Indian Polity
PRIME MINISTER AND COUNCIL OF
MINISTERS
● Article 74
There shall be a Council of Ministers with the Prime Minister at
the head to aid and advise the President
● Article 75
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.
● The Minister shall hold office during the pleasure of the
President.
● The Council of Ministers shall be collectively responsible to
the House of the People.
● Before a Minister enters his office, the
President shall administer the oaths of office
and secrecy according to the forms set out in
the Third Schedule.
● A Minister who for any period of six
consecutive months is not a member of either
House of Parliament.
● The salaries and allowances of Ministers are
determined by Parliament.
● The council of ministers usually consists of about 70 ministers
of the government. The total strength of CoM can not exceed
15% of the strength of Lok Sabha.
● Consists of all the categories of Ministers, such as Minister of
Cabinet Rank, Minister of State(Independent Charge), and
Minister of State.
● Its function and business is decided by the Cabinet.
CABINET
● The size of the cabinet is generally more than 25 ministers.
The current government(2019-2024) has 30 Cabinet
Ministers.
● Decisions of the Cabinet are binding on all Ministers.
● According to the 91st Constitutional Amendment Act
2003, The total number of ministers, including the Prime
Minister, in the Central Council of Ministers shall not
exceed 15 percent of the total strength of the Lok Sabha
● Ministers are responsible for heading the ministries and
departments of the Central government.
● Ministers of State are those who may be given
independent charge of specific departments or may
assist cabinet ministers.
Parliament
● Supreme Legislative Body
● Parliamentary form of Government
● First Parliament first elected Parliament came into
existence in April, 1952
● Articles 79 to 122 in Part V
● The Rajya Sabha provides representation to the States.
Therefore, any matter that affects the States must be
referred to it for its consent and approval
● If the Union Parliament wishes to remove/transfer a matter from
the State list, the approval of the Rajya Sabha is necessary.
● It is the Lower House (First Chamber or Popular House and it
represents the people of India as a whole.
● One of the most important functions of the Lok Sabha is to select
the executive, a group of persons who work together to implement
the laws made by the Parliament
Decisions in Joint Sitting: Any ordinary law needs to be passed by
both the Houses.
● However, in case of any difference between the two Houses,
the final decision is taken by calling a joint session of both the
Houses.
● Due to a larger strength, the view of the Lok Sabha is likely
to prevail in such a meeting
● Lok Sabha exercises more powers in money matters. Once
the Lok Sabha passes the budget of the government or any
other money related law, the Rajya Sabha cannot reject it.
● The Rajya Sabha can only delay it by 14 days or suggest
changes in it, however, the former may or may not accept
these changes.
● Rajya Sabha: S/He should be a citizen of India and at least
30 years of age
● Lok Sabha: S/He should be not less than 25 years of age
○ Rajya Sabha: The Vice-President of India is the ex-officio Chairman
of the Rajya Sabha. S/He presides over the meetings of Rajya Sabha.
● In his absence the Deputy Chairman (elected by its
members from amongst themselves) presides over the
meeting of the House.
○ Lok Sabha: The presiding officer of Lok Sabha is known as Speaker.
● S/He remains the Speaker even after Lok Sabha is dissolved
till the next House elects a new Speaker in her/his place.
● In the speaker’s absence, a Deputy Speaker (elected by the
House) presides over the meetings.
● Article 79 : Constitution of Parliament
● Article 80 : Composition of the Council of States
● Article 81 : Composition of the House of the People
● Article 82 : Readjustment after each census
● Article 83 : Duration of Houses of Parliament
● Article 85 : Sessions of Parliament, prorogation and
dissolution
(1) The President shall from time to time summon each House
of Parliament to meet at such time and place as he thinks fit, but
six months shall not intervene between its lasting sitting in one
session and the date appointed for its first sitting in the next
session.
(2) The President may from time to time –
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.
● Article 86 : Right of President to address and send
Sessions of Parliament:
❖ The summoning of Parliament is specified in Article 85 of the
Constitution.
❖ The decision is taken by the Cabinet Committee on
Parliamentary Affairs which is formalised by the President, in
whose name MPs are summoned to meet for a session.
❖ Parliament meets for three sessions in a year.
1. Budget Session (1st session) - Jan - May
2. Monsoon Session - July - August
3. Winter Session - November to December.
Summoning of Parliament:
○ Summoning is the process of calling all members of
the Parliament to meet.
○ The President summons each House of the Parliament
from time to time.
○ The gap between two sessions of the Parliament cannot
exceed 6 months
■ Adjournment
○ Adjournment terminates the sitting of the House
which meets again at the time appointed for the
next sitting.
○ The postponement may be for a specified time such
as hours, days or weeks.
○ If the meeting is terminated without any definite
time/ date fixed for the next meeting, it is called
Adjournment sine die.
Prorogation:
○ Prorogation is the end of a session.
○ The time between the Prorogation and reassembly is
called Recess.
○ Prorogation is the end of session and not the dissolution
of the house (in case of Lok Sabha, as Rajya Sabha
does not dissolve)
○ Quorum - The Constitution has fixed one-tenth strength as quorum
for both Lok Sabha and Rajya Sabha
Bills in Parliament
● Bills are proposals for new laws, or amendments to existing laws
● That are presented for debate and approval or rejection before the
Parliament.
● If a bill successfully passes through all the required stages in the
Parliament and receives final approval, it becomes an Act of Parliament,
thereby becoming law.
Public Bills or Government Bills
● Public Bills, also known as Government Bills, refer to bills introduced in
the Parliament by Ministers.
● These bills are typically initiated by the executive branch of the
government and are often used to implement the policies, programs, and
manifesto promises of the current government.
Private Bills or Private Members’ Bills
● Private Bills, also known as Private Members’ Bills, refer to bills
introduced in the Parliament by any Member of Parliament other than
a Minister.
Public Bill Private Bill
– It is introduced in the Parliament by a – It is introduced by any Member of
Minister. Parliament other than a Minister.
– It reflects the policies of the – It does not reflect the stand of the
government. government on public matters.
– It has a greater chance to be approved – It has a lesser chance of being
by the Parliament. approved by the Parliament.
– Its rejection by the House – Its rejection by the House has no
amounts to the expression of want implication on the parliamentary
of – parliamentary confidence in confidence in the government or its
the government and may lead to its resignation.
resignation.
– Its introduction in the House – Its introduction in the House requires one
requires seven days’ notice. month’s notice.
– It is drafted by the concerned – Its drafting is the responsibility of the
department in consultation with the member concerned.
law department.
Original Bills
● Original Bills refer to bills that embody new proposals, ideas, or
policies.
● In simple words, these are the bills that are introduced in the
legislature for the first time, as opposed to bills that are
introduced as amendments or modifications to existing laws.
Amending Bills
● Amending Bills refer to the bills that seek to modify, amend, or
revise the existing Acts.
● This type of bill seeks to improve, clarify, correct, or update the
legal provisions of existing statutes to reflect current needs,
remove ambiguities, or rectify
Bills to Replace Ordinances
● Bills to Replace Ordinances are legislative measures
introduced in the Parliament or Legislative Assembly
to replace ordinances previously promulgated by the
President or Governor
Money Bills
● Article 110 of the Constitution deals with the
definition of Money Bills. Accordingly, a bill is
deemed to be a Money Bill if it contains ‘only’ those
provisions which are mentioned in Article 110.
● Money Bill
● the imposition, abolition, remission, alteration, or
regulation of any tax,
● the regulation of the borrowing of money by the Union
government,
● the custody of the Consolidated Fund of India or the
Contingency Fund of India, the payment of money into
or the withdrawal of money from any such fund,
● the appropriation of money out of the Consolidated
Fund of India,
● declaration of any expenditure charged on the
Consolidated Fund of India or increasing the amount of
any such expenditure,
Ordinary Bill Money Bill
– It can be introduced either in the Lok – It can be introduced only in the Lok
Sabha or the Rajya Sabha. Sabha and not in the Rajya Sabha.
– It can be introduced either by a – It can be introduced only by the
minister or by a private member. minister.
– It is introduced without the – It can be introduced only on the
recommendation of the President. recommendation of the President.
– It can be amended or rejected by the – It cannot be amended or rejected by
Rajya Sabha. the Rajya Sabha. The Rajya Sabha
should return the bill with or without
recommendations, which may be accepted
or rejected by the Lok Sabha.
– It can be detained by the Rajya Sabha for a – It can be detained by the Rajya Sabha for a
maximum period of six months. maximum period of 14 days only.
Finance Bills
● Financial Bills refer to those bills that deal with fiscal matters i.e. revenue or
expenditure.
1. Money Bills
2. Financial Bills (I)
● Article 117 (1) deals with Financial Bills (I).
● Accordingly, a Financial Bill (I) is a bill that contains not only any or all the
matters mentioned in Article 110 but also other matters of general legislation
1. Financial Bills (II)
● Article 117 (3) deals with Financial Bills (II).
● Accordingly, a Financial Bill (II) contains provisions involving expenditure from
the Consolidated Fund of India but does not include any of the matters
Amendment of Indian Constitution
● Article 368 in Part XX
● A bill for the amendment of the Constitution can be
introduced only in either house of the Parliament, not in
the State Legislatures.
● The bill can be introduced either by a minister or by a
private member and does not require prior permission of
the President.
● The bill must be passed in each House by a Special
Majority
The Constitution can be amended in three ways:
● Amendment by a simple majority of the Parliament,
● Amendment by a special majority of the Parliament,
and
● Amendment by a special majority of the Parliament
and the ratification of half of the State Legislatures.
➔ Simple Majority- 50 percent of members present and voting.
➔ Admission or establishment of new states,
➔ Formation of new states and alteration of areas, boundaries, or names of existing
states,
➔ Abolition or creation of Legislative Councils in states
➔ It is to be noted that these amendments fall outside the scope of Article 368.
➔ Special Majority- More than 50 percent of the total membership of the House
and a majority of two-thirds of the members of that House present and
voting
➔ Fundamental Rights,
➔ Directive Principles of State Policy,
➔ Special Majority of the Parliament along with the consent of half of the state
legislatures by a Simple Majority
➔ Election of the President and its manner,
➔ Extent of the executive power of the Union and the States,
➔ Provisions related to the Supreme Court and High courts
Basic Structure of–the
42nd Amendment Constitution
Three - Kesavananda
terms (i.e., socialist, Bharati
secular, and case were
integrity) (1973).
added in the
Act of 1976 Preamble.
– It added Fundamental Duties (new Part IVA) in the Constitution.
44th Amendment – It replaced the term ‘internal disturbance’ with ‘armed rebellion’ which
Act of 1978 was related to National Emergency (Article 352).
– It deleted the Right to Property from the Fundamental Rights and made it
a legal right.
61st Amendment It lowered the voting age from 21 years to 18 years.
Act of 1989
73rd Amendment It introduced the provisions related to Panchayati Raj Institutions,
Act of 1992 aiming to decentralize power to the grassroots level.
74th Amendment It introduced the provisions related to Urban Local Bodies,
Act of 1992 empowering Municipalities and Municipal Corporations.
86th Amendment It added that the State shall provide free and compulsory education
Act of 2002 to all children aged six to fourteen years.
97th Amendment This amendment gave constitutional status and protection to the
Act of 2011 cooperative societies.
101st Amendment It introduced the Goods and Services Tax (GST), a comprehensive
Act of 2016 indirect tax reform aimed at simplifying the tax structure and
promoting economic integration.
102nd Amendment It gave Constitutional Status to National Commission for the Backward
Act of 2018 Classes.
103rd Amendment It provides 10% reservation for Economically Weaker Sections (EWS).
Act of 2019
104th Amendment It provides for the reservation of seats in the Lok Sabha and State Legislative
Act of 2020 Assemblies for members of Scheduled Castes and Scheduled Tribes till 25th
January 2030.
105th Amendment It revived the power of the State Governments to identify Socially and
Act of 2021 Educationally Backward Classes (SEBCs).
106th Amendment It reserves one-third of all seats for women in Lok Sabha, State Legislative
Act of 2023 Assemblies, and the Legislative Assembly of the National Capital Territory of
Delhi, including those reserved for SCs and STs.
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