CHAPTER - 1

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INTRODUCTION

The President of India or Rashtrapati is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. Despite Article 53 of the Constitution stating the President can exercise their powers directly, with few exceptions, all of the authority vested in the President is in practice exercised by the Council of Ministers, headed by the Prime Minister.

The President is elected by the elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the state legislatures (Vidhan Sabha’s), and serves for a term of five years. Incumbents are permitted to stand for re-election. A formula is used to allocate votes so there is a balance between the population of each state and the number of votes assembly members from a state can cast, and to give an equal balance between State Assembly members and National Parliament members. If no candidate receives a majority of votes there is a system by which losing candidates are eliminated from the contest and votes for them transferred to other candidates, until one gains a majority. The Vice-President is elected by a direct vote of all members (elected and nominated) of the Lok Sabha and Rajya Sabha.

The president of India resides in an estate in New Delhi known as the Rashtrapati Bhavan (which roughly translates as President's Abode). The presidential retreat is The Retreat in Chharabra, Shimla and Rashtrapati Nilayam (President's Place) in Hyderabad.

The 12th President of India is Her Excellency Pratibha Devisingh Patil, the first woman [2]

to serve in the office, who was sworn in on 25 July 2007.

History

India became formally independent from the United Kingdom on 15 August 1947 and the country became a Commonwealth dominion.

This was a temporary measure, however, as the continued existence of a shared monarch in the Indian political system was not considered by some appropriate for a truly sovereign nation. The first Governor General of India, Lord Mountbatten, was also the last British Viceroy of India before independence. He soon handed power over to C. Rajagopalachari, who became the only ethnically Indian governor general. In the meantime, the Constituent Assembly led by Dr. Rajendra Prasad . The drafting was finished on 26 November 1949, and the Constitution was formally adopted on 26 January 1950—a date of symbolic importance as it was on 26 January 1930, that Indian National Congress celebrated complete independence in the Lahore Session. When the constitution took effect, the Governor General and King were replaced by an elected president, with Rajendra Prasad serving as the first President of India.

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The move ended India's status as a Commonwealth dominion, but the republic remained in the Commonwealth of Nations. Nehru argued that a nation should be allowed to stay in the Commonwealth simply by observing the British monarch as "Head of the Commonwealth" but not necessarily head of state. This was a ground-breaking decision that would set a precedent in the second half of the twentieth century for many other former British colonies to remain in the Commonwealth after becoming newly-independent republics.

Constitutional role

Constitutional role of the Indian Constitution states "There shall be a President of India". Article 53(1)vests in the President the executive powers of the Union which are exercised either directly or through subordinate officers in accordance with the Constitution. Although the Constitution explicitly says that the president is the executive head of the state, real executive power is exercised by the Council of Ministers, headed by the Prime Minister. This is inferred from Article 74 of the Indian Constitution, providing for a "... council of ministers to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice".

However, the Article 74(2) bars all courts completely from assuming even an existence of such an advice[7]. Therefore from the courts' point of view, the real executive power lies with the President. As far as President's decision and action are concerned no one can challenge such decision or action on the ground that it is not in accordance with the advice tendered by the Ministers or that it is based on no advice[8].

The president of India shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation that he/she shall protect, preserve and defend the Constitution (Article 60).

Salary & Amenities

The Rashtrapati Bhavan is the officia residence of the President of India.

Air India One also known as "Rajdoot", is the official aircraft of the President of India. The President of India used to receive Rs 10,000 (US$ 200) per month as per the Constitution. This amount was increased to Rs 50,000 (US$ 1,100) in 1998. On September 11, 2008 the Government of India increased the salary of the President to Rs. 1.5 lakh (US$ 3,300). However, almost everything that the President does or wants to do is taken care of by the annual Rs 225 million (US$ 4.9 million) budget that the Government allots for his or her upkeep

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The Presidential House, or Rashtrapati Bhavan, is located in Prakash Vir Shastri Avenue, where its main entrance, Gate 35, is located. The home is in the urban district of New Delhi and was recently renamed from North Avenue in honour of the Member of Parliament who was killed during his tenure here as a representative of the state of Uttar Pradesh.

Executive powers

The Constitution vests in the President of India all the executive powers of the Central Government. The President appoints the Prime Minister the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister.

The Council of Ministers remains in power during the 'pleasure' of the President. In practice, however, the Council of Ministers must retain the support of the Lok Sabha. If a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it commands the support of a majority in the Lok Sabha.

The President is responsible for making a wide variety of appointments. These include:

Governors of States The Chief Justice, other judges of the Supreme Court and High Courts of India. The Attorney General The Controller and Auditor General The Chief Election Commissioner and other Election Commissioners The Chairman and other Members of the Union Public Service Commission Ambassadors and High Commissioners to other countries.

The President also receives the credentials of Ambassadors and High Commissioners from other countries.

The President is the de jure Commander in Chief of the Indian Armed Forces.

The President of India can grant a pardon to or reduce the sentence of a convicted person for one time, particularly in cases involving punishment of death.

The decisions involving pardoning and other rights by the president are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most other cases, however, the President exercises his or her executive powers on the advice of the Prime Minister.

Financial powers

Money bills can be introduced in the Parliament only on the prior recommendation of the President. He/she also causes to be laid before the Parliament the annual financial statement which is the Union Budget. Further no demand for grant shall be made except on his recommendation.He/She can also make advances out of the Contingency Fund of

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India to meet any unforeseen expenditure.Moreover, he\she constitutes the Finance Commission every 5 years to recommend the distribution of taxes between the States and the Centre.

Judicial powers

The president appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. In practice, these judges are actually selected by the Union cabinet. The President dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present.

If they consider a question of law or a matter of public importance has arisen they can ask for the advisory opinion of the Supreme Court. They may or may not accept that opinion.

He/She has the right to grant pardon. He/She can suspend, remit or commute the death sentence of any person..

He/She enjoys the judicial immunity:

No criminal proceedings can be initiated against him/her during his term in office. He/She is not answerable for the exercise of his duties.

Legislative powers

The President summons both houses of the Parliament and prorogues them. He or she can even dissolve the Lok Sabha. These powers are formal, and by convention, the President uses these powers according to the advice of the Council of Ministers headed by the Prime Minister.

They inaugurate the Parliament by addressing it after the general elections and also at the beginning of the first session each year. Their address on these occasions is generally meant to outline the new policies of the government.

A bill that the Parliament has passed, can become a law only after the President gives his/her assent to it. The President can return a bill to the Parliament, if it is not a money bill, for reconsideration. However, if the Parliament sends it back to them for the second time, the President is obliged to assent to it.

When the Parliament is not in session and the government considers it necessary to have a law, then the President can promulgate ordinances. These ordinances are submitted to the Parliament at its next session. They remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.

Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf of the President. However, in practice, such negotiations are usually carried out by the Prime Minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are

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subject to the approval of the Parliament. The President represents India in international forums and affairs where such a function is chiefly ceremonial. The President may also send and receive diplomats like Ambassadors and High Commissioners.

Military powers

The President is the supreme commander of the defence forces of India, in this capacity the president can appoint Army, Navy & Air Chiefs. The President can declare war or conclude peace, subject to the approval of parliament only under the decision of the Council of Ministers

Emergency powers

The President can declare three types of emergencies: national, state and financial.

National emergency

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), 1975 to 1977 (declared by Indira Gandhi on account of "internal disturbance").

Under Article 352 of the India Constitution the President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval, up to a maximum of 3 Years.

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended.

The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of Parliament beyond six months after the end of the declared emergency.

State emergency

State emergency, also known as President's rule, is declared due to breakdown of constitutional machinery in a state.

If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he/she can declare a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of six months.

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Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.

During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.

On 19 January 2009, President's rule was imposed on the Indian State of Jharkhand making it the latest state where this kind of emergency has been imposed.

A State Emergency can be imposed via the following:

1. By Article 356:-If that state failed to run constitutionally i.e. constitutional machinery has failed

2. By Article 365:-If that state is not working according to the given direction of the Union Government.

This type of emergency needs the approval of the parliament within 2 months. This type of emergency can last up to a maximum of 3 years via extensions after each 6 month period. However, after one year it can be extended only if

1. A state of National Emergency has been declared in the country or in the particular state.

2. The Election Commission finds it difficult to organize an election in that state.

Financial emergency

If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he/she can proclaim financial emergency as per the Constitutional Article 360. Such an emergency must be approved by the Parliament within two months. It has never been declared. On a previous occasion, the financial stability or credit of India has indeed been threatened, but a financial emergency was avoided through the selling off of India's gold reserves.

A state of financial emergency remains in force indefinitely until revoked by the President

In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills are passed by the State legislatures are submitted to the President for his approval. They can direct the state to observe certain principles (economy measures) relating to financial matters.

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Important presidential interventions

The President's role as defender of the Constitution, and their powers as Head of State, especially in relation to those exercised by the Prime Minister as leader of the government, have changed over time. In particular, Presidents have made a number of interventions into government and lawmaking, which have established and challenged some conventions concerning Presidential intervention. Some of the more noteworthy are documented here.

In 1979, the then Prime Minister, Charan Singh, did not enjoy a Parliamentary majority. He responded to this by simply not advising the President to summon Parliament. Since then, Presidents have been more diligent in directing incoming Prime Ministers to convene Parliament and prove their majority within reasonable deadlines (2–3 weeks). In the interim period, the Prime Ministers are generally restrained from making policy decisions.

The constitution gives the President the power to return a bill unsigned but it circumscribes the power to send it back only once for reconsideration. If the Parliament sends back the bill with or without changes, the President is duty bound to sign it. Since the nineties, Parliamentary elections have generally not resulted in a single party or group of parties having a distinct majority. In such cases, Presidents have used their discretion and directed Prime Ministerial aspirants to establish their credentials before being invited to form the government. Typically, the aspirants have been asked to produce letters from various party leaders, with the signatures of all the MPs who are pledging support to their candidature. This is in addition to the requirement that a Prime Minister prove he has the support of the Lok Sabha (by a vote on the floor of the House) within weeks of being sworn in to office.

In the late nineties, President Narayanan introduced the important practice of explaining to the nation (by means of Rashtrapati Bhavan communiqués) the thinking that led to the various decisions he took while exercising his discretionary powers; this has led to openness and transparency in the functioning of the President.

In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding enlarging the scope of the offices of profit, which disqualify a person from being a member of parliament. The opposition combine, the NDA, hailed the move. The UPA chose to send the bill back to the president without any changes, and after 30 days Kalam gave the assent.

Removal of the President

The President may be removed before the expiry of his/her term through impeachment. A President can be removed for violation of the Constitution.

The process may start in either of the two houses of the Parliament. The house initiates the process by levelling the charges against the President. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration.

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A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend himself/herself through an authorised counsel. If the second house also approves the charges made by two-third majority again, the President stands impeached and is deemed to have vacated his/her office from the date when such a resolution stands passed. Other than impeachment, no other penalty can be given to the President for the violation of the Constitution.

No President has faced impeachment proceedings. Hence, the above provisions have never been tested.

Succession

In the event of a vacancy created for the President's post due to death, resignation, removal, etc., Article 65 of the [Indian Constitution] says that the Vice President will have to discharge his duties. The Vice President reverts to his office when a new President is elected and enters upon his office. When the President is unable to act owing to his absence, illness or any other cause, the Vice President discharges the President's functions for a temporary period until the President resumes his duties.

When the Vice President acts as, or discharges the functions of the President, he has all the powers and immunities of the President and is entitled to the same emoluments as the President.

Parliament has by an enactment made provision for the discharge of the functions of the President when vacancies occur in the offices of the President and of the Vice President simultaneously, owing to removal, death, resignation of the incumbent or otherwise. In such an eventuality, the Chief Justice, or in his absence, the senior most Judge of the Supreme Court of India available discharges the functions of the President until a newly elected President enters upon his office or a newly elected Vice President begins to act as President under Article 65 of the Constitution, whichever is the earlier.

List of Presidents of India

Presidents

This list is numbered based on Presidents elected after winning an Indian Presidential election. The terms of Varahagiri Venkata Giri, Muhammad Hidayatullah, and Basappa Danappa Jatti, who have functioned as acting presidents are therefore not numbered. The President of India does not represent any political party, and the Political party column below indicates the party (if any) that the president was a member of before being elected.

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#   Name   Took office   Left office   Notes  

1 Dr Rajendra Prasad26 January

195013 May 1962

1952 election page & 1957 election pagePrasad was the first President of independent India.[7][8] He was also an independence activist of the Indian Independence Movement.[9] Prasad was the only president to serve for two terms in office.[4]

2 Sarvepalli Radhakrishnan 13 May 1962 13 May 1967

1962 election pageRadhakrishnan was a prominent philosopher, writer, a Knight of the Realm and also held the position of vice chancellor of the Andhra University and Banaras Hindu University.[10] He was also made a Knight of the Golden Army of Angels by Pope Paul VI.[11]

3 Zakir Hussain 13 May 1967 3 May 1969

1967 election pageHussain was vice chancellor of the Aligarh Muslim University and a recipient of Padma Vibhushan and Bharat Ratna.[12] He died before his term of office was ended.

Varahagiri Venkata Giri * 3 May 1969 20 July 1969

Giri was appointed as acting president following the death of Hussain.[13] He resigned in a few months to take part in the presidential elections.[5]

Muhammad Hidayatullah * 20 July 1969 24 August 1969

Hidayatullah served as the Chief Justice of India, and was a recipient of the Order of the British Empire.[14] He served as acting president until the election of Giri as the

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President of India.

4 Varahagiri Venkata Giri 24 August 196924 August

1974

1969 election pageGiri is the only person to have served as both an acting president and president of India. He was a recipient of the Bharat Ratna, and has functioned as Indian Minister of Labour and High Commissioner to Ceylon (Sri Lanka).[15]

5 Fakhruddin Ali Ahmed 24 August 197411 February

1977

1974 election pageFakhruddin Ali Ahmed served as a Minister before being elected as president. He died in 1977 before his term of office ended, and was the second Indian president to have died during a term of office.[16]

Basappa Danappa Jatti *11 February

197725 July 1977

Jatti was the vice president of India during Ahmed's term of office, and was sworn in as acting president upon Ahmed's death. He earlier functioned as the Chief Minister for the State of Mysore.[16][17]

6 Neelam Sanjiva Reddy 25 July 1977 25 July 1982

1977 election pageN.S.Reddy was the first Chief Minister of Andhra Pradesh State. Reddy was the only Member of Parliament from the Janata Party to get elected from Andhra Pradesh.[18] He was unanimously elected Speaker of the Lok Sabha on 26 March 1977 and relinquished this office on 13 July 1977 to become the 6th President of India.

7 Giani Zail Singh 25 July 1982 25 July 1987 1982 election pageIn March 1972, Singh

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assumed the position of chief Minister of Punjab, and in 1980, he became Union Home Minister.[19]

8Ramaswamy

Venkataraman25 July 1987 25 July 1992

1987 election pageIn 1942, Venkataraman was jailed by the British for his involvement in the India's independence movement.[20] After his release, he was elected to independent India’s Provisional Parliament as a member of the Congress Party in 1950 and eventually joined the central government, where he first served as Minister of Finance and Industry and later as Minister of Defence.[21]

9 Shankar Dayal Sharma 25 July 1992 25 July 1997

1992 election pageSharma was Chief Minister of Madhya Pradesh, and the Indian Minister for Communications. He has also served as the governor of Andhra Pradesh, Punjab and Maharashtra.[22]

10 Kocheril Raman Narayanan 25 July 1997 25 July 2002

1997 election pageNarayanan served as India's ambassador to Thailand, Turkey, China and United States of America. He received doctorates in Science and Law and was also a chancellor in several universities.[23] He was also the vice-chancellor of Jawaharlal Nehru University.[24]

11 A. P. J. Abdul Kalam 25 July 2002 25 July 2007 2002 election pageKalam, was a scientist who played a leading role in the development of India's ballistic missile

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and nuclear weapons programs.[25] Kalam also received the Bharat Ratna.

12 Pratibha Patil 25 July 2007 Incumbent

2007 election pagePatil is the first woman to become the President of India. She was also the first female Governor of Rajasthan.[26][27]

The symbol (*) with a light brown background indicates an acting president.

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CHAPTER - 2

Election of Indian President

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Whenever the office becomes vacant, the new president is chosen by an electoral college consisting of the elected members of both houses of the Parliament and the elected members of the State Legislative Assemblies (Vidhan Sabha)

The election is held in accordance to the system of Proportional Representation by means of Single Transferable Vote method. The Voting takes place by secret ballot system. The manner of election of President is provided by Article 55. [1]

Each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of Parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states. Finally, the number of legislators in a state matters. if a state has few legislators, then each legislator has more votes. if a state has many legislators, then each legislator has fewer votes.

The actual calculation for votes cast by a particular state is calculated by dividing the state's population by 1000, which is divided again by the number of legislators from the State voting in the Electoral College. This number is the number of votes per legislator in a given state. For votes cast by those in Parliament, the total number of votes cast by all state legislators is divided by the number of members of both Houses of Parliament. This is the number of votes per member of either house of Parliament.

In 2007, the President of India was elected indirectly by the members of the Indian Parliament and by the individual States' Legislative Assemblies. Although Indian presidential elections involve actual voting by MPs and MLAs, they tend to vote for the candidate supported by their respective parties.[3]

Hence the internal process for the election involved lobbying by parties for their respective candidates. UPA, the ruling coalition and NDA, the major opposition coalition hence hold the key to the nomination and support gathering. Another key player in the final decision was the Left parties, which agreed to support the UPA candidate under certain conditions for nomination [4]. Mayawati, the newly elected chief minister of Uttar Pradesh, the most populous state of India, was also said to be a significant factor in the final election.[5]

Electoral College

The value of votes cast by elected members of the state legislative assemblies and both houses of parliament were decided as per the provisions of article 55(2) of the Constitution of India. The details of number of voters and votes for this presidential election are given below.[6]

Presidential elections in India involve proportional representation from respective states. The number of votes assigned to a particular voter from a state assembly is decided as follows.

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In other words, value of a MLA vote is no. of thousands of people represented by him. Thus, indirectly entire population cast vote. As per this calculation following are the number of votes for respective states.

(*) Constitution (Application to the Jammu & Kashmir) Order

Total Members of Parliament- Lok Sabha (543) + Rajya Sabha (233) = 776

The value of a MP's vote is calculated by dividing the total value of all MLAs' votes by the number of MPs.

Value of each vote = 549474/776 = 708Total value of votes of Parliament = 549408

Total number of electors = MLAs + MPs = 4896 Total number of votes = 1098882

Constitutional role

Constitutional role of the Indian Constitution states "There shall be a President of India". Article 53(1) vests in the President the executive powers of the Union which are exercised either directly or through subordinate officers in accordance with the Constitution. Although the Constitution explicitly says that the president is the executive head of the state, real executive power is exercised by the Council of Ministers, headed by the Prime Minister. This is inferred from Article 74 of the Indian Constitution, providing for a "... council of ministers to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice".

However, the Article 74(2) bars all courts completely from assuming even an existence of such an advice [7]. Therefore from the courts' point of view, the real executive power lies with the President. As far as President's decision and action are concerned no one can challenge such decision or action on the ground that it is not in accordance with the advice tendered by the Ministers or that it is based on no advice [8].

The president of India shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation that he/she shall protect, preserve and defend the Constitution (Article 60).

Salary & Amenities

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The Rashtrapati Bhavan is the official residence of the President of India.

Air India One also known as "Rajdoot” is the official aircraft of the President of India.

The President of India used to receive Rs 10,000 (US$ 200) per month as per the Constitution. This amount was increased to Rs 50,000 (US$ 1,100) in 1998. On September 11, 2008 the Government of India increased the salary of the President to Rs. 1.5 lakh (US$ 3,300). However, almost everything that the President does or wants to do is taken care of by the annual Rs 225 million (US$ 4.9 million) budget that the Government allots for his or her upkeep.[9]

Main article. Rashtrapati Bhavan

The Presidential House, or Rashtrapati Bhavan, is located in Prakash Vir Shastri Avenue, where its main entrance, Gate 35, is located. The home is in the urban district of New Delhi and was recently renamed from North Avenue in honour of the Member of Parliament who was killed during his tenure here as a representative of the state of Uttar Pradesh.[10]

Executive powers

The Constitution vests in the President of India all the executive powers of the Central Government. The President appoints the Prime Minister the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister.

The Council of Ministers remains in power during the 'pleasure' of the President. In practice, however, the Council of Ministers must retain the support of the Lok Sabha. If a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it commands the support of a majority in the Lok Sabha.

The President is responsible for making a wide variety of appointments. These include.

Governors of States The Chief Justice, other judges of the Supreme Court and High Courts of India. The Attorney General The Controller and Auditor General The Chief Election Commissioner and other Election Commissioners The Chairman and other Members of the Union Public Service Commission Ambassadors and High Commissioners to other countries.

The President also receives the credentials of Ambassadors and High Commissioners from other countries.

The President is the de jute Commander in Chief of the Indian Armed Forces.

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The President of India can grant a pardon to or reduce the sentence of a convicted person for one time, particularly in cases involving punishment of death.

The decisions involving pardoning and other rights by the president are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most other cases, however, the President exercises his or her executive powers on the advice of the Prime Minister.

Financial powers

Money bills can be introduced in the Parliament only on the prior recommendation of the President. He/she also causes to be laid before the Parliament the annual financial statement which is the Union Budget. Further no demand for grant shall be made except on his recommendation. He/She can also make advances out of the Contingency Fund of India to meet any unforeseen expenditure. Moreover, he\she constitutes the Finance Commission every 5 years to recommend the distribution of taxes between the States and the Centre.

Judicial powers

The president appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. In practice, these judges are actually selected by the Union cabinet. The President dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present.

If they consider a question of law or a matter of public importance has arisen they can ask for the advisory opinion of the Supreme Court. They may or may not accept that opinion.

He/She has the right to grant pardon. He/She can suspend, remit or commute the death sentence of any person.

He/She enjoys the judicial immunity.

No criminal proceedings can be initiated against him/her during his term in office. He/She is not answerable for the exercise of his duties.

Legislative powers

The President summons both houses of the Parliament and prorogues them. He or she can even dissolve the Lok Sabha. These powers are formal, and by convention, the President uses these powers according to the advice of the Council of Ministers headed by the Prime Minister.

They inaugurate the Parliament by addressing it after the general elections and also at the beginning of the first session each year. Their address on these occasions is generally meant to outline the new policies of the government.

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A bill that the Parliament has passed can become a law only after the President gives his/her assent to it. The President can return a bill to the Parliament, if it is not a money bill, for reconsideration. However, if the Parliament sends it back to them for the second time, the President is obliged to assent to it.

When the Parliament is not in session and the government considers it necessary to have a law, then the President can promulgate ordinances. These ordinances are submitted to the Parliament at its next session. They remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.

Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf of the President. However, in practice, such negotiations are usually carried out by the Prime Minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are subject to the approval of the Parliament. The President represents India in international forums and affairs where such a function is chiefly ceremonial. The President may also send and receive diplomats like Ambassadors and High Commissioners.

Military powers

The President is the supreme commander of the defense forces of India, in this capacity the president can appoint Army, Navy & Air Chiefs. The President can declare war or conclude peace, subject to the approval of parliament only under the decision of the Council of Ministers

Emergency powers

The President can declare three types of emergencies. national, state and financial.

National emergency

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), 1975 to 1977 (declared by Indira Gandhi on account of "internal disturbance").

Under Article 352 of the India Constitution the President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval, up to a maximum of 3 Years.

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended.

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The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of Parliament beyond six months after the end of the declared emergency.

State emergency

State emergency, also known as President's rule, is declared due to breakdown of constitutional machinery in a state.

If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he/she can declare a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of six months.

Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.

During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.

On 19 January 2009, President's rule was imposed on the Indian State of Jharkhand making it the latest state where this kind of emergency has been imposed.

A State Emergency can be imposed via the following.

1. By Article 356.-If that state failed to run constitutionally i.e. constitutional machinery has failed

2. By Article 365.-If that state is not working according to the given direction of the Union Government.

This type of emergency needs the approval of the parliament within 2 months. This type of emergency can last up to a maximum of 3 years via extensions after each 6 month period. However, after one year it can be extended only if

1. A state of National Emergency has been declared in the country or in the particular state.

2. The Election Commission finds it difficult to organize an election in that state.

Financial emergency

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If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he/she can proclaim financial emergency as per the Constitutional Article 360. Such an emergency must be approved by the Parliament within two months. It has never been declared. On a previous occasion, the financial stability or credit of India has indeed been threatened, but a financial emergency was avoided through the selling off of India's gold reserves.

A state of financial emergency remains in force indefinitely until revoked by the President.

In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills are passed by the State legislatures is submitted to the President for his approval. They can direct the state to observe certain principles (economy measures) relating to financial matters.

Important presidential interventions

The President's role as defender of the Constitution, and their powers as Head of State, especially in relation to those exercised by the Prime Minister as leader of the government, have changed over time. In particular, Presidents have made a number of interventions into government and lawmaking, which have established and challenged some conventions concerning Presidential intervention. Some of the more noteworthy are documented here.

In 1979, the then Prime Minister, Char an Singh, did not enjoy a Parliamentary majority. He responded to this by simply not advising the President to summon Parliament. Since then, Presidents have been more diligent in directing incoming Prime Ministers to convene Parliament and prove their majority within reasonable deadlines (2–3 weeks). In the interim period, the Prime Ministers are generally restrained from making policy decisions.

The constitution gives the President the power to return a bill unsigned but it circumscribes the power to send it back only once for reconsideration. If the Parliament sends back the bill with or without changes, the President is duty bound to sign it. Since the nineties, Parliamentary elections have generally not resulted in a single party or group of parties having a distinct majority. In such cases, Presidents have used their discretion and directed Prime Ministerial aspirants to establish their credentials before being invited to form the government. Typically, the aspirants have been asked to produce letters from various party leaders, with the signatures of all the MPs who are pledging support to their candidature. This is in addition to the requirement that a Prime Minister prove he has the support of the Lok Sabha (by a vote on the floor of the House) within weeks of being sworn in to office.

In the late nineties, President Narayanan introduced the important practice of explaining to the nation (by means of Rashtrapati Bhavan communiqués) the thinking that led to the

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various decisions he took while exercising his discretionary powers. this has led to openness and transparency in the functioning of the President.

In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding enlarging the scope of the offices of profit, which disqualify a person from being a member of parliament. The opposition combine, the NDA, hailed the move. The UPA chose to send the bill back to the president without any changes, and after 30 days Kalam gave the assent.

Removal of the President

The President may be removed before the expiry of his/her term through impeachment. A President can be removed for violation of the Constitution.

The process may start in either of the two houses of the Parliament. The house initiates the process by leveling the charges against the President. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration.

A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend himself/herself through an authorized counsel. If the second house also approves the charges made by two-third majority again, the President stands impeached and is deemed to have vacated his/her office from the date when such a resolution stands passed. Other than impeachment, no other penalty can be given to the President for the violation of the Constitution.

No President has faced impeachment proceedings. Hence, the above provisions have never been tested.

Succession

In the event of a vacancy created for the President's post due to death, resignation, removal, etc., Article 65 of the [Indian Constitution] says that the Vice President will have to discharge his duties. The Vice President reverts to his office when a new President is elected and enters upon his office. When the President is unable to act owing to his absence, illness or any other cause, the Vice President discharges the President's functions for a temporary period until the President resumes his duties.

When the Vice President acts as, or discharges the functions of the President, he has all the powers and immunities of the President and is entitled to the same emoluments as the President.

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Parliament has by an enactment made provision for the discharge of the functions of the President when vacancies occur in the offices of the President and of the Vice President simultaneously, owing to removal, death, resignation of the incumbent or otherwise. In such an eventuality, the Chief Justice, or in his absence, the senior most Judge of the Supreme Court of India available discharges the functions of the President until a newly elected President enters upon his office or a newly elected Vice President begins to act as President under Article 65 of the Constitution, whichever is the earlier.

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CHAPTER - 3

POWERS OF INDIAN PRESIDENT

Powers and functions

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The President of India enjoys the following powers.

Executive powers

The Constitution vests in the President of India all the executive powers of the Central Government. The President appoints as Prime Minister the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister.

The Council of Ministers remains in power during the 'pleasure' of the President. In practice, however, the Council of Ministers must retain the support of the Lok Sabha. If a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it commands the support of a majority in the Lok Sabha.

The President is responsible for making a wide variety of appointments. These include.

Governors of States The Chief Justice and other judges of the Supreme Court and High Courts The Attorney General The Comptroller and Auditor General The Chief Election Commissioner and other Election Commissioners The Chairman and other Members of the Union Public Service Commission Ambassadors and High Commissioners to other countries.

The President also receives the credentials of Ambassadors and High Commissioners from other countries.

The President is the de jure Commander in Chief of the Indian Armed Forces.

The President of India can grant a pardon to or reduce the sentence of a convicted person, particularly in cases involving punishment of death.

The decisions involving pardoning and other rights by the president are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most other cases, however, the President exercises his or her executive powers on the advice of the Prime Minister.

Judicial powers

The president appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. In practice, these judges are actually selected by the Union

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cabinet. The President dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present.

If they consider a question of law or a matter of public importance has arisen they can ask for the advisory opinion of the Supreme Court. They may or may not accept that opinion.

Legislative powers

The President summons both houses of the Parliament and prorogues them. He or she can even dissolve the Lok Sabha. These powers are formal, and by convention, the President uses these powers according to the advice of the Council of Ministers headed by the Prime Minister.

They inaugurate the Parliament by addressing it after the general elections and also at the beginning of the first session each year. Their address on these occasions is generally meant to outline the new policies of the government. This address is essentially identical in nature to a Speech from the Throne.

A bill that the Parliament has passed, can become a law only after the President gives their assent to it. They can return a bill to the Parliament, if it is not a money bill, for reconsideration. However, if the Parliament sends it back to them for the second time, they are obliged to assent to it.

When the Parliament is not in session and the government considers it necessary to have a law, then the President can promulgate ordinances. These ordinances are submitted to the Parliament at its next session. They remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.

Emergency Powers

The President can declare three types of emergencies. national, state and financial.

National emergency

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1965 (Indo-Pakistan war), 1975 and 1977 (declared by Indira Gandhi on account of "internal disturbance").

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Under Article 352 of the India Constitution the President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended.

The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of Parliament beyond six months after the end of the declared emergency.

State emergency

State emergency, also known as President's rule, is declared due to failure of constitutional machinery in a state.

If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he/she can declare a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of six months.

Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.

During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.

On October 9, 2007, the President's rule has been imposed on the south Indian State of Karnataka making it the latest state where the emergency has been imposed.

Financial emergency

If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he/she can proclaim financial emergency as per the Constitutional Article 360. Such an emergency must be approved by the Parliament within two months. It has never been declared. On a previous occasion, the financial stability or credit of India has indeed been threatened, but a financial emergency was avoided through the selling off of India's gold reserves.

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A state of financial emergency remains in force indefinitely until revoked by the President.

In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills passed by the State legislatures are submitted to the President for his approval. They can direct the state to observe certain principles (economy measures) relating to financial matters.

The President of India appoints the leader of the party or alliance that enjoys majority support in the Lok Sabha (Lower House of Indian Parliament) as Prime Minister. In case no single party or alliance has a majority, the leader of the largest single party or alliance is appointed Prime Minister, but he/she has to subsequently secure a vote of confidence in the Lok Sabha. The Union Council of Ministers is appointed by the President on the advice of the Prime Minister.

The Prime Minister can be a member of either the Rajya Sabha (Upper House of Parliament) or the Lok Sabha. As Prime Minister, he is the Leader of the House to which he belongs. The Prime Minister is also the Chairman of the Planning Commission of India.

As head of the Council of Ministers, the Prime Minister oversees the work of all the Ministries. He presides over Cabinet meetings, which are normally held in the Cabinet Room of the Prime Minister's Office. The Union Cabinet functions on the principle of "collective responsibility".

Constitutional framework and position of Prime Minister

The Constitution envisages a scheme of affairs in which the President of India is technically the head of the executive in terms of Article 53 with office of the Prime Minister as heading the Council of Ministers to assist and advise the President in the discharge of the executive power. To quote, Article 53 and 74 provide as under.

The executive powers 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.

— Article 53(1), Constitution of India

There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.

— Article 74(1), Constitution of India

The phrase act in accordance with such advice was a subject of considerable litigation and dispute in the initial days of the Indian executive but was settled by the Supreme Court of India as referring to mean that the President was bound by the advice tendered by the Prime Minister unless it was evident that the Prime Minister did not enjoy the

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majority support of the Parliament. [1] Since then the role of the President has been reduced to a nominal head as approving the decisions of the Prime Minister, except in certain exceptional circumstances wherein the Constitution requires the President to decide on the basis of his personal opinion, such as deciding whom to invite to form the Government after the general elections.

Typically like most parliamentary democracies where the Head of State's duties are largely ceremonial, the Prime Minister of India is the head of government and has effective responsibility for executive power. With India following a parliamentary system of government (known as the Westminster system after that of the United Kingdom), the Prime Minister is generally the leader of a party (or coalition of parties) that has a majority in the Lok Sabha, the lower house of the Parliament of India. The Prime Minister either has to be a current member of one of the houses of Parliament, or be elected within six months of being appointed.

Role of the Prime Minister

The Prime Minister leads the functioning and exercise of authority of the Government of India. He is invited by the President as leader of the majority party in the Parliament of India to form a government at the federal level (known as Central Government in India) and exercise its powers. In practice the Prime Minister nominates the members of his Council of Ministers [2] [3] [4] to the President. He also works upon to decide a core group of Ministers (known as the Cabinet)[2] as in-charge of the important functions and ministries of the Government of India.

As the head of the government, the Prime Minister is responsible for distribution of work of the Government to various ministries and offices and in terms of the Government of India (Allocation of Business) Rules, 1961 [5] whereunder the Prime Minister's Office [6]

allocates the work to be performed by various Ministries. The work is generally allocates to the Cabinet Secretariat [7] which in turn acts as a nodal agency for the functioning of the various Ministries. While generally the entire work of the Government in divided into various Ministries, the Prime Minister may retain certain portfolios with himself.

The Prime Minister, in consultation with the Cabinet, schedules and attends the sessions of the Houses of Parliament and is required to answer the question put to him by the Members of Parliament [8] to him as the in-charge of the portfolios he holds or in his capacity as the Prime Minister of India. [9] The Prime Minister is also the ex officio Chairman of the Planning Commission of India. He also appoints the Deputy Chairman of the Commission, who is responsible for the functioning of the Commission and reports to the Prime Minister.

The Prime Minister represents the country in various delegations, high level meetings and international organizations that require the attendance of the highest government office [10] and also addresses to the nation on various issues of national or other importance. [11] He also has to his exclusive jurisdiction the disposal of two national

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funds, (i) the PM's National Relief Fund [12], and (ii) the PM's National Defence Fund [13], which he uses in his discretion to the attainment of the objectives behind the establishment of these funds.

Jurisdiction

The Supreme Court has original, appellate and advisory jurisdiction.

Original jurisdiction

It has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and in so far as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.

Appellate jurisdiction

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. The Supreme Court can also grant special leave to appeal from a judgement or order of any non-military Indian court. Parliament has the power to enlarge the appellate jurisdiction of the Supreme Court and has exercised this power in case of criminal appeals by enacting the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies . (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.

Advisory jurisdiction

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The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.

Judicial independence

The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. Judges are generally appointed on the basis of seniority and not on political preference. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity. The salary and allowances of a judge of the Supreme Court cannot be reduced after appointment. A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

Powers to punish contempt

Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish anyone for contempt of any law court in India including itself. The Supreme Court performed an unprecedented action when it directed a sitting Minister of the state of Maharashtra, Swaroop Singh Naik,[1] to be jailed for 1 month on a charge of contempt of court on May 12 2006. This was the first time that a serving Minister was ever jailed.[citation needed]

Landmark Judgements. Judiciary-Executive Confrontations

Land reform (early confrontation)

After some of the courts overturned state laws redistributing land from zamindar (landlord) estates on the grounds that the laws violated the zamindars' fundamental rights, the Parliament of India passed the First Amendment to the Constitution in 1951 followed by the Fourth Amendment in 1955 to protect its authority to implement land redistribution. The Supreme Court countered these amendments in 1967 when it ruled in Golaknath v. State of Punjab that Parliament did not have the power to abrogate the fundamental rights, including the provisions on private property.Free Supreme Court Judgements

Other laws deemed unconstitutional by the Supreme Court

On February 1, 1970, the Supreme Court invalidated the government-sponsored Bank Nationalization Bill that had been passed by Parliament in August 1969.

The Supreme Court also rejected as unconstitutional a presidential order of September 7, 1970, that abolished the titles, privileges, and privy purses of the former rulers of India's old princely states.

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Response from the Parliament of India

In reaction to the decisions of the Supreme Court, in 1971 the Parliament of India passed an amendment empowering itself to amend any provision of the constitution, including the fundamental rights.

The Parliament of India passed the 25th amendment, making legislative decisions concerning proper land compensation non-justiciable.

The Parliament of India passed an amendment to the Constitution of India, which added a constitutional article abolishing princely privileges and privy purses.

Counter-response from the Supreme Court

The Court ruled that the Basic Structure of the Constitution cannot be altered for convenience.

On April 24, 1973, the Supreme Court responded to the parliamentary offensive by ruling in the Kesavananda Bharati v. The State of Kerala case that although these amendments were constitutional, the court still reserved for itself the discretion to reject any constitutional amendments passed by Parliament by declaring that the amendments cannot change the constitution's "basic structure", a decision piloted through by Chief Justice Sikri.

Powers of the Lok Sabha

The special powers of the Lok Sabha is the reason why the Lok Sabha is de facto and de jure more powerful than the Rajya Sabha.

1. A motion of no confidence against the government may be introduced and passed only in the Lok Sabha. If passed by a majority vote, the Prime Minister and his council of Ministers shall collectively resign. The Rajya Sabha has no power over such a motion, and hence no real power over the executive. However, the Prime Minister may threaten the dissolution of the Lok Sabha and recommend this to the President, forcing another untimely general election. The President normally accepts this recommendation unless he is otherwise convinced that the Lok Sabha might recommend a new Prime Minister by a majority vote. Thus, both the executive and the legislature in India have checks and balances over each other.

2. A money bill can be introduced only in the Lok Sabha. After it is passed by the Lok Sabha, it is sent to the Rajya Sabha, where it can be deliberated upon for a maximum period of 14 days. If not rejected by the Rajya Sabha, or 14 days lapse from the introduction of the bill in the Rajya Sabha without any action by the House, or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha, the bill shall be considered passed. The budget is presented in the Lok Sabha by the Finance Minister in the name of the President of India

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3. In matters pertaining to non-financial (ordinary) bills, after the bill has been passed by the House where it was originally tabled (Lok Sabha or Rajya Sabha), it shall be sent to the other house, where it may be kept for a maximum period of 6 months. If the other House rejects the bill or a period of 6 months elapses without any action by that House, or the recommendations made by the members of the other house are not accepted by the House which originally tabled the bill, it results in a deadlock. This is resolved by the President by calling a joint session of both Houses which is presided over by the speaker of the Lok Sabha and decided by a simple majority. The will of the Lok Sabha normally prevails in these matters, as its strength is more than double that of the Rajya Sabha

4. Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional Amendment (by a majority of the total membership of the House and at least two-thirds majority of the members present and voting)

5. Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the President (by two-thirds of the membership of the House)

6. Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the judges of the Supreme Court and the state High Courts (by a majority of the membership of the House and at least two-thirds majority of the members present and voting)

7. Equal Powers with the Rajya Sabha in initiating and passing a resolution declaring war or national emergency (by two-thirds majority) or constitutional emergency (by simple majority) in a state

8. If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole de facto and de jure Parliament. It, of course, cannot be dissolved. This is a limitation on the Lok Sabha.

Powers of rajya sabha.1. Along with Lok Sabha, the Rajya Sabha has the right to initiate, pass and

amend ordinary bills of law. If there is a conflict which cannot be resolved even by the joint committee of the two Houses, it is solved in the joint session of the Parliament, where the will of the Lok Sabha almost always prevails, since the Lok Sabha is more than twice as large as the Rajya Sabha.

2. Consultative Power in money bills (taxation and spending), which can originate only in the Lok Sabha, and the Rajya Sabha cannot delay it for more than fourteen days, nor amend it against the will of the Lok Sabha, otherwise the bill will be deemed to be passed by both the houses and sent to the President for assent.

3. Equal Powers with the Lok Sabha in initiating and passing any Bill for Constitutional Amendment (by a majority of the total membership of the House and at least two-thirds majority of the members present and voting).

4. Equal Powers with the Lok Sabha in initiating and passing a motion for the impeachment of the President (by two-thirds vote of the membership of the House)

5. Equal Powers with the Lok Sabha in initiating and passing a motion for the impeachment of the judges of the Supreme Court and the state High Courts (by a majority of the membership of the House and two-thirds majority of the members present and voting)

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6. Equal Powers with the Lok Sabha in initiating and passing a resolution declaring war or national emergency or constitutional emergency in a state.

7. If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole de facto and de jure Parliament. It, of course, cannot be dissolved.

8. Sole power to declare by two-thirds majority if a subject in the jurisdiction of the states has assumed national importance, thereby enabling the Union to legislate on it.

9. No power to cause the dismissal or resignation of the Prime Minister or any minister, this being the sole prerogative of the Lok Sabha (caused by its simple majority). But power to ask questions from the ministers retained.

Membership . Members of Rajya Sabha

Election

The members of the Rajya Sabha from each state are elected by the members of the Legislature or the Legislative Assembly of that state by means of proportional representation through the Single Transferable Vote System. The representatives of the Union Territories are chosen in such manner as may be decided or prescribed by the Parliament from time to time.

IndiaThough, just like American constitution, in Indian constitution also, there is express mention that the executive power of the Union and of a State is vested by the constitution in the President and the Governor, respectively, by articles 53(1) and 154(1), but there is no corresponding provision vesting the legislative and judicial powers in any particular organ. It has accordingly been held that there is no rigid separation of powers. Although prima facie it appears that our constitution has based itself upon doctrine of separation of powers. Judiciary is independent in its field and there can be no interference with its judicial functions either by the executive or the legislature. Constitution restricts the discussion of the conduct of any judge in the Parliament. The High Courts and the Supreme Court has been given the power of judicial review and they can declare any law passed by parliament as unconstitutional. The judges of the S.C. are appointed by the President in consultation with the CJI and judges of the S.C. The S.C. has power to make Rules for efficient conduction of business.

It is noteworthy that A. 50 of the constitution puts an obligation over state to take steps to separate the judiciary from the executive. But, since it is a DPSP, therefore it’s unenforceable.

In a similar fashion certain constitutional provisions also provide for Powers, Privileges and Immunities to the MPs, Immunity from judicial scrutiny into the proceedings of the house , etc. Such provisions are thereby making legislature independent, in a way. The Constitution provides for conferment of executive power on the President. His powers and functions are enumerated in the constitution itself.

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The President and the Governor enjoy immunity from civil and criminal liabilities. But, if studied carefully, it is clear that doctrine of separation of powers has not been accepted in India in its strict sense. The executive is a part of the legislature. It is responsible to the legislature for its actions and also it derives its authority from legislature. India, since it is a parliamentary form of government, therefore it is based upon intimate contact and close co-ordination among the legislative and executive wings. However, the executive power vests in the President but, in reality he is only a formal head and that, the Real head is the Prime minister along with his Council of Ministers. The reading of Art. 74(1) makes it clear that the executive head has to act in accordance with the aid and advice given by the cabinet.

Generally the legislature is the repository of the legislative power but, under some specified circumstances President is also empowered to exercise legislative functions. Like while issuing an ordinance, framing rules and regulations relating to Public service matters , formulating law while proclamation of emergency is in force . These were some instances of the executive head becoming the repository of legislative functioning.

President performs judicial functions also On the other side, in certain matters Parliament exercises judicial functions too. It can decide the question of breach of its privilege and in case of impeaching the President. both the houses take active participation and decide the charges

Judiciary, in India, too can be seen exercising administrative functions when it supervises all the subordinate courts below. It has legislative power also which is reflected in formulation of rules regulating their own procedure for the conduct and disposal of cases

So, it’s quite evident from the constitutional provisions themselves that India, being a parliamentary democracy, does not follow an absolute separation and is, rather based upon fusion of powers, where a close co-ordination amongst the principal organs is unavoidable and the constitutional scheme itself mentions it. The doctrine has, thus, not been awarded a Constitutional status. Thus, every organ of the government is required to perform all the three types of functions. Also, each organ is, in some form or the other, dependant on the other organ which checks and balances it. The reason for the interdependence can be accorded to the parliamentary form of governance followed in our country. But, this doesn’t mean that this doctrine is not followed in India at all.

Except where the constitution has vested power in a body, the principle that one organ should not perform functions which essentially belong to others is followed. This observation was made by the Supreme Court in the re Delhi Laws Act case, wherein, it was held by a majority of 5.2, that, the theory of separation of powers is not part and parcel of our Constitution. But, it was also held that except for exceptional circumstances like in A. 123, A. 357, it is evident that constitution intends that the powers of legislation shall be exercised exclusively by the Legislature. As Kania, C.J., observed-Although in the constitution of India there is no express separation of powers, it is clear that a legislature is created by the constitution and detailed provisions are made for making that legislature pass laws. Does it not imply that unless it can be gathered from other provisions of the constitution, other bodies-executive or judicial-are not intended to discharge legislative functions?

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In essence they imported the modern doctrine of separation of powers. While dealing with the application of this doctrine, it is quintessential to mention the relevant cases which clarify the situation further.

Separation of Powers and Judicial Pronouncements in India In India, we follow a separation of functions and not of powers. And hence, we don’t abide by the principle in its rigidity. An example of it can be seen in the exercise of functions by the Cabinet ministers, who exercise both legislative and executive functions. A. 74(1) wins them an upper hand over the executive by making their aid and advice mandatory for the formal head. The executive, thus, is derived from the legislature and is dependant on it, for its legitimacy. This was the observation made by the Hon’ble S.C. in Ram Jawaya v. Punjab.

On the question that where the amending power of the Parliament does lies and whether A. 368 confers an unlimited amending power on Parliament, the S.C. in Kesavananda Bharati held that amending power was now subject to the basic features of the constitution. And hence, any amendment tampering these essential features will be struck down as unconstitutional. Beg, J. added that separation of powers is a part of the basic structure of the constitution. None of the three separate organs of the republic can take over the functions assigned to the other. This scheme cannot be changed even by resorting to A. 368 of the constitution . There are attempts made to dilute the principle, to the level of usurpation of judicial power by the legislature.

In a subsequent case law, S.C. had occasion to apply the Kesavananda ruling regarding the non-amend ability of the basic features of the constitution and a strict adherence to doctrine of separation of powers can be seen. In Indira Gandhi Nehru v. Raj Narain , where the dispute regarding P.M. election was pending before the Supreme Court, it was held that adjudication of a specific dispute is a judicial function which parliament, even under constitutional amending power, cannot exercise . So, the main ground on which the amendment was held ultravires was that when the constituent body declared that the election of P.M. won’t be void, it discharged a judicial function which according to the principle of separation it shouldn’t have done. The place of this doctrine in Indian context was made a bit clearer after this judgment.

Though in India strict separation of powers like in American sense is not followed but, the principle of ‘checks and balances’, a part of this doctrine is. Therefore, none of the three organs can usurp the essential functions of the organs, which constitute a part of ‘basic structure’ doctrine so much so that, not even by amending the constitution and if any such amendment is made, the court will strike it down as unconstitutional.

ConclusionIt has been well said Acton.-

“Power corrupts and absolute Power tends to corrupt absolutely” . by LordConferment of power in a single body leads to absolutism. But, even after distinguishing the functions, when an authority wields public power, then providing absolute and sole discretion to the body in the matters regarding its sphere of influence may also cause

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abuse of such power. Therefore, the doctrine of separation of powers is a theoretical concept and is impracticable to follow it absolutely.

The status of modern state is a lot more different than what it used to be. It has evolved a great deal from a minimal, non-interventionist state to an welfare state, wherein it has multifarious roles to play, like that of a protector, arbiter, controller, provider. This omnipresence of the state has rendered its functions becoming diverse and problems, interdependent and any serious attempt to define and separate those functions would cause inefficiency in government. Hence, a distinction is made between ‘essential’ and ‘incidental’ powers of an organ. According to this differentiation one organ can’t claim the powers essentially belonging to other organ because that would be a violation of the principle of separation of powers. But, it can claim the exercise of the incidental functions of another organ. This distinction prevents encroachment of an organ into the essential sphere of activity of the other.

It is the exercise of incidental powers only which has made executive grow everywhere in this social welfare state. It has assumed a vital role but, it has not usurped any role from any other wing. It just happened that the other two organs, namely, judiciary and legislature, became unsuitable for undertaking the functions of this welfare state and as a consequence the functions of the executive increased. As controller and provider, the judicial processes were very time consuming and the legislature was overburdened with work. Therefore, it was in natural scheme of things which made the administrators end up performing a variety of roles in the modern state including those of legislature and judiciary too, to an extent.

Further, the check of the adjudicators over functionings of the other two has been regarded as an ‘essential’ feature of the basic structure theory. The judicial review power is a preventive measure in a democratic country which prevents administrators and law-makers to exercise their whims and caprices on the lay man and turn it into a despotic regime. There have been cases where the judiciary has dictated the ambit of their power to the implementers and the mode to exercise it. Not even the representatives of people are immune to the power of the courts. Two recent Supreme Court judgments- on the cash-for-query case and on the Ninth Schedule – have once again brought the powers and roles of the legislature and the judiciary into focus. In the case of the former, the court upheld the Lok Sabha’s decision to expel members of Parliament, who were caught on camera taking bribes, but clearly rejected the contention that it cannot review parliament’s power to expel MPs and claimed for itself the role of final arbiter on decisions taken by the legislature. The judgment on the Ninth Schedule has curtailed Parliament’s power to keep certain progressive laws outside judicial Review.

In the Second case, i.e., I.R. Coelho vs. State of Tamil Nadu , S.C. took the help of doctrine of basic structure as propounded in Kesavananda Bharati case and said that Ninth Schedule is violative of this doctrine and hence from now on the Ninth Schedule will be amenable to judicial review which also forms part of the basic feature theory. The basic structure theory and the Golden triangle comprising of A.14, 19, and 21, will now be the criterion in scrutiny of the Ninth Schedule. In a democratic country goals are enshrined in the constitution and the state machinery is then setup accordingly. And here it can be seen that constitutional provisions are made as such to support a parliamentary form of government where the principle can’t be followed rigidly. The S.C. rulings also justify that the alternative system of checks and

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balances is the requirement, not the strict doctrine. Constitutionalism, the philosophical concept of the constitution also insists on limitations being placed upon governmental power to secure basic freedoms of the individual. Hence, the conclusion drawn out of the study is that there is no strict separation of powers but the functions of the different branches of the government have been sufficiently differentiated.

Department Name of the Committee.1. Committee on Commerce2. Committee on Home Affairs3. Committee on Human Resource Development4. Committee on Industry5. Committee on Science & Technology,Environment & Forests6. Committee on Transport, Culture and Tourism7. Committee on Agriculture8. Committee on Information Technology9. Committee on Defence10. Committee on Energy11. Committee on External Affairs12. Committee on Finance13. Committee on Food, Civil Supplies andPublic Distribution14. Committee on Labour and Welfare15. Committee on Petroleum & Chemicals16. Committee on Railways17. Committee on Urban and Rural Development

Committee on EstimatesThis Committee consists of 30 members who are elected by the Lok Sabha every year from amongst its members. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main function of the Committee on Estimates is to report what economies, improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates may be effected and to suggest alternative policies in order to bring about efficiency and economy in administration. From time to time the Committee selects such of the estimates pertaining to a Ministry or a group of Ministries or the statutory and other Government bodies as may seem fit to the Committee. The Committee also examines matters of special interest which may arise or come to light in the course of its work or which are  specifically referred to it by the House or the Speaker.

Committee on Public UndertakingsThe Committee on Public Undertakings consists of 15 members elected by the Lok Sabha and 7 members of Rajya Sabha are associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The functions of the Committee on Public Undertakings are—(a) to examine the reports and accounts of Public Undertakings. (b) to examine the reports, if any, of the

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Comptroller and Auditor General on the Public Undertakings. (c) to examine in the context of the autonomy and efficiency of the Public Undertakings whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices. and (d) such other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above and as may be allotted to the Committee by the Speaker from time to time. The Committee does not, however, examine matters of major Government policy and matters of day-to-day administration of the Undertakings.

Committee on Public AccountsThis Committee consists of 15 members elected by the Lok Sabha and 7 members of the Rajya Sabha are associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year.

The main duty of the Committee is to ascertain whether the money granted by Parliament has been spent by Government "within the scope of the Demand". The Appropriation Accounts of the Government of India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the examination of the Committee. Cases involving losses, nugatory expenditure and financial irregularities come in for severe criticism by the Committee. The Committee is not concerned with questions of policy. It is concerned only with the execution of the policy laid down by Parliament and its results.

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CHAPTER - 4

OFFICE OF INDIAN PRESIDENT

Article 52 The President of IndiaThere shall be a President of India.

Article 53 Executive power of the Union

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(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinates to him in accordance with this Constitution.(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defense Forces of the Union Shall is vested in the President and the exercise thereof shall be regulated by law.(3) Nothing in this article shall (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority (b) prevent Parliament from conferring by law functions on authorities other than the President.

Article 54 Election of President

The President shall be elected by the members of an electoral college consisting of(a) the elected members of both Houses of Parliament (b) the elected members of the Legislative Assemblies of the States. Explanation

In this article and in article 55, "State" includes the National Capital Territory of Delhi and the Union territory of Pondicherry.

Article 55 Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the legislative Assembly of each state is entitled to cast at such election shall be determined in the following manner. -

(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly

(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one.(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses

(a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

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(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballotExplanation In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been publishedProvided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.

Article 56 Term of office of President

(1) The President shall hold office for a term of five years from the date on which he enters upon his office.Provided that –

(a) the President may, by writing under his hand addressed to the Vide-President, resign his office.(b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61.(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.(2) Any resignation addressed to the Vice-President under clause

(a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

Article 57 Eligibility for re-electionA person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution be eligible for re-election to that office.

Article 58 Qualifications for election as President

(1) No person shall be eligible for election as President unless he -(a) is a citizen of India.(b) has completed the age of thirty-five years, and(c) is qualified for election as a member of the House of the People.(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.Explanation. For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

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Article 59 Conditions of President's office

(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.(2) The President shall not hold any other office of profit.(3) The President 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.(4) The emoluments and allowances of the President shall not be diminished during his term of office.

Article 60 Oath or affirmation by the PresidentEvery President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say - "I, A.B., do swear in the name of God / solemnly affirm that I will faithfully execute the office of President (or discharge the function of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India."

Article 61 Procedure for impeachment of the President

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.(2) No such charge shall be preferred unless -(a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

Article 62 Time of holding election to fill vacancy in the office of resident and the term of office or person elected to fill casual vacancy

(1) An election to fill a vacancy caused by the expiration of the term of office of President

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shall be completed before the expiration of the term.(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy. and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Article 63 the Vice-President of IndiaThere shall be a Vice-President of India.

Article 64 The Vice-President to be ex-officio Chairman of the Council of StatesThe Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit. Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

Article 65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President

(1) In the event of the occurrence of any vacancy in the office of the President by reason of this death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President have all the powers and immunities of the President and be entitled to such emoluments, allowances and privilegesas 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.

Article 66 Election of Vice-President

(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be by secret ballot.(2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be

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deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.(3) No person shall be eligible for election as Vice-President unless he -(a) is a citizen on India.(b) has completed the age of thirty-five years. and(c) is qualified for election as a member of the Council of States.(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.Explanation. For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President of Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

Article 67 Term of office of Vice-PresidentThe Vice-President shall hold office for a term of five years from the date on which he enters upon his office.Provided that - (a) A Vice-President may, by writing under his hand addressed to the President, resign his office.(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People. but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Article 68 Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy

(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Article 69 Oath or affirmation by the Vice-PresidentEvery Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say - "I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will discharge the duty upon which I am about to enter."

Article 70 Discharge of President's functions in other contingenciesParliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.

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Article 71 Matters relating to, or connected with, the election of a President or Vice-President

(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.

Article 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any persons convicted of any offence - (a) in all cases where the punishment of sentence is by a Court Martial.(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends.(c) in all cases where the sentence is a sentence of death.(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court martial.(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

Article 73 Extent of executive power of the Union

(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend -(a) to the matters with respect to which Parliament has power to make laws. and(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty of agreement.Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws.(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or

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functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.

Article 74 Council of Ministers to aid and advise President

(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

Article 75 Other provisions as to Ministers

(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.(2) The Minister shall hold office during the pleasure of the President.(3) The Council of Ministers shall be collectively responsible to the House of the People.(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.

Article 76 Attorney-General for India

(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

Article 77 Conduct of business of the Government of India

(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the

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President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

Article 78 Duties of Prime Minister as respects the furnishing of information to the President, etc.It shall be the duty of the Prime Minister -(a) to communicate to the President all decisions of the Councilof Ministers relating to the administration of the affairs of the Union and proposals for legislation.(b) to furnish such information relating the administration of the affairs of the Union on and proposals for legislation as the President may call for. and(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

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CHAPTER - 5

PARLIAMENTARY FORM OF GOVERNMENT

 Parliament is the supreme legislative body of a country. Our Parliament comprises of

the President and the two Houses—Lok Sabha (House of the People) and Rajya Sabha

(Council of States). The President has the power to summon and prorogue either House

of Parliament or to dissolve Lok Sabha.

The Constitution of India came into force on January 26, 1950. The first general

elections under the new Constitution were held during the year 1951-52 and the first

elected Parliament came into being in April, 1952, the Second Lok Sabha in April, 1957,

the Third Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok

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Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in

January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in

December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May,

1996, the Twelfth Lok Sabha in March, 1998 and Thirteenth Lok Sabha in October,

1999.

LOK SABHA

Lok Sabha, as the name itself signifies, is the body of representatives of the people. Its

members are directly elected, normally once in every five years by the adult population

who are eligible to vote. The minimum qualifying age for membership of the House is 25

years. The present membership of Lok Sabha is 545. The number is divided among the

different States and Union Territories as follows.

(1) Andhra Pradesh 42

(2) Arunachal Pradesh 2

(3) Assam 14

(4) Bihar 40

(5) Chhattisgarh 11

(6) Goa 2

(7) Gujarat 26

(8) Haryana 10

(9) Himachal Pradesh 4

(10) Jammu & Kashmir 6

(11) Jharkhand 14

(12) Karnataka 28

(13) Kerala 20

(14) Madhya Pradesh 29

(15) Maharashtra 48

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(16) Manipur 2

(17) Meghalaya 2

(18) Mizoram 1

(19) Nagaland 1

(20) Orissa 21

(21) Punjab 13

(22) Rajasthan 25

(23) Sikkim 1

(24) Tamil Nadu 39

(25) Tripura 2

(26) Uttaranchal 5

(27) Uttar Pradesh 80

(28) West Bengal 42

(29) Andaman & Nicobar Islands 1

(30) Chandigarh 1

(31) Dadra & Nagar Haveli 1

(32) Daman & Diu 1

(33) NCT of Delhi 7

(34) Lakshadweep 1

(35) Pondicherry 1

(36) Anglo-Indians (if nominated 2 by the President under Article 331 of the Constitution)

RAJYA SABHA

Rajya Sabha is the Upper House of Parliament. It has not more than 250 members.

Members of Rajya Sabha are not elected by the people directly but indirectly by the

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Legislative Assemblies of the various States. Every State is allotted a certain number of

members. No member of Rajya Sabha can be under 30 years of age.

Twelve of Rajya Sabha members are nominated by the President from persons who

have earned distinction in the fields of literature, art, science and social service.

Rajya Sabha is a permanent body. It is not subject to dissolution but one-third of its

members retire every two years. Rajya Sabha was duly constituted for the first time on

April 3, 1952 and it held its first sitting on May 13, that year.

There are at present 245 members in Rajya Sabha, distributed among different States

and Union Territories as follows.

(1) Andhra Pradesh 18

(2) Arunachal Pradesh 1

(3) Assam 7

(4) Bihar 16

(5) Chhattisgarh 5

(6) Goa 1

(7) Gujarat 11

(8) Haryana 5

(9) Himachal Pradesh 3

(10) Jammu & Kashmir 4

(11) Jharkhand 6

(12) Karnataka 12

(13) Kerala 9

(14) Madhya Pradesh 11

(15) Maharashtra 19

(16) Manipur 1

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(17) Meghalaya 1

(18) Mizoram 1

(19) Nagaland 1

(20) Orissa 10

(21) Punjab 7

(22) Rajasthan 10

(23) Sikkim 1

(24) Tamil Nadu 18

(25) Tripura 1

(26) Uttaranchal 3

(27) Uttar Pradesh 31

(28) West Bengal 16

(29) NCT of Delhi 3

(30) Pondicherry 1

(31) Nominated by the President under 12 Article 80(1)(a) of the Constitution

Presiding Officers

Lok Sabha elects one of its own members as its Presiding Officer and he is called the

Speaker. He is assisted by the  Deputy Speaker who is also elected by Lok Sabha. The

conduct of business in Lok Sabha is the responsibility of the Speaker.

The Vice-President of India is the ex-officio Chairman of Rajya Sabha. He is elected by

the members of an electoral college consisting of members of both Houses of

Parliament. Rajya Sabha also elects one of its members to be the Deputy Chairman.

Functions of Lok Sabha and Rajya Sabha

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The main function of both the Houses is to pass laws. Every Bill has to be passed by

both the Houses and assented to by the President before it becomes law. The subjects

over which Parliament can legislate are the subjects mentioned under the Union List in

the Seventh Schedule to the Constitution of India. Broadly speaking, Union subjects are

those important subjects which for reasons of convenience, efficiency and security are

administered on all-India basis. The principal Union subjects are Defence, Foreign

Affairs, Railways, Transport and Communications, Currency and Coinage, Banking,

Customs and Excise Duties. There are numerous other subjects on which both

Parliament and State Legislatures can legislate.

Under this category mention may be made of economic and social planning, social

security and insurance, labour welfare, price control and vital statistics.

Besides passing laws, Parliament can by means of resolutions, motions for adjournment,

discussions and questions addressed by members to Ministers exercise control over the

administration of the country and safeguard people’s liberties.

Difference between Lok Sabha and Rajya Sabha

(1) Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya

Sabha are elected by the elected members of State Legislative Assemblies in

accordance with the system of proportional representation by means of single

transferable vote.

(2) The normal life of every Lok Sabha is 5 years only while Rajya Sabha is a permanent

body.

(3) Lok Sabha is the House to which the Council of Ministers is responsible under the

Constitution. Money Bills can only be introduced in Lok Sabha. Also it is Lok Sabha

which grants the money for running the administration of the country.

(4) Rajya Sabha has special powers to declare that it is necessary and expedient in the

national interest that Parliament may make laws with respect to a matter in the State List

or to create by law one or more all-India services common to the Union and the States.

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OPENING OF PARLIAMENT BY THE PRESIDENT

Article 87(1) of the Constitution provides.— "At the commencement of the first session

after each general election to the House of the People and at the commencement of the

first session of each year the President shall address both Houses of Parliament

assembled together and inform Parliament of the causes of its summons."

In the case of the first session after each general election to Lok Sabha, the President

addresses both Houses of Parliament assembled together after the Members have

made and subscribed the oath or affirmation and the Speaker has been elected. It takes

generally two days to complete these preliminaries. No other business is transacted till

the President has addressed both Houses of Parliament assembled together and

informed Parliament of the causes of its summons. In the case of the first session of

each year, the President addresses both Houses of Parliament at the time and date

notified for the commencement of the session of both the Houses of Parliament. Half-an-

hour after the conclusion of the Address, both the Houses meet separately in their

respective Chambers when a copy of the President’s Address is laid on the Table and

brought on the record of each House.

No separate summons for the President’s Address are issued to members. They are

informed of the date, time and place fixed for the President’s Address through a

Parliamentary Bulletin. At the time fixed for the President’s Address, Members of both

Houses of Parliament assemble together in the Central Hall of the Parliament House

where the President delivers his Address. New members who have not already made

and subscribed the oath or affirmation are admitted to the Central Hall on the occasion

of the President’s Address on production of either the certificate of election granted to

them by the Returning Officer or the summons for the session issued to them. In the

Central Hall, Prime Minister, Cabinet Ministers, Deputy Speaker, Lok Sabha and Deputy

Chairman, Rajya Sabha  are allotted seats in the first row. Other Ministers are also

allotted a block of seats. The Leaders of the Opposition in Lok Sabha and in Rajya

Sabha are allotted seats in the first row. Leaders of other Parties/Groups in both the

Houses are also allotted suitable seats. Members of Panel of Chairmen and Chairmen of

Parliamentary Committees are allotted seats in the second row. The Members are free

to occupy other seats which are not allotted/earmarked.                                 

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The President’s Address to both the Houses of Parliament assembled together is a

solemn and formal act under the Constitution. Utmost dignity and decorum befitting the

occasion are maintained. Any action on the part of a Member which mars the occasion

or creates disturbance is punishable by the House to which that Member belongs.

Members are expected to take their seats five minutes before the  President arrives in

the Central Hall.

The visitors, who are issued passes for this occasion, are also requested to be in their

seats half-an-hour before the time fixed for the President’s Address. It is a convention

that no Member leaves the Central Hall while the President is addressing. The President

arrives at the Parliament House (North West portico) in the State Coach or in the car and

is received at the Gate by the Chairman, Rajya Sabha, the Prime Minister, the Speaker,

Lok Sabha, Minister of Parliamentary Affairs  and Secretaries-General of the two

Houses. The President is conducted to the Central Hall in a procession. On the passage

from the Gate to the Central Hall from where the procession passes, red baize cloth is

spread.

Just when the procession enters the gangway of the Central Hall, the Marshal who has

taken his position at the dais, announces the arrival of the President by saying [Hon’ble

Members, Hon’ble the President] Almost simultaneously two trumpeters positioned in the

Gallery above the dais sound the fanfare till the President arrives at the dais. Thereupon,

Members rise in their places and remain standing until the President has taken his seat

on the dais.

On reaching the floor of Central Hall in front of the dais, the procession bifurcates. the

President, the Chairman of Rajya Sabha and the Speaker of Lok Sabha move towards

their seats on the dais — the Chairman to the right and the Speaker to the left of the

President who occupies the middle seat. The Secretaries-General and other Officers in

the procession move towards the chairs placed for them in the pit of the Central Hall on

either side of the dais. When President reaches his seat on the dais, a band positioned

in the Lobby of the Central Hall to the right of the President, plays the National Anthem

during which time everyone remains standing. Thereafter, as the President takes his

seat, Presiding Officers and Members resume their seats. The President then addresses

the Members in Hindi or English. The other version of the Address is read out by the

56

Chairman of the Rajya Sabha. After the conclusion of the Address, the President rises in

his seat followed by the members when the National Anthem is played again. The

President, thereafter, leaves the Central Hall in a procession which is formed in the

same manner as at the time of his arrival. The members remain standing till the

procession leaves the Central Hall. On reaching the gate, the President takes leave of

the Chairman, Rajya Sabha, the Prime Minister, the Speaker, Lok Sabha and Minister of

Parliamentary Affairs. The Secretaries-General of the two Houses are also present at

the occasion. Thereafter, the President leaves for the Rashtrapati Bhawan.

BUDGET IN PARLIAMENT

With the emergence of Welfare State, Governments have come to look after virtually

every sphere of human life. They have to perform manifold functions from maintaining

law and order, protecting their territories to implementation of plans for economic and

social betterment. Besides, they provide a variety of social services like education,

health, employment and housing to the people. Needless to say, Government require

adequate resources to discharge these functions effectively. Where is this money to

come from and who is to sanction the funds? The necessary funds are mobilised from

the country’s resources by way of taxes both direct and indirect, loans both long-term

and short-term, to meet the Governmental expenditure. In India, the principal sources of

revenue are customs and excise duties and Income-tax on individuals and companies.

Need for Budget

It is not as if the Government can tax, borrow and spend money the way it likes. Since

there is a limit to the resources, the need for proper budgeting arises to allocate scarce

resources to various Governmental activities. Every item of expenditure has to be well

thought out and total outlay worked out for a specific period. Prudent spending is

essential for the stability of a Government and proper earnings are a pre-requisite to

wise spending. Hence, planned expenditure and accurate foresight of earnings are sine-

qua-non of sound Governmental finance.

Parliamentary Control over Finance

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Ours is a Parliamentary system of Government based on Westminster model. The

Constitution has, therefore, vested the power over the purse in the hands of chosen

representatives of the people thus sanctifying the principle ‘no taxation without

representation’. Preparation of Budget for the approval of the Legislature is a

Constitutional obligation of the Government both at the Centre and the State levels.

Legislative prerogative over taxation, legislative control over expenditure and executive

initiative in financial matters are some of the fundamental principles of the system of

Parliamentary financial control.

There are specific provisions in the Constitution of India incorporating these tenets. For

example, article 265 provides that ‘no tax shall be levied or collected except by authority

of law’. no expenditure can be incurred except with the authorisation of the Legislature

(article 266). and President shall, in respect of every financial year, cause to be laid

before Parliament, Annual Financial Statement (article 112). These provisions of our

Constitution make the Government accountable to Parliament.

The Budget

The ‘Annual Financial Statement’, laid before both the Houses of Parliament constitutes

the Budget of the Union Government. This statement takes into account a period of one

financial year. The financial year commences in India on 1st April each year. The

statement embodies the estimated receipts and expenditure of the Government of India

for the financial year.

Demands for Grants

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The estimates of expenditure included in the Budget and required to be voted by Lok

Sabha are in the form of Demands for Grants. These Demands are arranged Ministry-

wise and a separate Demand for each of the major services is presented. Each Demand

contains first a statement of the total grant and then a statement of the detailed estimate

divided into items.

Railway Budget

The Budget of the Indian Railways is presented separately to Parliament and dealt with

separately, although the receipts and expenditure of the Railways form part of the

Consolidated Fund of India and the figures relating to them are included in the ‘Annual

Financial Statement’.

Presentation

In India, the Budget is presented to Parliament on such date as is fixed by the President.

The Budget speech of the Finance Minister is usually in two parts. Part A deals with

general economic survey of the country while Part B relates to taxation proposals.

General Budget was earlier being presented at 5 P.M. on the last working day of

February, but since 1999 the General Budget is being presented at 11 A.M. on the last 

working day of February, i.e. about a month before the commencement of the Financial

year except in the year when General Elections to Lok Sabha are held. In an election

year, Budget may be presented twice—first to secure Vote on Account for a few months

and later in full.

The General Budget is presented in Lok Sabha by the Minister of Finance. He makes a

speech introducing the Budget and it is only in the  concluding part of his speech that the

proposals for fresh taxation or for variations in the existing taxes are disclosed by him.

The ‘Annual Financial Statement’ is laid on the Table of Rajya Sabha at the conclusion

of the speech of the Finance Minister in Lok Sabha.

Budget Documents

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Alongwith the ‘Annual Financial Statement’ Government presents the following

documents. an Explanatory Memorandum briefly explaining the nature of receipts and

expenditure during the current year and the next year and the reasons for variations in

the estimates for the two years, the Books of Demands showing the provisions Ministry-

wise and a separate Demand for each Department and service of the Ministry. The

Finance Bill which deals with the taxation measures proposed by Government is

introduced immediately after the presentation of Budget. It is accompanied by a

memorandum explaining the provisions of the Bill and their effect on the finances of the

country.

Vote on Account

The discussion on the Budget begins a few days after its presentation. In a democratic

set-up, Government is anxious to give Parliament full opportunity to discuss the

budgetary provisions and the various proposals for taxation. Since Parliament is not able

to vote the entire budget before the commencement of the new financial year, the

necessity to keep enough finance at the disposal of Government in order to allow it to

run the administration of the country remains. A special provision is, therefore, made for

"Vote on Account" by which Government obtains the  Vote of Parliament for a sum

sufficient to incur expenditure on various items for a part of the year.

Normally, the Vote on Account is taken for two months only. But during election year or

when it is anticipated that the main Demands and Appropriation Bill will take longer time

than two months, the Vote on Account may be for a period exceeding two months.

Discussion

The Budget is discussed in two stages in Lok Sabha. First, there is the General

Discussion on the Budget as a whole. This lasts for about 4 to  5 days. Only the broad

outlines of the Budget and the principles and policies underlying it are discussed at this

stage.

Consideration of the Demands by Standing Committees of Parliament

60

After the first stage of General Discussion on both Railway as well as General Budget is

over, the House is adjourned for a fixed period. During this period, the Demands for

Grants of various Ministries/Departments including Railways are considered by

concerned Standing Committees (Rule 331G). These Committees are required to make

their reports to the House within specified period without asking for more time. The

system of consideration of Demands for Grants by the Standing Committees was

introduced from the Budget for the year 1993-94. The Standing Committee consists of

45 Members, 30 from Lok Sabha and 15 from Rajya Sabha. The reports of the Standing

Committees are of persuasive nature (Rule 331N). The report shall not suggest anything

of the nature of cut motions.

After the reports of the Standing Committees are presented to the House, the House

proceeds to the discussion and Voting on Demands for Grants, Ministry-wise. The time

for discussion and Voting of Demands for Grants is allocated by the Speaker in

consultation with the Leader of the House. On the last day of the allotted days, the

Speaker puts all the outstanding Demands to the Vote of the House. This device is

popularly known as ‘guillotine’. Lok Sabha has the power to assent to or refuse to give

assent to any Demand or even to reduce the amount of Grant sought by Government. In

Rajya Sabha there is only a General Discussion on the Budget. It does not vote on the

Demands for Grants. Only so much of the amount is subject to the vote of Lok Sabha as

is not a "charged" expenditure on the Consolidated Fund of India. The "charged"

expenditure includes the emoluments of the President and the salaries and allowances

of the Chairman and Deputy Chairman of Rajya Sabha and the Speaker and Deputy

Speaker of Lok Sabha, Judges of Supreme Court, Comptroller and Auditor General of

India and certain other items specified in the Constitution of India. Discussion in Lok

Sabha on ‘charged’ expenditure is permissible but such expenditure is not voted by the

House. Members have full opportunity to criticise the budgetary provisions during the

course of discussion as also to make suggestions for improving the financial position of

the country.

Cut Motions

61

Motions for reduction to various Demands for Grants are made in the form of Cut

Motions seeking to reduce the sums sought by Government on grounds of economy or

difference of opinion on matters of policy or just in order to voice a grievance. 

Appropriation Bill

After the General Discussion on the Budget proposals and Voting on Demands for

Grants have been completed, Government introduces the Appropriation Bill. The

Appropriation Bill is intended to give authority to Government to incur expenditure from

and  out of the Consolidated Fund of India. The procedure for passing this Bill is the

same as in the case of other money Bills.

Finance Bill

The Finance Bill seeking to give effect to the Government’s taxation proposals which is

introduced in Lok Sabha immediately after the presentation of the General Budget, is

taken up for consideration and passing after the Appropriation Bill is passed. However,

certain provisions in the Bill relating to levy and collection of fresh duties or variations in

the existing duties come into effect immediately on the expiry of the day on which the Bill

is introduced by virtue of a declaration under the Provisional Collection of Taxes Act.

Parliament has to pass the Finance Bill within 75 days of its introduction.

Supplementary/Excess Grants

No expenditure in excess of the sums authorised by Parliament can be incurred without

the sanction of Parliament. Whenever a need arises to incur extra expenditure, a

Supplementary estimate is laid before Parliament. If any money has been spent on any

service during a financial year in excess of the amounts granted for that service and for

that year, the Minister of Finance/ Railways presents a Demand for Excess Grant. The

procedure followed in Parliament in regard to Supplementary/Excess Grants is more or

less the same as is adopted in the case of estimates included in the General Budget.

Budget of a State/Union Territory under President’s Rule

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Budget of a State under President’s rule is presented to Lok Sabha. The procedure

followed in regard to the Budget of the Union Government is followed in the case of

State Budget also with such variations or modifications, as the Speaker may make.

HOW A BILL BECOMES AN ACT

A Bill is the draft of a legislative proposal. It has to pass through various stages before it

becomes an Act of Parliament.

First Reading

The legislative process starts with the introduction of a Bill in either House of Parliament

—Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a

private member. In the former case it is known as a Government Bill and in the latter

case it is known as a Private Member’s Bill.

It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If

leave is granted by the House, the Bill is introduced.  This stage is known as the First

Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Speaker

may, in his discretion, allow brief explanatory statement to be made by the member who

opposes the motion and the member-in-charge who moved the motion.  Where a motion

for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation

outside the legislative competence of the House, the Speaker may permit a full

discussion thereon. Thereafter, the question is put to the vote of the House. However,

the motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to

the vote of the House.

Publication in Gazette

After a Bill has been introduced, it is published in the Official Gazette. Even before

introduction, a Bill might, with the permission of the Speaker, be published in the

Gazette.

In such cases, leave to introduce the Bill in the House is not asked for and the Bill is

straightaway introduced.

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Reference of Bill to Standing Committee

After a Bill has been introduced, Presiding Officer of the concerned House can refer the

Bill to the concerned Standing Committee for examination and make report thereon.

If a Bill is referred to Standing Committee, the Committee shall consider the general

principles and clauses of the Bill referred to them and make report thereon. The

Committee can also take expert opinion or the public opinion who are  interested in the

measure. After the Bill has thus been considered, the Committee submits its report to

the House. The report of the Committee, being of persuasive value shall be treated  as

considered advice given by the Committees.

Second Reading

The Second Reading consists of consideration of the Bill which is in two stages.

First Stage. The first stage consists of general discussion on the Bill as a whole when

the principle underlying the Bill is discussed. At this stage it is open to the House to refer

the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to

circulate it for the purpose of eliciting opinion thereon or to straightaway take it into

consideration.

If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-

by-clause just as the House does. Amendments can be moved to the various clauses by

members of the Committee. The Committee can also take evidence of associations,

public bodies or experts who are interested in the measure. After the Bill has thus been

considered, the Committee submits its report to the House which considers the Bill again

as reported by the Committee. If a Bill is circulated for the purpose of eliciting public

opinion thereon, such opinions are obtained through the Governments of the States and

Union Territories. Opinions so received are laid on the Table of the House and the next

64

motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not

ordinarily permissible at this stage to move the motion for consideration of the Bill.

Second Stage. The second stage of the Second Reading consists of clause-by-clause

consideration of the Bill as introduced or as reported by Select/Joint Committee.

Discussion takes place on each clause of the Bill and amendments to clauses can be

moved at this stage. Amendments to a clause have been moved but not withdrawn are

put to the vote of the House before the relevant clause is disposed of by the House. The

amendments become part of the Bill if they are accepted by a majority of members

present and voting. After the clauses, the Schedules if any, clause 1, the Enacting

Formula and the Long Title of the Bill have been adopted by the House, the Second

Reading is deemed to be over.

 Third Reading

Thereafter, the member-in-charge can move that the Bill be passed. This stage is known

as the Third Reading of the Bill. At this stage the debate is confined to arguments either

in support or rejection of the Bill without referring to the details thereof further than that

are absolutely necessary. Only formal, verbal or consequential amendments are allowed

to be moved at this stage. In passing an ordinary Bill, a simple majority of members

present and voting is necessary. But in the case of a Bill to amend the Constitution, a

majority of the total membership of the House and a majority of not less than two-thirds

of the members present and voting is required in each House of Parliament.

Bill in the other House

After the Bill is passed by one House, it is sent to the other House for concurrence with a

message to that effect, and there also it goes through  the stages described above

except the introduction stage.

Money Bills

Bills which exclusively contain provisions for imposition and abolition of taxes, for

appropriation of moneys out of the Consolidated Fund, etc., are certified as Money Bills.

65

Money Bills can be introduced only in Lok Sabha. Rajya Sabha cannot make

amendments in a Money Bill passed by Lok Sabha and transmitted to it. It can, however,

recommend amendments in a Money Bill, but must return all Money Bills to Lok Sabha

within fourteen days from the date of their receipt. It is open to Lok Sabha to accept or

reject any or all of the recommendations of Rajya Sabha with regard to a Money Bill. If

Lok Sabha accepts any of the recommendations of Rajya Sabha, the Money Bill is

deemed to have been passed by both Houses with amendments recommended by

Rajya Sabha and accepted by Lok Sabha and if Lok Sabha does not accept any of the

recommendations of Rajya Sabha, Money Bill is deemed to have been passed by both

Houses in the form in which it was passed by Lok Sabha without any of the amendments

recommended by Rajya Sabha. If a Money Bill passed by Lok Sabha and transmitted to

Rajya Sabha for its recommendations is not returned to Lok Sabha within the said period

of fourteen days, it is deemed to have been passed by both Houses at the expiration of

the said period in the form in which it was passed by Lok Sabha.

QUESTION HOUR IN LOK SABHA

Generally, the first hour of a sitting of Lok Sabha is devoted to Questions and that hour

is called the Question Hour. It has a special significance in the proceedings of

Parliament.

Asking of questions is an inherent and unfettered parliamentary right of members. It is

during the Question Hour that the members can ask questions on every aspect of

administration and Governmental activity. Government policies in national as well as

international spheres come into sharp focus as the members try to elicit pertinent

information during the Question Hour.

The Government is, as it were, put on its trial during the Question Hour and every

Minister whose turn it is to answer questions has to stand up and answer for his or his

administration’s acts of omission and commission. Through the Question Hour the

Government is able to quickly feel the pulse of the nation and adapt its policies and

actions accordingly. It is through questions in Parliament that the Government remains

in touch with the people in as much as members are enabled thereby to ventilate the

grievances of the public in matters concerning the administration. Questions enable

Ministries to gauge the popular reaction to their policy and administration. Questions

66

bring to the notice of the Ministers many an abuse which otherwise would have gone

unnoticed. Sometimes questions may lead to the appointment of a commission, a court

of enquiry or even legislation when matters raised are grave enough to agitate the public

mind and are of wide public importance.

The Question Hour is an interesting part of the Parliamentary proceedings. Although a

question mainly seeks information and tries to elicit facts on a particular subject, there

are many a time lively and quicksilver repartees between the Members asking the

questions and the Ministers answering them. These repartees are sometimes coupled

with flashes of wit and humour. That is why the public galleries and the press galleries

are packed to capacity during the Question Hour.

Telecasting of Question Hour

With a view to familiarising the public at large about the manner in which the

proceedings of the Houses of Parliament are conducted in the Question Hour and how

their representatives raise various issues of national/international importance,

proceedings of the Question Hour are being telecast since 2 December 1991. Earlier the

pre-recorded proceedings of the Question Hour were telecast by Doordarshan on the

following day in the morning. From 7 December 1994, the proceedings of the Question

Hour of both the Houses are being telecast live on alternate weeks throughout the

country on the national channel of Doordarshan from 1100 hrs. To 1200 hrs. All India

Radio is also broadcasting the proceedings of the Question Hour of both the Houses

from 2200 hrs. To 2300 hrs. in the same night on their national hook up. It has been

arranged in such a manner that during the telecast of the Question Hour of one House

by Doordarshan, the Question Hour of the Other House is broadcast by All India Radio.

In addition, the proceedings of the Question Hour and the entire post-lunch proceedings

of Lok Sabha are being telecast live on a separate terrestrial channel through a Low

Power Transmitter (LPT) with a reach of 10-15 kms, installed in Parliament House. The

entire proceedings of Rajya Sabha are also being telecast live daily since 7 December

1994 through a separate LPT.

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Types of Questions

Questions are of four types.—

Starred, Unstarred, Short Notice Questions and Questions addressed to private

Members

A Starred Question is one to which a member desires an oral answer in the House and

which is distinguished by an asterisk mark. When a question is answered orally,

supplementary questions can be asked thereon. Only 20 questions can be listed for oral

answer on a day.

Un starred Question is one which is not called for oral answer in the House and on which

no supplementary questions can consequently be asked. To such a question, a written

answer is deemed to have been laid on the Table after the Question Hour by the

Minister to whom it is addressed. It is printed in the official report of the sitting of the

House for which it is put down. Only 230 questions can be listed for written answer on a

day. In addition to this, 25 more questions can also be included in the Unstarred List

relating to the States under Presidential Rule and the total number of questions in the list

of Unstarred Questions for a day may not exceed 255 in relaxation of normal limit of 230

questions.

A Short Notice Question is one which relates to a matter of urgent public importance and

can be asked with shorter notice than the period of notice prescribed for an ordinary

question. Like a starred question, it is answered orally followed by supplementary

questions.

The Question to a Private Member is addressed to the Member himself/herself and it is

asked when the subjectmatter of it pertains to any Bill,  Resolution or any matter relating

to the Business of the House for which that Member is responsible. For such Questions,

the same procedure is followed as in the case of Questions addressed to a Minister with

such variations as the Speaker may consider necessary or convenient.

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Notices of Questions

A member gives notice in writing addressed to the Secretary-General, Lok Sabha,

intimating his intention to ask a question. Besides the text of the question, the notice

states clearly the official designation of the Minister to whom the question is addressed

as also the date on which the question is desired to be placed on the list of questions for

answer as also the order of preference, if any, for its being placed on the list of questions

when a member tables more than one notice of questions for the same day.

The normal period of notice of a question is not more than twenty-one and not less than

ten clear days. A short notice question can be asked with a notice shorter than ten days,

but the member has to state briefly the reasons for asking the question at short notice.

Procedure in Lok Sabha Secretariat

On receipt of the notice of a question it is scrutinised to see that the designation of the

Minister and date of answer have been correctly mentioned in the notice. A preliminary

ballot of identical questions is held and the member who obtains priority is deemed to

have tabled the question. A ballot is then held in respect of notices received in this

Secretariat at the same time to determine their inter se priority. Separate ballots are held

for starred and unstarred questions. Starred, unstarred and short notice questions are

numbered separately and entered in separate diaries on computer software.

The next stage is to examine the question as to whether or not it is admissible under the

rules and past precedents. A question is primarily  asked for the purpose of obtaining

information on a matter of public importance. Questions that contain arguments,

inferences or defamatory statements or otherwise refer to the character or conduct of

any person except in his official or public capacity, are not admitted.  Questions which

are in substance repetitions of those that have been answered previously or in regard to

which information is available in accessible documents or in ordinary works of reference

are also not admitted. Besides, if the subject matter of a question is pending for

judgement before any court of law or any other tribunal or body set up under law or is

under consideration before a Parliamentary Committee, the same is not permitted to be

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asked. Questions making discourteous references to foreign countries with whom India

has friendly relations are disallowed. Similarly, questions raising larger issues of policy

are not allowed for it is not possible to enunciate policies within the limited compass of

an answer to a question. Questions containing more than 150 words or relating to a

matter which is not primarily the concern of the Government of India are not admitted.

Questions going into minor details of administration and day-to-day working of the

Government/Organisations are also not admitted.

Keeping the above rules and precedents in view, a question is admitted or disallowed.

Typed copies of the admitted and edited questions are then made out on a standard

form. An advance copy of the admitted question is informally collected by the

Ministry/Department concerned so that they may on their side initiate the action for

collection of information asked for in the question to prepare a reply.

A Short Notice Question which is of wide public importance is first referred to the

Ministry concerned if necessary for furnishing factual information in the matter and also

for indicating whether the Minister concerned accepts the short notice and, if so, what

date will be convenient to him to answer the question. If the Minister accepts the short

notice and the matter sought to be raised is considered by the Speaker, urgent, the

Short Notice Question is admitted and printed in a separate list on the light pink paper in

order to distinguish from lists of ordinary questions. The Short Notice Question is taken

up after the Question Hour.

Allotment of Days for Questions

Immediately on the fixation of the dates of sittings of a session of Lok Sabha, allotment

is made of the days available for the answering of questions relating to the various

Ministries of Government of India. For this purpose the various Ministries are divided into

five Groups and fixed days are allotted to groups of Ministries during the week. There is

no Question Hour on Saturday, if a sitting is fixed for that day. Separate lists are

prepared for starred and unstarred questions which have been admitted. Admitted

questions are entered in the List of Questions for the day for oral or written answers as

the case may be, in the order of priority obtained in ballot with the orders of the Speaker.

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Not more than five questions are admitted in the name of a member for each sitting of

which not more than one is put down for oral answer. While compiling the list of

unstarred questions, care is taken to see that one question of each member is included

in the list of questions of that date. The remaining unstarred questions are thereafter put

in the list according to inter se priority obtained in the ballot. A serial number is allotted to

each question. Normally not more than twenty questions are placed on the list of

questions for oral answers and not more than two hundred and thirty questions are

placed on the list of questions for written answers on any one day. The Ministries are

supplied with the lists of finally admitted questions at least 5 days before the date fixed

for asking the questions.

Mode of Asking Questions

The member whose question has been admitted and which is included in the list of

questions for oral answers for a particular day, rises in his/her seat when the turn of

his/her question comes and asks his/her question by reading out its number on the list of

questions. The Minister concerned answers the question. Thereafter the member who

had asked the question can ask only two supplementary questions. After him/her the

second member whose name is clubbed on the question is allowed to ask one

supplementary question. Thereafter, the Speaker allows one supplementary each to

members who are able to catch his eye. The number of such members depends on the

importance of the question. Then the next question is taken up. The replies to questions

not reached for oral answer during the Question Hour are deemed to have been laid on

the Table of Lok Sabha.   

At the end of the Question Hour, i.e. after the questions for oral answer have been

answered, Short Notice Question, if any, for that day is taken up and disposed of in the

same way as the questions for oral answers.

Half-an-Hour Discussion

Where answer to a question whether Starred or Unstarred needs elucidation on a matter

of fact, any member can table a notice for raising Half-an-Hour Discussion thereon. If the

notice is admitted and gets priority in ballot such a discussion may be allowed by the

Speaker. Normally, such discussions are held on three days in a week, viz., Monday,

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Wednesday and Friday except in Budget Session when such discussion is normally not

held till the financial business is completed. The discussion is usually held from 17.30 to

18.00 hrs. During the discussion, the member who has given notice makes a short

statement and not more than four other members, who have given advance notice

before 11.00 hours on the day on which discussion is to be held are permitted to ask a

question each for further elucidating any matter of fact. Thereafter, the Minister

concerned replies.

INDIAN PARLIAMENTARY GROUP

Origin

The Indian Parliamentary Group is an autonomous body formed in the year 1949 in

pursuance of a Motion adoptedby the Constituent Assembly (Legislative) on 16 August,

1948.

Membership

Membership of the Indian Parliamentary Group is open to all Members of Parliament and

ex-Members of Parliament. A Member of Parliament can become a life Member of the

Group on payment of life subscription of Rs. 500/-. Members of Parliament desirous of

joining the Group may send an application together with the life subscription to the

Secretary-General of Lok Sabha (who is ex-officio Secretary-General of the Group),

Parliament House, New Delhi in the prescribed form available in Parliamentary Notice

Offices of Lok Sabha and Rajya Sabha and also in the Conference Branch of the Lok

Sabha Secretariat.

Aims and Objects

The aims and objects of the Indian Parliamentary Group are.—

(i) To promote personal contacts between Members of Parliament.

(ii) To study questions of public importance that are likely to come up before Parliament

and arrange Seminars and discussions and orientation  courses and bring out

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publications for the dissemination of information to the Members of the Indian

Parliamentary Group.

(iii) To arrange lectures on political, defence, economic, social and educational problems

by Members of Parliament and distinguished persons. and

(iv) To arrange visits to foreign countries with a view to develop contacts with Members

of other Parliaments.

Organisation

The management and control of the affairs of the Group are vested in the Executive

Committee consisting of the President, two Vice-Presidents, the Treasurer and 16

Members. The Speaker of Lok Sabha is the ex-officio President of the Group and the

Executive Committee. The Deputy Chairman of Rajya Sabha and the Deputy Speaker of

Lok Sabha are ex-officio Vice-Presidents of the Group. The Treasurer and Members of the

Executive Committee are elected at the Annual General Meeting from amongst the Life

Members of the Group.

Activities

The Group acts as a link between the Parliament of India and the various Parliaments of

the world. This link is maintained through exchange of delegations, goodwill missions,

correspondence, documents etc. with foreign Parliaments. The Indian Parliamentary

Group functions as the (a) National Group of the Inter-Parliamentary Union1, and (b)

Main Branch of the Commonwealth Parliamentary Association* in India. Addresses to

Members of Parliament by the visiting Heads of States and Governments of foreign

countries and talks by eminent persons are arranged under the auspices of the Group.

Seminars and Symposia on Parliamentary subjects of topical interest are organised

periodically at national as well as international level. Members of the Group when visiting

abroad are given letters of introduction to the Secretaries of the National Groups of the

IPU and Secretaries of the CPA Branches. The Indian Missions in the countries of visit

are also suitably informed so as to enable them to get assistance and usual courtesies.

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As per decision of the Executive Committee of the Indian Parliamentary Group, only

those Members of Parliament who are Members of the Group of at least six months

standing at the time of the composition of the Delegation may be included in the Indian

Parliamentary Delegations to foreign countries.

IPG Newsletter

An uninterrupted flow of information to Members regarding the activities of the Group is

maintained through IPG Newsletter brought out every quarter. It is sent regularly to all

Members of the Group including Associate Members.

Outstanding Parliamentarian Award

An award for Outstanding Parliamentarian was instituted by the Indian Parliamentary

Group in the year 1995. The First and Second awards for  the years 1995 and 1996

were conferred on Shri Chandrashekhar and Shri Somnath Chatterjee respectively. The

Third and Fourth awards for the years 1997 and 1998 were conferred on Shri Pranab

Mukherjee and Shri S. Jaipal Reddy respectively. The Fifth, Sixth, Seventh and Eighth

awards for the years 1999, 2000, 001 and 2002 were conferred on Shri L. K. Advani,

Shri Arjun Singh, Shri Jaswant Singh and Dr. Manmohan Singh respectively.

Parliamentary Friendship Groups

To encourage bilateral relations, IPG has decided to constitute Parliamentary Friendship

Groups with other Countries in the Parliament. Each Friendship Group shall consist of at

least twenty two sitting Members of Parliament (15 from Lok Sabha and 7 from Rajya

Sabha) in proportion to the strength of Parties in Lok Sabha and Rajya Sabha. The Aims

and Objectives of the Group are, to maintain political, social and cultural contacts

between the two countries and to assist in having exchanges of information and

experiences on issues relating to Parliamentary activities.

Advantages of Membership of the IPG

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The main advantage of membership of the Indian Parliamentary Group, insofar as it

functions as the Main Branch of the Commonwealth Parliamentary Association in India,

are as follows.—

(a) Travel facilities and concession. In some countries of the Commonwealth train fares

at reduced rates are available to visiting members of the Association and in some cases,

to their families also.

(b) Introductions and hospitality. Every CPA Branch uses its best endeavours to ensure

that visiting members, especially when carrying letters of introduction from their

Branches, shall be warmly received and shall enjoy parliamentary privileges and other

facilities during their visit.

(c) Preferential Treatment. The Commonwealth Parliamentary Association has arranged

that its members, when visiting a Commonwealth country shall receive preferential

treatment as parliamentarians. A visiting member is granted access to galleries, lobbies,

dining and smoking rooms of the Parliament of the host Branch, so that he may hear

debates and meet fellow members of the Association.

 (d) Free supply of periodicals. The Parliamentarian, which is a periodical published by

the Commonwealth Parliamentary Association, London, is supplied free to the members

of the Indian Parliamentary Group on request made in the prescribed form available in

the Conference Branch of Lok Sabha Secretariat.        

AMENITIES FOR MEMBERS OF PARLIAMENT

After election to Parliament, the members become entitled to certain amenities. These

amenities are provided to members with a view to enable them to function effectively as

Members of Parliament.

Broadly speaking, the amenities provided to the members relate to salaries and  

allowances, travelling facilities, medical facilities, accommodation, telephones, etc.

These are governed by the Salary, Allowances and Pension of Members of Parliament

Act, 1954 and the rules made thereunder.

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Salary and Daily Allowance

With the commencement of Salary, Allowances and Pension of Members of Parliament

(Amendment) Act, 2001, the amount of salary has been increased from rupees four

thousand to rupees twelve thousand per mensem for a period of five years w.e.f. 14

September 2001. Similarly, the amount of daily allowance has been increased from

rupees four hundred to rupees five hundred for each day of residence on duty at a place

where a session of a House of Parliament or a sitting of a Committee thereof is held.

After the expiry of the period of five years, the above amount may be determined by the

Government by introducing an amendment in the above provision.

Provided that no member shall be entitled to the aforesaid allowance unless he signs the

register, maintained for this purpose by the Secretariat of the House of the People or, as

the case may be, Council of States on all the days (except intervening holidays for which

no such signing is required) of the session of the House for which the allowance is

claimed.

A member is also entitled to daily allowance for a period of such residence, not

exceeding three days immediately preceding or succeeding the session of the House

and not exceeding two days preceding or succeeding the sitting of a Committee, or for

the purpose of attending to any other business connected with his/her duties as a

Member of Parliament.

Constituency Allowance

A member is entitled to receive the constituency allowance at the rate of rupees ten

thousand per mensem.

Office Expense Allowance

Every member is entitled to office expense allowance @ Rs. 14,000 per month out of

which Rs. 3,000 is for meeting expenses on stationery items etc.. Rs. 1000 for franking

the letters. and Rs. 10,000 is paid by the Lok Sabha/Rajya Sabha Secretariats direct to

the person(s) as may be engaged by a member for obtaining secretarial assistance.

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Traveling Allowance/Travel Facilities

A member is entitled to the following traveling allowances for the journey performed by

him for attending a session of the House or a sitting of a Committee or for the purpose of

attending to any other business connected with his/her duties as a member from his/her

usual place of residence to the place where the above-mentioned business is transacted

and for return journey from such place to his/her usual place of residence.

(a) If the journey is performed by rail, an amount equal to one first class fare plus one

second class fare irrespective of the class in which the member actually travels.

(b) If the journey is performed by air, an amount equal to one and one-fourth of the air

fares for each such journey.

(c) If the journey or any part thereof cannot be performed by rail or air—

(i) Where the journey or any part thereof is performed by steamer an amount equal to

one and three-fifths of the fare (without diet) for the highest class in the steamer.

(ii) Where the journey or any part thereof is performed by road, a road mileage at the

rate of rupees eight per kilometer.

Provided that where a member performs journey by road in Delhi from and to an

aerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for

each such journey.

A member is entitled to receive road mileage for the journey performed by road between

the places not connected with the superfast/express/mail train. However, the

members belonging to north-eastern States are entitled to road mileage from the usual

place of residence to the nearest airport even if the places connected by super

fast/express/mail train. Similarly a member whose usual place of residence is within the

radius of 300 kms. From Delhi is entitled to receive road mileage for the journey

performed by road even if the place is connected with super fast/express/mail train.

For the purpose of claiming traveling allowance for attending a session of Parliament or

a sitting of a Committee, members are required to travel only after the issue of

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Summons for attending a session or after the issue of notice of meeting for attending the

meeting of a Committee. Besides, a member is also entitled to receive travelling and

daily allowances in respect of a journey performed by him/ her in the course of a tour

outside India, undertaken in the discharge of his/her duties as such member. If, during a

session of the House or a sitting of a Committee thereof, a member absents

himself/herself for less than 15 days for visiting any place in India, he/she is entitled to

receive the following travelling allowance.

(a) If the journey is performed by rail, an amount equal to one first class fare of each

such journey, irrespective of the class in which the member actually travels.

The travelling allowance admissible in respect of such journey is limited to the total

amount of daily allowances  which would have been admissible to such member for the

days of absence if he/she had not so remained absent.

(b) If the journey being a journey during a sitting of a committee is performed by air, an

amount equal to one  fare by air for each such journey but not more than once for

visiting any place in India.

When a House of Parliament is adjourned for a fixed period during Budget Session, a

member is entitled to receive travelling allowance for every journey performed by air for

visiting any place in India during interval not exceeding seven days between two sittings

of a Departmentally Related Standing Committee. But the total amount of travelling

allowance, excluding air fare, is restricted to the amount of daily allowance which would

have been admissible to him for the days of absence if he had not remained absent.

 Every member has been given the facility of 32 air journeys during a year to be availed

of during session/inter-session period with the spouse or any number of companions or

relatives. The spouse/companion of a member may travel alone by air eight time to meet

the member out of the 32 air journeys available to a member in a year. The newly

elected member may also avail of the journey before the publication of Notification by

Election Commission. Any journey performed by the spouse, companions or relatives

shall be added in computing the limit of 32 air journeys. Further, the balance of unused

air journeys shall be carried over to the following year. A member who performs air

journey out of 32 air journeys to his usual place of residence or any place situated within

78

his constituency during session period would be entitled to claim to and fro TA by air

unto the airport nearest thereto and also TA for rail/road journeys, if any, beyond the

airport. A member performing a journey by air out of 32 air journeys to any place other

than the usual place of residence or any place situated within his constituency during

session period would be entitled to only to and fro TA by air only unto the farthest point

traveled by the direct route and also TA for the road mileage at Delhi and at the city of

the said farthest point traveled by air, from and to airport to city at both places. A

member performing a journey by air out of 32 air journeys during inter-session period for

visiting any place in India would be entitled to only to and fro TA by air only unto the

farthest point traveled by the direct route and also TA for the road mileage at Delhi and

the city of the said farthest point traveled by air, from and to airport to city at both places.

Every member who has his ordinary place of residence in the Latah area of the State of

Jammu & Kashmir is entitled to an amount equal to the fare by air for each single

journey by air performed by him from any airport in Latah to the airport in Delhi and back

at any time. In addition to the air travel provided to a member, he is also entitled to an

amount equal to the fare by air for each single journey by air performed by the spouse, if

any, of the member or one person to accompany such member from any airport in Latah

area to the airport in Delhi and back at any time.

 Rail Travel Facilities Every member is provided with—

(a) One free non-transferable first class air-conditioned or executive class of any train

pass which entitled him to travel at any time by any railway in India.

(b) One free non-transferable air-conditioned two-tier railway passes for one person to

accompany the member when he travels by rail. the spouse of every member is entitled

to—

(a) One free non-transferable railway pass to travel in first class air conditioned or

executive class in any train, and if traveled by air, an amount equal to the air fare,

from the usual place of residence of a member to Delhi and back once during every

session and twice in Budget Session but not exceeding 8 single journeys in a year. The

spouse can travel from the usual place of residence of the member to Delhi at any time

after the issue of Summons and can return back any day before the commencement of

the next session.

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(b) The spouse is also entitled to travel in first class air conditioned or executive class in

all the trains with the Member from any place in India to any other place in India. A

member having no spouse is entitled to accompany with any other person in lieu of

spouse in any train in first class AC or executive class from any place in India to any

other place in India in addition to the facility available to him in respect of one companion

in AC-II tier. The spouse of the Member is allowed road mileage for the journey or part

thereof performed by road if unaccompanied by the Member. Where during any part of a

year the usual place of residence is inaccessible by rail, steamer or road, due to climatic

conditions and where air service is available, a member is entitled to travel by air to and

from his usual place of residence unto the nearest airport outside his constituency

having rail service.

Steamer Pass

Every member representing the Union Territory of Andaman and NICO bar Islands and

the Union Territory of Lakshadweep Islands is provided with one free non-transferable

pass to travel in the highest class of Steamer (excluding diet charges) to and from any

part of his constituency and any other part of his constituency or the nearest port in the

mainland of India. Such pass is valid for the term of his/her office and on the expiration

of the term. the pass is required to be surrendered to the Lok Sabha Secretariat.

Members representing these Islands can also use the pass before taking their seat in

the House, to utilize the same for the purpose of attending a session of the House for

taking his/her seat therein.

Where a member has not been provided with such a pass he/she will be entitled to

receive an amount equal to one fare (without diet) for the highest class by steamer for

any journey referred to above.

Every such member is entitled to an amount equal to the fare by air from his usual place

of residence to the nearest airport in the mainland of India and back.

Companion or spouse of the member representing the Union Territory of Andaman and

NICO bar Islands or the Union Territory of Lakshadweep is entitled to travel by the

highest class (without diet) by steamer between the Island and mainland of India on the

80

authority of the steamer pass issued to the spouse or companion of the member

accompanying the member.

Every member is entitled to an amount equal to the fare by air, for the spouse, if any, of

the member, or for one person to accompany him/her from the usual place of residence

in the Island to the nearest airport of the mainland of India and back.

Accommodation

In order to meet adequately the needs of members for residential accommodation a

separate pool of residences for members has been established and allotment of

residences to members from this pool is made by the Accommodation Sub-Committee of

the House Committee, Lok Sabha. Arrangements for accommodation are made

according to the criteria laid down by the House Committee.

Each member is entitled to a license -fee free flat or hostel accommodation throughout

his term of office. Where a member is allotted a housing accommodation in the form of a

bungalow at his request, he shall pay full normal license fee, if he is entitled to such

accommodation.

Every member is entitled without payment of charges to the supply of water unto 4000

kill per annum and electricity unto 50,000 units (25,000 units measures on light meter

and 25,000 units on power meter or pooled together) per annum beginning from 1st of

January every year in respect of residence allotted to him in Delhi. The above facilities

are extended to a member residing in a private accommodation in Delhi.

Other facilities enjoyed by members include washing of sofa covers and curtains every

three months. furniture within the monetary ceiling of Rest. 24,000 in respect of durable

furniture and Rest. 6,000 for non-durable furniture. and also 25 per cent remission in the

rents on account of any improvement or addition made to it or any additional service

provided thereto by way of furniture, electrical equipment and other services.

Telephone Facilities

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No charges shall be payable by a member in respect of the installation and rental of one

telephone installed either at his residence or at his office in Delhi or New Delhi, and no

member shall be liable to make any payment in respect of the first 50,000 local calls

made from the telephone during any year. However, Chairmen of Parliamentary

Committees are exempted from payment of any charges for local calls made from the

telephone installed at their residences in Delhi/New Delhi.

 In addition to above, no charges shall be payable by a member in respect of the

installation and rental of one telephone installed either at his usual place of residence, or

a place selected by him being a place— (i)  situated within the State which he

represents, or within the State in which he resides in the case of member of the Council

of States other than a member nominated to that House. (ii) situated within the State in

which his constituency is or within the State in which he resides in the case of a member

of the House of the People, other than a member nominated to that House. and (iii)

approved by the Chairman of the Council of States or the Speaker of the House of the

People, as the case may be, in the case of nominated members.

No member shall be liable to make any payment in respect of the first 50,000 local calls

made from that telephone during any year.

Provided that the place selected by the member or approved by the Chairman or the

Speaker, as the case may be, shall be within the area of operation of an existing

telephone exchange.

Every member is also entitled to one additional telephone either at his residence in

Delhi/New Delhi or at his usual place of residence or at the place selected by him within

the State in which his constituency is or in the State in which he resides and 50,000 free

local calls during a year for  Internet  connectivity purposes.

The trunk call bills of the members may be adjusted within the monetary equivalent of

the ceiling of one lakh fifty thousand local calls per annum as aforesaid.

In addition, 20,000 additional calls are also allowed to the members whose

constituencies are 1000 km. away from Delhi.

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Further, every member is entitled to one mobile phone of MTNL, New Delhi with

the adjustment of calls from the existing 1,50,000 local calls available to them for 3

telephones.

Excess telephone calls made over and above the pooled total of one lakh fifty thousand

free local calls per annum in respect of the three telephones installed under sub-rule (1),

sub-rule (3) and sub-rule (5) of Rule 4 of the Housing and Telephone Facilities

(Members of Parliament) Rules, 1956 are adjusted against the one lakh fifty thousand

free local calls allowed on the three telephones for the next year.

Medical facilities Under the Central Government Health Scheme as extended to

members, a member and his/her family are entitled to free medical treatment on a

monthly contribution of Rs. 150. Dispensaries for providing treatment mainly to members

exist in the North Avenue, South Avenue, Telegraph Lane, Pandara Road, Dr. Zakir

Hussain Road, Constitution Club and First Aid Post in V.P. House. A First Aid Post in

Parliament House and a Medical Centre in Parliament House Annexes are also

functioning for rendering medical aid to members in cases of emergency or sudden

illness.

Advance for the purchase of conveyance A member is entitled to an advance not

exceeding rupees one lakh or the actual price of the conveyance intended to be

purchased, whichever is less. However, no advance is dmissible when a conveyance

has already been purchased and paid for in full.

 Provided further that where such payment has been made in part, the amount of

advance shall be limited to the balance to be paid as certified by the member. Advance

granted together with interest thereon is recoverable from the salary  bill of the member

concerned in not more than sixty equal monthly installments, which shall not extend

beyond the ensure of his membership.

Facilities to Members of pre-maturely dissolved Lok Sabha

If a Lok Sabha is dissolved pre-maturely, the members of the dissolved Lok Sabha are

entitled to consume the unutilized telephone calls, electricity units and water units from

the date of dissolution of the Lok Sabha to the constitution of subsequent Lok Sabha.

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Further, if a member is re-elected in subsequent Lok Sabha, he is entitled to adjust the

excess telephone calls, electricity/water units consumed during the intervening period

from the quota for the first year of the subsequent Lok Sabha.

FACILITIES TO EX-MEMBERS OF PARLIAMENT

Pensioner Benefits

Every person who has served as a member of the Provisional Parliament or either

House of Parliament for any period is entitled to a pension of rupees three thousand per

menses. Provided further that where any person has served for a period exceeding five

years, he shall be paid an additional pension of rupees six hundred per menses for

every year in excess of five years. For the purpose of calculation of years for

determination of additional pension, the period of nine months or more shall be treated

as one complete year.

Free Rail Travel Facility

Under Section 8AA of the MSA Act, an ex-member of Parliament is entitled to travel in

any train in AC-II tier class along with a companion in AC-I class, if travels done, on the

strength of ex-MP Identity Card issued to him by Lok Sabha Secretariat.

Medical Facilities

CGH Scheme is applicable to ex-members of Parliament residing in cities covered by

CGH Scheme on payment of contribution at the same rate as they were paying as

Members of Parliament. This facility is obtained by an ex- MP direct from Director-

General (CGHS), Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi.

Family Pension to Spouse

In case a member dies during his term of office, his spouse/dependent is entitled to a

pension of rupees one thousand and five hundred per mensem for a period of five years

from the date of death of such member.

PARLIAMENTARY COMMITTEES

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The work done by the Parliament in modern times is not only varied in nature, but

considerable in volume. The time at its disposal is limited. It cannot, therefore, give close

consideration to all the legislative and other matters that come up before it. A good deal

of its business is, therefore, transacted by what are called the Parliamentary

Committees.

Ad hoc and Standing Committees

Parliamentary Committees are of two kinds. Ad hoc Committees and the Standing

Committees. Ad hoc Committees are appointed for a specific purpose and they cease to

exist when they finish the task assigned to them and submit a report. The principal Ad

hoc Committees are the Select and Joint Committees on Bills. Others like the Railway

Convention Committee, the Committees on the Draft Five Year Plans and the Hindi

Equivalents Committee were appointed for specific purposes. Apart from the Ad hoc

Committees, each House of Parliament has Standing Committees like the Business

Advisory Committee, the Committee on Petitions, the Committee of Privileges and the

Rules Committee, etc.

Other Committees

Of special importance is yet another class of Committees which act as Parliament’s

‘Watch Dogs’ over the executive. These are the Committees on Subordinate Legislation,

the Committee on Government Assurances, the Committee on Estimates, the

Committee on Public Accounts and the Committee on Public Undertakings and

Departmentally Related Standing Committees (Discs). The Committee on Estimates, the

Committee on Public Accounts, the Committee on Public Undertakings and Discs play

an important role in exercising a check over governmental expenditure and Policy

formulation.

COMPOSITION AND FUNCTIONS OF THE COMMITTEES

Select and Joint Committees

When a Bill comes up before a House for general discussion, it is open to that House to

refer it to a Select Committee of the House or a Joint Committee of the two Houses. A

85

motion has to be moved and adopted to this effect in the House in which the Bill comes

up for consideration. In case the motion adopted is for reference of the Bill to a Joint

Committee, the decision is conveyed to the other House requesting them to nominate

members of the other House to serve on the Committee. The Select or Joint Committee

considers the Bill clause by clause just as the two Houses do. Amendments can be

moved to various clauses by members of the Committee. The Committee can also take

evidence of associations, public bodies or experts who are interested in the Bill. After the

Bill has thus been considered the Committee submits its report to the House. Members

who do not agree with the majority report may append their minutes of dissent to the

report.

Committee on Estimates

This Committee consists of 30 members who are elected by the Lok Sabha every year

from amongst its members. A Minister is not eligible for election to this Committee. The

term of the Committee is one year. The main function of the Committee on Estimates is

to report what economies, improvements in organization, efficiency, or administrative

reform, consistent with the policy underlying the estimates may be effected and to

suggest alternative policies in order to bring about efficiency and economy in

administration. From time to time the Committee selects such of the estimates pertaining

to a Ministry or a group of Ministries or the statutory and other Government bodies as

may seem fit to the Committee. The Committee also examines matters of special

interest which may arise or come to light in the course of its work or which is specifically

referred to it by the House or the Speaker.

Committee on Public Undertakings

The Committee on Public Undertakings consists of 15 members elected by the Lok

Sabha and 7 members of Raja Sabha are associated with it. A Minister is not eligible for

election to this Committee. The term of the Committee is one year.

The functions of the Committee on Public Undertakings are—(a) to examine the reports

and accounts of Public Undertakings. (b) to examine the reports, if any, of the

86

Comptroller and Auditor General on the Public Undertakings. (c) to examine in the

context of the autonomy and efficiency of the Public Undertakings whether the affairs of

the Public Undertakings are being managed in accordance with sound business

principles and prudent commercial practices. and (d) such other functions vested in the

Committee on Public Accounts and the Committee on Estimates in relation to the Public

Undertakings as are not covered by clauses (a), (b) and (c) above and as may be

allotted to the Committee by the Speaker from time to time. The Committee does not,

however, examine matters of major Government policy and matters of day-to-day

administration of the Undertakings.

Committee on Public Accounts

This Committee consists of 15 members elected by the Lok Sabha and 7 members of

the Raja Sabha are associated with it. A Minister is not eligible for election to this

Committee. The term of the Committee is one year.

The main duty of the Committee is to ascertain whether the money granted by

Parliament has been spent by Government "within the scope of the Demand". The

Appropriation Accounts of the Government of India and the Audit Reports presented by

the Comptroller and Auditor General mainly form the basis for the examination of the

Committee. Cases involving losses, nugatory expenditure and financial irregularities

come in for severe criticism by the Committee. The Committee is not concerned with

questions of policy. It is concerned only with the execution of the policy laid down by

Parliament and its results.

Business Advisory Committee (Lok Sabha)

The Business Advisory Committee of Lok Sabha consists of 15 members including the

Speaker who is the ex-officio Chairman. The members are nominated by the Speaker.

Almost all sections of the House are represented on the Committee as per the

respective strength of parties in the House. The function of the Committee is to

recommend the time that should be allotted for the discussion of such Government

legislative and other business as the Speaker, in consultation with the Leader of the

House, may direct to be referred to the Committee. The Committee, on its own initiative,

may also recommend to the Government to bring forward particular subjects for

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discussion in the House and recommend allocation of time for such discussions. The

decisions reached by the Committee are always unanimous in character and

representative of the collective view of the House. The Committee generally meets at the

beginning of each Session and thereafter as and when necessary.

Committee on Private Members’ Bills and Resolutions (Lok Sabha)

This Committee consists of 15 members and the Deputy Speaker is its Chairman when

nominated as a member of him Committee. The Committee is nominated by the

Speaker. The functions of the Committee are to allot time to Private Members’ Bills and

Resolutions, to examine Private Members’ Bills seeking to amend the Constitution

before their introduction in Lok Sabha, to examine all Private Members’ Bills after they

are introduced and before they are taken up for consideration in the House and to

classify them according to their nature,  urgency and importance into two categories

namely, category A and category B and also to examine such Private Members’ Bills

where the legislative competence of the House is challenged. The Committee, thus,

performs the same function in relation to Private Members’ Bills and Resolutions as the

Business Advisory Committee does in regard to Government Business. The Committee

holds office for a term not exceeding one year.

Rules Committee (Lok Sabha)

The Rules Committee consists of 15 members including the Speaker who is the ex-

officio Chairman of the Committee. The members are nominated by the Speaker. The

Committee considers matters of procedure and conduct of business in the House and

recommends any amendments or additions to the Rules of Procedure and Conduct of

Business in Lok Sabha that are considered necessary.

Committee of Privileges (Lok Sabha)

This Committee consists of 15 members nominated by the Speaker. The function is to

examine every question involving breach of privilege of the House or of the members of

any Committee thereof referred to it by the House or by the Speaker. It determines with

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reference to the facts of each case whether a breach of privilege is involved and makes

suitable recommendations in its report.

Committee on Papers Lay on the Table (Lok Sabha)

This Committee consists of 15 members nominated by the Speaker. Its function is to

examine all papers laid on the Table of the House by Ministers (other than those which

fall within the purview of the Committee on Subordinate Legislation or any other

Parliamentary Committee) and to report to the House—(a) whether there has been

compliance of the provisions of the Constitution, Act, rule or regulation under which the

paper has been laid, (b) whether there has been any unreasonable delay in laying the

paper, (c) if there has been such delay, whether a  statement explaining the reasons for

delay has been laid on the Table of the House and whether those reasons are

satisfactory, (d) whether both the Hindi and English versions of the paper have been laid

on the Table, (e) whether a statement explaining the reasons for not laying the  Hindi

version has been given and whether such reasons are satisfactory, (f) such other

functions in respect of the papers laid on the Table as may be assigned to it by the

Speaker from time to time.

Committee on Petitions (Lok Sabha)

The Committee consists of 15 members nominated by the Speaker. A Minister is not

nominated to this Committee. The function of the Committee is to consider and report on

petitions presented to the House. Besides, it also considers representations from

individuals and associations, etc. on subjects which are not covered by the rules relating

to petitions and gives directions for their disposal.

Committee on Subordinate Legislation (Lok Sabha)

The Committee consists of 15 members nominated by the Speaker. A Minister is not

nominated to this Committee. The Committee scrutinizes and reports to the House

whether the powers to make regulations, rules, and sub-rules, by-laws etc. conferred by

the Constitution or delegated by Parliament are being properly exercised by the

executive within the scope of such delegation.

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Committee on Government Assurances (Lok Sabha)

This Committee consists of 15 members nominated by the Speaker. A Minister is not

nominated to this Committee. While replying to questions in the House or during

discussions on Bills, Resolutions, Motions etc., Ministers at times give assurances or

undertakings either to consider a matter or to take action or to furnish the House further

information later. The functions of this Committee are to scrutinize the assurances,

promises, undertakings etc. given by Ministers from time to time and to report to Lok

Sabha on the extent to which such assurances etc. have been implemented and to see

whether such implementation has taken place within the minimum time necessary for the

purpose.

 Committee on Absence of Members from the Sittings of the House (Lok

Sabha)

The Committee consists of 15 members who hold office for one year. The members are

nominated by the Speaker. This Committee considers all applications from members for

leave of absence from the sittings of the House and examines every case where a

member has been absent for a period of 60 days or more, without permission, from the

sittings of the House. In its report it makes recommendations with respect to each case

as to whether the absence should be condoned or leave applied granted or whether the

circumstances of the case justify that the House should declare the seat of the member

vacant.

Joint Committee on Offices of Profit

This Committee consists of 15 members. Ten members are elected from Lok Sabha and

five from Raja Sabha. The Committee is constituted for the duration of each Lok Sabha.

The main functions of the Committee are to examine the composition and character of

the Committees appointed by the Central and State  Governments and to recommend

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what offices should disqualify and what offices should not disqualify a person for being

chosen as, and for being, a member of either House of Parliament under article 102 of

the Constitution.

Committee on the Welfare of Scheduled Castes and Scheduled Tribes

The Committee on the Welfare of Scheduled Castes and Scheduled Tribes consists of

20 members elected by the Lok Sabha and 10 members of Raja Sabha are associated

with it. The term of the Committee is one year. A Minister is not eligible for election to

this Committee. The main functions of the Committee are to consider all matters

concerning the welfare of the Scheduled Castes and Scheduled Tribes, falling within the

purview of the Union Government and the Union Territories, to consider the reports

submitted by the National Commission for Scheduled Castes and Scheduled Tribes and

to examine the measures taken by the Union Government to secure due representation

of the Scheduled Castes and Scheduled Tribes in services and posts under its control.

Railway Convention Committee

The Railway Convention Committee is an ad-hoc Committee. It consists of 18 members.

Out of these, 12 members are from Lok Sabha nominated by the Speaker and 6

members are from Rajya Sabha nominated by the Chairman. By convention the Minister

of Finance and the Minister of Railways are members of the Committee. Besides this,

Ministers of State in the Ministry of Finance and Ministry of Railways respectively are

also its members.

The main function of the Committee is to review the Rate of Dividend payable by the

Railways undertaking to General Revenues as well as   other ancillary matters in

connection with the Railway Finance vis-à-vis the General Finance and make

recommendations thereon. The Railway Convention Committee, 1949 was the first

Committee after independence. This Committee and subsequent Committees confined

themselves to determining the rate of dividend payable by Railways to General

Revenues. Since 1971 the Railway Convention Committees have been taking up

subjects for examination and report which have a bearing on the working of Railways.

Committee on Empowerment of Women

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This Committee came into being on 29th April, 1997, as a consequence of identical

Resolutions adopted by both the Houses of Parliament on the occasion of International

Women’s’ Day on 8th March, 1996. The Committee consists of 30 members, 20

nominated by the Speaker from amongst the members of Lok Sabha and 10 nominated

by the Chairman, Rajya Sabha from amongst the members of the Rajya Sabha. The

term of the Committee is of one year. The Committee has been primarily mandated with

the task of reviewing and monitoring the measures taken by the Union Government in

the direction of securing for women equality, status and dignity in all matters. The

Committee would also suggest necessary correctives for improving the status/condition

of women in respect of matters within the purview of the Union Government. Besides,

another important function of the Committee is to examine the measures taken by the

Union Government for comprehensive education and adequate representation of women

in Legislative bodies/services and other fields. The Committee would also consider the

report of the National Commission for Women. The Committee may also examine such

other matters as may seem fit to them or are specifically referred to them by the Lok

Sabha or the Speaker and the Rajya Sabha or the Chairman, Rajya Sabha.

Departmentally Related Standing Committees

A full-fledged system of 17 Departmentally Related Standing Committees came into

being in April, 1993. These Committees cover under their jurisdiction all the Ministries/

Departments of the Government of India. These Committees are as under.

Name of the Committee

1. Committee on Commerce

2. Committee on Home Affairs

3. Committee on Human Resource Development

4. Committee on Industry

5. Committee on Science & Technology,

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Environment & Forests

6. Committee on Transport, Culture and Tourism

7. Committee on Agriculture

8. Committee on Information Technology

9. Committee on Defense

10. Committee on Energy

11. Committee on External Affairs

12. Committee on Finance

13. Committee on Food, Civil Supplies and Public Distribution

14. Committee on Labor and Welfare

15. Committee on Petroleum & Chemicals

16. Committee on Railways

17. Committee on Urban and Rural Development

Out of the 17 Committees, 6 Committees (Sl. No. 1 to 6) are serviced by the Rajya

Sabha Secretariat and 11 Committees (Sl. No. 7 to 17) by the Lok Sabha Secretariat.

Each of these Standing Committees consists of not more than 45 members—30 to be

nominated by the Speaker from amongst the members of Lok Sabha and 15 to be

nominated by the Chairman, Rajya Sabha from amongst the members of Rajya Sabha.

A Minister is not eligible to be nominated to these Committees.

The term of members of these Committees is one year. With reference to the

Ministries/Departments under their purview, the functions of these committees are.

(a) Consideration of Demands for Grants.

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(b) Examination of Bills referred to by the Chairman, Rajya Sabha or the Speaker, Lok

Sabha as the case may be.

(c) Consideration of Annual Reports.

(d) Consideration of national basic long term policy documents presented to the House

and referred to the Committee by the Chairman, Rajya Sabha or the Speaker, Lok

Sabha, as the case may be. These Committees do not consider matters of day-to-day

administration of the concerned Ministries/Departments.

The newly constituted departmentally related Standing Committee System is a path-

breaking endeavor of the Parliamentary surveillance over administration. With the

emphasis of their functioning to concentrate on long-term plans, policies and the

philosophies guiding the working of the Executive, these Committees will be in a very

privileged position to provide necessary direction, guidance and inputs for broad policy

formulations and in achievement of the long-term national perspective by the Executive.

PARLIAMENT LIBRARY AND REFERENCE, RESEARCH, DOCUMENTATION

AND INFORMATION SERVICE (LARRDIS)

Introduction

To keep members of Parliament well-informed of the day-to-day developments in India

and abroad, Parliament Library and Reference, Research, Documentation and

Information Service (LARRDIS), maintains an up-to-date and well-equipped Library

backed by prompt and efficient research and reference services. The LARRDIS provides

research and reference material on legislative measures, as well as on a variety of other

subjects coming up before the two Houses—Lok Sabha and Rajya Sabha, so as to

enable members to participate effectively in the debates of their respective Houses.

Library Service

The Parliament Library is now housed in the new Parliament Library Building—

Sansadiya Gyanpeeth, which was inaugurated, on 7 May 2002, by the then President of

India Shri K.R. Narayanan. The new Library building located in the Parliament House

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Complex is a modular, ideal, intelligent, utilitarian and centrally air-conditioned building.

It is fully computerized and has optic fiber based Local Area Network (LAN) with high

speed Wide Area Network (WAN) connectivity to provide linkage with other State

Legislatures, Foreign Parliaments and other international organizations. Apart from the

Library, Reference, Research and Computer Divisions, the Bureau of Parliamentary

Studies and Training (BPST) and the Parliamentary Museum and Archives (PMA) are

also located in this building. The building has very spacious Reading Room for members

equipped with modern facilities and Lecture Halls. A full-fledged Conservation

Laboratory/workshop for restoring old and rare documents, a Bindery Unit, an Archival

Room with temperature below freezing point round the clock to preserve audio/video

materials, computer tapes, microfilm rolls, etc., a Media Centre equipped with the latest

telecommunication facilities, an Audio-Visual Unit, Microfilm Reader Room, an

Auditorium with a sitting capacity of around 1,100 persons, a small auditorium with

facilities for multi-media presentations, a Library Committee Room and Conference

Room are some of the facilities provided in the new Parliament Library Building. The

Members’ Reference cum Circulation Counter has been set up at the Ground Floor of

the Building. Books, periodicals and newspapers, reports of Central, State and Foreign

Governments, Debates of Lok Sabha and Rajya Sabha, Bills, Acts, Reports of

Parliamentary Committees Statements laid on the Tables of the two Houses, Law

reports, publications of the United Nations and its allied agencies, publications from

foreign countries and various other publications of reference value are available for

reference and use of the members at this counter. Reference books on a wide range of

subjects, arranged according to the Dewey Decimal System of classification are stacked

in the first floor. A monthly Parliament Library Bulletin is brought out to keep members

informed of the latest additions of books and reports in the Parliament Library. Issue of

books and other publications to members is regulated by the Library Rules which have

been framed on the recommendations of the Library Committee. The Library Committee

is constituted every year by the Speaker of Lok Sabha to advise him on matters

concerning the Library. The Committee consists of six members from Lok Sabha

including the Deputy Speaker and three members from Rajya Sabha, who are

nominated by the Presiding Officers of the respective Houses. The Deputy Speaker of

the Lok Sabha is the ex-officio Chairman of the Committee. A Sub-committee of the

Library Committee consisting of 3 members from Lok Sabha and 2 members from Rajya

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Sabha who are members of the Library Committee is constituted by the Chairman to

select new books for addition in the Parliament Library.

The Library management functions like acquisition, processing and issue and return of

books have been computerized by using the software package LIBSYS. Members can

have access to the bibliographical details through the PCs at the Members’ Reference

Counter/ Books Circulation Counter or in the Members’ Reading Room.

Members’ Reference Service

The Members’ Reference Service organizes the dissemination of factual, objective and

latest information to the members of Parliament within the time stipulated by them. The

facilities provided by the Members’ Reference Service fall broadly under the following

categories

 (i) Supply of on-the-spot information to members from published documents 

(ii) Collection and dissemination of latest information, factual data, statistics, etc.

(iii) Preparation of reference notes on important topics

(iv) Preparation of bibliographies on important Bills

(v) Preparation of Background Notes, Information Bulletins, Fact Sheets and Information

Folders on topical issues for use of the members

(vi) Maintenance of Study Boxes on topical issues in anticipation of the information

needs of the members

(vii) Updating and printing of various regular publications from time to time

The scope of material to be collected in response to members’ reference requisitions is

normally limited to subjects connected with the immediate business before the two

Houses of Parliament. Members are required to hand over the written requisitions at the

Members’  Assistance Desks located inside the Members’ Reading Room in Parliament

Library Building, indicating clearly and precisely the specific points on which information

96

is desired by them. They also have the option to convey their requirements over the

telephone or direct to the officers in the Reference Wing.

The information required by members is culled out from authentic sources, arranged and

edited in the form of notes or tables, as the case may be, and passed on to the members

concerned.

The popularity and usefulness of Members’ Reference Service can be gauged from the

marked increase in the number of reference requisitions received and handled during

the past few years. As against 150 references handled in 1950. 425 references in 1960,

700 in 1970, 3627 in 1980,  5167 in 1990, 6508 in 2000 and 5061 during 2003 were

received and attended to both during session as well as inter-session periods.

The Members’ Reference Service caters to the information needs of members both in

English and Hindi as per their choice.

One officer is available at each of the Members’ Information Desks, to attend to the

information requirements of members’ on-the-spot and to assist them in filling up the

reference requisitions. In order to assist members in the study of literature relevant to

Bills or other topics of discussion before the House, Study Boxes are also maintained in

the Library during session period and members are apprised of the same through

Bulletins. All books, reports and other documents relevant to a Bill or any other topic

coming up before the Houses are collected and placed together in these Study Boxes so

as to make the same available to members at one place. The literature placed in the

Study Boxes is not issued out during the period of the discussion on the relevant Bill or

topic, but is made available for study and consultation in the Library only.

The following publications of reference value are compiled, updated and revised from

time to time.

(1) President’s Rule in the States and Union Territories.

(2) Council of Ministers since 1947.

(3) Parliament of India. A Souvenir (it is brought out at the end of the term of each Lok

Sabha).

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(4) Presidential Ordinances since 1950.

(5) India. Some Facts.

Computer Centre

A Computer-based information system named PARLIS (Parliament Library Information

System) was set up in December 1985 for the purpose of introducing automation in the

Parliament Library. In keeping with the need for further computerization of various

services of Lok Sabha Secretariat, action was initiated in December 1991 to automate

the various activities of the Secretariat, viz. Verbatim Reporting of Parliamentary

Debates, Questions, Committees, Members’ Services, Pay & Accounts, Administration,

Recruitment, Reception Office, Security Services and LARRDIS. Almost all the activities

of the Secretariat have since been automated. Three Computer Centers—one each in

Parliament House, Parliament Library Building (PLB) and Parliament House Annexes

(PHA)—have been set up to provide necessary hardware and software support to

various Branches of the Secretariat. A ‘Committee of Officers of Lok Sabha

Secretariat on Computerization’ reviews the computer hardware requirements of

various Branches/Offices of the Secretariat. A large number of index-based databases of

information generated within the Parliament were initially developed by the PARLIS to

make available non-partisan, objective and reliable information and authoritative data on

a continuous and regular basis to the parliamentarians. However, full text of Answers to

Parliamentary Questions received from Govt. of India and verbatim Reporting of the

proceedings of the House were also placed on the Parliament of India homepage. The

data currently available for on-line retrieval relate to.—

• Parliamentary Questions (Full texts of Questions and Answers since February 2000.

indexes from 1985 to

2000 are also available)

• Parliamentary Proceedings other than Questions (Full text of Floor Version since the

Winter Session of 1993. Indexes from 1985 to 1993 are also available)

• Government and Private Members’ Bills from 1985 onwards (only indexes).

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• Directions, Decisions and Observations from the Chair, from 1952 onwards.

• President’s Rule in the States and Union Territories, from 1951.

• Members of Council of Ministers from 1947 onwards.

• Obituary References made in the Houses since Provisional Parliament.

• Library Management Functions such as Acquisition, Processing and Issue and Return

of books have also been computerized using the software package named "LIBSYS". A

web-based Library catalogue can also be accessed through Internet.

• Documentation Service (from 1989 onwards). (Important articles published in books,

reports, periodicals and newspapers are indexed and annotated and can be accessed

through Internet).

Information available on Internet/Parliament of India Homepage

The Indian Parliament Home Page was inaugurated by the President of India on 15

March, 1996. The information available on the PARLIS database has been converted

into a Web enabled environment. The major components of the parliamentary

information, now available on the Internet are.—

I. Business of the House (Lok Sabha)* • List of Business, • Bulletin Part-I, • Bulletin

Part-II, • Synopsis of Debates, • Daily Debates, • Wit and Humor, poetry and couplets, •

Questions/Answers (February 2000 onwards), • Debates (Proceedings) (July 1991

onwards) • Resume of Work, • Legislative Business.

II. Members of Parliament (Lok Sabha)* • Bio-data of members of the present House, •

Information about members of previous Lok Sabha, • Members’ homepages which

contains information about Members’ Biodata, with addresses and telephone Nos., •

Parliamentary Questions asked by him/her, • His/her participation in the proceedings of

the House, • Funds sanctioned for expenditure, • Incurred by him/her under various

schemes such as MPLADS, etc., • Statistical Information about members, • E-Mail

addresses of members of present Lok Sabha, • Addresses & telephone Nos. and date of

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birth of members of present Lok Sabha, • Hand book for Members, • Members of

Parliament Local Area Development Scheme (MPLADS).

III. Information about Parliamentary Committees and their Reports*

IV. Parliament Library Catalogue.

V. General Information • Introduction to Parliament, • Rules of Procedure and Conduct

of Business in Lok Sabha, • Directions by the Speaker, • Decisions from the Chair, •

Parliamentary Documentation, • Lok Sabha Secretariat—Organization. The floor version

of the text of Debates in bilingual form is available through the Parliament of India web-

page. Members can retrieve the information regarding their participation as well as

discussions held in Lok Sabha and Rajya Sabha on any subject of their interest.

Arrangements have also been made to web-cast. the live audio proceedings of both the

Houses of the Parliament, Constituent Assembly Debates, text of the Constitution of

India, Information about the functioning of the Parliament and the Lok Sabha Secretariat,

facilities provided to the members, important speeches of President of India and texts of

Union Budgets are also available on net. The Homepage also contains the profile of the

Speaker, Lok Sabha, his political and personal achievements, important speeches and

photo gallery, etc. The links to the websites of Government of India and to other

Parliaments have also been provided at the home page. World wide access to this site

can be had at the Internet address. http.//parliamentofindia.nic.in

Computer facilities for members of Parliament

Keeping in view the information requirements of the parliamentarians and to automate

their offices, a Laptop or a Desk top computer with a printer and a scanner has been

provided to them at their residences/work places. A hand held computer has also been

provided to them. Members of Parliament have also been provided Internet and E-mail

connectivity through NICNET so as to provide access to the Parliament database, other

Government database, and database of foreign Legislatures and the vast sources of

other information available on the Internet. Arrangements have also been made to

provide Computer training to Members of Parliament and their Personal Assistants.

Speaker’s Homepage

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Speaker’s Homepage, titled "The Office of the Lok Sabha Speaker" was released by the

Speaker, Lok Sabha on 25 January 2002. The Homepage contains the profile of the

Speaker, Lok Sabha, his political and personal achievements, important

rulings/decisions, and important speeches. Information pertaining to the development of

his constituency, tours undertaken/proposed and photo gallery. Profiles of all the former

Speakers are also available in this section. A link to the Speaker’s Homepage has also

been provided in the Parliament of India Homepage.

Video Conferencing. The Video Conferencing facility has been provided at the offices

and residences of Speaker, Deputy Speaker and Secretary-General, Lok Sabha, and the

Offices of Additional Secretaries and Joint Secretaries and also the Computer Centre,

Parliament Library Building.

Touch Screen Information Kiosks. Twelve Touch Screen Information Kiosks have

been installed at the various vantage points in PH and PHA.

Digital Library. A Digital Library has been set up in the Computer Centre to cater to the

needs of members of Parliament and Officers and Staff of Lok Sabha Secretariat. A

member is entitled to borrow two DVDs/CDs at a time for his own reference and use.

Microfilming Service

Micrographics are an indispensable part of information technology for better

management of Library and Information Services. In order to ensure optimum utilization

of the space in the Parliament Library and for better preservation and future use of

valuable collections of the Library, a Microfilming Unit was set up in 1987 as one of the

important Branches of LARRDIS with the acquisition of latest available models of

microfilming equipments and ancillaries. The Unit is now fully functional and provides

facilities for Computer-Assisted Retrieval (CAR) of information from the microfilmed

documents. At present, microfilms are prepared with the help of three RV–3 and one

MRD-2 Cameras having provision for 16 mm and 35 mm/16 mm width of rolls,

respectively. The RV-3 Camera has the capacity to take nearly 2400 exposures from

standard 16mm rolls. For operation of these Cameras, eight dark cabins have specially

been designed where processing of microfilming is undertaken. All documents are

microfilmed on 16 mm rolls, except those of abnormal size, like Papers Laid on the

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Table of the House, which are being microfilmed on 35 mm film rolls. The Unit also has

one Processor and one Duplicator for making additional copies of the microfilm rolls. The

original microfilm rolls as well as duplicate rolls which are used with the help of Microfilm

Reader-cum-Printer are kept in the unit. The microfilms of the documents are easily

accessible to members of Parliament and to all those interested therein. During the

period from 1988 to January 2004, as many as 1,316 microfilm rolls have been prepared

and 26, 33,131 exposures of various documents taken by the Microfilming unit.

The following publications have been microfilmed by the Unit so far, for reference by the

members.

1. Indian Legislative Council Debates. 1858 to 1920

2. Central Legislative Assembly Debates. 3.2.1921 to 12.4.1947

3. Constituent Assembly Debates (Legislative). 17.11.1947 to 24.12.1949

4. Constituent Assembly Debates (Draft making). 9.12.1946 to 24.1.1950

5. Constituent Assembly Debates [(Draft making) (Hindi)]. 9.12.1946 to 24.1.1950

6. Parliamentary Debates (Provisional Parliament and House of the People). 28.1.1950

to 13.5.1954

7. Lok Sabha Debates. 14.5.1954 to 20.12.2002

8. Lok Sabha Debates (Hindi). 15.1.1985 to 26.8.1991

9. Council of States Debates. 3.2.1921 to 19.5.1954

10. Rajya Sabha Debates. 23.8.1954 to 18.3.2002

11. Rajya Sabha Debates (Hindi). 15.2.1956 to 5.5.1993

12. Indexes of above mentioned Debates

13. Journal of Parliamentary Information. April 1955 to March 1999

102

14. Reports of Indian Parliamentary Group. 1950 to 1998

15. Reports of Parliamentary Committees.

(i) Public Accounts Committee. 1st Lok Sabha to 10th Lok Sabha

(ii) Estimates Committee. 1st Lok Sabha to 10th Lok Sabha

(iii) Public Undertakings Committee. 3rd Lok Sabha to 10th Lok Sabha

(iv) Committee on Welfare. 4th Lok Sabha to of SCs and STs 10th Lok Sabha

(v) Committee on Subordinate Legislation. 1st Lok Sabha to 10th Lok Sabha

(vi) Committee on Government Assurances. 1st Lok Sabha to 10th Lok Sabha

(vii) Committee on Petitions. 1st Lok Sabha to 10th Lok Sabha

(viii) Railway Convention Committee. 1943 to 1985

(ix) Joint Committee on Salaries and Allowances of MPs. 1954 to 1989

(x) Committee on Papers Laid on the Table. 5th Lok Sabha to 10th Lok Sabha (started

from 5th Lok Sabha)

16. Presiding Officers Conference (Agenda, Proceedings, Resolutions, Minutes). 1921-

1992

17. Papers Laid on the Table of the House (Lok Sabha). LT No. 1/80 to 8640/84

18. Reports of Departmentally Related Standing Committees

(i) Committee on Petroleum & Chemicals. 10th Lok Sabha to 12th Lok Sabha (1st to 8th

report).

19. Constitution of India (calligrapher copy) (English and Hindi)

20. Ohm’s Records.

103

(i) Instructional Orders. No. 1 to 1193

(ii) Annual Administrative Reports. 1960 to 1998

21. Library Records.

(a) Accession Register (purchase) of Acquisition Section, LARRDIS. Unto Acc. No. 1,

36,410

(b) Accession Register (copyright) Unto Acc. of Acquisition Section, LARRDIS.  No.

52,080

(c) Bills.

(i) Official Bills introduced in Legislative Assembly. 1921 to 1949

(ii) Government Bills introduced in House of People/Lok Sabha. 1953 to 1992

(iii) Government Bills introduced in Council of States/Rajya Sabha. 1953 to 1993

22. Rare Books. R1 to R1256

23. Decisions from the Chair. 1921 to March 1996

24. Observations from the Chair. 1949 to March 1996

25. Directions by the Speaker. 1st to 4th Edition

26. Parliament of India (Souvenir). 1st to 10th Lok Sabha

27. Private Papers of G.V. Avalanche.

28. Private Papers of N.G. Ranga .

29. Private Papers of Jwala Prasad Jyotishi .

30. Who’s Who Lok Sabha (English) . 1950-1999

104

31. Who’s Who Lok Sabha (Hindi) . 1967-1999

32. Who’s Who Rajya Sabha (English) . 1952-2000

33. Rajya Sabha Members Biographical Sketches. 1952-2000

34. Historical Documents

(i) Indian Round Table Conference Proceedings (1930-1932)

(ii) Constituent Assembly of India Constitutional Precedents 1947

(iii) Indian Statutory Commission Memoranda (1930)

(iv) Sardar Patel’s Correspondence

(v) Indian Historical Records Commission—Proceedings

(vi) Partition Proceedings—2 volumes

(vii) Indian Record Series—Fort William—India House Correspondence

Reprography Service

The Reprography Service set up in 1975 caters to the urgent official needs of Members

of Parliament, Officers and Branches of Lok Sabha Secretariat and media persons

accredited to Lok Sabha Press Gallery for photocopying important Press Clippings,

information contained in answers to Parliamentary questions and debates, articles in

periodicals, newspapers and extracts from books and other documents.

The Service also provides facilities for Xeroxing and typing of personal

correspondence/documents of members of Parliament against nominal payment. MPs

and former MPs can get their documents photocopied on payment of Re. 1.00 per copy

and English and Hindi typing work is done at the rate of Rs. 6 per page for single space

and Rs. 5 for double space. Additional copies of the typed documents are charged @Rs.

1/- per page, from the service located in Room No. 45-A in Parliament House. The

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Reprography service located in G-037, Parliament Library Building also provides Xerox

facilities on nominal payment basis.

 Documentation Service

Documentation Service, set up in 1975 is mainly responsible for locating, collecting,

classifying and indexing all the useful literature and articles in various documents,

including Newspapers, Books, Reports, Periodicals, Parliamentary Debates etc. that

may be of interest to the members of Parliament. All the titles are suitably annotated and

arranged under a specially devised subject-wise classification scheme. This information

is provided in a fortnightly publication called PARLIAMENTARY DOCUMENTATION

which is placed on Internet since June 1998 and can be retrieved under different

parameters like year, subject and country/state, author, document apart from specific

issues/period. The whole process of Parliamentary Documentation has been made

online since June 2003, to facilitate the instant availability of and up-to-date information

to the members of Parliament, officers and other users. The Printing of Parliamentary

Documentation has been ceased w.e.f.  November 2003. Since then a few computer

generated copies are placed in the library for reference by Hon’ble members and other

users.  For the years 1975-1998, bound volumes of Parliamentary Documentation

(earlier known as Documentation Fortnightly) are available for consultation in Parliament

Library.

Press Clipping Service

The Press Clipping Service set up in 1956 caters to the information requirements of the

members of Parliament on topical issues. It collects all important, relevant and up-to-

date news items, editorial comments and articles on developments in the legislative,

political, economic, socio-cultural, scientific and technological fields. At present, the

clippings are taken from 18 English and 9 Hindi newspapers published in various parts

of the country. (Besides, Press Clipping Services in various regional languages are

being planned in order to enrich the press clipping collection). The Press clippings are

maintained chronologically in subject folders and stacked in proper sequence according

to the Dewey Decimal Classification scheme. These folders are not issued out and are

consulted in the reading rooms of Parliament Library. Ordinarily, Press clippings are

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retained for two years. However, important clippings of lasting value and interest and

those having a bearing on constitutional, parliamentary and legal subjects are, retained

permanently after scrutiny. In line with the on-going process of computerization of

various activities of Parliament Library, the Press Clipping Service has started feeding

into the computer all important selected English Press Clippings using the imaging

technology system. The computerized Press clippings can be retrieved through

classification number and subject keywords from the Computer terminals installed in the

Press Clipping Section, Members’ Reference Service, Library Counter of Parliament

Library Building, concerned senior officers of LARRDIS and Question Branch in

Parliament House Annexes.

The scope of computerized Press Clipping Service is being widened for prompt

information dissemination.

Research and Information Service

The Service endeavors to keep members informed on a continuing basis about the

current national and international issues in various fields by regular publication (in

English and Hindi) of Books, Brochures, Background Notes, Information Bulletins, Fact

Sheets, Monographs, Current Information Digests, etc. Two Monograph Series known

as the Eminent Parliamentarians Monograph Series and the

Distinguished Parliamentarians Felicitation Monograph Series are also brought out

to commemorate the services rendered by the eminent parliamentarians of the past and

to felicitate the distinguished parliamentarians of today. Profiles of leaders whose

statues and portraits are unveiled in the Parliament Complex are also prepared by the

service.

 

The Service also brings out the following periodicals.

Periodicals in English

1. The Journal of Parliamentary Information (Quarterly).

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2. Digest of Central Acts (Quarterly).

3. Digest of Legislative and Constitutional Cases (Quarterly).

4. IPG Newsletter (Quarterly).

5. CPA Asia Region News Letter (Quarterly)

Periodicals in Hindi (brought out by the Raj Bhasha Prabhag)

1. Sansadiya Patrika (Quarterly).

2. Kendriya Adhiniyam Sar (Quarterly).

Copies of all these periodicals and other publications brought out from time to time are

supplied to members who specifically ask for them. Copies are also made available in

the Library for other interested members.

The Service also prepares draft speeches/points for Speeches, Briefs, Research Notes,

Resolutions, Explanatory Memoranda, etc. for Indian Parliamentary Delegations

participating in various international Parliamentary Conferences held under the auspices

of the Inter- Parliamentary Union, the Commonwealth Parliamentary Association, the

Association of SAARC Speakers and Parliamentarians, etc. from time to time. Country

Notes are also prepared for the use of members of Parliamentary Delegations going

abroad on goodwill visits. Background Papers on subjects of parliamentary interest are

prepared for the use of members participating in the Seminars and Symposia organized

from time to time by the Indian Parliamentary Group (IPG) and the Bureau of

Parliamentary Studies and Training (BPST). In short, the Research and Information

Service provides the desired information on the subjects/aspects which warrant intensive

and extensive research.

STORY OF PARLIAMENTARY REPORTING

A familiar scene in the two Houses of Parliament is that of quietly dressed persons

heading for the central table at a brisk pace—but with a careful and correct bearing—

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taking their seats, scribbling in their note-books for a while and then making an exit as

quick and unobtrusive as their entry.

But not many people know who these men are and a woman apparently always in hurry

and what is the purpose of these frequent short trips.

They are the Parliamentary Reporters engaged in the momentous task of preparing a

complete and authoritative record of what transpires in the highest deliberative and

legislative body of the country.

REPORTING. A MANDATORY REQUIREMENT

The Rules of Procedure require that the Secretary-General has to arrange for the

preparation of a full report of the proceedings of each sitting of the House. Accordingly,

everything said in Lok Sabha and Rajya Sabha—every question, remark and speech—is

meticulously recorded by the Parliamentary Reporters, who represent the acme of the

shorthand-writing profession. However, certain words or expressions, which are

specifically expunged or ordered not to be recorded by the Speaker or the Presiding

Officer, do not form part of the record.

The entire proceedings of the day’s sitting, comprising a couple of hundred pages, have

to be edited, compiled and made available by the next morning. This remarkable feat is

accomplished to perfection by a combination of professional skill of the highest order

and excellent team-work aided by modern technology.

ORIGIN OF REPORTING

The mode of Parliamentary reporting has undergone various changes before it reached

its present verbatim form. In early days, namely from  1777 to 1835, when the

Legislature functioned as a part of the Executive, the proceedings in the then Council of

the Governor-General of India exclusively dealing with matters of law, were recorded in

the Revenue Department of the East India Company. In 1835 the proceedings

concerning the legislative business began to be recorded separately in the form of

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minutes, which indicated only the title of the legislation considered by the Council.

However, from 1860 the Official Gazette of the Government of India contained brief

references to the legislative business transacted in the Council.

When the proceedings of the then Legislative Council were thrown open to the outsiders

in 1854, a decision was taken to release an authentic report of its proceedings for

publication. It is obvious that the Secretary to the Council, who was charged with the

responsibility for the preparation of the report, would have found it difficult, without the

aid of shorthand-writers, to keep pace with the continuous flow of oratory of Members.

Apart from the abstracts of the proceedings being published, portions of the proceedings

began to appear in direct speech, although in a summarized form from 16 March, 1864.

ENTRY OF REPORTER

The Rule pertaining to the preparation of the proceedings was amended in 1897 to

provide for the preparation of a full report of the proceedings instead of mere abstracts.

The responsibility for the preparation of the report cast on the Secretary till then was

thus transferred to the high speed shorthand-writers or Reporters. Consequently, the

abstracts were discontinued and verbatim reports were issued and also published in the

Gazette. The individual style of Members was then reflected in the proceedings, which

gave a foretaste of the authenticity and vitality of the modern verbatim report. The right

to ask questions, conceded in 1892, added to the liveliness and readability of the

reports. In 1920 as the first bicameral legislature under the Government of India Act of

1919 was in the offing, the question of publication of its proceedings in separate book

form was examined. It was considered that the proceedings of a popular Legislature

would be in greater demand and it was, therefore, decided to publish them in book form

for sale to the public. Simultaneously, it was also decided to change the title from

‘Proceedings’ to ‘Debates’. Today, the Official Report of the House of the People is

issued under the title "Lok Sabha Debates".

THE JOB & ITS REQUIREMENTS

Reporting in the Parliament is a highly specialized knowledge-intensive job carried out

under great pressure, completed within a fixed time-frame and continued for long hours

without a break. The twin tasks of reporting, namely writing shorthand at high speed and

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transcription of shorthand notes, demand the utmost concentration and intellectual effort.

Needless to say, physical stamina, mental alertness and quick reflexes are the essential

attributes of a Reporter’s job, without which he cannot deal with situations like the one

which usually prevails in the House immediately after the end of the Question Hour. A

statistical analysis has revealed that a majority of the Members of the Lok Sabha speak

at speeds ranging between 120 and 150 words per minute. some of them go up to 180

words per minute and a few reach the speed of 180 to 200 words per minute. Reporters

must, therefore, possess a speed of 180-200 words per minute in shorthand along with a

comprehensive grasp of the language and an encyclopedic general knowledge, so that

they can perform their duties with confidence.

REPORTERS AT WORK

Reporters record the proceedings of the House singly in turns of five minutes each. This

cycle continues from the commencement to the adjournment of the House for the day.

Since the floor language is generally either English or Hindi, an English Reporter and a

Hindi Reporter are always on duty in the House for taking down its proceedings.

However, if a Member speaks in a regional language, an English translation of the

speech or observations is incorporated in the Official Report. The Question Hour is one

of the most interesting features of the business conducted by the Parliament, but

recording the proceedings of the Question Hour tests the competence of even the most

experienced Reporter. Questions relate to a wide variety of subjects and their range and

scope have virtually no bounds. Supplementary Questions are asked from different parts

of the House and answers given in quick succession. Reporters have not only to

correctly identify the Members asking the Questions and the Ministers giving the

answers, but also to record every word of what is said, including the often rapidly-

quoted figures, names and unfamiliar technical words. Nevertheless, the Reporters

always rise to the occasion and manage to produce zero error transcripts. After taking

the turn in the House, each Reporter goes through his shorthand notes and, if

considered necessary, checks them with the tape-recorded version so as to ensure a

faithful reproduction of the proceedings. English and Hindi Reporters work in perfect

unison and invariably settle the exact sequence in which their respective portions are to

be dovetailed before they begin the transcription of their shorthand notes.

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COMPILATION OF OFFICIAL REPORT

Until early 1990s the Reporters used to transcribe the proceedings on stencils from

which copies were made through cyclostyling. The Monsoon Session of 1993 was

marked by the installation of computers in the Reporters Branch. Since then the entire

process of transcription and compilation of the proceedings has been fully computerized,

and the proceedings are also placed on the official website of Parliament of India

(http.//parliamentofindia.nic.in) The preparation of the Official Report is a complex

operation demanding both precision and speed. As soon as Reporters complete their

transcription, they pass on the draft print-outs to the Chief Parliamentary Reporter. The

latter, with the assistance of Supervisory Senior Parliamentary Reporters, carefully

scrutinizes the transcripts, checks their continuity, verifies the texts as well as the

disposal of Motions, Clauses and Amendments etc., carries out necessary editing and

corrections and makes sure that every segment of the proceedings is in conformity with

the prescribed forms and procedures. This elaborate exercise in ‘quality control’ is aimed

at making the Official Report absolutely flawless. When all transcripts have been

examined and finally approved, they are amalgamated and page-numbered to form an

unabridged, continuous and factual chronicle of the proceedings of the day’s sitting. This

compilation, together with contents pages, is then dispatched for multi graphing and

distribution. Copies of multi graphed Debates are made available to various Branches of

the Lok Sabha Secretariat as also the concerned Ministries for reference. A few copies

are also placed in the Library for the convenience of the Members. The transcript of

every speech delivered, question asked and interruption made by a Member is sent to

him for confirmation or correction of inaccuracies, if any.

VERBATIM REPORT. AN IMPORTANT DOCUMENT

The Verbatim reports of the proceedings of the Parliament are not a mere narration of

Questions, Adjournment Motions, Bills and Resolutions, etc. As a matter of fact, they are

a rich source of contemporary history. They provide detailed information on all matters

touching the life of a citizen. They bring to light the political, economic and social

conditions of even the remotest parts of the country. Besides, they serve as a mirror of

the hopes and aspirations, concerns and apprehensions of the nation as voiced by its

chosen representatives.

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The verbatim report entitled "Lok Sabha Debates" is issued in two parts. Part I contains

Questions and Answers and Part II contains the rest of the proceedings. The printed

version is available about two months after the date of the sitting. Its copies can be had

from the Sales Section of the Lok Sabha Secretariat or from the authorized agents for

Government publications on payment.

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CHAPTER – 6

CONCLUSION

THEORY OF SEPARATION OF POWER

Concentration of powers leads to loss of individual freedom. Power corrupts and absolute power corrupts absolutely unless there is check on it. The theory has its root in Aristotle‟s philosophy which found an elaboration in the writings of Lord Montesquieu in the 18 th century. Aristotle divided the governmental function into deliberative, magisterial and judicial although he did not consider any need for separation of personnel. Jean Bodin sees the importance of separating the executive and judicial powers. John Locke was one of the eighteenth century philosophers to pay greater

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attention to the problem of concentration of governmental power. He argued that the executive and legislative powers should be separate for the sake of liberty. Libert y suffers when the same human being makes the law and executes them. Lord Montesquieu in his famous work “The spirit of the Laws” (1748) gave the idea of separation of powers. 2 The Spirit of Laws in French, “De l'esprit des lois” is a thesis on political theory, the law, sociology, and anthropology first published anonymously by Charles de Secondat, Baron de Montesquieu with the help of Claudine Guérin de Tencin. 3 Montesquieu‟s theory was refined and developed by Blackstone and Madison. Montesquieu quoted in his book that, “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty. . . . Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control. for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with violence and oppression. There would be an end to everything, where the same man, or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of trying the causes of individuals.”

Biswa Ranjan Mohapatra etal, Foundations of Politics & Govern ment, Orissa State Bureau of Textbook Preparation and Production. Reprinted, First edition 2003

WHAT MADE LORD MONTESQUIEU TO GO FOR IT…?

Before going further let‟s see what made Lord Montesquieu to go for this novel idea. During his days the Bouborne monarch in France had established despotism and the people enjoyed no freedom. The monarch was the chief law giver, executor and adjudicator. The statement by Louis XIV that „I am the State‟ clearly outlined the character and nature of monarchial authority. Lord Montesquieu, a great advocate of human dignity, developed this theory as the weapon to uphold the liberty of the people. He believed that the application of this theory would prevent the overgrowth of a particular organ which spells danger for political liberty. 5 MODELS There are two models of the separation of power theory. The first one is the Water tight model. This model says that there should be three branches of government and they should be free in their own sphere. But it is as one of the writers rightly said, theoretically absurdity and

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practically impossibility. Then comes the Check and balance model. The main objective of the latter model is to check the exercise of power, maintain balance of power and the last but not the least to restore the power, if it is abused. Unity of power is just the anti thesis of political liberty. So, there is the need for the separation of power. Moderate government is a free government. Thus separation of power is a check against royal despotism and legislative despotism. The crux of the problem of modern government is to find a synthesis combining the answer to two needs, the need for the welfare of the State and the need for the freedom of the people. The welfare State assumes concentration of power on the executive level and consequently supremacy of the executive over the legislative branch.

EXECUTIVEOur main concern is not only to study the separation of powers as a whole but to go to the micro level of it (only Executive). The executive is the primary and prominent organ of the government in terms of its importance. Executive has been the manifestation of government. It has been performing its functions of executing the laws made by the legislature and also implementing the policies of the state. The efficiency of the government depends on the effective implementation of its policies by the executive. It is the pivot round which actual administration of the state resolves and includes all officials engaged in administration. However it is customary to use the term executive in its narrow sense which refers only to the chief executive head of the state and his advisors and ministers.

A GLANCE OVER THE PASTBefore independence, the functions of the head of the State in India were performed by the Governor General, who represented the Crown and ruled in the name of His/Her Majesty. The Government of India Act, 1935 also laid down that the executive authority of the centre would vest in the Governor-General. 7 But after independence, the question arises in this rapidly moving world of the mid twentieth century, to whom the leadership task is to be given? What type of executive would be stable, strong, effective and quick, yet withal, democratic? becomes the moot question, because the aim was to build a new India overnight and create a new unity by breaking down the old loyalties that had fragmented and compartmentalized Indian life….the Indian Constitution. 8 The Constituent Assembly looked for 3 models viz. the American Presidential system, the Swiss elected executive and British cabinet government and came up with the Advanced Presidential model un/consciously. The whole idea was to provide „a sort of Privy Council whose advise shall be available to the resident whenever he chooses to obtain it in all matters of national importance in which he is required to act in his discretion‟ 9 Article 74(1) of our 1950 Constitution had provided that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advice the President in the exercise of his functions.” In the context of the Hindu Code Bill, President Rajendra Prasad contended that he could withhold assent from Bills that did not meet with his approval. But Attorney General Motilal Setalvad advised Prime Minister Jawaharlal Nehru that “by Article 74(1) the President is required to Act in all matters with the aid and advice of his Council of Ministers.” India‟s first President shook his head and grumbled (as he gave in) saying. “this is not the way we framed the Constitution”. But 25 years later, during the Internal Emergency of June 1975, the language of Article 74(1) was

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altered and made even more absolute. There was a debate on whether the President should act inaccordance with the advice of the Council of ministers. The Supreme Court and Pt. Nehru were in support. On the other hand those who opposed were, Dr. Rajendra Prasad, K.N.Munshi, P.B.Mukherjee J. of Calcutta High Court and K. Subha Rao CJ. But finally in 1976, it was decided that the President has to act in accordance with the aid and advice of the Council of Ministers. The Constitution 42nd

Amendment Act, 1976 provided that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.” That‟s how the rubber stamp-theory gained currency. But then, in the euphoric post-Emergency period when the Janata Government was in power, Parliament inserted a proviso to Article 74(1) which read. “provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise and the President shall act in accordance with the advice tendered after such reconsideration”. This proviso has given the President of India more elbowroom to intervene in affairs of State — the power which the British Monarch, a Constitutional head of State, also exercises, and that is the power to caution and to warn.The Constitution of India 1950 as it now stands (post 1978) no longer envisages a mere cipher or figurehead as President.

PAST CONTROVERSIESMany times in the past there arise the controversies regarding the president‟s constitutional position, but each time it ended in confirming the position of the president is a constitutional head. The first controversies was within a few month of Constitution of India coming into operation, when President Dr. Rajendra Prasad, expressed the desire to act solely on his own judgment, independently of the Council of ministers in the matters of giving assent to the Bill and sending massages to the Parliament, in a note to Prime Minister Nehru. This view was not a mere desire but it was based on the literal reading of the Constitution of India. 11 Pt. Nehru consulted Attorney General then Mr. Setalvad and Ayyar, a member of the Drefting Committee of the Constituent Assembly, on the relationship of President and Prime Minister. Mr. Setalvad chooses to please Pt. Nehru and held that President is a big zero. The disagreement raised again in 1960, on November 28, while laying the foundation stone of the Indian law Institute, President Prasad said that it was generally believed that like the sovereign of Great Britain, the President of India was also a Constitutional head and had to act only according to the advice of the Council of Ministers. The same controversy again arose in 1967 and 1969. In 1976, the position was quite clear, in the 42nd Amendment of the Constitution. Act. 74(1) was amended so as to state explicitly that the President shall act in accordance with the advice of the ministers in the exercise of his functions. 12

IS THE PRESIDENT, REALLY A MERE FIGURE HEAD?

The real position of the President of India is clouded with different suspects. Some of the constitutionalists demanded the president as mere figure head or titular head or rubber stamp or golden zero. There are many causes to call the President such which are as follows. The first cause may be that the President is the head of the State, not of the Government. Secondly India does not have Presidential form of Government. Thirdly,

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British tradition still prevails in our constitution. The last but not the least the president works on the advice of the Ministery. The President of India does not have the only power to sign o n the dotted lines but also has the following powers, which clearly shows the position of the President. First of all these are the powers, which the President possesses, clearly shows the position of the President of India. (A) NORMAL POWER. The president is the chief of the union executive. Under Article 53(1), all executive power of the union is vested on him. The power is exercised either directly or indirectly through officers subordinated to him. a) Appointment-The laws passed by the Parliament are executed by him. Appointment of the executives- The President appoints the Prime minister. The Judges of both the Supreme Court, High Court, and the high officials like C.A.G., Election Commissioners, Member of U.P.S.C, Governors of different states etc. are appointed by the President. b) Removal of executives- The President can remove any minister from the Governors and the Council of ministers of the Parliament, the judges of the Supreme Court, High Court, Election Commissioners, the members of the U.P.S.C. c) Determination of the national policy- The executive powers are exercised by the Council of Ministers headed by the Prime Minister directly but the decisions are intimated to the President by the Prime Minister. If the President is not satisfied with the decision of the Council of Ministers then he may return the proposal for the reconsideration in the Cabinet.

(B) MILITARY POWERThe president is the supreme commander- in chief of the defense force. It is his duty to refrain the state from foreign aggression. He is authorized to extend the foreign relationship and to sign the treaties with different Sovereign States.(C) DIPLOMATIC POWERThe president is the head to maintain foreign relations. The negotiation of all treaties and agreements are made in the name of the President. He accredits the ambassadors and envoys to foreign States and accepts the letters of credence of the foreign diplomatic representatives. (D) LEGISLATIVE POWERThe president is the constituent part of the parliament and wields exte nsive legislative power. He has the following legislative powers. Power to summon the session of the Parliament, 13 Power to prorogue/end the sessions, Sending message to the Parliament, Power to nominate the members of the Parliament, 14 Power to assent bills. 15 The President has Power to proclaim ordinance.16 Ordinance is an Act of legislation in the absence of the Legislature promulgated by the President, to meet the emergency. An ordinance has the same force as an Act of Parliament. Its life span is 6 months and 6 weeks. If it gets the approval of the Parliament it becomes an Act. It can be withdrawn by the President.

Article 85 of the Constitution of India Article 80 of the Constitution of India

The President has the power under Article 111, either to give the assent, or to withhold the assent, or to return the bill to the Parliament for reconsideration and he can also suggest modifications 16 Art 123 of the Constitution of India

(E) FINANCIAL POWER Introduction of the budget, levy of taxes, power to assent the financial bills, power to constitute financial commission, presentation of audit report etc. are some of the financial power of the president. The president has at his disposal the contingency fund 17 also.

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(F) JUDICIAL POWER. The president enjoys some of the judicial powers which include power to pardon, reprieve, respite, remit, suspend and commute sentences of convicted persons. 18 The Supreme Court in Keher Singh v. Union of India, said that, pardoning power is an act which is done under Constitutional scheme, it further said that, it should be compared with the American President who acts on his own and not with the crown in United Kingdom, where it acts on the ministerial advice 19 . The President has also the power to consult the judges of the Supreme Court. 20 He can exercise this power in relation to any matter which of public importance or which according to him is of public importance. This is just to enable the President to seek the opinion regarding the validity of any act of the Government and the aid or advice tendered to him by them.

(G) CEREMONIAL POWERS. The president attends the Republic day. He receives the ambassadors and extends the foreign relationship through negotitation. Apart from normal powers, financial powers, emergency powers, Ceremonial powers and judicial powers the president enjoys the Discretionary powers also. 21 The authority and status of the President depends upon the powers he can exercise and the functions he can perform under and within the express provisions of the Constitution and not by what is now practiced by the President. We can‟t tell that President is the figure head.

The contingency fund is the fund from which the President can sanction advances to meet the expenditures of the unseen future Secondly, the position of the President is clearly reflected from the oath and affirmation by the President. Every president and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most of the Supreme Court available, say, “I, [name], do swear in the name of God (or solemnly affirm) that I will faithfully execute the office of President (or discharge the functions of the President) of the Republic of India, and will to the best of my ability preserve, protect and defend the Constitution and the law, and that I will devote myself to the service and well-being of the people of Republic of India.” The words “preserve, protect and defend the Constitution and the law” stated in the oath clearly define the position of the President. The preserver, protector and defender the Constitution cannot be a mere figure head. Further it is stated that “I will devote myself to the service and well-being of the people of Republic of India”. But how can a person, who is dependent upon the Council of Ministers can devote himself? Thirdly, according to Article 53 (1) of the Constitution of India, the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinates to him in accordance with this Constitution. In other words, the President can exercise his functions directly without the advice of the council of ministers or others, which is otherwise known as the discretionary powe r. The President can appoint any one as Prime Minister and he can dissolve the Lok Sabha without the suggestion of the Prime Minister 22 in the following four cases viz.

a) When the Prime-minister loses his majority in the house, b) When he is unable to prove his majority, c) When the vote of no-confidence is passed against him,

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d) When he is not facing the Parliament, but the Parliament has a proof that the ruling party has no majority in the house. 23

The act cannot be questioned in any Court on any ground”. 24 It makes clear that, even the advice in performing functions is unconstitutional, then it is not binding on the President. Therefore it is clear that the President is independent in performing his functions. Further going ahead according to the constitution the cabinet will hold office only “during the pleasure of the office” Moreover, the court also Dinesh Chandra v. Choudhari Charan Singh 25 , held that, to argue pleasure could be interpreted in Art.75(2) to mean the President can dismiss any minister at any time, at his will. Further, the Supreme Court in S.P.Anand v. H.D.Devegowda, held that, it could then be said that, since ministers also include Prime- minister, the President can dismiss Prime- minister at his will. So, the President can‟t be called as a mere head. Fourthly, the president is empowered to declare e mergency, which is very important and unique in nature. During the debates in the Constituent Assembly, Dr. Ambedkar argued on 4th November, 1948, in normal times it is framed to work as a federal system. But in times of war it is so designed as to make its work, as though it was a unitary system. Part XVIII of the Constitution defines the emergency power of the Indian President. He can declare emergency in the following 3 conditions. According to Article 352, emergency can be declared due to war, external. aggression or armed rebellion. Article 356 states on the account of the failure of the constitutional machinery in a state, the President can issue a proclamation of emergency and according to Article 360, on the account of a treat to financial stability or credit of India and any other part thereof, emergency can be declared. In Article 356, it is clearly stated that if the President is “satisfied” that a situation has arisen in which the Government of the state cannot be carried on in accordance with the provisions of the Constitution, he can proclaim emergency. In the case of Sardarilal vs. Union of India case the court said that it is the satisfaction of the President. But in Samsersingh vs. State of Bihar, Iyer J. said personal satisfaction of the Council of India and declared we adopted a British model. But it is not the correct proportion of law. In Britian the King is the hereditary head but the President of India is an elected head. Fifthly, as per Article 74 the aid and advice is limited only to the exercise of functions by the President. “Powe r” means the ability to affect others and “function” means the things to be done. Power comes with the discretion. But so far as the function is concerned there is no such question of discretion. The aid and advice given by the council can‟t go to the extent to decide the way the President is going to exercise his powers. He is only bound by the mandates of the Constitution. And no advice of the Council shall be binding on the President which is unconstitutional. At last but not the least, the President can only be impeached on one ground i.e. when he acts unconstitutionally. The Procedure for it is also very difficult. 26 Two third majorities of both houses of total membership of Parliament are required to impeach him. Investigation is also conducted. Fourteen days notice is also given to him it is a feature of Indian Constit ution which is unique in nature. It shows that the President cannot act unconstitutionally and arbitrary. The question here is if the President has no role to play then why should he be impeached? If the President is not responsible to preserve protect and defend the Constitution and his only job is to sign the bill, how come he be impeached for signing an illegal Bill, which is send by the Parliament?

PRESIDENT VIS-A-VIS PRIMEMINISTER!It is often said that the Prime Minister is the real and the President is the constitutional head. Some argues that the Prime Minister is the leader of the majority party in the lower

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house of the Parliament or leader of the coalition govt. So, he is more powerful than the President. But it is at the same time true that the President is the representative of both the house and the State legislatures. So, Constitutionally the President is more powerful due to his large representative character.

LOOK HERE THE PRESIDENT…POWERFUL!The President enjoys the power to return a bill unsigned but the constitution limits the power to send it back only once for reconsideration. If the Parliament sends back the bill with or without changes, the President has to sign it. However, deliberately or inadvertently, the constitution does not set a time- limit in which the President is obliged to approve the bill, so he may withhold assent indefinitely. This has come to be known in legal and constitutional circles as the "Pocket Veto", and has been used on a number of occasions against controversial Bills. Former President Giani Zail Singh withheld assent to a Bill passed by Parliament that gave sweeping powers to the State to intercept mail. This was considered by the President to be an encroachment on citizens' freedom of speech and liberty as guaranteed by the Constitution. 27 He was about to dismiss the government of Mr.Rajiv Gandhi because of the reason that the Primeminister of that government had failed to give the information to the President. Former President Venkataraman withheld assent to a Bill passed by the outgoing Parliament that gave pension benefits to themselves. This was interpreted by the President to be selfaggrandizement. 28 In 1997 in Utter Pradesh, one of the coalition parties had withdrawn its support from the government. Then, some other members of Assembly who were not supporters of the government supported it. The Chief- minister claimed majority. After some violent incidents the Chief- minister proved the majority. But the Governor sent a report stating the government of the state cannot be carried on in accordance with the provisions of the Constitution and requested for application of Art.356. The Council of ministers also gave advice to the President to dismiss the government, but the President refused to do so, stating that the government is constitutionally valid.

Former President K. Narayanan introduced the important practice of explaining to the nation the thinking that led to the various decisions he took while exercising his discretionary powers. this has led to openness and transparency in the functioning of the President. 29Former President A. P. J. Abdul Kalam sent back a controversial bill regarding enlarging the scope of the offices of profit, which disqualify a person from being a member of parliament. 30

The Parliamentary elections, since the nineties, have generally not resulted in a single party or group of parties having a distinct majority. In such cases, Presidents have used his discretionary power and invited the Prime Ministerial aspirants to form the government.

THE PRESIDENT OF INDIA & PRESIDENT OF AMERICA AND THE CROWN OF ENGLAND. A COMPARISION.In this chapter we are going to discuss and compare the Indian President‟s status with President of America and the Crown of England. PRESIDENT OF AMERICA.In America there is a Presidential form of government. All executive powers are vested in the President. 31 He is indirectly elected by the people for four years. But he can‟t hold the

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office for more than eight years. He is free to appoint the secretaries o f different departments. he can remove them also on his own at any time without consulting any one. In America there is also the separation of power between executive, legislature and judiciary. The power is enjoyed in their own spheres with check and balances. The legislature can bring indirect pressure on the executive through its power to levy taxes, to make appropriation of governmental expenses, to enact legislations, to investigate executive works and polices through its committees and the senate‟s power is to confirm treaties and appointments. But it does not mean that the President has no powers or has less power. He can withhold his assent from a bill passed by the legislature. In America the President has no power to dissolve the legislature i.e. the congress. 32 Constitution of America provides for two years fixed term for it. Before that, the President cannot dissolve it. So, if the legislature passes a bill and sent for Presidential assent and if the President returns it back for reconsideration using the veto, the legislature has a power to pass it by 2/3 majority in both houses and it becomes law. The President is powerless in this regard. However the judiciary can interfere in it if it is unconstitutional. The President has also no ordinance making powers. He cannot perform any legislative functions. The President can only use those powers which are either conferred by the Constitution or any law. The executive and the legislative powers are limited in nature. For e.g. the legislature can make laws regarding Foreign affairs, Security etc. the President cannot exercise powers in relation to these matters. If the President signs treaties with another country it also requires 2/3 majority of senate in order make it effective. 33 CROWN IN ENGLAND.The England there is President as such but the Crown. He is not an elected one. It is a hereditary rotation in nature. The crown in England is the head of executive. He enjoys privileges which are inherent powers and powers conferred under any statute made by parliament. But at present he does not enjoy any inherent power. He has power to appoint all high administrative and executive officers, Judges, Bishops, officers of army, navy and air force. The crown has the function to look after the enforcement of all national laws. He conducts Country‟s foreign relations. it has supreme command over all armed forces. He has power to give pardons. He has power to conclude treaties without consulting parliament. Hence we can say that it is the ultimate executive authority and has extensive executive powers. Each minister is allotted with his function. They are only the one who observes that, laws are followed or not, they conclude the International treaties. If there is a war the issue of war is decided by them. The fund granted by the parliament is spent by them only. The ministers give the advice to the crown. even the power to give the pardons is exercised by the real minister under the name of the crown. The crown prorogues the session of British parliament, dissolves the House of Commons, assents the bill.

The appointments are carried out by the cabinet under the name of the crown. All issues which come before the judicial committee of Privy Council are decided by the crown. Even it is said that, crown grants the mercy to a person who is convicted for the criminal act, but the actual job is done by the judicial committee of Privy Council. PRESIDENT OF INDIA.As in America the President is totally free to exercise his executive powers, but he can‟t make laws i.e. legislative powe rs are not vested in him. Whereas the Indian President has the legislative powers, as we have seen under Art.123. he can issue ordinances when the assembly is not in session. The American President has no judicial powe rs i.e. he cannot grant pardons, which the Indian President has under Art.72 provisions as to assent to bills are to some extent similar. In America the President cannot hold office beyond the period of eight years, but there is no such

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condition in Indian Constitution. A President can be reelected after second term in India. The President of America has not given the power to dissolve the congress, but Art.85 (2) (b) of Indian Constitution gives the power to Indian President to dissolve the house of people. Dr.Ambedkar in this regard says that, “In draft Constitution there is placed at the head of the Union a functionary who is called President the title of the functionary reminds one of the President of the United States. But beyond identity of names there is nothing in common between the form of the government prevalent in America and the form of government proposed under the Draft Constitution.”34 Many a times it is interpreted that, the President of India is a titular head and resembles to the Crown in England. English crown is the executive head of the state and exercises all its powers through its ministers, in India Art.53(1) says that, President of India is the executive head of the state and Art.74(1) says that, he performs his functions on the advice of his council of ministers. So, if we go to the plain reading of the Articles and above discussions, it can be said that, Indian President is a nominal head of the state like English Crown. Though Art.53 vests all executive powers in him, Art.74 overrides it. In fact crown has no powers. The actual powers are in the hands of the council. So, Sir Henry Maine rightly pointed out, “The king of England reigns but does not rule”. But this is foreign to our system. The President of India is adorned with more power in comparison to these two countries.

the Supreme Court held that, the Governor and President are only the formal heads of the state, and when they require satisfaction, required by the Constitution, it is not their personal satisfaction but the satisfaction of the council of ministers on whose aid and advice they exercise powers and functions. Thus, judiciary has consistently held that, the President in practice has no powers at all. Further in Ram Jawaya Kapur v. state of Punjab36 , the Supreme court held that, under Art.53 (1) executive powers of the Union are vested in the President but, under Art.75 there is a council of ministers with Prime- minister at the head to aid and advice the President in the exercise of his functio ns. The President has thus been made a formal or constitutional head of the executive and real executive powers are vested in the council of ministers National Democratic Alliance-backed presidential nominee Bhairon Singh Shekhawat, 83-yearold, whose term as Vice President ends on August 18, 2008, has said the nation should not have a 'rubber stamp' President who signs every file without reading it and understanding its implications. The first women president of India Mrs. P. Patil, has assured that she won‟t be a merely figure head.

WHAT IS PRACTISED?Starting from the period of Nehru to that of that Manmohan Singh, always there arises a question regarding the position of the President. Theoretically we have seen that the President is not a mere figure head. But we can‟t deny the reality, which is being practiced now. In the Constituent Assembly, Nehru said the President was not to have “any real power” but neither was he to be “a mere figure head.” As Prime Minister, however he made clear he would

brook no opposition from the President. Rajendra Prasad had said as president of the Constituent Assembly that the Constitution did not “lay down that the president is bound to accept the advice [of the cabinet].” But as President of India, he did whatever Nehru advised him to do. 37 He may have done this either due to the charisma of Pt. Nehru,

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the doyen of the Prime minister of the free world 38 or something else but after him all the Presidents follow his foot prints. As the President becomes silent there begins an age of nastiest political era, where the national interest is sacrificed for the narrow political interest. All the sacrifice of the freedom fighters and the novel ideas of the Constituent Assembly were put aside. There started the rule unlike British. No change in the rule and rulers, but in their skin colour….CPI in 1941. In this stage the politicians do everything and the President has no option but to sign it. In this situation when Mrs. P. Patil states she will “not be a rubber stamp,” how logical she is, is clearly remarkable. Prof. T. Devidas, 39 criticized her as “not a rubber stamp” but “the handle of the rubber stamp.” Now come to the most popular President Mr. Kalam. Is playing with the school children is only a duty of a President? This is not any one‟s fault but that of our political system and the election process. How come a scientist, who was confined within a laboratory can able to take the task of a State. A good person is not only a criterion for everything. The Constitution requires of the President a certain blend of qualities. He must be neither a political illiterate nor a political professional who has run the party engine. He must have a clear understanding of the political process and yet be above its turmoils. unaffected by the dust and din of the clashes of men and policies. He is an umpire and umpires are supposed to know the rules of the game, appreciate the state of the field and have an impartial eye on the play.

The Indian Constitution has given many a provision, which clearly states that the President of India is not merely a figure head. True the President has not done enough what he should have done. But I could like to say here that we can‟t comment something just having a look on the present situation of the country but we have to look for the provisions of the Constitution. The President, like the King, has not merely been constitutionally romanticized but actually vested with a pervasive and persuasive role. 41 Indian President lies somewhere between British Crown and American President. K. M. Munshi42 in his book “The President under the Indian Constitution” has said that the President is not only the biggest dignitary of our realm but the embodiment of the unity of our country. The principal role of the president is to prevent a parliamentary government from becoming a parliamentary anarchy and it is the Presidential authority that keeps the country and the people bond together. “…for the whole country his authority runs like a golden thread throughout the Constitution.” -K. M. Munshi

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