Council of Ministers v Two articles - Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers. V Where article 74 mentions that the council will be headed by the Prime Minister of India. article 75 mentions the following things ¥ They are appointed by the President on the advice of Prime Minister v They along with the Prime Minister of India form 15% of the total strength of the lower house. (number cannot exceed 15%)Vv A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive months. v Parliament decides the salary and allowances of the council of ministers. Types of Ministers Indian Constitution does not categorize ministers into ranks, however, in practice seen in India, ministers are of four types: Cabinet Ministers - He is present and he participates in every meeting of the Cabinet. Minister of State with independent charge-He is a Minister of State who does not work under a Cabinet Minister. When any matter concerning his Department is on the agenda of the Cabinet, he is invited to attend the meeting.Minister of State-He is a Minister who does not have independent charge of any Department and works under a Cabinet Minister. The work to such Minister is allotted by his Cabinet Minister. Deputy Minister-He is a Minister who works under a Cabinet Minister or a Minister of State with independent charge. His work is allotted by the Minister under whom he is working. Council of Ministers performs Formulation of Policies Y The Ministers formulate the policies of the government. The Cabinet takes decisions on all major problems-public health, relief to the disabled and unemployed, prevention of plant diseases, water storage, land tenures and production, supply and distribution of goods. Yuhen it has formulated a policy, the oes appropriate department carries it out.Administration and Maintenance of Public Order v The executive power is to be exercised in such away as to ensure compliance with State laws. ¥ The Constitution empowers the Governor to make rules for the more convenient transaction of the business of the Government. Y All such rules are made on the advice of the Council of Ministers. v The Governor has the power to appoint the Advocate-General and the Members of the State Public Service Commission. ¥ The Vice-Chancellors of the State Universities and members of various Boards and Commissions are all appointed by the Governor. v The Governor cannot make these appointments at his will. He must exercise these functions on the advice of his ministers.Guiding the Legislature Y Most of the Bills passed by the Legislature are Government Bills, prepared in the ministries. Y They are introduced, explained and defended in the State Legislature by the Ministers. Y The Cabinet prepares the Governor’s Address in which it sets forth its legisletive programme at the commencement of the first session of the Legislature each year. Control over the State Exchequer (&@Qi60tT) Y The State budget containing the estimates of income and expenditure for the ensuing year is placed by the Finance Minister before the State Legislature. Y The Legislature cannot take the initiative in the case of a Money Bill. v Such a Bill must be recommended by the Governor and can be introduced only by a Minister. MONEY ir) BIL eee?Execution of Central Laws and Decisions of the Union Government v The Union Government is empowered to give directions to the State-governments in certain matters. V The States should exercise their executive power so as to ensure compliance with the laws made by Parliament. v They should not do anything which would hamper (GEOL) the executive power of the Union. Vv Railways, for instance, is a Union subject, but police, including railway police, is a State Subject. ¥ The Union Government can give directions to the State Executive as to the measures to be taken for the protection of railways within the State.LOK SABHA S RAIYA SABHA v The Parliament in India is constituted by three components namely the President of India, the Lok Sabha and the Ratya Sabha. v The President of India heads the parliament of the country. Y Once the members of the Lok Sabha also known as MPs are elected during a general elections, they take charge. v The Lok Sabha operates for five years unless it is dissolved earlier for some reason.v The number of Lok Sabha seats allotted for a state depends on the population. v The main function of the Lok Sabha is to pass laws. No bill can become a law in the country if the Lok Sabha does not pass it. ¥ Both general and money bills can be introduced in the Lok Sabha. Vulhen a joint sitting of the Lok Sabha and Rajya Sabha is called for when the country needs to take a crucial decision, the will of the Lok Sabha will prevail. v The power to sanction the government expenditures (Qeeveyee) entirely rests with the Lok Sabha. Y All the bills related to seeking an amendment in the constitution must be passed in the Lok Sabha. Y The other important functions of the Lok Sabha. include electing the President and Vice- president of the country, impeachment of the president, removing the judges of the High Courts and Supreme Court, and approving the emergency proclamations (LNJ&Leormeer).Y The Lok Sabha and Rajya Sabha are the two houses of the parliament. ¥ The Lok Sabha is known as the lower house of the parliament while the Rajya Sabha is the upper house of the parliament. Y These two houses of the Indian parliament differ in terms of their nature, power, processes and functions. LOK SABHA “Lok Sabha is defined as the house of people wherein several bills and laws are passed for a better running of the nation. The time period of Lok Sabha is of five years. The Lok Sabha dismisses after this time. The common people elect the members of the parliament (Lok Sabha) through the voting process. “The total number of members in Lok Sabha ranges from 500 to 600.“For becoming a member of the Lok Sabha, a person has to be 25 years of age. ‘*The representative of Lok Sabha is the speaker of Lok Sabha. “The Lok Sabha is more powerful and Lok Sabha has a significant role in legislation (LL). RAJYA SABHA On the other hand, Rajya Sabha is defined as the upper house of the parliament that protects the rights of several states. Rajya Sabha members are elected by the people of various assemblies of several states and union territories. “The total number of members in the Rajya Sabha ranges from 200 to 250. “For becoming a member of the Rajya Sabha, the minimum age required is of 3@ years.Y The Vice-President is the representative of Rajya Sabha. v Rajya Sabha is less potent than Lok Sabha. V Raiva Sabha has special rights and powers to protect the rights of several states and union territories. v The Lok Sabha elects two of its members as Speaker and Deputy Speaker. v When the Officer of Speaker is vacant the Deputy Speaker performs the duties the Speaker’s office (Art. 93). V However, if the office of Deputy Speaker is also vacant, the duties of Speaker shall be performed by such member of the House as the President may appoint for the purpose (Art. 95(1)).v The Deputy Speaker also acts as the Speaker when the Speaker is absent from any sitting of the House. Y If, however, he is also absent, such person as may be determined by the rules of the Houses and if no such person is present such other person as may be determined by the House shall act as Speaker (Art. 95 (2)). Powers of Speaker of Lok Sabha ¥ The Speaker presides over the meetings within the House. Y Making assure discipline and decorum (QIEOMISMLD) amongst its members. Y He/she guards the rights and privileges of the members of the house, deciding who ought to speak at what time, the questioning to be asked, the order of proceedings to be followed, among cthers.v A Speaker uses his/her power to vote, so as to resolve a stalemate. v That is, when the House initiates a voting procedure, he does not cast a vote in the first instance. V However, when the two sides receive equal number of votes, the Speaker’s vote is employed to resolve the impasse. vit is the duty of the Speaker to adjourn the House or to suspend any meeting, till the quorum is met. vThe Speaker decides the agenda that has to be mentioned during a meeting of the Members of the Parliament. v The Speaker of the Lok Sabha administers over a joint sitting of the two houses of Parliament. v Once a money Bill is transmitted from the Lower House to the Upper House, the Speaker is exclusively accountable for endorsing his or her certificate on the Bill.Y Besides heading the Lok Sabha, the Speaker is also the ‘ex-officio’ President of the Indian Parliamentary group. Y He/she additionally acts within the capacity of Chairman of the Conference of Presiding Officers of Legislative Bodies in India. YAs a part of the Speaker’s administrative role, he or she is the head of the Lok Sabha. Secretariat, maintaining absolute security surveillance (SHTSMSOMLIY) within the Parliament. v The Speaker has under his or her jurisdiction, variety of Parliamentary Committees like the rules Committee, the Business advisory Committee and also the General purposes Committee. v The Speaker nominates the varied Chairmen of these Committees, similarly as appearance into the procedural hindrances of the workings of those Committees, if any.Powers of Chairman of Rajya Sabha v As the Chairman of the Rajya Sabha, the Vice- President presides over the meetings of the House. v As the Presiding Officer, the Chairman of the Rajya Sabha is the unchallenged guardian of the prestige and dignity of the House. V He is also the principal spokesman of the House and represents the collective voice to the outside world. Vv He ensures that the proceedings of the House are conducted in accordance with the relevant constitutional provisions, rules, practices and conventions and thet decorum is maintained in the House. YHe is the guardian of the rights and privileges of the House and its members. ¥ The Chairman’s rulings cannot be questioned or criticised and to protest against the ruling of the Chairman is a contempt of the House.Vv Due to several pressing and urgent engagements and preoccupations as Vice-President he may not be able to devote full time as Presiding Officer of the Rajya. Sabha, but in practice he presides during the first hour of the sitting of the House which is the Question Hour. v The Deputy Chairman presides over the Rajya. Sabha in the absence of the Chairman and performs the duties of the office of the Chairman if the Vice-President is acting as President or if there is a vacancy in the office of the Vice-President.