Friday, September 4, 2009

Council of Ministers, Attorney General, Union Legislature, Rajya Sabha and Lok Sabha

The Council of Ministers

  • Article 74 of the constitution says that there shall be a council of ministers, with the PM at the head, to aid and advise the president, who shall, in the exercise of his functions, act in according with such advice.
  • The Word 'cabinet' was not used in the constitution till the 44th Amendment. Found a place in Article 352.
  • Collective responsibility: It says that council of ministers is collectively responsible to the house of the people.
  • Individual responsibility: Thus ministers are individually responsible to the executive and may be dismissed even if they enjoy the confidence of the legislature.
  • Article 78 clearly stipulates that it is the duty of the PM to communicate to the president all decisions of Council of Ministers.

The Attorney General

- First law officer of the Govt. of India

- Qualifications: Same as the Judge of a SC

- Right to audience in all courts.

- Gives advice on legal matters to president

- Not a member of the cabinet

- Has a right to speak in the parliament

- No right to vote in it.

Union Legislature ( Part-V)

 According to article 79, the parliament of India consists of the president and the two houses.

Rajya Sabha

- Council of State

- Consists of not more than 250 members     

- 12 members are nominated by president

- At Present 245 members

- Only two UT Delhi and Pondicherry is given representation

- Not subject to dissolution

- Terms of individual members is 6 years

- 1/3 of its members retire at expiration of every 2nd year.

- Enjoys equal status with LS except during some special case.

The Lok Sabha

- Max Strength 552

- 530 members chosen by direct elections from state

- 20 members from UT

Two members of Anglo-Indian Community - Nominated by the president

- At present there are 545 members

- Fixed term of five years

- When proclamation of emergency is in force, the term of LS can be extended for a period not exceeding one year at a time and in any case a period of six months after the proclamation has ceased to operate.

- Speaker - Chief officer of Lok Sabha

- President can prorogue the two houses

- The quorum constitute a sitting is one-tenth of the total membership.   

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