For Telugu Notes & Updates, Visit: https://manajournal.blogspot.com/
👉 ENGLISH https://amzn.to/48vOHbM,👉 FOR MCQs https://amzn.to/4c0SZsE
Article 76 – Attorney General of India:
• Article 76 states that the President shall appoint a person as Attorney General of India.
• The person must be qualified to be a Judge of the Supreme Court.
• He is the first legal officer of the Government.
• The term of office of the Attorney General is not fixed by the Constitution of India
It is convention that, after the change of the government, the Attorney-General resigns and the new government appoints one of its own choice.
• He advises the Government of India on any legal matter. He performs any legal duties assigned by the President of India. He discharges any functions conferred on him by the Constitution or the President.
• In the performance of his duties, the Attorney-General shall have right of audience in all Courts in the territory of India.
• He shall neither advise nor hold a brief against the Government of India in cases in which he is called upon to advise the Government of India. Nor should he defend accused persons for criminal prosecutions without the permission of the Government of India.
• He is prohibited to take appointment as a Director in any company without a permission of the Government of India.
• The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided, the other party is not the State.
• He is not paid a salary but a retainer that is determined by the President.
• Although he is not a member of the either House of the Parliament, he enjoys the right to attend and speak in the Parliamentary deliberations and meetings of both the Lok Sabha and the Rajya Sabha (without a right to vote).
• He is entitled to all the privileges and immunities as a Member of the Parliament.
• The retainer of the Attorney General is equal to the salary of a judge of the Supreme Court.
• He is assisted by two Solicitors General and four assistant Solicitors-General.
The Attorney-General hold office during the pleasure of the President, and receives remuneration as the President may determine.
The Comptroller & Auditor General of India (CAG):
• Under Article 148, The President appoints the Comptroller and Auditor General (CAG) to perform all duties and exercise power in connection with the accounts of the Union and States. His main duty is to keep a vigilant watch on the finances of the Union and the States, to submit reports to the President and the Governor of the States, and to ensure that the money voted by the legislature is spent under appropriate heads and non exceeded or varied.
• He holds office for a term of 5 years or till he attains the age of 65 years, whichever is earlier. The President can remove him (CAG) from the office before the expiry of his term on grounds of proved misbehaviour or incapacity. In short, the CAG acts as the custodian and trustee of public money. He ensures regularity of expenditure and looks into the wisdom of the expenditure.
Prime Minister & Council of Ministers:
• The position of Prime Minister in the Council of Ministers is described as ‘Primus Inter Pares’ i.e. first among the equals.• The Prime Minister (PM) is appointed by the President and other ministers are appointed by the President on the advice of Prime Minister (Art. 75 (1)).
• Ministers may be taken from members of either House and minister who is member of one House has the right to speak and take part in the proceedings of the other House but can not vote in the House of which he is not member (Art. 88).
Prime Ministers of India:
Sl. | Name | Party | Tenure
-
Pt. Jawaharlal Nehru | INC | Aug. 15, 1947 to may 27, 1964
Gulzarilal Nanda (acting) | INC | May 27, 1964 to June 9, 1964 -
Lal Bahadur Shastri (died in office) | INC | June 9, 1964 to Jan. 11, 1966
Guljarilal Nanda (acting) | INC | Jan. 11, 1966 to Jan. 24, 1966 - Indira Gandhi | INC | Jan. 24, 1966 to March 24, 1977
- Morarji Desai | Janta Party | March 24, 1977 to July 28, 1979
- Chaudhary Charan Singh | Janata Party (S) | July 28, 1979 to Jan. 14, 1980
- Indira Gandhi (died in office) — Congress (I) — Jan 14, 1980 to Oct. 31, 1984
- Rajiv Gandhi — Congress (I) — Oct 31, 1984 to Dec. 2, 1989
- Vishwanath Pratap Singh — Janata Dal — Dec. 2, 1989 to Nov. 10, 1990
- Chandra Shekhar — SJP/Janata Dal (S) — Nov. 10, 1990 to June 21, 1991
-
P. V. Narasimha Rao — Congress (I) — June 21, 1991 to May 16, 1996
Atal Bihari Vajpayee — BJP — May 16, 1996 to June 1, 1996 - H. D. Deve Gowda — Janata Dal — June 1, 1996 to April 21, 1997
- Inder Kumar Gujral — Janata Dal — April 21, 1997 to March 19, 1998
- Atal Bihari Vajpayee — BJP — March 19, 1998 to May 22, 2004
- Manmohan Singh — INC — May 22, 2004 – may 26, 2014
- Narendra Modi — BJP — May 26, 2014 – till date
• A person who is not a member of either House can also become a minister but he cannot continue as minister for more than 6 months unless he secures a seat in either House of Parliament (by election or nomination) in the mean time [Art. 75 (5)].
• Art. 75 (2) envisages principle of individual responsibility which says that a minister shall hold office during the pleasure of the President.
• Art. 75 (3) says ministers shall be collectively responsible to House of People. It is the principle of collective responsibility.
• If Prime Minister resigns or passes away, entire ministry goes out automatically.
• Art. 78 envisages duties of Prime Minister in respect of furnishing information to the President.
Types of Ministers:
• Cabinet Ministers: Senior most ministers constitute the cabinet and have the right to attend all the cabinet meetings. Only cabinet ministers deliberate and decide on the policy matter. 44th Constitution Amendment Act, 1978 incorporated the word ‘Cabinet Ministers’ in Article 352 of the Constitution.
• Ministers of State: Lower in rank to Cabinet Ministers and assist the latter. They can attend the cabinet meetings only if invited for any particular meeting.
• Deputy Ministers: They can not hold independent charge and always assist cabinet or state ministers or both. They never attend the cabinet meeting.
THE PARLIAMENT:
• Article 79 provides that there shall be a Parliament for the Union which shall consist of the President
and two Houses to be known as the Council of States (Rajya Sabha or Upper House) and the House of the People (Lok Sabha or Lower House).
• Parliament make legislations.
• Parliament has financial control over the executive and it is the sole authority to raise the taxes.
The Council of States (Rajya Sabha):
• As per Article 80 (ii): The Council of State shall consist of not more than 238 elected members and 12 nominated members for a period of six years.
• At present the strength of Rajya Sabha is 245, of which 233 are elected and 12 are nominated.
• The members to be nominated by the President are persons having special knowledge or practical experience in respect of literature, science, art and social service.
• The elected members of each State legislature elect their representatives on the basis of proportional representation with a means of single transferable vote.
• Rajya Sabha is permanent House while one third of its members retire every two years by rotation.
• The members of Rajya Sabha participate in the election and impeachment (removal) of the President, except the nominated ones.
• In case of emergency declaration under Art. 352 and Art. 356 by the President, the resolution must be approved by both the Houses of Parliament.
• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He presides over the proceedings of the Rajya Sabha as long as he does not act as the President of India during vacancy in the office of the President.
• The Deputy Chairman of Rajya Sabha is elected by the members from amongst its members. In the absence of the Chairman, Deputy Chairman presides over the functions and proceedings of the House. Deputy Chairman ceases to be a member of the Council if he ceases to be a member of the Council and he may resign by writing to Chairman and also may be removed by a resolution of the Council passed by a majority of the members of the Council.
• Each federal unit is represented by at least one member.
• UP has largest number of Rajya Sabha seats (31) & Maharashtra second largest (19) while all the NE States have one seat each. Some resolution can be initiated only in Rajya Sabha e.g.
– A resolution seeking the removal of the Vice-President (Article 67)
– Any resolution creating creation of one or more All-India services (Article 312)
– A resolution seeking legislation on any subject of the State List (Art. 249)
Qualification for Election of Rajya Sabha Members:
• He should be a citizen of India.
• He should not be less than 30 years of age.
• He must be a voter in a parliamentary constituency in the State or Union Territory from where he is intended to be chosen.
• He should not hold any office of profit.
The House of the People (Lok Sabha):
• As per Art. 81 there shall be not more than 530 representatives from the States, 20 from the UTs.
• And no more than 2 members from Anglo Indian community nominated by the President (Art. 331).
NOTE : Anglo-Indian nomination was abolished by the 104th Constitutional Amendment Act, 2019 (effective 2020).
• At present there are 545 members in Lok Sabha, of which 530 are from States, 13 from UTs and 2 nominated by the President.
• The Parliament has frozen representation of States and UTs in Lok Sabha at 543 till 2026 AD.
• The Constitution through Art. 83 provides normal tenure of Lok Sabha to be 5 years. However, Parliament through 42nd Constitution Amendment Act, 1976 extended it to 6 years but the 44th Constitutional Amendment Act, 1978 again fixed it to 5 years.
Joint Sitting:
• Under Art. 108, there is a provision of joint sitting of both Houses. The President summons the joint sitting and Lok Sabha speaker presides over the joint sitting [Art. 118(4)].
• There are only three occasions in the history of Parliament took place. They are as follows:
(i) In May 1961, for Dowry Prohibition Bill, 1959.
(ii) In May 1978 for Banking Services Commission (Repeal) Bill.
(iii) In 2002 for Prevention of Terrorism Bill.
• Joint sitting can not be called for resolving deadlock regards to Money Bill and Constitution Amendment Bills.
• Joint session of both Houses can be convened on two occasions.
(i) Special address by the President at the commencement of first session after each general election.
Sessions of Parliament:
• The maximum gap between two sessions of the Parliament can not be more than six months (means that Parliament should meet at least twice in a year). However, there are usually three sessions in a year. They are:
(i) Budget Session (February to May)
(ii) Monsoon Session (July to September)
(iii) Winter Session (November to December)
Note: Winter session is the shortest session.
Qualification for Election of Lok Sabha Members:
• He should be a citizen of India.
• He should not be less than 25 years of age.
• He should be a voter in any of the Parliamentary Constituencies in India.
• He should not hold any office of profit.
• Immediately after the Lok Sabha is constituted, the President appoints a Pro-tem Speaker who administers oath to members of the House. He acts as the Speaker till the Speaker is elected by Lok Sabha.
• The Speaker is elected by Lok Sabha.
• The Leader of Opposition in Lok Sabha is recognised as Opposition Party having at least 10% of total strength.
• The Leader of Opposition in both Houses of Parliament is entitled to the salary, allowances and facilities equivalent to that of a Cabinet Minister.
• UP has largest number of Lok Sabha seats (80) followed by Maharashtra (48) and Andhra Pradesh & West Bengal (42 each)
general election of Lok Sabha; First Session of each year (the Budget Session).
(ii) For resolving any dead lock over the passage of a Bill.
End of the Session:
(i) Prorogation
The presiding officer (Speaker) declares the House adjourned sine die, when the business of the session is completed. Within the next few days the President issues a notification for prorogation of the session. The President can also prorogue the House while in session.
(ii) Adjournment
This is a short recess within a session of the Parliament, called by the presiding officer of the House. Its duration may be from a few minutes to days together.
(iii) Adjournment sine die
It is a type of adjournment when the House is adjourned by the presiding officer without fixing any date or time of the next meeting.
Note: The adjournment does not bring to an end of a session, but merely postpones the proceedings of the House to a future time and date.
• Quorum is the minimum number of members required to be present in the House before it can transact any business. It is one-tenth of the total number of members in each House including the presiding officer. It means that Quorum consists 55 members in Lok Sabha and 25 members in Rajya Sabha.
• The Constitution has declared Hindi and English to be the languages for transacting business of the Houses. It can permit a member to address the House in his mother-tongue.
Bills introduced in Parliament:
• Legislative procedure is initiated in the form of a Bill, when the Bill is passed by both Houses of Parliament and assented by the President, it becomes a Law.
Bills can be classified under following categories:
(i) Ordinary Bills:
• These are concerned with any matter other than Financial Bills, Money Bills and Constitutional Amendment Bills.
• Such Bills can be introduced in either House of Parliament without the recommendation of President. These bills are passed by simple majority in both Houses.
(ii) Money Bills:
• These are defined in Article 110. These Bills deal with the taxes, borrowings, consolidated & contingency funds, audit and accounting, etc.
• Art. 109 gives special procedure regarding Money Bills.
• A money Bill can originate only in Lok Sabha after the recommendation of the President. Though the Bill is sent to Rajya Sabha also but even Rajya Sabha rejects/returns the Bill (within 14 days necessarily), the Bill is deemed to be passed.
• The Appropriation Bill and Annual Financial Bill (Budget) are Money Bills.
(iii) Financial Bills:
• Any Bill dealing with revenues or expenditure but not certified as Money Bill by the Speaker is a Financial Bill.
• Financial Bill can only be introduced in Lok Sabha on the recommendation of the President & should be passed by both Houses by simple majority.
(iv) Constitutional Amendment Bills:
• Under Art. 368 with the Powers of Parliament to amend the Constitution, this Bill can be introduced in any of the two Houses without recommendation of the President.
• Such Bills must be passed by each House separately with a special majority (two third of the members present and voting which must be more than absolute majority).
• By 24th Constitutional Amendment Act, 1971 it is obligatory for the President to give his assent to the Constitution Amendment Bills.
Types of Majorities:
Broadly there are four types of majorities. They are as follows:
(i) Simple Majority: More than 50% of the members present and voting (excluding members abstaining).
(ii) Absolute Majority: More than 50% of the total members including abstaining members.
(iii) Effective Majority: More than 50% of the effective strength of the House (vacancies are not considered).
(iv) Special Majority: As per Art. 61, two third of the total strength of the House (including vacancies)
To be continued.....
No comments:
Post a Comment