UNIT 3

PRESIDENT of INDIA – Election & Power:

ARTICLE 52: THE PRESIDENT OF INDIA

There shall be a President of India.

ARTICLE 53: EXECUTIVE POWER OF THE UNION

(1) The executive power of the Union shall be vested in the President and shall
be exercised by him either directly or through officers subordinate to him by
this Constitution.

(2) Without prejudice to the generality of the foregoing provision, the supreme
command of the Defence Forces of the Union Shall be vested in the President
and the exercise thereof shall be regulated by law.

(3) Nothing in this article shall –

(a) be deemed to transfer to the President any functions conferred by any
existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other
than the President.

ARTICLE 54: ELECTION OF PRESIDENT

The President shall be elected by the members of an electoral college consisting
of –

(a) the elected members of both Houses of Parliament; and

(b) the elected members of the Legislative Assemblies of the States.
Explanation: In this article and article 55, “State” includes the National Capital
Territory of Delhi and the Union territory of Pondicherry.

ARTICLE 55: MANNER OF ELECTION OF PRESIDENT

(1) As far as practicable, there shall be uniformity in the scale of representation
of the different States at the election of the President.

(2) For the purpose of securing such uniformity among the States inter se as
well as parity between the States as a whole and the Union, the number of votes

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to which each elected member of Parliament and the Legislative Assembly of
each state is entitled to cast at such election shall be determined in the following
manner; –

(a) every elected member of the Legislative Assembly of a State shall have as
many votes as there are multiples of one thousand in the quotient obtained by
dividing the population of the State by the total number of the elected members
of the Assembly;

(b) if, after taking the said multiples of one thousand, the remainder is not less
than five hundred, then the vote of each member referred to in sub-clause (a)
shall be further increased by one;

(c) each elected member of either House of Parliament shall have such number
of votes as may be obtained by dividing the total number of votes assigned to
the members of the Legislative Assemblies of the States under sub-clauses (a)
and (b) by the total number of the elected members of both Houses of
Parliament, fractions exceeding one-half being counted as one and other
fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of
proportional representation using the single transferable vote and the voting at
such election shall be by secret ballot.

Explanation: In this article, 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 Explanation 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 2000
have been published, be construed as a reference to the 1971 census.

ARTICLE 56: TERM OF OFFICE OF PRESIDENT

(1) The President shall hold office for a term of five years from the date on
which he enters upon his office:

Provided that –

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(a) the President may, by writing under his hand addressed to the Vice-
President, resign his office;

(b) the President may, for violation of the Constitution, be removed from office
by impeachment in the manner provided in Article 61.

(c) the President shall, notwithstanding the expiration of his term, continue to
hold office until his successor enters upon his office.

(2) Any resignation addressed to the Vice-President under clause (a) of the
proviso to clause (1) shall forthwith be communicated by him to the Speaker of
the House of the People.

ARTICLE 57: ELIGIBILITY FOR RE-ELECTION

A person who holds, or who has held, office as President shall, subject to the
other provisions of this Constitution be eligible for re-election to that office.

ARTICLE 58: QUALIFICATIONS FOR ELECTION AS PRESIDENT

(1) No person shall be eligible for election as President unless he –

(a) is a citizen of India;

(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.

(2) A person shall not be eligible for election as President if he holds 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
Governments.

Explanation: For this article, a person shall not be deemed to hold any office of
profit by reason only that he is the President or Vice-President of the Union or
the Governor of any State or is a Minister either for the Union or for any State.

ARTICLE 59: CONDITIONS OF PRESIDENT’S OFFICE

(1) The President shall not be a member of either House of Parliament or a
House of the Legislature of any State, and if a member of either House of
Parliament or a House of the Legislature of any State is elected President, he

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shall be deemed to have vacated his seat in that House on the date on which he
enters upon his office as President.

(2) The President shall not hold any other office of profit.

(3) The President shall be entitled without payment of rent to the use of his
official residences and shall be also entitled to such emoluments, allowances,
and privileges as may be determined by Parliament by law and until provision
in that behalf is so made, such emoluments, allowances, and privileges as are
specified in the Second Schedule.

(4) The emoluments and allowances of the President shall not be diminished
during his term of office.

ARTICLE 60: OATH OR AFFIRMATION BY THE PRESIDENT

Every President and every person acting as President or discharging the
functions of the President shall, before entering upon his office, make and
subscribe in the presence of the Chief Justice of India or, in his absence, the
senior most Judge of the Supreme Court available, an oath or affirmation in the
following form, that is to say – “I, A.B., do swear in the name of God /
solemnly affirm that I will faithfully execute the office of President (or
discharge the function of the President) of India and will to the best of my
ability preserve, protect and defend the Constitution and the law and that I will
devote myself to the service and well-being of the people of India.”

ARTICLE 61: PROCEDURE FOR IMPEACHMENT OF THE

PRESIDENT
(1) When a President is to be impeached for violation of the Constitution, the
charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless –

(a) the proposal to prefer such charge is contained in a resolution which has
been moved after at least fourteen days’ notice in writing signed by not less than
one-fourth of the total number of members of the House has been given of their
intention to move the resolution, and

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(b) such a resolution has been passed by a majority of not less than two-thirds of
the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the
other House shall investigate the charge or cause the charge to be investigated
and the President shall have the right to appear and to be represented at such
investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not

less than two-thirds of the total membership of the House by which the charge
was investigated or caused to be investigated, declaring that the charge
preferred against the President has been sustained, such resolution shall have the
effect of removing the President from his office as from the date on which the
resolution is so passed.

ARTICLE 62: TIME OF HOLDING ELECTION TO FILL A VACANCY

IN THE OFFICE OF PRESIDENT AND THE TERM OF OFFICE OR
PERSON ELECTED TO FILL A CASUAL VACANCY
(1) An election to fill a vacancy caused by the expiration of the term of office of
President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of President occurring because of

his death, resignation or removal, or otherwise shall be held as soon as possible
after, and in no case later than six months from, the date of occurrence of the
vacancy; and the person elected to fill the vacancy shall, subject to the
provisions of article 56, be entitled to hold office for the full term of five years
from the date on which he enters upon his office.

The powers of the Indian President can be broadly classified under 8

headings. They are :

1. Legislative
2. Executive or Appointment powers
3. Judicial powers
4. Financial powers
5. Diplomatic powers
6. Military powers
7. Pardoning Powers
8. Emergency powers

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There are articles outside Chapter 1 of Part V relating to the powers of the
President of India like Article 72 and Articles 352-360.

1. Executive Powers:
• All the business shall be in his name.
• All the International Treaties are signed in his name subject to ratification
by Parliament.
• Allocates business among ministers on the advice of the Prime Minister.
• The President of India is to be informed on affairs of the Union and
proposed legislative power.
• The Prime Minister and Council of Ministers are appointed by the
President.

2. Legislative Powers

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 Summoning, Prorogation, sending messages with respect to the bills to both
houses, calling joint session, in case of abrupt vacancy in case of the office of
the speaker or deputy speaker the president will make a temporary arrangement,
dissolves Lok Sabha, gives assent to the bill, Ordinance lay before both the
houses- the report of the Union Public Service Commission, Annual Financial
Statement, Comptroller and auditor general if India Finance Commission and
other constitutional and statutory bodies. He gives permission for the
introduction of money bills.

3. Financial Powers
• Only with the prior recommendation of the president, a money bill can be
introduced in Parliament.
• The Annual Financial Statement which is the Union budget is laid before
the Parliament by the President.
• To recommend the distribution of the revenues between the Centre and
States, he constitutes a Finance Commission after every 5 years.

4. Diplomatic Powers
• The President represents India in International Forums.
• Negotiations and conclusions of the International Treaties and
Agreements are done on the behalf of the president.

5. Military Powers
• He appoints the chiefs of the Army, the Navy, and the Air Force.
• He is the supreme commander in chief of the defence forces of India.
• He can declare war or conclude peace, subject to the approval of the
parliament.
•
6. Emergency Powers
President has extraordinary power with the following three types of emergency
a) National Emergency under Article 352.
b) President Rules under Articles 356 and 365 on the basis of the report of
Governor or otherwise.
c) Financial Emergency under Article 360

7. Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are
on him
2. He takes advice from the Supreme Court, however, the advice is not
binding on him

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 3. He has pardoning power: Under article 72, he has been conferred with
power to grant pardon against punishment for an offence against union
law, punishment by a martial court, or death sentence.
4. Pardon with the grant of pardon convicts both conviction and sentence
completely absolved
5. Commutation with this nature of the punishment of the convict can be
changed
6. Remission reduces the term of the imprisonment
7. Respite awards lesser punishment than original punishment by looking at
the special condition of a convict
8. Reprieve stays the execution of the awarded sentence for a temporary
period

CONCLUSION

 Thus, the President of India, as described by Dr. BR. Ambedkar in the

Constituent Assembly, occupies the same position as the King or Queen
under the English Constitution. He is head of the State but not the
Executive. He represents the nation but does not rule the nation. He is the
symbol of the nation.

 His place in the governance of the country is more or less a ceremonial

device or a seal by which nations' decisions are made known.

*****
Prime Minister and Council of Minister:
Prime Minister of India is the head of the government of India. Article 75
says that the Prime Minister shall be appointed by the president. The Prime
Minister can be a representative of either of the two houses in the Indian
Parliament, According to the norms of the parliamentary form of government,
the President must designate the leader of the majority party in the Lok Sabha as
Prime Minister. Constitutionally, the Prime Minister may be a member of any of
the two Houses of parliament.

Tenure

• The full term of the office of Prime Minister is 5 years but they can hold their
office only if they enjoy the majority in the Parliament and the term can end

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sooner if loses the vote of confidence in the Lok Sabha. Once they lose their
majority, the period of holding their office also comes to an end.

Qualifications

• Must be a citizen of India.

• Must be the member of either of the Houses of the Parliament i.e The Lok
Sabha and The Rajya Sabha.

• Should complete 25 years of age if he is a member of the Lok Sabha and

30 years of age if he is a member of the Rajya Sabha.

Powers and Functions of the Indian Prime Minister

Power And Functions Of The Prime Minister
With Respect to the Council of Minister

 The PM recommends a person to the President for appointment as

ministers.

 Portfolio allocation: The Prime Minister has the ability to appoint

Ministers to portfolios.
 Chairman of the Cabinet: The Prime Minister presides over Cabinet
sessions as the chairman of the Cabinet.
 If there is a significant difference of opinion among the members, he has
the authority to enforce his judgment.
 The PM can ask for the resignation of any minister.
 He guides, directs, controls and coordinates the activities of all the
ministers.
 If the PM resigned from his office the Council of Ministers also
collapsed.
 Representative: The Prime Minister is the country's official
representative at high-level international gatherings.
In relation with the President
 Chief Advisor: The PM acts as a principal channel of communication
between the President and Council of Ministers.
 He serves as the President's chief advisor.
 The PM has to communicate the decision of the Council of Ministers
relating to administration of affairs of the Union and proposal for
legislation to the President.
 The PM advises the President regarding appointment of the various
important officials like Attorney General, CAG, Chairman and member
of the UPSC, Chairman and member of the Finance Commision and so
on.

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With Respect to the Parliament
 The Prime Minister is the leader of the lower house.
 The PM can recommend the President about the prorogued and
summoning the sessions of the Parliament.
 The PM can recommend the dissolution of the Lok Sabha at any time to
the President.
 The PM announces the government policies on the floor of the houses.

Some other functions and powers of the PM

 The PM is the chairman of Niti Aayog, NDC, National Integration
Council, National Water Resource Council and Inter-state council.
 The PM also acts as chief spokesman of the Union government.

Conclusion
The Prime Minister of India is the leader of the national government's executive
branch. He is the presiding member of the federal cabinet's Council of
Ministers. The prime minister is in charge of appointing and dismissing cabinet
members. The prime minister is also in charge of appointing members of the
cabinet to positions.

*****
COUNCIL OF MINISTERS
Constitutional Provisions
Article 74: Council of Ministers to aid and advice President-
 Clause (1) there shall be a Council of Ministers with the Prime Minister
at the head to aid and advise the President who shall, in the exercise of his
functions, act in accordance with such advice:
 Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the President
shall act in accordance with the advice tendered after such
reconsideration.
 Clause (2) the question whether any and if so what, advice was tendered
by Ministers to the President shall not be inquired into in any court.
 Article 75(1) of the Constitution says that “the Prime Minister shall be
appointed by the President and the other Ministers shall be appointed by
the President on the advice of the Prime Minister.”

Other provisions
Other Provisions Of Article 75 Are As Follows

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  The total number of Ministers, including the Prime Minister, in the
Council of Ministers shall not exceed 15% of the total number of
members of the House of the People.
 The ministers hold office during the pleasure of the President.
 The Council of Ministers is collectively responsible to the House of the
People.
 Before a minister takes over his office, the President administers to him
the oath of office and secrecy according to the forms set out for the
purpose in the third Schedule.
 The salaries and allowances of ministers are such as the Parliament
may from time to time determined by law and, until Parliament so
determines, shall be as specified in the Second Schedule.

A member of either House of the Parliament belonging to any political party is

disqualified for being a member of that house under the 10th Schedule shall also
be disqualified to be appointed as a minister under clause (1) for the duration of
the period commencing from the date of his disqualification till the date on
which the term of his office as such member would expire or where the contests
any election to either House of Parliament before the expiry of such period, till
the date on which he is declared elected, whichever is earlier.
 A minister who for any period of six consecutive months is not a member
of either House of the Parliament shall at the expiration of that period
ceases to be a Minister.

Formation Of Council Of Ministers

 The process of formation of the Council of Ministers begins with the
appointment of the Prime Minister by the President.
 While appointing the Prime Minister, the President will have little
opportunity to exercise his own discretion. He will have to be the
leader of the party which secures a majority in the Lok Sabha.
 Only when none of the parties represented in the Lok Sabha commands a
clear majority, the President may have some discretion within the bounds
of conventions.
 The section of other Ministers, in practice, is entirely the discretion of the
Prime Minister. The President has to simply accept the
recommendations of the Prime Minister.
 The Prime Minister selects other Ministers. The President has to accept
the team chosen by him.

Types of Ministers
The Indian Constitution does not categorize ministers into ranks, however, in
practice seen in India, ministers are of four types:

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 a. Cabinet Ministers—He is present and he participates in every
meeting of the Cabinet.
b. Minister of State with independent charge—He is a Minister of
State who does not work under a Cabinet Minister. When any
matter concerning his Department is on the agenda of the Cabinet,
he is invited to attend the meeting.

c. Minister of State—He is a Minister who does not have

independent charge of any Department and works under a Cabinet
Minister. The work to such Minister is allotted by his Cabinet
Minister.
d. Deputy Minister—He is a Minister who works under a Cabinet
Minister or a Minister of State with independent charge. His work
is allotted by the Minister under whom he is working.

Qualification Of Council Of Minister

 Minister must be a member of either House of Parliament.

 If a person who is not a member of either House of the Parliament is

appointed as a Minister, he shall cease to be a minister after six months
unless in the meanwhile Minister has to get himself/herself elected to
either House of Parliament within six months.

Disqualification

Disqualification Of Council Of Minister Due To Defection

Also, if a member of Parliament has been disqualified on the ground of
defection, he would not be eligible to become a Minister. But if he again gets
elected in the next freshly held Parliamentary election then he will be eligible to
become a minister.

Participation in proceedings
Participation Of Council Of Minister In Parliamentary Proceeding
 The Ministers may be chosen from members of either House.

 A Minister who is a member of one House has a right to speak in and to

take part in the proceedings of the other House though he has no
right to vote in the house of which he is not a member.

Salary Of Council Of Minister

The constitution declares that The salaries and allowances of ministers are such
as the Parliament may from time to time determined by law. As a result of a law
established by Parliament in 1985, each minister is entitled to the same pay and
allowances as a member of Parliament.

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Strength Of Council Of Ministers
 Its size and classification are not mentioned in the Constitution.
 Its size is determined by the Prime Minister according to the
exigencies of the time and requirements of the situation.
 But as per 91st Constitutional Amendment Act, 2003, it should not
exceed 15% of the total strength of the Lok Sabha.

Term Of Office Of Council Of Ministers

 Ministers are appointed by the President and remain at his pleasure.
It only signifies something if they continue to have the support of the Lok
Sabha's majority. Any minister can be asked to resign by the Prime
Minister at any moment, and the latter must obey.
 The Prime Minister has the authority to suggest the dismissal of any
minister to the President, and the President always follows his advice.
When the Prime Minister resigns, the whole Council of Ministers resigns
with him.
 As a result, the ministry's or a minister's tenure is not fixed. A
ministry/each minister continues in office for as long as the majority in
the Lok Sabha has confidence in it, or as long as the Prime Minister does
not quit.
 The maximum duration for which a minister can be in office is five
years or one complete Lok Sabha term.
 Even if the same party that won a majority in the previous Lok Sabha
returns with a majority in the next Lok Sabha, a new cabinet must be
formed after each new general election to the Lok Sabha.

Power Of Council Of Ministers

Executive Power
 The Council of Ministers exercises all of the President of India's
executive functions.
 The Cabinet develops the policies that will be presented to Parliament for
approval. It obtains Parliamentary approval for these measures and then
implements them. It manages the Union's administration in accordance
with authorized policies. All government departments are coordinated
and controlled by the Cabinet/Prime Minister. The Cabinet is in charge of
formulating foreign policy as well as all domestic policies deemed
important for the country's overall development.

 The Council of Ministers is collectively responsible to the Lok Sabha

for all of its policies and decisions. Any failure on any front could lead
to the ministry's demise.

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Emergency Power
 The President always acts on the recommendation of the Prime
Minister and his Council of Ministers when he exercises Emergency
Powers.
 Only with the Cabinet's approval may the President declare an
emergency. In accordance with the Prime Minister's and his Council of
Ministers' advice, he takes all necessary steps to address the emergency.

Legislative Power
 Despite the fact that the Union's legislative powers are in the hands of
Parliament, the Council of Ministers plays an essential role in the
legislative process. Ministers are members of the Parliament as well as
heads of government ministries. They participate fully and actively in the
legislative process.
 They are the ones who introduce and pilot the majority of the bills. The
Parliament spends 95 percent of its time dealing with governmental
business, which is overseen by ministers. Because the ministry has the
backing of the majority in Parliament, a measure that is not backed by the
Council of Ministers cannot be passed.
 If the Lok Sabha passes a bill that the Council of Ministers does not
support or rejects a bill that the Council of Ministers supports, or rejects
the Cabinet's budget, it is considered a vote of no confidence in the
government, and the whole Council of Ministers resigns. While doing so,
the Prime Minister/Cabinet might recommend to the President that the
Lok Sabha be dissolved.
*****
RAJYA SABHA – Composition and Powers:
Introduction
Rajya Sabha is the Upper House of Parliament, representing the Indian Union's
states and union territories. It is sometimes referred to as the Second Chamber
or the House of Elders. The Rajya Sabha is known as the

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Parliament's permanent House since it is never totally dissolved. The Indian
Constitution's Fourth Schedule addresses the allotment of Rajya Sabha seats to
states and union territories.

Rajya Sabha - Historical Background

 The Rajya Sabha came into being on April 3, 1952 and held its first
session on May 13 the same year.
 The central legislature that came into being under the Government of
India Act, 1919 was bicameral.
 Under 1919 Act, Council of States had 60 members and Legislative
Assembly had 145 members.
 The membership and voting norms for the Council of States were
restrictive.
 These restrictions meant only wealthy landowners, merchants and those
with legislative experience could enter it.
 Women could neither vote nor seek membership.
 The Government of India Act, 1935 proposed an elaborate and improved
version of the second chamber, but this never materialised.
 The Constituent Assembly, which was formed in 1947, after adoption of
the Constitution became the Provisional Parliament and made laws till
1952.

Composition of the Rajya Sabha

 The Rajya Sabha can have utmost 250 members, of which 238 members
are indirectly elected representatives of the state and union territory, and
12 are president nominated individuals who excel in the areas of arts,
sciences, literature, and social services.
 The vice-president of India serves as the ex-officio chairman of the Rajya
Sabha and presides over its sessions.
 The Deputy Chairman of the Rajya Sabha, chosen by the House’s
members from among themselves, presides over the sittings in the
absence of the Vice-President.

Composition of the Rajya Sabha

Maximum 250 238 – representatives of the

Strength states and UTs
12 – President nominated
individuals
Actual Strength 245 233 – representatives of the
states and UTs
12 – President nominated

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 individuals

Qualifications - Eligibility for Becoming Rajya Sabha Members :

Article 84 of the Constitution lays down the qualifications for membership of
Parliament. A person to be qualified for the membership of the Rajya Sabha
should possess the following qualifications:
 He must be a citizen of India and make and subscribe 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 to the Constitution;
 He must be not less than 30 years of age;
 He must possess such other qualifications as may be prescribed on that
behalf by or under any law made by Parliament.

Disqualifications of Rajya Sabha members :

On Constitutional Grounds:
• If she/he holds any office of profit under the Union or state government
(except that of a minister or any other office exempted by Parliament).
• If she/he is of unsound mind and stands so declared by a court.
• If she/he is an undischarged insolvent.
• If she/he is not (or not anymore) a citizen of India.
• If she/he is disqualified under any law made by Parliament.

On Statutory Grounds (Representation of People Act, 1951):

• Found guilty of certain election offences/corrupt practices in the
elections.

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 • Convicted for any offence resulting in imprisonment for two or more
years (detention under a preventive detention law is not a
disqualification).
• Has been dismissed from government service for corruption or disloyalty
to the State.
• Convicted for promoting enmity between different groups or for the
offence of bribery.
• Punished for preaching and practising social crimes such as
untouchability, dowry and sati.

Salary and Allowances

 Every member of the Rajya Sabha gets a monthly salary as well as a

constituency allowance. In addition, they get many other benefits like free
accommodation, water, electricity, telephone and travel facilities. On
retirement, the members of Rajya Sabha are entitled to a monthly pension
also.

Officials of Rajya Sabha

Rajya Sabha: The Vice-President of India is the ex-officio Chairman of the

Rajya Sabha. She/He presides over the meetings of Rajya Sabha.

In his absence the Deputy Chairman (elected by its members from amongst
themselves) presides over the meeting of the House.

Powers of Rajya Sabha

Legislative Powers

An ordinary bill may be presented in the Rajya Sabha, but it must be passed by
that house for it to become a law. The President can call for a joint meeting of
the two Houses to settle a standoff between the two Houses of Parliament over
an ordinary bill if it hasn’t been settled for six months.

Executive Powers

The Rajya Sabha’s members can have some control over the ministers even
though they are unable to expel them from their positions by criticizing their

17
policies, raising questions, and initiating adjournment motions. A few of the
ministers are also taken from the Rajya Sabha. The Prime Minister might also
come from the Rajya Sabha, if the majority party in the Lok Sabha chooses or
adopts him as its leader.

Amendment Powers
With a two – thirds majority in each House, the Rajya Sabha and Lok Sabha can
modify the constitution jointly.

Electoral Powers
The President and Vice-President of India are chosen by the elected members of
the Rajya Sabha, the elected members of the Lok Sabha, and all of the State
Legislative Assemblies collectively. The Rajya Sabha’s members also choose a
deputy chairman from among themselves.

Judicial Powers

• The Rajya Sabha, working together with the Lok Sabha, has the authority
to suspend the President for alleged constitutional violations.

• The Rajya Sabha may also adopt a special resolution to call for the
dismissal of a Supreme Court or a High Court judge.

• The Rajya Sabha is the only place where the Vice President can be
charged with wrongdoing.

 The Rajya Sabha has the authority to adopt a resolution calling for the
dismissal of certain senior officials, including the Chief Election
Commissioner, Comptroller and Auditor General, and Attorney General
of India.

Two Special Powers of Rajya Sabha.

(i) The Power to declare a subject of State List as a subject of National
Importance:
The Rajya Sabha can pass a resolution by 2/3rd majority of its members for
declaring a State List subject as a subject of national importance. Such a
resolution empowers the Union Parliament to legislate on such a state subject
for a period of one year. Such resolutions can be repeatedly passed by the Rajya
Sabha.

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(ii) Power in respect of Creation or Abolition of an All India Service:
The Rajya Sabha has the power to create one or more new All India Services. It
can do so by passing a resolution supported by 2/3rd majority on the plea of
national interest. In a similar way, the Rajya Sabha can disband an existing All
India Service.

Functions of the Rajya sabha

S.no Functions Description
.
1 Legislative
functions o Even though, It is the principal law making body of
the country, its role is limited.
o The task for drafting a bill is done by the
bureaucracy along with the supervision of ministers.

2 Ensure
accountability o It checks the authority of the executive and is
and control of accountable to the people.
Executive
3 Financial
function o It controls tax and the usage of money by the
government.
o It allocates financial resources to the government
through budgets and financial statements.

4 Representative
function o It is responsible for representation of the diverse
views of different members belonging to different
social backgrounds and different parts of the country.

5 Debating
function o It carries out the democratic discussions on
different matters in the parliament.
o The representatives are free to speak and debate on
any matter without any limits.

6 Constituent
function o It has the power and role to amend constitutional
provisions as and when required by receiving
approval through a special majority of both the
houses.

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 7 Electoral
function o It elects the President and the Vice President of
India through Single Transferable Vote system.

8 Judicial
function o It is responsible for judicial functions when
considering the proposals for the removal of the
president, vice president and the judges of supreme
court and high court.

Conclusion
The Upper House of the Indian Parliament is called Rajya Sabha. It can have a
maximum of 250 members (12 of which are nominated by the President of
India, based on their expertise in different subject areas like culture, arts,
science, literature, etc. The rest are elected by the states and UTs). It is a body
that works to safeguard the interests of states and ensures that the centre does
not overpower them; hence it is the arm that protects the country’s federalism.

*****
Lok Sabha – Composition and Powers:
Introduction
Lok Sabha is the lower house of the Parliament. It is known as the House of the
People. The members of the Lok Sabha are elected through voting, where all
citizens above the age of 18 years can vote for their person of choice. The
members represent their constituencies. They can hold their seats for five years
or until the president dissolves the body. The President can only dissolve the
house upon the advice of ministers. The house conducts its meetings in the Lok
Sabha Chambers of the Sansad Bhavan located in New Delhi.

The current term of Lok Sabha was elected in May and is still running.
Currently, Lok Sabha has 542 seats. The representatives can hold their seats for
five years

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from the first meeting or until it dissolves. In case of emergency, the duration of
the Lok Sabha can be extended by law.

Lok Sabha - Historical Background

The Lok Sabha (House of the People) was duly constituted for the first time on
17 April 1952 after the first General Elections were held from 25 October 1951
to 21 February 1952.
Composition of Lok Sabha
Maximum Strength – 552 530 represent the States
20 are the representatives of Union Territories
2 are nominated from the President from Anglo-
Indian Community
Current Strength – 542 530 represent the States
20 represent Union Territories
2 are nominated from the President from Anglo-
Indian Community

Composition of Lok Sabha

Note: After coming into effect of The Constitution (One Hundred and Fourth
Amendment) Act, 2019, the provision of special representation of the Anglo-
Indian community in the House of the People by nomination has not been
extended further.

Qualifications of Lok Sabha Members

What Are The Grounds Of Disqualifications For The Members Of Lok Sabha?
Article 102 of the Constitution lays down that a person shall be disqualified
for being chosen as, and for being, a member of either House of Parliament –

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  If he holds any office of profit under the Government of India or the
Government of any State, other than an office declared by Parliament by
law not to disqualify its holder;
 If he is of unsound mind and stands so declared by a competent court;
 If he is an undischarged insolvent;
 If he is not a 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.

The Parliament has laid down the following additional disqualifications in

the Representation of People Act (1951):
 He must not have been found guilty of certain election offenses or corrupt
practices in the elections.
 He must not have been convicted for any offense resulting in
imprisonment for two or more years. But, the detention of a person under
a preventive detention law is not a disqualification.
 He must not have failed to lodge an account of his election expenses
within the time.
 He must not have any interest in government contracts, works, or
services.
 He must not be a director or managing agent nor hold an office of profit
in a corporation in which the government has at least 25 percent share.
 He must not have been dismissed from government service for corruption
or disloyalty to the State.
 He must not have been convicted for promoting enmity between different
groups or for the offense of bribery.

Tenure
Lok Sabha: The normal term of Lok Sabha is five years. But the President, on
the advice of the Council of Ministers, may dissolve it before the expiry
offiveyears.

In the case of national emergency, its term can be extended for one year at a
time. But it will not exceed six months after the emergency is over.

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Official- Lok Sabha:

The presiding officer of Lok Sabha is known as Speaker.

 She/He remains the Speaker even after Lok Sabha is dissolved till the
next House elects a new Speaker in her/his place.
 In the speaker’s absence, a Deputy Speaker (elected by the House)
presides over the meetings.

Lok Sabha Speaker is elected among the members of the Lok Sabha. The Lok
Sabha Speaker chairs the Lower house. In his absence, no proceedings can take
place in the house. First speaker of the Lok Sabha was Ganesh Vasudev
Mavalankar. He was in the chair from 1952 to 1956 and died in the office.
After his death, Ananthasayanam Ayyanagar became the Lok Sabha Speaker
and remained in the chair till 1957. The current Lok Sabha Speaker is Om
Birla.

The Powers of Lok Sabha

• Constitutional Powers – It has the authority to change the Constitution.

Despite the fact that a special majority in both houses of Parliament is
required for this, the Lok Sabha appears to have greater power than the
Rajya Sabha.

• Legislative Powers – It contributes to the creation of laws that govern the

country. The President’s ordinances must also be approved by the Lok
Sabha.

• Executive Powers – Through question hour, Zero hour, short discussion,

adjournment motions, and no-confidence motions, it exerts oversight over
the executive. The Lok Sabha has the authority to remove the Council of
Ministers.

• Financial Powers – No tax can be collected without the authority or

approval of the Lok Sabha.

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 • Judicial Powers – It has the authority to impeach the President if he or
she violates the Constitution. It has the authority to recommend the
removal of all Supreme Court and High Court judges (including the Chief
Justice), as well as other senior government officials.

Some Other Powers of Lok Sabha

The Lok Sabha and the Rajya Sabha jointly perform the following functions:
 Approval of the ordinances issued by the President [Article 123 (2)]

 Change of the boundaries of the states. State, creation of new states and
change in the name of any state. (Article 3)
 Changes the qualifications of the members of the Parliament and State
Legislatures as per RPA Act 1951
 Revising the salary and allowances of the members of Parliament.

 The setting up of the Joint Public Service Commission for two or more
states.
 Passing of a resolution for abolishing or creating the upper chamber of a
state legislature (Article 169)
 Approval of a Declaration of Emergency. (Article 352 and 356)

Functions of Lok Sabha

1. Legislative functions: The power of Loksabha extends to all subjects falling
under the Union list and the Concurrent. No bill can become a law without the
consent of Loksabha. The Loksabha has equal powers of law making with
Rajyasabha except on financial matters where the supremacy of Loksabha .

2. Financial functions: On financial matters, the supremacy of the Loksabha is

total and complete. It is expressly stated that Money bill can originate only in
the house of people. Regarding budget, Loksabha being a representative house
enjoys total authority. Loksabha’s position on financial matters is such that the
demands for grants are placed only before the Loksabha. 14 | P a g e

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3. Control over the executive: The Loksabha enjoys direct control over the
executive because; executive is directly responsible to the lower house and stays
in office as long as it enjoys the confidence of the house. The Loksabha not only
makes laws but also supervises the implementation. The lower house being a
debating house, the members are free to seek information from the executive
and raise questions and seek clarifications.

4. Constituent functions: The Loksabha shares equal powers in regard to

amending provisions of the constitution. An amendment may be initiated either
in the Rajyasabha or Loksabha and must be passed by a 2/3 majority in both the
houses present and voting. The agreement of Rajyasabha is compulsory for the
success of constitutional amendment.

5. Electoral functions: The Loksabha and Rajyasabha elect the highest

constitutional functionaries such as the President and the Vice-president. The
President is elected by the members of Loksabha and Rajyasabha along with the
members of Legislative Assemblies of the states. The Vice-president is elected
by members of Loksabha and Rajyasabha.

6. Judicial functions: The Loksabha acts as a judge in the impeachment of the

President. Either house can prefer the charge of impeachment. If Rajyasabha
prefers the charge, Loksabha investigates the charge and if it passes a resolution
by a 2/3 majority of the total membership of the house, President stands
impeached from the office.

Conclusion
Hence we can say that Lok Sabha holds a significant role in parliament
proceedings. The Lok Sabha has remained a vanguard for political and social
principles, a melting pot of cultural diversity, despite the ups and downs of
Indian politics. It is also a 15 | P a g e

flag-bearer for the sovereign, socialist, secular, democratic republic of India,

alongside the Rajya Sabha
Composition of Lok Sabha

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