CHAPTER6.2 THE UNION EXECUTIVE

   

 

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THE UNION EXECUTIVE :

Parliamentary Terms:

1. Vote on Account (Art. 116)

Lok Sabha can grant a limited sum from the Consolidated Fund of India to the executive to spend till the Appropriation Act is passed by the Parliament. There is no discussion on it.

2. Question Hour

The first hour of every sitting in both the Houses is devoted to asking and answering questions. The timing is from 11 to 12 noon. Questions are of three types:

(i) Starred Questions: These questions are to be answered orally on the floor of the House. Supplementary questions can also be asked here.

(ii) Unstarred Questions: These questions are answered in writing and no supplementary questions can be asked here.

(iii) Short Notice Questions: These questions related to issues of public importance and can be asked with notice shorter than 10 days prescribed for ordinary question.

3. Zero Hour

It is an Indian innovation and it is in existence since 1962. This is the period between end of the question hour and the beginning of the day’s proceedings. It starts at 12 noon and generally goes on upto 1 P.M. There members raise any issue of public importance on very short or even without notice.

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4. Half-An-Hour Discussion

This kind of discussion on matters arising out of the question already answered in the House can be held in the Lok Sabha during the last half hour of the sitting on Monday, Wednesday and Friday. In Rajya Sabha it can be held on any day.

5. Types of Motions:

(i) Calling Attention Motion: A member may, with the prior permission of the Speaker, call the attention of a minister to any matter of urgent public importance. It does not exist in the Rajya Sabha, which has instead “Motion of Papers”.

(ii) Adjournment Motion: This motion is to draw the attention of the House to a recent matter of urgent public importance and having serious consequences. The consent of the Speaker and support of 50 members of the House is required for the admittance of such a motion.

(iii) Censure Motion or No Confidence Motion: It is an expression of lack of confidence in the Ministry. At least 50 members shall rise in support to permit the move of a motion.

(iv) Closure Motion: To cut short the discussion on any subject. Closure Motion can be moved by any member.

(v) Cut motion: It can be of three types:

(a) Policy Cut: It disapproves the policy and says that amount be reduced to Re. 1.

(b) Economic Cut: It reduces the amount by a specific sum so as to bring economy in the project.

(c) Token Cut: It reduces amount by Rs.100. The objective here is to voice a particular grievance for which the government is responsible.

6. Special Mention

A matter which can not be raised under any established rule of the House, can be raised under the special mention in Rajya Sabha. It is similar to the “Notice Mention under Rule 377 in the Lok Sabha.

7. Guillotine

Certain “Demands for Grants” of various ministers are accepted by the Lok Sabha without any

8. Types of Governments:

(i) Caretaker Government: Usually, the outgoing Government is asked to continue in the office till a new government after election takes the charge.

(ii) Interim Government: In India, interim government came into power with the Independence of India Act, 1947 on 15th August and lasted till March 1952. It was a full-fledged government and able to take any policy decision.

(iii) Minority Government: Government which do not have full confidence of Lok Sabha on its own and survives on the support of other political parties outside government.

(iv) Coalition Government: When two or more political parties form the government to achieve their common goals.

(v) National Government: It is government by consensus or a form of coalition government in which all political parties participate with having no opposition. Such a Government was formed in Britain in 1940 by Winston Churchill during world war II.

9. Shadow Cabinet

It is a national cabinet formed by the main opposition party in Parliament where in the members are assigned certain special functions to perform. Such members lead to the opposition during discussion in Parliament. It is also called as “Cabinet-in-waiting”.

10. Hung Parliament

When no political party or pre-election coalition of political parties is in a position to form a majority government.

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Parliamentary Committees:

• Parliamentary Committees are of two kinds- standing committees and adhoc committees.

• Standing committees are elected or appointed every year or periodically and their work goes on, more or less on a continuous basis.

• The adhoc committees are appointed on an adhoc basis as need arises and they ceases to exist as soon as they complete the task assigned to them. Adhoc committees may be broadly classified into the inquiry committees and select or joint committees on bills.

• The Rules Committee of the Lok Sabha recommended setting up of 17 Department Related Standing Committees (DRSCs). Accordingly on 8th April 1993, 17 DRSCs were set up. In July 2004, rules were amended to provide for the constitution of seven more such committees, thus raising the number of DRSCs from 17 to 24. Each committee consists of 45 members (30 from Lok Sabha and 15 from Rajya Sabha).

• Members of all Financial Committees, the committee on welfare of Scheduled Castes and Scheduled Tribes and the Joint Committee on offices of profit are elected every year by members, according to the system of proportional representation by means of single transferable vote.

• If speaker or presiding officer himself is member of the committee then he becomes the Chairman. If he is not a member but his deputy is, then later is appointed as chairman.

• Ministers can neither become members of the Financial Committees nor can they be asked to appear before them for the purpose of giving evidence.

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Important Parliamentary Committees:

 Committee on Estimates:

• The first estimates committee in the post independence era was constituted in 1950 on the recommendation of John Mathai, the then finance minister.

• This committee consists of 30 members only. All the members are from Lok Sabha. Originally it had 25 members, but in 1956 its membership was raised to 30. A minister cannot be appointed as its member.

• The function of this committee is to examine whether the money is well laid out within the limits of the policy implied in the estimates. It may suggest changes if it thinks so.

• The committee acts as the continuous economy committee.

 Committee on Public Accounts: 

• The committee was constituted in 1964 on the recommendation of Krishna Menon Committee. Originally it had 15 members (10 from Lok Sabha and 5 from Rajya Sabha). However in 1974, its membership was raised to 22 (15 from Lok Sabha and 7 from Rajya Sabha). A minister cannot be elected as member of this committee.

• The Speaker appoints the Chairman of this committee from amongst its members. Until 1966-67 the Chairman of the committee belongs to ruling party but since 1967 the Chairman of

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 Committee on Public Undertakings:

• This committee was created in 1964.

• It consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha).

• The members are elected by Parliament every year according to the system of proportional representation by means of single transferable vote.

• A minister cannot be elected as a member of this committee.

• The Chairman of the committee is appointed by the Speaker from amongst its members who are from Lok Sabha.

• The function of this committee is to examine the reports and accounts of public undertakings and to see whether the affairs of such undertakings are being managed in accordance with sound business principles and prudent commercial practices.

• It also examines the reports of the Comptroller and Auditor General on public undertakings.

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 Committee on Welfare of the Scheduled Castes and Scheduled Tribes:

• This committee consists of 20 members from Lok Sabha and 10 members from Rajya Sabha.

• The Chairman is appointed by the Speaker of Lok Sabha

• To examine the representation of Scheduled Castes (SCs) and Scheduled Tribes (STs) in various services under the Government.

• To review the implementation of welfare programmes for SCs and STs.

• To ensure that constitutional safeguards and protections provided to SCs and STs are properly implemented.

• To study the working of government policies related to SC/ST welfare.

• To suggest measures for improvement in their socio-economic conditions.

 Rules Committee:

• The Rules Committee of Lok Sabha consists of 15 members including the Speaker who is the ex-officio Chairman of the committee.

• The Rules Committee of Rajya Sabha consists of 16 members including the Chairman as its ex-officio Chairman.

• The function of the committee is to consider matters of procedure and conduct of business in the House and recommend any amendments or additions to the rules.

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Union Public Service Commission (UPSC):

• The Chairman and other members of the Commission are appointed by the President.

• They hold office for a term of six years from the date of appointment, or until they attain the age of 65 years, whichever is earlier.

• They are independent of the Executive and Legislature in the same manner as the Judges of the Supreme Court.

• The conditions of service of members cannot be varied to their disadvantage after appointment.

• It conducts examinations for appointments to the services of the Union.

• It advises the President on matters relating to recruitment, promotions and disciplinary matters.

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Staff Selection Commission (SSC):

• The Staff Selection Commission was set up in 1975.

• It is an attached office of the Department of Personnel and Training (DoPT).

• It conducts examinations for recruitment to various Group ‘B’ (non-gazetted) and Group ‘C’ posts in the Central Government.

• The Commission functions under the control of the Government of India.

Important Constitutional Amendment Acts :

Amendment No.	Year	Key Features / Importance
1st	1951	Added 9th Schedule, restricted FRs (land reforms)
7th	1956	Reorganisation of states (linguistic basis)
24th	1971	Parliament can amend Fundamental Rights
25th	1971	Curtailed Right to Property
26th	1971	Abolished Privy Purses
36th	1975	Sikkim became a state
42nd	1976	Mini Constitution – added DPSP power, Fundamental Duties
44th	1978	Removed Right to Property from FR, restored rights
52nd	1985	Anti-defection law (10th Schedule)
61st	1989	Voting age reduced to 18 years
69th	1991	Special status to Delhi (NCT)
71st	1992	Added Konkani, Manipuri, Nepali languages
73rd	1992	Panchayati Raj system
74th	1992	Urban Local Bodies (Municipalities)
86th	2002	Right to Education (Art. 21A)
91st	2003	Limited size of Council of Ministers
92nd	2003	Added Bodo, Dogri, Maithili, Santhali
97th	2011	Cooperative societies given constitutional status
101st	2016	GST introduced
102nd	2018	National Commission for Backward Classes
103rd	2019	10% EWS reservation
104th	2019	End of Anglo-Indian nomination
105th	2021	States’ power to identify OBCs restored
106th	2023	Women’s Reservation (33% in LS & State Assemblies)