CONSTITUTIONAL LAW - II COURSE MATERIAL CONTENTS Page No. UNIT - I: THE UNION AND STATE EXECUTIVE The Union Executive - the President Election, Term of Office, Impeachment, Powers and Functions of the President President and Union Council of Ministers The State Executive —the Governor Appointment, Immunities, Powers and Functions of the Governor Doctrine of Pleasure State Council of Ministers 1-15 UNIT - I: LEGISLATURE AND JUDICIARY Composition of Parliament and State Legislatures Legislative Procedures, Legislative Privileges Judicial Interpretations, Anti Defection Law, X Schedule Union Judiciary ~The Supreme Court of India (Articles 124-147) ‘Composition, Appointment and Removal of Judges of the Supreme Court Jurisdiction of the Supreme Court of India Independence of Judiciary Tribunals 16 - 42 UNIT - III: CENTRE AND STATE: DISTRIBUTION OF LEGISLATIVE, AND FISCAL POWERS & FREEDOM OF TRADE AND COMMERCE Distribution of Legislative Powers with reference to various Doctrines Parliament's Power to legislate in State List ‘Administrative Relations Centre and Inter-State Conflict Management Fiscal Relations Freedom of Trade, Commerce and Intercourse (Art301-307)UNIT - IV: EMERGENCY PROVISIONS National Emergency - Power of Union Executive to issue directions and the effect ofnon-compliance State Emergency — Imposition of President's Rule in States, Grounds, Limitations, Parliamentary Control, Judicial Review. Financial Emergency - Emergency and Suspension of Fundamental Rights. 67 - 69 UNIT-V OTHER CONSTITUTIONAL FUNCTIONARIES Organization — Powers and Functions of Election Commission of India Union Public Service Commission, State Public Service Commission Comptroller and Auditor General, Attorney General & Advocate General Constitutional Safeguards for Civil Servants, Finance Commission, Planning Commission, Inter-State Council, Local Self Government. 70 -83 REFERENCES MODEL QUESTION PAPER AND ANSWER KEY 84 85 - 95UNIT - I THE UNION AND STATE EXECUTIVE ‘The Central Executive consists of the President and the Council of Ministers headed by the Prime Minister. Itis of the parliamentary type in so far as the Council of Ministers is responsible to the Lok Sabha. The Presidentis the head of the State and the Formal Executive. All Executive action at the Centre is expressed to be taken in his name. According to Art.53(1): ‘the executive power of the Union shall be vested in the President and shall be exercised by him directly or through officers subordinate to him in accordance with this Constitution”. ‘The Constitution formally vests many functions in the President but he has no function to discharge in his discretion, or in his individual judgment. He acts on ministerial advice and, therefore, the Prime Minister and the Council of Ministers constitute the real and effective executive. The structure of the Central Executive closely resembles the British model which functions on the basis of unwritten conventions. In India, however, some of these conventions have been written in the Constitution, for e., provisions regarding appointment, tenure and collective responsibility of the Ministers. But some matters are left to conventions, as for example, the Cabinet, and the concept of Minister's responsibility for the acts of his subordinates. Union Executive: In the Preamble to the Constitution, India is declared to be a “Sovereign Socialist Secular Democratic Republic”. Being a republic, there can be no hereditary monarch as the head of State in India, hence the institution of the President. The President is elected not directly by the people, but by the method of indirect election. The procedure for indirect election would be, by an electoral college, in accordance with the system of proportional representation by means of the single transferable vote. The electoral college shall consist of — a) Theelected members of both Houses of Parliament; b) _Theelected members of the Legislative Assemblies of the States; and ©) The elected members of the legislative assemblies of Union Territories of Delhi and Pondicherry (Art 54). As far as practicable, there shall be uniformity of representation of the different States at the election, according to the population and the total number of elected members of the Legislative Assembly of each State, and parity shall also be maintained between the States as a whole and the Union (Art.55). The second condition seeks to ensure that the votes of the States, in the aggregate, in the electoral college for the election of the President, shall be equal to that of the people of the country as a whole. In this way, the President shall be a representative of the nation as well asa representative of the people in the different States. It also gives recognition to the status of the States in the federal system. Qualification for Election as President: In order to be qualified for election as President, a person must- a) Beacitizen of India; b) Have completed the age of thirty-five years; ©) Be qualified for election as a member of the House of the people; and 4) _ Not hold any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Government. (Art.58) 1Buta sitting President or Vice-Presidentof the Union or the Governor of any State or a Minister either for the Union or for any State is not disqualified for election as President.(Art.58). Term of Office of President: The President's term of office is five years from the date on which he enters upon his office; but he is eligible for re-election (Arts.56-57). The President's office may terminate within term of five years in either of two ways- i) Byresignation in writing under his hand addressed to the Vice-President of India, ii) _ By removal for violation of the Constitution, by the process of impeachment (Art.56). The only ground for impeachment specified in Art.61(1) is ‘violation of the Constitution’. Conditions of President’s Office: The President shall not be amember of either House of Parliament or of a House of the Legislature of any State, and ifa member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President. The President shall not hold any other office of profit.[Art.59(1)]. Emoluments and Allowances of President: The President shall be entitled without payment of rent to the use of his official residence and shall also be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law. By passing the President's Emoluments and Pension (Amendment) Act, 2008, Parliament has amended the President's Emoluments and Pension Act, 1951 (30 of 1951) and raised the emoluments to Rs.1,50,000/- per mensemwith effect from 01-01-2006. The emoluments and allowances of the President shall not be diminished during his term of office [Art.59(3)] Powers and Duties of the President: ‘The Constitution says that the “executive power of the Union shall be vested in the President” [Ar.53]. The President of India shall thus be the head of the ‘executive power’ of the Union. The‘executive power’ primarily means the execution of the laws enacted by the Legislature, but the business of the Executive in a modern State is not as simple as it was in the days of Aristotle. Owing to the manifold expansion of the functions of the State, all residuary functions have practically passed into the hands of the Executive. The executive power may, therefore, be shortly defined as ‘the power of carrying on the business of government’ or ‘the administration of the affairs of the State’, excepting functions which are vested by the Constitution in any other authority. Constitutional Limitations on President's Powers: Before a brief discussion about the different powers of the Indian President, it is necessary to note the constitutional limitations under which he is to exercise his executive powers Firstly, he must exercise these powers according to the Constitution [Art 53(1)]. Thus Art 75(1) explicitly requires that Minister (other than the Prime Minister) can be appointed by the President only on the advice of the Prime Minister. There will be a violation of this provision if the President appoints a person as Minister from outside the list submitted by the Prime Minister. If the President violates any of the mandatory provisions of the Constitution, he will be liable to be removed by the process of impeachment. Secondly, the executive powers shall be exercised by the President of India in accordance with the advice of his Council of Ministers [Art 74(1)]. 2The various powers that are included within the comprehensive expression ‘executive power’ ina modern State have been classified by political scientists under the following heads: > — Administrative power, i.e., the execution of the laws and the administration of the departments of government. > Legislative power, i.e., the summoning, prorogation, etc., of the legislature, initiation of and assent to legislation and the like. Judicial power, i., granting of pardons, reprieves, etc., to persons convicted of crime. Military power, i., the command of the armed forces and the conduct of war. Administrative Power: In the matter of administration, not being a real head of the Executive like the American President, the Indian President shall not have any administrative function to discharge nor shall he have that power of control and supervision over the Departments of the Government as the American President possesses. But though the various departments of Government of the Union will be carried on under the control and responsibility of the respective Ministers in charge, the President will remain the formal head of the administration, and as such all executive action of the Union must be expressed to be taken in the name of the President. Though he may not be the ‘real’ head of the administration, all officers of the Union shall be his ‘subordinates'{Art.53(1)] and he shall have a right to be informed of the affairs of the Union [Art 78(b)]. The administrative power also includes the power to appoint and remove the high dignitaries of the State. Under our Constitution, the President shall have the power to appoint - i) The Prime Minister of India. ii) _ Other Ministers of the Union. iii) The Attorney-General for India, iv) The Comptroller and Auditor-General of India. v) _ The Judges of the Supreme Court. vi) The Judges of the High Courts of the States. vii) The Governor of a State. viii) A Commission to investigate interference with water-supplies. ix) The Finance Commission x) The Union Public Service Commission and Joint Commissions for a Group of States. xd) The Chief Election Commissioner and other members of the Election Commission. xii) A Special Officer for the Scheduled Castes and Tribes. xiii) A Commission to report on the administration of Scheduled Areas. xv) A Commission to investigate into the condition of backward classes. xv) A Commission on Official Language. xvi) Special Officer for linguistic minorities,Legislative Powers The President being an integral part of Parliament enjoys many legislative powers. These powers are given below: The President summons, and prorogues the Houses of Parliament. He may summon the Parliament at least twice a year, and the gap between two sessions cannot be more than six months. The President has the power to dissolve the Lok Sabha even before the expiry ofits term on the recommendation ofthe Prime Minister. In normal course he/she dissolvesLok Sabha after five years. The President nominates twelve members to Rajya Sabhafrom amongst persons having special knowledge in the field of literature, science, art andsocial service. The President may also nominate two members of Anglo-Indian communityto the Lok Sabha in case that community is not adequately represented in the House. ThePresident can call a joint sitting of the two Houses of Parliament in case of a disagreementbetween Lok Sabha and Rajya Sabha ‘on anon-money bill. So far thrice such joint sittings have been summoned. The President has the right to address andsend messages to Parliament. The President addresses both Houses of Parliament jointlyat the first session after every general election as well as commencement of the firstsession every year. These addresses contain policies of the government of the day.Every bill passed by Parliament is sent to the President for his/her assent. The Presidentmay give his/her assent, or return it once for the reconsideration of the Parliament. Ifpassed again the President has to give her assent. Without his/her assent no bill can becomea law. The President may promulgate an ordinance when the Parliament is not in session. The ordinance so issued has the force of law. The ordinance so promulgated should be laidbefore both Houses of Parliament when they reassemble. Ifitis neither rejected by theParliament nor withdrawn by the President, it automatically lapses six weeks after thecommencement of the next session of Parliament. Generally a bill is moved by theGovernment to enact a law in place of the ordinance. Financial Powers Allmoney bills are introduced in the Lok Sabha only with the prior approval of the President. The President has the control over Contingency Fund of India. It enables her to advancemoney for the purpose of meeting unforeseen expenses. Annual budget and railway budgetare introduced in the Lok Sabha on the recommendation of the President. Ifthe Governmentin the middle of the financial year feels that more money is required than estimated in theannual budget, it can present supplementary demands. Money bills are never returned forreconsiderations. The President appoints the Finance Commission after every five years.lt makes recommendations to the President on some specific financial matters, especiallythe distribution of Central taxes between the Union and the States. The President alsoreceives the reports of the Comptroller and Auditor-General of India, and hasit laid in theParliament. Contingency Fund of India: It is a fund kept by the Union Government to meetany unforeseen expenditure for which money is immediately needed. The Presidenthas full control over this Fund. The President permits withdrawals from this Fund. Judicial Powers ‘You have seen above that the President appoints Chief Justice and other judges of theSupreme Court. The President also appoints Chief Justices and other judges of the HighCourts. The President appoints law officers of the Union Government including theAttorney-General of India. The President, as head of state, can pardon criminal or reduce the punishment or suspend,commute or remit the sentence of a criminal convicted by the Supreme Court or HighCourts for an offence against the federal laws. The President can pardon a person convictedby a Court Martial. His/her power of pardon includes granting of pardon even to a personawarded death sentence. But, the President performs this function on the advice of LawMinistry. 4‘The President enjoys certain immunities, He is above the law and no criminal proceedingscan be initiated against him/her. The office of the President is of high dignity and eminence, not of real powers. Thepowers formally vested in him/her are actually exercised not by his/her, but by the UnionCouncil of Ministers, in his/her name. If the President tries to act against the wishes of theministers, the President may create a constitutional crisis. The President may even faceimpeachment and may have to quit. Thus, the President has no alternative but to act inaccordance with the advice of the Prime Minister, who after all is head of the real executive The Prime Minister is in regular touch with the President.The Council of Ministers is responsible to Lok Sabha, and can be removed on its adversevote only. In practice the ministers do not hold office during the pleasure of the President. ‘The Constitution, 42Amendment Act has made it obligatory for the President to act onlyon the advice of the Council of Ministers. The President cannot act independently. His/her powers are formal. It is the Council of Ministers headed by the Prime Ministerwhich isthe real executive. In accordance with the 44th Amendment Act of the Constitution, the President can send back a bill passed by the Parliament for reconsideration only once.If the bill is again passed by the Parliament, the President has to give his assent tothe bill.In the Constituent Assembly, Dr. BR. Ambedkar had rightly said, “The President occupiesthe same position as the King in the British Constitution”. But in reality the President offndia is not a mere rubber stamp. The Constitution lays down that the President has topreserve, protect and defend the Constitution. The President can ask a newly appointedPrime Minister to seek a vote of confidence in the Lok Sabha within a stipulated period oftime. All the administration of the country is carried on in her name. The President can askfor any information from any minister. All the decisions of the Cabinet are communicatedto the President. The President is furnished with all the information relating to administration. [tis in this. context that the utility of the office of the President comes to be fully realized when the President gives. suggestions, encourages and even wams the government. Its in this context, the President emerges asan advisor, a friend and even a critic.By way of conclusion, we may describe the position of the President in the words of Dr.B.R. Ambedkar. According to him/her, the President is the Head of State but not the Diplomatic Powers: International treaties and agreements are concluded on behalf of president. Military Powers: Supreme commander of Defense forces of India He appoints chiefs of Army,Navy and Air force.He can declare war or conclude peace. Emergency Powers of the President ‘The President of India has three types of Emergency Powers: 1. Proclamation of Emergency due to War, External Aggression or Internal Disturbances: Under such a situation, the President will have the authority to frame laws for any part of country. The Fundamental Rights of the citizens are also suspended. 2. Proclamation of Emergency due to failure of Constitutional Machinery in a State: In such a situation President's rule is imposed on a State and the Legislative Assembly of that State is dissolved. All the legislative powers of the State go to the Parliament.3. Proclamation of Financial Emergency: In such a situation, the President may decrease the pay and allowances of the government employees. Moreover, the finances ofthe States also come under the control of the President. Can there be President's Rule at the Centre? The President is empowered te dissolve the House of the People or the Lok Sabha in terms of Article 85(2)(d). The Rajya Sabha or the Council of State on the other hand isa permanent House and is not subject to dissolution. According to Article 83(2)(d), the House of the People, unless sooner dissolved, continues for 5 years from the date fixed for its first meeting, and the completion of the said period of 5 years automatically operates as a dissolution of the House. The Parliament can also be dissolved if the Prime Minister so advises the President but it is up to the President to accept the advice or not. (Making such a recommendation is a political, but not a legal, right of the Prime Minister). In case a Prime Minister recommends dissolution of Parliament and the President accepts such advice, the latter is supposed to ask the Prime Minister to continue as the Head ofa caretaker government till such time as fresh elections have been held and anew government commanding a majority comes into being. There is no provision for President's rule at the Centre. Privileges and Immunities of the President ‘The President of India enjoys certain privileges and immunities which include the following: 1. The President is not answerable to any court of law for the exercise of his functions. 2. The President can neither be arrested nor any criminal proceedings be instituted against him in any court of law during his tenure. 3. The President cannot be asked to be present in any court of law during his tenure. 4. A prior notice of two months time is to be served before instituting a civil case against him. Vacancy in the Office of the President Avaacancy in the office of the President may be caused in any of the following ways- i) Onthe expiry of his term of five years. ii) Byhisdeath iii) By his resignation iv) Onhisremoval by impeach v) Otherwise, e.g.,on the setting aside of his election as President (Art.65(1)]. ‘Whenever the office of the President falls vacant either due to death or resignation orimpeachment, the Vice-President officiates for a period not more than six months. TheConstitution has made it obligatory that in such cases (of vacancy in the office of President)election for a new President must be held within six months. The rlewly elected Presidentthen holds office for his fall term of five years. Thus, when President Fakhruddin AliAhmad died in 1977, Vice-President B. D. Jatti officiated and the new President (SanjeevaReddy) was elected within six months.In case the President's office falls vacant and the Vice- President is not available (or Vice-President acting as President dies or resigns in less than six months), the Chief Justice offndia is required to officiate till the new President is elected. This provision was made in1969 by the Parliament to enable Chief Justice Hidayatullah to officiate when PresidentZakir Hussain had died, and Vice-President V. V. Giri resigned. If a President is temporarily unable to discharge his duties, due to illness or otherwise, theVice-President may discharge the functions of the President without officiating as thePresident. The Constitution has vested the President with vast powers. Broadly the powers of thePresident can be classified as Executive, Legislative, Financial and Judicial Powers. 6Removal of the President The President can only be removed from office through a process called impeachment. The Constitution lays down a detailed procedure for the impeachment of the President.He can only be impeached ‘for violation ofthe Constitution’. The following procedure isintentionally kept very difficult so that no President should be removed on flimsy ground. The resolution to impeach the President can be moved in either House of Parliament Such a resolution can be moved only after a notice has been given by at least one-fourthof the total number of members of the House. Such a resolution charging the President forviolation of the Constitution must be passed by a majority of not less than two-third of thetotal membership of that House before it goes to the other House for investigation. The charges levelled against the President are investigated by the second House. Presidenthas the right to be heard or defended when the charges against him are being investigated. The President may defend himself in person or through his counsel. If the charges are accepted by a two-third majority of the total membership of the second House, theimpeachment succeeds. The President thus stands removed from the office from the dateon which the resolution is passed. This procedure of impeachment is even more difficult than the one adopted in Americawhere only simple majority is required in the House of Representatives to initiate theproceedings. Impeachment: An impeachment is a quasi-judicial procedure leading to theremoval of a high public official, say, the President asin India, on the grounds of theviolation of the Constitution. Procedure for Impeachment of the President: ‘An impeachment is quasi-judicial procedure in Parliament. Either House may prefer the charge of violation ofthe Constitution before the other House which shall then either investigate the charge itself or cause the charge to be investigated. But the charge cannot be preferred by a House unless a) Arresolution containing the proposal is moved after a 14 days’ notice in writing signed by not less. than % of the total number of members of that House; and b) The resolution is then passed by a majority of not less than 2/3 of the total membership of the House. ‘The President shall have a right to appear and to be represented at such investigation. Since the Constitution provides the mode and ground for removing the President from his office. Since the Constitution provides the mode and ground for removing the President, he cannot be removed otherwise than by impeachment, in accordance with the terms of Arts. 56 and 61. Vice — President of India: The Constitution of India provides for the office of the Vice-President. The Vice-Presidentof India is elected indirectly by an electoral college consisting of members of both Houses of Parliament, on the basis of proportional representation by means of single transferablevote system. The voting is held by secret ballot. The Vice-President cannot be a memberof either Houses of Parliament, or of a State Legislature. The Vice-President has topassess the following qualifications:He/she has to be a citizen of India, who should not be less than 35 years of age, should nothold any office of profit and should be eligible to be elected asa member of the RajyaSabha. The Vice-President is elected for a term of five years. He/she may resign from the officeof the Vice-President even before the expiry of five years by writing to the President. TheVice President can be removed before five years ifa resolution to this effect is passed bya majority of members of Rajya Sabha and agreed to by the Lok Sabha. 7Functions of the Vice-President The Vice-President is the ex-officio Chairman of Rajya Sabha which means that whosoeveris the Vice- President, he/she presides over the Rajya Sabha and performs normal dutiesof a presiding officer. These inchide maintenance of order in the House, allowing membersto speak and ask questions, and putting bills and motions to vote. Since the Vice-Presidentis not a member of the Rajya Sabha, he/she cannot vote in the House. But, in case of a tie(equality of votes in favour and against a bill), the Vice President exercises his/ her castingvote so thata decision can be reached. If ever a vacancy arises in the office of President, due to death, resignation or impeachment,the Vice- President officiates as the President for not more than six months (see above). During that period, he enjoys all powers of the President, and does not preside over the House when he officiates as President.In case the President is temporarily unable to discharge his/her functions, the Vice-Presidentmay be called upon to discharge his/her functions, without becoming officiating President. ‘The executive powers of the President are exercised by the Council of Ministers. TheConstitution provides that “there shall be a Council of Ministers with the Prime Minister atthe head to aid andadvice the President in the exercise of his functions”. Here the word'shall’ indicates that the President cannot function without the Council of Ministers. ThePresident is the constitutional head of State, but the real Head of the government is thePrime Minister. Appointment of the Prime Minister ‘The Prime Minister is appointed by the President but the President does not have freedomin the selection of the Prime Minister. Normally the President has to invite leader of themajority party to form the government. In case no single party is in clear majority, thePresident invites the person who is likely to command support of two or more partieswhich make up majority in the Lok Sabha. Once appointed, the Prime Minister holdsoffice so long as he/she enjoys the support of the majority of members of Lok Sabha. ‘ThePrime Minister is normally leader of the majority party in Lok Sabha. However, there havebeen cases when a member of Rajya Sabha was made the Prime Minister. This happenedwhen Mrs. Indira Gandhi was. first appointed, Prime Minster in 1966, or when I. K. Gujralbecame Prime Minister in 1997 or when Rajya Sabha member Dr. Manmohan Singhbecame the Prime Minister in 2004. In 1996 H.D. Deve Gowda was not a member of anyHouse. He later entered the Rajya Sabha. Members of the Council of Ministers are appointed by the President on the advice of thePrime Minister. While selecting the ministers, the Prime Minister the PM keeps in mindthat due representation to different regions of the country, to various religious and castegroups. In a coalition government, the members of coalition parties have to be given duerepresentation in the Council of Ministers. ‘The Prime Minister decides portfolios of theMinisters, and can alter these at his will.In order to be a Minister, a person has to bea member of either of the two Houses ofParliament. Even a person whois not a member of any of the two Houses can become aMinister for a period of six months. Within six months the Minister has to get himself/herself elected to either House of Parliament, failing which he/she ceases to bea Minister.All the Ministers are collectively as well as individually responsible to the Lok Sabha, The Council of Ministers consists of two category of ministers. These are: Cabinet Ministersand Ministers of State. The Cabinet Ministers are usually senior members of the party/coalition of parties. The Ministers of State come next to Cabinet Ministers. Some of theMinisters of State have independent charge of a department while other Ministers of Stateonly assist the Cabinet Ministers. Sometimes even deputy ministers are also appointed toassist the ministers.Ministers other than Cabinet Ministers normally do not attend the meetings of the Cabinet.The Prime Minister presides over the meetings of the Cabinet. All policy matters aredecided by the Cabinet. The Prime Minister has the authority to reshuffle the portfolios ofthe Ministers or even ask for their resignation. In case of resignation or death of the PrimeMinister the entire Council of Ministers also goes out of office. This is because the Councilof Ministers is created by the Prime Minister, who also heads it. The entire Council ofMinisters is responsibility to the Lok Sabha. Powers and Functions of the Prime Minister ‘The Prime Minister is the most important and powerful functionary of the Union Government. The President is head of the government and leader of Lok Sabha. The President isprincipal advisor to the President, and the country’s visible face and spokesperson in theinternational affairs. His/her role is unparalled and the President gives direction to thegovenance of the country. The Prime Minister being the head of the Council of Ministers, selects the Ministers to besworn in by the President. The Ministers in fact are chosen by the Prime Minister andremain Ministers as long as they enjoy the confidence of the Prime Minister. ‘The PrimeMinister distributes portfolios among Ministers. The President can change the portfolios as and when he desires. The Prime Minister can drop a Minister or ask for his/herresignation. The Prime Minister presides over the meetings of the Cabinet and conducts its proceedings.As head of the Cabinet, he/she largely influences the decisions of the Cabinet. The PrimeMinister co-ordinates the working of various ministers. The President resolves disagreementif any amongst different Ministers. Prime Minister is the link between the President andthe Cabinet. The decisions of the Cabinet are conveyed to the President by the PrimeMinister. It is he who keeps the President informed of all the policies and decisions of theGovernment. No Minister can meet the President without the permission of the PrimeMinister. All important appointments are made by the President on the advice of the PrimeMinister. It is on the advice of the Prime Minister that the President summons and proroguesthe session of the Parliament and even dissolves the Lok Sabha. ‘The Prime Minister is the “principal spokesman” and defender of the policies of theGovernment in the Parliament. When any Minister is unable to defend his/her actionsproperly, the Prime Minister comes to the help of that Minister both inside and outside theParliament. The Prime Minister is the leader of the nation. The nation looks to his/her forguidance. At the time of general elections, itis the Prime Minister who seeks mandate ofthe people. The Prime Minister plays an important role in the formulation of domestic andforeign policies. The President represents the country in the world arena, by participatingin the international meetings such as NAM, SAARC and United Nations. All internationalagreements and treaties with other countries are concluded with the consent of the PrimeMinister. The President is the Chief spokesperson of the policies ofthe country. ‘The Prime Minister has a special status both in the Government and in the Parliament.This makes him/her the most powerful functionary. His/her position and powers dependupon his/her personality. A person of the stature of Jawaharlal Nehru or Indira Gandhi, isalways more effective than a person who lacks vision or depends on support from outsidehis party. The Prime Minister is not only leader of the Parliament but also leader of the nation. The Prime Minister has to secure the willing cooperation of all important members of his/her own party. In a minority government, the Prime Minister has to depend onoutside help that might act as hindrance in his effective role. The terms Council of Ministers and ‘The Cabinet’ are often used as inter-changeableterms. In reality, they are not. Prior to 44th Amendment of the Constitution, the word'Cabinet’ was not mentioned in the Constitution. Let us distinguish between the Council ofMinisters and the Cabinet.The main points of difference are: The Council of Ministers consists of all category of Ministers i.e., Cabinet Ministers and 9Ministers of State. TheCabinet on the other hand consists of Senior Ministers only. Its number varies from 15 t030 while the entire Council of Ministers can consist of even more than 70. The Council ofMinisters as a whole rarely meets. The Cabinet on the other hand meets as frequently aspossible. Itis the Cabinet that determines the policies and programmes of the Governmentand not the Council of Ministers. Thus, ‘Cabinet is an inner body within the Council ofMinisters’. It acts in the name of the Council of Ministers and exercises all powers on itsbehalf. Powers and Functions of the Cabinet Tthas enormous powers and manifold responsibilities. All the executive powers of the Presidentiis exercised by the Cabinet headed by the Prime Minister. The Cabinet determines and formulates the internal and external policies of the country. Ittakesall major decisions regarding defence and security of the country. Ithas also toformulate policies sos to provide better living conditions for the people.Cabinet has controlover national finance. The Cabinet is responsible for whole of the expenditure of thegovernment as well for raising necessary revenues. Itis the Cabinet that prepares the textof President's address to the Parliament. The Cabinet is also responsible for the issuanceof Ordinances by the President when the Parliamentiis not in session. The sessions of theParliament are convened by the President on the advice ofthe Cabinet conveyed throughthe Prime Minister. The Cabinet prepares the agenda of the sessions of the Parliament pleasure of the President. But, infact, they are responsible to, and removable by the LokSabha. Actually the Constitution has itself declared that the Council of Ministers shall beresponsible to the Lok Sabha (not to both the Houses). Ministerial responsibility is theessential feature of parliamentary form of government. The principle of ministerialresponsibility has two dimensions: collective responsibility and individual responsibility. Collective Responsibility ‘Our Constitution clearly says that “The Council of Ministers shall be collectively responsibleto ‘House of the People’.” Itactually means that the Ministers are responsible to the LokSabha not as individuals alone, but collectively also. Collective responsibility has twoimplications. Firstly, it means that every member of the Council of ministers acceptsresponsibility for each and every decision of the Cabinet. Members of the Council ofMinisters swim and sink together. When a decision has been taken by the Cabinet, everyMinister has to stand by it without any hesitation. If a Minister does not agree with theCabinet decision, the only alternative left to him/her is to resign from the Council of Ministers. The essence of collective responsibility means that, ‘the Minister must vote with thegovernment, speak in defence of it if the Prime Minister insists, and he/she cannot afterwards reject criticism of his act, either in Parliament or in the constituencies, on the ground that he/she did not agree with the decision.’ Secondly, vote of no- confidence against the PrimeMinister isa vote against the whole Council of Ministers. Similarly, adverse vote in the LokSabha on any government bill or budget implies lack of confidence in the entire Council ofMinisters, not only the mover of the bill. Indi jual Responsibility Though the Ministers are collectively responsible to the Lok Sabha, they are also individuallyresponsible to the Lok Sabha. Individual responsibility is enforced when an action taken bya Minister without the concurrence of the Cabinet, or the Prime Minister, is criticized and not approved by the Parliament. Similarly if personal conduct of a Minister is questionableand unbecoming he may have to resign without affecting the fate of the Government. IfaMinister becomes a liability or embarrassment to the Prime Minister, he may be asked toquit.No-Confidence Motion Itisa motion moved by a member of legislatureexpressing no-confidence of the House in the Council of Ministers. If adopted by thelegislature, the Council of Ministers has to resign.India has adopted parliamentary form of government where the President is the constitutionalhead of state. The Council of Ministers headed by the Prime Minister is the real executive. The President of India is indirectly elected by an Electoral College consisting of electedmembers of both Houses of Parliament and the elected members of State LegislativeAssemblies (VidhanSabhas) by means of single transferable vote system of proportionalrepresentation. The President is elected through a complicated system which ensuresequal voice (value of votes) of the national Parliament on the one side and all the StateLegislative Assemblies on the other.The President is elected for a term of five years. The President is eligible for re-election. The President may resign before the expiry of his/her term or can be removed from office by impeachment. The President enjoys vast powers. His/her powers can be classified into Legislative,Executive, Financial and Judicial. But his/her powers are exercised by the Council ofMinisters headed by the Prime Minister. ‘The President enjoys numerous privileges andimmunities, and exerts influence in the field of administration. ‘The President possesses the right to be informed, to be consulted and to warn. The President is a guide and advisor ofthe Council of Ministers. The Prime Minister is the real head of the Government. ThePresident is appointed by the President. The Prime Minister has to appoint the leader of themajority party in Lok Sabha or leader of a group of parties as the Prime Minister. The Council of Ministers headed by the Prime Minister aids and advises the President inthe exercise of his functions. The Council of Ministers consists of two levels of Ministers-Cabinet Ministers and Ministers of State. The President appoints the Ministers on themadvice of the Prime Minister. The Prime Minister is the leader of the nation. He/she is responsible for administration ofthe country. He/she presides over the meetings of the Cabinet. The Council of Ministersworks under his/her. The President represents the nation atall national and internationalforums. ‘The Prime Minister is the link between the President and the Council of Ministers. He/she supervises and co-ordinates the working of different Ministries. He/she remains inoffice as long as he/she enjoys the support of the majority of membersin the Lok Sabha. Allimportant appointments are made by the President on the recommendation of the PrimeMinister. ‘The Council of Ministers consists of all category of Ministers, while the Cabinet isa smallergroup consisting of senior Ministers. The Council of Ministers as a whole rarely meets. It isthe Cabinet which determines the policies and programmes of the Government. All theMinisters are collectively as well as individually responsible to the Lok Sabha. The Councilof Ministers can be removed from office by Lok Sabha ifa vote of no-confidence isadoptedby it. The Cabinet formulates the external and internal policies of the government. Itcoordinatesthe working of various departments. It has full control over the national finance. A moneybill can only be introduced in the Lok Sabha by a Minister. The Attorney-General of India: > Appointed by the President. > The person to be appointed as Attorney-General must be qualified to be appointed as.a Judge of the Supreme Court. Art.76(3). He holds office during the pleasure of the President. He shall get such remuneration as the President may determine. Art.76(4). 1Functions of the Attorney-General of India: > > He is to give advise to the Govt. of India upon such legal matters as may from time to time, be referred or assigned to him by the President. Performs such other duties of legal character may be assigned by the President. He has also to discharge the functions conferred on him by the Constitution or by any other law. Art.76(2). According to the rules made by the President under this Article the Attorney-General is required to appear on behalf of the Govt. of India in all cases in which the Govt. of India is concerned. He may also be required to appear in any High Court in any case in which the Govt. of India is concerned. He shall neither advise nor hold a brief against the Govt. of India in cases in which he is called upon to advise the Govt. of India nor defend accused persons for criminal prosecutions without the permission of the Govt. of India. he is prohibited to take appointment as a director in any company. In the performance of his duties he has right to audience in all courts in the territory of India. He has right to speak and take part in proceedings of either House of Parliament without a right tovote. (Art.8) Heis entitled to all the privileges and immunities as a member of parliament. [Art 105(3)]. THE sTATE EXECUTIVE THE GOVERNOR Governors of States Art.153, there shall be a Governor for each State, provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States. Art.154, the executive power of the State shall be vested in.the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. Art.155. Appointment of Governor The Governor of a State shall be appointed by the President by warrant under his hand and seal. Term of office of Governor Art.156 qa) (2) (3) The Governor shall hold office during the pleasure of the President. The Governor may, by writing under his hand addressed to the President, resign his office. Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 12Art.157. Qualifications for appointment as Governor No person shall be eligible for appointment as Governor unless he isa citizen of India and has completed the age of thirty-five years. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases Art.161. ‘The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. Extent of executive power of State - Art.162 ‘The executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws. Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof. Legislative Power of the Governor ‘Art.213. Power of Governor to promulgate Ordinances during recess of Legislature (1) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if— (a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or (8) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration ofthe President; or (c) an Actof the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President. (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the State assented to by the Governor, but every such Ordinance— (a) _ shall be laid before the Legislative Assembly of the State, or where there isa Legislative Council in the State, before both the Houses, and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, ifany, upon the passing ofthe resolution or, as the case may be, on the resolution being agreed to by the Council; and (4) may be withdrawn at any time by the Governor. 13Explanation. —Where the Houses of the Legislature ofa State having a Legislative Council are summoned toreassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) Ifand so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void: Provided that, for the purposes of the provisions of this Constitution relating to the effect ofan Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him. Council of Ministers Art.163, Council of Ministers to aid and advice Governor (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. (2) Ifany question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. (3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court. The Advocate-General for the State Advocate-General for the State - Art.165 The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State. It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. Conduct of Government Business Conduct of business of the Government of a State - Art.166 (1) Allexecutive action of the Government of a State shall be expressed to be taken in the name of the Governor. (2) Ordersand other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. 14(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it isnot business with respect to which the Governor is by or under this Constitution required to act, in his discretion. Duties of Chief Minister as respects the furnishing of information to Governor, etc. Art.167. It shall be the duty of the Chief Minister of each State— (@ _ tocommunicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; (8 _ to furnish such information relating to the administration of the affairs of the State and proposals. for legislation as the Governor may call for; and (Q_ ifthe Governor so 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. 15UNIT - II LEGISLATURE AND JUDICIARY The Parliament (Articles 79 - 122) Composition of Parliament: Parliament of India consists of three organs. © The President © Council of States (Rajya Sabha) © House of the People (Lok Sabha) Though the President is not a member of either House of Parliament yet, like the British Crown, he is an integral part of the Parliament and performs certain functions relating to its proceedings. The President summons the two Houses of Parliament dissolves the House of People and gives assent of Bills. It isto be noted that, though the India Constitution provides for the Parliamentary form of Govt. but unlike in Britain, the Parliament is not supreme under the India Constitution. In India, the Constitution is supreme. In England, laws passed by the Parliament cannot be declared unconstitutional while the Indian Constitution expressly vests this power in the courts. The Indian Parliament is the creature of the Constitution and derives all its powers from the Constitution. It is not a sovereign body. ‘The Rajya Sabha: The Rajya Sabha or the Council of States is the Upper House of the Union Parliament. The maximum membership of the Rajya Sabha is fixed at 250 of whom 12 shall be nominated by the President, and the remainder 238 shall be representatives of States and the Union Territories. Art.80(1). Mode of selection: The representatives of States are elected by the members of the Legislative Assemblies in accordance with the system of proportional representation by means ofa single transferable vote. The representatives from the Union Territories are chosen in such manner as Parliament may by law determine. The allocation of seats to each State or Union Territories and number of seats allocated to each in the Rajya Sabha are specified in the Fourth Schedule. The 12 nominated persons are by the President from amongst the persons having special knowledge or practical experience in Literature, Science, Art and Social Service. Art.80(3). ‘The nominated members do not participate in the election of the President of India. Chairman and the Deputy Chairman of Rajya Sabha: The Vice-President shall be the ex-officio chairman of the Rajya Sabha. The Rajya Sabha shall also elect a member of the House to be a Deputy Chairman (Art.89). When the office of then Chairman is vacant or he is acting as the Vice-President or discharging the function. of President, his duties shall be performed by the Deputy Chairman. If the office of the Deputy Chairman is also vacant the duties shall be performed by the by such member of the Rajya Sabha as the President may appoint for that purpose. The Chairman presides over the sittings of the House and in the absence the Deputy Chairman presides. 16‘The Deputy Chairman shall vacate his office if he ceases to bea member of the council. He may resign his. office by writing to the Chairman. He may also be removed from his office by a resolution of the council passed by a majority of all the members present. (Art.90). But such a resolution can only be moved by giving at least 14 days notice. The Chairman shall have the right to speak and take part in the proceedings but shall have no right to vote on such resolution or on any other proceedings. (Art 92). The Rajya Sabha is the permanent House. Itis not subject to dissolution. Its members are elected for a period of six years but one third of its members retire after every two years. Utility of the Rajya Sabha: Although, the Rajya Sabha is a permanent body but in regard to powers it enjoys inferior position vis-a-vis the Lok Sabha. Amoney bill can only be introduced in the Lok Sabha. ‘The Rajya Sabha has no powers in respect of a money bill Avote of no-confidence cannot be passed against the Govt. by the Rajya Sabha. Even in the case of ordinary bill if a deadlock is created between the two Houses and the joint session is held then by virtue of the numerical strength of the Lok Sabha the bill will be passed. vvvv ‘The weak position of the Rajya Sabha is severely criticized by the constitutional jurists and they plead for its abolition. but in a Federal Constitution a second chamber is a necessity and it plays an important role in matters of legislation and therefore it should be retained. LOK SABHA ‘The Lok Sabha isa popular House. Its members are directly elected by the people. The maximum No. ofits membership is fixed at 550. Out of whom, a) not more than 530 are elected by the votes in the States. b) not more than 20 to represent the Union Territories. (Art.81). Under Art.331 the President may nominate not more than 2 members of the Anglo-Indian Community if in his opinion that community is not adequately represented in the Lok Sabha. The representatives of States are elected directly by the people of the State on the basis of adult franchise. The representatives of Union Territories shall be elected in the manner prescribed by Parliament by law. Territorial Constituencies: For the purposes of elections to the Lok Sabha each State is divided into territorial constituencies in such manner that ratio between that number and its population, so far as practicable is the same for all the States. Art. 81(2).i., Uniformity of representation. Tenure of Lok Sabha: The Lok Sabha shall continue for five years from the commencement of its first session. The President, may, however, dissolve it even earlier. But while a proclamation of emergency isin operation the life of the House of People may be extended by law of Parliament for one year at a time. The Lak Sabha, whose 17life has been so extended, cannot continue beyond a period of six months after the proclamation of emergency has ceased to operate [Art 83(2)]. Qualification for Membership of Parliament: > > > > > > must be acitizen of India. not less than 30 years of age in case of the Council of States and not less than 25 years of agein the case of House of the People. Possessing such other qualifications as may be prescribed by Parliament. Taken an oath before some person authorized in that behalf by the election commission according to form set out for the purpose in third schedule. (Art 84). The Representation of Peoples Act, 1951, requires that a person's name should be registered asa voter in any parliamentary constituency. The Constitution does not prescribe any educational qualification for membership of Parliament. Disqualifications: (Art.102): ° oo e ° Ifhe holds any office of profit under Central or the State Government other than an office declared by Parliament by law not to disqualify its holder. Art.102(1)(b). Ifhe is of unsound mind and a competent court has declared him to be so. Ifhe is an undischarged insolvent If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or under any acknowledgement of allegiance or adherence of a foreign State. If he is so disqualified under any law made by Parliament. For this purpose, Parliament has prescribed the necessary disqualifications in the representation of People’s Act, 1951. In K.B.Pohmaray v. Shankar Rao, AIR 1975 SC 575, it has been held that the honorarium paid to the members of the wage board under the Bombay Industrial Act, 1946 is not profit because itis not sufficient even for his pocket expenses. Parliament has enacted the Parliament (Prevention of Disqualification) Act, 1959 which exemps certain offices as not to disqualify their holders for membership of Parliament. In Jaya Bachchan v. Union of India, AIR 2006 SC 2119, the the Supreme Court held that the petitioners disqualification from the membership of the Rajya Sabha was valid. If the pecuniary gain is ‘receivable’ in connection with the office then it becomes an office of profit irrespective of whether such pecuniary gain isactually received or not. Disqualification under the Representation of Peoples Act: > > > > Corrupt practice at an election Conviction for an offence resulting in imprisonment for two or more years. Failure to lodge an account for election expenses Having an interest or share in the contract for supply of goods or execution of any work or performance of a service to the Govt. Being a director or managing agent or holding an office of profit in a corporation in which the Govt. has 25% share. Dismissal from Govt. service for corruption or disloyalty to the State. 18Disqualification on the ground of defection: ‘The 52"! amendment has amended Arts. 101,102,190and 191 and added a new schedule, the Tenth Schedule to the Constitution which specifies the disqualifications on the ground of defection. The Amendment has added a new clause(2) to Arts,102 and 191 which provides that, a member shall be disqualified for being a member of either House of Parliament or of State Legislatures if he incurs the disqualifications specified in the Tenth Schedule. The Constitution 91" Amendment Act, 2003: This Act added a new clause to Arts.75 and 164 of the Constitution. Clause (1-B) provides that a member of either House of Parliament belonging to any political party who is disqualified for being a member of that House on the ground of defection under para (2) of the Tenth Schedule shall also be disqualified to be appointed asa minister under Clause (1) of Arts. 75 and 164 until he is re-elected. Ifany question arises as towhether a member of a House has become subject to any disqualification under the Tenth Schedule, the question shall be referred to the Chairman or the Speaker of such House, whose decision shall be final. The decision of the presiding officer shall be final and shall not be called into question in any court of law (Paragraph 7). In a landmark Judgment of KihotaHollohon v. Zachilhu (1992) 1 SCC 309, the Supreme Court has been struck down para 7 (Tenth Schedule) of the anti-defection law, which provided that the Speaker's decision shall be final and no court could examine its validity. The Court held that the function of the Speaker, while applying the anti-defection law is that of a Tribunal and therefore is open to judicial review. But by 23:2 majority the court held that Schedule 10 is not violative of freedom of speech, freedom of vote and conscience of Members of Parliament and Legislatures of States. Vacation of Seats: A member of either House of Parliament may resign his seat by writing to the Chairman or tothe Speaker, as the case may be. His seat then shall become vacant {Art.101(3)(1)]. Without the permission of the House, absents himself from all the meetings of the Houses for a period of sixty days the House may declare his seat vacant. [Art.101 (4)]. A declaration to that effect is necessary otherwise that seat will not become vacant. The 33Amendment now provides that if a member of Legislature resigns his seat the Speaker or the Chairman shall not accept his resignation, ifon enquiry, he is satisfy that such resignation is not voluntary or genuine. This amendment is an outcome of the Gujarat movement where members were compelled to resign from the Legislative Assembly. Speaker and Deputy Speaker of Lok Sabha: > The Lok Sabha elects two of its members as Speaker and Deputy Speaker. The Office of Speaker is one of the great responsibility. He presides over the sittings and controls its working. He upholds the dignity and privileges of the House. Once elected, he must rise above the party interests. In England, there is a convention that the Speaker has to resign from his party. ‘This is necessary to maintain impartiality on his part. vVvvvVvVvY ‘The Constitution of India also contains certain provisions for maintaining independence and impartiality of the Speaker. \ His salary is changed on the Consolidated Fund of India. > He cannot be removed from his office except by a resolution passed by a special majority. 19 vWhen the office of Speaker is vacant the Deputy Speaker performs the duties of Speaker. (Art.93). Ifthe office of Deputy Speaker is also vacant, then the duties of the Speaker shall be performed by such member of the House as the president may appoint for this purpose.Art.95(1). Vacation of Seats: (Speaker or Deputy Speaker): ‘Assoon as they cease to be members of the House they have to vacate their offices. The Speaker continues his office even if the Lok Sabha is dissolved, till newly elected Lok Sabha meets. They may resign their offices or they may be removed from their offices by a resolution of the House of the people passed by a majority of all the then members of the House. [Art.94 (a)(b)(c)]. Fourteen days notice has been given of the intention to move the resolution, (Art 94 proviso). Sessions of Parliament: The President shall from time to time summon each House of the Parliament to meet at such time and place as he thinks fit. But this right is subject to the condition that six months should be intervene between its last sitting in one session and the date appointed for its sitting in the next session. Art.85(1). At the commencement of the first session after the general election tothe Lok Sabha, the President shall address. both Houses of Parliament assembled together and shall inform the causes ofits summons.Art.87(1). The Presidential address is with regard to the general policies of the Government and indication of its furure programmes to be taken by the Govt. it is not the private speech of the President and itis prepared by the Cabinet. The President is empowered to address either House or both the Houses assembled together at anytime and for that purpose require the attendance of members. Art 86(1). The President may send message to either House of Parliament whether with respect to a Bill pending in Parliament or otherwise. Prorogation: Prorogation merely ends a session. It does not end the life of the House. The House meets again after prorogation. The power to prorogue the house is vested in the President.Art.85(9). In England prorogation brings to an end all Bills or Business then pending before the House. But in India a pending Bill or business does not lapse on the prorogation of a session. It means the House ceases to do a business at a particular time. It takes up pending business for consideration when it meets after prorogation. Dissolution: A dissolution ends the very life of the House and general election then must be held to elect a new Lak Sabha. The Rajya Sabha is a permanent body and not subject to dissolution. A dissolution ends the very life of the House while a prorogation endsa session. The power to dissolve is vested in the President. [Ar.85(5)]. On the advice of the Prime Minister. In England, it is a well settled convention that the sovereign can dissolve the House when advised by the Prime Minister. Effect of dissolution on the business pending in the houses: 1) _ Abill pending in the RajyaSabha but not passed by the Lok Sabha does not lapse; 2) _Abill pending in the Lok Sabha lapses; 3) _ Abill passed by the Lok Sabha but pending in the Rajya Sabha lapses unless it is saved by the president's intention to call a joint sitting of the two houses. 20Procedure in the Home: ‘Art.100 provides that all question at a sitting of the houses shall he decided by a majority of the votes of the members present and voting other than the speaker or person acting asa chairman.In the first instance they shall not vote hut shall exercise a casting vote in the case of an equality of votes.Either houses of parliament have power toact not withstanding any vacancy in the membership. Functions of parliament: Making of laws and theLegislative procedure is initiated in the form of bill. Ordinary Bill: Bill other than money bill or financial bills and may originate in either houses of parliament. The bill must be passed by the both the houses of parliament and then only it can be sent for president's assent If becomes law when itis assented to by the president. The procedure to pass a bill has to be laid down by each House. ‘According to bill has to pass through threestages commonly known as readings they are,First second and third reading: ‘At the first stage: The bill is introduced in the houses. No discussion takes place. The second reading: It is consideration stage when the bill is discussed clause by clause. Amendments may be moved. Third stage: A brief general discussion of the bill takes place and the bill is finally past. ‘When the bill is passed by the one house it is sent to the other House. Ifthere is any disagreement between the houses over any bill,the bill cannot be deemed to have been passed. Ifthe two houses do not agree a deadlock is created. To resolve such a deadlock the constitution provides the method of joint sitting of the Houses. Joint sitting of the houses:Art. 108 the circumstances are: 1) Isrejected by the house; or 2) The houses disagrees as the amendment to be made in the bill; or 3) The other house does not pass the bill and more than six months have passes. Then the president may summon a joint sessions of both the Houses. Theparliament, however cannot summon a joint sitting if the bill in question has lapsed by reason of dissolution of the Lok Sabha. If the dissolution takes place after the president has notified his intention to summon a joint sitting, such sitting will be held notwithstanding the dissolution. If at the joint sitting the bill is passed by a majority of the total numbers of members of both the houses presents and voting it shall be deemed to have been passed by both the houses.{Art. 108 (4)] at a joint session,no new amendments shall be proposed in the bill except such which are made necessary by the delay in the passage of the bill. ifat all any amendments is necessary the decision of the presiding officer will be final, Art. 108 (4)(b).the joint session shall be presided over by the speaker of the Lok Sabha or in his absence such person as may be determined by rules or procedure[ Art. 118 (4)] But this provision does not apply to money bills. 21Money Bill: Art.110(1)a money bill isa bill which contains only provisions with request to all or any of the following matters:~ a) The imposition abortion remission alternation or regulation of any tax, b) The regulating of the borrowing of money or the giving of any guarantee by the Government of India. ©) Thecustody of the consolidated fund, thepayment or the contingency fund the payment or withdrawal of the money from such fund, 4) Theappropriation of money out of the consolidated fund of India, ©) _ Thedeclaring of any expenditure to be charged on the consolidated fund of India. f) the receipt of money on account of the consolidated fund of India or the public account of India or the custody or issue of such money or the audit of the account of the union or ofa state. ) Any matterincidental to any of the matters specified in the sub-clause (a) to (f) But a bill is not a money bill by reason only that it provides for:- a) The composition of fines or other pecuniary penalties,or b) The payment of fees for license or services rendered, ©) _ Imposition, abolition,remission, alteration or regulation of any tax by any local authority or body for local purpose. Art 113(2). The question about whether the bill is money bill or not the decision of the speaker of Lok Sabha shallbe final when a bill is sent to Rajya Sabha or presented to the president to assent, a certificate of the speaker shall be endorsed on that it isa money bill [Art110(4)]. Amoney bill can only be introduced in the Lok Sabha with the recommendation of the president. But such recommendation is not necessary for the moving of amendmentsmaking provisions for the reduction or abolition of any tax. Art 117(1) proviso.After a money bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations, The Rajya Sabha must return it within 14 days from the receipt of the bill with its recommendations. The Lok Sabha may either accept or reject all or any of the recommendations of the Rajya Sabha. Ifthe Lok Sabha accepts any of the recommendations of the Rajya Sabha, the money bill shall be deemed to have been passed by both Houses with the amendments by the Rajya Sabha and accepts by the Lok Sabha. The money bill shall be deemed to have been passed by both the Houses even if:The bill is not returned to the Lok Sabha within 14 day. The Lok Sabha rejects all the recommendations of the Rajya Sabha Then it will be presented to the president for his assent. A money bill introduced in the Lok Sabha only on the recommendations of the president. Financial bills are of three kinds:- 1. Money bill-Art 110 (1) 2. Other than financial bill Art 117(3) 3. Billsinvolving expenditure Art 117(3) 22Distinction between money bills, financial bills and bills involving expenditures:- 1. Money bill contain only matters mentioned in the Art 110(1).a financialbill, apart from dealing with one or more than matters mentioned in Art 110(1), deals with other matters also. Thusa financial bill isa money bill to which provisions of general legislations are also added apart fromone or morematters of Article 110(1). All money bills are financial bill but all financial bills are not money bills. 2. In two matters the money ill and the financial bill do not differ. i) Afinancial bill like the money bill, can only originate in the Lok Sabha. ii) Cannot be introduced without the recommendations of the president [Art 117(1)] 3, Financialbill and other boils involving expenditure differ from a money bill in so far as i) The former can be amended or rejected by the Rajya Sabha like any ordinary bill. But the money bill cannot be amended and rejected by the Rajya Sabha. ii) If there is dead lock between the Houses it cannot be resolved by the joint session of the Houses. ‘Thus the Rajya Sabhahas some control over financial and other bills involving expenditure. 4.As regards the procedure for its passage a financial bill is passed according to the ordinary procedure providing for passing of an ordinary bill.As far as presidential assent is concerned, in case of financial bill he may, however, in addition, refer it back to the Houses with a message for reconsideration. Annual Financial Statement - Budget (Art.112): ‘The President shall in respect of every financial year cause to be laid before both the Houses of Parliament an annual financial statement commonly known as the Budget. This statement gives out the estimated income and expenditure for that year. This estimated expenditure is shown separately under two heads: ¥ — Thesums changed upon the Consolidated Fund of India. Y — Thesumsrequired to meet other expenditure out of the Consolidated Fund of India. ‘The following expenditures are changed on the Consolidated Fund of India. 1. Thesalary and allowances of the President and other expenditure relating to his office. 2. Salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and the Speaker and the Deputy Speaker of the Lok Sabha. 3. Debt charges for which the Govt. of India is liable. 4. — Salaries and allowances and pensions payable to Judges of the Supreme Court, HCs, and Federal Court and the Comptroller and Auditor-General of India. 5. Any sums requires to satisfy any judgment, decree, or award of by any Court or Tribunal. 6. Any other expenditure declared by this Constitution or by Parliament by law to be so charged. 23Discussion and Voting on Budget: ‘Art.113: the expenditure which is charged on the Consolidated Fund of India shall not be submitted tothe vote of Parliament. However, Houses are not prevented from discussing any of these items of expenditure. ‘The estimates must be submitted to the Lok Sabha in the form of demands for grants. The Lok Sabha has powers to assent or refuse to assent to any demand or to assent toany demand subject tothe reduction ofthe amount specified therein. No demand for a grant is to be made except on the recommendation of the President. Appropriation Bills: No money can be taken out from the Consolidated Fund of India unless the Appropriation Act is passed. [Art.114(3)]. Therefore after the demands for grants under Art.113 are passed by the Lok Sabha, a Bill known as Appropriation Bill is introduced in the Lok Sabha, No amendment shall be proposed to the Appropriation Bill. Supplementary Additional or Excess Grants: (Art 115) Ifthe amount authorized by the Appropriation Act to be expended for a particular service is found to be insufficient for the purpose of that year or when a need has arisen during the current financial year upon some new service not contemplated for that year, for any additional expenditure a supplementary grant is made by the Parliament. The procedure is the same for both the Appropriation Act and the Supplementary grant. Votes on Account - Votes on Credit and Exceptional Grant: Before the Appropriation Act is passed no money is to be withdrawn from the Consolidated Fund of India. But the Govt. may need money to spend before it is passed. Accordingly, under Art.116 (a) of the 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. General rules of Procedure: Art.118 empowers each House of Parliament to make rules for regulating its procedure and conduct of its business. This power is subject to the provisions of the Constitution. This rule making power of the Houses is, however subject to the provisions of this Constitution. The purposes are timely completion of financial business in each Houses of Parliament in relation to any financial matter or to any Money Bill.(Art.119). The business of Parliament shall be transacted either in Hindi or in English. However, the Chairman of Rajya Sabha or the Speaker of Lok Sabha, may permit any member who cannot be adequately express himself in Hindi or in English to address the House in mother tongue. Courts not to inquire into proceedings of Parliament: ‘Art 122 lays down that the validity of any proceedings in Parliament cannot be called in question in any court on the ground of any alleged irregularity of procedure. The courts cannot issue a writ against the Speaker from presiding over meetings of the House. Hemachandrasen Gupta v. The Speaker, AIR 1956 Cal. 3780r stop the passage of a Bill. Chhotey Lal v. State of UP, AIR 1951 Alll 258.The courts cannot go into the question as to the validity of the proceedings in the House of Parliament. Smt. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299. 24The Comptroller and Auditor-General of India Arts. (148-151): Duties and Powers: Heisto perform such duties and exercise such powers in relation to the accounts of the Union and of States as may be prescribed by or under any law made by Parliament. Until such law is passed, he shall perform such duties and exercise such powers as were exercisable by the Auditor-General of India immediately before the commencement of the Constitution.(Art.149). He performs two duties and those are, > asanaccountant he controls al withdrawal of money disbursed by Central or State Governments. > He shall keep the account of the Union and of the State in the manner prescribed by the President.(Art.150) ‘The report of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President who shall cause them to be laid before the Parliament. He shall submit the reports of accounts of State to the Governor of the State who may lay it before the Legislature. Tue STATE LEGISLATURE Constitution of Legislatures in States Art.168 (1) For every State there shall be a Legislature which shall consist of the Governor, and— (a inthe States of Bihar, Maharashtra, Karnataka and Uttar Pradesh, two Houses; (8 in other States, one House. (2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. Abolition or creation of Legislative Councils in States Art.169 (1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of. State having such a Council or for the creation of such a Council in a State having no such Council, ifthe Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting. (2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary. (3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368. Art.170. Composition of the Legislative Assemblies (1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State. 25(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. Explanation. —n this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Exp/anation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census. (3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly: Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2026 have been published, itshall not be necessary to readjust— () _ thetotal number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and (ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 2001 census, under this clause. Art.171. Composition of the Legislative Councils (1) The total number of members in the Legislative Council of a State having such a Council shall not exceed one third of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty. (2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3). . (3) Of the total number of members of the Legislative Council of a State— (@) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify; (8) asnearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university; 26(0 as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament; (d)_asnearlyas may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly; (2 the remainder shall be nominated by the Governor in accordance with the provisions of clause 6). (4) The members to be elected under sub-clauses (4), (2) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote. (5) The members to be nominated by the Governor under sub-clause (¢) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art, co-operative movement and social service. Art.172.Duration of State Legislatures (1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly. Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. (2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one- third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. Art.173. Qualification for membership of the State Legislature A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he— (2 _isacitizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule; (2) is,in the case ofa seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and (0 _ possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. Art.174, Sessions of the State Legislature, prorogation and dissolution (1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last. sitting in one session and the date appointed for its first sitting in the next session. 27(2) The Governor may from time to time— (2) prorogue the House or either House; (B) dissolve the Legislative Assembly. Officers of the State Legislature The Speaker and Deputy Speaker of the Legislative Assembly - Art.178 Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly tobe respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker - Art.179 Amember holding office as Speaker or Deputy Speaker of an Assembly— (@ shall vacate his office if he ceases to be a member of the Assembly; (8 may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (0. may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before’ the first meeting of the Assembly after the dissolution. The Chairman and Deputy Chairman of the Legislative Council - Art.182 The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman - Art.183 ‘A member holding office as Chairman or Deputy Chairman ofa Legislative Council— (2) shall vacate his office if he ceases to be a member of the Council; (8 may at any time by writing under his hand addressed, ifsuch member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and (Q_ may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution. 28Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman Art.186 There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. Disqualifications of Members Art.190, Vacation of seats (1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one house or the other. (2) No person shall be a member of the Legislatures of two or more States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules made by the President, that person's seat in the Legislatures of all such States shall become vacant, unless he has previously resigned his seat in the Legislatures of all but one of the States. (3) If a member of a House of the Legislature of a State— (a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 191; or (8) resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his seat shall thereupon become vacant: Provided that in the case of any resignation referred to in sub-clause (2), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation. (4) Iffor a period of sixty days a member of a House of the Legislature ofa State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. Art.191. Disqualifications for membership (1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State— (2 _ ifhe holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder; (8 ifheis of unsound mind and stands so declared by a competent court; (c) ifhe isan undischarged insolvent; 29(@ _ ifheis nota citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; (©) if he is so disqualified by or under any law made by Parliament. Explanation—For the purposes of this clause, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State. (2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule. Powers, Privileges and Immunities of State Legislatures and their Members Art.194, Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof There shall be freedom of speech in the Legislature of every State. No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings. In other respects, the powers, privileges and immunities of a House of the Legislature ofa State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, shall be those of that House and ofits membersand committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978. The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature. Art.195. Salaries and allowances of members Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by Jaw and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province. Legislative Procedure Art.196. Provisions as to introduction and passing of Bills (1) Subject to the provisions of articles 198 and 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council. 2) Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses. | | 30(3) A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof. (4) ABill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly. (5) A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly. Axt.197. Restriction on powers of Legislative Council as to Bills other than Money Bills (1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council— (@) the Bill is rejected by the Council; or (8 more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or (6) _ the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council. (2) Ifafter a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council— (a) the Bill is rejected by the Council; or (8 more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or (0) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; The Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, ifany, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly. (3) Nothing in this article shall apply to a Money Bill. Art.198. Special procedure in respect of Money Bills (1) A Money Bill shall not be introduced in a Legislative Council. (2) After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council. 31(3) Ifthe Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly. (4) Ifthe Legislative Assembly does not accept any ofthe recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council. (5) Ifa Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly. ‘Art.199. Definition of “Money Bills” (1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:— (2) the imposition, abolition, remission, alteration or regulation of any tax; (®) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State; () the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund; (@) the appropriation of moneys out of the Consolidated Fund of the State; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure; (O _ thereceipt of money on account of the Consolidated Fund of the State or the public account of the ‘State or the custody or issue of such money; or - @ any matter incidental to any of the matters specified in sub-clauses (a) to (9. (2) A Bill shall not be deemed to bea Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) If any question arises whether a Bill introduced in the Legislature of a State which has a Legislative Council is a Money Bill or not, the decision of the Speaker of the Legislative Assembly of such State thereon shall be final. (4) There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under article 198, and when it is presented to the Governor for assent under article 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bil. 32