Government of the Union

S. Manikandan
 The Union Executive
• The President
• The Vice President
• The Council of Ministers
• The Attorney General for India
• The Comptroller and Auditor General of
India (CAG)
 The President
The Present President of India
• Pranab Mukherjee Preceded by
Pratibha Patil
Shri. Pranab Mukherjee
 Shri Pranab Mukherjee
• Father's Name: Late Shri Kamada Kinkar Mukherjee
• Mother's Name: Late Smt. Rajlakshmi Mukherjee
• Date of Birth: December 11, 1935
• Place of Birth: Mirati, Kirnahar, District: Birbhum, West Bengal
• Marital Status: Married
• Spouse's Name: Late Smt. Suvra Mukherjee
• Children: Two sons and one daughter
• Educational Qualifications: M.A. (History), M.A. (Political Science),
LL.B., D. Litt. (Honoris Causa), Educated at Vidyasagar College
• Permanent Address: Flat No. 2-A, First Floor, 60/2/7, Kavi Bharti
Sarani, Lake Road, Kolkata-700 029 West Bengal, Tel. (033)
24648366
• Present Address: Rashtrapati Bhavan, New Delhi, 110 004., Tel:
011-23015321
• Profession: Political and Social Worker, Teacher, Journalist, Writer
• Family Background: Father was a freedom fighter, was imprisoned
for more than 10 years, participated in all Congress movements
from 1920, was a member of AICC, and West Bengal Legislative
Council (1952-64), President, District Congress Committee, Birbhum
(WB).
 Election of the President
• Article 54 of the Indian Constitution discusses the
election of the President.
• It says that the President shall be elected by the
members of an electoral college, which consists of the
elected members of both the Houses of Parliament,
and the Legislative Assemblies of the States and the
two Union Territories, namely Delhi and Puducherry.
• The election of the President is held in accordance
with a system of proportional representation by means
of a single transferable vote. He can be re-elected to
the office of the President.
• The oath of the President is administered by the Chief
Justice of India, and in his absence, by the most senior
judge of the Supreme Court.
 Eligibility
• Article 58 of the Indian Constitution says that the
presidential candidate must:
• Be a citizen of India.
• Have completed the age of thirty-five years.
• Be qualified for elections as a member of the Lok
Sabha.
• Not hold any office of profit under the Union or
any State government, or any local or other
authority.
 Term of office
• Article 56 of the Indian Constitution says that the President shall
hold office for a term of five years from the date he takes up his
post.
• He may resign from his office by writing his resignation to the Vice-
President of India.
• But, he will continue to hold his office, in spite of tendering his
resignation, until his successor takes up his office.
• And, before his office gets vacated, an election should be held for
the same.

• Article 61 provides for the manner in which he can be impeached

on the violation of the Constitution.
• The Vice-President acts as his substitute in case his office falls
vacant on the grounds of his death, resignation or impeachment or
otherwise.
• Such a vacancy should be filled by an election necessarily taking
place within six months of his office falling vacant.
Power and Duties of the President
The President of India is vested with
• the Executive
• Legislative
• Emergency
• Diplomatic
• Judicial and
• Military powers
 Executive powers
• All the executive powers of the Union shall be vested
in him.
• These powers should be exercised by him in
accordance with the Constitution of India.
• He appoints the Prime Minister and the Council of
Ministers.
• He also appoints the judges of the Supreme Court and
the High Courts in the states, besides appointing the
Attorney General and Comptroller and auditor General
of India.
• Among other critical powers, he enjoys the pardoning
power, whereby he can pardon the death sentence
awarded to a convict.
 Legislative powers
• He can dissolve the Lok Sabha and end a session of the
Parliament.
• He can also address the Parliament in its first session
every year.
• He can nominate 12 members to the Rajya Sabha.
These members must have extra ordinary
accomplishments in the fields of science, art, literature
and social service.
• He can also nominate 2 members to the Lok Sabha
from the Anglo-Indian Community.
• When a bill is passed by the Parliament, the President
can give or withhold his assent to it.
• He can also return it to the Parliament, unless it's a
Money Bill or a Constitutional Amendment Bill.
 Emergency powers
• He can declare national, state and financial
emergency.
• National emergency can be declared on the
grounds of war, external aggression or armed
rebellion in the country.
• This can be done on the written request of the
Cabinet Ministers after the proclamation has
been approved by the Parliament.
• State emergency can be imposed in a state if it
fails to run constitutionally.
• Financial emergency can be proclaimed if there is
a likelihood of the financial instability in the
country.
 Financial powers
• Only when the President recommends can a
money bill be introduced in the Parliament.
• He lays the Union budget before the
Parliament and makes advances out of the
Contingency Fund.
 Diplomatic, Military and Judicial
powers
• He appoints ambassadors and high
commissioners to other countries.
• All international treaties are signed on his behalf.
• Under Military powers, he can declare war and
conclude peace.
• He appoints Chief of Army, Navy and Air Force.
• He can dismiss judges if two-third majority of the
members present of the two Houses of the
Parliament pass the resolution to that effect.
 Salary
• The salary and allowances of the President are
fixed by the Parliament of India.
• The current salary of the President is Rs
150000 per month.
Vacancy in the Office of President
A vacancy in the office of the President may
caused in any of the following ways
• (i) on the expiry of his term of five years
• (ii) by his death
• (iii) by his resignation
• (iv) on his removal by impeachment
 Impeachment of President
• Impeachment is the process to remove the President of
India from his office before his term expires.
• The Impeachment can be carried out if the Constitution of
India is violated by the President and the proceedings can
be initiated in either of the two houses of the Parliament.
• Two-thirds majority is required to pass the resolution in the
House.
• Thereafter, a notice signed by a quarter of the members of
the House and containing the charges is sent to the
President.
• After 14 days the charges are taken into consideration by
the other House and in the meantime the President can
defend himself.
• If the charges are approved by the second House also then
the President is said to have been impeached. He has to
leave his office.
 The Vice President
• Shri Mohd. Hamid Ansari
• Father's Name: Mohammad Abdul Aziz Ansari
• Mother's Name: Mrs. Aasiya Begum
• Date of Birth: 1 April 1937
• Place of Birth: Calcutta
• Marital Status: Married
• Spouse's Name: Mrs. Salma Ansari
• Children: Two sons and one daughter
• Educational Qualifications: BA (Hons); MA (Political Science)
• Permanent Address: D-55, IFS Apartments, Mayur Vihar, Phase-I,
Delhi - 110091
• Present Address: Vice-President House, 6, Maulana Azad Road,
New Delhi - 110011
Tel. - 23016422, 23016344
• E-mail: vpindia@sansad.nic.in
Shri. Mohmed Hamid Ansari
 Residence of the Vice President
• Unlike the President, the Vice President is not
allotted any special residential privileges while
in office.
• While the President of India stays in the
Rastrapati Bhavan, the Vice President is not
subject to any such benefits during his or her
tenure as the Vice President.
 Role of the Vice President
• According to the Constitution of India, the office of the Vice
President is the second highest constitutional post in independent
India.
• The Vice President is the 'ex-officio' Chairperson of the Rajya
Sabha.
• The office of the Vice President in India is complementary to
that of the President, in that, the Vice President takes over the
role of the President in the latter’s absence.
• In other words, the role of the Vice President is to assist the
President in being the nominal head of the Republic of India.
• However, one must remember that the office of the President
and the Vice President cannot be combined in one person, as per
the Constitution of India.
 Powers and Functions of the Vice
President
• The Vice President of India, after the President,
is the highest dignitary of India, and certain
powers are attached to the office of the Vice
President. These are:
• The Vice President shall discharge the functions
of the President during the temporary absence
of the President due to illness or any other cause
due to which the President is unable to carry out
his functions.
• The Vice President shall act as the President, in case
of any vacancy in the office of the President by reason
of his death, resignation, removal through
impeachment or otherwise. The Vice President shall
take over the duties of the President until a new
President is elected and resumes office.
• The Vice President is the ex-officio Chairman of the
Council of States.
• When the Vice President acts as, or discharges the
functions of the President, he or she immediately
ceases to perform the normal functions of being the
Chairman of the Council of States.
 Eligibility Criteria
The qualifications needed to become a Vice
President of India are the following:
• He or she must be a citizen of India.
• He or she must be over 35 years of age.
• He or she must not hold any office of profit.
• He or she must be qualified for election as a
Member of the Rajya Sabha or the Council of
States.
 Facilities for the Vice President
• The Vice President, unlike the President, is not
entitled to any special emoluments and
privileges during his term of office.
• However, when he discharges the duties of
the President in the latter’s absence, the Vice
President enjoys all the benefits that are
enjoyed by the President, during that tenure.
 Salary of the Vice President
• The Vice President is entitled to receiving the
salary of the Chairman of the Council of
States, which presently amounts to Rs
1,25,000 per month.
• However, when the Vice President performs
the functions of the President or discharges
the duties of the President, in the latter’s
temporary absence, he is entitled to the salary
as well as special privileges of the President.
 Selection Process of the Vice
President
• Like the election of the President, the election of the
Vice President is indirect and in accordance with the
system of proportional representation, through the
concept of a single transferable vote by secret ballot.
• The electoral college, which consists of members of
both houses of the Parliament, cast their votes to elect
the Vice President.
• However, there is a slight difference in the election of
the Vice President and that of the President. The
members of the State Legislatures have no role to play
in the election of the Vice President, unlike that of the
President.
• The Election Commission of India, which holds
elections in the country, is responsible for ensuring
that free and fair elections to the post of a Vice
President are held in the following steps:
• A Returning Officer who is appointed for the
elections, sends out public notices issuing the date of
election to the office of the Vice President. The
elections for the same must be held within a period
of 60 days of the expiry of the term of office of the
previous Vice President.
• The nomination of candidates to the office of a Vice
President must be affirmed by 20 electors (Members
of Parliament) who act as proposers, and 20 electors
who act as seconders.
• Each candidate must deposit a total of Rs 15,000 to
the Reserve Bank of India, as part of the nomination
process.
• The Returning Officer carefully scrutinises and adds
to the ballot, the names of all eligible candidates.
• The elections are then held by proportional
representation by means of a single
transferable vote. The nominated candidates
can also cast their votes.
• The Returning Officer declares the results to the
electoral college, the Central Government and
the Election Commission of India, respectively.
The name of the Vice President is then officially
announced by the Central Government.
 Duty Term or Period of the Vice
President
• The office of the Vice President is for a period
of five years. There is no fixed retirement age
to the Vice President, as he or she can remain
in the post for five years.
• However, he or she can be re-elected as the
Vice President for any number of times. The
office of the Vice President can also terminate
earlier before the fixed five-year term, either
by resignation or by removal by the President.
• There is no formal process of impeachment for the
removal of the Vice President, and a removal
proceeding can be initiated when members of the
Rajya Sabha vote against the Vice President in an
effective majority and members of Lok Sabha agree
to this decision in a simple majority.
• A total of 14 days advance notice must be given prior
to the initiation of the removal proceedings of the
Vice President. In such cases, when a temporary
vacancy in the office of the Vice President is created,
the Deputy Chairman of the Rajya Sabha takes over
the role of the Chairman of the Rajya Sabha.
 Pension of the Vice President
• Although there is no particular fixed pension
in the Constitution for the Vice President of
India, according to the Vice President’s
Pension Act of 1997, the pension of the Vice
President is half of the salary that he/she is
entitled to, during his term of office.
 Facts…
• Dr. Sarvepalli Radhakrishnan was the first Vice
President of independent India, elected to the office
in 1952.
• The only Vice President to be re-elected for a second
term was Dr. S Radhakrishnan, who again became
the Vice President in the year 1957.
• No Vice President, in the history of independent
India, has had to face removal proceedings before
the expiry of the term of office.
• K R Narayanan, Shankar Dayal Sharma, R
Venkataraman, V V Giri, Zakir Hussain and Dr. S
Radhakrishnan, each of whom was a President of
India at different points in time, remained Vice
Presidents before they were elected as Presidents.
• The present Vice President of India, Mohammad
Hamid Ansari, has served as an ambassador to many
countries across the world.
The Prime Minister of India
The Head of the Government
• The Prime Minister of India is the head of the
executive branch of the Government of India.
• His position is distinct from that of the President of
India, who is the head of the State.
• As India follows a parliamentary system of
government, most of the executive powers are
exercised by the Prime Minister.
• He acts as an advisor to the President and is the
leader of the Council of Ministers.
• The President appoints the Prime Minister of India
and on his advice, appoints the Council of Ministers.
• The Prime Minister can be a member of either the
Lok Sabha or the Rajya Sabha.
 Prime Ministers of India Since
independence in 1947
• India has had 15 different Prime Ministers till
now. There have been many outstanding
leaders from different political parties who
held India’s top post. Some of them served a
complete five-year term while others
governed the nation for more than five years.
• Narendra Modi is the present Prime Minister
of India as leader of single majority party
gained in the last general election.
The Present Prime Minister of
India
 Shri Narendra Damodardas Modi

• Born: September 17, 1950 (age 65), Vadnagar

• Spouse: Jashodaben Narendrabhai Modi (m. 1968)
• Parents: Heeraben Modi, Damodardas Mulchand Modi
• Narendra Damodardas Modi is the 15th and current Prime
Minister of India, in office since 26 May 2014. Modi, a leader
of the Bharatiya Janata Party was the Chief Minister of
Gujarat from 2001 to 2014 and is the Member of Parliament
from Varanasi.
 Background of Narendra Modi
• Narendra Damodardas Modi hails from a family of grocers in a town
called Vadnagar in the northern Mehsana district of the state of Gujarat.
• He was born on 17 September 1950 to Damodardas Mulchand Modi and
Heeraben Modi. Narendra Modi is the third eldest of his six siblings.
• Modi’s saga of struggle began when as a teenager, he, along with his
brother, used to run a tea stall near a railway station in Ahmedabad.
• He did his schooling from Vadnagar and obtained a master's degree in
Political Science from the Gujarat University.
• One of his school teachers described him as an average student but a
brilliant debater.
• During his college days, he acted as a pracharak (promoter) of the
Rashtriya Swayamsevak Sangh (RSS).
The official residence of the Indian
Prime Minister
• 7, Race Course Road, New Delhi.
• It is also his main workplace.
• The official name of the residence is “Panchavati”.
• It was built in the 1980s.
• The entire complex spreads over an area of 12 acres
and comprises five bungalows.
• When a person is appointed as the new Prime
Minister, his predecessor vacates the residence and
the incumbent is advised to move to his official
residence at the earliest.
Roles and Responsibilities of Prime Minister
The roles and responsibilities of the Prime Minister are as
follows:
• Link between President and Council of Ministers:
– The Prime Minister is the leader of the Council of Ministers and serves
as the channel of communication between the President and the
Council of Ministers.
– It is his duty to communicate to the President all the decisions taken
by the Council of Ministers and to provide information regarding
administration of the Union or proposals for the legislature as called
for by the President.
Allocation of Portfolios:
– He allocates portfolios among the ministers and distributes work
among various ministries and offices.
– The Prime Minister coordinates work among various ministries and
departments through the Cabinet Secretariat.
• Prime Minister also retains certain portfolios
that are not allocated to other ministers.
• He is generally in charge of the following
ministries/departments:
– Ministry of Personnel, Public Grievances and
Pensions Ministry of Planning Department of
Atomic Energy Department of Space
Appointments Committee of the Cabinet
 Leader of the Cabinet
• The Prime Minister summons and presides over meetings of
the cabinet and determines what business shall be transacted
in these meetings.
• Link between the Parliament and the Cabinet:
– The Prime Minister is also the link between the cabinet and the
Parliament.
– He is the chief spokesperson of the government in the Parliament,
along with the leader of the party in majority in the Lok Sabha.
– It is his responsibility to announce important policy decisions.
– The Prime Minister can also intervene in debates of general
importance in the Parliament to clarify the government’s stand or
policy.
 Official Representative
• The Prime Minister represents India in various
delegations, high-level meetings and
international organisations and also addresses
the nation on various occasions of national
importance.
 Powers/Authorities of Prime Minister
The various powers and authorities enjoyed by the
Prime Minister are as follows:
• Head of the Government:
– The Prime Minister of India is the head of the
Government.
– Though the President is the head of the State, most of
the executive decisions are taken by the Prime Minister.
– All the important decision-making bodies in India, like
the Union Cabinet and the Planning Commission, run
under his supervision.
Leader of the Council of Ministers
• As far as the Prime Minister’s relation to the Council of
Ministers is concerned, his position is that of “First among
Equals”.
• In the case of death or resignation of the Prime Minister, the
entire Council of Ministers has to resign.
• The ministers directly report to the Prime Minister.
• He can also remove a minister by asking for his resignation or
having him dismissed by the President.
• If any difference of opinion arises between the Prime Minister
and any other minister, the opinion of the Prime Minister
prevails.
 Leader of the Parliament
• The Prime Minister is the Leader of the
House to which he belongs.
• He can take part in debates in the House
of which he is not a member.
• He can also advise the President to
dissolve the Lok Sabha.
 Representative of the Country
• In international affairs, he is the
spokesperson of the country.
• The Prime Minister plays a major role in
directing India’s foreign policy.
Selection Process of Prime Minister
• The Constitution states that the President of India should appoint the
leader of the party or alliance which is in majority in the Lok Sabha as
the Prime Minister of India.
• In case no party or alliance enjoys majority, the President appoints the
leader of the largest party or alliance as the Prime Minister.
• But he has to win the confidence vote in the Lower House of the
Parliament as early as possible.
• A member of either the Lok Sabha or the Rajya Sabha can be appointed
as the Prime Minister.
• If he is not a member of either House of the Parliament then he has to
be elected to either House within six months of his appointment.
• As the Prime Minister, he is the Leader of the House of which he is a
member.
 Term and Retirement Age of Prime Minister
• Unlike the President, the Prime Minister does not have a
fixed tenure.
• The full term of the Prime Minister is five years, which
coincides with the normal life of the Lok Sabha.
• However, the term can end sooner if he loses the vote of
confidence in the Lower House.
• So, it can be said that he remains in power as long as he
enjoys the confidence of the Lok Sabha.
• The Prime Minister can also resign by writing to the
President.
• There are no term limits on the office of the Prime Minister.
• There is also no official retirement age.
 Facilities
• Official House called “Panchavati”
• Personal staff Special Protection Group (SPG)
who is responsible for his security
• Prime Ministerial car
• Exclusive aircraft (Air India One)
 Eligibility Criteria to become
Prime Minister of India
• To be eligible for the position of the Prime Minister of India, a
person should:
– Be a citizen of India.
– Be a member of either the Lok Sabha or the Rajya Sabha.
– Complete 25 years of age if he is a member of the Lok
Sabha
– or 30 years if he is a member of the Rajya Sabha.

• A person cannot be the Prime Minister of India if he holds any

office of profit under the Government of India, the government
of any state, or any local or other authority subject to the
control of any of the said governments.
 Salary of Prime Minister of India
• According to Article 75 of the Constitution of India, the
salary of the Prime Minister is decided by the Parliament
and revised from time to time.
• As on 31 July 2012 the monthly pay and allowances of the
Prime Minister of India was
– Rs. 1,60,000 (US $2,600).
Pay and Allowance of the Prime Minister on 31 July 2012 (in
rupees)
– Pay 50000
– Sumptuary Allowance 3000
– Daily Allowance 62,000 (@ 2,000 per day)
– Constituency Allowance 45000
– Gross1,60,000
 Pension
• Former Prime Ministers of India are provided
with:
– Rent-free accommodation for lifetime. Medical
facilities, 14 secretarial staff, office expenses against
actual expenditure, six domestic executive-class flight
tickets, and unlimited free train travels for first five
years.
– SPG cover for one year.
– After five years: One personal assistant and peon, free
air and train tickets and Rs. 6,000 for office expenses.
 Facts about Indian Prime Ministers…

• Jawaharlal Nehru was the longest serving Indian Prime

Minister, starting from India's independence in 1947 to his
death in 1964.
• Gulzari Lal Nanda served twice as the acting Prime Minister
of India after the death of Jawaharlal Nehru and Lal
Bahadur Shastri.
• Indira Gandhi was named “Woman of the Millennium” in a
poll organised by the British Broadcasting Corporation
(BBC) in 1999. Former Prime Minister Indira Gandhi was
the first woman to receive the Bharat Ratna. She was also
awarded Bangladesh’s highest civilian award “Bangladesh
Swadhinata Samman” in 2011.
• Morarji Desai was the first non-Congress Prime Minister of
India. He was also the first Prime Minister to resign without
completing his full term. Morarji Desai is the only Indian Prime
Minister to be conferred upon the Nishaan-e-Pakistan
(Pakistan’s highest civilian award).
• Rajiv Gandhi was the youngest Indian Prime Minister; he
assumed office at the age of 40. Rajiv Gandhi was the first
Prime Minister of India to live in 7, Race Course.
• P.V. Narasimha Rao was the first Prime Minister from South
India.
• H.D. Deve Gowda was the first Prime Minister of India who
was a member of the Rajya Sabha.
• Dr. Manmohan Singh was the longest-serving Prime Minister
of India who was a member of the Rajya Sabha (2004-2014).
 The Council of Ministers
• Effective executive power rests with the Council of
Ministers, headed by the prime minister, who is
chosen by the majority party or coalition in the Lok
Sabha and is formally appointed by the president.
• The Council of Ministers, also formally appointed
by the president, is selected by the prime minister.
• The most important group within the council is the
cabinet.
 The Council of Ministers

• Cabinet Ministers
• Ministers of State (Independent Charge)
• Ministers of State
Functions of the Council of Ministers
• Though there is an elected President at the top of the
Government structure, the constitution in reality
establishes a British cabinet type of Government in India.
• Artivle 74(1) requires the President to have a Council of
Ministers with the Prime Minister at the head to “aid
and advice” him in the exercise of his power.
• To remove the impression that the advice given by the
Council of Ministers may not be binding on the
President, the 42nd amendment of the constitution has
made the ministerial advice expressly binding on the
President.
 The Attorney General for India
PART V
CHAPTER I.-THE EXECUTIVE
76. Attorney-General for India.-
(1) The President shall appoint a person who is qualified to be appointed a
Judge of the Supreme Court to be Attorney-General for India.

(2) It shall be the duty of the Attorney-General to give advice to the Government
of India upon such legal matters, and to perform such other duties of a legal
character, as may from time to time be referred or assigned to him by the
President, and to discharge the functions conferred on him by or under this
Constitution or any other law for the time being in force.

(3) In the performance of his duties the Attorney-General shall have right of
audience in all courts in the territory of India.

(4) The Attorney-General shall hold office during the pleasure of the President,
and shall receive such remuneration as the President may determine.
Shri Mukul Rohtahi
• The Attorney General has a unique role to play as a Minister.
• One part of the Attorney General's role is that of a Cabinet
Minister. In this capacity the Minister is responsible for
representing the interests and perspectives of the Ministry at
Cabinet, while simultaneously representing the interests and
perspectives of Cabinet and consequently the Government to
the Ministry and the Ministry's communities of interest.
• The Attorney General is the chief law officer of the Executive
Council. The responsibilities stemming from this role are
unlike those of any other Cabinet member. The role has been
referred to as "judicial-like" and as the "guardian of the public
interest".
• Much has been written on the subject of ministerial
responsibilities and the unique role of the Attorney General.
• There are various components of the Attorney
General's role. The Attorney General has unique
responsibilities to the Crown, the courts, the
Legislature and the executive branch of government.
• While there are different emphases and nuances
attached to these there is a general theme
throughout all the various aspects of the Attorney
General's responsibilities that the office has a
constitutional and traditional responsibility beyond
that of a political minister.
The statutory responsibilities of the office are
found in section 5 of the Ministry of the
Attorney General Act. Section 5 states:
"The Attorney General,
• is the Law Officer of the Executive Council;
• shall see that the administration of public
affairs is in accordance with the law;
• shall superintend all matters connected with
the administration of justice in Ontario;
• shall perform the duties and have the powers that belong to
the Attorney General and Solicitor General of England by law
and usage, so far as those powers and duties are applicable to
Ontario, and also shall perform the duties and powers that,
until the Constitution Act, 1867 came into effect, belonged to
the offices of the Attorney General and Solicitor General in
the provinces of Canada and Upper Canada and which, under
the provisions of that Act, are within the scope of the powers
of the Legislature;
• shall advise the Government upon all matters of law
connected with legislative enactments and upon all matters
of law referred to him or her by the Government;
• shall advise the Government upon all matters of a legislative
nature and superintend all Government measures of a
legislative nature;
• shall advise the heads of ministries and agencies of
Government upon all matters of law connected with such
ministries and agencies;
• shall conduct and regulate all litigation for and against the
Crown or any ministry or agency of government in respect
of any subject within the authority or jurisdiction of the
Legislature;
• shall superintend all matters connected with judicial offices;
• shall perform such other functions as are assigned to him or
her by the Legislature or by the Lieutenant Governor in
Council."
The Comptroller and Auditor General of
India (CAG)
PART V
CHAPTER V.- COMPTROLLER AND AUDITOR-GENERAL OF INDIA
149. Duties and powers of the Comptroller and Auditor-General

The Comptroller and Auditor-General shall perform such duties

and exercise such powers in relation to the accounts of the Union
and of the States and of any other authority or body as may be
prescribed by or under any law made by Parliament and, until
provision in that behalf is so made, shall perform such duties and
exercise such powers in relation to the accounts of the Union and
of the States as were conferred on or exercisable by the Auditor-
General of India immediately before the commencement of this
Constitution in relation to the accounts of the Dominion of India
and of the Provinces respectively.
Shri Shashi Kant Sharma (CAG)
• Shri Shashi Kant Sharma is Comptroller and
Auditor General (C&AG) of India since May,
2013.
• As a constitutional functionary, he is primarily
entrusted with the responsibility to audit the
accounts of the Union Government and of the
State Governments of India.
• His reports are laid before the Parliament and
Legislatures of the States.
• Shri Shashi Kant Sharma belongs to the 1976 batch of Indian
Administrative Service (Bihar Cadre).
• He has wide experience in the fields of Public Administration, Financial
Services and Infrastructure Development.
• He was serving as Defence Secretary before joining the position of C&AG.
He has also served as Secretary, Department of Financial Services in the
Ministry of Finance and as Secretary, Information Technology in the
Ministry of Communication and I.T.
• He also served as a Director on the Boards of Directors of State Bank of
India and Life Insurance Corporation of India.
• He has worked as Director General (Defence Acquisition) in the Ministry
of Defence, Additional Secretary, Ministry of Personnel, Public Grievances
and Pensions and Principal Commissioner, Delhi Development Authority.
• Earlier he served as Joint Secretary in the Ministry of Defence and also as
Director in Ministry of Human Resources Development
• The role, function and duties of the Comptroller and Auditor
General are elaborated by an act of the Parliament passed in
1971.
• Arts.148-151 of the Indian constitution creates and regulates
the office of Comptroller and Auditor General of India.
• Dr. D.D. Basu considers the office of the Comptroller and
Auditor General as “pivotal” to the control of entire financial
system of the country.
• Dr. Ambedkar felt that the Comptroller and Auditor General
of India shall be the most important officer under the
constitution of India.
 The Union Legislature
• The Parliament of India
–Lok Sabha (Lower House)
(the House of People)

–Rajya Sabha (Upper House)

(the Council of States)
 Parliament – An Introduction
• Meaning of the word
‘Parliament’ -- is a word derived
from the French expression
parlement which means
‘speaking’, and Latin word
‘parliamentum’ which means
‘talking. It has come to mean
‘meeting for discussion’.
• Different Names of Legislature:
In India Parliament is known as
Sansad. Other nations have their
own names viz. Diet in Japan,
Congress in US, Knesset in Israel.
Basic Characteristics of Parliament
India has borrowed this nomenclature from
England and has adopted what is called as
‘Westminster model of parliamentary system’
but Indian Sansad has its unique set of
characteristics such as
1.Union Parliament is non-sovereign
2.Representation to both the Houses is given on
the basis of population
3.Provision of joint sitting of both the Houses
4.Provision of nomination in both the Houses
Composition
Basic Principle of Composition:
Bicameralism means that
Parliament/ Legislature shall have
two houses, one representing
people and other representing units
of federation (states) to ensure the
federal system of government.
Components:
• Lok Sabha (The House of People/
Lower House)
• Rajya Sabha (Council of States/
Upper House)
• President is an integral part of
Parliament
 Lok Sabha
• Total members – 545 (530 from different states + 13 from UTs + 2 Anglo-
Indians)
• Method of Election: Directly by the people on the basis of universal adult
franchise and territorial constituencies
• Basic qualifications of the members:

1. Must be a citizen of India;

2. Must be not less than 25 years of age;
3. Should not hold any Office of Profit;
4. Should neither be insane, nor bankrupt, and
5. Should possess all those qualification prescribed by the Parliament from time to time.

• Tenure: 5 years
• Number of Sessions: Two Mandatory Sessions
• Quorum: 1/10 th
• Presiding Officer: Speaker, elected by the members
 Rajya Sabha
• Total members – 250 (238 elected + 12 nominated by the
President from amongst scientists, artists, scholars, social
workers etc.)
• Method of Election: Members are elected by the members of
State Legislative Assemblies through open ballot by single
transferable vote of proportional representation system
• Tenure: Permanent House but members of Rajya Sabha have
6 years terms and 1/3rd of its member retire every second
year
• Qualifications: Not less than 30 years of Age, other
qualifications remain as those required for Lok Sabha.
• Presiding Officer: Vice President is ex-officio Chairman of
Rajya Sabha
• Quorum: 1/10th
 Parliament of India –
Composition, Powers and Role
7 essential functions of the Parliament of India
• Our constitution has adopted a Parliamentary
System of Government. Under such a system there is
a curious mixture of the legislative and executive
organs of the state.
• While discussing the functions of Parliament this
aspect should always be borne in mind.
• To begin with the Parliament provides the Council of
Ministers to run the administration of the State and
holds it responsible.
• The membership, of the Council of Ministers is
drawn from the two chambers of the Parliament.
 Controlling the Executive
• A very significant function of Parliament is to exercise its control on
the Council of Ministers by way of holding it responsible for its acts
of omissions and commissions. Article 75(3) expressly states that
the Council of Minister remains in office, so long as it enjoys the
confidence of the Lok Sabha.
• Parliament exercise the control by asking question to the ministers
through its members, by raising adjournment motions, cut
motions, censure motions or debates.
• More importantly the Lok Sabha can pass a vote of no confidence
against the Council of Ministers which compels it to resign
collectively.
• Thus the parliament holds the ministers responsible individually
and collectively.
• This critical function of the Parliament ensures a responsive and
responsible government.
 Law Making

• Law making is the primary function of any

legislature.
• The Parliament of India makes law on all matter
included in the Union list and concurrent list of
course the state legislatures share with the
parliament the power to make law from the
concurrent list with its prior permission.
• However under certain special circumstances the
Parliament can make law for the states also.
For examples the special circumstances are
a) Promulgation of Emergency,
b) A resolution passed by Rajya Sabha with special
majority asking to make law for the states in the
national interest which can remain valid for one year,
c) A resolution by two or three states urging upon the
Parliament to make law for them on certain items of
the State list,
d) If there is any international treaty or agreement is to
be executed.
 Controlling the Finance
• The Parliament, particularly, the Lok Sabha exercises substantial
functions in the domain of finance.
• The legislature of any responsible system of Government has to
ensure that public funds are raised and spent with its consent
and control.
• The Constitution of India has armed the union Parliament more
particularly the Lok Sabha to exercise greater control over the
National finance.
• The executive or the Government of the nation has no authority
to spend any money on its own without the approval of the
Parliament.
• Every financial year, the budget prepared by the Finance
Minister is presented in the Lok Sabha for its approval.
• Any proposal for levying new taxes or any proposal
for expenditure needs the sanction of the
Parliament.
• There are also two very important Committee of the
Parliament known as Public Accounts Committee and
the Public Estimates Committee, and Comptroller
and Auditor General, a Constitutional authority
appointed by the President who examine the legality
of expenditure and place a report for discussion in
the Parliament.
• However it may be noted that Lok Sabha enjoys the
exclusive power to control the national finances. The
Rajya Sabha has no role to play in such a field.
• A Money Bill can only be introduced in the Lok Sabha.
After it is passed there it is sent to the Rajya Sabha who
has to return the Bill within fourteen days with or
without its recommendations.
• However these recommendations may or may not be
accepted by the Lok sabha. If the bill is not returned
within the specified time of 14 days it is deemed to be
approved by the Rajya Sabha.
 Raising Deliberations
• As an organ of information the Parliament has
a formidable role to play. All the important
administrative policies are discussed on the
floors of the Parliament.
• So that not only the Cabinets gets the advice
of the Parliament and learns about its lapses
but the nation as a whole is enlightened about
serious matters of public importance.
• This undoubtedly contributes to the growth of
political conscious on the part of the people.
 Constituent Functions
• Parliament is the only body, under the constitution,
to initiate any proposal for amendment of the
constitution.
• A proposal for amendment can be initiated in either
House of Parliament. The bulk of such proposal are
approved finally when passed by both the chambers
with special majority of two-thirds of its members.
• However some provisions require the approval of at
least half of the states after they are passed by the
Parliament with required majority.
 Electoral Functions
• The Parliament has some electoral functions
to perform.
• It takes part in the election of the President
and the Vice-President of India.
• It also elects various members to its
committees, and the presiding officers and
Deputy presiding officers.
 Judicial Functions
• The judicial functions of the Parliament are no less significant.
• It has the power to impeach the President, the Vice-President, the
judges of the Supreme Court and the High Court.
• The Chairman and members of the Public Service Commission’s of
the Union and the States as well, the Comptroller and Auditor
General.
• Impeachment is a judicial trial of the legislature to remove high
Constitutional authorities after such a proposal is passed with
required majority.
• It can also punish its members and officials for its contempt’s. This
power is not subject to review of the court.
 Parliamentary Committees
“Committee are eyes, ears and hands of the legislature and sometimes these become the brain of
the house also” – Thomas Reed

Basic Purpose of the Committees is to

1. Bring Efficiency
2. Save Time,
3. Expert Knowledge can be acquired
4. Members of Opposition also get chance to participate
5. Discussions above party-lines
Different Committees:
• Adhoc Committees: Usually on topical issues.
• Standing Committees: the Business Advisory Committee, the Committee on
Petitions, the Committee of Privileges and the Rules Committee, Department
Related Standing Committees such as Committee on Commerce, HRD, Home
Affairs etc.
• Other Committees: Committee on Estimates, Committee on Public Undertakings,
Committee on Public Accounts, Business Advisory Committee, Committee on
Private Members’ Bills and Resolutions, Committee of Privileges, Committee on
Petitions, Committee on the Welfare of SCs and STs, Committee on Empowerment
of Women etc.
 Role of Parliament – in Nutshell

• To form or end the Government

• To represent the electorate
• To legislate
• To hold the Government accountable for its
actions
• To monitor the expenditure of public funds
• To be a forum for debate
• To be a forum for the expression of grievances
• To call for Information
 Critique of Parliament
• Only a talking-shop of the so-called representatives who are elected most of the
times by gaining less than 50% votes
• Absenteeism, Disruption in the Proceedings etc.
• Decisions are taken by organizations/ party-in-power outside the Parliament,
and Parliament is used just for formal ratification. Indo-US nuclear deal is one
example.
• Gender-imbalance
• Lack of intra-party democracy within parties does not let the debate become
non-partisan
• Number of days of Parliament sittings is declining. In 1951 Lok Sabha sat for 151
days, in 2007 it came down to 66.
• Inquiry reports are either not tabled, or at times delayed for political reasons.
• Members are turn-coats and find ways and means to defect.
• Charges of corruption against members
• There is a legislative vacuum. Laws on burning issues like surrogacy, cloning,
money laundering, euthanasia, terrorism either need be reformed or made.
Many sensitive bills are still pending, Women Reservation Bill is one.
 Reforms in Parliament

• Parliament should sit for a minimum of 120-140 days

• Important decisions on policy matters must be
discussed in the Parliament before they are taken.
• Parties must give more representation to women to
bring about a desirable gender-balance in the
numbers in Parliament
• People should be given the right to recall, if MPs do
not participate in Parliamentary proceedings
• Ensure more participation of the voters in the
election so as to make the concept of representation
valid and justifiable.