Indian Govt

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The Govt.

of India
Government Of India
Govt of India (GOI)
Central/ Union govt.

Executive Legislature of parliament


Judiciary
Consists of:
1. President Consists of:
2. Vice president 1. Rajya Sabha Consists of the parliament of India
3. Cabinet ministers 2. Lok Sabha

Responsibility:
Responsibility: Responsibility:
To pass the laws made by the To resolve the conflicts between
legislature of India To make the laws executive and legislature & other
public related matters or conflicts
Government Of India
Administrative Hierarchy According to Indian
Constitution
Parliament Of India
4 main types of courts in India
President of India
The Parliament of India

• The Parliament of India consists of the President, the Lok Sabha and the Rajya
Sabha. (Ref.: Art. 79).
• The President is a part of the Legislature, even though he or she does not sit in
Parliament.
• The main functions of Parliament are:
• Providing the cabinet
• Control of the Cabinet
• Criticism of the Cabinet and of individual Minister
• Parliament secures the information authoritatively
• Legislation i. e. making laws (Ref.: Arts. 107; 108; 245}
• Financial control.
• Bill passed by the House of Parliament can not become law without the
President’s assent.
Rajya Sabha and Lok Sabha
• The Rajya Sabha is composed of not more than 250 members of whom 12 are nominated by the President
and 238 are representatives of the states and the Union Territories elected by the method of indirect
election (Ref.: Art. 80}.
The 12 nominated members are chosen by the President from amongst persons specialised in science, art,
literature and social service.
• Representatives of each State are elected by the elected members of the Legislative Assembly of the state
in accordance with the system of proportional kn representation by means of the single transferable vote.
Prescribed composition of the Lok Sabha is:
* Not more than 530 representatives of the States;
* Not more than 20 representatives of Union Territories.
*Not more than 2 members of the Anglo- Indian community, nominated by the President. The Lok Sabha at
present consists of 543 members (530 members are directly elected from the States and 13 from UTs).
• The Lok sabha at present consists of 543 members (530 members are directly elected from the states and
13 from the UTs)
• The representatives of the States are directly elected by the people of the States on the basis of adult
suffrage. Every citizen who is not less than 18yearsofage and is not otherwise disqualified is entitled to
vote at such election (Ref.: Art. 326).
• Every citizen who is not less than 18yearsofage and is not otherwise disqualified is entitled to vote at such
election (Ref.: Art. 326).
Rajya Sabha and Lok Sabha
• The Council of State is not subject to dissolution. It is a permanent body. 1/3 of its members retire on
the expiration of every second year.
• The normal term of the Lok Sabha is 5 years, but it may be dissolved earlier by the President.
• The normal term of Lok Sabha can be extended by an Act passed by parliament itself during
Emergency.
• The extension can not be made for a period exceeding one year at a time. Such extension can not
continue beyond a period of six months after the proclamation of Emergency ceases to operate.
• Parliament must meet at least twice a year and not more than six months shall elapse between two
sessions of Parliament.
• A session is the period of time between the first meeting of Parliament and prorogation of
Parliament.
• The period between prorogation of Parliament and its re-assembly in a new session is called recess.
Within a session, there are a number of daily sittings separated by adjournments which postpone the
further consideration of a business for a specified time.
Rajya Sabha and Lok Sabha
• The sitting of a House can be terminated by dissolution, prorogation or adjournment
• While the powers of dissolution and prorogation are exercised by the President on
the advice of the Council of Ministers. The power to adjourn the daily sittings of Lok
Sabha and Rajya Sabha belongs to the Speaker and the Chairman, respectively.
• A dissolution brings Lok Sabha to an end so that there must be a fresh election while
prorogation merely terminates a session. Adjournment does not put an end to the
session of Parliament but merely postpones the further transaction of business for a
specified time, hours, days or weeks. On dissolution of the Lok Sabha all matters
pending before the House Lapse. If these matters have to be pursued, they must be
re-introduced in the next House after fresh election.
• But a Bill pending in the Rajya Sabha which has not yet ben passed the Lok Sabha
shall not lapse on dissolution.
• A dissolution does not affect a joint sitting of the two Houses ,if the president has
notified his intension to hold a joint sitting before the dissolution (Ref. Art.108(5)).
Speaker and Deputy Speaker of The Lok Sabha
• Speaker presides over the Lok Sabha.
• The Speaker or the Deputy Speaker, normally holds office during the life of the
House, but his office may terminate earlier in any of the following ways:
• By his ceasing to be a member of the House.
• By resignation in writing, addressed to the Deputy Speaker, and vice-versa
• By removal from office by a resolution, passed by a majority of all the then members
of the House (Ref.: Art. 94).
• A resolution to remove the speaker can not be moved unless at least 14 days notice
has been given of the intention to move the resolution.
• While a resolution for his removal is under consideration, the Speaker can not
preside but he can speak in, take part in the proceedings of the House and vote
except in the case of equality of votes (Ref.: Art. 96).
• At other meetings of the House the Speaker can not vote in the first instance, but
can exercise a casting vote in case of equality of votes.
Speaker and Deputy Speaker of The Lok Sabha
• The Speaker has the final power to maintain order within the Lok Sabha and to
interpret its Rules of Procedures.
• In the absence of a quorum the Speaker adjourns the House or suspends the.
meeting until there is a quorum.
• The Speaker's conduct in regulating the procedure or maintaining order in the House
can not be questioned in a Court (Ref.: Art. 122).
• The Speaker presides over a joint sitting of the two Houses of Parliament (Ref: Art.
118(4)).
• When a Money Bill is transmitted from the Lok Sabha to the Rajya Sabha the Speaker
may certify that it is a Money Bill (Ref: Art. 110(4).
• The decision of the Speaker on whether a Bill is Money Bill is final.
• While the office of Speaker is vacant or the Speaker is absent from a sitting of the
House, the Deputy Speaker presides, except when a resolution for his own removal is
under consideration
Chairman and Deputy Chairman of the Rajya Sabha
• Vice-President of India is ex-officio Chairman of the Rajya Sabha and functions as the
Presiding Officer of that House so long as he does not officiate as the President.
• When the Chairman acts as the President of India, the duties of the Chairman are
performed by the Deputy Chairman.
• The Chairman may be removed from his office only if he is removed from the office
of the Vice-President.
• The powers of Chairman in the Rajva Sabha are similar to those of the Speaker in the
Lok Sabha except that the Speaker has certain special powers like certifying a Money
Bill, or presiding over a joint sitting of the two Houses.
• Note:Money Bill in general covers the issue. receipt and spending of money,
borrowing by the Government, tax laws and expenditure of the Government and
prevention of Black money, etc. Money Bill can be introduced in the Parliament (the
Lok Sabha) Lower House only.
Executive of the states
The Governor
• The Governor of a state is appointed by the President and holds his office at the
pleasure of the President
• Qualifications for the post of Governor are:
• Should be a citizen of India
• Should be over 35 years of age.
• Must not hold other office of profit and should not be a Member of the Legislature of
the Union or of any State (Ref.: Art. 158).
• If a Member of a Legislature is appointed Governor, he ceases to be a Member
immediately upon such appointment.
• The normal term of a Governor's office is five years, but it may be terminated earlier
by:
• Dismissal by the President (Ref.: Art. 156 (1):
• There is no bar to a person being appointed Governor more than once.
Chief Minister and The State council of ministers
• Chief Minister is the head of the State Council of Ministers.
• The Chief Minister is appointed by the Governor.
• The other Ministers are appointed by the Governor on the advice of Chief Minister.
• Any person may be appointed a Minister but he must become member of the
legislature within six months of such appointment.
• The Council of Ministers is collectively responsible to the Legislative Assembly of the
state but individually responsible to the Governor.
• The relation between the Governor and his Ministers is similar to that between the
President and his Ministers.
Election
• The general election is held on the basis of adult suffrage.
• Every person who is a citizen of India and not less than 18 years of age is entitled to
vote at the election, provided he is not disqualified by law.
• Election to Parliament or the Legislature of a State can be called in question only by
an election petition in the High Court, with appeal to the Supreme Court [Art. 329).
• The exclusive forum for adjudicating disputes relating to the election of the President
and Vice president is the Supreme Court [Art. 71].
Election Commission
• In order to supervise the entire procedure and machinery for election and for some
other ancillary matters, the Constitution provides for this independent body [Art.
324].
• The Election Commission is independent of executive control to ensure a fair
Election.
• The Election Commission consists of a Chief Election Commissioner and two other
Election Commissioners.
• President can determine the number of Election Commissioners [Art. 324(2).
Chief Election Commissioner(CEC)
• The President appoints the Chief Election Commissioner who has a tenure of 6 years,
or up to the age of 65 years, whichever is earlier.
• The CEC enjoys the same status and receives the same salary and perks as available
to judges of the Supreme Court.
• The Chief Election Commissioner can be removed from his office only in a manner
and on the grounds prescribed for removal of judge of the Supreme Court.
• Other Election Commissioners can be removed by the President on the
recommendation of the Chief Election Commissioner.
• The Election Commission has the power of superintendence, direction and conduct
of all elections to Parliament and the State Legislatures and of elections to the offices
of the President and Vice-President (Ref.: Art. 324(1).
• Regional Commissioners can be appointed by the President in consultation with the
Election Commission for assisting the Election Commission (Ref: Art. 324(4).
Thank You!

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