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COI UNIT 2

The document outlines the structure and functions of the Indian Parliament, including the roles of the Lok Sabha, Rajya Sabha, and the President. It details the legislative, executive, financial, and judicial powers of Parliament, as well as the processes for passing different types of bills. Additionally, it discusses the interdependence of the legislature, executive, and judiciary within India's parliamentary system.

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0% found this document useful (0 votes)
5 views131 pages

COI UNIT 2

The document outlines the structure and functions of the Indian Parliament, including the roles of the Lok Sabha, Rajya Sabha, and the President. It details the legislative, executive, financial, and judicial powers of Parliament, as well as the processes for passing different types of bills. Additionally, it discusses the interdependence of the legislature, executive, and judiciary within India's parliamentary system.

Uploaded by

Aman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Constitution of India,

Law & Engineering


Mr. DHARMENDRA KUMAR

ASSISTANT PROFESSOR

DEPARTMENT OF CSE
Unit-2

Powers of Indian Parliament Functions of Rajya


Sabha, Functions of Lok Sabha, Powers and Functions
of the President, Comparison of powers of Indian
President with the United States, Powers and Functions of
the Prime Minister, Judiciary – The Independence of the
Supreme Court, Appointment of Judges, Judicial Review,
Public Interest Litigation, Judicial Activism, LokPal, Lok
Ayukta, The Lokpal and Lok ayuktas Act 2013, State
Executives – Powers and Functions of the Governor,
Powers and Functions of the Chief Minister, Functions of
State Cabinet, Functions of State Legislature, Functions of
High Court and Subordinate Courts.
Introduction

The Legislature, the Executive and the Judiciary are the


three main organs of the government. These organs do
not work in isolation to each other but are interdependent
to ensure proper and systematic functioning of the
government.
India has adopted a Parliamentary form of government
from Britain. The Parliament or the legislature performs
the function of making laws. The executive, executes or
implements the laws enacted by the Parliament and the
judiciary interprets these laws.
Legislature

The legislature or the Parliament comprises of the Lok


Sabha, Rajya Sabha and President. As stated earlier, its
main function is to enact and formulate laws. It also
imposes taxes, authorizes borrowing, and prepares and
implements the budget, etc. The legislative powers have
been given to the parliament. But the judiciary and
executive aid the legislature in carrying out its functions.
The judiciary interprets the Constitution and makes sure
that the laws passed by the Parliament are constitutionally
valid. It engages in judicial review of the acts of the
Parliament and keeps a check on the Parliament’s power.
Executive

The executive, ie the Prime Minister and his


Council of Ministers have the power to make laws
through notices and ordinances to aid the
Legislature.
The Executive has wide-ranging powers to refuse
laws, command the military, make verdicts,
ordinances and declarations, etc. But the
executive is accountable to the legislature for its
actions.
Judiciary

The Constitution provides for the independence of the


judiciary, a strong feature of our democracy. The primary
role of the judiciary is the administration of justice. The
judiciary comprises the Supreme Court, the High Courts
and the district courts at the lower level. The judiciary is
independent on the executive as it is the president that
appoints the judges in the Supreme Court, and the Chief
justices of the high court which in turn appoint the judges
in the lower courts.
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.
Parliament

India has borrowed this nomenclature from


England and has adopted what is called as
‘Parliamentary system’.
The legislative powers of the federal
government lie within the parliament of India.
Thus, the laws that are framed by the
parliament of India are enforced throughout
the country.
India has a parliamentary system of
government. The Union Parliament is the
supreme legislative body in the country.
Parliament

• Supreme Legislative body of a country


• Bicameral
• 2 houses –Lokshaba and Rajya Shaba
• Sansad Bhavan
• 911 million Indians registerd to vote in 2019
general elections
Background
• Designed by Edwin Lutyens and Herbert
Baker.
• Opening ceremony was performed on 18
January 1927 by the Governor-General of
India, Lord Irwin.
• Construction Cost - Rs. 8.3 million
• 570 feet (170 meters) in diameter,Covers 6
acres
• Took 6 years in Construction
Composition
Lok Sabha
1. Directly elected by people through Universal Adult
Franchise.
2. India is divided into 543 constituencies. (530 States
and 13 UTs) [Max. 552]
3. Eligibility:
 Citizen of India
 Minimum 25 years of age
 Should not hold any office of profit
 Not be insolvent
 Should have his name in the electoral rolls in any part
of the country.
 Sound mind
 Should not be proclaimed criminal
Lok Sabha

Vacation of Seat of LS:


 Absence of 60 days from sitting of parliament
without the permission of House.
 Resignation to the Speaker.
 Tenure: 5 years when Lok Sabha is dissolved.
Rajya Sabha
1. Permanent House: Never dissolve
2. Council of State: Every state has fixed number of
seats in the Rajya Sabha on the basis of
Population.
3. Term of Member: 6 years, one-third of member
retire every two years.
4. Max. Membership: 250 members { 238 from
States/ UTs} and 12 nominated by President in the
field of arts, sports, music etc. [ present seat 245]
5. Eligibility: Same as Lok Sabha
Minimum age: 30 years
Special Powers of Rajya Sabha
 Under Article 249, It Can shift an item of the State List
to the Union or Concurrent List
 Under Article 312, It can create an All- India Public
Service
 Under the Article 354 or 356 or 360, It can extend the
duration of emergency proclaimed by the President of
India
 It can alone initiate a move for the removal of the Vice-
President of India
Difference Between LS and RS

Lok Sabha Rajya Sabha


1. Directly elected by People 1. Indirectly elected by People.
2. Not a permanent House 2. Permanent House
3. Tenure: 5 years 3. Tenure: 6 years
4. May be early or late 4. Not Dissolved
dissolved in case of 5. Min age: 30 Years
emergency 6. Can only give Suggestions
5. Min age : 25 years 7. Can create new “ All India
6. Money bill and Financial bill Services”
can only be introduced in LS.
Types of Majority in Parliament

A. Simple Majority: More than 50% of members


present and voting.
Quorum: Minimum members present to start proceedings.
{10% of Total Membership}
Bill: is a Draft of Legislative Proposal which when passed
by both Houses of Parliament and assented by the
President, becomes an Act of the Parliament.
 Any Ordinary Bill
 Money bill
 Financial Bill
 Confidence Motion/No Confidence Motion
 Election of Speaker
Types of Majority in Parliament

B. Absolute Majority: More than 50% of Total


Strength of Parliament.
 Stable Government.
C. Effective Majority: More than 50% of Effective
Strength. [ Effective Strength = Total Strength –
Vacations]
 Removal of Speaker/ Deputy Speaker
 Removal of Chairman/ Vice-Chairman of Rajya
Sabha
Types of Majority in Parliament
D. Special Majority:
(a) More than 2/3rd of members Present and
Voting.
 When RS creates new All India Services
 When RS legislate in matter of State List
(b) Special Majority + Absolute Majority:
 Approval of National Emergency
 Removal of Judges of SC/HC
 Resolution of State Legislative Assembly to
create or remove Legislative council
 Constitutional Amendment Bill which do not
affect the Federalism.
Types of Majority in Parliament

(c) Special Majority of 2/3rd members of Total


Strength of House:
 Impeachment of President under Article 61
(d) Special Majority with Ratification by the States:
It is 2/3rd of members present and voting in both
the Houses + Passed by Legislative Assembly of
more than half of the State by Simple Majority.
 Constitutional Amendment Bill which changes
the Federal Structure of the Nation. Eg. GST
Types of Bills in Parliament

A Bill is a draft of Legislative proposal which when


passed by both Houses of Parliament and
assented by the President became an Act of
Parliament.
Types of Bill:
 Ordinary bill
 Money Bill
 Financial Bill
 Constitutional Amendment Bill
Ordinary Bills
Any bill which is not a Money bill, Financial bill or
Constitutional Amendment bill is called an Ordinary Bill.
Procedure for passing Ordinary Bill:
 Can be introduced by any House.
 It is passed in one House by Simple Majority and then
sent to other House.
 After it is passed in both houses, it is sent to the
President.
President have three options:
 Give his assent to the Bill.
 Return the Bill for reconsideration with
recommendations
 Hold the bill for any amount of time.
Money Bills

Any Bill which contains one or more matters given


in Article 110 only is called a Money Bill.
Procedure for passing Money Bill:
 Can only be introduced in Lok Sabha with prior
recommendation of President.
 It is passed by Simple Majority in Lok Sabha
then sent to Rajya Sabha.
 RS can only give recommendations which LS
can accept or reject.
 RS can not hold the bill for more than 14 days
 The president then has to pass the Bill.
Financial Bill

Any bill which contains one or more matters given


in Article 110 and also some other non-monetary
matter is called a Financial Bill.
Procedure for passing Financial Bill:
 Can only be introduced in Lok Sabha with prior
recommendation of President.
 After that the whole process is same as
Ordinary Bill.
Constitutional Amendment Bills
Any bill which suggest any change to the Constitution of India is called
Constitutional Amendment Bill. It is mentioned in Article 368 that
Constitution can be amended.
Procedure for passing CA Bill:
There may be 2 cases:
A. If it does not affect the Federal Structure:
 Can be introduced in any House
 Passed in both the House by Special Majority
 Goes to the president who has to pass the Bill after 24th CA Act
1971.
B. If it does affect the Federal Structure:
 Can be introduced in any House
 Passed in both the House by Special Majority
 Then it has to ratified by more than half of state legislature by
simple majority.
 Goes to the president who has to pass the Bill after 24th CA Act
1971.
Bills which are introduced on prior
permission of President:

 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

The period during which the House meets to


conduct its business is called a Session.
The President summons each House at such
intervals that there should not be more than a 6
months gap between the two sessions.
There should be minimum of two sessions of
parliament in a year.
Sessions of Indian Parliament

According to “ Parliamentary Convention” there


are 3 types of Sessions conducted:
 Budget Session
 Monsoon Session
 Winter Session
Apart from these “ A Special Session” can be
conducted to transact any special business.
Sessions of Indian Parliament
Budget Session (First Session):
 Feb to May
 Longest Session
 Starts with address of the President
 Budget is presented and passed in this
session.
Monsoon Session: July to August
Winter Session:
 Mid Nov to Mid Dec
 Shortest Session
Functions of Parliament

The functions of parliament are divided based on


the powers it has. These are
• Legislative powers
• Executive powers
• Financial powers
• Amending powers
• Electoral powers
• Judicial powers
• Other powers
Legislative Powers
 The Parliament legislates on all matters mentioned in the Union List and the
Concurrent List.
In the case of the Concurrent List, where the state legislatures and the Parliament
have joint jurisdiction, the union law will prevail over the states.
 The Parliament can also pass laws on items in the State List under the
following circumstances:
o If Emergency is in operation, or any state is placed under President’s Rule
(Article 356), the Parliament can enact laws on items in the State List as
well.
o As per Article 249, the Parliament can make laws on items in the State
List if the Rajya Sabha passes a resolution by ⅔ majority of its members
present and voting, that it is necessary for the Parliament to make laws on
any item enumerated in the State List, in the national interest.

o According to Article 252, if the legislatures of two or more states pass a


resolution to the effect that it is desirable to have a parliamentary law on
any item listed in the State List, the Parliament can make laws for those
states.
Executive Functions

In the parliamentary form of government, the executive is responsible to


the legislature. Hence, the Parliament exercises control over the
executive by several measures.
By a vote of no-confidence, the Parliament can remove the Cabinet
(executive) out of power. It can reject a budget proposal or any other bill
brought by the Cabinet. A motion of no-confidence is passed to remove a
government from office.
Adjournment Motion: Allowed only in the Lok Sabha, the chief objective
of the adjournment motion is to draw the attention of the Parliament to
any recent issue of urgent public interest.
Censure Motion: A censure motion is moved by the opposition party
members in the House to strongly disapprove any policy of the
government. It can be moved only in the Lok Sabha. Immediately after a
censure motion is passed, the government has to seek the confidence of
the House.
Executive Functions

 Cut Motion: A cut motion is used to oppose any demand in the


financial bill brought by the government.
 Interpellation: The right of the members of the House to ask
questions on matters of public interest to the government.
 Question Hour: The first hour on every working day of the
House is reserved for asking Questions. Speaker can decide to
cancel it, if required.
 Zero Hour: The period which begin at 12’o clock after the
Question Hour and continues till Lunch Break. Member ask all
types of questions without any permission or prior notice.
Financial Functions

Parliament is the ultimate authority when it comes to


finances. The Executive cannot spend a single pie without
parliamentary approval.
 The Union Budget prepared by the Cabinet is submitted
for approval by the Parliament. All proposals to impose
taxes should also be approved by the Parliament.
 There are two standing committees (Public Accounts
Committee and Estimates Committee) of the Parliament
to keep a check on how the executive spends the money
granted to it by the legislature.
 Money Bills.
Amending Powers
The Parliament has the power to amend the Constitution of
India. Both Houses of the Parliament have equal powers as
far as amending the Constitution is concerned. Amendments
will have to be passed in both the Lok Sabha and the Rajya
Sabha for them to be effective.
Electoral Functions
The Parliament takes part in the election of the President
and the Vice President. The electoral college that elects the
President comprises of, among others, the elected members
of both Houses.
Judicial Power
In case of breach of privilege by members of the House, the
Parliament has punitive powers to punish them. A breach of
privilege is when there is an infringement of any of the
privileges enjoyed by the MPs.
A privilege motion is moved by a member when he feels that
a minister or any member has committed a breach of
privilege of the House or one or more of its members by
withholding facts of a case or by giving wrong or distorted
facts.

Other judicial functions of the Parliament include the power


to impeach the President, the Vice President, the judges of
the Supreme Court, High Courts, Auditor-General, etc.
Other powers/functions of the Parliament
 Issues of national and international importance are discussed
in the Parliament. The opposition plays an important role in this
regard and ensures that the country is aware of alternate
viewpoints.
 A Parliament is sometimes talked of as a ‘nation in miniature’.
 In a democracy, the Parliament plays the vital function of
deliberating matters of importance before laws or resolutions
are passed.
 The Parliament has the power to alter, decrease or increase
the boundaries of states/UTs.
 The Parliament also functions as an organ of information. The
ministers are bound to provide information in the Houses when
demanded by the members.
Powers and Functions of Lok Sabha
Legislative Powers:
An ordinary bill can become law only after it has been passed by
both the Houses of Parliament. It can be introduced either in the
Lok Sabha or the Rajya Sabha. When a bill is introduced and
passed by the Lok Sabha, it is sent to the Rajya Sabha. After it has
secured the approval of Rajya Sabha, it goes to the President for
his signature.
In case the Rajya Sabha rejects a bill passed by the Lok Sabha and
returns it with or without some amendments, the Lok Sabha
reconsiders the bill.
If the Lok Sabha re-passes it and the Rajya Sabha is still not
prepared to pass it, a deadlock occurs. If this deadlock remains
unresolved for six months, the President summons a joint sitting
of the two Houses. The decision of the joint sitting is accepted by
both the Houses.
Powers and Functions of Lok Sabha

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

 Presides the meeting and sessions of Lok Sabha


 Speaker and Deputy Speaker are elected among the
members of Lok Sabha
 Resigns by writing to the Deputy Speaker
 Do not vacate office on the dissolution of Lok Sabha
 Maintain decorum in the House and do the proceedings of
the House.
Special Powers:
 Presides the Joint Session of the Parliament
 Decides whether a bill is Money Bill.
 Right for “ Casting Vote” in case of equal number of votes
of any bill resolution.
 Appoints the Chairman of different Parliamentary
Committees.
Chairman of Rajya Sabha

 The Vice-President is the ex-officio


chairman of Rajya Sabha
 Presides over the Session and meetings of
Rajya Sabha
 In his absence, Deputy Chairman does his
work who is elected among the members of
Rajya Sabha.
THANK YOU
Union Executive

Introduction: (Article 52-78) (Part V of Indian


Constitution)
The Executive is the branch of Government accountable
for the implementation of Laws and Policies legislated by
the Legislature.
Union Executive consists of:
 President
 Vice President
 Prime Minister
 Council of Ministers
 Attorney General of India
Parliamentary Form of
Government
System of government in which there is a close
relationship between Executive and the
Legislature.
The Head of the State is usually different
person than the Head of the Government.
 A President is Head of the State.
The Function of the Head of the State is chiefly
Formal or Ceremonial.
 The Council of Ministers or the Cabinet
exercises the Real executive powers and
authority to run the government.
The President
 Article 52 says “ There shall be a President of India”.
 The President is the First Citizen of India.
 The President is the Supreme commander of Defense Forces.
Indian President is the head of the state. He is the first
citizen of India and is a symbol of unity and
integrity of the nation. He is a part of Union
Executive along with Vice-President, Prime
Minister, Council of Ministers and Attorney-General
of India.
Qualifications to become President of India

• 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

2. Legislative Assemblies of the states (Legislative Councils have no role)

3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

Who does not take part in the President’s elections?


The following group of people are not involved in electing the President of India:
1. Nominated Members of Lok Sabha (2) and Rajya Sabha (12)

2. Nominated Members of State Legislative Assemblies

3. Members of Legislative Councils (Both elected and nominated) in bicameral

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

• Article 61 deals with impeachment of


President.
• He can removed on only one ground of
violating the Constitution.
• A resolution can introduced in either House
of Parliament.
• At the time of introduction at least 25% of
the members of House must be supporting it.
• 14 days notice period is given to the
president.
Impeachment

 The resolution then has to be passed by 2/3rd of


total strength of that House.
 Then the resolution will move to the Second
House. (Investigating House)
 The other House then can constitute a committee
or the whole house can look into the allegation.
 The President has the right to defend himself.
 If the other House then passes a resolution by 2/3rd
majority of total strength of the house, the
president is impeached.
Impeachment
Can the President’s office be vacant?

Yes, his office can be vacant in the following ways:


 When President of India completes his term of five years in
the office
 If the President resigns by putting forward his resignation to
the Vice-President of India
 If Lok Sabha/Rajya Sabha initiates an impeachment charge
and they stand valid, he is removed
 If he dies in the office
 If Supreme Court declares his election invalid
What are the powers and functions of President of India?

Executive Powers of President


 For every executive action that the Indian government takes, is to be taken
in his name

 He appoints the attorney general of India and determines his remuneration

 He appoints the following people:


Prime Minister and other minister on the advice of PM.
The Chief Justice and Judges of SC and all HC.
Comptroller and Auditor General of India (CAG)
Chief Election Commissioner and other Election Commissioners
Chairman and members of the Union Public Service Commission
State Governors
 He seeks administrative information from Union government
Legislative Powers of President
 He summons or prorogues Parliament and dissolve the Lok Sabha
 He summons a joint sitting of Lok Sabha and Rajya Sabha in case of
deadlock
 He addresses the Indian Parliament at the commencement of the first
Session after every general election
 He appoints speaker, deputy speaker of Lok Sabha and chairman/deputy
chairman of Rajya Sabha when the seats fall vacant. He nominates 12
members of the Rajya Sabha
 He can nominate two members to the Lok Sabha from the Anglo-Indian
Community
 He consults Election Commission of India on questions of
disqualifications of MPs.
 He recommends/ permits the introduction of certain types of bills .
Financial Powers of President

 To introduce the money bill and Financial Bill his prior


recommendation is a must
 He causes Union Budget to be laid before the Parliament

 To make a demand for grants, his recommendation is a pre-


requisite
 Contingency Fund of India is under his control
 He constitutes the Finance Commission every five year
Judicial/Diplomatic Powers
Judicial Powers of President

 Appointment of Chief Justice and Supreme Court/High Court Judges


are on Him

 He takes advises from Supreme Court however, those advises are not
Binding on him
 He has pardoning power.

Diplomatic Powers of President

 International Treaties and agreements that are approved by the


Parliament are negotiated and concluded in his name

 He is the representative of India in international forums and affairs


Military/Emergency Powers
Military Powers of President

He is the commander of defense forces of India. He appoints:


 Chief of the Army
 Chief of the Navy, and
 Chief of the Air Force
Emergency Powers of President

He deals with three types of emergencies given in the Indian


Constitution:

 National Emergency (Article 352)


 President’s Rule (Article 356 & 365); and
 Financial Emergency (Article 360)
Vice- President

 Article 63 says that “ There shall be a Vice-President of


India.
 Holds the Second Highest Office in the Country.
 Is also the Ex-officio Chairman of Rajya Sabha
Qualification:
 Citizen of India
 35 years
 Qualified to become a member of Rajya Sabha
 Not hold any office of Profit
 Should not be a member of either Parliament or State
Legislature.
Election of VP:
Done by Electoral College consisting of:
 All members of LS & RS
Vice- President

Voting is done through Proportional Representation


through Single Transferable Vote.
Term of Office:
 5 Years
 Resign any time before his term by writing to the
President
 Can be elected for any number of turns.
THANK YOU
 Presidential and Parliamentary forms of Govt are
two different systems of Government, which are
available in all countries of the world. These two
systems are for good governance and these two
are efficient in their tasks. For example,
Presidential form of government is prevalent in
countries like USA, France, Argentina, etc. and
Parliamentary form of government is prevalent in
countries like India, UK, etc.
 In this PPT we will explain these two systems of
governance in brief

6
8
• 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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9
7
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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.
7
1
7
2
1. SIMILARITIES

The major similarity between a presidential democracy


and a parliamentary democracy is that both of these
types of governments are democracies.

Both of these forms of democracy allow people to vote


for their leaders. This makes them superior to other
forms of government that do not allow their people to
enjoy popular sovereignty.
 One of the main differences between the presidential
and parliamentary system is that in presidential system
the legislative and executive branches are separated from
each other. In the parliamentary system the executive
branch is led by the PM and his council of ministers. They
are all members of the legislative branch. In the
presidential system, there is no such thing as the PM.
The secretaries of the departments are answerable to
the president only.

8
 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.
9
 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.

 In the parliamentary system of government, the prime


minister is fully free to choose his ministers among the
members of the parliament. But in Presidential form of
government, the president enjoys much more freedom in
selecting his ministers. He selects them from much wider
field taking into account there experience and expertise.

76
 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.

 The biggest difference is in terms of the powers of the


president. In the parliamentary system , the president acts
as a ceremonial figure and the head of the state who
appoints the ministers and the PM, but has no powers in
terms of foreign or domestic policy as in UK. In the
presidential system as in USA, the president is the key
actor in foreign and domestic policy and also a
representative of constitutional authority.
77
IN SHORT TO EXPLAIN THE TOPIC

78
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.

79
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.

80
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).

81
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.
82
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.

83
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.

84
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.

85
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

Introduction: (Article 52-78) (Part V of Indian


Constitution)
The Executive is the branch of Government accountable
for the implementation of Laws and Policies legislated by
the Legislature.
Union Executive consists of:
 President
 Vice President
 Prime Minister
 Council of Ministers
 Attorney General of India
Prime Minister and Council of Ministers

The Prime Minister & the Council of Ministers


collectively is the Government.
 They are real Policy Makers.
They are collectively responsible towards the
Lok Sabha
As soon as they lose the confidence of the Lok
Sabha, the Government dissolves.
Is Prime Minister of India elected or appointed?

Article 75 says that President of India appoints a


person as the Prime Minister who is either the leader
of the party which holds a majority of seats in the Lok
Sabha or is a person who is able to win the confidence
of the Lok Sabha by gaining the support of other
political parties.
All other ministers are appointed by the President on
the advice of the Prime Minister.
Role of Indian 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.
Role of Indian Prime Minister

 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 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
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

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.

Article 75 mentions the following things:


 They are appointed by the President on the advice of Prime Minister
 They along with the Prime Minister of India form 15% of the total
strength of the lower house
i.e. Lok Sabha. (The number cannot exceed 15%)
 Parliament decides the salary and allowances of the council of ministers.

 There is a collective responsibility of COM to the Lok Sabha

 The PM decides the Portfolios of the Ministers, he can shuffle their


Portfolios
 When the PM resigns the whole government dissolves.
Types of Ministers

1. Cabinet Ministers—Top Tier Ministers holding important


individual Portfolio. He has a right to present and participate in
every meeting of the Cabinet.
2. Minister of State with independent charge—He is a Minister of

State who does not work under a Cabinet Minister. When any
matter concerning his Department is on the agenda of the Cabinet,
he is invited to attend the meeting.
3. Minister of State without individual charge--He is a Minister

who does not have independent charge of any Department and


works under a Cabinet Minister. The work to such Minister is
allotted by his Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet

Minister or a Minister of State with independent charge. His work


is allotted by the Minister under whom he is working.
THANK YOU
State Legislature
Chapter III of Part VI of the Constitution is concerned with the
State Legislature.
Articles 168 to 212 in Part VI of the Constitution deal with the
organization, composition, duration, officers, procedures,
privileges, powers and so on of the state legislature.
The Legislature of every State shall consist of the Governor and
the State Legislature, in some of the States, the Legislature shall
consist of two Houses, namely, the Legislative Assembly and
the Legislative Council, while in the rest, there shall be only one
House, namely the legislative assembly.
State Legislature - Legislative Assembly

The Legislative Assembly is the popularly elected


chamber and is the real Centre of power in a State.
The maximum strength of an assembly must not
exceed 500 or its minimum strength fall below 60.
State Legislature - Legislative Council

The Legislative Council of a State Comprises not more


than one-third of the total number of members in the
Legislative Assembly of the State and in no case less
than 40 members.
Duration of Legislative Assembly & Legislative Council

The duration of the Legislative Assembly is five years. The Governor


has the power to dissolve the Assembly even before the expiry of its
term. The period of five years, may, while a proclamation of emergency
is in operation, be extended by the Parliament by law for a period not
exceeding one year at a time and not extending in any case beyond a
period of six months after proclamation has ceased to operate.
The Legislative Council is not subject to dissolution. It is a permanent
body unless abolished by the Legislative Assembly and Parliament by
the due procedure. But no person can be a permanent member of the
Council as one-third of the members of the Council retire on the expiry
of every second year. It amounts to a term of six years for each member.
There is no bar on a member getting re-elected on the expiry of his term.
Powers & Functions of State Legislative Council

The functions of the States Legislative Council are only advisory in


nature.
All the LC can do is delay the passing of a money bill by 14 days, a
non-money bill by 3 months or a non-money bill that is sent back to
it with recommendations by 1 month.

There is no provision in the Constitution for a joint sitting of the State


Legislature.

The LC members do not participate in the election of the President of


the country.

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

from the Assembly and it is considered passed by the LC after a lapse of


fourteen days after reference made to it by the Sabha. It could reject or
pass the grants or reduce their amount indicating rejection or adoption
of the budget and hence, implying victory or defeat of the State
Government. Therefore, no tax can be levied or withdrawn without the
consent of the Vidhan Sabha.
Powers & Functions of Legislative Assembly

The Assembly has constituent powers. With reference to Article


368, certain Bills of Constitutional amendment after being
passed by the Parliament would be referred to the States for the
process of ratification.

It elects its Speaker as well as Deputy Speaker. It can also remove


them by a no-confidence vote.

It participates in the election of India's President.


THANK YOU
Chief Minister & Council of Ministers

As a real executive authority, the Chief Minister is


called the head of the government. He is assisted
by his council of ministers who are a part of state
executive along with Governor and Advocate-
General of State. Similar to Prime Minister who is
the head of the government at the centre, the
Chief Minister is the head of the government at
the state level.
Who is called a Chief Minister?

He is the head of the state government.


While the governor is the nominal
executive of the state government, the
person who becomes the chief minister is
the real executive of the government.
What is the main function of the Chief Minister?

In Relation to the Council of Ministers


The Chief Minister is the head of state Council of
Ministers.
He performs the following functions:
1. He recommends to the governor on who to appoint as
ministers
2. He designates or reshuffles the portfolios of the
ministers
3. He can ask a minister to resign
4. Meeting of the council of ministers is headed by him
5. All activities of the ministers are guided and controlled
by the Chief Minister
6. If he resigns, the entire council of ministers collapses.
What is the main function of the Chief Minister?
In Relation to the Governor
The Chief Minister performs the following functions:
1. All the activities, decisions that are taken up by the council of
ministers are communicated to the governor by the chief
minister
2. To report to the governor, information about the
administrative affairs if and when asked by the governor
3. If any minister has decided on any issue, the same has to be
reported to the Governor by the Chief Minister
4. He gives his advice to the governor for the appointment of
the following persons:
a. Advocate-General
b. Chairman of state public service commission
c. The state election commission, etc
What is the main function of the Chief
Minister?

In Relation to the State Legislature


He is the leader of the house and holding this position, he
performs the following functions:
1. Before a governor prorogues and summons the sessions
of the state legislature, Chief Minister’s advice is a must
2. Legislative Assembly can be dissolved at any time on his
recommendation to the governor
3. All government policies are announced by him on the floor
of the house.
Who are State Council of Ministers?
State Council of Ministers are similar to Central Council of
Ministers. The state council is headed by the Chief Minister. The
council comprises ministers appointed by the governor on the
recommendation of the CM.
Composition of Council of Ministers The size of the council is
not mentioned in the Indian Constitution. Chief Minister decides
the size and the rank of the ministers as per the requirement in
the State Legislature. There are three categories of Council of
Ministers:
1. Cabinet Ministers
2. Ministers of State
3. Deputy Ministers
Collective Responsibility The provision of collective
responsibility is dealt by the Article 164. The Article mentions that
the council of ministers are collectively responsible to the state
legislature.
THANK YOU
Indian Judiciary
Judiciary, legislature and executive are the three branches
of the State. In India, we have an independent judiciary.
The other organs of the government cannot interfere with
the functioning of the judiciary.
Judiciary
The judiciary is that branch of the government that
interprets law, settles disputes and administers justice to
all citizens. The judiciary is considered the watchdog of
democracy, and also the guardian of the Constitution. For
democracy to function effectively, it is imperative to have
an impartial and independent judiciary.
Independent Judiciary

What is the meaning of independent judiciary?


□It means that the other branches of the government,
namely, the executive and the legislature, does not
interfere with the judiciary’s functioning.
□The judiciary’s decision is respected and not interfered
with by the other organs.
□It also means that judges can perform their duties
without fear or favour.
Independence of the judiciary also does not mean that the
judiciary functions arbitrarily and without any
accountability. It is accountable to the Constitution of the
country.
Independence of Judiciary

The Constitution has many provisions to ensure the judiciary’s independence.


They are discussed below:

1. Security of tenure: The judges of the SC are given security of tenure.


Once appointed, they will retain their office until the age of 65 years. They
can be removed only by a presidential order on grounds of proven mis
behaviour and/or incapacity. This requires a Special Majority according to
Article 368.
2. Salaries and allowances: The judges of the SC enjoy good salaries and
allowances and these cannot be decreased except in the case of a financial
emergency.
3. Powers and Jurisdiction: The SC’s powers and jurisdiction can only be

added by the Parliament and not be curtailed.


4. The SC has the power to punish any person for its contempt, as per
Article 129.
Judiciary Structure

India has a single integrated judicial system. The


judiciary in India has a pyramidal structure with the
Supreme Court (SC) at the top. High Courts are
below the SC, and below them are the district and
subordinate courts. The lower courts function
under the direct superintendence of the higher
courts.
Supreme Court of India
The Supreme Court of India is the country’s highest judicial court. It is the
final court of appeal in the country.

Supreme Court of India Functions


 It takes up appeals against the verdicts of the High Courts, other courts
and tribunals.
 It settles disputes between various government authorities, between state

governments, and between the centre and any state government.


 It also hears matters which the President refers to it, in its advisory role.

 The law that SC declares is binding on all the courts in India and on the

Union as well as the state governments.

Supreme Court Composition


Including the Chief Justice of India, there are maximum 31 judges in the
Supreme Court.
Eligibility of SC Judges

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:

1. The judges of SC are appointed by President.


2. The CJI is appointed by President by consultation with other Judges of
SC.
3. When appointment of other judges of SC, CJI is consulted by President.
4. Collegium System:
 CJI and 4 senior most judges of SC
 It gives recommendation to President regarding appointment and
transfer of judges of SC and HC.
Jurisdiction of Supreme Court

Original Jurisdiction: All the matters or disputes concerned


with Indian Federalism is resolved by the SC of India.
Appellate Jurisdiction: is the Power by which if a person not
satisfied with the decision of a Lower Court, he may appeal in a
Higher Court.
Advisory Jurisdiction: President can seek advice from SC when
required.
Revisory Jurisdiction: It can review and change its own decision
as time and circumstances changes.
Court of Record: SC is the Court of Record.
It shall Powers to Punish for contempt of court.
Judicial Review

Judicial Review: Article 13: Any Law or Act which violates


Fundamental Rights shall be null and void.
 To guard the rights of public and implement the fundamental
rights are the main objects of Judicial Review.
 Judicial Review is the power of the Courts to determine the
constitutionality of Legislative act in a case instituted by
aggrieved person.
 It is the power of the Court to declare a legislative Act void on
the grounds of unconstitutionality.
 Judicial Review is the power and duty of the courts to disallow
all legislative or executive acts of either the central or the State
governments, which in the Court’s opinion transgresses the
Constitution.
High Courts

 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

The judiciary plays an important role in upholding and promoting the


rights of citizens in a country. The active role of the judiciary in
upholding the rights of citizens and preserving the constitutional and
legal system of the country is known as judicial activism.
Judicial Activism Methods
There are various methods of judicial activism which are followed in
India. They are:
1. Judicial review (power of the judiciary to interpret the constitution
and to declare any such law or order of the legislature and executive
void, if it finds them in conflict with the Constitution)
2. PIL (The person filing the petition must not have any personal
interest in the litigation, this petition is accepted by the court only if
there is an interest of large public involved; the aggrieved party does
not file the petition).
3. Supervisory power of the higher courts on the lower courts
Significance of Judicial Activism

• It is an effective tool for upholding citizens’ rights and


implementing constitutional principles when the executive and
legislature fails to do so.
• Citizens have the judiciary as the last hope for protecting their rights
when all other doors are closed. Indian judiciary has been considered
as the guardian and protector of the Indian Constitution.
• There are provisions in the constitution itself for the judiciary to
adopt a proactive role. Article 13 read with Articles 32 and 226 of
the Constitution provides the power of judicial review to the higher
judiciary to declare any executive, legislative or administrative action
void if it is in contravention with the Constitution.
• Public Interest Litigation made the judicial process more
participatory and democratic.
• Judicial activism counters the opinion that the judiciary is a mere
spectator.
Public Interest Litigation

What is Public interest litigation (PIL), in simple words, is


litigation for any public interest. Public interest litigation is a
litigation which can be filed in any court of law by any
public-spirited person for the protection of “public interest”.

PILs have achieved a place of great importance in our legal


system. In India, the first PIL was filed in the year 1976 –
Mumbai Kamgar Sabha v. M/s Abdulbhai Faizullabhai and
others [1976 (3) SCC 832]. The seed of the PIL was sown
by Justice Krishna Iyer through this landmark judgement.
Soon thereafter, with the efforts of Justice Bhagwati, the
concept of the PIL evolved and developed to a great extent
Lokpal and Lokayukta Act, 2013
What are Lokpal and Lokayukta?
•The Lokpal and Lokayukta Act, 2013 provided for the
establishment of Lokpal for the Union and Lokayukta for
States.
•These institutions are statutory bodies without any
constitutional status.
•They perform the function of an "ombudsman” and inquire
into allegations of corruption against certain public
functionaries and for related matters.
Why do we need such institutions?
Maladministration is like a termite which slowly erodes the
foundation of a nation and hinders administration from
completing its task. Corruption is the root cause of this
problem.
Background

•In 1809, the institution of ombudsman was inaugurated officially


in Sweden.
•New Zealand and Norway adopted this system in the year
1962 and it proved to be of great significance in spreading the
concept of the ombudsman.
•In India, the concept of constitutional ombudsman was first
proposed by the then law minister Ashok Kumar Sen in
parliament in the early 1960s.
•The term Lokpal and Lokayukta were coined by Dr. L. M.
Singhvi.
•In 1968, Lokpal bill was passed in Lok Sabha but lapsed with
the dissolution of Lok Sabha and since then it has lapsed in the
Lok Sabha many times.
Background

•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

•Lokpal is a multi-member body, that consists of one chairperson


and a maximum of 8 members.
•Chairperson of the Lokpal should be either the former Chief
Justice of India or the former Judge of Supreme Court or an
eminent person with impeccable integrity and outstanding ability,
having special knowledge and expertise of minimum 25 years in
the matters relating to anti-corruption policy, public
administration, vigilance, finance including insurance and
banking, law and management.
•Out of the maximum eight members, half will be judicial
members and minimum 50% of the Members will be from SC/
ST/ OBC/ Minorities and women.
Structure of Lokpal

•The judicial member of the Lokpal either a former Judge of the


Supreme Court or a former Chief Justice of a High Court.
•The non-judicial member should be an eminent person with
impeccable integrity and outstanding ability, having special knowledge
and expertise of minimum 25 years in the matters relating to anti-
corruption policy, public administration, vigilance, finance including
insurance and banking, law and management.
•The term of office for Lokpal Chairman and Members is 5 years
or till the age of 70 years.
•The members are appointed by the president on the
recommendation of a Selection Committee.
•The selection committee is composed of the Prime Minister, Speaker
of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of
India or a Judge nominated by him/her and One eminent jurist.
THANK YOU

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