COI UNIT 2
COI UNIT 2
ASSISTANT PROFESSOR
DEPARTMENT OF CSE
Unit-2
Money Bill
Financial Bill
Ordinary Bill relating to Article 3 of the
Constitution relating with changing name and
boundary of the States.
Sessions of Indian Parliament
Executive Functions:
For all its work, the Council of Ministers is
collectively responsible before the Lok Sabha. The
leader of the majority in the Lok Sabha becomes the
Prime Minister. The ministers remain in office so
long as they enjoy the confidence of majority in the
Lok Sabha.
The Lok Sabha can remove the ministry from office
by passing a vote of no- confidence against it.
Powers and Functions of Lok Sabha
Financial Powers:
The Lok Sabha has vast financial powers. A money bill can be
introduced only in the Lok Sabha. After having been passed by it,
the money bill goes to the Rajya Sabha. Such a bill can be delayed
by the Rajya Sabha for a maximum period of 14 days.
If the Rajya Sabha fails to pass a money bill and 14 days elapse
from the date of the submission of the bill to it, the money bill is
deemed to have been passed by both the houses of Parliament. It
is sent to the President for his signature.
In case of any dispute as to whether a particular bill is a money bill
or not, the Speaker of the Lok Sabha gives the decision. His
decision is final and it cannot be challenged in any court or even in
the Rajya Sabha or the Lok Sabha.
No tax can be levied or collected or changed or abolished without
the approval of the Lok Sabha. The fiscal policies of the
government cannot be implemented without the consent of the
Lok Sabha.
Powers and Functions of Lok Sabha
Judicial Powers:
The Lok Sabha also performs some judicial functions. The
impeachment proceedings can be taken up against the President
either in the Lok Sabha or the Rajya Sabha. The President can be
removed from office only when an impeachment resolution is
adopted by each of the two Houses with a 2/3 majority of its
members.
The Lok Sabha also investigates the charges prepared by the Rajya
Sabha against the Vice-President of India. The Lok Sabha and the
Rajya Sabha can together pass a resolution for the removal of any
judge of the Supreme Court or of a State High Court.
Both the Houses can jointly pass a special address and present it
to the President for the removal of some high officers of the state
like the Attorney General, the Chief Election Commissioner and
the Comptroller and Auditor General of India.
Powers and Functions of Lok Sabha
Electoral Powers:
The Lok Sabha also performs some electoral functions. The
elected members of the Lok Sabha take part in the election of
the President. Members of the Lok Sabha and the Rajya
Sabha together elect the Vice-President of India. The
members of the Lok Sabha also elect a Speaker and a Deputy
Speaker from amongst themselves.
Speakers of Lok Sabha
• Citizen of India
• Completed 35 years of age
• Qualified for the election as a member of the Lok
Sabha
• Not hold any office of profit under the govt. of
India, state govt. of any local authority.
• Shall not be a member of either House of People or
House of legislature of any state
How is President elected?
There is no direct election for the Indian President. An electoral college elects him. The
Electoral College responsible for President’s elections comprises elected members of:
1. Lok Sabha and Rajya Sabha
legislatures
1. Nominated Members of union territories of Delhi and Puducherry
Term of Office
5 years from the date on which he enters upon his office
Eligible for re-election
His office can be terminated in either of two ways:-
By resignation in writing under his hand addressed to the Vice-
President of India
By removal of violation of the constitution by the process of
impeachment
In case if president dies or resigns, the VP will act as the President of India.
If President is sick or unable to perform his duty, the VP will only perform
his duty
Impeachment
He takes advises from Supreme Court however, those advises are not
Binding on him
He has pardoning power.
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• A presidential system is a system of
government where a head of government is
also head of state and leads an executive
branch that is separate from the legislative
branch. The United States, for instance, has a
presidential system.
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• A parliamentary system of government, as
prevalent in UK, is a system of democratic
governance of a state where the executive
branch gets its democratic legitimacy from
the legislature (parliament) and is also held
accountable to that legislature. In a
parliamentary system, the head of state is
normally a different person from the head of
government.
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1. SIMILARITIES
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In the parliamentary form of government there are two
heads. One is the nominal head, while other is the real
head. For example, in UK president is the nominal head
and the prime minister is the real head. The president of
UK is the head of the state where as the prime minister is
the head of the government. But in the presidential form
of government, there is only one head. As in USA, the
president is the head of not only of the states, but also of
the government.
There is no strict separation of powers in the
parliamentary form of government as in UK and India. The
ministers are also the part of the legislature. But
presidential form of government strictly follows the
principal of separation of powers. In the USA, the
president and his ministers are not the part of the
congress.
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The major difference between these two systems is that in a
Presidential system, the President is directly voted upon by
the people. He is answerable to the voters rather than the
legislature.
While in a parliamentary system, the legislature holds supreme
power. The prime minister is chosen by members of the
legislature and in practice is the leader of the majority party
in the legislature.
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In the Presidential form of government , both houses of
the legislature – i.e. the Senate and the House of
Representatives in USA- are directly elected. In the
parliamentary form of government , one of the house is
directly elected and the second house is nominated i.e.
the House of Commons is directly elected and the House
of Lords is indirectly appointed as in UK.
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How the office of the US President is different from
that of the Indian President?
Manner of election
US president is more or less directly elected
whereas the Indian president is indirectly elected.
The advantage of the directly elected head of the
government is the stability of the government.
Head of the State
The US President is both the Head of the State and
Head of the Government, whereas the Indian
president is only the head of the State. President of
the US is the real executive.
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How the office of the US President is different from
that of the Indian President?
Term of office
American President holds the office for 4 years and
he can seek re-election only once, while the Indian
president holds the office for 5 years and is eligible
for re-election any number of times.
Responsibility to Legislature
The US president is not part of any legislature and
is not responsible to the legislatures. In India, the
Parliament includes the President and the two
houses- Lok Sabha and Rajya Sabha.
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How the office of the US President is different from
that of the Indian President?
Removal process
Both the American and Indian Presidents
can only be removed from the office
through impeachment. In India either
house can initiate impeachment
proceedings against the president and with
the concurrence of the other house can
impeach the President. In US the power to
impeach solely lies with the Senate (upper
house).
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How the office of the US President is different from
that of the Indian President?
Emergency powers
Indian President wields huge powers during
emergency situations. He can proclaim both
external and internal emergencies. Indian President
can declare emergency in a state, dissolve state
legislature and dismiss the state council of
ministers. During financial emergency, he has the
power to reduce the salaries of all the government
officials including that of the Supreme Court and
High Court judges. He has a formidable list of
executive, financial and legislative powers which he
can exercise on the advice of the cabinet during
emergency.
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How the office of the US President is different from
that of the Indian President?
Independence of office
The Indian President needs to act as per the advice
of the Council of Ministers (CoM) while discharging
his duties. The CoM takes all the decisions
pertaining to the affairs of the country and executes
them under the President’s name.
In the US, the members of the cabinet are not
members of the Congress and are not responsible
to it. The American President has the power to
determine the policy of his government
independently without any external interference.
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How the office of the US President is different from
that of the Indian President?
Veto power
Indian President has comparatively lesser veto
power than the President of US. The President of
US can veto a bill passed by the Congress. He
needs to sign the bill if it is once again passed
by two-thirds majority of both the houses.
The Indian President on the other hand can send
the bill for reconsideration only once. If the bill is
passed again even by a simple majority in the
Parliament he is obliged to sign the bill.
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How the office of the US President is different from
that of the Indian President?
Pocket veto
US President can exercise his pocket veto power by not
signing the bill for 10 days if he knows the session of the
congress will end within 10 days. In such cases the bill
dies.
Indian President can keep the bill for indefinite period as
there is no constitutionally prescribed time limit to give
his assent. The President can use his pocket veto if the
fall of the government appears imminent. Pocket veto
was first exercised by the President Giani Zail Singh
with respect to the Indian Postal Bill which was passed
by the Rajiv Gandhi government. Subsequently, the new
government withdrew the bill in 1989.
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How the office of the US President is different from
that of the Indian President?
State bills
Certain state bills need the previous
consent of the president and he possess
absolute veto power with respect to some
types of state bills. The US President does
not have such powers.
Dissolving the legislature
The Indian President can dissolve the
Parliament while the US President does not
have such powers.
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Union Executive
Article 74 Mentions how Prime Minister and President are both connected with
council of ministers. The Council with PM as head, advises President
on various issues.
Article 75 Mentions three things:
President appoints PM and other ministers are appointed by th e
Articles President on the between
Relationship advicePrime
of the PM.and the President
Minister
Ministers
Article 74 Mentions holdMinister
how Prime their and
office during
President theconnected
are both pleasure withof theofPresident.
council
ministers. The Council with PM as head advises President on various issues.
Council of Ministers is collectively responsible to the Lok Sabha.
Article 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.
Council of Ministers
Two articles - Article 74 and Article 75 of the Indian Constitution deal with
the Council of Ministers.
Article 74 mentions that the council will be headed by the Prime Minister of
India and will aid and advise the President.
State who does not work under a Cabinet Minister. When any
matter concerning his Department is on the agenda of the Cabinet,
he is invited to attend the meeting.
3. Minister of State without individual charge--He is a Minister
They do not have any meaningful role in any bill's rectification nor in
a constitutional amendment.
Powers & Functions of Legislative Assembly
(1) It can create laws on any subject in the State List; it can also create laws
on the Concurrent List provided the law does not contradict or conflict
any law already made by the Parliament.
(2) The Assembly asserts control over the Council of Ministers. Assembly
members can question the ministers, move motions and resolutions, and
also pass a vote of censure in order to dismiss the state government. The
government ministry is collectively accountable to the Legislative
Assembly. If the ministry is defeated in the Assembly, it amounts to the
passing of a no-confidence vote against the government.
(3) The assembly controls the State's finances. A money Bill can emerge
The law that SC declares is binding on all the courts in India and on the
As per Article 124, an Indian citizen who is below 65 years of age is eligible
to be recommended for appointment as a judge of the SC if:
1. he/she has been a judge of one or more High Courts, for at least 5 years, or
2. he/she has been an advocate in one or more High Courts for at least 10 years,
or
3. he/she is in the opinion of the President, a distinguished jurist.
Appointment of Judges:
Total HC: 25
First HC: Calcutta (1862)
Meghalaya, Manipur, Tripura HC in 2013 and AP in 2019.
Delhi only UT having separate HC.
Composition and Appointment of Judges:
1 CJ of HC and some other Judges
Number of Judges not fixed
Judges and CJ of HC are appointed by President.
CJ of HC is appointed by President by consultation with CJI
and Governor of State.
When appointment of Judges of HC - CJI, Governor, CJ of HC
are consulted by President.
Term of Office: 62 years
Subordinate Courts
1. Court of District Judge ( Civil Court: Land, Property,
Money Transactions)
a. Subordinate Judge Court
b. Munsif Court
c. Small Court
2. Court of Session Judge (Criminal Court: Murder, Loot,
Rapes, Dacoit, Theft)
a. Court of Judicial Magistrate of 1st class
b. Court of Judicial Magistrate of 2nd class
c. Court of Judicial Magistrate of 3rd class
3. Revenue Court ( Board of Revenue: Land revenue,
Agricultural Land Revenue, Property Tax)
a. Commissioner Court
b. Collector Court
c. Tehsildar Court
Judicial Activism
•Till 2011 eight attempts were made to pass the Bill, but
all met with failure.
•"India Against Corruption movement" led by Anna
Hazare put pressure on the United Progressive Alliance
(UPA) government at the Centre and resulted in the
passing of the Lokpal and Lokayuktas Bill, 2013, in
both the Houses of Parliament.
•It received assent from President on 1 January 2014
and came into force on 16 January 2014.
Structure of Lokpal