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Module 3

The document summarizes several key Directive Principles of State Policy (DPSP) from the Indian Constitution: 1) DPSPs under Part IV provide directions to states to establish a just social order and promote welfare in areas like adequate livelihoods, living wages, public assistance, education, and healthcare. 2) DPSPs are not judicially enforceable but aim to guide governments to establish a welfare state. 3) Key principles address issues like equal pay, village self-governance, participation of workers in management, protection of weaker sections, agriculture and rural development, and environmental protection.

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0% found this document useful (0 votes)
26 views15 pages

Module 3

The document summarizes several key Directive Principles of State Policy (DPSP) from the Indian Constitution: 1) DPSPs under Part IV provide directions to states to establish a just social order and promote welfare in areas like adequate livelihoods, living wages, public assistance, education, and healthcare. 2) DPSPs are not judicially enforceable but aim to guide governments to establish a welfare state. 3) Key principles address issues like equal pay, village self-governance, participation of workers in management, protection of weaker sections, agriculture and rural development, and environmental protection.

Uploaded by

Jack Stephen.G
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Module-3

Directive Principles of State Policy and Fundamental Duties (FDs)


The Union Executive: - President, Prime Minister

Directive Principles of State Policy under Part IV, Article ( 36 to 51)


To fulfil the dream of the father of nation M.K Gandhi and also to provide secular
state and to uplift the interest of the minorities and backward classes, children and
women. This part 4 has been provided in the Indian Constitution. It is the dream of Dr.
B.R Ambedkar who wants to provide positive rights to the State to perform to the
people. As he said that Part IV of the Indian Constitution is a direction given to the
states irrespective of the political party comes to power to form the Government and
work for the welfare of the people in the country. These principles have been
borrowed from the Irish Constitution and the charter of UN and also from the
declaration of human rights. The implementation of these principles determines the
Government as popular or non-popular. Therefore, these principles will be
implemented seriously by the popular Government at the Centre and the State will be
rejected the Government either at the Center or at the State level. Therefore, political
parties whichever comes to power constantly try to implement these principles to
satisfy the citizens of India.

Directive Principles of State Policy (DPSP) are in the form of directions,


rules, regulations, guidelines, Principles given by the constitution law that
every state should follow this in order to fulfill the concept of welfare state.

State gives importance to police state-court, law and order but after DPSP
introduced the state has entered into almost all the activities of life of the
citizens. It is duty of every state to follow the compulsory DPSP in order to
fulfill the concept of welfare state.

DPSP is also called as social rights. DPSP added to the Indian constitution on
25th Amendment Act 1971.
Article 36:- Define the State:-

Article 37 :- Constitution lays down in clear terms that the Directive Principles of
State Policy, though are non-justifiable, however they are Fundamental in the
governance of the Country. The Directive Principles of State Policy unlike
fundamental rights are merely directions given to the States, Hence no citizen can
approach a court of law in case the state does not implement such directions.
Therefore, it is clear that the provisions contained in Part III of the constitution
(Fundamental rights) are enforceable, whereas provisions contained in Part IV of
the Constitution are not enforceable.
Aritcle38: The State shall strive to promote the welfare of the people by securing,
protecting, and maintaining a social order.
The most basic responsibility of any Government running the state would be to
maintain a social order where people may live peacefully and without fear.

This directive principle is consistent with the statement in preamble to the


Constitution which says Justice, Social, Economic, and political. This is to remind the
state about the kind of society the constitution expects it to create.

Clause(2) which was added to Art.38 during 44th amendment to constitution 1978,
recognizes group equality. It recognizes that grave inequalities of income and status
exist amongst different groups of people which need to be minimized.

Article 39 :- Principles of policy to be followed by the State for Securing


economic justice specifically requires the state to direct its policy towards securing
the following principles
a) Equal right of men and women to adequate means of livelihood.
b) Distribution of ownership and control of the material resources of the
community to the common good
c) To ensure that the economic system does not result in concentration of wealth
and means of production to the common detriment.
d) Equal pay for equal work for both men and women

Article 39(A): Legal Aid


Provides for free legal aid to economically backward classes. It is the duty of the
State to provide legal aid and assistance to a person who is financially incapable
and this is considered to be the most important right of the person concerned. This
article was added to the Constitution pursuant to the new policy of the Government
to give legal aid to economically backward classes of people.

Article 39(d): Equal pay for Equal Work


Pursuant to Article 39(d), Parliament has enacted the Equal Remuneration Act, 1976.
The directive contained in Article 39(d) and the Act passed thereto can be judicially
enforceable by the Court.

Article 40:- The Constitution provides that the state shall organize village
panchayats and endow there with such powers as may enable them to function as
units of self-Government.
In a Country like India where 70% of people live in villages, the best way to take
democracy to the villages is to create panchayats and help them to achieve self-
governance. These elected panchayats take care of local civic administration such as
maintenance of village roads, provision of primary education, building tanks and wells
providing sanitation, medical relief etc.
In order to strengthen democracy at the gross root level, the 73rd and the 74th
Amendments to the constitution gave powers to the village panchayats.
Article 41: Right to work, education and public assistance in certain cases
Under Article 41, the State has been directed to provide within the limit of its
economic capacity (a) employment (b) education, and (c) public assistance in cases of
unemployment, old age, sickness and disablement and in other cases of undeserved
want.

Article 42:- Just and humane conditions of work


This article directs the state to make provision for securing.
a) Just and humane conditions of work and
b) Provision for maternity relief
It is the duty of the State to ensure that workers are given a work atmosphere
which is hygienic from the point of view of their health and women workers
are given all the opportunities to enjoy maternity care and relief.

Article 43:- Living wage for workers


It provides that the state should Endeavour to secure, by legislation to all
workers industrial, agricultural work, living wage conditions of work, decent
standard of life, enjoyment of leisure, social and cultural opportunities. Refers
to living wage and not minimum wage. The concept of living wage includes in
addition to the bare necessities of life, such as food, shelter and clothing,
provisions for education of children and insurance etc.

Article 43 A:- Participation of workers in management of Industries.


The success of a business enterprise depends upon the vital role played by the
workers employed therein. Hence workers must be given an opportunity to
participate in the management of the industry. This obligation has been
imposed on the State under Article 43.

Article 45:- Provision for early childhood care and education to children below
the age of Six years- The 86th Amendment Act, 2002 of the Constitution.
Article 45 directs the state to make provision for free and compulsory education for
the children till they complete the age of 14 years
This direction was given the status of a fundamental right by the constitution 86th
Amendment Act, 2002, by way of inserting a new Article 21(A) to the Constitution

Article 46:- Special Protection of the interests of the Weaker Sections of Society.
Certain categories of the population such as the persons belongs to the Scheduled
castes and scheduled tribes are educationally and economically weaker sections of the
Society. Hence to improve their conditions, Article 46 imposes a duty on the States to
promote with special care the educational and economic interests of the weaker
sections of the people, and in particular of the scheduled castes and scheduled tribes
and to protect them from social injustice and all forms of exploitation.
Article 47:- Duty to raise the standard of living and improvement of health
Raising the level of public health would remain a distant dream with “dedicated
doctors and excellent” infrastructure not available at Government hospitals.
As for lifting the standard of living of the people especially in the rural areas the
central Government has launched several welfare and infrastructure scheme such as
jawahar rozgar yojana, integrated Rural Development Program, Desert development
program, Indira Awas Yojana, Sarva Shiksha Abhiyan, Ashraya Housing etc.
Prohibition of alcohol and drugs was strongly advocated by Mahatma Gandhi.
Although prohibition was introduced in many states after independence, poor
implementation and rampant corruption failed to check the consumption of alcohol.

Article 48:- Development of Agriculture and Animal Husbandry.


The State has taken several steps to develop agriculture and animal husbandry.
Establishment of agricultural universities dairy research centers. Cooperative milk
plants, agro-industries, fertilizer plants etc. have been undertaken. The state has been
trying to make agriculture a profitable enterprise for the farmers. The farmers are
encouraged to increase their produces and are given subsidies for this purpose. The
coming of Green Revolution resulting into the creation of good buffer stocks of food
has been a very encouraging development. The UPA Government has decided to give
top priority to the need for continuous agricultural development and rural
development.

Article 48(A):- Protection and Improvement of Forest and Wildlife.


This was added by 42nd Amendment to constitution in the year 1976. India is a poor
country with rich natural resources. Due to population explosion, we are witnessing
the destruction of the forest and the wildlife. To preserve this national asset Article
48(A) requires the state to take steps to protect and improve the environment and to
safeguard the forest and wildlife of the Country.

Article 49:- Protection of Monuments and Places and objects of National


Important
India is a country with rich cultural heritage consisting of monuments such as the Taj
Mahal, one of the Seven Wonders of the World Ancient temples of Belur and
Halebidu, Badami, Aihole, Hampi etc. The presence of these monuments has given a
place of pride to our country in the international arena. Therefore Article 49 requires
the state to protect every monument of place or object of artistic or historic interest
(declared by or under law made by parliament) to be of national importance from
spoliation, disfigurement, destruction, removal, disposal or export.

Article 50:- Separation of Judiciary from Executive


Article 50 requires the state to take steps to separate the judiciary from the Executive
in the public services of the State. This is added in the constitution with a view to see
that there is independent and impartial administration of justice by the courts and to
ensure separation of powers between the three organs of the Government of a state.
Article 51:- The state shall Endeavour to
a) Promote international peace and security.
b) Maintain just and honorable relation between nations.
c) Show respect for international laws and Treaties, and
d) Encourage settlement of international disputes by arbitration and negotiations

Fundamental Duties
Fundamental Duties ( Article 51 A)
The 42nd Amendment Act, 1976 has incorporated 10 fundamental duties Article 51-A
in part IV-A. This has been inserted during the tenure ship of Indira Gandhi the then
Prime Minister (1966-77) on the recommendation of Sardar swaran singh committee.
1. To abide/respect by the Constitution and respect its ideals and institutions, the
National Flag, and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for
freedom
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country/motherland and render national service when called
upon to do so
5. To promote harmony and spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities;
to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forest, lakes, rivers
and wild life and to have compassion for living creatures
8. To develop the scientific templar, humanism and the spirit of inquiry and
reform
9. To safeguard the public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavor and achievement
11. Who is a parent or guardian to provide opportunities for education to his child
or as the case may be ward between the age of 6 and 14 years
(Inserted by the Constitution (86th Amendment Act 2002)
Union Executive:
President of India:-
1. According to article 52 of the constitution there shall be a president of India.
This article makes the president office a mandatory to hold the topmost
position in the country.
2. In the words of K.T Sha the president is an Ornamental Head , others have
described him as Titular Head.
3. K.Venkataraman has observed that the president is only the symbol of the state
and a copy book president
4. Alan Gredhill has projected a picture of Autocratic president.
5. K V Rao has expressed the opinion that enormous powers vested in the office
of president are likely to make the president a Constitutional Autocrat
6. The president of India is called rashtrapati in Kannada and this name was
suggested by prof. T N Sreekantaih a well-known Kannada writer and English
professor in Mysore University.
7. As per Dr B R Ambedkar, The president holds the position in India, equivalent
to the position of the queen of England in her Country.
8. He is the head of the nation and not of the executive.
9. He represents the country but does not rule the country. He is guided by the
cabinet headed by the Prime minister. The president is not directly elected by
the people and hence he is not directly responsible to the people.

Qualification of a person to be elected as President.


1. Article 58 of the constitution prescribe e the following the qualification of a
person to contest for the office of president.
2. He must be a citizen of India
3. He must have completed the age 35 years
4. He should not be unsound mind. If he is a discharged insolvent. It he is so
disqualified by or is under any law made by parliament.
5. He shall not hold any office of profit under the Govt of India or any state.

Election of the President


1. Article 52 provides that the president candidate must be proposed by 50
electors and second by another 50 electors of the Electoral College.
2. The selection rules framed under the presidential and vice-presidential
election act of 1952 was amended in 1974. According to this amendment a
candidate contesting in the presidential election had to deposit Rs 2500/-
and nomination paper was to be proposed by ten electors and seconded by
10 others electors.
3. But in 1997 The deposit was increased to Rs 15,000/-
4. Under article 71 the Supreme Court has the power to inquire into
presidential election dispute and its decision is final.
Mode of Election
1. Article 54 and 55 deal with the manner of election of the president.
2. As per Article 54 of the constitution president is elected by an electoral
college consists of 1) The elected members of both the houses of
parliament(ie Lok Sabha and Rajya Sabha) and 2) The elected
members of the Legislative Assemblies(MLA) of all the States.
3. The president of India is elected indirectly, but the queen/king of
England is through hereditary.

Simple Transferable vote system


1. The voters while coasting their votes, should indicate their preferences in flavor
of various candidates in the fray.
2. Imagine there are four members in the fray. Each votes have four preference
votes.
Oath:-
1. According to article 60, every person acting as president or elected as president
must take oath in the presence of chief justice of India.
2. In the absence of chief justice of India the senior most judge of the Supreme
Court available administers the oath of office.

I do swear in the name of God ( or solemnly affirm) that I will faithfully


discharge the function of the president ( or execute the office of president) of
India and will do the best of my ability to preserve, protect and defend the
constitution and the law and that I will devote myself to the service and
wellbeing to the people of India.

Term:
1. According to the article 56 of the constitution. The term of office of the
president of India is 5 years.
2. He may be re-elected for one more term and he is not eligible for third term
3. ( the only president elected for second term is Dr Rajendra Prasad) According
to USA President.
4. Before the completion of the term, he can resign his office by writing under his
hand and address to the vice-president.
5. The new presidential election must be conducted by the election commission of
India within six months from the date of occurrence of vacancy in accordance
article 62 of constitution.
6. The new president is elected for a full term of five years from the date of
assuming his office.

Salary:
1. The parliament fix the salary to the president and salary has been enhanced
from time to time.
2. His salaries and allowances etc. are charged on the consolidated fund of India
and cannot be altered during his tenure.
3. In 1985 it was increased from Rs. 10,000 to 15,000 and again increases to
20,0000 in 1990.
4. In August 1998 parliament increased his salary is Rs. 50,000/- and After sixth
pay commission & present salary of the president Rs.1,50,000 for month in the
same way parliament raised the president’s pension from Rs75,000 per month.
For him permitted to spend Rs15,00,000 to 20,00,000 a year on travel
entertainment, staffs, households and his own allowances.
5. He gets a free furnished accommodation (Rastrapathi Bhavan at New Delhi)
along with Rajhavan at shimla and Rastrapathi Nilary at Hyderbad.
6. Free Medical and other facilities are provided.

Vacancy or Succession: -
1. The Vacancy is created due death, resignation, impeachment, otherwise if the
election of the present set aside due to electoral faults.
2. When the vacancy is created, the election should be conducted within six
months.
3. According to constitution, the president office should not be vacant even for a
single day.
4. When the president office is vacant the vice-president becomes the active
president.
5. If simultaneously both the offices are vacant the senior most judge of the
supreme court discharge the functions of the president

Note: Dr Zakir Hessian, who was elected as president in 1967 died in May 1969,
Therefore the then vice-president v.v Girl discharge the functions of the president
from may 3rd to July 20th 1969. He tendered his resignation to contest in the president
election for the first time both the office of the president and the vice president felt
vacant) Act 1969 simultaneously. In view of this parliament adopted the president
(Discharge of function) Act 1969. According to this act in absence of president if the
vice-president is not available the chief Justice of the Supreme Court discharges the
functions of the president. After the resignation of V V Girl in 1969 the then Chief
Justice of the Supreme Court M Hidayatulla discharged the functions of the President
from July 7th to 24th August 1969 until the assumption of office by the newly elected
president.

Impeachment of the President:-


1. The president is the protector and defender of the constitution Therefore he
must exercise his power and discharge his functions within the constitutional
framework.
2. According to the article 61 of the constitution. The president may be removed
by impeachment for violation of the constitution. (Is not clearly explained. It is
a comprehensive expression and may include treason, bribery, and other
political crimes, second a strong-minded president may dissolve lok sabha and
may prevent the move for his impeachment)
3. President cannot be suspended during the process of impeachment period.
4. The proposal should be contained in a resolution moved after 14 days’ notice.
The notice must be signed by not less than ¼ of the total membership of the
house(LS or RS)
5. Such resolution must be passed by a majority of not less than 2/3 of the total
membership of the house.
6. When a charge has been so preferred in either house of the parliament the other
house will investigate charge. In case the charge preferred against the president
is proved then the house can pass a resolution with the 2/3 majority of its total
membership for the removal of the president.

Consequently, the president must demit the office from the date of passing such
resolution.

The MLA’s have not role in the impeachment of president.

Powers and Functions of the President:-

1. President is treated as the first citizen of the nation.


2. He is the head of the Federal system of administration.

Under article 53 of the constitution, the president of India is vested with a number of
powers.

Executive powers and functions. Legislative power and functions, Financial


powers, Judicial powers Diplomatic Function, Emergency Power and
Miscellaneous powers.

Executive Power or Administrative Power:

Article 74 of Indian constitution. The president exercises his power only s per the
recommendation of the cabinet headed by prime minister.

He has to appoint the leaders of the majority group in Lok Sabha as prime Minister.

1. He has to appoint the ministers as per the suggestions of the prime minister.
President administers the oath of office to prime minister and ministers

2. He has to allocate the Portfolios to the ministers as per the suggestions of the
prime minister.

3. The prime minister and minister shall hold office during the pleasure of the
president.
4. He has to appoint the fallowing important offices as per the recommendation of
the cabinet governors of the state, judges of the Supreme Court and high courts.

5. President is the super commander for the armed forces and chancellor for the
central universities.

6. All Administrative Business will be done in the name of the president.

7. President appoints the Attorney General of India (First law officer of govt. of
India and Auditor General of India.

8. President of India appoints special officer for SC/ST

9. The declaration of war and peace is done his name.

10. The President represents India in international affairs. He also receives foreign
diplomats to India. All the agreements and treaties between India and other
countries are made in his name.

Legislative Power of the President:

1. As per Article 79 the president is integral part of the parliament.

2. He is not the member of the parliament.

3. He has right to address joint session of both the houses. Generally, he


addresses both the houses of the parliament assembled together at the
commencement of the first session every year and after Lok Sabha election.
This address is known as special address or opening address. He may send
messages to house on houses.

4. Any bill shall be made an act only after the assent of the present.
5. Any Money bill(Article 10) shall be presented in the Lok Sabha only after
the recommendation of the President.(Article 17).
6. He has power to nominate 12 members to Rajya Sabha. 2 Anglo Indians
community to Lok Sabha.
7. He has the power to promulgate ordinance. When both houses of parliament
are not in session (Article 123). It as a same force and effect as laws made
by the parliament. But within six month from the date of such ordinances.
They should be replaced by acts passed by the parliament for their
continuation.
8. A bill seeking changes of the boundary of any state shall obtained approval
of the president before it is introduced in the houses.
9. The bills passed by the state legislature must be approved by the president
and then only bill become and act.
10. Interim chairman of either house may be nominated by the president.
11. He has a power to direct the Government to place financial statement on
both the houses.
Financial Powers of the President:

1. Any financial bills must be presented before the Lok Sabha only after
recommendation of the president. (Annual income and expenditure way.
Generally before 1ST April on the parliament)
2. The president has the power to constitute finance commission for the
purpose of appropriation of funds between states and union Government.
(only once in 5 years according to article 280)

Judicial Power of the President:

1. Under article 72 of the constitution. The president has certain pardons.


Reprieves or remissions of punishment or to suspend or commute the
sentence of any person.
2. Present has the power to seek the opinion of Supreme Court on any legal
matter.
3. At the time of emergency, the president may reduce salary of the judges
of Supreme court and high court
4. Other points are in the above headlines.

Emergency Powers:
1. Under Article 352 the president may proclaim a national emergency
If he is satisfied that a grave situation exists whereby the security of
India. Due war or external aggression or armed rebellion.
2. Under Article 356. In case of failure of constitutional machinery in
any state, the president may dismiss the state Government and take
over the administration of the state( i.e impose of president rule)
3. More detail in emergency chapter.

Conclusion:
1. He is the head of the nation and not of the executive.
2. He represents the nation but does not rule ever the nation.
3. He is the symbol of nation.
4. The entire executive, judicial, etc works done in his name.
5. But in so many times president does not act as rubber stamp.

Prime Minister:-
The office of prime minister first originated in England in the 18th Century. Sir Robert
Walpole was appointed as the first prime minister (1721-1742).
1. India adopted a parliamentary system of Government. i.e there should be a
council of ministers headed by the prime minister. (The British system of
parliament democracy was adopted in India and the post of prime minister was
continued in our new constitution also)
2. India has adopted the parliamentary system of Government. In the
parliamentary system of Government.
There are two executive 1) Nominal executive and 2) Real executive.
President is called as Nominal executive of the country.
Prime Minister is called as Real Executive of the country.
3. The prime minister of India occupies a pivotal place in the Government system
of our country.
4. The entire political system revolves around him.
5. The prime minister has more power and prestige.
6. The prime minister is the king-maker
7. He is rightly called as in elected king. Sun in the solar system
8. He has been describing as “KEYSTOME OF THE CABINET ARCH”
“ELECTED MONARCH”, “SUPREME RULER” AND CENTRAL FIGURE
of the parliamentary.
9.
Appointment:
1. According to Article 75, the prime minister is appointed by the president of
India.
2. But the president has no real choice in the matter.
3. After election to the Lok Sabha the MP’s of the majority group elect leader.( if
no single party gets the majority more than 50% the group of likeminded MP’s
may together and form and elect their leader)
4. This leader so elected will be appointed as prime minister by the president
(Article 75) Then he will be sworn in by the president as prime minister.

Assumption of Office
Oath of office: I do swear in the name of god or solemnly affirm that I will
bear true faith and allegiance to the constitution of India as by law established.
I will uphold the sovereignty and integrity of India. That I will faithfully and
conscientiously discharge my duties as prime minister for the union and that I
will do right to all manner of people in accordance with the constitution and the
law, without fear of favor, affection or ill-will.

Oath of Secrecy: I do swear in the name of God/solemnly that I will not


directly or indirectly communicate or reveal to any person or persons any
matter which shall be brought under my consideration or shall become known
to me as a ministers for the Union except as may be required for the due
discharge of my duties as such minister.

Oath
The person elected as Prime Minister, take oath in the presence of president of
India.
Position of the Prime minister:
1. He is the most powerful functionary who controls both the parliament and
the executive
2. He is the head of the council of ministers; the prime minister is the head of
the Government.
3. He is the leader of the ruling party or coalition of parties. He is the leader of
the house of people(lok Sabha)
4. He is the channel of communication between the council of ministers and
the president of India.
5. He is the real executive head of the country; he is also the leader of the
country.

Power and Function of the PM


Formation of the Government
1. After election to the Lok Sabha the MP’s of the majority group select the
Leader ( if no single party get the majority more than 50% the group of
likeminded MP’s may together and form and elect their leader)
2. As per article, the president will invite the leader of the majority group in
Lok Sabha to form a government.
3. This leader so elected will be appointed as prime minister by the president.
4. (Article 75), Then he will be sworn in by the president as prime minister.
5. The Government is formed under his leadership.
6. The prime minister must be a member of any one of the houses.
7. Suppose at the time of appointment as prime minister, he is not a member,
he shall become a member within six months from the date on which he
enters upon the office.

Formation of Council of Ministers: -


1. First and foremost function of the prime minister is to form the council of
minister.
2. The prime minister has a free hand in this task as the president cannot interfere
in the selection of the ministers
3. The prime ministers is bound by party –political considerations and by various
factors like regional representation, efficiency of the cabinet, Experience,
Knowledge etc
4. The minister appointed so should be a member of either houses of the
parliament if not. He shall become a member within Six month.
5. The prime minister selects the ministers from among the member of both
houses of parliament; while selecting he give prominence to lok Sabha
6. President receives the list of minister’s names and their respective portfolios
from prime minister. The president appoints the minister.
7. The minister appointed shall enter their office only after being sworn in by the
president.
8. The minister so appointed and swarm in either along with the prime minister or
on a subsequent day, as per the decision of the prime minister.
Size of the Cabinet
1. Regarding the size of the cabinet, there was no specific limit as to the number
of ministers.
2. But after amendment of article 75, (91 St amendment-2003) the number of
ministers including the prime minister was restricted to 15% of the total
membership of the Lok Sabha with effect from 1-1-2004

Dissolving the Lok Sabha


1. The prime minister has also power to dissolve the Lok Sabha before the
expiration of its 5 years term. That means, he can advise the president to
dissolve the house to seek a fresh mandate from the people.
Or
2. If the prime minister cannot run the Government. He may submit his
resignation to president and naturally it will be the resignation of the entire
minister. In such as case president may call the opposition leader for the
formation of the Government.
3. Prime minister may also recommend to the president to dissolve the Lok
Sabha. But before doing so he has to take the opinion of the cabinet.
4. Ex: Atal Behari Vajpayee advice the president to dissolve the Lok Sabha in
February 2004 before the completion.

Head of the Cabinet:


1. The prime minister is the head of the cabinet.
2. He will be the chair for the meeting of the cabinet.
3. He decides the agenda of every meeting.
4. Any important issues, policy matter etc come before the cabinet.
5. The decision of the cabinet should be unanimous only.
6. His decision is final in all matters of difference opinions.

Head of the LOK Sabha:


1. As the leader of the majority group in the Lok Sabha the prime minister is the
leader of the Lok Sabha. If he is not the member of the Lok Sabha, he may
nominate any one of his ministers as the leader of the house. In may 2004.
Pranab Kumar Mukherjee was nominated as leader of the Lok Sabha.
2. He has to lead his party in the deliberation and discussions in the Lok Sabha.
3. He may answer the question of any other minster also.
4. Deciding the business schedule of Lok Sabha along with speaker and Leader of
opposition.
5. He assists the speaker the maintaining order and disciple in the parliament.
6. Taking decision regarding the bills and other issues to be moved in the houses
7. Helping his ministers while replying in the house
8. Convincing the opposition parties
9. Defending the Government in the houses.
10. Giving proper replies to the calling attention motions and non-confidence
motion against the Government.

Head of the Government:


1. The prime minister is the head of the union Government.
2. He convenes the cabinet meeting once in a week or when it is necessary to
discuss political and administrative affairs of the country.
3. He is closely associated with foreign policy (Relation with other countries)
defence, finance ( Annual budget), home, food and planning . He is the chief
spokesman of the Government in foreign affairs.
4. He supervises the functioning of CBI, RAW, IB and other intelligence.
5. He secures coordination among various ministers.
6. He take important decisions regarding various polices and programming and
their implementation.
7. He is the guiding spirit of the administration.
8. He supervises the function of ministers.
9. He is the chairman of the planning commission.

Power of Appointment:
1. Appointment of ministers of his cabinet and council of ministers is the whole
responsibility of the prime minister.
2. He has to play an important role in the appointments of Governors of the state,
judges of the Supreme Court and high courts. Ambassadors, Attorney general,
Commander-Chief of the Armed forces Army. Air force, Navy. Chairman and
members of the union public service commission, chief election commissioners
and other election commissioners, Auditor General, Vice Chancellors of the
central universities, Chairman of the national commission of SC/ST

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