Syllabus:= 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.
PRIME MINISTER
Powers and functions of Prime Minister of India
The Prime Minister of India is the head of the government and country. He is appointed by the President of India after the political party wins a general election and nominates a candidate for the post. The leader of that political party is hence appointed as the Prime Minister of India.
The Prime Minister of India serves the country by performing various functions. He performs his functions taking responsibilities that are listed as:-
- The leader of the Country: The Prime Minister of India is the Chief Head of the Government of India.
- Portfolio allocation: The Prime Minister has the authority to assign respective portfolios to the Ministers.
- Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and conducts the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference and conflict among the members.
- Official Representative of the country: The Prime minister represents the country for high-level international meetings and he is the ambassador of the country.
- The link between the President and the Cabinet: The Prime Minister acts as the link and bond between the President and cabinet. He communicates and transmits 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 many organization and programs like 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 also plays the role of chief advisor to the President
Governor
Power, Tenure, Qualifications, Appointment
The state executive is made up of the Governor, Chief Minister, Council of Ministers, and Advocate-General of State. Governor, as President, heads the state government. Article 153-167 in the Indian Constitution deal with the provisions related to the state governments of the country.
Executive Powers of the Governor
Every executive action that the state government takes, is to be taken in his name. How an order that has been taken up his name is to be authenticated, the rules for the same can be specified by the Governor.
He may/may not make rules to simplify the transaction of the business of the state government.
Chief Ministers and other ministers of the states are appointed by him.
It is his responsibility to appoint Tribal Welfare Minister in the states of:
Chattisgarh, Jharkhand, Madhya Pradesh & Odisha
He appoints the advocate general of states and determines their remuneration
He appoints the following people:
State Election Commissioner
Chairman and Members of the State Public Service Commission
Vice-Chancellors of the universities in the state
He seeks information from the state government
A constitutional emergency in the state is recommended to the President by him.
The governor enjoys extensive executive powers as an agent of the President during the President’s rule in the state.
Legislative Powers of the Governor
It’s in his power to prorogue the state legislature and dissolve the state legislative assemblies
He addresses the state legislature at the first session of every year
If any bill is pending in the state legislature, Governor may/may not send a bill to the state legislature concerning the same
If the speaker of the legislative assembly is absent and the same is Deputy Speaker, then Governor appoints a person to preside over the session
As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total members of the legislative council from the fields of: Literature, Science, Art, Cooperative Movement, Social Service etc.
As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in state legislative assembly from Anglo-Indian Community.
He can consult Election Commission for the disqualification of members
With respect to the bill introduced in the state legislature, he can:
Give his assent, Withhold his assent, Return the bill
Reserve the bill for the President’s consideration (In instances where the bill introduced in the state legislature endangers the position of state High Court.)
Note: Governor can reserve the bill for the President’s consideration in the following cases:
When provisions mentioned in the bill violates the constitution (Ultra-Vires)
When provisions mentioned in the bill oppose Directive Principles of State Policy
When provisions mentioned in the bill hinders the larger interests of the country
When provisions mentioned in the bill concern the national importance
When provisions mentioned in the bill mention the acquisition of property that is dealt with Article 31A in the constitution. (Read more about important articles in the Indian Constitution in the linked article.)
Also, An ordinance can be promulgated by him when either the Legislative Assembly or Council (Unicameral/Bicameral) are not in session.
The following reports are laid by him:
State Finance Commission
State Public Service Commission
Comptroller and Auditor General (Concerning the state finance)
Financial Powers of the Governor
He looks over the state budget being laid in the state legislature
His recommendation is a prerequisite for the introduction of a money bill in the state legislature
He recommends for the demand for grants which otherwise cannot be given
Contingency Fund of State is under him and he makes advances out that to meet unforeseen expenditure. (Download the notes on the types of funds in India from the linked article.)
State Finance Commission is constituted every five years by him. (Read about the Finance Commission of India in the linked article.)
Judicial Powers of the Governor
He has the following pardoning powers against punishment:
Pardon, Reprieve, Respite, Remit, Commute
President consults the Governor while appointing judges of High Court.
In consultation with the state High Court, Governor makes appointments, postings, and promotions of the district judges.
In consultation with the state high court and state public service commission, he also appoints persons to the judicial services.
PRACTICE QUESTIONS
Q. What are the veto powers of the Governor regarding a Money Bill?
After it is passed by the state legislature, every money bill is presented to the governor for his/her assent. The governor will have the following options.
- The assent is given to the bill, and it becomes an act
- The assent is not given, and the bill is withheld from becoming an act
- The bill may be reserved for the consideration of the President
Q. Who is qualified to become a Governor?
Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime Minister or President who have a set of qualifications to meet to hold the office; Governor has to meet only two qualifications:
1. He should be an Indian Citizen
2. He should be 35 years old or more
Note: There are two conventions that the government follows before nominating a person as a Governor:
1. That person is not appointed as the governor who belongs to the state. He shall be an outsider having no relation with the state he is being appointed to.
2. Consultation of the Chief Minister is taken by the President before appointing a governor
It should also be noted that both the above conventions are not absolute and have been ignored by the union government in many instances.
Q. What is the term of the Governor’s office?
Since the Governor holds the office under the pleasure of the President, his office has no fixed term. President can remove the Governor and the grounds upon which he may be removed are not laid down in the constitution.
Governor may also get transferred from one state to another by the President. He also can be reappointed.
Q. How is a Governor Appointed?
The Indian President appoints Governor for each state by warrant under his hand and seal. Central Government is responsible to nominate the governor for each state.
Note: Unlike elections of the President, there is no direct or indirect election for the post of Governor.
The office of a governor is not a part of the union executive and is an independent constitutional office. The governor doesn’t serve the union government and neither is subordinate to it.
The nomination of a governor by the Union and his appointment by the President in India is based on the Canadian model of government.
Q. Who inquires into all the doubts and disputes in connection with election of the President?
[A] The Prime Minister
[B] The Attorney General
[C] The Supreme Court
[D] The High Court
ANS. C
Q. Which of the following does not come under the power of the President to pardon?
1. Pardon
2. Commutation
3. Remission
4. Continuation
Select the correct option from the codes given below:
[B] Only 3
[C] Only 4
[D] Only 2
ANS. C
Q. Who can pass a resolution for the removal of Vice President of India?
[A] Council of States[B] Lok Sabha
[C] Cabinet
[D] Council of Ministers
ANS.A
Q. Who can file nomination papers for election to Lok Sabha?
[A] any citizen of India[B] anyone residing in India
[C] a resident of a constituency from where the election is to be contested
[D] any citizen of India whose name appears in the electoral roll of a constituency
Q. Who is authorized to prorogue the session of Lok Sabha?
[A] President[B] Speaker
[C] Vice President
[D] Minister of Parliamentary Affairs
Which of the following is called as the leader of Lok Sabha?
[A] Speaker[B] President
[C] Prime Minister
[D] Deputy Speaker
Who all are the part of the state executive?
[A] Governor[B] Chief Minister
[C] Advocate General
[D] All of the above
Which of the following bills the Governor cannot return back for the reconsideration of the state legislature?
[A] Constitutional Amendment Bill[B] Money Bill
[C] Ordinary Bill
[D] Finance Bill
Who determines the size of the state council of ministers or the ranking of ministers?
[A] Parliament[B] President
[C] Governor
[D] Chief Minister
Who issues a notification for prorogation of the session in the state legislative assembly?
[A] Chief Minister[B] Governor
[C] Speaker
[D] Chairman
Which of the following ends the very life of the existing House?
[A] Summoning[B] Adjournment sine die
[C] Prorogation
[D] Dissolution
From where are the deputy election commissioners drawn?
[A] They are nominated by the President[B] They drawn from the civil service
[C] They elected by a committee formed for same purpose
[D] None of the above
Who appoints the state election commissioner?
[A] President[B] Parliament
[C] Governor
[D] State Legislature
Correct Answer: A
Which of the following is correct regarding Union Public Service Commission?
1. It is the ‘watch-dog of merit system’ in India.
2. Conducts recruitment to the all-India services and Central services–group A and group B.
3. Involved in classification of services, pay and service conditions, cadre management & training.
Select the correct option from the codes given below:
[B] Only 1 & 2
[C] Only 3
[D] 1, 2 & 3
Correct Answer: D
Who is authorized to suspended or remove chairman and members of a Joint State Public Service Commission (JSPSC)?
[A] High Court[B] Concerned State Legislatures
[C] President
[D] Governor
Correct Answer: C
In which year the Indian Forest Service was established as the third all-India service?
[A] 1966[B] 1968
[C] 1970
[D] 1972
Correct Answer: A
Who appoints the Central Vigilance Commissioner?
[A] President[B] Parliament
[C] Supreme court
[D] Speaker
Correct Answer: A
Which of the following statements regarding Lokayukta are correct?
[A] Lokayukta has no accountability to the governor[B] He cannot ask for relevant files and documents from the state government departments
[C] Recommendations made by the lokayukta are mandatory
[D] None of the above
Correct Answer: D [None of the above]
Notes: Lokayukta is supposed to present an annual consolidated report of his performance to the governor of the state. He is also empowered to ask for relevant files and documents from the state government departments. Finally, the recommendations made by him are only advisory.
Which of the following does not qualify as consent in a criminal law?
[A] Consent given by a person under fear of injury[B] Consent given by a person by misconception of fact
[C] Consent given by a person under 12 years of age
[D] All of the abov
Correct Answer: D [All of the above]
Notes: Following are not counted as consent under the
criminal law-
1. Consent given under fear of injury or misconception of fact.
2. Consent given by a person who from the unsoundness of mind or intoxication
is unable to understand the nature and consequence of the action for which
consent is given.
3. Consent given by a person under 12 years of age.
What was the Constitutional status of India when the Constitution of India came into force on 26th January, 1950?
[A] A Secular Republic[B] A Socialist Secular Democratic Republic
[C] A Sovereign Democratic Republic
[D] A Sovereign Socialist Secular Democratic Republic
Correct Answer: C [A Sovereign Democratic Republic]
Notes: The Constitution of India came into force on 26th January 1950 and the exact constitutional status of India on 26th January 1950 was ‘A Sovereign Democratic Republic’.
Whose prior permission is needed to introduce a bill in the Parliament for the reorganization of States?
[A] Chief Minister of the concerned State[B] Governor of the concerned State
[C] President of India
[D] Rajya Sabha
Correct Answer: C [ President of India ]
Notes: Article 3 states that a bill for reorganization of states can be introduced in the Parliament only with the prior permission of the President and the President has to refer the bill to the State legislature concerned for expressing its views within a specified time.
Via which of the following amendments, the term “Socialist” was inserted in Preamble of Indian constitution?
[A] 38th Amendment Act[B] 42nd Amendment Act
[C] 49th Amendment Act
[D] 52nd Amendment Act
Correct Answer: B [42nd Amendment Act]
Notes: By the 42nd Constitutional Amendment Act (1976), three new words were added to the preamble of the constitution- socialist, secular and integrity.
What is the minimum age prescribed by the Constitution of India for a candidate to be elected as Vice president of India?
[A] 18 years[B] 25 years
[C] 30 years
[D] 35 years
Correct Answer: D [35 years]
Notes:
Minimum age for a candidate to be elected as Vice President of India- 35 years
Minimum age for a candidate to be elected as MLA- 25 years
Minimum age for a candidate to be elected as member of Lok Sabha-25 years
Minimum age for a candidate to be elected as member of Rajya Sabha-30 years
Minimum age for a candidate to be elected as MLC- 30 years
“Right to vote” can be placed in which among the following categories?
[A] Fundamental Right
[B] Constitutional Obligation
[C] Fundamental Duty
[D] Legal Right
Correct Answer: D [Legal Right]
Notes: Right to Vote in India is a legal right given to the people by Representation of the people Act, 1950, section 62(1). This act can take away this right due to non-residence, unsoundness of mind and criminal conviction. Thus, its a legal right. Further, Article 326 of the constitution mentions that the election to Lok Sabha and State Assemblies will be based on adult suffrage. This implies that all above 18 years age are to be enrolled as voters. This makes the right to vote as a Constitutional Right also. However, it is a general provision to include a class (age 18 and above) and this provision itself does not provide or take away right to vote. Thus, Right to Vote should be considered to be a Legal right.