Showing posts with label UPSC Exam. Show all posts
Showing posts with label UPSC Exam. Show all posts

Saturday, December 30, 2017

Chief Minister and the State Council of Ministers

  • The Chief Minister (CM) is the real executive head of the Government at the State level.
  • The position of Chief Minister at the State level is analogous to the position of the Prime Minister at the Center.
  • Chief Ministers are appointed by the Governor of the State. Other Ministers in the State Council are appointed by the Governor on the advice of the Chief Minister.

Powers and Functions of Governor of State

The Governor enjoys many different types of powers:

  • Executive powers related to administration, appointments and removals,
  • Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad,
  • Discretionary powers to be carried out according to the discretion of the Governor.

The Governor and Lieutenant-Governor

  • The Governors and Lieutenant-Governors of the states and territories of India have similar powers and functions at the state level as that of the President of India at Union level.
  • Governors exist in the states while Lieutenant-Governors exist in union territories and in the National Capital Territory of Delhi.

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.

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