CONSTITUTION NOTES

3RD MODULE
UNION EXECUTIVE
PRESIDENT
The first and foremost part of the Executive is the President. Article 52 states
that there shall be a President of India. The President is considered the
Executive head of the country. All the Executive business of the country is
carried out in the name of the President.

Election of President: Article 54

So, if you think that who would vote for you in the Presidential elections? 

The answer lies in Article 54 of the Constitution. It deals with provisions
relating to the election of the President. It says that the President must be
elected by the members of an electoral college. The electoral college consists of
the elected members of both Houses of Parliament and the state Legislative
Assemblies.

Mode of Voting

As per Article 55(3) of the Constitution of India, the election of the President

should be held according to the system of proportional representation by means
of a single transferable vote. The voting at the presidential election shall be by
secret ballot.

REMOVAL OF PRESIDENT : ARTICLE 61

The President of India can be impeached under Article 61, for the violation of
the Constitution, on the basis of charges preferred by either House of
Parliament. 

A resolution with the proposal to prefer such charges must be signed by at least
one-fourth of the total members of the house. The resolution also needs to be
passed by at least two-thirds majority of the house.
When the resolution is passed by one of the Houses, the other House must
investigate the charges. The President has been granted the right to be present or
to be represented in such investigations.

When the House investigating the charges passes the resolution by a two-thirds
majority and declares the charges as sustaining, it results in removing the
President from his office from the date of passing of the resolution.

Condition of President’s Office: Article 59

The eligibility to become the President might seem simple but the conditions his
office are quite strict. Article 59 of the Indian Constitution talks about the
conditions of the President’s office. It says:

 The President cannot be a member of either House of Parliament or of

any other House of the Legislature of any State.
 If he is a member of either House of Parliament or a member of a
House of the Legislature of any State, he will need to vacate his seat in
that House on the date of entering into his office as President.
 The President shall not hold any other office of profit.
 The President shall be authorized to the use of his official residences
without rent.
 He shall be also authorized to emoluments, allowances, and privileges
determined by Parliament.
 The emoluments and allowances of the President cannot be diminished
or reduced during his term of office.

Powers of the President

The President of India is provided with a wide range of power that we will
discuss one by one. Let’s start with the most interesting and important power
i.e. the executive powers.

Executive powers

Article 53 of the Indian Constitution states that all the executive powers of the
Union will be vested in the President of India. President is allowed to exercise
his executive powers through officers subordinate to him, directly or indirectly,
in consonance to the provisions of the Constitution.
Under this article, the President has powers regarding:

 Appointment of the high authorities of the Constitution like the Prime

Minister and the Council of Ministers;
 Right of being informed about all the national affairs;
 Appointment of the judges of the constitutional courts(Supreme Court
and High Courts);
 Appointment of the state Governors, the Attorney General, the
Comptroller, and Auditor General, the Chief Commissioner and
members of the Election Commission of India;
 Administration of Union territories and appointment of the Chief
Commissioners and Lieutenant Governor of the Centrally
Administered Areas;
 Removal of the Council of Ministers, the state Governors, the Attorney
General.

Military powers

Article 53 also states that the President shall be the Supreme Commander of all
the Armed Forces of the Union of India. It also states that no specific provisions
can reduce the scope of this general principle.

As the Supreme Commander of the Armed Forces of the Union, President has
powers regarding:

 Appointment of all the officers, including the appointment of the

chiefs of the forces;
 Wars are waged in the name of the President;
 Peace is concluded in the name of the President.

Diplomatic powers

The President forms the face of Indian diplomacy and helps the nation to
maintain cordial relationships with countries across the globe. 

 All the Ambassadors and high commissioners in foreign nations are

his representatives;
  He receives the credentials of the Diplomatic representatives of other
nations;
 Prior to ratification by Parliament, the treaties and agreements with
other nations, are negotiated by the President.

Legislative powers

The President also enjoys certain legislative powers like:

 During the budget session, the President is the first to address the
Parliament;
 The President is empowered to summon a joint session in order to
break the deadlock in the legislation process between the two Houses
of the Parliament;
 President sanction is mandatory in cases of provisions relating to: 

1. creating a new state;

2. changes in the boundary of existing states;
3. a change in the name of a state.

 Legislative provisions relating to fundamental rights of the citizens of

India require the President’s consent;
 President’s consent is mandatory in cases of money bill originating in
Lok sabha;
 President’s consent is necessary for all the bills passed by the
Parliament to become a law;
 President is empowered to promulgate ordinances when the Parliament
is not in session;
 President also nominates the members of both the Houses.

Ordinance making power of the President: Article 123

Article 123 talks about the presidential powers to promulgate ordinances. An

ordinance can be promulgated if:

 neither of the House of the Parliament is in session;

 and the President feels a need for immediate action.
The ordinance which is promulgated by the President will have the same effect
as that of an act or law of the Parliament.

The essential conditions to be met by an ordinance are:

 It shall be presented before both the Houses of Parliament for passing

when it comes to the session;
 The ordinance shall cease to operate six weeks after the date of
reassembling of the parliament;
 The ordinance may also expire if the resolutions disapproving it are
passed by both the Houses of Parliament;
 It can be withdrawn at any time by the President;
 The ordinance must be in consonance to the Constitution of India else
it shall be declared void.

Financial Roles

 President receives reports of the Finance Commission and acts on its

report.
 The Contingency Funds of India are at the disposal of the President.
 He also causes the presentation of audits in the Parliament.

Judicial powers

The President enjoys the following privileges as his judicial powers:

 He can rectify the judicial errors;

 He exercises the power of grant of pardons and reprieves of
punishments;
 President can seek the advice of Supreme Courts on:

1. Legal matters,
2. Constitutional matter,
3. Matters of national importance.
Pardoning power: Article 72

Article 72 provides for the provisions relating to the pardoning powers of the
President. President can grant pardons, respites, reprieves, and remissions of
punishments or remit suspend or commute the sentence given to a person by the
court in the following cases:

 When the sentence is granted through a court-martial;

 When the sentence or punishment is given for offense of violation of
any law relating to matters that fall in the ambit of Union’s executive
powers;
 When a death sentence is passed by a court.

Clemency Power not unbridled

Unbridled Ness of the pardoning powers of the president has always been a
highly debated issue. Supreme Court in various cases has laid down provisions
for exercising control over the pardoning powers of the Executive.

In Maru Ram Etc. Etc v Union of India, Supreme Court held that pardoning
power under Article 72 is to be exercised by the President, on the advice of
Central Government and not on his own will and that the advice is binding on
the head of the Republic.

In Dhananjay Chatterjee alias Dhana v State of West Bengal, the Supreme

Court reiterated the same.

Nature of Pardoning Power

Indian Presidents are known for the generous grant of pardons. Pardon is an act
of grace and not a form of a right to be demanded by any person. Unlike the
Constitutional provision, Pardon is granted by the executive as a whole and not
by the President alone. This is done as it is necessary for the President to act on
the aid and advice of the Council of Ministers.

A pardon completely sets free an offender of all his guilt. A full pardon makes
the person innocent in the eyes of law as if he has never committed a crime. It
gives him the identity as that of a new man with a new set of capacities.
The pardoning power comes with discretion on the part of the President. The
practice to confer the right of pardon on some authority has long existed. It is
also practised in other countries, for example, the U.S. Constitution prescribes
for the power of pardon to the President whereas, In the United Kingdom, the
same is conferred to the Crown.

Pardoning Power: subject to judicial review 

The question that arises is whether the pardoning power of the president can be
brought under the judicial review. Can the judicial review of such an order be
done? What could be the grounds for judicial review of such orders?

In Kuljit Singh Alias Ranga Vs Lt. Governor of Delhi & Ors  the court held that
the pardoning powers of the president

under Article 72 can be examined according to the facts and circumstances of

each case. The Court has the power of judicial review even on a matter which
the Constitution has vested solely in the Executive.

The most significant case of Kehar Singh And Anr. Etc Vs. Union of India And
Anr. dealt with the concept of judicial review of the President’s pardoning
power on grounds of its merit. In this case, the Supreme Court held that

The terms and history of Article 72 as well as the specific guidelines and case
laws relating to Article 72 clearly indicate that the ambit of Article 72 very
wide. The powers under this article cannot be clearly defined or channelized
with specific guidelines. The term “pardon“ itself signifies it to be discretionary.
Hence, the grant or rejection of pardons cannot be reasoned and the order of
President cannot be brought under judicial review with respect to its merits.

Whereas In Epuru Sudhakar Case, where a Congress activist faced ten years in
prison in connection with the killing of two persons including a TDP activist.
His punishment was remitted by the Governor of Andhra Pradesh. Contentions
were raised regarding the immunity of the pardoning power. The  Supreme
Court bench stated that the exercise of pardoning powers would be subject to
judicial review by the court against the maintenance of Rule of Law.

Exercising powers of clemency is a matter of discretion but still subject to

certain standards and not a matter of privilege. The power of executive
clemency is a matter of performance of official duty and not only for benefiting
the convict. During exercising such powers the President must also consider the
effect of his decision on the family of the victims, the society and the precedent
it sets for the future.

Thus this judgment settled position of law that immunity from the judicial
review can not be granted to the President for exercise or non-exercise of the
pardoning power.

Emergency Powers
Article 352 of the Constitution of India grants President, three kinds of
emergency powers as well:

 When a National Emergency is declared in case of external aggression

or internal armed rebellion, the President holds the powers to declare a
state of emergency. Thus the President’s rule gets established in the
country. However, the prime minister and the Council of Ministers
must recommend such an emergency;
 When there exists a constitutional or law and order breakdown
situation in a state, the President may declare a state of emergency in
such cases. The state would then come under Governor’s rule;
 Whenever the financial stability of the nation or any country is
seriously affected, the President has the right to intervene and direct
the state to check and maintain public expenditure.

The Council of Ministers 

Article 74 of the Indian constitution states that:

 There should be a Council of Ministers to aid and advise the president;

 The Council of Ministers must have a Prime Minister at the head to aid
and advise the President;
 The President should exercise his functions and act in accordance with
advice rendered by the Council of Ministers;
 The Council of Ministers should reconsider any advice sent back by
the President;
 The President is bound to act in accordance with the advice tendered
by the Council, after reconsideration.
The COM consists of three categories of ministers, namely, cabinet
ministers, ministers of state, and deputy ministers. At the top of all these
ministers stands the Prime Minister.

Cabinet Ministers: These head the important ministries of the Central

government like home, defence, finance, external affairs and so forth.
Cabinet is the chief policy formulating body of the Central government.
Ministers of State: These can either be given independent charge of
ministries/ departments or can be attached to cabinet ministers.
Deputy Ministers: They are attached to the cabinet ministers or ministers
of state and assist them in their administrative, political, and parliamentary
duties.
At times, the COM may also include a deputy prime minister. The deputy
prime ministers are appointed mostly for political reasons.
Constitutional Provisions:

Article 74 (COM to aid and advise President): The advice tendered by

Ministers to the President shall not be inquired into in any court.

The President may require the COM to reconsider such advice and the

President shall act in accordance with the advice tendered after such
reconsideration.
Article 75 (Other Provisions as to Ministers): The PM shall be appointed
by the President and the other Ministers shall be appointed by the President
on the advice of the PM.

The total number of ministers, including the Prime Minister, in the COM

shall not exceed 15% of the total strength of the Lok Sabha.

This provision was added by the 91st Amendment Act of 2003.

A minister who is not a member of the Parliament (either house) for
any period of six consecutive months shall cease to be a minister.
Article 77 (Conduct of Business of the Government of India): The
President shall make rules for the more convenient transaction of the business
of the Government of India, and for the allocation among Ministers of the
said business.
Article 78 (Duties of Prime Minister): To communicate to the President all
decisions of the COM relating to the administration of the affairs of the
Union and proposals for legislation.
Article 88 (Rights of Ministers as Respects the Houses): Every minister
shall have the right to speak and take part in the proceedings of either House,
any joint sitting of the Houses and any Committee of Parliament of which he
may be named a member. But he shall not be entitled to vote.

APPOINTMENT OF COUNCIL OF MINISTERS

Article 75 of the Indian Constitution mentions that a Prime Minister is one who
is appointed by the President. There is no specific procedure for his election or
appointment.

CONDITIONS OF COUNCIL OF MINISTERS

Formation Of Council Of Ministers

 The process of formation of the Council of Ministers begins with

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

Qualification
Qualification Of Council Of Minister

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

 If a person who is not a member of either House of the Parliament is
appointed as a Minister, he shall cease to be a minister after six
months unless in the meanwhile Minister has to get himself/herself
elected to either House of Parliament within six months.

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

Participation in proceedings
Participation Of Council Of Minister In Parliamentary Proceeding

 The Ministers may be chosen from members of either House.

 A Minister who is a member of one House has a right to speak in and to
take part in the proceedings of the other House though he has no
right to vote in the house of which he is not a member.

Salary
Salary Of Council Of Minister

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

Strength
Strength Of Council Of Ministers

 Its size and classification are not mentioned in the Constitution.

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

Term of Office
Term Of Office Of Council Of Ministers

 Ministers are appointed by the President and remain at his pleasure.

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

FUNCTIONING OF COUNCIL OF MINISTERS

Power Of Council Of Ministers

Executive Power

 The Council of Ministers exercises all of the President of India's

executive functions.
 The Cabinet develops the policies that will be presented to Parliament for
approval. It obtains Parliamentary approval for these measures and then
implements them. It manages the Union's administration in accordance
with authorized policies. All government departments are coordinated
and controlled by the Cabinet/Prime Minister. The Cabinet is in charge of
formulating foreign policy as well as all domestic policies deemed
important for the country's overall development.
 The Council of Ministers is collectively responsible to the Lok Sabha
for all of its policies and decisions. Any failure on any front could lead
to the ministry's demise.

Emergency Power

 The President always acts on the recommendation of the Prime

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

Legislative Power

 Despite the fact that the Union's legislative powers are in the hands of
Parliament, the Council of Ministers plays an essential role in the
legislative process. Ministers are members of the Parliament as well as
heads of government ministries. They participate fully and actively in the
legislative process.
  They are the ones who introduce and pilot the majority of the bills. The
Parliament spends 95 percent of its time dealing with governmental
business, which is overseen by ministers. Because the ministry has the
backing of the majority in Parliament, a measure that is not backed by the
Council of Ministers cannot be passed.
 If the Lok Sabha passes a bill that the Council of Ministers does not
support or rejects a bill that the Council of Ministers supports, or rejects
the Cabinet's budget, it is considered a vote of no confidence in the
government, and the whole Council of Ministers resigns. While doing so,
the Prime Minister/Cabinet might recommend to the President that the
Lok Sabha be dissolved.

Responsibility Of Council Of Ministers

Collective Responsibility

 The basic principle of Parliamentary or Cabinet form of Government on

the principle of collective responsibility. Collective cabinet responsibility
refers to the accepted conduct of Government Ministers as a part of the
Cabinet. In England, it works on well-established conventions. In India,
this principle is ensured by making specific provisions in the
Constitution.
 Article 75(3) states that “the Council of Ministers is collectively
responsible to the House of the People.”
 Confidence of the House- A government can remain in office for so long
as it retains the confidence of the House of People, confidence which can
be assumed unless and until proven otherwise by a confidence vote. So, if
a decision of a particular Ministry on a policy matter is defeated in a Lok
Sabha, it is not the Minister who resigns, but the whole Council of
Ministers resign. The Council of Ministers sinks and swims together. It
stands or falls together.
 The individual Minister may have differences among themselves on
certain issues, but once a decision is taken by Cabinet, it becomes the
joint decision of all the Ministers. It is the duty of each and every
Minister to stand by it and support it in Parliament and outside.
 If any minister disagrees with a cabinet decision and is not prepared to
defend it, he must resign.
 In 1953, B.R. Ambedkar resigned due to disagreements with his
colleagues over the Hindu Code Bill.
 Due to his objection to the Muslim Women (Protection of Rights on
Divorce) Act of 1986, Arif Mohammed resigned.
  The basic idea behind the principle of collective responsibility is to
provide unity and homogeneity to the Cabinet so that the functioning of
the Government is not retarded.

Individual Responsibility

 Though the Ministers are collectively responsible to the Lok Sabha, they
shall be individually responsible to the Head of the State i.e., President.
 Article 75(2) declares that the Ministers shall be liable to be removed by
the President at any time.
 However, since the President has to act on the advice of the Prime
Minister, in practice, this power is exercised by the Prime Minister. The
Prime Minister ask the Minister to resign.

No Legal Responsibility

 The system of legal responsibility is not prescribed in the Indian

Constitution.
 In the UK the monarch cannot do any public act without the counter
signature of a minister who is legally responsible for the act. If the act
violates the law, the minister is responsible in a court of law.
 In India, an order of the President for a public act should not be
countersigned by a minister. It is left to the President to make rules as to
how his orders are to be authenticated.
 Further the courts are barred from inquiring into the nature of advice
rendered by the ministers.

Position of the Council of Ministers

 In the Indian political system, the Council of Ministers has a significant

and central role as the real and powerful executive.
 The Council of Ministers really exercises all of the President of India's
powers.
 The Cabinet is the most powerful entity in the Council of Ministers. All
of these powers are exercised by the central institution. The Cabinet is in
charge of directing, supervising, and controlling the creation of national
policies as well as the administration's operations.
 As the maker of all policies, the director of administration and the
supreme coordinator of government activity, the Cabinet enjoys an
enviable position. It is indeed the steering wheel of the ship of the state. It
is the centre of power and the most powerful institution of the Indian
political system.
Judgement related to Council of Ministers

 In S.R. Chauhan vs State of Punjab (2001), Supreme Court held that a

non-member cannot be re-appointed without being elected. However, a
Non-member can also become a part of the council of ministers for a
maximum of 6 months.
 The oath by Devi Lal as Deputy Prime Minister in 1990 was
challenged as being unconstitutional as the Constitution provides only
for the Prime Minister and other ministers.
 The Supreme Court upheld the oath as valid and stated that describing a
person as Deputy PM is descriptive only and such description does not
confer on him any powers of PM.
 SC ruled that the description of a minister as Deputy Prime Ministers or
any other type of minister such as minister of state or deputy minister of
which there is no mention in the Constitution does not vitiate the oath
taken by him so long as the substantive part of the oath is correct.

Dismissal of the Cabinet

The Cabinet of Minister dissolves if:

 The Prime Minister asks the President of India to dissolve the Cabinet;
 The Prime Minister advises the President to dissolve entire Lok Sabha
to conduct fresh elections;
 If the Prime Minister resigns from his post;
 The cabinet automatically dissolves after the death of the Prime
Minister.

Appointment of Prime Minister

The Prime Minister of India is appointed by the President through provisions
under Article 84 and Article 75. Prime minister is the leader of the majority
party or coalition of parties of Lok sabha. When a party achieves majority the
leader of that party is called upon by the President to be the Prime Minister of
the country. He is considered as the real head of the country. 

CONDITIONS OF PRIME MINISTER

 Who is eligible to be a Prime Minister?
To become an Indian prime minister one has to be

 A citizen of India.
 A member of either Rajya Sabha or Lok Sabha
 He should have completed his 30 years if he is a member of the Rajya
Sabha or can be 25 years of age if he is a member of the Lok Sabha.

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the
Prime Minister is treated at a much higher pedestal. His preeminence rests on
his commanding position in the Cabinet, coupled with fact that he is the leader
of the majority party.
All these positions of power when combined in one person make him rank
much above an ordinary Minister. The death or resignation of the Prime
Minister automatically brings about the dissolution of the Council of Ministers.
It generates a vacuum. The demise, resignation or dismissal of a Minister
creates only a vacancy which the Prime Minister may or may not like to fill.
The Government cannot function without a Prime Minister but the absence of a
Minister can be easily compensated.

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship
both Prime Minister and the President share with each other. The articles are:

 Article 74
 Article 75
 Article 78
Articles Relationship between Prime Minister and the President

 74 Mentions how the Prime Minister and President are both connected with the
council of ministers. The Council with PM as head advise President on various
issues.

75 Mentions three things:

 President appoints PM and other ministers are appointed by the President

on the advice of the PM.
  Ministers hold their office during the pleasure of the President.
 Council of Ministers is collectively responsible to the Lok Sabha.

78 PM communicates all decisions made by the council of members to the

President. President can also refer issues for the consideration of the council of
members

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He
performs his functions taking responsibilities as:

 The leader of Country: The Prime Minister of India is the Head of the

Government of India.
 Portfolio allocation: The Prime Minister has the authority to assign
portfolios to the Ministers.
 Chairman of the Cabinet: The Prime Minister is the chairman of the
cabinet and presides the meetings of the Cabinet. He can impose his
decision if there is a crucial opinion difference among the members.
 Official Representative of the country: Prime minister represents the
country for high-level international meetings
 The link between the President and the Cabinet: The Prime Minister
acts as the link between President and cabinet. He communicates all
decisions of the Cabinet to the President which is related to the
administration of the affairs of the Union and proposals for legislation.
 Head: The Prime Minister is the head of Nuclear Command Authority,
NITI Aayog, Appointments Committee of the Cabinet, Department of
Atomic Energy, Department of Space and Ministry of Personnel, Public
Grievances and Pensions.
 Chief Advisor: He acts as the chief advisor to the President

Who is Attorney General of India?

Article 76 of the constitution mentions that he/she is the highest law officer of
India. As a chief legal advisor to the government of India, he advises the union
government on all legal matters.
He also is the primary lawyer representing Union Government in the Supreme
Court of India. The Attorney General, like an Advocate General of a State, is
not supposed to be a political appointee, in spirit, but this is not the case in
practice.

Appointment of the Attorney general of India

The president of India appoints the attorney general. The President takes advice
from the cabinet of ministers for the same. Specific requirements that the person
must fulfil to be set as the attorney general are:
 He must be an Indian citizen
 He must have the qualifications required to be a judge in the supreme
court.
 He must have been a judge of the high court for a duration of 5 years.
 He can also be an advocate in the high court for a tenure of 10 years.
 He can also be an eminent jurist for the president

CONDITIONS OF ATTORNEY GENERAL OF INDIA

What is the term of Attorney General’s office?

There is no fixed term for the Attorney General of India. The Constitution
mentions no specified tenure of Attorney General. Similarly, the Constitution
also does not mention the procedure and ground of his removal.

1. He can be removed by the President at any time

2. He can quit by submitting his resignation only to the President
3. Since he is appointed by the President on the advice of the Council of
Ministers, conventionally he is removed when the council is dissolved or
replaced.

FUNCTIONING OF ATTORNEY GENERAL OF INDIA

Article 76(2) and (3) defines the functions and duties of the Attorney General of
India. Article 76(2) states that:

 Attorney General can give advice to the Government of India

regarding legal matters assigned to him by the President;
 He must also perform other duties of any legal character that are
assigned to him by the President;
 He also has to discharge the functions given to him by the Constitution
or any other legislation.
Whereas Article 76(3) states that in the performance of his official duties:
  The Attorney General can appear on behalf of the Government of India
in the Supreme Court, in cases where the Government of India is a
party concerned;
 He also has to appear on behalf of the government, in regards to
references made by the President before the Supreme Court under
Article 143 of the Constitution;
 He has to appear on behalf of the government in any case in the High
Court, where the Government of India is a party in concern.

STATE EXECUTIVE

The State Executive consists of the Chief Minister, the Council of Ministers and
the Governor. It has the same Parliamentary pattern as followed by the Union
Government with the upper hand being given to the Union in certain matters.
This has been done to maintain the unitary spirit of the structure of the country.
The Governor plays the twofold role of being the constitutional head at the
stage level as well as being a link between the state government and the centre.
He/She acts on the advice of the Council of Ministers and all executive actions
are taken in his name. This article extensively studies the relation between these
various state functionaries, the distribution of power between them and their
accountability. 

The Governor
Article 153 of the Indian Constitution provides for every State to have a
Governor. Just like the President is the nominal head of the republic, the
Governor is the nominal head of a state. This means that he/she has powers and
functions similar to the President of India but operates at the state level, with the
real power lying in the hands of the State Chief Minister and his/her council of
ministers. Further, the 7th Constitution Amendment Act of 1956 has added a
provision under Article 153 which provides for the same person to act as the
Governor of two states simultaneously. The term of office of the Governor is 5
years. 

APPOINTMENT OF GOVERNOR

 The Governor is appointed by the President under the warrant under his
hand and seal.
 Before taking office, the governor must take an oath or affirmation and
sign it.
  The governor's oath of office is administered by the chief justice of the
relevant state high court, or, in his absence, the senior-most judge of that
court available.
 Every person discharging the functions of the governor also undertakes
the similar oath or affirmation.
 The Governor can be appointed for two or more states as well. For
example: Prabha Rau served as the Governor of Rajasthan and Governor
of Himachal Pradesh between 2009-2010.
 Similarly, E.S.L Narasimhan served as a Governor of Telangana and
Andhra Pradesh between 2014-2019.
 When the same person is appointed as governor of two or more states, the
states share the emoluments and allowances payable to him in the
proportion established by the president.
 During his time of office, his emoluments and allowances cannot be
reduced.

Criteria For Governor Appointment

In order to become a Governor, one has to meet the following set of criteria:

 He/she must be a citizen of India;

 He/she should be at least 35 years;
 He/she cannot hold any office of profit during his tenure
 He/she must not be a Member of Parliament or a Member of any state
legislature at the time of appointment.

Tenure/Removal of Governor
 Article 156 states that:
o The governor holds for a term of 5 years from the date on which
he/she joins his office and he/she continues to hold office until
his/her successor joins the office, even after his/her expiration of
term.
o The governor is supposed to hold office during the pleasure of the
President. If this pleasure is withdrawn before completion of the
five-year term, the Governor has to step down.
o The governor can resign to his office by writing to the President of
India.
 However, the Constitution does not specify any reasons for the President
to remove a governor.
 As the President works on the aid and advice of the Prime Minister and
the council of ministers, in effect, the Governor can be appointed and
removed by the central government.
  Since the Governor holds office “on the pleasure of the President”,
questions have been raised time and again on whether the Governor has
any security of tenure, and if the President is obligated to show reasons
for recalling a Governor.

Governor of India Removal Judicial Pronouncements in this Regard

 BP Singhal Vs Union of India (2010): A constitutional bench of the
Supreme Court has laid down some binding principles:
o The President, in effect the central government, has the power to
remove a Governor at any time without giving him or her any
reason, and without granting an opportunity to be heard.
o However, this power cannot be exercised in an arbitrary, capricious
or unreasonable manner.
o The power of removing Governors should only be exercised in rare
and exceptional circumstances for valid and compelling reasons.
 Surya Narain Choudhary Vs Union of India (1981): The Rajasthan High
Court held that the pleasure of the President was not justiciable, the
Governor had no security of tenure and can be removed at any time by
the President withdrawing pleasure.

Powers of Governors

As it has already been made clear in the beginning of the article, the position,
power and functions of the Governor are analogous to that of the President.
His/Her powers are discussed below under four heads. 

Executive power

Under Article 154(1), the executive powers have been vested to the Governor
and he can choose to exercise them either directly himself or indirectly through
his Council of ministers. 

 As such, the Governor makes important appointments of the state such

as the Chief Minister and Council of Ministers, Chairman and
members of State Public Service Commission, State election
 commissioner, Advocate General, Chief Justice of the High Court,
District judges and the Vice chancellors of Universities.
 Under Article 356, the Governor can recommend the President for the
imposition of a State Emergency and during such emergency he/she
enjoys extensive executive powers as an agent of the President.
 He/She runs the state administration by extending control over the
subjects in the state list and deciding the policies and portfolios of the
various ministers. 

Financial power

 A money bill cannot be introduced in the state legislature without prior

approval of the Governor.
 The state Contingency Fund is at his/her disposal and he/she can make
withdrawals out of it to meet unforeseen expenditures.
 He/She makes sure that the Annual state budget is discussed and put
before the State Legislature. 

Legislative power

 The Governor has the power to summon and prorogue both houses of
the Legislature. He/She has to make sure that the maximum gap
between the two sessions of the houses is 6 months.
 Under Article 192, the Governor has the authority to disqualify any
legislator who fails to comply with the conditions given under Article
191.
 The Governor has to address the state legislature at the beginning of
the first session every year and after the state assembly elections.
 The Governor can hold a bill and send it to the President for his
consideration. Other than this, the Governor can either give assent to a
bill or withhold it or send it back for reconsideration (except for
money bills).

Pardoning power

According to Article 161, the Governor can grant pardons, reprieves, respites
and remissions of punishment or suspend, remit and commute the sentence of
any person convicted of any offence relating to matters under the state executive
power, exception being cases decided by a court martial. However, in cases
where a death penalty has been granted the Governor cannot pardon it. 

Is this power subject to judicial review ?

According to the Constitution, the judiciary should not encroach upon the
powers of the executive. However, in certain cases this has been seen.

In the case of Epuru Sudhakar & Anr. v. Govt. of AP & Ors., the issue of
whether the pardoning power of the Governor is subject to judicial review or
not came up. The Hon’ble Supreme Court set aside the decision of the then
Andhra Pradesh Governor, Sushil Kumar Shinde. The Governor had advised for
remitting the punishment of a Congress activist in connection with the murder
of two persons, one of whom was a TDP activist. The division bench consisting
of Justices S.H. Kapadia and Arijit Pasayat expressly mentioned that the
exercise of the pardoning power should be in compliance with the Rule of Law.

“Rule of Law is the basis for evaluation of all decisions (by the court)… That
rule cannot be compromised on the grounds of political expediency. To go by
such considerations would be subversive of the fundamental principles of the
Rule of Law and it would amount to setting a dangerous precedent,” the bench
warned.

Justice Kapadia, while concurring with the main ruling delivered by Justice
Pasayat, sought to remind “exercise of executive clemency is a matter of
discretion and yet subject to certain standards. It is not a matter of privilege. It is
a matter of performance of official duty… the power of executive clemency is
not only for the benefit of the convict but while exercising such a power the
President or the Governor as the case may be, has to keep in mind the effect of
his decision on the family of the victims, the society as a whole and the
precedent it sets for the future.”

He also said “An undue exercise of this power is to be deplored. Considerations

of religion, caste or political loyalty are fraught with discrimination”. Thus, this
judgment gave a final conclusion that the settled position of law that exercise or
non-exercise of the pardoning power by the Governor would not be immune
from judicial review.
Ordinance making power of the Governor
Under Article 213, the Government can issue an ordinance if the circumstances
compel him to do so, when either houses of the legislative assembly are not in
session. However, there are two circumstances under which the Governor
cannot issue an ordinance. They are:

 If the ordinance has certain provisions which the Governor would have
reserved for the President in case it were a Bill.
 If the State Legislature has an act with similar provisions and the same
would be declared invalid without the President’s assent.

 members of State Public Service Commission, State election

commissioner, Advocate General, Chief Justice of the High Court,
District judges and the Vice chancellors of Universities.
 Under Article 356, the Governor can recommend the President for the
imposition of a State Emergency and during such emergency he/she
enjoys extensive executive powers as an agent of the President.
 He/She runs the state administration by extending control over the
subjects in the state list and deciding the policies and portfolios of the
various ministers. 

UNION LEGISLATURE
Article 79 to 122 in part V chapter II of the Constitution deals with the
organization, composition, duration, officers, procedures, privilege, power etc
of Parliament.
• The Rajya Sabha is the upper house and the Lok Sabha is the lower house
• Rajya Sabha represents the states and union territories. Lok Sabha represent
people of India.
Composition of Rajya Sabha article 80
• Article 80 provides that Council of state shall consist of
a. 12 members to be nominated by the President and
b. Not more than 238 representatives of the states and union territory.
• The members to be nominated by the president shall consist of a person having
special knowledge or practical experience in respect of such matters a literature,
science, art, social service
• The allocation of seats in Council of states to be filled by representatives of
the states and union territories shall be in accordance with the provisions in that
behalf contained in fourth schedule article 80[ 2]
• The representatives of states in the Rajya Sabha are elected by elected
members of state legislative assemblies. The election is held in accordance
with the system of proportional representation by means of Single Transferable
Vote [Article 80[4]].
• The seats are allotted to the states in Rajya Sabha on the basis of population.
• The representatives of Union Territories in Council of states shall be chosen in
such manner as Parliament may by law prescribe.
• Delhi and Puducherry are the only two union territories that have
representation in Rajya Sabha.
Composition of Lok Sabha [article 81]
• Article 81 provide that Lok Sabha shall consist of following
A. Not more than 530 members are to be chosen from direct election from
States
B. not more than 20 members to represent union territories and
C. two members are to be nominated by president from Anglo Indian
community
article 331.[ removed from the 104 Constitutional Amendment Act 2020]
• The Maximum strength of Lok Sabha is fixed at 552
• The Parliament has enacted the union territories [Direct Election to the
House of People] Act 1965 by which the members of Lok Sabha from the
union territories are also chosen by the direct election.
Duration of Rajya Sabha [article 83 [1]]
• Article 83[1] provides that the Council of state shall not be subjected to
dissolution, but As nearly one third of the members shall retire on the expiration
of every second year in accordance with provisions made on behalf of the
Parliament by law.
• The retiring member are eligible for re-election and re nomination any number
of time.
• The constitution has not fixed the term of office of members of Rajya Sabha
and left it to the Parliament to decide it by making a law
• The parliament in Representation Of Peoples Act 1951 provides that the
term of office of the member of Rajya sabha shall be 6 years.
Duration of Lok Sabha [Article 83[2]]
• Article 83[2] provides that the house of people shall continue for five years
from the date appointed for its first meeting.
• After expiration of 5 years the Lok Sabha shall automatically dissolve
• Lok Sabha can be dissolved at any time before the completion of 5 years by
the President.
• Duration of Lok Sabha in national emergency: while a proclamation of
emergency is in Operation the period of 5 years can be extended by Parliament
by law for a period not exceeding one year at a time and not exceeding in any
case beyond a period of six months after the proclamation has ceased to operate.
[provision to article 83[ 2] ]

Qualifications for membership of Parliament [article 84]

• Article 84 provides the following qualifications for a person to be chosen a
member of parliament
1. He must be a citizen of India
2. He must he must make and subscribe to an oath or affirmation before the
person authorized by Election Commission for this purpose
3. He must be not less than 30 years of age in the case of Rajya Sabha and not
less than 25 year of age in case of Lok Sabha
4. He must possess other qualifications prescribed by parliament.
Disqualification for membership of Parliament article 102
• article 102 provide that every person shall be disqualified for being chosen as,
and for being, a member of either of the house of parliament
• Clause 1
a) If he holds an office of profit under the Government of India or government
of any state other than an office declared by Parliament by law not to disqualify
its holder.
b) If he is of unsound mind and stands so declared by the competent court
c) If he is an undischarged insolvent.
d) If he is not a citizen of India, or have voluntarily acquired the citizenship of a
foreign state or is under any acknowledgement of alliances two foreign states
e) If he is disqualified by or under any law made by parliament[Representation
Of Peoples Act 1951]
• A person shall not be Deemed to hold any office of profit under Government
of India for the Government of any state by the reason only that he is a Minister
either for the Union or for such state
• Clause 2
• A person shall be disqualified for being a member of either of the houses of
Parliament if he is so disqualified under the tenth schedule [article 102[2]].
Decisions on question as to disqualification of members article 103
• Article 103 provides that if any question arises as to whether a member of
either House of Parliament has become subject to any of these disqualifications
mentioned in article 102[ 1], the question shall be referred for decision of the
president and his decision shall be final.
• Before giving any decisions on any such questions, the president shall obtain
the opinion of the election commission and shall act accordingly to such
opinion.
Article 89 provides that Vice President of India till the act official chairman of
Council of States
• The Council of states choose a member of Council to be Deputy Chairman.
Vacation, resignation, removal from Office of Deputy Chairman[Article 90]
• Article 90 provides that a member holding office as Deputy Chairman of the
Council of States shall vacate his office
1. If he ceases to be a member of the Council;
2. Resign by writing under his hand address to the Chairman and
3. Removed from his office by a resolution of Council passed by a majority of
all the then members of Council
• No resolution for the purpose of removal shall be moved unless at least 14
days notice has been given of the intention to move resolution.
Article 93 provide that Lok Sabha shall as soon as may be choose to members
of the house to be respectively Speaker and Deputy Speaker
• As and when the office of speaker and deputy speaker becomes vacant, the
house shall choose another member to be speaker or deputy speaker.

Vacation, resignation, Removal from the offices of speaker and deputy

speaker [article 94]
• Article 94 provides that a member holding office as a speaker or deputy
speaker of the house of the people shall vacate his office if:
a) He ceased to be a member of house of people
b) Resign by writing under his hand addressed, if such member is the speaker
to the deputy speaker and if such member is the deputy speaker of the speaker
resign his office and
c) Removed from his office by a resolution of house of people passed by
majority of all the then members of the house.
• No resolution for the purpose of removal shall be moved at 14 days notice has
been given of the intention to move the resolution.
• Whenever the house of people is dissolved the speaker shall not vacate his
office until immediately before the first meeting of the house of people after the
dissolution.
• Article 96 provides that Speaker or Deputy Speaker shall not preside while a
resolution for his removal from office is under consideration.
• The speaker shall have the right to speak in and take part in the proceeding of
the house of people, while any resolution for his removal from office is under
consideration.
• He shall also be entitled to vote only in the first instance on such resolution
or on any other matter during such proceedings but not in the case of an equality
of votes.
Secretariat of the Parliament article 98
• Article 98 provides that each house of the Parliament shall have a separate
Secretariat staff.
• Parliament may by law regulate the recruitment and the conditions of the
services of person appointed, to the secretariat staff of either House of
Parliament.
Sessions of the Parliament- summoning, prorogation and dissolution
• Article 85 provides that President shall from time to time summon each house
of parliament to meet at such time and place as he thinks fit.
• The maximum gap between two sessions of Parliament cannot be more than
six months.
• The president may from time to time:-
a) Prorogue the houses or either house
b) Dissolve the house of the people
• Propagation: it means adjourned, when the business of the session is
completed. The president issues a notification for propagation of the session. It
does not end the life of Lok Sabha
• Dissolution: It ends the life of the existing house and a new house is
constituted after general elections are held.
Provisions as to introduction and passing of this article 107
Article 107 provides that except money bill [109] and other financial bill[117]
of Bill may originate in either House of Parliament.
• Subject to the provisions of article 108 and 109, a bill shall not be deemed to
have been passed by the House of Parliament unless it has been agreed to by
both houses, either without amendment or with such amendment only as are
agreed to by both houses.
• A Bill pending in Parliament shall not lapse by the reason of propagation of
the houses.
• A Bill Pending in Council of state which has not been passed by House of
people shall not lapse on dissolution of the house of people.
• A Bill Which is pending in the house of people or which having been pass by
house of the people is pending in Council of states, shall subject to the provision
of article 108, lapse on the dissolution of House of people.
Joint sitting of both houses [article 108]
• Article 108 provides that if after a bill has been passed by one house and
transmitted to the other house and:-
• Bill is rejected by the other house or
• Houses have finally disagreed as to amendments to be made in the bill or
• More than 6 months has lapsed from the date of reception of the bill by the
other house without the bill being passed by it.
• The President can notify to the houses his intention to Summon them to meet
in a joint sitting for purpose of the deliberating and voting on the bill.
• There will be no joint meeting in cases of money bill.
• If at the joint sitting of the two Houses the bill, with such amendments, if any,
as are agreed to in joint sitting, is passed by a majority of total number of
members of both houses present and voting it shall be deemed for the purpose
of the constitution to have been passed by both houses.
• In case of joint sitting of the house will be presided over by the speaker of Lok
Sabha. Article 118[4].
Money bill
• Definition of money bill article 110
• Article 110 provides that a bill shall be Deemed to be a money bill if it only
provisions dealing with all or any of the following matters :
a) The imposition, abolition, remission, alteration or regulation of any tax;
b) The regulation of the borrowing of money or the giving of any guarantee by
the government of India or the amendment of the law with respect to any
financial obligations undertaken or to be undertaken by the government of
India;
c) The custody of the consolidated fund [266] or the contingency fund[267] of
India, the payment of moneys into or the withdrawal of moneys from any such
fund;
d) The appropriation of moneys out of the consolidated fund of India;
e) The declaration of any expenditure to be expenditure charged on the
consolidated fund of India or the increasing of the amount of any such
expenditure;
f) The receipt of money on account of the Consolidated Fund of India or the
public account of India or the custody or issue of such money or the audit of the
accounts of the Union or of a State; or
g) Any matter incidental to any of the matters specified in sub-clause (a) to (f).
• Any question arises whether a bill is a money bill or not the decision of the
speaker of the house of the people shall be final.[110[3]]
• There shall be endorsed on every money bill then it is transmitted to the
Council of states under article 109, and when it is presented to the president for
a Centre under article 111, the certificate of the speaker of the house of the
people signed by him that it is a money bill.

Special procedures in respect of money bill article 109

• Money bill shall not be introduced in Rajya Sabha
• After a money bill has been passed by Lok Sabha it shall be transmitted to
Rajya Sabha for its recommendations. The Rajya Sabha can within a period of
14 days from the date of its receipt of the bill shall return the bill to Lok Sabha
with its recommendation and Lok Sabha may thereupon either accept or reject
all or any recommendations of Rajya Sabha.
• If the Lok Sabha accepts any Recommendation of Rajya Sabha the money bill
shall be deemed to have been passed by both the houses with amendment
recommended by the Rajya Sabha and accepted by Lok Sabha.
• If the Lok Sabha does not accept any of the Recommendation of Rajya Sabha,
the money bill shall be deemed to have been passed by both the houses in the
form in which it was passed by Lok Sabha without any of the amendment
recommended by the Rajya Sabha.
• If a money Bill passed by Lok Sabha and transmitted to Rajya Sabha for its
recommendation is not returned to Lok Sabha within the set period of 14 days,
it shall be deemed to have been passed by both the houses at the expiration of
the said period in the form in which it was passed by the Lok Sabha.
Assent to bills [article 111]
• Article 111 provides that when a bill has been passed by the houses of
parliament, it shall be presented to the President, and the President has
following options:-
1. Assent to bills, or
2. Withholds assent
3. He may also return the bill if it is not a money bill to the houses with a
request to reconsider the bill.
• When a bill is so returned, the house shall reconsider the bill according, and if
the bill is passed again by the houses with or without amendment and presented
to the president for assent, President shall not withhold assent.
Annual financial statement [article 112]
• Article 112 provide that The President shall in respect of every financial year
cause to be laid before both the House of Parliament a statement of estimated
recipes and expenditure of the Government of India for that year, in this path
referred as the annual financial statement.
• It is popularly known as the budget.
Appropriation bills [article 114]
• Article 114 provides that soon after the grants under article 113 have been
made by the Lok Sabha, there shall be introduced to provide for appropriation
out of the consolidated fund of India of all money required to meet:
A. grant so made by the house of people and
B. expenditure charged on consolidated fund of India but not exceeding in any
case the amount shown in the statement previously laid before the parliament
Votes on account, votes of credit and exceptional grant article 116
• Article 116 provides that Lok Sabha shall have power
1. to make any grant in advance in respect of estimated expenditure for a part of
any financial year ending the completion of procedure prescribed in article 113
for the voting of such grant and passing of law of in accordance with the
provision of article 114 in relation to that expenditure
2. make a grant for meeting an Unexpected demands upon the resources of India
when an account of the magnitude for the indefinite character of the service the
demand cannot be stated with details accordingly given in an annual financial
statement.
3. make an exceptional grant which forms no part of the current service of any
financial year and Parliament shall have power to authorized by law the
withdrawal of money from the consolidated fund of India for the purpose for
which the state grant are made.
Restriction on discussion in Parliament [article 121]
• Article 121 provides that No discussion shall take place in the Parliament with
respect to the conduct of any judge of Supreme Court or of High Court in
discharge of his duties except upon a motion for presenting and address to the
president praying for the removal of the judge.
Courts not to enquire into proceedings of Parliament [article 122]
• Article 122 provides that the validity of any proceeding in Parliament cannot
be called in question on the grounds of any list irregularity of procedure.
• No officer or Member of Parliament in whom powers are vested by or under
this Constitution for regulating procedure for the conduct of business, for
maintaining order, in parliament shall be subject to jurisdiction of any court in
respect of the exercise by him of those powers.
STATE LEGISLATURE
As mentioned in Article 168 of the Indian Constitution, a state can have a
unicameral legislature (It should be Legislative Assembly) as well as a
bicameral legislature (Legislative Council and Legislative Assembly).
According to Article 168 of the Indian Constitution, there shall be legislature in
every State and it shall consist of the Governor. 

Unicameral Legislature

Unicameral legislature refers to having only one legislative chamber which

performs all the functions like enacting laws, passing a budget, and discussing
matters of national and international importance. It is predominant in the world
as most countries have a unicameral legislature. It is an effective form of the
legislature as the law-making process becomes easier and reduces the possibility
of obstacle in lawmaking process. Another advantage is that it is economically
feasible to maintain a single chamber of the legislature. It is the most prevailing
system in India as most of the States of India have a unicameral legislature. The
members of the unicameral legislature (Legislative Assembly) elected directly
by the citizens of the State.

Bicameral Legislature

By bicameral legislature, we refer to the State having two separate law-making

Houses to perform the functions like passing the budget and enacting laws.
India has a bicameral legislature at the Centre level while the State can make the
bicameral legislature. In India, only 7 States have a bicameral legislature. It may
be seen that a bicameral legislature may not be as effective as a unicameral
legislature. However, it works as a barricade in some cases as it somehow
makes the law-making process more complex.

Abolition or Creation of Legislative Councils

In our country, the Legislative Council (also known as Vidhan Parishad) is the
Upper House of a bicameral legislature. The creation of which is given
in Article 169 of the Indian Constitution and can also be abolished according to
Article 169 of the Constitution.

Article 168 mentions about the Legislative Council in some of the States of our
country. There is no rule of having a bicameral legislature in the State of India.
It is because our Constitution framers knew that it will not be possible for every
State to have a bicameral legislature ( due to financial or any other reason).   

Article 169 talks about the creation or abolition of the Legislative Council. For
the creation or abolition of the Legislative Council, the Legislative Assembly
must pass a resolution that must be supported by more than 50% of the total
strength of the assembly. It must be supported by more than 2/3rd of the total
members present in voting. Therefore it talks about the absolute and special
majority. The resolution to create or to abolish the Legislative Council needs the
assent of the President as well.
Composition of the Houses
Article 170 of the Indian Constitution talks about the configuration of the
Legislative Assemblies. This Article simply put emphasis on what will be the
structure of the Legislative Assemblies in the state. On the other hand, the
configuration of the Legislative Council is given in Article 171 of the Indian
Constitution. 

Legislative Assembly (Vidhan Sabha)

According to Article 170, there should be a Legislative Assembly in every State

of India. However, these assemblies should be according to the provisions
of Article 333 of the Indian Constitution. The Legislative Assembly of state can
have at most 500 constituencies and at least 60 constituencies. These
constituencies would be represented by the members who would be selected
through the process of direct election. However, the division of territorial
constituencies would be determined in such a manner that it becomes dependent
on the population of that constituency. Here by the term “ population” we mean
population which has been published in the precedent census. The composition
of the Legislative Assembly in any state can change according to the change in
the population of that state. It is determined by the census of population.
However, there are several exceptions to the composition of the Legislative
Assembly. Let’s take the example of Mizoram, Sikkim, and Goa which has less
than 60 constituencies.      

The tenure or duration of the Legislative Assembly is mentioned in Article

172 of the Indian Constitution. The Legislative Assembly should work for a
time period of five years. Its tenure starts from the day of its first meeting.
However, it can be dissolved earlier by the special procedure established by the
law. However, there can be an extension in the tenure of the Legislative
Assembly. This can be done during the National Emergency. During the period
of the National Emergency, the Parliament can extend the tenure of the
Legislative Assembly for a period of maximum one year. Also, this extension
should not be more than six months after the proclamation has ceased to
operate.

Legislative Council (Vidhan Parishad)

The composition of the Legislative Council is given in Article 171 of the Indian
Constitution. The total members in the Legislative Council should not exceed
one-third of the total members in the state Legislative Assembly. There is
another criteria for the composition of the Legislative Council. The member in
the Legislative Council should not be less than 40 in any case. There is an
exception in the composition of Vidhan Parishad. The Legislative Council of
Jammu and Kashmir has only 36 Member in Legislative Council, unlike the
other Legislative Council. 

The composition of the Legislative Council can be further divided in the

following way:

 One-third of the members of the Legislative Council should be elected

from the district boards, municipalities and other local authorities
which is specified by the Parliament according to law. 
 One-twelfth of its members shall be elected from the person who has
been residing in the same state for the time period of at least three
years and graduated from the university which is in the territory of
India.
 One- twelfth of its total member should be elected from the person
who is engaged in the teaching profession for at least three years in the
educational institution of the state itself.
 One third should be elected by Legislative Assemblies and none of
them should be a member of the Legislative Assembly.
 The remainder of the members should be nominated by the Governor
according to the established law.

Qualifications of Membership
After this much of knowledge on both the Houses of Legislations, we can move
further on the next topic. Here we will discuss what are the qualifications that
one requires for being a member of the Legislative Assembly/Council. 

The qualification of membership is given in Article 173 of the Indian

Constitution. For the membership or for filling a seat in the legislature of the
State, a person must be a citizen of India. A person will not be granted
membership if he/ she is not a citizen of that country. Also, the qualification of
the membership is somewhat similar to the qualification to the membership of
the center legislature. The member of the Legislative Assembly should be more
than 25 years. For being a member of the Legislative Council one should be
more than 30 years. Also, a necessary condition for being a member of
legislatures includes that he/she must be a voter from any of the constituencies
of the state.

Disqualifications of Membership
After being elected/ nominated as a member of the legislature, one can not be a
permanent member of the legislature. There are certain reasons mentioned in the
Constitution by which a person may be disqualified from his/her membership to
the Legislature. Article 191 talks about the disqualification of the members of
the Legislature.

Disqualification of MLA/ MLC can be made on the following grounds:

1. If one holds the office of profit under the state or central government. 
2. If one is of unsound mind and is declared so by the competent court.
3. If one is an undischarged insolvent.
4. If one is not a citizen of the country anymore or when he/ she
voluntarily took the citizenship of another country.
5. If one is disqualified by the law of the Parliament. Example- Anti
defection law.

Decisions on disqualifications
Article 192 of the Indian Constitution talks about the decision on the
disqualification of a member of the state legislature. If any question arises about
the disqualification of a member of the House of the legislature on any ground
mentioned in Article 191 in the Indian Constitution, then Article 192 comes into
play. Article 192 mentions that in such cases the decision about disqualification
would be determined by the Governor of that state and his/ her decision would
be final. However, the Governor needs to consult the Election Commission for
the same and he/she needs to act accordingly. Here, grounds of disqualification
would be the same as mentioned in Article 191.

Sessions of the State Legislature

Moving further on the next topic we will discuss the sessions of these State
Legislatures. Its time of prorogation and dissolution will also be discussed by us
here. Also, one thing is quite clear after a lot of analysis of State Legislature is
that the Legislative Assembly is somehow similar to the House of the People
(Lok Sabha) while the Legislative Council is similar to the Council of State
(Rajya Sabha). Their sessions are also quite similar. Article 174 of the Indian
Constitution gives the power to the Governor to summon these Houses of the
State Legislature. He/ She can summon these bodies to meet at places and at
such times which he/ she thinks fit or appropriate. But a necessary condition
should be kept in mind is that the time period between the two sessions of these
Houses should not exceed six months. Also as mentioned in Article 174 of the
Indian Constitution, the Governor has the power to prorogue either House and
to dissolve the Legislative Assembly.

Speaker and Deputy Speaker

There is a need for head or in charge of every legislative part. The Speaker and
Deputy Speaker serve the same purposes in the Legislative Assembly. Article
178 of the Indian Constitution talks about the same. According to this article,
there should be a Speaker and Deputy Speaker should be chosen from the
Legislative Assembly. In this, it is also mentioned that the condition where if
the office of Speaker and Deputy Speaker becomes vacant then it becomes the
duty of the Legislative Assembly to choose the new Speaker and Deputy
Speaker respectively.

Powers and Functions of Speaker

Article 178 gives the power to Speaker to preside over the sessions of the
Legislative Assembly of the state. Similar powers are given to the Speaker of
the Lok Sabha, as mentioned in Article 93 of the Indian Constitution. The
power and position of an Indian Speaker are quite similar to the Speaker of the
House of Commons in England.

The most important function of the Speaker is to preside over the sessions of the
Legislative Assembly and also to maintain discipline and order in the assembly.
Within the assembly, the Speaker is the master. He has the power to decide
whether the Bill is a Money Bill or not. Also, the decision of Speaker cannot be
challenged in a court of law. Money Bills are sent to the Legislative Council
with the approval of the Speaker. The salary of Speaker is given from the
Consolidated Fund of State.

The other functions/ powers of the Speaker are as follows:

 He/she does not participate in the debate of the assembly.

 Only votes when there is a condition of a tiebreak.
  He/She sees whether there is a necessary quorum.
 He has the power to adjourn or suspend the sitting of the Legislative
Assembly when there is not a necessary quorum and also to maintain
the discipline of House.
 He/She has the power to suspend or to expel the member for his/ her
unruly behaviour.  

Chairman and Deputy Chairman of the Legislative Council: Article

182,183,184,185
The working of the Legislative Council is quite complex. The process of
membership, the appointment of its head and the power of the Legislative
Council is also quite difficult to understand. According to Article 182 of the
Indian Constitution, the Legislative Council must choose its two members as
Chairman and Deputy Chairman. It also mentions that the Legislative Council
must choose the Chairman and Deputy Chairman of the Legislative Council as
soon as their office becomes vacant.

The offices of Chairman and Deputy Chairman becomes vacant very often.
However, the reason for their removal/ resignation is mentioned in Article
183 of the constitution. The reasons are as follows:

1. Should not hold their post if they are not a member of the Legislative
Council.
2. By sending the written resignation letter to each other.
3. They can be removed by passing a resolution in the Council. However,
there should be a majority of members in support of this resolution. An
important point to be remembered while passing a resolution that a
notice of the intention of resolution should be given before 14 days.
Now imagine a condition when there is a vacancy in seat of Chairman of the
Legislative Council.  Then, the question which would strike us would be related
to the replacement of his/ her place in the Legislative Council or who will look
after the working of the Legislative Council. The answer to the second part of
the question is given in Article 184 of the Indian Constitution. According to this
Article, the Deputy Chairman has the power to perform the duties and to act as
Chairman of the Legislative Council. According to Article 184, if there is a
vacancy in the office of Chairman then all duties of Chairman would be
performed by the Deputy Chairman and in case if the office of Deputy
Chairman is also vacant then the duties of Chairman would be performed by the
person appointed by the Governor.
Talking about Article 185 of the Indian Constitution, it puts certain restrictions
on Chairman or Vice-Chairman when their impeachment resolution is under
consideration. It simply tells that a Chairman or Vice-Chairman can not preside
the Council when the resolution for their impeachment is under consideration.
Here in this condition, Article 184 will be applied. Also, it is given in Article
185 that when such resolution is under consideration then the Chairman has all
the right to attend the proceedings of the Legislative Council and he/she will
have all the right to speak during such proceedings. Here, the Chairman has the
right to vote in the first instance of the proceedings but he/she will not be able to
vote in the condition of equality of votes.

Legislative Procedure: Article 196

The main purpose of Legislature is to make laws, pass a bill etc. To understand
the working of Legislature or Legislative Procedure let us first discuss the term
“Bill”. By Bill, we mean a draft of the legislative proposal. This bill after
getting assent from both the Houses of Legislature becomes an Act after getting
assent from the Governor. Article 196 of the Indian Constitution tells us about
the provisions of the introduction and passing of the Bill. Except for the Money
Bill and the Financial Bill ( procedure of passage of these bills are given in
Article 198 and 207), the other bills can be introduced in either Houses of the
legislature. Any bill is said to be passed only when it got assent from both the
Houses of the legislature. Here both the Houses should agree on the amendment
made to the bill. A bill would not lapse when it is pending in the House and
there is the prorogation of that House. A bill pending in the Legislative Council
of any state which is not passed by the Legislative Assembly shall not lapse
even on the dissolution of the Legislative Assembly. Also, there is a condition
mentioned in Article 196 which states that if there is a bill pending in the
assembly and at that time the assembly dissolute, then the bill will also lapse
ultimately. The bill will also lapse if it is passed by the assembly and is pending
by the Council.

Ordinary Bills

The provision or the procedure related to Ordinary Bill is discussed in Article

196 of the Indian Constitution. The main purpose of the State Legislature is
law-making as already being discussed in this article earlier. The legislature can
make laws on State List as well as on Concurrent List. Ordinary Bill can be
introduced in either of the Houses. The process given in Article 196 is applied
here and once it gets the sign from the Governor it becomes law. The Governor
has the power to issue ordinance when there is a need of any law and the
legislature is not in session.   

Money Bills

A Money Bill is a bill that is concerned with government spending or taxation.

The procedure to pass a Money Bill is quite different from the Ordinary Bill. Its
procedure is given in Article 198 of the Indian Constitution. According to this
Article of the Constitution of India, the Money Bill can only be introduced in
the Lower House i.e. in Legislative Assembly. After the Money Bill is passed
by the Legislative Assembly and in that state, then this bill would be forwarded
to the Legislative Council for its recommendations. The same bill should be
returned to the assembly within fourteen days from the date of receiving the
bills. The assembly can either accept the recommendation or can deny any
recommendations according to the discretion of the assembly. The same bill is
then again sent to the Council and the Council has a time period of fourteen
days to pass the bill. In case the Legislative Council fails to do so, then it is
deemed to be passed by both the Houses.       

Assent to Bills: Article 200

Till now we have seen how a Bill gets assent from Houses of the state
legislature. After this, Article 200 comes into play. As mentioned in Article 200,
the bill after getting assent of both Houses and is then sent to Governor. It then
comes under the discretion of the Governor whether to give assent or withhold
his assent. He/she can also reserve assent for the consideration of the President.

Here the Governor has to return this bill to the State Legislature as soon as
possible with the message of recommendation. Here again, these
recommendations can be either accepted or rejected by the legislature and once
again this bill is again sent to the Governor for his confirmation. Now he has
only two options left with him, he can either give assent to this bill or can
reserve it for further consideration from the President. 

Bills reserved for President’s consideration: Article 201

The bill which is reserved for the consideration of the President should have
reasonable grounds for being reserved. Any bill can be reserved by the
Governor which he/ she thinks is against the law. The further procedure of this
Bill is given in Article 201 of the Indian Constitution. The Bill which is
reserved for the President for his/her consideration should either be given assent
by him/her. The President can also withhold his/her assent. The President then
directs the Governor to return the bill to the House/Houses of Legislature with a
message which was sent earlier by the Governor (according to Article 200 of
the constitution). This bill should be reconsidered by the State Legislature
within a period of six months. And again if the bill is passed by both Houses,
then it is again presented before the President for its consideration.

An example of the contradiction to this Article came in the case of K.P.

Kochanujan Thirumulpad vs State Of Kerala where a petition was filed and a
question was asked on the legality of a bill which was passed before any
direction came from the President during the period of reconsideration. Here the
petition was rejected and it was held that there are certain restrictions/ grounds
on which Article 201 does not apply.   

Procedure in Financial Matters: Articles 202 to 207

The State Legislature of every state follows a special procedure in the matters
related to finance. These procedures are given in Article 202 to Article 207 of
the Indian Constitution. The procedure which is mentioned in these articles are
as follows: 

1. Article 202 (Annual Financial Statement): It is the duty of the

Governor to lay down the estimated receipts and expenditure of the
State for that year. It is known as the Annual Financial Statement.
2. Article 203 (Procedure in the legislature related to estimates): The
estimates that relate to expenditure from the Consolidated Fund of a
State should not be submitted to a vote of the Legislative Assembly.
But nothing mentioned here should be construed as preventing the
discussion of the Legislatures that relates to those estimates. Demand
for a grant can be made only on the recommendation of the Governor.
3. Article 204 (Appropriation Bill): After making the grants under Article
203, the assembly shall introduce a bill that will provide for the
appropriation out of the Consolidated Fund of the State for the matters
related to money which is granted by the assembly.
4. Article 205 (Supplement, Additional or excess grants): In this Article,
the Governor can allow supplement grants (when the expenditure is
more than what was estimated) and he/ she has the power to extend the
granted money for any particular service.
 5. Article 206 (Vote on Accounts, Votes of Credit or Exceptional
Credits): This Article talks about the power or authority of the
Legislative Assembly to grant in the given situation.
 In advance in respect of the estimated expenditure for a part
of any financial year pending the completion of the procedure
given in Article 203.
 To make a grant for meeting an unexpected demand upon the
resources of the State.
 To make exceptional grants which are not a part of the
current financial year.
6. Article 207 (Special Provisions related to Financial Bills): Financial
Bill should not be introduced in the Legislative Council and without
the recommendation of the Governor.

General Rules of Procedure

It is important for every organ of the State to make certain rules and regulations
for its proper functioning. Similarly, there are some general rules of procedure
made for the smooth functioning of the State Legislature. These are given from
Article 208- Article 212 of the Indian Constitution. All the provisions under
these Articles are explained below:- 

 Article 208– Houses of the State Legislature has the power to make
rules and regulations for its conduct, its procedure and the conduct of
its business.
 Article 209– Regulation by law of procedure in the Legislature of the
State in relation to financial business.
 Article 210– It talks about the language which is to be used in the
Legislature.
 Article 211– It is about the restriction of the topic on which there will
be no discussion in the Legislature.
 Article 212– This Article tells that Courts can not inquire into
proceedings of the Legislature.

ANTI DEFECTION LAW AND ITS IMPACT

What is Anti-Defection Law?

The anti-defection law was introduced in 1985, through the 52nd Amendment

Act of 1985.
It was inserted in the Tenth Schedule of the Indian Constitution and is
popularly known as Anti Defection Act.
Defection has been defined as a "conscious abandonment of allegiance or
duty".
It lays down the process of disqualification on grounds of defection.
The presiding officer has the authority to disqualify a member on proven
grounds of defection.
The goal was to prevent the legislators from changing their political
affiliations during their tenure in office.
It applies to both the Parliament and the state assemblies.
How did the Law Evolve?

In 1967, an MLA from Haryana, Gaya Lal changed his party thrice on the
same day.
"Aaya Ram Gaya Ram" became a popular phrase in Indian Politics after this.
It became a common practice to switch political parties across States which
brought down state governments from their power.
This raised concerns in the Lok Sabha and a committee was set up under
Home Minister Yashwantrao Balwantrao to assess the problem.
It was the Chavan Committee that recommended that if a legislator changes
party for monetary gains, they should be excluded from the Parliament and
also be barred from contesting elections for some time.
The anti-defection law was introduced to prevent such floor choosing and was
therefore inaugurated under Rajiv Gandhi's rule through the 52nd Amendment.
In 1992, the Tenth Schedule was brought to the Supreme Court and challenged
its constitutionality under a landmark case of Kihoto Hollohan v. Zachillhu
and others.
In 2003, through the 91st Amendment, the anti-defection law was made more
effective to deal with regular defection.
It deleted the provisions that protected legislators in case of a split in the
party.
It also stated that any legislator disqualified under Tenth Schedule would be
disqualified from the executive or ministerial post as well.
What are its Objectives?

It is to prevent defections motivated by the lure of office or material

advantages or other such considerations.
It deters the legislators from shifting their political association to gain any
personal advantages.
It maintains stability in the party system and prevents the threat of toppling the
governments.
It promotes party discipline by ensuring that the legislators vote in favour of
the party whip.
It permits the merger of political parties without disqualification of members
It strengthens the institution of democracy and keeps corruption in check.
What are the Grounds of Defection?

The Supreme Court has interpreted various provisions of the Anti-Defection

Law.
One of the most important grounds is the phrase "Voluntarily giving up his
membership".
It has a wider connotation than resignation.
In absence of formal resignation, the giving up of his membership can also be
inferred from the legislator's conduct.
Example: Two members of Janata Dal (United) were disqualified in 2017 by
the Chairman of Rajya Sabha, on the grounds of "voluntary giving up their
membership". They criticised the party on public forums at multiple events
and attended rallies of opposition parties.
Another ground of Defection is "Violation of Instructions". It means that if
the legislator votes or abstains from voting in the House contrary to a direction
issued by the political party he belongs to, he is deemed to be disqualified.
The direction issued by the political party is famously referred to as the party
whip.
A legislator can further be disqualified if he is an independently elected
member and joins a political party.
A legislator will be deemed to be disqualified if he is a nominated member and
joins any political party, after six months from the day he became a legislator.
The decision of the presiding officer who decides the legitimacy of grounds
of disqualification of defection is subject to the Judicial Review.
Initially, the decision of the presiding officer was not subject to Judicial
Review.
It was in 1992 when the Supreme Court allowed appeals against the Presiding
Officer's decision in the High Court and Supreme Court.But there can be no
judicial intervention until the Presiding Officer gives his order.
Whar are the Exceptions under the Law?

The law enables a party to merge with another party if at least two-thirds of
the legislators of the party are in favour of such a merger.
Neither the members who decide to merge nor the ones who stay in the
original party will face any disqualification.
According to Paragraph 5 of the Anti-Defection Law, the section provides
an exemption to the speaker, chairman, and deputy chairman of the legislature
from disqualification on grounds of defection.
What are the different Opinions on Anti-Defection Law?

Expert committees suggest that the decision to disqualify a member of

Parliament should be made by the President and the decision to disqualify a
member of the State Assembly should be made by the Governor, based on the
advice of the Election Commission.
The Supreme Court has recommended that the Parliament can consider setting
up an independent tribunal, which will be headed by a retired judge. It will
allow the defection cases to be settled quickly and timely.
Some suggest that the anti-defection law has ceased to function and has
various flaws. Hamid Ansari, the former Vice President of India opined that it
applies only in cases of no-confidence motions.
After enactment of the Anti-defection law, the MP or MLA has to follow the
party’s direction blindly and has no freedom to vote their judgment.
Due to Anti-Defection law, the chain of accountability has been broken by
making legislators accountable primarily to the political party.
What are the Suggestions for making Anti Defection Law more effective?

Anti-Defection Law should be used in a rational and fair sense. Experts have
suggested that the law should be valid in cases where the votes decide the
stability of the government.
Example: In the case of No-Confidence motions or annual budget, where the
votes decide the stability of the government.
Some believe that the power to deal with the question of disqualification
should be decided by an independent authority. Since the speaker's tenure
relies on the party's majority in the House, according to Justice Verma in
Hollohan Judgement, the speaker should not enjoy such authority.
According to the 170th Law Commission Report, intra-party democracy
should be endorsed, which would enable discussion among members of the
party and prevent dictatorship within the party.
An examination of the Tenth Schedule by the Supreme Court should take
place to ensure that the use of Anti Defection Law is directed in the right
manner. The role of the Court as a guiding institution can supervise and
correct the drawbacks of the law.
What are the Recent occurrences on Anti Defection Law?

In 2020, the Supreme Court stated that the speakers should decide on the
question of disqualification within a "reasonable time".
The case of Keisham Meghachandra v. the Hon'ble Speaker Manipur (2020)
In Keisham Meghachandra v. the Hon'ble Speaker Manipur, Justice Rohinton
Nariman talked of the need to set an external means to deal with defection
cases.
In his words, " Parliament may seriously consider amending the Constitution
to substitute the Speaker of the Lok Sabha and Legislative Assemblies as an
arbiter of disputes concerning disqualification which arise under the Tenth
Schedule"
He further continued that it can be "with a permanent Tribunal headed by
a retired Supreme Court Judge or a retired Chief Justice of a High
Court, or some other outside independent mechanism to ensure that such
disputes are decided both swiftly and impartially, thus giving real teeth to the
provisions contained in the Tenth Schedule, which are so vital in the proper
functioning of our democracy”. The political crisis that occurred in
Maharashtra has also thrown new light on the roles of Speaker and Governor
and anti-defection Law.
NATIONAL DEVELOPMENT COUNCIL

National Development Council (NDC) is an executive body established by the

Government of India in August 1952, which is neither a constitutional nor a
statutory body. It is the apex body to take decisions on matters related to
approval of five year plans of the country. Prime minister is the ex-officio
chairman of the NDC.
Composition
National Development Council is composed of the members mentioned below:

(1) Prime Minister of India (Chairman of NDC)

(2) Chief Ministers of all states

(3) Administrators of all Union Territories

(4) All cabinet ministers

(5) Members of the Planning Commission

The secretary of the Planning Commission is also the secretary of the NDC. The
administrative assistance is also provided by the Planning Commission.

Objectives
NDC is an advisory body to the Planning Commission. The major objectives of
NDC can be listed below:

(1) To strengthen and mobilize the effort and resources of the nation in support
of the Plan.

(2) To promote common economic policies in all vital spheres.

(3) To ensure the balanced and rapid development of all parts of the country.

In addition to this, NDC provides a platform to all the states to discuss their
problems and issues related to development. Thus, it secures the cooperation of
the states in the execution of developmental plans.

Functions
To meet its objectives, the NDC has been assigned below functions:

(1) To prescribe guidelines for the formulation of the National Plan, including
the assessment of resources for the Plan

(2) To consider the National Plan as formulated by the Planning Commission

(3) To make an assessment of the resources required to implement the plan and
the way to augment the resources.
4) To consider important questions of social and economic policy affecting
national development

(5) To review the working of the Plan from time to time

(6) To recommend such measures that are necessary for achieving the aims and
targets set out in the National Plan.

NATIONAL INTEGRATION COUNCIL

National Integration is a council that is primarily ruled by the central

government of India under the prime minister’s governance. The NIC
(“National IntegrationCouncil”) of India was formed in the year 1961with the
membership of 147. The chairman of the national integration council is the
prime minister of India and the central government acts as an advisory body. It
was proposed in 1961 after the assembly conducted by Jawaharlal Nehru, then
the prime minister of India. The members of the National Integration council
include firstly different government bodies such as cabinet ministers, chief
ministers, and leaders of opposition parties. Apart from these members the NIC
also includes media heads, renowned entrepreneurs of the country, and some
celebrities. As mentioned earlier the basic purpose of the NIC (“National
Integration Council”) is to identify and resolve the problem regarding the
casteism, regionalism, and communalism system of India.

Role of National integration 

The basic role of the national integration council is to make the novice
understand the policy and the activity related to the policy. It was aimed to give
value to the cultural heritage of India by maintaining unity. The national
integration council aims to promote national integration amid the Indian society
by performing several activities. These activities generally include quiz
competitions, cultural presentations, programs related to state awareness, and
debates. Apart from all these programs the council also provides explanations
through practical exhibitions on the way the national integration council
works.The National Integration Council (NIC) has recently been reconstituted
and the meeting of the reconstituted NIC under the Chairmanship of the Prime
Minister was held on 23rd September, 2013. The NIC discussed the following
issues in detail:-  
  Communal Harmony- Measures to promote communal harmony,
measures to prevent communal disturbances, role of social networking
sites to promote national integration, tackling hate propaganda.  
 Confidence building measures to tackle communal disturbances, tackling
communal situations, taking help from all sections of society in removing
communal tension.  
 Safety and security of women.  
 Measures to tackle crimes against SCs/STs, positive intervention and
proper implementation of development schemes, laws relating to
SCs/STs, associating all sections of society in removing inter-caste
tension.

The objective of national integration council 

The council of national integration declared its goals and objectives in its first
meeting held in 1968. The council of national integration primarily sets its
objective not to stand with any internal conflict against religious freedom, any
injustice in the political, economic, and social things. More specifically the
objectives of national integration have mentioned below:

 To prevent the society from any violent approach by discouraging the

misleading elements, regional hostility, and communal malice.
 To implement such policies and principles to maintain the harmony for
which the country will stand together.
 National integration also helps to unite the constructive forces of the
country to intend national unity. It also provides encouragement,
solidarity, and articulation of the leadership in the country.
 National integration also helps to formulate appropriate community
activities and programs to bring peer-to-peer sentiment. It also
emphasizes the privileges of common citizenship.
 It aims to increase the standard of national life.

Importance of national integration 

Apart from the terminology, conceptually national integration is also important.

Especially for a diverse country like India, providing proper knowledge on
national integration is important as it helps to develop a sense of unity. National
integration also helps to build common citizenship among the people of the
country. Overall national integration is an educational process that helps the
government to develop a sense of loyalty to the country. It also helps to unite
the countrymen and the feeling of cohesion by the people and solidarity. Proper
teaching of national integration also helps to build all these above-mentioned
factors psychologically in the society and its people belonging from different
cultural backgrounds.