Thursday, December 28, 2017

Special Powers of Rajya Sabha

  • According to Article 249, the Parliament will be able to make law in relation to a subject in the State List if the Rajya Sabha, with the support of at least two-thirds of its members present and voting, adopts a proposal to the effect that the Parliament, in national interest, should make law in relation to that subject in the State List.

Special powers of the Lok Sabha

  • The Money and the Financial Bills can only originate in the Lok Sabha.
  • In case of a Money Bill, the Rajya Sabha has only the right to make recommendations and the Lok Sabha may or may not accept the recommendation. Also, a Money Bill must be passed by the Upper House within a period of 14 days. Otherwise, the Bill shall be automatically deemed to be passed by the House. Thus, the Lok Sabha enjoys exclusive legislative jurisdiction over the passage of the Money Bills.

Leader of the Opposition

  • Each House of the Parliament of India has a Leader of the Opposition. While the position also existed in the former Central Legislative Assembly of British India, and holders of it there included Motilal Nehru, it got statutory recognition through the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

Important Parliamentary Terms in relation to the functioning of Parliament of India

Question Hour: During the parliamentary session, the day's business normally begins with the question hour. The Ministers reply to the questions raised by the members of the Parliament.
Zero Hour: The period follows the question hour and it starts at the noon and its duration is one hour (from 12 noon to 1 P.M.). During the zero hour, various issues of public importance are raised without prior notice.

Parliament of India: Important Facts

•    The President is an integral part of the Parliament as it takes part in the legislative process.
•    The first elections to the Lok Sabha were held in 1952 and the first Parliament under the new Constitution was constituted in May, 1952. However, from the date of commencement of the new Constitution e.g. January 26, 1950 till the formation of new elected Parliament e.g. May 1952, the Constituent Assembly acted as the provisional Parliament. Also it should be noted that the Constituent Assembly resolved on August 27, 1947 that the Constituent Assembly shall act as the Union Legislature till the date of Commencement of new Constitution.

Difference between Lok Sabha and Rajya Sabha

  • Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya Sabha are elected by the elected members of State Legislative Assemblies in accordance with the system of proportional representation by means of single transferable vote.
  • The normal life of every Lok Sabha is 5 years only while Rajya Sabha is a permanent body.

Lok Sabha

Parliamentary institutions in India, with all their modern ramifications, owe their origin to India's British connections. Until 1853, there was no legislative body distinct from the Executive. The Charter Act of 1853, for the first time provided some sort of a legislature in the form of a 12 member Legislative Council. The Indian Independence Act, 1947 declared the Constituent Assembly of India to be a full sovereign body. Apart from being a Constitution drafting body, it also assumed full powers for the governance of the country. With the coming into force of the Constitution on 26 January, 1950, the Constituent Assembly functioned as the Provisional Parliament until the first Lok Sabha, then known as the House of People, and was constituted following General Elections in 1952. Lok Sabha, the Hindi nomenclature was adopted on 14 May, 1954.

Rajya Sabha

The origin of Rajya Sabha can be traced back to 1919, when in pursuance to the Government of India Act, 1919, a second chamber known as the Council of States was created. This Council of States, comprising of mostly nominated members was a deformed version of second chamber without reflecting true federal features. The Council continued to function till India became independent. The Rajya Sabha, its Hindi nomenclature was adopted in 23 August, 1954.

The Parliament of India

  • The Parliament of India is the supreme legislative body in India.
  • The Parliament of India founded in 1919.
  • The Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India.

The Comptroller & Auditor General of India

  • The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution of India under Chapter V, who audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government.

The Attorney-General of India

  • The Attorney General is the first law officer of the government of India.
  • He is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court.

The Union council of Ministers

  • The Cabinet of India (officially called the Union Council of Ministers of India ) is the collective decision-making body of the Government of India.
  • The Union council consists of the Prime Minister and 35 Cabinet Ministers, the most senior of the government ministers. The Cabinet is the ultimate decision-making body of the executive within the Westminster system of government in traditional constitutional theory.

The Vice President

The Vice President of India is the second-highest office in India, after the President. The Vice President is elected indirectly by an electoral college consisting members of both houses of the Parliament. The Vice President would ascend to the Presidency upon the death, resignation, impeachment, or other situations leading to the vacancy in the Office of President. The normal function of the Vice President is to serve as the Chairman of the Rajya Sabha.

List of Presidents of India since 1950


Presidents of India
Birth/death
Tenure
Dr.Rajendra Prasad
1884-1963
01/26/50
Sarvepalli Radhakrishnan
1888-1975
05/13/62
Zakir Hussain
1897-1969
05/13/67

The Powers and Functions of the President of India

Executive Powers - Article 53- All executive powers of the Union are vested in him. These powers are exercised by him either directly or through subordinate officers in accordance with the Constitution. The Supreme Command of the Defence Force is vested on the President and the exercises it in accordance with law.

Executive of the Union

  • Executive power of the Union is vested in the President, and is exercised by him / her either directly or through officers subordinates to President in accordance with the Constitution of India.
  • The President is also the Supreme commander of defence forces of the Indian Union.
  • The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any time, except when both Houses of Parliament are in session, makes recommendations for introducing financial and bills and gives assent to bills, grants pardons, reprieves, respites or remission of punishment or suspends, and remits or commutes sentences in certain cases.

Procedure for amending the constitution

The procedure of amending the constitution is given in Article 368. It says that the parliament can amend the constitution under its constituent power. A bill must be presented in either house of the parliament and must be approved by a majority of each houses and not less than 2/3 majority of each house present and voting.

Fundamental Duties

By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated. Article 51 ‘A’ contained in Part IV A of the Constitution deals with Fundamental Duties. These enjoinupon a citizen among other things, to abide by the Constitution, to cherish and follow noble ideals which inspired our national struggle for freedom, to defend the country and render national service when called upon to do so and to promote harmony and spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities.
The Most Important Ten Fundamental Duties of Citizens in accordance with the constitution of India are listed below-
  • Respect the Constitution, the national flag and the national anthem;
  • Cherish the noble ideals of the freedom struggle;
  • Uphold and project the sovereignty, unity and integrity of India;

Directive Principles of State Policy

The constitution laid down certain guidelines in the Constitution to be followed by the governments while administering the state. These guidelines are contained in Section IV of the Constitution and are known as the Directive Principles of State Policy.

Fundamental Rights

The Fundamental Rights in Indian constitution acts as a guarantee that all Indian citizens can and will live their lifes in peace as long as they live in Indian democracy. They include individual rigts common to most liberal democracies, such as equality before the law, freddom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil right.

Citizenship

The Indian Constitution, which came into force on 26th January 1950 provides for single citizenship for the entire country. Matters concerning Indian citizenship are contained in Articles 5 to 11 in Part II of the constitution of India.

New States in India after 1950

Andhra Pradesh - Created by the State of Andhra Pradesh Act 1953 by carving our some areas from the State of Chennai.

Gujarat and Maharashtra - The State of Bombay was divided into two States i.e. Maharashtra and Gujarat by the Mumbai (Reorganisation) Act 1960.

The Union and Its Territories

  • Article 1 of the Constitution describes India as a Union of States.
  • The expression ‘Union of India’ should be distinguished from the expression ‘ Territory of India’.
  • The ‘Union’ includes only the states which enjoy the status of being members of the federal system and share a distribution of power with the Union , the term ‘territory of India’ includes the entire territory over which the sovereignty of India, for the time being extends. viz. (1) Union Territories and (2) such other territories as may be acquired by  India.

The Preamble of the Constitution of India

The Preamble of the Constitution of India read as follows-

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:

The Federal and Unitary Features of Indian Constitution

Federal Features of Indian Constitution


Supremacy of the Constitution: The constitution is supreme. Both, the Union and the State Governments, shall work within the limits set by the Constitution and both the union government and the central government derive their powers from the constitution.

Written Constitution: The Constitution of India is a written constitution; it is the most elaborate Constitution of the world.

The Key Features of Indian Constitution

The long experience of authoritarian rule under the colonial state convinced Indians that free India should be a democracy in which everyone should be treated equally and be allowed to participate in government. Here are provided the key features of the Indian Constitution.

Some Important Amendments of the Constitution of India

The 1st Constitutional Amendment Act, 1951
In June 1951, the 1st Constitutional Amendment Act was passed, and the following Amendment in the Constitution were added: (i) To Article 15, a new clause (4) was added: (ii) changes were made in clauses (2) and (6) of Article 19; (iii) After Article 31, Article 31A and 31B were added; (iv) For Original Article 85, a new Article was substituted; (v) In Article 87, clauses (1) and (2) were restructured; (vi) For the Original Article 174, a new Article was substituted; (vii) In Article 176, clauses (1) and (2) were restructured: (viii) Clause (1) of Article 341 was restructured; and similarly, clause (1) of Article 342, sub-clause (a) of Article 342, sub clause (a) of clause (3) of Article 372, and clause (1) of Article 376 were also restructured; (ix) After the Eight Schedule to the Constitution a Ninth Schedule was added and thirteen laws passed by the State Legislatures were included in it so that those Acts might not be challenged in courts.

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