Thursday, July 17, 2014

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

Written By Admin on July 17, 2014 | Thursday, July 17, 2014

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

No comments: