
|
|
4
|
Guzari Lal Nanda
|
Jan 1966 – Jan 1966
|
|
|
5
|
Indira Gandhi
|
Jan 1966 – Mar 1967
|
First woman PM
First PM to lose an election
|
|
6
|
Moraji Desai
|
Mar 1977 – Jul 1979
|
Oldest to become PM (81 years)
First to resign from office
|
|
7
|
Charan Singh
|
Jul 1979 – Jan 1980
|
Only PM that did not face Parliament
|
|
8
|
Indira Gandhi
|
Jan 1980 – Oct 1984
|
First PM to be assassinated
|
|
9
|
Rajiv Gandhi
|
Oct 1984 – Dec 1989
|
Youngest to become PM (40 years)
|
|
10
|
VP Singh
|
Dec 1989 – Nov 1990
|
First PM to resign after vote of no confidence
|
|
11
|
Chandra Shekar
|
Nov 1990 – Jun 1991
|
|
|
12
|
Narasimha Rao
|
Jun 1991 – May 1996
|
|
|
13
|
AB Vajpayee
|
May 1996 – Jun 1996
|
Shortest tenure (13 days)
|
|
14
|
Deve Gowda
|
Jun 1996 – Apr 1997
|
|
|
15
|
IK Gujral
|
Apr 1997 – Mar 1998
|
|
|
16
|
AB Vajpayee
|
Mar 1998 – May 2004
|
|
|
17
|
Manmohan Singh
|
May 2004 – Present
|
THE DEPUTY PRIME MINISTER
It is not a constitutional post
Does not carry any specific powers
Can chair meetings of the Cabinet in
the absence of the PM, and take on the responsibility of the PM in case of the
latter’s death
India has had 7 Deputy Prime
Ministers
Sardar Vallabhai Patel was the first
Deputy PM. He was also the Home Minister concurrently
The current government does not have
a Deputy PM
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