Polity Notes New Rajat Sir

POLITY NOTES BY RAJAT SIR
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THE INDIAN CONSTITUTION
Introduction  Expression of Ideology: it reflects the

 Before 1947, India was divided into two main ideology and philosophy of a nation state.
entities - The British India which consisted of  Levels of Government: Constitution generally
11 provinces and the Princely states ruled by explains the levels of different organs of the
Indian princes under subsidiary alliance policy. Government i.e. federal, confederal or unitary
 The two entities merged together to form the  Organizational frame work: It defines the
Indian Union, but many of the legacy systems functions legislature, executive and judiciary,
in British India is followed even now. their inter-relationship, restrictions on their
 The historical underpinnings and evolution of authority etc.
the India Constitution can be traced to many  Amendment provision: As it would not be
regulations and acts passed before Indian possible to foretell all possibilities in future
Independence. with great degree of accuracy, there must be
sufficient provision for amendment of the
What is Constitution? constitution.
 Constitution is a legal document having a
special legal sanctity, which sets out the
framework and the principal functions of the
organs of the government of a state, and
declares the principles governing the
operation of those organs.
 Like every other Constitution, the Indian
Constitution also seeks to establish the
fundamental organs of government and
administration, lays down their structure,
composition, powers and principal functions,
defines the inter-relationship of one organ
with another, and regulates the relationship
between the citizen and the state, more
particularly the political relationship.
 The states have reasserted certain principles
of law through written Constitutions.
Functions of the Constitution:

The Constitution is a political structure, whether it
is written or not and followed or not. They have
several functions.
 Expression of Basic Law: Constitutions
present basic laws which could be modified or
replaced through a process called extra
ordinary procedure of amendment.

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THE PHILOSOPHY OF CONSTITUENT ASSEMBLY OF INDIA
THE PHILOSOPHY OF CONSTITUENT primacy to India being fully sovereign with the
ASSEMBLY OF INDIA supreme power of the State vesting in the
Philosophy means essentially the outlook that people and all the organs and functionaries of
is reflected in the functioning. The making of the Union and the States draw their power
Indian Constitution was entrusted with the only from the people of India.
Constituent Assembly of India. The b) Democratic Value: The philosophy that
Constituent Assembly was an ensemble of attracted most to the framers of Indian
some of the best political and legal minds at Constitution in the Constituent Assembly was
that time in India. All these important that of democracy and democratic value which
members had their own individual philosophy inter alia meant giving equal importance to
and tried to accommodate them in the the voice of all.
framing of Constitution of India. Therefore, c) Decision-making by Consensus: According
the principled position of democracy, to Granville Austin, the principle of consensus
secularism, socialism, equality, justice and had a general appeal in the Assembly; to the
freedom were woven into the fabric of Indian leadership an ethical and effective way of
Constitution as formulated in the Constituent reaching a lasting agreement and to the rank
Assembly of India. In forming the philosophical and file an indigenous institution that suited
base of the constitution along with other the framing of an Indian Constitution. The
members of the constituent Assembly, primary examples of decision making by
Jawaharlal Nehru, Dr. B.R. Ambedkars, Vallabh consensus were perhaps the federal and
bhai Patel played important roles language provisions.
d) Principle of Accommodation: India’s
Both Nehru and Patel are credited with original contribution to constitution making,
sketching the fundamentals of the according to Austin, was the principle of
Constitution. Granville Austin in the book The Accommodation – the ability to reconcile
Indian Constitution: Cornerstone of a apparently incompatible concepts. It has
Nation(1976) commented that “Patel was reconciled the federal and unitary system,
more interested in the Princely States, the membership of Commonwealth and republic
public services and the working of the Home status of the Government, provisions for
Ministry, and Nehru in Fundamental Rights, Panchayat Raj with the need for a strong
protection of minority rights, and social Central Government.
reform aspect of the Constitution.” e) Art of Selection and Modification: The
The following are the philosophical Constituent Assembly was not merely
underpinnings of the Constituent Assembly of imitative, the borrowing from different
India: political systems did not relieve the Assembly
a) Sovereignty: When the framers of the of choice and that the borrowed provisions
Constitution visualized the future polity for had to be adapted to suit Indian conditions.
India, they attached highest importance and One example of selection and modification,

according to Austin, is the method of a
constitutional amendment which made the
Constitution flexible while at the same time
protecting the rights of the States. They have
worked better than the amending process in
any other country where federalism and the
British Parliamentary System jointly form the
bases of the Constitution.
f) Fundamental Rights: Particularly because of
Vallabbhai Patel, the fundamental rights were
made justiciable in Indian Constitution and
became the modicum of the modern
democratic system of rights of citizens to
express themselves freely.
g) Secular State: The principle of secularism
seconded the principle of creating conditions
for the fullest exercise of rights by the citizens
of India. This principle of a secular state was
mainly architected by the predominantly
Congress section of the Constituent Assembly
which firmly believed that India should be a
secular state.
h) Socialism: It was principally Vallabbhai
Patel’s conservative influence that kept the
Constitution from having a greater socialist
content than it has.
(i) Reservation for the Minorities: Related to
the principle of accommodation, the
Constituent Assembly also had a philosophical
orientation to have a reservation for the
minorities of the society. Two women
members of the Constituent Assembly played
a key role in formulating this principle. Amrit
Kaur and Begum Aizaz Rasul promoted the
view that all minorities are an integral part of
India and needed safeguards in the form of
reservation.
j) Adult Franchise: The Constituent Assembly
plumbed for the adult franchise as a matter of
faith. Rajendra Prasad and Jawaharlal Nehru
were the key members guaranteeing adult
franchise for every citizen giving voting rights
to elect their representatives.
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PARLIAMENTARY FORM OF GOVERNMENT
Introduction:
 The Constitution of India provides for a Features of Parliamentary System
parliamentary form of government, both at the  Nominal and Real Head
Centre and in the states. Articles 74 and 75 deal  Majority Party Rule
with the parliamentary system at the Centre  Executive is a Part of Legislature
and Articles 163 and 164 in the states.  Collective Responsibility
 In a parliamentary system, the head of the  Prime Minister as the Centre of Power
state may be a monarch or a president, but  Political Homogeneity
both of these positions are ceremonial. The  A Parliamentary Opposition
head of the government, who is generally  Bicameral Legislature
called as the Prime Minister, is the real head.  Secrecy
Thus, all the real executive powers are vested  Double Membership
in the Prime Minister.  Independent Civil Service
 Dissolution of the Lower House
Presidential and Parliamentary Forms:
 In the presidential system, the three organs of Advantages of Parliamentary System
government are independent of one another.
 Harmony Between Legislature and Executive
There is an absence of a close relationship
 Represents Diverse Group
between the executive and the legislature. The
 Prevents Authoritarianism
United States of America has a presidential
 Responsible Government
form of government. But, in a parliamentary
• Prevents Despotism
form of government, there is a very close
relationship between the executive and the  Availability of Alternate Government
legislature. The United Kingdom has a
parliamentary form of government. In fact, the Disadvantages of Parliamentary System:
Constitution makers of India adopted the  Unstable Government
British model, as the system of government  Government by Amateurs
that operated in India before 1947 was to a  No Continuity of Policies
great extent quite similar to the British  Dictatorship of the Cabinet
parliamentary government. • Against Separation of Powers
 In India, we have a parliamentary form of
government both at the central and state level.
The Indian system reflects all the main features
of a parliamentary government:
 The close relationship between the legislature
and the executive,
 Responsibility of the executive to the
legislature,
 The executive having a Head of the State as the
nominal executive, and a Council of Ministers
headed by the Prime Minister as the real
executive.
 The parliamentary government is also called as
the Cabinet government due to concentration
of executive powers in the cabinet. Articles 74
and 75 deals with the parliamentary system at
the centre and Article 163 and article 164 deals
with the Parliamentary system at the states.
POLITY BY RAJAT SIR

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CONCEPT OF FEDERALISM PART 1 – FEDERALISM & PARLIAMENTARY FORM OF GOVERNMENT
FEDERALISM: system. Article l of the Indian Constitution
 Federalism is a system m of government in states, 'India, that is Bharat, shall be a union of
which powers have been divided between the states'. The word federation is not mentioned
centre and its constituent parts Such as states in the constitution.
or provinces.  Elements of federalism were introduced into
 It is an institutional mechanism to modern India by the Government of India Act
accommodate two sets of politics, one at the of 1919 which separated powers between the
centre or national level and second at the centre and the provincial legislatures.
regional or provincial level.
 In a federation system, there are two seats of FEDERAL FEATURES OF THE INDIAN UNION
power that are autonomous in their own  Governments at two levels - centre and states
spheres.  Division of powers between the centre and
 A federal system is different from a unitary states - there are three lists given in the
system in that sovereignty is constitutionally Seventh Schedule of the Constitution which
split between two territorial levels so that each gives the Subjects each level has jurisdiction in:
level can act independently of each other in  Union List
some areas.  State List
 Concurrent List
TYPES OF FEDERATIONS  Supremacy of the Constitution - the basic
 Holding Together Federation - in this type, structure of the constitution is indestructible as
powers are shared between various constituent laid out by the judiciary. The constitution is the
parts to accommodate the diversity in the supreme law in India.
whole entity. Here, Powers are generally tilted  Independent judiciary- the constitution
towards the central authority. Example: India, provides for an independent and integrated
Spain, Belgium. judiciary. The lover and district courts are at the
 Coming Together Federation -in this type, bottom levels, the high courts are at the state
Independent states come together to form a levels and at the topmost position is the
larger unit. Here, states enjoy more autonomy Supreme Court of India. All courts are
as compared to the holding together kind of subordinate to the Supreme Court.
federation. Example: USA, Australia,
Switzerland. STRENGTH OF INDIAN’S FEDERALISM
 Horizontal and vertical power sharing
FEATURES OF THE FEDERAL SYSTEM OF INDIA  Independent judiciary
 Governments at least two levels  Written constitution
 Division of powers between various levels • Supremacy of constitution
 Rigidity of constitution  Bicameralism
 Independence judiciary
 Dual citizenship CRITICAL APPRAISAL OF INDIAN FEDERALISM
 Bicameralism  Though, India has adopted federal form of
All federations might not have all the above government, but it does not follow certain
features. Some of them may be incorporated principles of federalism. Our constitution has
depending on what type of federation it is. made centre more powerful which is in
resemblance to the feature of unitary
FEDERALISM IN INDIA government. These features have been
 India is a federal system but with more tilt mentioned here:
towards a unitary system of government. It is  Not a rigid constitution
sometimes considered a quasi-federal system  Centre more powerful
as it has features of both a federal and a unitary
POLITY BY RAJAT SIR

 Unequal representation of states in Upper  Better Co-Ordination Between Legislature and
House Executive: The executive is a part of the
 Executive is a part of legislature legislature. As the government enjoys the
 Lok Sabha more powerful than Rajya Sabha support of majority of members in the lower
 Emergency Powers house, the tendency of disputes and conflicts
 Integrated judiciary decreases. It makes easy for the government to
 Single citizenship pass the legislation in the parliament and
 Appointment of governor implement them.
 All India Services  Prevents Authoritarianism: In a parliamentary
 States not indestructible system, the tendency of authoritarianism
 Veto over states bill decreases as the power is vested in the council
 Integrated Election Machinery of minister rather than a single individual. The
parliament can remove the government
 Integrated Audit Machinery
through no-confidence motion.
 Authority to remove key functionaries
 Responsible Government: The parliament can
check the activities of the executive as the
PARLIAMENTARY SYSTEM IN INDIA
latter is responsible to the former. In a
 The democratic system of government can be
presidential system, the president is not
divided into the parliamentary and the
responsible to the legislature. The members of
presidential system based on the relationship
the parliament can ask question, move
between the executive and the legislature. In a
resolutions, and discuss matters of public
parliamentary system, executive is a part of
importance to pressurize the government. Such
legislature, which implements the law and plays
provisions are not available in Presidential
an active role in framing it as well.
system.
 In a parliamentary system, the head of the
 Availability of Alternate Government: The lower
state may be a monarch or a president, but
house of the parliament can introduce and pass
both of these positions are ceremonial. The
a no-confidence motion. In Such a situation, the
head of the government, who is generally
head of the stațe invites the leader of the
called as the Prime Minister, is the real head.
opposition party to form the government. In
Thus, all the real executive powers are vested
the United Kingdom, the opposition forms a
in the Prime Minister.
shadow cabinet for the cabinet of the
 The parliamentary government is also called as
government, so that they can become ready for
the Cabinet government due to concentration
the role.
of executive powers in the cabinet. Articles 74
and 75 deals with the parliamentary system at
ELEMENTS AND FEATURES OF PARLIAMENTARY
the centre and Article l63 and article 164 deals
SYSTEM
with the Parliamentary system at the states.
 Nominal and Real Head
 Executive is a Part of Legislature
ADVANTAGES OF PARLIAMENTARY SYSTEM
 Majority Party Rule
 The parliamentary system has the following
advantages over the presidential system:  Collective Responsibility
 Represents Diverse Group: The parliamentary  Prime Minister as the Centre of Power
form of government provides opportunity to  A Parliamentary Opposition.
various ethnically, racially, linguistically and  Independent Civil Service
ideologically diverse groups to share their views  Bicameral Legislature
in framing of laws and policymaking. Countries,  Secrecy
such as India, which have high level of diversity
enables accommodation by providing political
space to various diverse sections of the society.
POLITY BY RAJAT SIR
CONCEPT OF FEDERALISM PART 3 – COOPERATIVE & COMPETITIVE FEDERALISM
INTRODUCTION  In Competitive federalism States need to
 Federalism is derived from the Latin world compete among themselves and also with the
foedus, which means agreement. Centre for benefits.
 In fact federation is an agreement between two  States compete with each other to attract
types of governments sharing power and funds and investment, which facilitates
controlling their respective spheres. efficiency in administration and enhances
 Thus a federation is a system of national and developmental activities.
local governments, combined under a common  The investors prefer more developed states for
sovereignty with both national as well as investing their money. Union government
federating units having autonomous spheres devolves funds to the states on the basis of
assigned to them by the constitution. usage of previously allocated funds.
 India opted for quasi-federal structure after  Healthy competition strives to improve physical
independence. The term federal" has not been and social infrastructure within the state.
mentioned in the constitution but the working  Competitive federalism is not part of the basic
of Indian democracy is essentially federal in structure of Indian constitution. It is the
structure. decision of executives.
 However, it is the practical working style of
federalism, which brought the concept of CONSTITUTIONAL POSITION
Cooperative federalism and Competitive  Article l of the Constitution states, "India, that
federalism in India. is Bharat, shall be a Union of States". While the
Constitution doesn't mention the term federal",
COOPERATIVE FEDERALISM it does provide for a governance structure
 In Cooperative federalism the Centre and states primarily federal in nature.
share a horizontal relationship, where they  It provides for separate governments at the
"cooperate" in the larger public interest. Union and in the states. Further, it specifies and
 It is an important tool to enable states' demarcates the powers, functions and
participation in the formulation and jurisdictions of the two governments. Lastly, it
implementation of national policies. details the legislative, administrative and
 Union and the states are constitutionally financial relations between the Union and the
obliged to cooperate with each other on the states.
matters specified in Schedule VII of the  The distribution of legislative powers has been
constitution. divided into three lists: the Union List, the State
List and the Concurrent List. The Union List,
COMPETITIVE FEDERALISM comprising the "vital interests of the State", is
 In Competitive federalism the relationship the longest.
between the Central and state governments is  On the Union List, Parliament has exclusive
vertical and between state governments is powers to legislate. While the state has
horizontal. exclusive powers to legislate on the State List,
 This idea of Competitive federalism gained in certain situations, Parliament can also do so.
significance in India post 1990s economic  As per the Concurrent List, the issue is more
reforms. complex.
 In a free-market economy, the endowments of  In case of a conflict between a state and a
states, available resource base and their Central legislation, the parliamentary legislation
comparative advantages all foster a spirit of shall prevail.
competition. Increasing globalization, however,  This, coupled with the fact that residuary
increased the existing inequalities and powers of legislation are vested in the Union,
imbalances between states. gives a "unitary" tilt to federalism in India.
POLITY BY RAJAT SIR
 A disconcerting trend has been observed since
l950. While the Union and Concurrent Lists
have expanded, the State List seems to have
shrunk. This has led many to question the
structure of Indian federalism and to propose
its remodeling.
POLITY BY RAJAT SIR

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DIFFERENT TYPES OF MAJORITY REQUIRED FOR AMENDING THE CONSTITUTION
SIMPLE/FUNGCTIONAL MAJORITY Usage-
More than 5O% members present and voting.  Under Article 249
 Under Article 312
Usage-
 Confidence Motion Special Majority of second Kind
 No Confidence motion  Two conditions to fulfill -
 vote of thanks to the President of India • 1. Not less than 2/3 of members present and
 Censure motion voting
• Adjournment motion etc.  2. By a majority of the total strength(TS) of the
 For Ordinary Money and Finance bills house (i.e. 50% of TS)
 Election of Speaker, Dy. Speaker of Lok Sabha
and Dy. chairman of RS. Usage-
 Approval of continuance of finance emergency  Constitution amendment bills
and president's rule(Article 365)  Removal of judges of SC& HC, CAG of India,
 Disapproval of continuance of National Chief Election Officer
emergency  Continuance of National Emergency.
 Ratification of the constitution amendment bills  Under Article 169 i.e Abolition or creation of
by state legislature Legislative Councils in States.
 Special Majority of third Kind Majority not less
ABSOLUTE MAJORITY than 2/3 of total strength of the house.
 More than 50% of total strength of the House.
 Absolute majority of Lok Sabha = 50% of total Usage-
member i.e. 545 = 273 or more. Impeachment of the President of India under Article
 Rajya Sabha = 50% of 245 = 123 or more. 61
EFFECTIVE MAJORITY
More than 50% of Effective Strength.
What is Effective strength?

 Effective Strength = (Total Strength Of The
House - Vacancies)
 Here vacancies mean seat vacated only by
death, resignation or disqualify.
Usage-
 Only in two cases
 Removal of Vice-President of India.
 Removal of speaker/Dy. speaker of Lok Sabha,
Dy. chairman of Rajya Sabha.
SPECIAL MAJORITY
There is 3 type of special majority
 Special Majority of first Kind
• Majority of not less than 2/3 of the member
present and voting.
POLITY BY RAJAT SIR

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THE PARLIAMENT
Development of Parliamentary Institutions a bicameral Legislature at the Centre and
The growth of modern parliamentary institutions in introduced some elements of responsible
India can be traced to our struggle against foreign Government in the Provinces. The Central
rule and the urge for establishing democratic Legislature consisted of the Governor-General and
institutions. The democratic foundations dating the two Houses—the Legislative Assembly and the
back to several millennia, the democratic norms Council of State.
and ethos that evolved over those centuries, and
above all, the inherent faith of the people in The first Legislative Assembly constituted under the
democratic functioning have greatly facilitated the 1919 Act came into being at the Centre in 1921.
adoption of parliamentary democracy through a Even after the enactment of the Government of
gradual process. India Act, 1935, which introduced federal features
and provincial autonomy in the system and also
The Charter Act of 1833, for the first time, provided made provisions for the distribution of legislative
that the Governor-General’s Government may be powers between the Centre and the Provinces, the
known as the Government of India and his Council constitution of the Central Government in India, by
as the Indian Council and introduced centralization and large, remained what it was under the Act of
in the legislative sphere. 1919 since the federal part of the 1935 Act never
came into operation.
There was, however, no legislative body distinct
from the Executive until 1853. The Charter Act of The Central Legislature continued to function for
1853 provided some sort of a separate ‘Legislature’ over a quarter century from 1921 to 1947. .
in the form of a 12-member Legislative Council Immediately before the commencement of the
which included the Governor-General, four Constitution, the Constituent Assembly became the
members of his Executive Council, the Chief Justice Provisional Parliament of India and functioned as
and another Judge of the Supreme Court and such until the first General Elections based on adult
others. franchise were held in 1952. The Parliament so
constituted was in accordance with the provisions
The First War of Independence in the year 1857 of the new Constitution. Ever since, the nation has
represented a watershed event in the history of been guided by the ennobling ideals laid down in
modern India, as it shook the foundations of the the Constitution which has turned out to be one of
century-old British Rule and compelled them to the greatest and finest republican Constitutions.
usher in legislative reforms and establish closer
contact with the people of the country. As a result, The Authority and Jurisdiction of Parliament
the Government of India Act, 1858 was enacted
which was perhaps the first statute towards The Parliament in India is not a sovereign body , it
governance of India under the direct rule of the functions within the bounds of a written
British Government. The Indian Councils Act of 1861 Constitution. The authority and jurisdiction of
set in motion the scheme of legislative devolution Parliament are limited by the distribution of powers
and the Indian Councils Act of 1892, for the first between the Union and the States and by the
time, provided for the filling up of some seats in the incorporation of a code of justiciable fundamental
Legislative Councils through elections. The rights in the Constitution. There is also provision for
expansion of the Legislative Councils and the judicial review which means that all laws passed by
enlargement of their powers were provided for by Parliament must be in conformity with the
the Government of India Act of 1909, which provisions of the Constitution and liable to be
implemented the Morley-Minto Reforms. The tested for constitutionality by an independent
Government of India Act, 1919 which gave effect to Judiciary.
the Montague-Chelmsford Reforms, was a landmark
in the constitutional history of India as it introduced
POLITY BY RAJAT SIR

All these provisions tend to qualify the nature and Even in the sphere exclusively reserved for the
extent of the authority and jurisdiction of States, the Constitution authorizes Parliament to
Parliament. The Constitution assigns and distributes legislate under certain circumstances.
the legislative powers between Parliament and the
State Legislatures in three lists—the Union List, the 1) Parliament may thus legislate on any specified
State List and the Concurrent List. matter in the State List, whenever the Rajya Sabha,
by a resolution supported by not less than two-
Broadly speaking, while Parliament has exclusive thirds of the members present and voting, declares
jurisdiction over the subjects in the Union List, the it necessary or expedient in the national interest to
State Legislatures over those in the State List, and at do so.
the same time, both may legislate on the subjects
listed in the Concurrent List4. Residuary powers of 2) when a Proclamation of Emergency is in
legislation vest in Parliament, i.e. matters not operation, the legislative competence of Parliament
enumerated in the Concurrent List or the State List, becomes widened so as to extend to any matter in
including the power of making any law imposing a the State List.
tax not mentioned in either of those Lists, belong to
Parliament. NOTE: Although any power so exercised by
Parliament in the national interest or during an
Parliament, in addition, may legislate with respect emergency does not restrict the normal legislative
to any matter for any part of the territory of India power of a State Legislature, in case of conflict the
not included in a State notwithstanding that such law by Parliament prevails and, so long as it remains
matter is a matter enumerated in the State List. in force, the State law to the extent of its
repugnancy remains inoperative.
Predominance of Parliament in the legislative field
1) State law cannot operate beyond the limits of the 3) Parliament also enjoys the power to legislate for
State, a law by Parliament may extend to the whole implementing any treaty, agreement orconvention
of India and may have even extraterritorial with any country or any decision made at an
operations. international conference or association on any
2) IF any provision of a law made by the Legislature subject, even if it should fall in the State List.
of a State is repugnant to any provision of a law
made by the Parliament which it is competent to Composition of Parliament
enact, the law made by the Parliament prevails and The Parliament of India is a bicameral Legislature
the State law to the extent of the repugnancy and is composed of the President, the Council of
becomes void. States (Rajya Sabha) and the House of the People
(Lok Sabha). These three constituent parts
NOTE: The only exception to this Rule is that where collectively constitute the Parliament.
a law made by the Legislature of a State with
respect to one of the matters enumerated in the President: The President is an integral part of the
Concurrent List contains any provision repugnant to Parliament though he is not a member of either
the provisions of an earlier law made by the House of Parliament.
Parliament or an existing law with respect to that
matter, then, the law so made by the Legislature of Rajya Sabha : The Rajya Sabha consists of twelve
such State shall, if it has been reserved for members nominated by the President and not more
consideration of the President and has received his than two hundred and thirty-eight representatives
assent, prevail in that State. But even here, this of the States and the Union territories. The
does not prevent Parliament from subsequently members nominated by the President consist of
amending, varying or even repealing the law made persons having special knowledge or practical
by the State Legislature. experience in respect of such matters as literature,
science, art and social service. The allocation of
POLITY BY RAJAT SIR
seats in the Rajya Sabha to be filled by Seats are reserved in the Lok Sabha for the
representatives of the States and of the Union Scheduled Castes and the Scheduled Tribes in
territories is in accordance with the provisions in almost all the States and some Union territories.
that behalf contained in the Fourth Schedule to the The number of seats reserved in any State or Union
Constitution. The Rajya Sabha was duly constituted territory for the Scheduled Castes or the Scheduled
for the first time on 3 April 1952. The first sitting of Tribes bears, as nearly as may be, the same
the Rajya Sabha was held on 13 May 1952. proportion to the total number of seats allotted to
that State or Union territory in the Lok Sabha as the
The total number of seats in the Rajya Sabha at population of the Scheduled Castes or of the
present is 245, including the 12 members Scheduled Tribes in that State or Union territory or
nominated by the President. part thereof, as the case may be, in respect of
which seats are so reserved, bears to the total
The allocation of the 233 seats to be filled by population of the State or Union territory.
representatives elected through proportional
representation by means of the single transferable DISSOLUTION OF LOK SABHA
vote. Unless sooner dissolved, the Lok Sabha continues
for five years from the date appointed for its first
The Rajya Sabha is not subject to dissolution, but as meeting and no longer, as the expiration of the
nearly as possible, one-third of its members retire period of five years operate as a dissolution of the
as soon as may be on the expiration of every second House. However, while a Proclamation of
year. The normal term of office of a member of the Emergency is in operation, this period may be
Rajya Sabha is six years from the date of election or extended by Parliament by law for a period not
nomination. However, a member elected or exceeding one year at a time and not exceeding in
nominated to fill a casual vacancy holds office for any case beyond a period of six months after the
the remainder of the term which his predecessor Proclamation has ceased to operate.
would have held.
The five-year term of the Fifth Lok Sabha was to
Lok Sabha have normally expired on 18 March 1976. Having
The Lok Sabha at present consists of not more than regard to the Proclamations of Emergency issued on
five hundred and thirty members chosen by direct 3 December 1971 and 25 June 1975, which were in
election from territorial constituencies in the States, operation, the life of the Fifth Lok Sabha was
and not more than twenty members to represent extended first on 4 February 1976 by a period of
the Union territories25, chosen in such manner as one year and again on 5 November 1976 by another
Parliament by law provides. period of one year upto 18 March 1978. The
dissolution of the Lok Sabha before the completion
For the purpose of election from territorial of its full term is not unconstitutional.The
constituencies in the States, a number of seats are dissolution of the Lok Sabha before the completion
allotted to each State in the Lok Sabha in such of its full term is not unconstitutional.
manner that the ratio between that number and
the population of the State is, so far as practicable, The Fourth Lok Sabha was dissolved on 27
the same for all States. December 1970 after a span of three years and 285
days. The Sixth Lok Sabha was dissolved on 22
Each State is thereafter divided into territorial August 1979, before the completion of its term. The
constituencies in such manner that the ratio Ninth, the Eleventh and the Twelfth Lok Sabha were
between the population of each constituency and also dissolved on 13 March 1991, 4 December 1997
the number of seats allotted to it, so far as and 26 April 1999, respectively, before the
practicable, is the same throughout the State. completion of their terms. While the Thirteenth Lok
Sabha was dissolved by the President on 6 February
2004, the Fourteenth Lok Sabha was dissolved on
POLITY BY RAJAT SIR
18 May 2009. Similarly the Fifteenth Lok Sabha was In the case of seat reserved for the Scheduled
dissolved on 18 May 2014. Tribes in the autonomous districts of Assam, the
candidate should belong to any of those Scheduled
NOTE: The proposal to summon, prorogue or Tribes and should be an elector for the
dissolve Lok Sabha may be made by the Prime parliamentary constituency in which such seat is
Minister with or without the consultation of the reserved or for any other parliamentary
Cabinet. constituency comprising any such autonomous
district.
Election of Members to Lok Sabha
A general election is held for the purpose of Disqualifications for Membership
constituting a new Lok Sabha on the expiration of A person is disqualified for being chosen as, and for
the duration of the existing House or on its being, a member of either House of Parliament:
dissolution. Elections to the Lok Sabha are held on (a) if he holds any office of profit under the
the basis of adult suffrage, that is to say, every Government of India or the Government of any
person who is a citizen of India and who is not less State other than an office declared by Parliament by
than 18 years of age on such date as may be fixed in law not to disqualify its holder;
that behalf by or under any law made by the (b) if he is of unsound mind and stands so declared
appropriate Legislature and is not otherwise by a competent Court;
disqualified under the Constitution or any law made (c) if he is an undischarged insolvent;
by the appropriate Legislature. (d) if he is not a citizen of India, or has voluntarily
acquired the citizenship of a foreign State, or is
QUALIFICATION TO BECOME MEMBER OF LOK under any acknowledgement of allegiance or
SABHA adherence to a foreign State;
A person is qualified to be chosen to fill a seat in the (e) if he is so disqualified by or under any law made
Lok Sabha if he: by Parliament; and (f) a person shall be disqualified
(a) is a citizen of India, and makes and subscribes for being a member of either House of Parliament if
before some person, authorised in that behalf by he is so disqualified under the Tenth Schedule to
the Election Commission, an oath or affirmation the Constitution.
according to the form set out for the purpose in the
Third Schedule to the Constitution; Besides the above constitutional requirements, the
(b) is not less than twenty-five years of age; and election law lays down certain further
(c) possesses such other qualifications as may be disqualifications. Broadly, these are as under:
prescribed in that behalf by or under any law made (i) A person convicted of certain offences, or found
by Parliament. guilty of a corrupt practice by an order under the
relevant provisions of the election law, is
In the case of a seat reserved for the Scheduled disqualified by the President if he so decides for a
Castes in any State, a candidate for election to the period as determined by him but not exceeding six
Lok Sabha should belong to any of the Scheduled years from the date of such conviction or from the
Castes, whether of that State or of any other State date on which the order takes effect.
and should be an elector for any parliamentary (ii) (ii) A person who has failed to lodge an account
constituency. In the case of a seat reserved for of election expenses within the time and in the
Scheduled Tribes in any State (other than those in manner required and has no good reason or
the autonomous districts of Assam), the candidate justification for such failure, is disqualified for a
should belong to any of the Scheduled Tribes, period of three years, under an order of the
whether of that State or any other State (excluding Election Commission.
the tribal areas of Assam) and should be an elector (iii) A person convicted for any offence and
for any parliamentary constituency. sentenced to imprisonment for not less than two
years is disqualified from the date of such
POLITY BY RAJAT SIR

conviction and will continue to be disqualified for a House. In that case, his seat in the first House
further period of six years since his release. becomes vacant with effect from the date on which
he is chosen a member of the other House
Election of Members to Rajya sabha (3) If he is chosen as a member of a State
The representatives of each State and of the Union Legislature, his seat in Parliament becomes vacant
territories in the Rajya Sabha are elected by the unless he has resigned his seat in the State
elected members of the Legislative Assembly of the Legislature within a period of 14 days from the
State and by members of the electoral college for publication of the declaration in the State Gazette
that territory, as the case may be, in accordance or
with the system of proportional representation by 4) if he remains absent from all the meetings of the
means of single transferable vote. House for a period of 60 days or more without the
permission of the House or
The electoral college for the Union territory of Delhi 5) if he is elected as President of India and enters
consists of the elected members of the Legislative upon his Office as President”; or
Assembly constituted for that territory under the 6) if he is elected as Vice-President of India and
Government of National Capital Territory of Delhi enters upon his Office as Vice -President; or
Act, 1991. 7) if he is appointed as Governor of a State and
enters upon his Office as Governor, or
NOTE: The Union territories of Andaman and 8) if he resigns his seat and his resignation is
Nicobar Islands, Lakshadweep, Dadra and Nagar accepted by the Chairman or the Speaker, as the
Haveli, Daman and Diu and Chandigarh do not have case may be; or
any representatives in the Rajya Sabha. 9) if he has been disqualified for being a member of
the House.
If a person, who is a member of an electoral college,
becomes subject to any disqualification for
membership of Parliament under the provisions of
any law relating to corrupt and illegal practices and
other offences in connection with elections to
Parliament, he ceases thereupon to be member of
the electoral college.
Vacation of Seats
A member of either House of Parliament may cease
to be a member of that House and his seat may
become vacant
(1) If he incurs any of the following disqualifications:
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; or is declared by a competent
court to be of unsound mind; or becomes an
undischarged insolvent; or voluntarily acquires the
citizenship of a foreign State or is under any
acknowledgement of allegiance or adherence to a
foreign State; or violates any of the provisions of
paragraph 2 of the Tenth Schedule to the
Constitution; or
(2) If he is chosen a member of the other House of
Parliament when he is already a member of one
POLITY BY RAJAT SIR
KNOW YOUR RAJYA SABHA THROUGH QUESTION –ANSWER FORM
History of Rajya Sabha Arunachal Pradesh 1
Q. When was the Council of States (Rajya Sabha) Assam 7
first constituted? Bihar 15
Ans : On 3 April 1952 Chhattisgarh 5
Goa 1
Q. When did the Council of States (Rajya Sabha) Gujarat 11
meet for the first time? Haryana 5
Ans : On 13 May 1952. Himachal Pradesh 3
Jammu and Kashmir 4
Q. When was the Council of States named as Rajya Jharkhand 6
Sabha in Hindi? Karnataka 12
Ans : On 23 August 1954. The Chairman, Rajya Kerala 9
Sabha made an announcement in the House that Madhya Pradesh 11
the Council of States would now be called ‘Rajya Maharashtra 19
Sabha’ in Hindi. Manipur 1
Meghalaya 1
Q. Who was the first Chairman of Rajya Sabha? Mizoram 1
Ans : Dr. S. Radhakrishnan. Nagaland 1
National Capital Territory of Delhi 3
Q. Who was the first Deputy Chairman of Rajya Odisha 10
Sabha? Puducherry 1
Ans : Shri S.V.Krishnamoorthy Rao (31.5.1952 - Punjab 7
2.4.1956 & 25.4.1956 - 1.3.1962). Rajasthan 10
Sikkim 1
Q. Who are the Chairmen of Rajya Sabha who have Tamil Nadu 18
held office consecutively for two terms? Telangana 7
Ans : Dr. S. Radhakrishnan was the first Chairman of Tripura 1
Rajya Sabha for two consecutive terms (13.5.1952 Uttarakhand 3
to 12.5.1962). Shri Mohammad Hamid Ansari was Uttar Pradesh 31
also the Vice-President of India for two consecutive West Bengal 16
terms (11.08.2007 to 10.08.2012 and again from
11.08.2012 to 10.08.2017). Composition of Rajya Q. Currently how many members are elected from
Sabha Union territories?
Ans : In total eight members are elected from the
Q. What is the maximum strength of Rajya Sabha? Union territories (3 from Delhi, 1 from Puducherry
Ans : Two hundred and fifty (250), of which 238 are and 4 from Jammu & Kashmir). Other Union
to be elected and 12 are to be nominated by the territories are not represented in Rajya Sabha.
President of India.
Q. Why is Rajya Sabha called a permanent body?
Q. What is the actual strength of Rajya Sabha? Ans : Rajya Sabha is not subject to dissolution; as
Ans : Two hundred and forty five (245), of which nearly as possible, one-third of its members retire
233 are elected and 12 are nominated. every second year.
Q. How many members does each state have in Q. What is the term of a member of Rajya Sabha?
Rajya Sabha? Ans : It is six years; but a member elected in a bye-
Ans election serves for the remainder of the term of the
States No. of seats vacancy caused.
Andhra Pradesh 11
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Q. What is the quorum to constitute a meeting of Ans : Under Rule 8 of the of Procedure and Conduct
Rajya Sabha? of Business in the Council of States (Rajya
Ans : It is one-tenth of the total members of the Sabha),the Chairman, Rajya Sabha nominates six
House, i.e., 25 members. members on the panel of Vice- Chairmen, one of
whom presides over the House in the absence of
Q. Which is the party with maximum members in both the Chairman and the Deputy Chairman. When
the House? neither the Chairman nor the Deputy Chairman and
Ans : Bharatiya Janata Party Officers of Rajya Sabha none of the Vice Chairmen is present to preside, the
House may decide about any other member present
Q. Who acts as the Chairman, Rajya Sabha? to preside.
Ans : The Vice-President is the ex officio Chairman
of Rajya Sabha. Q. Currently who is the Leader of the House?
Ans : Shri Piyush Goyal
Q. How is the Vice-President of India elected?
Ans : The Vice-President is elected by the members Q. What are the responsibilities of the Leader of the
of an electoral college consisting of the members of House?
both Houses of Parliament in accordance with the Ans : Leader of the House plays an important role in
system of proportional representation by means of drawing up the programme of official business in
the single transferable vote. the House. Normally, the Prime Minister nominates
a Minister who is a member of the Rajya Sabha as
Q. What is the term of office of Vice-President of Leader of the House, but if the Prime Minister
India? himself is a member of Rajya Sabha, he will act as
Ans : The Vice-President holds office for a term of the Leader of the House.
five years from the date on which he enters upon
his office.
Q. Currently who is the Chairman of Rajya Sabha?

Ans : Shri JAGDEEP DHANKHAR
Q. How is the Deputy Chairman elected?

Ans : The Deputy Chairman is elected by the
members of Rajya Sabha from amongst its
members.
Q. What are the responsibilities of the Deputy

Chairman?
Ans : While the office of Chairman is vacant, or
during any period when the Vice-President is acting
as, or discharging the functions of the President, the
duties of the office of the Chairman are performed
by the Deputy Chairman.
Q. Currently who is the Deputy Chairman of Rajya

Sabha?
Ans : Shri Harivansh
Q. Who presides over the proceedings of the Rajya

Sabha in the absence of both the Chairman and the
Deputy Chairman?
POLITY BY RAJAT SIR
LEGISLATION
An important function of Parliament, although not Bills to replace Ordinances; and
the only function, is to make laws. All legislative Constitution (Amendment) Bills.
proposals have to be brought in the form of Bills
before Parliament. A Bill is a statute in draft, and no Money and Financial Bills, because of their special
Bill, whether it be introduced by the Government or features, are treated separately from other Bills.
a private member, can become law until it receives These are dealt with in details as follows:
the approval of both the Houses of Parliament and
assent of the President. Each Bill undergoes three Money Bills and Financial Bills
readings ……….
Money Bills
The First Reading means: motion for leave to A Money Bill has been defined as under:
introduce a Bill on the adoption of which the (1) A Bill shall be deemed to be a Money Bill if it
Bill is introduced, or introduction of a Bill already contains only provisions dealing with all or any of
published in the Gazette or laying on the Table of the following matters, namely:
the House of a Bill, as passed by the other House, (a) the imposition, abolition, remission, alteration
where it originated. or regulation of any tax;
(b) the regulation of the borrowing of money or the
The Second Reading consists of two stages: “First giving of any guarantee by the Government of India,
Stage” constitutes discussion on the principles of or the amendment of the law with respect to any
the Bill and its provisions generally on any of the financial obligations undertaken or to be
following motions: that it be taken into undertaken by the Government of India;
consideration; that it be referred to a Select (c) the custody of the Consolidated Fund or the
Committee of Lok Sabha; that it be referred to a Contingency Fund of India, the payment of moneys
Joint Committee of the Houses with the into or the withdrawal of moneys from any such
concurrence of Rajya Sabha; that it be circulated for Fund;
the purposes of eliciting opinion; and (d) the appropriation of moneys out of the
Consolidated Fund of India;
“Second Stage” signifies the clause-byclause (e) the declaring of any expenditure to be
consideration of the Bill as introduced or as expenditure charged on the Consolidated Fund of
reported by a Select or Joint Committee, as the case India or the increasing of the amount of any such
may be. expenditure;
The Third Reading refers to the discussion on the (f) the receipt of money on account of the
motion that the Bill (or the Bill as amended) be Consolidated Fund of India or the public account of
passed. India or the custody or issue of such money or the
audit of the accounts of the Union or of a State; or
Classification of Bills (g) any matter incidental to any of the matters
Bills may be classified into Government Bills and specified in sub-clauses (a) to (f).
Private Members’ Bills, depending upon whether
they are sponsored by a Minister or a private Q A question may arise as to what is the exact
member. significance or scope of the word ‘only’ ?
the word ‘only’ is not restrictive of the scope of the
On the basis of their contents, they may further be general terms. If a Bill substantially deals with the
classified into: imposition, abolition, etc., of a tax, then the mere
Original Bills (Bills embodying new proposals, ideas fact of the inclusion in the Bill of other provisions
or policies); which may be necessary for the administration of
Amending Bills (Bills which seek to modify, amend that tax or, I may say, necessary for the
or revise existing Acts); achievement of the objective of the particular Bill,
Repealing Bills (Bills seeking to repeal existing Acts); cannot take away the Bill from the category of
POLITY BY RAJAT SIR

Money Bills. One has to look to the objective of the been passed by both the Houses with the
Bill. Therefore, if the substantial provisions of the amendments recommended by Rajya Sabha and
Bill aim at imposition, abolition, etc., of any tax then accepted by Lok Sabha. If, however, Lok Sabha does
the other provisions would be incidental and their not accept any of the recommendations of Rajya
inclusion cannot be said to take it away from the Sabha, the Money Bill is deemed to have been
category of a Money Bill. passed by both the Houses of Parliament in the
form in which it was passed by Lok Sabha without
Certification of a Money Bill any of the amendments recommended by Rajya
In case any question arises whether a Bill is a Sabha.
Money Bill or not, the decision of the Speaker
thereon is final8. When a Bill is held by the Speaker If the Rajya Sabha does not return the Bill within the
to be a Money Bill, he endorses a certificate prescribed period of fourteen days, the Bill is
thereon signed by him to the effect that it is a deemed to have been passed by both the Houses of
Money Bill before the Bill is sent to Rajya Sabha or Parliament at the expiry of the period in the form in
presented to the President for assent. which it was passed by the Lok Sabha.
The certificate regarding a Money Bill can be The period of fourteen days is computed from the
endorsed only by the Speaker so long as the Office date of receipt of a Money Bill in the Rajya Sabha
of the Speaker is not vacant. The Voluntary Secretariat and not from the date on which it is laid
Surrender of Salaries (Exemption from Taxation) on the Table of Rajya Sabha. A Money Bill is
Amendment Bill, 1955, was passed by Lok Sabha on transmitted to Rajya Sabha as soon as it is passed
18 February 1956. The Speaker was away from by Lok Sabha, unless the Speaker has given a
Delhi at that time. direction to the contrary.
The Bill was to be certified as a Money Bill, and In the case of the Indian Tariff (Amendment) Bill,
although the Deputy Speaker was available, the Bill 1955, a Money Bill, which was passed by Lok Sabha
was transmitted to Rajya Sabha without a on 26 July 1955, when Rajya Sabha was not in
certificate that it was a Money Bill, as the Office of session but was due to assemble sometime later,
the Speaker was not vacant. On the other hand, Speaker Mavalankar made a statement on the floor
when the Office of the Speaker fell vacant with the of the House in the course of which he said that
demise of Speaker Mavalankar on 27 February according to legal interpretation, even when Rajya
1956, the Deputy Speaker, who is empowered Sabha was not in session, a Bill could be sent to the
under article 95(1) of the Constitution to perform Secretary of Rajya Sabha and it would be deemed to
the duties of the Office of Speaker, certified a have been received by Rajya Sabha and added that
Money Bill (the Appropriation Bill, 1956) he was, however, directing the Secretary not to
transmit the Bill to Rajya Sabha immediately, but a
Special Procedure Regarding Money Bills little later so that the period of fourteen days did
A Money Bill can be introduced only in the Lok not terminate before the commencement of the
Sabha15. After it has been passed by Lok Sabha, it is session of Rajya Sabha. This would enable Rajya
transmitted to Rajya Sabha for its recommendations Sabha to have an opportunity to discuss the Bill.
and that House is, within a period of fourteen days
from the date of the receipt of the Bill, required to The recommendation of the President is required
return the Bill to Lok Sabha with its for the introduction of a Money Bill. Where,
recommendations, if any. however, a Bill deals only with any matter incidental
to any of the matters specified in article 110(1),
The Lok Sabha may either accept or reject all or any sub-clauses
of the recommendations made by Rajya Sabha. If (a) to (f), recommendation of the President is not
Lok Sabha accepts any of the recommendations necessary for introduction of that Bill.
made by Rajya Sabha, the Bill is deemed to have
POLITY BY RAJAT SIR
A Money Bill cannot be referred to a Joint each House and unless such recommendation has
Committee of the Houses but can be referred to the been received, the House cannot pass the Bill.
select committee of the house.
Financial Bills of Category ‘A’

A Financial Bill, falling under Category ‘A’, can be
introduced only in the Lok Sabha and requires the
recommendation of the President for its
introduction. Such a Bill has to be withdrawn in case
it is introduced without this recommendation, but
may be reintroduced with the necessary
recommendation. Such a Bill cannot as a rule be
referred to a Joint Committee of the Houses.
However, the Lok Sabha may, in special cases, refer
such Bills to a Joint Committee after adopting a
motion for suspension of the relevant rule28. On
one occasion, Financial Bill of Category ‘A’ was
referred to the Joint Committee without suspending
the proviso to Rule 74.
Financial Bills of Category ‘B’

Where a Bill contains, inter alia, a proposal or
proposals involving expenditure from the
Consolidated Fund of India, e.g., by providing for
the appointment of officers or other authorities or
for the establishment of an institution, it becomes a
Financial Bill of Category ‘B’. Examples of such Bills
are:
The State Bank of India Bill, 1955; the Forward

Contracts (Regulation) Amendment Bill, 1960; the
Supreme Court Judges (Number of Judges)
Amendment Bill, 1977; the Brahmaputra Board Bill,
1980; the National Security Guards Bill, 1986; the
Essential Commodities (Special Provisions)
Continuance Bill, 1987; the Maintenance and
Welfare of Parents and Senior Citizens Bill, 2007
and the Rajiv Gandhi National Institute of Youth
Development Bill, 2011.
Unlike a Money Bill or a Financial Bill of Category

‘A’, a Financial Bill containing proposals which
involve expenditure from the Consolidated Fund of
India, i.e., of Category ‘B’ may be introduced in
either House and it does not require any
recommendation of the President for its
introduction. However, a separate recommendation
of the President is essential for its consideration by
POLITY BY RAJAT SIR
MOTIONS AND TYPES
Introduction called substitute motions. Such motions, though
The term 'motion' in its wide sense means any drafted in such a way as to be capable of expressing
proposal made for the purpose of eliciting a an opinion by themselves are not, strictly speaking,
decision of the House. . In order to ascertain the will substantive motions in as much as they depend
of the House in regard to a matter before it, every upon the original motion.
question to be decided by the House must be
proposed by a member in the form of a motion. The Examples of substitute motions are given below:—
mover of a motion frames it in a form in which During first session, Tenth Lok Sabha, a Government
he/she wishes it ultimately to be passed by the motion namely 'That this House do consider the
House and on which the vote of the House can present international situation' given notice of by
conveniently be taken. However, there are certain Shri Eduardo Faleiro, Minister of State for External
motions which per se are not put to vote of the Affairs was admitted and listed for discussion in the
House. Rule 342 of the Rules of Procedure and House on 18 September, 1991. The following
Conduct of Business in Lok Sabha which governs substitute motions given notices of by the members
such type of motions. to the original motion were admitted:—
Types of Motions Shri Jaswant Singh (1) "This House, having

Motions can be classified under the following considered the present international situation, do
categories, namely:— find the conduct of foreign policy by the
(i) Substantive Motions; Government of India as unsatisfactory, particularly
(ii) Substitute Motions; and in respect of:—
(iii) Subsidiary Motions. (a) meeting the challenge of rapidly transforming
international scene;
(i) Substantive Motions. (b) ineffective response to events preceding and
A substantive motion is a self-contained, following the Gulf War;
independent proposal submitted for the approval of (c) response to the coup in USSR and its subsequent
the House and drafted in such a way as to be overturning by the democratic forces in that
capable of expressing a decision of the House, e.g. country; and
all resolutions are substantive motions. Example of (d) inability to counter Pakistan's interference in our
a substantive motion is:— internal affairs."
"That this House expresses its confidence in the
Council of Ministers." Motions for election of the (iii) Subsidiary Motions.—
Speaker and the Deputy Speaker, Motion of Thanks They depend upon or relate to other motion or
on the Address by the President, Motion for follow upon some proceedings in the House. They
Adjournment on a matter of public importance, by themselves have no meaning and are not
resolutions, motions for raising discussion on a capable of stating the decision of the House without
matter of general public interest, motions of reference to the original motion or proceedings of
confidence/no-confidence in the Council of the House. Subsidiary motions can be further
Ministers, resolution for removal of the divided into:—
Speaker/Deputy Speaker, motion declaring the seat (1) Ancillary Motions;
of a member vacant and where leave of absence is (2) Superseding Motions;
not agreed to by the House, are examples of the
substantive motions moved in Lok Sabha. (1) Ancillary Motions.—These are motions which
are recognised by the practice of the House as the
(ii) Substitute Motions.— regular way of proceedings with various kinds of
Motions moved in substitution of the original business. Examples of ancillary motions are:—
motion for taking into consideration a policy or (a) That the Bill be taken into consideration.
situation or statement or any other matter are (b) That the Bill be passed.
POLITY BY RAJAT SIR

(2) Superseding Motions.—
These are motions which, though independent in
form, are moved in the course of debate on another
question and seek to supersede that question. In
this class fall all motions of dilatory character. The
following are superseding motions in relation to the
motion for taking into consideration a Bill:—
(a) That the Bill be re-committed to a Select
Committee.
(b) That the Bill be re-committed to a Joint
Committee of the Houses.
(c) That the Bill be circulated for eliciting further
opinion thereon.
(d) That consideration of the Bill or the debate on
the Bill be adjourned sine-die or to some future
date.
POLITY BY RAJAT SIR

IMPORTANT PARLIAMENTARY TERMS(PART 1)
Important Parliamentary Terms (PART 1) Rajya Sabha by an order of the Chairman for
1. "Act"--A Bill passed by both Houses of being defamatory or indecent or
Parliament and assented to by the President. unparliamentary or undignified.
2. “Ad hoc Committee”- A Committee constituted 12. "Finance Bill"-A Bill ordinarily introduced every
by the House or by the Chairman or by the year to give effect to the financial proposals of
presiding officers of both the Houses jointly to the Government of India for the following
consider and report on specific matter and financial year and includes a Bill to give effect
becomes functus officio as soon as the task is to supplementary financial proposals for any
completed. period.
3. "Adjournment of Debate"--Adjournment on a
motion adopted by the House, of the debate on
a Motion/Resolution/Bill on which the House is
then engaged until a future day or sine die as
specified in the motion
4. "Adjournment of the sitting of the House"-
Termination of the sitting of the House which
meets again at the time appointed for the next
sitting.
5. "Adjournment sine die"-Termination of a sitting
of the House without any definite date being
fixed for the next sitting.
6. "Appropriation Bill"- A Money Bill passed
annually (or at various times of the year)
providing for the withdrawal or appropriation
from and out of the Consolidated Fund of India,
of moneys, voted by Lok Sabha and moneys
charged on the Consolidated Fund for the
services of a financial year or a part of a
financial year.
7. “Ballot”- A process to determine inter se
priority of more than one notice through a
draw of lot.
8. "Bill"--The draft of a legislative proposal put in
the proper form which, when passed by both
Houses of Parliament and assented to by the
President becomes an Act.
9. “Calling Attention” – A procedure whereby a
Member calls the attention of a Minister to a
matter of urgent public importance , the
Minister makes a brief statement thereon and
thereafter the Members seek clarifications.
10. "Casting Vote"-The vote cast by the Chairman,
or a Member acting as such in the House and
by the Chairman or a Member acting as such in
a Committee, in the case of an equality of votes
on a matter.
11. "Expunction"-Deletion of words, phrases or
expressions from the proceedings or records of
POLITY BY RAJAT SIR

IMPORTANT PARLIAMENTARY TERMS(PART 2)
13. “Half-an-Hour Discussion”-A Member with the under articles 86(2) and 111 of Constitution
permission of the Chairman may raise a and a communication sent from one House of
discussion on a matter of sufficient public Parliament to the other House
importance which has been the subject of a 25. "Motion"-A formal proposal made to the House
recent oral or written question and the answer by a Minister or a member that the House do
to which needs elucidation on a matter of fact. something, order something to be done or
14. "Leader of the Council"-The Prime Minister, if express an opinion with regard to some matter,
he is a member of the Council or a Minister and is so phrased that, if adopted, it will
who is a member of the Council and is purport to express the judgment or will of the
nominated by the Prime Minister to function as House.
the Leader of the Council. 26. "Motion of Thanks"-A formal motion moved in
15. "Leader of the Opposition"-A Member of the the House, expressing its gratitude to the
House, who is, for the time being, the leader in President for the Address delivered by him/her
that House of the Party in opposition to the under article 87(1) of the Constitution to both
Government having the greatest numerical Houses of Parliament assembled together.
strength and recognised as such by the 27. "Naming a Member"-The drawing of attention
Chairman. of the House by the Chairman to the conduct of
16. “Leave of absence”-A member wishing to a member who disregards the authority of the
obtain permission of the House for remaining Chair or abuses the Rules of the House by
absent from its sittings is required to make an persistently and willfully obstructing the
application stating the reasons and the period business thereof, with a view to action being
for which he may be permitted to be absent taken to suspend him from the service of the
from the sittings of the House. House for a period not exceeding the
17. "Legislative Business" – Introduction, remainder of the session.
consideration and passing of a bill, piloted by a
Minister or a Private Member, in the House.
18. "List of Business"- A list of items of business
scheduled to be taken up in Rajya Sabha on a
particular day of the sittings in the order in
which they stand on it.
19. "Lobby"-The covered corridor immediately
adjoining the Chamber and co-terminus with it.
20. "Maiden Speech"-The first speech of a member
after his election/nomination to the Rajya
Sabha in the House.
21. “Matters raised with permission”- Immediately
after the Question Hour and laying of papers, a
Member may raise an issue of urgent public
importance with the prior permission of the
Chairman.
22. "Member in charge of the Bill"-The
Minister/Private Member who has introduced
the government/Private Members’ Bill.
23. "Memorandum of business" – It is meant for
the use of the Chair to help him while calling
the items listed in the Agenda paper of the day.
24. "Message"-A communication from the
President to a House or Houses of Parliament
POLITY BY RAJAT SIR

JOINT SITTING OF THE HOUSES ART. 108(1)
When a Bill other than a Money Bill or a INSTANCES OF JOINT SITTING:
Constitution Amendment Bill, passed by one House So far, joint sittings of the Houses under article 108
is rejected by the other House or the Houses have have taken place on three occasions:
finally disagreed as to the amendments made in the 1. Dowry Prohibition Bill, 1959.
Bill or more than six months lapse from the date of 2. Banking Service Commission (Repeal) Bill, 1977.
the receipt of the Bill by the other House without 3. Prevention of Terrorism Bill, 2002.
the Bill being passed by it, the President may, unless
the Bill has lapsed by reason of dissolution of Lok
Sabha, notify to the Houses by message, if they are
sitting, or by public notification, if they are not
sitting, his intention to summon them to meet in a
joint sitting. A similar provision also existed in the
Government of India Act 1935.
NOTE: This provision is only an enabling one,

empowering the President to take a step for
resolving a deadlock between the two Houses. It is
not obligatory upon him to summon the Houses to
meet in a joint sitting.
PROCEDURE: When the President has notified his

intention of summoning the Houses to meet in a
joint sitting, neither House shall proceed further
with the Bill and the President may thereafter issue
an order summoning the Houses to meet in a joint
sitting for the purpose of deliberating and voting on
the Bill on a date which is suggested by the Prime
Minister or the Prime Minister in consultation with
the Cabinet, and agreed to by the Speaker, and if he
does so, the Houses shall meet accordingly. (Art.
108(3). At a joint sitting, the Speaker presides and
the Secretary-General, Lok Sabha acts as Secretary-
General of the joint sitting. The Rules of Procedure
of Lok Sabha apply with such modification and
variations as the Speaker may consider necessary or
appropriate. During the absence of the Speaker
from any joint sitting, the Deputy Speaker of Lok
Sabha or if he is also absent, the Deputy Chairman
of Rajya Sabha or if he too is absent, such other
person as may be determined by the members
present at the sitting, presides.
HOW A BILL IS PASSED IN JOINT SITTING?

Majority of the total number of members of both
Houses present and voting.
POLITY BY RAJAT SIR

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SPEAKER
Q “Speaker belongs to all the members or belongs ❖ The persistent disruption of Parliament causes
to none”- In light of the statement critically extensive damage not only to the prestige of the
examine the role of the speaker in Indian House but also frustrates the primary function of
democracy. (250 words) any legislature. The stalling of parliamentary
ANS: In the Lok Sabha, as in the United Kingdom, proceedings has led to the passing of important bills
the Speaker is the supreme authority; he has vast in several sessions without any discussion.
powers and it is his primary duty to ensure the
orderly conduct of the business of the House. GV ❖ It is significant that the Chief Justice of India has
Mavalankar, the first Speaker, observed: “Once a also highlighted the deleterious effects of no
person is elected Speaker, he is expected to be discussion taking place even when important bills
above parties, above politics. In other words, he are being passed.
belongs to all the members or belongs to none. He
holds the scales of justice evenly, irrespective of ❖ Further examples of the role of speaker from
party or person”. Karnataka and Uttarakhand have marked a
Question on the position of speaker. So there is a
The role of speaker and issue of impartiality: need for reforms to tackle these issues. Suggestions
❖ In theory, India embraces the impartiality of the for improvement of office of speaker:
Speaker. The Speaker’s office is considered to be of
great dignity as he represents the House – the ❖ Every textbook of constitutional law points out
collective of the nation’s expectations from the the two essential qualities of a Speaker:
government and has been vested with considerable Independence and impartiality.
power.
❖ Paying attention to important issues: Speaker
❖ It is the Speaker who presides over the meetings Mavalankar observed that if something is very grave
of the House, and it is his/her responsibility to and affects the country, the House must pay
maintain discipline in the House. He also fixes the attention to it immediately. Indeed, the supremacy
agenda of the House and gives permission to the of Parliament is emphasised by Article 75(3) of the
members to raise their questions. Constitution: “The Council of Ministers shall be
collectively responsible to the House of the People”.
❖ The Speaker is expected to act at all such times
with fairness, lack of prejudice and detachment. It is the Speaker’s duty to decide what issues will be
The Speaker has another very important taken up for discussion. He has the sole discretion
responsibility vested in him, he acts as the judge in to permit an adjournment motion to be tabled or to
deciding disputes relating to the defection by party admit a calling attention notice, if the issue is of
members. urgent public importance.
❖ However, though much importance is attributed ❖ Sole allegiance to constitution: Several

to maintaining this office above petty political judgments on the anti-defection law have been
games and subterfuges; unlike the British system, rendered by the Supreme Court. A common factor
the Speaker continues to be part of a political party that shows up in these rulings is the blatant,
and after his tenure, he can even return to active partisan conduct of speakers in state assemblies.
politics. Thus, there are no actual conventions to Sadly, over the last decade and more, an impartial
ensure the impartiality of the office even though it and independent Speaker is an oxymoron. o Indeed,
is expected. it should be made mandatory that the Speaker
ought to resign from his party and his sole
❖ Anti-defection law gave enormous powers to the allegiance must be to the Constitution and to
speaker making post more political party oriented maintaining the dignity of the House.
and less neutral.
POLITY BY RAJAT SIR
❖ Separation of Power: The separation of powers is
part of the basic structure of our Constitution. If
Parliament ceases to be relevant, the foundation of
our democracy will progressively get weaker. It is,
therefore, imperative that the Speaker of every
legislature resigns from his party to honour his
constitutional obligation of independence and
impartiality. For example, in 1967, late N Sanjiva
Reddy resigned from his party when he became the
Speaker. This must be accepted as the primary
responsibility of every ruling party, both at the
Centre and in each state, and made into a
constitutional convention.
❖ Truly Independent: Indeed, the option is a

binary: Either allow Parliament and state
legislatures to descend into terminal decline or
make the Speaker truly independent and let every
legislature perform its constitutional function of
deliberating on matters of public importance and
passing laws after proper debate.
❖ The speaker must ensure that the legislature

meets continuously and debate the bills. As per GV
Mavalankar, the first Speaker, once a person is
elected Speaker, he should rise above parties,
above politics. He should belong to all the members
or belong to none. He should hold the scales of
justice evenly, irrespective of party or person.
Conclusion: The Speaker plays the crucial role of

ensuring that the Parliament carries forward its role
of legislation peacefully, maintaining harmony in
the Houses of Parliament and taking crucial
procedural decisions of the House. Pandit Nehru
referred to the Speaker as “the symbol of the
nation’s freedom and liberty” and emphasised that
Speakers should be men of “outstanding ability and
impartiality”. MN Kaul and SL Shakdher, in their
book Practice and Procedure of Parliament, refer
speaker as the conscience and guardian of the
House.
POLITY BY RAJAT SIR

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POWERS, FUNCTIONS AND ROLES OF THE GOVERNOR
Powers, Functions and Roles of the Governor  With the enactment of the Indian
The post of governor of a state is of immense Independence Act, 1947, India was divided into
importance in our political system. It is considered two independent dominions. Both the two
as one of the pivotal parts of “checks and balances” Dominions were to have a Governor General
that our democracy is proud of. Powers and each who was to be appointed by the King of
functions bestowed upon the governors and England as his representative.
lieutenant-governors of the states and union  Originally, the Provincial Constitution
territories of India are similar in nature to that of Committee of the Constituent assembly had
the President of India at Union level. Being de jure recommended that the governor should be
head of the state government, all its executive directly elected by the people of the state. The
actions are taken in the governor's name. While the proposal of an elected governor was criticized
President of India is ‘elected’, the governor is on the ground that the presence of two
‘selected’ by the existing central government via persons in the government namely the
imperative processes. Governor and the chief minister, each deriving
 The origin of the office of the Governor in India, his mandate from the people, might lead to
as we know it today, can be traced to the friction.
advent of the“East India Company”to India. The  While the Constitution was being framed and
word “Governor” is historically also associated discussed upon, Sardar Patel sought to make it
to the Portuguese “Afonso de Albuqerque” who explicit that “special powers” endowed upon
held the position of Governor and Captain the Governor would not create dissonance
General in India in the year 1509. between him and the ministry. He stressed that
 Further, with the issuance of the charter of there would be no “invasion of the field of
1601 by Queen Elizabeth –I, Governor was ministerial responsibility”. The“special powers”
bestowed with the legislative powers to make, would primarily be limited to sending a report
ordain and constitute such laws, orders and to the Union President when “a grave
ordinances as required for the Governance of emergency arose, threatening menace to peace
the East India Company. and tranquillity”. At one point there was also an
 With the transfer of power from the East India argument put forward that the governor should
Company to the British Crown through the be elected directly by the people of that
Government of India Act, 1858 as enacted by province, but it did not find assent. Jawaharlal
the British Parliament, the Governor General of Nehru had emphasized that this post could be
India was granted the power to issue utilized to bring distinguished people from
ordinances and veto any Bill. The overriding eclectic backgrounds as well as academics into
powers of the Governor General of India with the field of public service, as they might not
respect to legislature continued even after the have necessary expertise or zest for winning an
enactment of the Government of India Act, election.
1935, which provided for a provincial executive
consisting of the Governor and Council of ROLE,POWERS AND FUNCTIONS OF THE
Ministers to advise him. GOVERNOR AS ENSHRINED IN THE COI
 As provided by Articles155 and 156 of the
The Governor of a province was provided with 3 existing Constitution of India, Governors of the
types of powers: States are appointed by the President of India
1. Discretionary and are answerable to him and hold their
2. Powers exercised in his individual judgment offices during the pleasure of the President of
and India
3. Powers to be exercised on the advice of the  The Governor, thus, is an appointee of the
Ministers Central Government in the State, and, in so far
POLITY BY RAJAT SIR

as he acts in his discretion, he shall be  To put it briefly, the Power of Governor to
answerable to the Union Government. grant pardons, reprieves and respites in all
 Except in matters in which the Governor is cases where the sentence is not a sentence of
required by or under the Constitution to death, and to suspend, remit or commute the
exercise his function in his discretion, the sentence of any person, is co – extensive with
Governor is the Constitutional or formal head the executive power of the State. It, therefore,
of the State and he exercises all his powers and follows that the Governor has the power to
functions on the aid and advice of his council of grant a pardon or remit the sentence of a
Ministers. This is so because our Constitution person who is transported for life.
embodies generally the Parliamentary or
Cabinet system of Government of the British NOTE: In a 5 Judge Bench, the Supreme Court of
Model both at the Union and the States. India has held in BP Singhal v. Union of India (2010)
 Article 164(1) of the Constitution of India that the role of the Governor of a State is to
empowers the Governor to appoint the Chief function as a vital link or bridge between the Union
Minister. However, like the discretion of the Government and the State Government. He is
president in the appointment of the Prime required to discharge the functions relate to his
Minister, the Governor’s discretion in the different roles harmoniously, assessing the scope
appointment of Chief Minister is conditioned by and ambit of each role properly.
an essential form of Parliamentary form of  A Governor of a State has dual role. The first is
Government that the Council of Ministers shall that of a Constitutional head of the State bound
be collectively responsible to the State by the advice of his Council of Ministers. The
legislative assembly. This means that the leader second is to function as vital link between the
of a party which commands majority in the Union Government and the State Government.
legislative assembly is eligible for appointment In certain special or emergent situations, he
as Chief Minister, and the Governor is bound to may also act as a special representative of the
request him to form the Government. If there is Union Government.
no party commanding a clear majority in the  The Governor of a State is neither an employee
legislative assembly, the Governor may exercise of the Union Government nor the agent of the
his discretion in the appointment of Chief party in power nor required to act under the
Minister according to his personal assessment dictates of political parties. His office is not
of the situation at that time. subordinate or subservient to the Government
 Article 72 of the Constitution of India could be of India.
reconciled with Article 161 by limiting the  He is constitutionally the head of the State in
power of the Governor to grant pardons to whom is vested the executive power of the
cases not covered by Article 72. If so read, the State and without whose assent there can be
President alone has the exclusive powers to no legislation in exercise of the legislative
grant pardons, reprieves, and respites in all power of the State. The fact that the Governor
cases where the sentence is a sentence of holds office during the pleasure of the
death and both the President and the Governor President does not make the Government of
have concurrent powers in respect of Pardon, India an employer of the Governor.
Suspension, remission and commutation of a  There is a distinction between the powers of
sentence other than that of death. In other the President under Article74 and the Governor
matters, that is in respect of offences against under Article 163 of the Constitution. There is
any law relating to a matter to which the some qualitative difference between the
executive power of the State extends, the position of the President and the Governor. The
Governor has all the powers enumerated in President under Article 74 has no discretionary
Article161 of the Constitution of India including powers but the Governor has certain
the power to grant pardons, reprieves and discretionary powers under Article 163(2) of
respites. the Constitution of India.
POLITY BY RAJAT SIR
 In contrast to Article 74, even though  The State Government undertakes all executive
Article163 similarly provides that the Governor action in the name of the Governor
of a State is to exercise his functions in  As per Article 164, the Governor has the power
consonance with the aid and advice tendered to appoint the Chief Minister of the State, and
to him by the council of Ministers with the upon the Chief Minister’s recommendation, the
Chief Minister as the head, yet Article 163(2) appointment of other ministers.
confers discretionary powers with the Governor  The Governor appoints the Advocate General of
when it is so expressly mandated by or under the State, State Election Commsioners and the
the Constitution. chairman and members of the State Public
 To a limited extent Article 163(2) authorizes Service Commission. However, the Governor
Governor to act in his own discretion and in cannot remove the members of the State Public
that sense there is a clear distinction between Service Commission as they can only be
the power vested in the President and the removed by an order of the President.
power vested in the Governor.  In States with bicameral legislature, the
Governor can further nominate to the
NOTE: Governor should act as per the will or advice Legislative Council persons with special
of the majority party only when the same is in knowledge or practical experience in matters of
accord with the Constitution and the laws. (B.R. literature, art, science, cooperative movement
Kapur v. State of T.N. & Another and social service.
Eligibility : A governor must: LEGISLATIVE POWERS:

 Be a citizen of India.  The Governor can summon, prorogue, defer or
 Be at least 35 years of age. dissolve the State Legislative Assembly, his
 Not be a member of the either house of the decisions often taken in counsel with the Chief
parliament or house of the state legislature. Minister and the Council of Ministers.
 Not hold any office of profit.  The Governor has the power to nominate 1/6th
of the State Legislative Council.
The Governor of the State, like the President, is  The Governor can nominate a member of the
entitled to specific powers. Anglo-Indian community to the Legislative
They are- Assembly of the State,should he feel the
• Legislative – affiliated with ordinance making community is under-represented in Vidhan
and State Legislature; Sabha.
• Executive – affiliated with administrative  As per Article 200, the Constitution confers the
appointments and discharge; Governor with the power to assent, withhold
• Judicial – affiliated with power to grant assent, return for reconsideration, or reserve
pardons and respites; for President’s consideration any Bill. But
• Financial – authority over the state budget and should the Vidhan Sabha send back a returned
money bills; Bill to the Governor the second time, then he
• Discretionary – to be exercised at the has to sign it.
discretion of the Governor; the Governor does  As per Article 213 the Constitution of India
not possess any diplomatic or military powers. confers the Governor the power to promulgate
an ordinance when the Legislative Assembly of
EXECUTIVE POWERS: the State is not in session. Notwithstanding the
 As per Article 154, the Constitution states that immediate effect of the law, it must be
the executive power of the State shall be presented in the next session in the State
vested in the Governor who can exercise them Legislature, and unless approved, remains
through directly or indirectly through active for a six-week period.
subordinate officers
POLITY BY RAJAT SIR

 The Governor lays reports of State Finance the Chief Minister’s demise without any
Commission, State Public Service Commission obvious successor.
and Comptroller and Auditor General relating
to the account of the State in the Legislative ARTICLE 200 AND 201
Assembly. ● It deals with the powers of the Governor with
 The Governor inaugurates the State Legislature, regard to assent given to bills passed by the State
outlining new administrative policies ofruling legislature and other powers of the Governor such
government at the first session every year. as reserving the bill for the President’s
consideration.
FINANCIAL POWERS
 The Governor constitutes the Finance Bill passed by the Legislature of a State, is
Commission to oversee financial positions of presented to the Governor, he has four options:
Panchayats and ○ He assents to the Bill
 Municipalities, and, in the case of any ○ He withholds assent
unforeseen circumstances, holds the power to ○ He reserves the Bill for the consideration of the
make advances out of the State Contingency President
Fund ○ He returns the Bill to the Legislature for
• A prior recommendation of the Governor is reconsideration.
necessary before the introduction of any
Money Bills or Demands for Grant The Governor of India enjoys:
• The Governor ensures that the annual financial ○ Absolute veto
statement or State Budget is laid before the ○ Suspensive veto (except on money bills).
State Legislature.
❖While it is true that Article 200 does not lay down
JUDICIAL POWERS: any time frame for the Governor to take action
• As per Article 161, the Governor can grant under this Article, it is imperative on the part of the
pardons, reprieves, respites or remission of Governor to exercise one of the options contained
punishments, or suspensions, remittances or therein.
commutes of sentences of those convicted of ❖A constitutional authority cannot circumvent a
an offence to which the executive power of the provision of the Constitution by taking advantage of
State extends an omission. The option mentioned in Article 200 is
• The Governor is consulted by the President, as meant to be exercised by the Governor without
well as the Chief Justice of India, in the delay.
appointment of the Chief Justice to the High ❖It is obvious that if the Governor does not exercise
Court, judges of the High and District Courts, any of those options he will not be acting in
their postings and promotions. conformity with the Constitution because non
action is not an option contained in Article 200.
DISCRETIONARY POWERS: ❖ The Constitution makers could never have
The Governor may recommend an imposition of the intended that the Governor could sit on a Bill
President’s Rule on the President’s behalf, and in passed by the legislature for as long as he wants
such circumstances, override the Council of and take advantage of the absence of any specific
Ministers and directly handle the workings of the time frame.
State. ❖In fact, the words used in Article 200 “... it shall be
• The Governor may exercise his function as the presented to the governor and the governor shall
administrator of adjoining Union Territory declare….” indicates that the Constitution requires
• The Governor holds the power to select the the Governor to act without delay upon the
Chief Minister should no political party win a presentation of the Bill.
majority in the Vidhan Sabha of the state, or in ❖The reason is obvious. The legislature passes a Bill
because there is an urgency about it. But if the
POLITY BY RAJAT SIR
Governor does not act, the will of the legislature is possible” with a message to reconsider the
frustrated. It is not the constitutional policy to proposed law. In case, the State Assembly reiterates
frustrate the legislative will as expressed through the Bill “with or without amendments”, the
the Bill. Governor has no choice or discretion, and has to
❖Therefore, in view of the mandatory provision in give his assent to it.
the proviso to Article 200, it is clear that the
Constitution does not permit the Governor to sit on Constitutional imperative of expedition: “The
a Bill after the Assembly re-submits it to him after substantive part of Article 200 empowers the
reconsideration. Governor to withhold assent to the Bill. In such an
event, the Governor must mandatorily follow the
Article 201 and Reserving the Bill : It pertains to course of action which is indicated in the first
‘Bills Reserved for Consideration of the President. proviso of communicating to the State Legislature
There is no timeline prescribed for the President to ‘as soon as possible’ a message warranting the
decide on the outcome of the Bill. The governor can reconsideration of the Bill...
also reserve the bill if it is of the following nature:
(i) Ultra-vires, that is, against the provisions of the The ultimate decision on whether or not to accept
Constitution. the advice of the Governor as contained in the
(ii) Opposed to the Directive Principles of State message belongs to the legislature alone. That the
Policy. message of the Governor does not bind the
(iii) Against the larger interest of the country. legislature is evident from the use of the expression
(iv) Of grave national importance. ‘if the Bill is passed again …with or without
(v) Dealing with compulsory acquisition of property amendments’.
under Article the Constitution.
The court held that the Bill should be sent back to
Examples: Such reservation is obligatory if the bill the Legislature “as soon as possible” with the
passed endangers the position of the state high mandatory message. It said the expression “as soon
court, is against the provisions of the Constitution. as possible” conveyed a “constitutional imperative
of expedition”..
JUDICIAL INTERPRETATION Purushothaman
Nambudiri vs State of Kerala (1962):The Supreme Veto Provisions: The Governor as the unelected
Court reaffirmed the procedural gap in the Head of State would be in a position to virtually
Constitution that, it does not impose any time limit veto the functioning of the legislative domain by a
within which the Governor should provide assent to duly elected legislature by simply declaring that
Bills. Supreme Court’s observations, arising out of assent is withheld without any further recourse.
the Telangana government’s petition, reminding
constitutional authorities that the phrase “as soon Such a course of action would be contrary to
as possible” appearing in Article 200 of the fundamental principles of a constitutional
Constitution contains significant “constitutional democracy based on a Parliamentary pattern of
content” would have driven into them a sense of governance. The Governor is under Article 168 a
immediacy in considering Bills. What the Court part of the legislature and is bound by the
meant was that it would be constitutionally constitutional regime,” the court held.
impermissible for Governors to indefinitely hold on
to Bills without conveying a decision. The court held that a Governor who chooses to
withhold a Bill without doing anything further
RECENT SUPREME COURT JUDGEMENT would be acting in contravention of the
On lines of Constitutional Provisions : Supreme Constitution.
Court has laid down the law that a Governor, in
case he withholds assent, should send back a Bill
forwarded to him by a State Legislature “as soon as
POLITY BY RAJAT SIR
CONTROVERSIES RELATED TO GOVERNOR’S ROLE: Important Judgements
❖ Undermines elected government: The ❖In Hargovind Pant v. Raghukul Tilak (1979), the
encroachment upon the legislature’s powers and Supreme Court affirmed that the “office of the
the elected government amounts to an abuse of Governor was not subordinate or subservient to the
Governor’s authority as a nominal head under the Government of India”.
Constitution. Commenting adversely on specific
policies of the state government. ❖In S.R. Bommai vs Union of India case (1994), the
❖The Governor office’s misuse to undermine duly Supreme Court said, “The office of the Governor is
elected State governments undermines democratic intended to ensure protection and sustenance of
processes and compromises one of the Basic the constitutional process of the working of the
Structure doctrine elements, i.e. federalism i.e., the Constitution by the elected executive.”
Governor of Kerala refused to convene a special
session of the Kerala Assembly that was intended to ❖The five-judge Constitution Bench of the Supreme
discuss the farmer protest in New Delhi. Court led by then Chief Justice J.S. Khehar in the
Nabam Rebia judgment of 2016 ruled that Article
❖More diplomatic than administrative: Both the 163 does not give Governors a “general
manner of the appointment and the uncertainty of discretionary power” as is often misunderstood.
tenure conspire to make the incumbent an object of “The area for the exercise of his (Governor)
the Central government in politically charged discretion is limited. Even this limited area, his
circumstances. choice of action should not be arbitrary or fanciful.
❖ Biased towards centre: There have been It must be a choice dictated by reason, actuated by
numerous instances of the Governor's position good faith and tempered by caution.”
being abused, usually at the request of the Centre's
ruling party. The procedure of appointment has ❖In Government of NCT of Delhi v. Union of India
been the root of the problem in most cases. case(2018), then Chief Justice of India, Dipak Misra,
clarified that democracy and federalism are firmly
❖ Ideology based appointments: The central imbibed in India’s constitutional ethos while
government has appointed politicians and former reiterating that democracy requires the constant.
bureaucrats who identify with a particular political
ideology as Governors in several cases. It is contrary RECOMMENDATIONS RELEVANT TO OFFICE
to the constitutionally mandated neutral seat and GOVERNOR:
appears to have resulted in bias, as seen in ❖Qualification and appointment for governor:
Karnataka and Goa. ✓The Punchhi commission recommended that the
person who is slated to be a Governor should not
❖Misuse of Article 356: A Governor's request for have participated in active politics at even local
President's Rule (Article 356) in a state has not level for at least a couple of years before his
always been based on 'objective material,' but appointment.
rather on political whim or fancy. The Governors ✓Sarkaria Commission had also recommended that
Committee (1971) laid down the responsibility on governor be an eminent person and not belong to
the governor to see that the administration of the the state where he is to be posted.
State does not breakdown due to political instability ✓ State chief minister should have a say in the
and he must send a regular report about the appointment of governor.
political situation of the State. However, the ✓Appointment of governor should be entrusted to
imposition of President’s rule (Article 356) in case of a committee comprising the Prime Minister, Home
breakdown of constitutional machinery in a State Minister, Speaker of the Lok Sabha and chief
has been frequently misused by the central minister of the concerned state.
government. The Vice- President can also be involved in the
process.
POLITY BY RAJAT SIR

❖Governor discretionary power should be limited: for criticism that they challenge elected regimes.
The Supreme Court in the Nabam Rebia judgment Examine (250 words).
(2016) ruled that the exercise of Governor’s
discretion Article 163 is limited and his choice of 3. Constitutional functions should not be held hostage
action should not be arbitrary or fanciful. It must be to personal differences".Analyse in the context of
a choice dictated by reason, actuated by good faith Article 200 and the position of Governor in State
and tempered by caution. and suggest suitable measures to resolve the
existing tussle in order to facilitate cooperative
❖ Amend president’s rule provision: The federalism in India.(250 words).
Rajamannar Committee (1971) recommended the
deletion of Articles 356 and 357 from the
constitution of India. The necessary provisions for
safeguards against arbitrary action of the ruling
party at the Centre under Article 356 should be
incorporated in the constitution.
✓The Sarkaria Commission (1988) recommended

that Article 356 should be used in very rare cases
when it becomes unavoidable to restore the
breakdown of constitutional machinery in the State.
The commission recommended that before taking
action under Article 356, a warning should be issued
to the state government that it is not functioning
according to the constitution.
✓ "Justice V.Chelliah Commission" (2002)

recommended that Article 356 must be used
sparingly and only as a remedy of the last resort
after exhausting all actions under Articles 256, 257
and 355.
✓The "Punchhi commission" recommended that

these Articles 355 & 356 be amended. It sought to
protect the interests of the States by trying to curb
their misuse by the Centre.
MAINS MODEL QUESTIONS

1. The governor has been made only a nominal
executive; the real executive constitutes the council
of ministers headed by the chief minister. In this
context provision under Article 163 of the Indian
constitution is being intensively debated nowadays.
Elucidate. (250 words).
2. Confrontation between the elected government

and the State Governor on the question of giving
assent to the state legislature's bill, time and again
flags the concern. Governors should leave no scope
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POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

Introduction  Expression of Ideology: it reflects the

Functions of the Constitution:

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR

POLITY NOTES BY RAJAT SIR