Union Executive 2

President

Article 52 provides the office of the President of India. The President is the head of the Indian State. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation.
Qualification of the President
Under Article 58, a person to be eligible for election as President should fulfil the following qualifications
▸ He should be a citizen of India. He should have completed 35 years of age.
▸ He should be qualified for election as a member of the Lok Sabha.
▸ He should not hold any office of profit under the Union Government or any State Government or any local authority or any other public authority.

Election of the President (Article 54)

The President is elected not directly by the people but by members of electoral college consisting of the elected members of both the Houses of Parliament; the elected Members of the Legislative Assemblies of the states; the elected Members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry.
▸ Nominated members do not participate in the election of the President.
▸ When Assembly is dissolved, the members cease to be qualified to vote in the presidential election.
▸ Value of the vote of an MLA = [Total Population of State/Total Number of Elected MLAs] × [1/100]
▸ Value of the vote of an MP = Total Value of Votes of all MLAs of All States/Total Number of Elected MPs
The President's election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is through secret ballot.
▸ The candidate who gets 50% of votes is considered elected. Quota = [Number of Votes Polled/ 2] + 1
In this method, each voter casts as many votes as there are candidates in the field by giving his preference. In the first phase, first preference votes are counted. In case a candidate secures the required quota, he is declared elected, otherwise the process of transfer of votes is set in motion.
▸ This process continues till a candidate secures the required quota. This procedure shows the majority of the elected President. All disputes regarding election of the President are adjudicated by the Supreme Court.
▸ Nomination for election of President must be supported by at least 50 electors as proposers and 50 electors as seconders.
▸ Security deposit for the nomination as President is ` 15000 in RBI.
Conditions of President's Office
Article 59 of the Constitution lays down the following condition of the President's office
▸ He should not be a member of either House of Parliament or a House of the State Legislature. If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as the President.
▸ He should not hold any other office of profit. He is entitled, without payment of rent, to the use of his official residence (the Rastrapati Bhavan).
▸ He is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
▸ His emoluments and allowances cannot be diminished during his term of office. Article 60 Oath and affirmation of the President
▸ The oath of the President is administered by Chief Justice of India and in his absence, the senior most Judge of the Supreme Court.
▸ Any person acting as the President also undertake similar oath.

Term of the President

Under Article 56, the President shall hold office for a term of 5 years from the date on which he enters upon his office.
▸ He may resign from his office by writing under his hand addressed to the Vice-President (he can communicate to the Speaker of the Lok Sabha).
Impeachment of the President
Under Article 61, President can be impeached from office for ''violation of the Constitution''.
▸ The impeachment can be initiated by either House of the Parliament.
▸ These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days' advance notice should be given to the President. After the impeachment motion is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges.
▸ The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the motion by a majority of two-thirds of the total membership, the President to be removed from his office at that time and date.

Vacancy in the President's Office

▸ Under Article 62 a vacancy in the President's office can occur in any of the following ways
▸ On the expiry of his tenure of 5 years. By his resignation.
▸ On his removal by the process of impeachment.
▸ By his death. Otherwise, e.g. when he becomes disqualified to hold office or when his election is declared void.
▸ An election to fill the vacancy (due to expiration of term) must be held before the expiry of the term.
▸ If the office fall vacant by resignation, removal, death or otherwise, then election to fill the vacancy should be completed within 6 months from the date of the occurrence of such a vacancy. The newly-elected President remains in office for a full term of 5 years from the date he assumes charge of his office.

Quick Digest

▸ In Presidential Election, VV Giri is the only person, who won the election of the President as an independent candidate in 1969.
▸ In July 1977, Neelam Sanjeeva Reddy was elected unopposed as no one else filled nomination for the post of the President.
▸ Justice M Hidayat-ul-lah is the only person to perform the function of the President two times in two different capacities, the first time in 1969, being the Chief Justice of the Supreme Court and the second time being the Vice-President of India in 1982.

Powers and Functions of the President

Powers and functions of the President can be categorised into
▸ Executive powers
▸ Legislative powers
▸ Financial powers
▸ Judicial powers
▸ Diplomatic powers
▸ Military powers
▸ Emergency powers
Executive Powers
▸ All executive actions of the Government of India are formally taken in the name of President.
▸ He can make rules specifying the manner in which the orders and other instruments made and executed in his/her name shall be authenticated.
▸ He appoints Prime Minister, other Ministers, Chief Justice and Judges of Supreme Court, High Courts, the Attorney-General of India, the Comptroller and Auditor General, Chairman and Members of UPSC, Chief Election Commissioner and other Members of Election Commission, Governors,Members of Finance Commission etc.
▸ He can seek any information relating to the administration of affairs of the union, and proposals for legislation from the Prime Minister.

Legislative Powers

▸ Summon or prorogue the Parliament and to dissolve the Lok Sabha.
▸ Summon a joint sitting of both the Houses of Parliament, which is headed by the Speaker of the Lok Sabha.
▸ Address the Parliament at the commencement of the first session after each general election and the first session of each year.
▸ He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and the Deputy Chairman fall vacant.
▸ Nominates 12 Members in Rajya Sabha (from amongst person, who have special knowledge in respect of Literature, Science, Art and Social service) and 2 Members of Anglo-Indian Community in the Lok Sabha.
▸ He decides the questions on disqualifications of Members of the Parliament, with consultation to the Election Commission.
▸ His prior recommendation or permission is needed to introduce certain types of bills in the Parliament, e.g. Money Bill, creation/recreation of new States Bill. When a bill is sent to the President after it has been passed by the Parliament, he can
▸ give his assent to the bill or
▸ withhold his assent to the bill or
▸ return the bill (if it is not a Money Bill) for reconsideration of the Parliament. However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill.
▸ He can promulgate ordinances, when the Parliament is not in session. The ordinances must be approved by the Parliament within 6 weeks from its reassembly. He can also withdraw an ordinance at any time (Article 123).
▸ He lays the reports of CAG, UPSC, Finance Commission etc before the Parliament.

Various Pardoning Powers of the President (Article 72)

▸ Pardon It removes both the sentences and the convictions and completely absolves the offender from all punishments and disqualifications.
▸ Reprieve It means a stay of execution of sentence pending a proceeding for pardon or commutation.
▸ Remission The power of remission reduces the amount of sentence without changing its character e.g. a sentence of rigorous imprisonment for 2 years may be remitted to regorous imprisonment for 1 year.
▸ Respite The power to grant respite means awarding a lesser sentence instead of the prescribed penalty in view of some special facts e.g. pregnancy of woman offender.
▸ Commutation It merely substitutes one form of the punishment for another of a lighter character. e.g. a death sentence may be commuted to rigorous imprisonment.

Financial Powers

▸ Money Bills can be introduced in the Parliament only with his prior recommendation.
▸ No demand for a grant can be made except on his recommendation.
▸ He through his representative, presents the annual financial statement before the Parliament. (i.e, the Union Budget).
▸ He can make advance out of the Contingency Fund of India to meet any unforeseen expenditure.
▸ He constitutes a Finance Commission after every five years to recommend the distribution of revenues between the Centre and the States.

Judicial Powers

▸ He appoints the Chief Justice and the Judges of Supreme Court and High Courts.
▸ He can seek advice from the Supreme Court on any question of law or fact. However, the advice tendered by the Supreme Court is not binding on the President (Article 143).

Diplomatic Powers

▸ The international treaties and agreements are negotiated and concluded on behalf of the President.
▸ Sends and receives diplomats like Ambassadors, High Commissioners, and so on.

Military Powers

▸ Supreme Commander of the defence forces of India. Appoints the Chiefs of the Army, the Navy and the Air Force.Declares war or concludes peace, subject to the approval of the Parliament.

Emergency Powers

The President of India can proclaim emergency in three conditions after getting the written recommendation of the Cabinet. National Emergency (Article 352) arising out of war, external aggression or armed rebellion within the country. Constitutional Emergency (Article 356) arising out of the failure of the constitutional machinery in the states. It is also known as President's Rule. Financial Emergency (Article 360) arising out of a threat to financial stability or credit of India.
Emergency Declaration in India
▸ First emergency was declared in 1962, due to Chinese Aggression.
▸ Second emergency was declared in 1971, due to Indo-Pakistan War.
▸ Third emergency was declared in 1975, on grounds of internal disturbance.

Veto Power

▸ President of India is vested with three veto Absolute, Suspensive and Pocket veto. There is no qualified veto in the case of President of India.

Types of Veto

Absolute Veto Withholding of assent to the bill passed by the Legislature Qualified Veto Sending back of a bill, which can be overridden by the Legislature with a higher majorty. Suspensive Veto Sending back of a bill, which can be over sided by the Legislature with an ordinary majority. Pocket Veto Taking no action on the bill passed by the Legislature.It was used in 1986 in the postal bill by the President of that time Giani Zail Singh.

Position of Indian President

The Constitution of India has provided for a Parliamentary form of Government, and the President has been made only a nominal executive, the real executive being the Council of Ministers headed by the Prime Minister.
Vice President
▸ Article 63 There shall be a Vice- President of India. He occupies the second highest office in the country. The manner of election for Vice- President and President is same.
▸ Electoral college of Vice-President consists of elected and nominated members of both the Houses of Parliament.
▸ All disputes regarding election of Vice-President is adjudicated by the Supreme Court.

Qualifications

▸ Vise-President should be a citizen of India.
▸ He should have completed 35 years of age.
▸ He should be qualified for election as a Member of Rajya Sabha.
▸ He should not hold any office of profit.

Oath

Under Article 69, the oath of office of the Vice-President is administered by the President or some person appointed in that behalf by him.

Conditions of Office

▸ He should not be a member of either House of the Parliament or State Legislature.
▸ He should not hold any office of profit.

Term of Office

▸ He can resign from his office at any time by addressing the resignation letter to the President.
▸ He holds office for a term of 5 years from the date on which he enters upon his office.
▸ He can be removed by a resolution of the Rajya Sabha passed by an absolute majority and agreed by the Lok Sabha. [Article 67(b)]
▸ He can be elected for any number of terms.

Vacancy in Office

▸ A vacancy in the Vice-President's office can occur in any of the following ways
▸ On the expiry of his tenure, by his resignation, on his removal, by his death.
▸ When the vacancy is going to be caused by the expiration of the term of the sitting Vice-President, an election to fill the vacancy must be held before the expiration of the term. If the office falls vacant by resignation, removal, death or otherwise, then election to fill the vacancy should be held as soon as possible after the occurrence of the vacancy.
▸ The newly elected Vice-President remains in office for a full term of 5 years from the date he assumes charge of his office.
▸ Emoluments He draws his salary in his capacity as the Ex-officio Chairman of Rajya Sabha. His present salary is ` 125000 per month.
▸ He Vice President draws the salary of ` 4,00,000 per month.

▸ He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha.
▸ He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise.
▸ He can act as President only for a maximum period of 6 months.
▸ While acting as President or discharging the functions of President, the Vice-President does not perform the duties of the office of Chairman of Rajya Sabha, those duties are performed by the Deputy Chairman of Rajya Sabha.
▸ If the offices of both the President and the Vice-President fall vacant by reason of death, resignation, removal etc the Chief Justice of India or in his absence the senior most judge of the Supreme Court acts as President.
▸ For the first time in 1969, when the President Dr Zakir Hussain died and the Vice-President V V Giri resigned, the Chief Justice M Hidayat-ul-lah acted as President.

▸ Krishna Kant was the first Vice-President to die in office.
▸ When two Presidents, Dr Zakir Hussain and Fakruddin Ali Ahmed, died in office, the then respective Vice-Presidents, V V Giri and BD Jatti acted as President.
▸ The Vice-President Dr S Radhakrishnan discharged the functions of the President in June 1960, when the then President Dr Rajendra Prasad was on a 15 days tour to the USSR and again in July 1961, when Dr Rajendra Prasad was very ill.

▸ In the scheme of Parliamentary system of government, the President is the nominal executive authority (dejure executive) and Prime Minister is the real executive authority (de facto executive).
▸ Prime Minister is the Head of the Government while President is the Head of the State of the Republic of India. Article 75 says that the Prime Minister shall be appointed by the President.

Oath, Term and Salary

▸ President administers to him the oaths of office and secrecy.
▸ The term of the Prime Minister is not fixed and he holds office during the pleasure of the President. However, this does not mean that the President can dismiss the Prime Minister at any time. So, long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by the President. However, if he loses the confidence of the Lok Sabha, he must resign or the President can dismiss him.
▸ The salary and allowances of the Prime Minister are determined by the Parliament from time to time.

Power and Functions

Prime Minister has following powers and functions

In Relation to Council of Ministers (CoMs)

The Prime Minister enjoys the following power as Head of Council of Ministers. He allocates and reshuffles various portfolios among the ministers. He can ask a minister to resign or advise the President to dismiss him in case of difference in opinion. He presides over the meeting of Council of Ministers and influences their decisions.
▸ He guides, directs, controls, and coordinates the activities of all the ministers.
▸ He can bring about the collapse of the Council of Ministers by resigning from office. When Prime Minister resigns or dies, the CoMs and other ministers cannot function because Prime Minister is the head of the CoMs.
▸ His resignation or death automatically dissolves the CoMs.

In Relation to the President

▸ Under Article 78, it is the duty of the Prime Minister :
▸ To communicate to the President, for all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;
▸ To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for and
▸ If the President 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.
▸ He advices the President with respect to the appointment of officials like CAG, Attorney- General of India, Chairman and members of UPSC, Election Commission, Finance Commission etc.

Union Council of Ministers

Appointment of Ministers

▸ Ministers are appointed by the President on the advice of the Prime Minister. It means only those persons can be appointed who are recommended by Prime Minister.
▸ The Prime Minister and other Ministers have to be members of either House of Parliament or should become members within 6 months of their appointment, failing, which they are removed.

Oaths and Salary of Ministers

President administers the oath to the minister. Salaries and allowances of ministers are determined by the Parliament from time to time.

Responsibility of Ministers

▸ Collective Responsibility Under Article 75, the CoMs is collectively responsible to Lok Sabha for all their acts. It means that the Cabinet decisions bind all Cabinet Ministers and other ministers even if they differed in the Cabinet meeting.
▸ It is a team and its member sink and swim together (Article 75).
▸ Article 75, also contains the principle of individual responsibility.
▸ No Legal Responsibility There is no provisions in the Constitution for a system of legal responsibility of a minister in India. While in Britain, there is legal responsibility of a minister.

Types of Minister

There are three types of Ministers
▸ Cabinet Ministers They are the real policy makers. The Cabinet's consent is necessary for all important matters.
▸ Ministers of State They can hold either independent charge or attached to a Cabinet Minister.
▸ Deputy Ministers They do not hold separate charge. There is another category of Ministers called Parliamentary Secretaries. However, no Parliamentary Secretary has been appointed since 1967.

Deputy Prime Minister

▸ The post of Deputy Prime Minister is not mentioned in the Constitution, It is an extra constitutional body. Although seven persons have occupied this post since the inauguration of the Constitution.

Union Legislature

▸ The Constitution of India provides a Parliamentary form of government, both at the centre and in the states.
▸ The Parliament of India consists of the President, the Lok Sabha and the Rajya Sabha (Article 79).
▸ Although President is not a member of either House. He is an integral part of Parliament.
▸ Out of seven UTs, only two (Delhi and Puducherry) have representation in the Rajya Sabha.
▸ The population of other five are too small to have any representative in the Rajya Sabha.

Rajya Sabha (Article 80)

Rajya Sabha is a permanent body and not subject to dissolution. Its maximum strength is 250 (12 members nominated by the President having special knowledge or practical experience in the fields of science, literature, art and social service). The total membership of the present Rajya Sabha is 245 however, one-third members retire every second year. Their seats are filled up by fresh elections and presidential nomination at the beginning of every third year.
▸ There are no seats reserved for SCs and STs in Rajya Sabha.
▸ Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament.
▸ Representation of People Act (1951) provided the term of office of a member of the Rajya Sabha shall be 6 years.

Lok Sabha (Article 81)

Lok Sabha is not a permanent body and subject to dissolution. Its maximum strength is 552, which includes 2 nominated members of Anglo-Indian Community, 530 members from states and 20 from Union Territories, Present strength of Lok Sabha is 545.
▸ Its normal term is 5 years from the date of its first meeting after the general elections, after which it automatically dissolves.
▸ The President is authorised to dissolve Lok Sabha at any time even before the completion of five years and this cannot be challenged in the Court of Law.
▸ Lok Sabha can be extended during the National Emergency by a law of Parliament for one year at a time for any length of time. But this extension cannot go beyond a period of 6 months after the emergency has ceased to operate.

Allocation of Seats in Parliament

1. Andhra Pradesh 11 25 2. Arunachal Pradesh 1 2 3. Assam 7 14 4. Bihar 16 5. Chhattisgarh 5 11 6. Goa 7. Gujarat 26 8. Haryana 10 9. Himachal Pradesh 3 4 10. Jammu and Kashmir 6 11. Jharkhand 12. Karnataka 12 28 13. Kerala 9 20 14. Madhya Pradesh 29 15. Maharashtra 19 48 16. Manipur 17. Meghalaya 18. Mizoram 19. Nagaland 20. Odisha 21 21. Punjab 13 22. Rajasthan 25 23. Sikkim 24. Tamil Nadu 18 39 25. Tripura 26. Uttarakhand 27. Uttar Pradesh 31 80 28. West Bengal 42 29. Telengana 17 Union Territories 1. Andaman and Nicobar Island 2. Chandigarh 3. Dadra and Nagar Haveli 4. Daman and Diu 5. Delhi (The National Capital Territory of Delhi) 6. Lakshadweep 7. Puducherry Nominated Members Total 245 545

Members of Parliament

Qualification (Article 84)

The Constitution lays down the following qualifications for a person to be chosen as a Member of the Parliament.
▸ He must be a citizen of India.
▸ He must make and subscribe before the person authorised by the Election Commission an oath or affirmation according, to the form prescribed in the third Schedule. and must not be less than 30 years of age in the case of Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
▸ He must possess other qualifications as prescribed by Parliament.

Disqualification (Article 102)

Under the Constitution, a person shall be disqualified for being elected as a Member of Parliament
▸ If he/she holds any office of profit under the Union or State Government (except that of a minister or any other office exempted by the Parliament).
▸ If he/she is of unsound mind and stands so declared by court.
▸ If he/she declared by court and stands so is undischarged insolvent.
▸ If he/she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance to a foreign state; and if he is so, disqualified under any law made by the Parliament. Under the following conditions, a member of Parliament vacates his seat (Article 101)
▸ Double Membership (both Rajya Sabha and Lok Sahba).
▸ Disqualification, resignation.
▸ Absence (more than 60 days without permission).
▸ If his election is declared void by the court.
▸ If he/she is expelled by the House.
▸ If he/she is elected to the office of the President or Vice-President.
▸ If he/she is appointed as a Governor of a State.

Oath and Salary (Article 99)

▸ Every member has to make and subscribe to an oath or affirmation before the President or some other person appointed by him for this purpose.
▸ Salaries and allowances are determined by Parliament.

Speaker of Lok Sabha (Article 93)

▸ He/she is elected by Lok Sabha from amongst its members, as soon as, after the first meeting.
▸ The date of election is fixed by the President. Usually, the speaker remains in his office during the life of the Lok Sabha. He/she vacates office earlier in any of the following cases
▸ If he/she ceases to be member of Lok Sabha; if he/she resigns by writing to the Deputy Speaker; and
▸ If he/she is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 days advance notice.
▸ Under Resolution of removal, the Speaker cannot preside at the sitting of the House (he may be present). (Article 96)
▸ Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly elected Lok Sabha meets.
Role, Powers and Functions of Speaker
▸ He is the principal spokesman of the House, and his decision in all Parliamentary matters is final.
▸ He maintains order and decorum in the House for conducting its business.
▸ He adjourns the House to suspend the meeting in the absence of quorum (presence of only 1/10th of the total strength of the House). He does not vote in the first instance, but he can exercise a casting vote in the case of a tie (dead lock).
▸ He presides over a joint sitting of two Houses of the Parliament.
▸ He can allow a 'secret' sitting of the House.
▸ He certifies a Bill as Money Bill and his decision cannot be challenged.
▸ He appoints the Chairman of all the Parliamentary Committees of Lok Sabha. The speaker acts as the ex-offico Chairman of the Indian Parliamentary group of the Inter Parliamentary Union.

Deputy Speaker

▸ While the office of the Speaker is vacant due to any reason, the Deputy Speaker presides. (Article 95)
▸ M. Ananthasayanam Ayyangar was the First Deputy Speaker of Lok Sabha.

Chairman of Rajya Sabha

The Vice-President is the Ex-officio Chairman of Rajya Sabha. Article 89 As a presiding officer, the powers and functions of the Chairman of Rajya Sabha are similar to those of Speaker of Lok Sabha.

Deputy Chairman

▸ Elected by Rajya Sabha itself from amongst its members. Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha.

Joint Session (Article 108)

▸ Joint sessions take place on the order of the President if (a) a Bill passed by one House, is rejected by another. (b) the amendments made by the other House are not acceptable to the House where the Bill originated.
▸ Joint session is presided over by the Speaker of the Lok Sabha. The deadlock over a Bill is resolved by a majority of the total numbers of the members of both the Houses present and voting.
▸ So far, joint-sittings have been held thrice in the history of Indian Parliament (1961, 1978 and 2002).
▸ Provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or constitutional amendment bills.
Sessions of Parliament
▸ The Parliament generally meets in three sessions in a year i.e., Budget session (February-May) (longest session), Monsoon session (July- September), Winter session (November- December) (shortest session).
▸ There should not be a gap of more than 6 months between two sessions of Parliament.

Difference between Powers of Lok Sabha and the Rajya Sabha

▸ A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. The final power to decide whether a particular bill is a Money Bill or not, is vested in the Speaker of the Lok Sabha. The Speaker of Lok Sabha presides over the joint sitting of both the Houses of Parliament.
▸ A resolution for the discontinuance of the National Emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.
▸ The Rajya Sabha cannot remove the Council of Ministers by passing a no-confidence motion.
▸ This is because the Council of Ministers is collectively responsible only to the Lok Sabha. But, the Rajya Sabha can discuss and criticise the policies and activities of the government.

Legislative Procedure In Parliament

▸ The legislative procedure is identical in both the Houses of Parliament. A Bill is a proposal for legislation and it becomes an Act or law when duly enacted.
▸ Bills may be classified under four heads viz, Ordinary, Money, Financial and Constitutional Amendment Bills. The Legislative procedure of government bills and private members bill is same.
▸ Money Bills cannot be introduced in the Rajya Sabha. The other bills can be introduced in either House.
▸ Every ordinary bill has to pass through five stages in the Parliament i.e. first Reading, second Reading, third Reading, Bill in the second House and Assent of the President. Finally, the Bill has to be notified by the Government to enable its implementation.

Stages of Bills

The different stages in the passage of Bills other than the Money Bills are as follows

Introduction of the Bill

▸ It involves introduction of Bill like provisions of the proposed law, accompanied by the 'Statement of Objects and Reasons'. Private member must give one month notice to introduce the Bill.
▸ After that it is published in the Gazette of India. The introduction of the Bill and its publication in the Gazette constitutes the First Reading of the Bill.

Special Powers of Rajya Sabha

Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha.
▸ It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249).
▸ It can authorise the Parliament to create new All-India Services Common for both the centre and states (Article 312).

Second Reading of the Bill

▸ In the second reading principles of the Bill are discussed in details and the treasury and the opposition members give their views either in support or opposition of the Bill.
▸ The second reading is divided into two stages, (i) consists of a general discussion of the principles of the Bill and (ii) relates to discussion of clauses, schedules and amendments.
▸ If the Bill is referred to the Selected Committee or Joint Committee, it is expected to give its report within a specified date.
▸ The Bill then undergoes long discussions clause by clause and may undergo substantial change.

Third Reading of the Bill

▸ The third reading is the final reading. It is more or less a formal affair. The debate is confined to the acceptance or rejection of the Bill. The Bill is submitted to the vote of the House and has to be accepted or rejected altogether.

Bill in the Second House

▸ After the Bill has been passed by one House, it is transmitted to the other House, where it has to pass through the same process. The other House has four alternatives before it. 1. It may pass the Bill as sent by the first House. 2. It may pass the Bill with amendments and return it to the first House. 3. It may reject the Bill altogether. 4. It may not take any action and thus keep the Bill pending.
▸ In case the Bill is also passed by the second House or the first House agrees with the amendmendments made by the second house, the Bill is sent to the President for his assent.
▸ In case the Bill is rejected by the second House or it is kept by the second House with it for six months without any action or the first House disagrees with the amendments suggested by the second House, a deadlock is deemed to have taken place.
▸ To resolve a deadlock, the President may summon a joint-sitting of the two Houses under Article 108. If the majority of members present and voting at the joint-sitting pass the Bill, it is considered as passed by both Houses of Parliament and is sent for his assent.

Assent of the President

▸ After being passed by both Houses, when the Bill is presented to the President, he has three options 1. He may assent to the Bill 2. He may withhold his assent 3. He may return the Bill for the reconsideration of the Houses.
▸ If the President gives assents to the Bill, it becomes an Act.
▸ If the President withholds his assent, the Bill ends.
▸ If the President returns the Bill for reconsideration and it is passed again by both the Houses, he has to give his assent after the second passage.
▸ Since, the Constitution provides no time limit for the President to give his assent, he may keep the Bill in his office without taking any action and prevent it from becoming an act.

Consolidated Fund of India (Article 266)

▸ It is a fund to which all receipts are credited and all payments are debited. In other words,
▸ all revenues received by the Government of India.
▸ all loans raised by the government by the issue of treasury bills, loans or ways and means of advances.
▸ all money received by the government in repayment of loans from the Consolidated Fund of India.
▸ All the legally authorised payments on behalf of the government are made out of this fund. No money out of this fund can be appropriated (issued or drawn) except in accordance with a Parliamentary law.
Contingency Fund of India (Article 267)
▸ Article 267 of the Constitution authorised the Parliament to establish a 'Contingency Fund of India', into which amounts determined by law are paid fromtime to time. Accordingly, the Parliament enacted the Contingency Fund of India Act in 1950.
▸ This fund is placed at the disposal of the President and he can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament.
▸ The fund is held by the finance secretary on behalf of President.
Public Account of India
▸ Article 266 (2) provides that all other public moneys (other than those in the Consolidated Fund of India) received by or on behalf of the Government of India or the Government of a State shall be credited to the Public Account of India or the Public Account of the State, as the case may be. This account is operated by executive action and payments from it do not need Parliamentary approval.
▸ Moneys in this account include provident fund deposits, savings bank deposits, remittances etc.

Budget in Parliament

▸ The Constitution refers to the budget as the 'annual financial statement'. In other words, the term 'budget' has nowhere been used in the Constitution. 'Annual Financial Statement' has been dealt within Article 112 of the Constitution.
▸ The budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year, which begins on 1st April and ends on 31st March of the following year.
▸ After introduction of the Budget, the Lok Sabha discusses the demands for grants of various ministries and departments. All expenditure after approval, charged on the consolidated fund of India, are then presented in the form of single Bill called the 'Appropriation Bill'. Proposals for taxation (to raise revenue) are presented in the form of 'Finance Bill'.
▸ The Government of India has two budgets, namely, the Railway Budget and the General Budget.
▸ From 2017, Railway Budget has been merged with the General Budget on the recommendation of Bibek Debroy Committee.

Committee System

▸ Committees have been created so that members of Parliament can discuss and debate on the working of a certain department of the government.
▸ Most of the committees function under the direction of the Speaker and are essentially committees of the Lok Sabha.
▸ Committees are classified under two heads : Standing Committee and Adhoc Committees. Adhoc Committees are created for a temporary period.
▸ The Standing Committees are broadly classified into the following categories : Committees of Enquires, Committees to Scrutinise, Financial Committees, Committees of Administrative Character, Committees dealing with provision of facilities to members.
▸ The Financial Committees of Parliament are : Estimates Committee, Public Accounts Committee, Committee on Public Undertaking and 24 Departmental Related Committees.
▸ The Public Accounts Committee was set-up first in 1921 under the provisions of the Government of India Act of 1919. At present, it consists of 22 members (15 from the Lok Sabha and 7 fromthe Rajya Sabha). Since, 1967, a convention has developed whereby the Chairman of the Committee is selected invariably from the opposition.
▸ The origin of the Estimates Committee can be traced to the Standing Financial Committee set-up in 1921. The first Estimates Committee was set-up in 1950. It has thirty members, all from the Lok Sabha only.
▸ The Committee on Public Undertakings was created in 1964 on the recommendations of the Krishna Menon Committee. It has 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha).
▸ In 1993, 17 Department Related Standing Committees were set-up. In 2004, 7 more committees were set-up. Thus, total 24 committees exist as of today.
▸ Members of the Rajya Sabha are associated with all the committees except the Estimates Committee.
▸ The Chairman of all the committees (except the Joint Committee on salaries and allowances of MPs) are appointed by the Speaker from amongst the members of the committee.
▸ In case, Speaker is a member of a committee, he becomes Ex-officio Chairman of the committee.