The President of India Theses

CHAPTER - 1
1
INTRODUCTION
The President of India or Rashtrapati is the head of state and first citizen of India, as
well as the Supreme Commander of the Indian Armed Forces. Despite Article 53 of the
Constitution stating the President can exercise their powers directly, with few exceptions,
all of the authority vested in the President is in practice exercised by the Council of
Ministers, headed by the Prime Minister.
The President is elected by the elected members of the Parliament of India (Lok Sabha
and Rajya Sabha) as well as of the state legislatures (Vidhan Sabha’s), and serves for a
term of five years. Incumbents are permitted to stand for re-election. A formula is used to
allocate votes so there is a balance between the population of each state and the
number of votes assembly members from a state can cast, and to give an equal balance
between State Assembly members and National Parliament members. If no candidate
receives a majority of votes there is a system by which losing candidates are eliminated
from the contest and votes for them transferred to other candidates, until one gains a
majority. The Vice-President is elected by a direct vote of all members (elected and
nominated) of the Lok Sabha and Rajya Sabha.
The president of India resides in an estate in New Delhi known as the Rashtrapati
Bhavan (which roughly translates as President's Abode). The presidential retreat is The
Retreat in Chharabra, Shimla and Rashtrapati Nilayam (President's Place) in
Hyderabad.
The 12th President of India is Her Excellency Pratibha Devisingh Patil, the first woman [2]
to serve in the office, who was sworn in on 25 July 2007.
History
India became formally independent from the United Kingdom on 15 August 1947 and the
country became a Commonwealth dominion.
This was a temporary measure, however, as the continued existence of a shared

monarch in the Indian political system was not considered by some appropriate for a
truly sovereign nation. The first Governor General of India, Lord Mountbatten, was also
the last British Viceroy of India before independence. He soon handed power over to C.
Rajagopalachari, who became the only ethnically Indian governor general. In the
meantime, the Constituent Assembly led by Dr. Rajendra Prasad . The drafting was
finished on 26 November 1949, and the Constitution was formally adopted on 26
January 1950—a date of symbolic importance as it was on 26 January 1930, that Indian
National Congress celebrated complete independence in the Lahore Session. When the
constitution took effect, the Governor General and King were replaced by an elected
president, with Rajendra Prasad serving as the first President of India.
2
The move ended India's status as a Commonwealth dominion, but the republic remained
in the Commonwealth of Nations. Nehru argued that a nation should be allowed to stay
in the Commonwealth simply by observing the British monarch as "Head of the
Commonwealth" but not necessarily head of state. This was a ground-breaking decision
that would set a precedent in the second half of the twentieth century for many other
former British colonies to remain in the Commonwealth after becoming newly-
independent republics.
Constitutional role
Constitutional role of the Indian Constitution states "There shall be a President of India".
Article 53(1)vests in the President the executive powers of the Union which are
exercised either directly or through subordinate officers in accordance with the
Constitution. Although the Constitution explicitly says that the president is the executive
head of the state, real executive power is exercised by the Council of Ministers, headed
by the Prime Minister. This is inferred from Article 74 of the Indian Constitution, providing
for a "... council of ministers to aid and advise the President who shall, in exercise
of his functions, act in accordance with such advice".
However, the Article 74(2) bars all courts completely from assuming even an existence
of such an advice[7]. Therefore from the courts' point of view, the real executive power
lies with the President. As far as President's decision and action are concerned no one
can challenge such decision or action on the ground that it is not in accordance with the
advice tendered by the Ministers or that it is based on no advice[8].
The president of India shall, before entering upon his office, make and subscribe in the
presence of the Chief Justice of India or, in his absence, the senior-most Judge of the
Supreme Court available, an oath or affirmation that he/she shall protect, preserve and
defend the Constitution (Article 60).
Salary & Amenities
The Rashtrapati Bhavan is the officia residence of the President of India.
Air India One also known as "Rajdoot", is the official aircraft of the President of India. The
President of India used to receive Rs 10,000 (US$ 200) per month as per the Constitution. This
amount was increased to Rs 50,000 (US$ 1,100) in 1998. On September 11, 2008 the
Government of India increased the salary of the President to Rs. 1.5 lakh (US$ 3,300).
However, almost everything that the President does or wants to do is taken care of by the annual
Rs 225 million (US$ 4.9 million) budget that the Government allots for his or her upkeep
3
The Presidential House, or Rashtrapati Bhavan, is located in Prakash Vir Shastri
Avenue, where its main entrance, Gate 35, is located. The home is in the urban district
of New Delhi and was recently renamed from North Avenue in honour of the Member of
Parliament who was killed during his tenure here as a representative of the state of Uttar
Pradesh.
Executive powers
The Constitution vests in the President of India all the executive powers of the Central
Government. The President appoints the Prime Minister the person most likely to
command the support of the majority in the Lok Sabha (usually the leader of the majority
party or coalition). The President then appoints the other members of the Council of
Ministers, distributing portfolios to them on the advice of the Prime Minister.
The Council of Ministers remains in power during the 'pleasure' of the President. In
practice, however, the Council of Ministers must retain the support of the Lok Sabha. If a
President were to dismiss the Council of Ministers on his or her own initiative, it might
trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be
dismissed as long as it commands the support of a majority in the Lok Sabha.
The President is responsible for making a wide variety of appointments. These include:
• Governors of States
• The Chief Justice, other judges of the Supreme Court and High Courts of India.
• The Attorney General
• The Controller and Auditor General
• The Chief Election Commissioner and other Election Commissioners
• The Chairman and other Members of the Union Public Service Commission
• Ambassadors and High Commissioners to other countries.
The President also receives the credentials of Ambassadors and High Commissioners
from other countries.
The President is the de jure Commander in Chief of the Indian Armed Forces.
The President of India can grant a pardon to or reduce the sentence of a convicted
person for one time, particularly in cases involving punishment of death.
The decisions involving pardoning and other rights by the president are independent of
the opinion of the Prime Minister or the Lok Sabha majority. In most other cases,
however, the President exercises his or her executive powers on the advice of the Prime
Minister.
Financial powers
Money bills can be introduced in the Parliament only on the prior recommendation of the
President. He/she also causes to be laid before the Parliament the annual financial
statement which is the Union Budget. Further no demand for grant shall be made except
on his recommendation.He/She can also make advances out of the Contingency Fund of
4
India to meet any unforeseen expenditure.Moreover, he\she constitutes the Finance
Commission every 5 years to recommend the distribution of taxes between the States
and the Centre.
Judicial powers
The president appoints the Chief Justice of the Union Judiciary and other judges on the
advice of the Chief Justice. In practice, these judges are actually selected by the Union
cabinet. The President dismisses the judges if and only if the two Houses of the
Parliament pass resolutions to that effect by two-thirds majority of the members present.
If they consider a question of law or a matter of public importance has arisen they can
ask for the advisory opinion of the Supreme Court. They may or may not accept that
opinion.
He/She has the right to grant pardon. He/She can suspend, remit or commute the death
sentence of any person..
He/She enjoys the judicial immunity:
• No criminal proceedings can be initiated against him/her during his term in office.
• He/She is not answerable for the exercise of his duties.
Legislative powers
The President summons both houses of the Parliament and prorogues them. He or she
can even dissolve the Lok Sabha. These powers are formal, and by convention, the
President uses these powers according to the advice of the Council of Ministers headed
by the Prime Minister.
They inaugurate the Parliament by addressing it after the general elections and also at
the beginning of the first session each year. Their address on these occasions is
generally meant to outline the new policies of the government.
A bill that the Parliament has passed, can become a law only after the President gives
his/her assent to it. The President can return a bill to the Parliament, if it is not a money
bill, for reconsideration. However, if the Parliament sends it back to them for the second
time, the President is obliged to assent to it.
When the Parliament is not in session and the government considers it necessary to
have a law, then the President can promulgate ordinances. These ordinances are
submitted to the Parliament at its next session. They remain valid for no more than six
weeks from the date the Parliament is convened unless approved by it earlier.
Diplomatic powers
All international treaties and agreements are negotiated and concluded on behalf of the
President. However, in practice, such negotiations are usually carried out by the Prime
Minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are
5
subject to the approval of the Parliament. The President represents India in international
forums and affairs where such a function is chiefly ceremonial. The President may also
send and receive diplomats like Ambassadors and High Commissioners.
Military powers
The President is the supreme commander of the defence forces of India, in this capacity
the president can appoint Army, Navy & Air Chiefs. The President can declare war or
conclude peace, subject to the approval of parliament only under the decision of the
Council of Ministers
Emergency powers
The President can declare three types of emergencies: national, state and financial.
National emergency
National emergency is caused by war, external aggression or armed rebellion in the

whole of India or a part of its territory. Such an emergency was declared in India in 1962
(Indo-China war), 1971 (Indo-Pakistan war), 1975 to 1977 (declared by Indira Gandhi on
account of "internal disturbance").
Under Article 352 of the India Constitution the President can declare such an emergency
only on the basis of a written request by the Council of Ministers headed by the Prime
Minister. Such a proclamation must be approved by the Parliament within one month.
Such an emergency can be imposed for six months. It can be extended by six months by
repeated parliamentary approval, up to a maximum of 3 Years.
In such an emergency, Fundamental Rights of Indian citizens can be suspended. The

six freedoms under Right to Freedom are automatically suspended. However, the Right
to Life and Personal Liberty cannot be suspended.
The Parliament can make laws on the 66 subjects of the State List (which contains
subjects on which the state governments can make laws). Also, all money bills are
referred to the Parliament for its approval. The term of the Lok Sabha can be extended
by a period of up to one year, but not so as to extend the term of Parliament beyond six
months after the end of the declared emergency.
State emergency
State emergency, also known as President's rule, is declared due to breakdown of

constitutional machinery in a state.
If the President is satisfied, on the basis of the report of the Governor of the concerned
state or from other sources that the governance in a state cannot be carried out
according to the provisions in the Constitution, he/she can declare a state of emergency
in the state. Such an emergency must be approved by the Parliament within a period of
six months.
6
Under Article 356 of the Indian Constitution, it can be imposed from six months to a
maximum period of three years with repeated parliamentary approval every six months.
If the emergency needs to be extended for more than three years, this can be achieved
by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.
During such an emergency, the President can take over the entire work of the executive,
and the Governor administers the state in the name of the President. The Legislative
Assembly can be dissolved or may remain in suspended animation. The Parliament
makes laws on the 66 subjects of the state list (see National emergency for explanation).
All money bills have to be referred to the Parliament for approval.
On 19 January 2009, President's rule was imposed on the Indian State of Jharkhand
making it the latest state where this kind of emergency has been imposed.
A State Emergency can be imposed via the following:
1. By Article 356:-If that state failed to run constitutionally i.e. constitutional

machinery has failed
2. By Article 365:-If that state is not working according to the given direction of the
Union Government.
This type of emergency needs the approval of the parliament within 2 months. This type
of emergency can last up to a maximum of 3 years via extensions after each 6 month
period. However, after one year it can be extended only if
1. A state of National Emergency has been declared in the country or in the

particular state.
2. The Election Commission finds it difficult to organize an election in that state.
Financial emergency
If the President is satisfied that there is an economic situation in which the financial
stability or credit of India is threatened, he/she can proclaim financial emergency as per
the Constitutional Article 360. Such an emergency must be approved by the Parliament
within two months. It has never been declared. On a previous occasion, the financial
stability or credit of India has indeed been threatened, but a financial emergency was
avoided through the selling off of India's gold reserves.
A state of financial emergency remains in force indefinitely until revoked by the President
In case of a financial emergency, the President can reduce the salaries of all
government officials, including judges of the Supreme Court and High Courts. All money
bills are passed by the State legislatures are submitted to the President for his approval.
They can direct the state to observe certain principles (economy measures) relating to
financial matters.
7
Important presidential interventions
The President's role as defender of the Constitution, and their powers as Head of State,
especially in relation to those exercised by the Prime Minister as leader of the
government, have changed over time. In particular, Presidents have made a number of
interventions into government and lawmaking, which have established and challenged
some conventions concerning Presidential intervention. Some of the more noteworthy
are documented here.
In 1979, the then Prime Minister, Charan Singh, did not enjoy a Parliamentary majority.
He responded to this by simply not advising the President to summon Parliament. Since
then, Presidents have been more diligent in directing incoming Prime Ministers to
convene Parliament and prove their majority within reasonable deadlines (2–3 weeks).
In the interim period, the Prime Ministers are generally restrained from making policy
decisions.
The constitution gives the President the power to return a bill unsigned but it
circumscribes the power to send it back only once for reconsideration. If the Parliament
sends back the bill with or without changes, the President is duty bound to sign it. Since
the nineties, Parliamentary elections have generally not resulted in a single party or
group of parties having a distinct majority. In such cases, Presidents have used their
discretion and directed Prime Ministerial aspirants to establish their credentials before
being invited to form the government. Typically, the aspirants have been asked to
produce letters from various party leaders, with the signatures of all the MPs who are
pledging support to their candidature. This is in addition to the requirement that a Prime
Minister prove he has the support of the Lok Sabha (by a vote on the floor of the House)
within weeks of being sworn in to office.
In the late nineties, President Narayanan introduced the important practice of explaining
to the nation (by means of Rashtrapati Bhavan communiqués) the thinking that led to the
various decisions he took while exercising his discretionary powers; this has led to
openness and transparency in the functioning of the President.
In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding

enlarging the scope of the offices of profit, which disqualify a person from being a
member of parliament. The opposition combine, the NDA, hailed the move. The UPA
chose to send the bill back to the president without any changes, and after 30 days
Kalam gave the assent.
Removal of the President
The President may be removed before the expiry of his/her term through impeachment.
A President can be removed for violation of the Constitution.
The process may start in either of the two houses of the Parliament. The house initiates
the process by levelling the charges against the President. The charges are contained in
a notice which has to be signed by at least one quarter of the total members of that
8
house. The notice is sent up to the President and 14 days later, it is taken up for
consideration.
A resolution to impeach the President has to be passed by a two-third majority of the

total members of the originating house. It is then sent to the other house. The other
house investigates the charges that have been made. During this process, the President
has the right to defend himself/herself through an authorised counsel. If the second
house also approves the charges made by two-third majority again, the President stands
impeached and is deemed to have vacated his/her office from the date when such a
resolution stands passed. Other than impeachment, no other penalty can be given to the
President for the violation of the Constitution.
No President has faced impeachment proceedings. Hence, the above provisions have
never been tested.
Succession
In the event of a vacancy created for the President's post due to death, resignation,
removal, etc., Article 65 of the [Indian Constitution] says that the Vice President will have
to discharge his duties. The Vice President reverts to his office when a new President is
elected and enters upon his office. When the President is unable to act owing to his
absence, illness or any other cause, the Vice President discharges the President's
functions for a temporary period until the President resumes his duties.
When the Vice President acts as, or discharges the functions of the President, he has all
the powers and immunities of the President and is entitled to the same emoluments as
the President.
Parliament has by an enactment made provision for the discharge of the functions of the
President when vacancies occur in the offices of the President and of the Vice President
simultaneously, owing to removal, death, resignation of the incumbent or otherwise. In
such an eventuality, the Chief Justice, or in his absence, the senior most Judge of the
Supreme Court of India available discharges the functions of the President until a newly
elected President enters upon his office or a newly elected Vice President begins to act
as President under Article 65 of the Constitution, whichever is the earlier.
List of Presidents of India
Presidents
This list is numbered based on Presidents elected after winning an Indian Presidential
election. The terms of Varahagiri Venkata Giri, Muhammad Hidayatullah, and Basappa
Danappa Jatti, who have functioned as acting presidents are therefore not numbered.
9
The President of India does not represent any political party, and the Political party
column below indicates the party (if any) that the president was a member of before
being elected.
# Name Took office Left office Notes

1952 election page &
1957 election page
Prasad was the first
President of independent
India.[7][8] He was also an
1 Dr Rajendra Prasad 26 January 195013 May 1962 independence activist of
the Indian Independence
Movement.[9] Prasad was
the only president to
serve for two terms in
office.[4]
1962 election page
Radhakrishnan was a
prominent philosopher,
writer, a Knight of the
Realm and also held the
position of vice
2 Sarvepalli Radhakrishnan 13 May 1962 13 May 1967 chancellor of the Andhra
University and Banaras
Hindu University.[10] He
was also made a Knight
of the Golden Army of
Angels by Pope Paul VI.
[11]
1967 election page

Hussain was vice
chancellor of the Aligarh
Muslim University and a
3 Zakir Hussain 13 May 1967 3 May 1969 recipient of Padma
Vibhushan and Bharat
Ratna.[12] He died before
his term of office was
ended.
Giri was appointed as
acting president following
the death of Hussain.[13]
Varahagiri Venkata Giri * 3 May 1969 20 July 1969
He resigned in a few
months to take part in the
presidential elections.[5]
Muhammad Hidayatullah * 20 July 1969 24 August Hidayatullah served as
1969 the Chief Justice of India,
and was a recipient of
the Order of the British
Empire.[14] He served as
10
acting president until the
election of Giri as the
President of India.
1969 election page
Giri is the only person to
have served as both an
acting president and
president of India. He
24 August
4 Varahagiri Venkata Giri 24 August 1969 was a recipient of the
1974
Bharat Ratna, and has
functioned as Indian
Minister of Labour and
High Commissioner to
Ceylon (Sri Lanka).[15]
1974 election page
Fakhruddin Ali Ahmed
served as a Minister
before being elected as
11 February president. He died in
5 Fakhruddin Ali Ahmed 24 August 1974
1977 1977 before his term of
office ended, and was
the second Indian
president to have died
during a term of office.[16]
Jatti was the vice
president of India during
Ahmed's term of office,
and was sworn in as
11 February
Basappa Danappa Jatti * 25 July 1977 acting president upon
1977
Ahmed's death. He
earlier functioned as the
Chief Minister for the
State of Mysore.[16][17]
1977 election page
N.S.Reddy was the first
Chief Minister of Andhra
Pradesh State. Reddy
was the only Member of
Parliament from the
Janata Party to get
elected from Andhra
6 Neelam Sanjiva Reddy 25 July 1977 25 July 1982
Pradesh.[18] He was
unanimously elected
Speaker of the Lok
Sabha on 26 March 1977
and relinquished this
office on 13 July 1977 to
become the 6th President
of India.
11
1982 election page
In March 1972, Singh
assumed the position of
7 Giani Zail Singh 25 July 1982 25 July 1987
chief Minister of Punjab,
and in 1980, he became
Union Home Minister.[19]
1987 election page
In 1942, Venkataraman
was jailed by the British
for his involvement in the
India's independence
movement.[20] After his
release, he was elected
to independent India’s
Ramaswamy
8 25 July 1987 25 July 1992 Provisional Parliament as
Venkataraman
a member of the
Congress Party in 1950
and eventually joined the
central government,
where he first served as
Minister of Finance and
Industry and later as
Minister of Defence.[21]
1992 election page
Sharma was Chief
Minister of Madhya
Pradesh, and the Indian
Minister for
9 Shankar Dayal Sharma 25 July 1992 25 July 1997
Communications. He has
also served as the
governor of Andhra
Pradesh, Punjab and
Maharashtra.[22]
1997 election page
Narayanan served as
India's ambassador to
Thailand, Turkey, China
and United States of
America. He received
10 Kocheril Raman Narayanan 25 July 1997 25 July 2002 doctorates in Science
and Law and was also a
chancellor in several
universities.[23] He was
also the vice-chancellor
of Jawaharlal Nehru
University.[24]
11 A. P. J. Abdul Kalam 25 July 2002 25 July 2007 2002 election page
Kalam, was a scientist
who played a leading
12
role in the development
of India's ballistic missile
and nuclear weapons
programs.[25] Kalam also
received the Bharat
Ratna.
2007 election page
Patil is the first woman to
become the President of
12 Pratibha Patil 25 July 2007 Incumbent
India. She was also the
first female Governor of
Rajasthan.[26][27]
• The symbol (*) with a light brown background indicates an acting president.
13
CHAPTER - 2
Election of Indian President
14
Whenever the office becomes vacant, the new president is chosen by an electoral
college consisting of the elected members of both houses of the Parliament and the
elected members of the State Legislative Assemblies (Vidhan Sabha)
The election is held in accordance to the system of Proportional Representation by

means of Single Transferable Vote method. The Voting takes place by secret ballot
system. The manner of election of President is provided by Article 55. [1]
Each elector casts a different number of votes. The general principle is that the total
number of votes cast by Members of Parliament equals the total number of votes cast by
State Legislators. Also, legislators from larger states cast more votes than those from
smaller states. Finally, the number of legislators in a state matters. if a state has few
legislators, then each legislator has more votes. if a state has many legislators, then
each legislator has fewer votes.
The actual calculation for votes cast by a particular state is calculated by dividing the
state's population by 1000, which is divided again by the number of legislators from the
State voting in the Electoral College. This number is the number of votes per legislator in
a given state. For votes cast by those in Parliament, the total number of votes cast by all
state legislators is divided by the number of members of both Houses of Parliament. This
is the number of votes per member of either house of Parliament.
In 2007, the President of India was elected indirectly by the members of the Indian
Parliament and by the individual States' Legislative Assemblies. Although Indian
presidential elections involve actual voting by MPs and MLAs, they tend to vote for the
candidate supported by their respective parties.[3]
Hence the internal process for the election involved lobbying by parties for their
respective candidates. UPA, the ruling coalition and NDA, the major opposition coalition
hence hold the key to the nomination and support gathering. Another key player in the
final decision was the Left parties, which agreed to support the UPA candidate under
certain conditions for nomination [4]. Mayawati, the newly elected chief minister of Uttar
Pradesh, the most populous state of India, was also said to be a significant factor in the
final election.[5]
Electoral College
The value of votes cast by elected members of the state legislative assemblies and both
houses of parliament were decided as per the provisions of article 55(2) of the
Constitution of India. The details of number of voters and votes for this presidential
election are given below.[6]
• Presidential elections in India involve proportional representation from respective

states. The number of votes assigned to a particular voter from a state assembly
is decided as follows.
15
In other words, value of a MLA vote is no. of thousands of people represented by him.
Thus, indirectly entire population cast vote. As per this calculation following are the
number of votes for respective states.
(*) Constitution (Application to the Jammu & Kashmir) Order
• Total Members of Parliament- Lok Sabha (543) + Rajya Sabha (233) = 776
The value of a MP's vote is calculated by dividing the total value of all MLAs' votes by
the number of MPs.
Value of each vote = 549474/776 = 708

Total value of votes of Parliament = 549408
• Total number of electors = MLAs + MPs = 4896

• Total number of votes = 1098882
Constitutional role
Constitutional role of the Indian Constitution states "There shall be a President of India".
Article 53(1) vests in the President the executive powers of the Union which are
exercised either directly or through subordinate officers in accordance with the
Constitution. Although the Constitution explicitly says that the president is the executive
head of the state, real executive power is exercised by the Council of Ministers, headed
by the Prime Minister. This is inferred from Article 74 of the Indian Constitution, providing
for a "... council of ministers to aid and advise the President who shall, in exercise
of his functions, act in accordance with such advice".
However, the Article 74(2) bars all courts completely from assuming even an existence
of such an advice [7]. Therefore from the courts' point of view, the real executive power
lies with the President. As far as President's decision and action are concerned no one
can challenge such decision or action on the ground that it is not in accordance with the
advice tendered by the Ministers or that it is based on no advice [8].
The president of India shall, before entering upon his office, make and subscribe in the
presence of the Chief Justice of India or, in his absence, the senior-most Judge of the
Supreme Court available, an oath or affirmation that he/she shall protect, preserve and
defend the Constitution (Article 60).
Salary & Amenities
16
The Rashtrapati Bhavan is the official residence of the President of India.
Air India One also known as "Rajdoot” is the official aircraft of the President of India.
The President of India used to receive Rs 10,000 (US$ 200) per month as per the
Constitution. This amount was increased to Rs 50,000 (US$ 1,100) in 1998. On
September 11, 2008 the Government of India increased the salary of the President to
Rs. 1.5 lakh (US$ 3,300). However, almost everything that the President does or wants
to do is taken care of by the annual Rs 225 million (US$ 4.9 million) budget that the
Government allots for his or her upkeep.[9]
Main article. Rashtrapati Bhavan
The Presidential House, or Rashtrapati Bhavan, is located in Prakash Vir Shastri

Avenue, where its main entrance, Gate 35, is located. The home is in the urban district
of New Delhi and was recently renamed from North Avenue in honour of the Member of
Parliament who was killed during his tenure here as a representative of the state of Uttar
Pradesh.[10]
Executive powers
Government. The President appoints the Prime Minister the person most likely to
The President is responsible for making a wide variety of appointments. These include.
• The Chief Justice, other judges of the Supreme Court and High Courts of India.
• The Controller and Auditor General
The President is the de jute Commander in Chief of the Indian Armed Forces.
17
person for one time, particularly in cases involving punishment of death.
Minister.
Financial powers
Money bills can be introduced in the Parliament only on the prior recommendation of the
President. He/she also causes to be laid before the Parliament the annual financial
statement which is the Union Budget. Further no demand for grant shall be made except
on his recommendation. He/She can also make advances out of the Contingency Fund
of India to meet any unforeseen expenditure. Moreover, he\she constitutes the Finance
Commission every 5 years to recommend the distribution of taxes between the States
and the Centre.
Judicial powers
opinion.
He/She has the right to grant pardon. He/She can suspend, remit or commute the death
sentence of any person.
He/She enjoys the judicial immunity.
• No criminal proceedings can be initiated against him/her during his term in office.
• He/She is not answerable for the exercise of his duties.
Legislative powers
generally meant to outline the new policies of the government.
18
A bill that the Parliament has passed can become a law only after the President gives
his/her assent to it. The President can return a bill to the Parliament, if it is not a money
bill, for reconsideration. However, if the Parliament sends it back to them for the second
time, the President is obliged to assent to it.
Diplomatic powers
All international treaties and agreements are negotiated and concluded on behalf of the
President. However, in practice, such negotiations are usually carried out by the Prime
Minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are
subject to the approval of the Parliament. The President represents India in international
forums and affairs where such a function is chiefly ceremonial. The President may also
send and receive diplomats like Ambassadors and High Commissioners.
Military powers
The President is the supreme commander of the defense forces of India, in this capacity
the president can appoint Army, Navy & Air Chiefs. The President can declare war or
conclude peace, subject to the approval of parliament only under the decision of the
Council of Ministers
Emergency powers
The President can declare three types of emergencies. national, state and financial.
National emergency

(Indo-China war), 1971 (Indo-Pakistan war), 1975 to 1977 (declared by Indira Gandhi on
account of "internal disturbance").
repeated parliamentary approval, up to a maximum of 3 Years.

19
State emergency
State emergency, also known as President's rule, is declared due to breakdown of

six months.
On 19 January 2009, President's rule was imposed on the Indian State of Jharkhand
making it the latest state where this kind of emergency has been imposed.
A State Emergency can be imposed via the following.
1. By Article 356.-If that state failed to run constitutionally i.e. constitutional

machinery has failed
2. By Article 365.-If that state is not working according to the given direction of the
Union Government.
This type of emergency needs the approval of the parliament within 2 months. This type
of emergency can last up to a maximum of 3 years via extensions after each 6 month
period. However, after one year it can be extended only if
1. A state of National Emergency has been declared in the country or in the

particular state.
2. The Election Commission finds it difficult to organize an election in that state.
Financial emergency
20
A state of financial emergency remains in force indefinitely until revoked by the

President.
bills are passed by the State legislatures is submitted to the President for his approval.
financial matters.
Important presidential interventions
The President's role as defender of the Constitution, and their powers as Head of State,
especially in relation to those exercised by the Prime Minister as leader of the
government, have changed over time. In particular, Presidents have made a number of
interventions into government and lawmaking, which have established and challenged
some conventions concerning Presidential intervention. Some of the more noteworthy
are documented here.
In 1979, the then Prime Minister, Char an Singh, did not enjoy a Parliamentary majority.
He responded to this by simply not advising the President to summon Parliament. Since
then, Presidents have been more diligent in directing incoming Prime Ministers to
convene Parliament and prove their majority within reasonable deadlines (2–3 weeks).
In the interim period, the Prime Ministers are generally restrained from making policy
decisions.
The constitution gives the President the power to return a bill unsigned but it
circumscribes the power to send it back only once for reconsideration. If the Parliament
sends back the bill with or without changes, the President is duty bound to sign it. Since
the nineties, Parliamentary elections have generally not resulted in a single party or
group of parties having a distinct majority. In such cases, Presidents have used their
discretion and directed Prime Ministerial aspirants to establish their credentials before
being invited to form the government. Typically, the aspirants have been asked to
produce letters from various party leaders, with the signatures of all the MPs who are
pledging support to their candidature. This is in addition to the requirement that a Prime
Minister prove he has the support of the Lok Sabha (by a vote on the floor of the House)
within weeks of being sworn in to office.
In the late nineties, President Narayanan introduced the important practice of explaining
to the nation (by means of Rashtrapati Bhavan communiqués) the thinking that led to the
21
various decisions he took while exercising his discretionary powers. this has led to
openness and transparency in the functioning of the President.
In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding

enlarging the scope of the offices of profit, which disqualify a person from being a
member of parliament. The opposition combine, the NDA, hailed the move. The UPA
chose to send the bill back to the president without any changes, and after 30 days
Kalam gave the assent.
Removal of the President

The President may be removed before the expiry of his/her term through impeachment.
A President can be removed for violation of the Constitution.
The process may start in either of the two houses of the Parliament. The house initiates
the process by leveling the charges against the President. The charges are contained in
a notice which has to be signed by at least one quarter of the total members of that
house. The notice is sent up to the President and 14 days later, it is taken up for
consideration.
A resolution to impeach the President has to be passed by a two-third majority of the

total members of the originating house. It is then sent to the other house. The other
house investigates the charges that have been made. During this process, the President
has the right to defend himself/herself through an authorized counsel. If the second
house also approves the charges made by two-third majority again, the President stands
impeached and is deemed to have vacated his/her office from the date when such a
resolution stands passed. Other than impeachment, no other penalty can be given to the
President for the violation of the Constitution.
No President has faced impeachment proceedings. Hence, the above provisions have
never been tested.
Succession
In the event of a vacancy created for the President's post due to death, resignation,
removal, etc., Article 65 of the [Indian Constitution] says that the Vice President will have
to discharge his duties. The Vice President reverts to his office when a new President is
elected and enters upon his office. When the President is unable to act owing to his
absence, illness or any other cause, the Vice President discharges the President's
functions for a temporary period until the President resumes his duties.
When the Vice President acts as, or discharges the functions of the President, he has all
the powers and immunities of the President and is entitled to the same emoluments as
the President.
22
Parliament has by an enactment made provision for the discharge of the functions of the
President when vacancies occur in the offices of the President and of the Vice President
simultaneously, owing to removal, death, resignation of the incumbent or otherwise. In
such an eventuality, the Chief Justice, or in his absence, the senior most Judge of the
Supreme Court of India available discharges the functions of the President until a newly
elected President enters upon his office or a newly elected Vice President begins to act
as President under Article 65 of the Constitution, whichever is the earlier.
23
CHAPTER - 3
POWERS OF INDIAN PRESIDENT
Powers and functions
24
The President of India enjoys the following powers.
Executive powers
Government. The President appoints as Prime Minister the person most likely to
The President is responsible for making a wide variety of appointments. These include.
• The Chief Justice and other judges of the Supreme Court and High Courts
• The Comptroller and Auditor General
The President is the de jure Commander in Chief of the Indian Armed Forces.
person, particularly in cases involving punishment of death.
Minister.
Judicial powers
25
opinion.
Legislative powers
generally meant to outline the new policies of the government. This address is
essentially identical in nature to a Speech from the Throne.
A bill that the Parliament has passed, can become a law only after the President gives
their assent to it. They can return a bill to the Parliament, if it is not a money bill, for
reconsideration. However, if the Parliament sends it back to them for the second time,
they are obliged to assent to it.
Emergency Powers
The President can declare three types of emergencies. national, state and financial.
National emergency

(Indo-China war), 1965 (Indo-Pakistan war), 1975 and 1977 (declared by Indira Gandhi
on account of "internal disturbance").
26
repeated parliamentary approval.

State emergency
State emergency, also known as President's rule, is declared due to failure of

six months.
On October 9, 2007, the President's rule has been imposed on the south Indian State of
Karnataka making it the latest state where the emergency has been imposed.
Financial emergency
27
A state of financial emergency remains in force indefinitely until revoked by the
President.
bills passed by the State legislatures are submitted to the President for his approval.
financial matters.
The President of India appoints the leader of the party or alliance that enjoys majority
support in the Lok Sabha (Lower House of Indian Parliament) as Prime Minister. In case
no single party or alliance has a majority, the leader of the largest single party or alliance
is appointed Prime Minister, but he/she has to subsequently secure a vote of confidence
in the Lok Sabha. The Union Council of Ministers is appointed by the President on the
advice of the Prime Minister.
The Prime Minister can be a member of either the Rajya Sabha (Upper House of
Parliament) or the Lok Sabha. As Prime Minister, he is the Leader of the House to which
he belongs. The Prime Minister is also the Chairman of the Planning Commission of
India.
As head of the Council of Ministers, the Prime Minister oversees the work of all the
Ministries. He presides over Cabinet meetings, which are normally held in the Cabinet
Room of the Prime Minister's Office. The Union Cabinet functions on the principle of
"collective responsibility".
Constitutional framework and position of Prime Minister
The Constitution envisages a scheme of affairs in which the President of India is

technically the head of the executive in terms of Article 53 with office of the Prime
Minister as heading the Council of Ministers to assist and advise the President in the
discharge of the executive power. To quote, Article 53 and 74 provide as under.
The executive powers of the Union shall be vested in the President and shall be
exercised by him either directly or through officers subordinate to him in accordance with
the Constitution.
— Article 53(1), Constitution of India
There shall be a Council of Ministers with the Prime Minister at the head to aid and
advise the President who shall, in the exercise of his functions, act in accordance with
such advice.
— Article 74(1), Constitution of India
The phrase act in accordance with such advice was a subject of considerable litigation
and dispute in the initial days of the Indian executive but was settled by the Supreme
Court of India as referring to mean that the President was bound by the advice tendered
by the Prime Minister unless it was evident that the Prime Minister did not enjoy the
28
majority support of the Parliament. [1] Since then the role of the President has been
reduced to a nominal head as approving the decisions of the Prime Minister, except in
certain exceptional circumstances wherein the Constitution requires the President to
decide on the basis of his personal opinion, such as deciding whom to invite to form the
Government after the general elections.
Typically like most parliamentary democracies where the Head of State's duties are
largely ceremonial, the Prime Minister of India is the head of government and has
effective responsibility for executive power. With India following a parliamentary system
of government (known as the Westminster system after that of the United Kingdom), the
Prime Minister is generally the leader of a party (or coalition of parties) that has a
majority in the Lok Sabha, the lower house of the Parliament of India. The Prime Minister
either has to be a current member of one of the houses of Parliament, or be elected
within six months of being appointed.
Role of the Prime Minister
The Prime Minister leads the functioning and exercise of authority of the Government of
India. He is invited by the President as leader of the majority party in the Parliament of
India to form a government at the federal level (known as Central Government in India)
and exercise its powers. In practice the Prime Minister nominates the members of his
Council of Ministers [2] [3] [4] to the President. He also works upon to decide a core group
of Ministers (known as the Cabinet)[2] as in-charge of the important functions and
ministries of the Government of India.
As the head of the government, the Prime Minister is responsible for distribution of work
of the Government to various ministries and offices and in terms of the Government of
India (Allocation of Business) Rules, 1961 [5] whereunder the Prime Minister's Office [6]
allocates the work to be performed by various Ministries. The work is generally allocates
to the Cabinet Secretariat [7] which in turn acts as a nodal agency for the functioning of
the various Ministries. While generally the entire work of the Government in divided into
various Ministries, the Prime Minister may retain certain portfolios with himself.
The Prime Minister, in consultation with the Cabinet, schedules and attends the sessions
of the Houses of Parliament and is required to answer the question put to him by the
Members of Parliament [8] to him as the in-charge of the portfolios he holds or in his
capacity as the Prime Minister of India. [9] The Prime Minister is also the ex officio
Chairman of the Planning Commission of India. He also appoints the Deputy Chairman
of the Commission, who is responsible for the functioning of the Commission and reports
to the Prime Minister.
The Prime Minister represents the country in various delegations, high level meetings
and international organizations that require the attendance of the highest government
office [10] and also addresses to the nation on various issues of national or other
importance. [11] He also has to his exclusive jurisdiction the disposal of two national
29
funds, (i) the PM's National Relief Fund [12], and (ii) the PM's National Defence Fund [13],
which he uses in his discretion to the attainment of the objectives behind the
establishment of these funds.
Jurisdiction
The Supreme Court has original, appellate and advisory jurisdiction.
Original jurisdiction
It has exclusive original jurisdiction over any dispute between the Government of India
and one or more States or between the Government of India and any State or States on
one side and one or more States on the other or between two or more States, if and in
so far as the dispute involves any question (whether of law or of fact) on which the
existence or extent of a legal right depends. In addition, Article 32 of the Constitution
grants an extensive original jurisdiction to the Supreme Court in regard to enforcement
of Fundamental Rights. It is empowered to issue directions, orders or writs, including
writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari
to enforce them.
Appellate jurisdiction
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted
by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in
respect of any judgement, decree or final order of a High Court in both civil and criminal
cases, involving substantial questions of law as to the interpretation of the Constitution.
The Supreme Court can also grant special leave to appeal from a judgement or order of
any non-military Indian court. Parliament has the power to enlarge the appellate
jurisdiction of the Supreme Court and has exercised this power in case of criminal
appeals by enacting the Supreme Court (Enlargement of Criminal Appellate Jurisdiction)
Act, 1970.
Appeals also lie to the Supreme Court in civil matters if the High Court concerned
certifies . (a) that the case involves a substantial question of law of general importance,
and (b) that, in the opinion of the High Court, the said question needs to be decided by
the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High
Court (a) has on appeal reversed an order of acquittal of an accused person and
sentenced him to death or to imprisonment for life or for a period of not less than 10
years, or (b) has withdrawn for trial before itself any case from any Court subordinate to
its authority and has in such trial convicted the accused and sentenced him to death or
to imprisonment for life or for a period of not less than 10 years, or (c) certified that the
case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on
the Supreme Court any further powers to entertain and hear appeals from any
judgement, final order or sentence in a criminal proceeding of a High Court.
Advisory jurisdiction
30
The Supreme Court has special advisory jurisdiction in matters which may specifically be
referred to it by the President of India under Article 143 of the Constitution.
Judicial independence
The Constitution seeks to ensure the independence of Supreme Court Judges in various
ways. Judges are generally appointed on the basis of seniority and not on political
preference. A Judge of the Supreme Court cannot be removed from office except by an
order of the President passed after an address in each House of Parliament supported
by a majority of the total membership of that House and by a majority of not less than
two-thirds of members present and voting, and presented to the President in the same
Session for such removal on the ground of proved misbehaviour or incapacity. The
salary and allowances of a judge of the Supreme Court cannot be reduced after
appointment. A person who has been a Judge of the Supreme Court is debarred from
practising in any court of law or before any other authority in India.
Powers to punish contempt
Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with
power to punish anyone for contempt of any law court in India including itself. The
Supreme Court performed an unprecedented action when it directed a sitting Minister of
the state of Maharashtra, Swaroop Singh Naik,[1] to be jailed for 1 month on a charge of
contempt of court on May 12 2006. This was the first time that a serving Minister was
ever jailed.[citation needed]
Landmark Judgements. Judiciary-Executive Confrontations
Land reform (early confrontation)
After some of the courts overturned state laws redistributing land from zamindar
(landlord) estates on the grounds that the laws violated the zamindars' fundamental
rights, the Parliament of India passed the First Amendment to the Constitution in 1951
followed by the Fourth Amendment in 1955 to protect its authority to implement land
redistribution. The Supreme Court countered these amendments in 1967 when it ruled in
Golaknath v. State of Punjab that Parliament did not have the power to abrogate the
fundamental rights, including the provisions on private property.Free Supreme Court
Judgements
Other laws deemed unconstitutional by the Supreme Court
• On February 1, 1970, the Supreme Court invalidated the government-sponsored

Bank Nationalization Bill that had been passed by Parliament in August 1969.
• The Supreme Court also rejected as unconstitutional a presidential order of

September 7, 1970, that abolished the titles, privileges, and privy purses of the
former rulers of India's old princely states.
31
Response from the Parliament of India
• In reaction to the decisions of the Supreme Court, in 1971 the Parliament of India
passed an amendment empowering itself to amend any provision of the
constitution, including the fundamental rights.
• The Parliament of India passed the 25th amendment, making legislative

decisions concerning proper land compensation non-justiciable.
• The Parliament of India passed an amendment to the Constitution of India, which

added a constitutional article abolishing princely privileges and privy purses.
Counter-response from the Supreme Court
The Court ruled that the Basic Structure of the Constitution cannot be altered for
convenience.
On April 24, 1973, the Supreme Court responded to the parliamentary offensive by ruling
in the Kesavananda Bharati v. The State of Kerala case that although these
amendments were constitutional, the court still reserved for itself the discretion to reject
any constitutional amendments passed by Parliament by declaring that the amendments
cannot change the constitution's "basic structure", a decision piloted through by Chief
Justice Sikri.
Powers of the Lok Sabha
The special powers of the Lok Sabha is the reason why the Lok Sabha is de facto and
de jure more powerful than the Rajya Sabha.
1. A motion of no confidence against the government may be introduced and

passed only in the Lok Sabha. If passed by a majority vote, the Prime Minister
and his council of Ministers shall collectively resign. The Rajya Sabha has no
power over such a motion, and hence no real power over the executive.
However, the Prime Minister may threaten the dissolution of the Lok Sabha and
recommend this to the President, forcing another untimely general election. The
President normally accepts this recommendation unless he is otherwise
convinced that the Lok Sabha might recommend a new Prime Minister by a
majority vote. Thus, both the executive and the legislature in India have checks
and balances over each other.
2. A money bill can be introduced only in the Lok Sabha. After it is passed by the
Lok Sabha, it is sent to the Rajya Sabha, where it can be deliberated upon for a
maximum period of 14 days. If not rejected by the Rajya Sabha, or 14 days lapse
from the introduction of the bill in the Rajya Sabha without any action by the
House, or recommendations made by the Rajya Sabha are not accepted by the
Lok Sabha, the bill shall be considered passed. The budget is presented in the
Lok Sabha by the Finance Minister in the name of the President of India
32
3. In matters pertaining to non-financial (ordinary) bills, after the bill has been
passed by the House where it was originally tabled (Lok Sabha or Rajya Sabha),
it shall be sent to the other house, where it may be kept for a maximum period of
6 months. If the other House rejects the bill or a period of 6 months elapses
without any action by that House, or the recommendations made by the
members of the other house are not accepted by the House which originally
tabled the bill, it results in a deadlock. This is resolved by the President by calling
a joint session of both Houses which is presided over by the speaker of the Lok
Sabha and decided by a simple majority. The will of the Lok Sabha normally
prevails in these matters, as its strength is more than double that of the Rajya
Sabha
4. Equal Powers with the Rajya Sabha in initiating and passing any Bill for
Constitutional Amendment (by a majority of the total membership of the House
and at least two-thirds majority of the members present and voting)
5. Equal Powers with the Rajya Sabha in initiating and passing a motion for the
impeachment of the President (by two-thirds of the membership of the House)
6. Equal Powers with the Rajya Sabha in initiating and passing a motion for the
impeachment of the judges of the Supreme Court and the state High Courts (by a
majority of the membership of the House and at least two-thirds majority of the
members present and voting)
7. Equal Powers with the Rajya Sabha in initiating and passing a resolution
declaring war or national emergency (by two-thirds majority) or constitutional
emergency (by simple majority) in a state
8. If the Lok Sabha is dissolved before or after the declaration of a National
Emergency, the Rajya Sabha becomes the sole de facto and de jure Parliament.
It, of course, cannot be dissolved. This is a limitation on the Lok Sabha.
Powers of rajya sabha.
1. Along with Lok Sabha, the Rajya Sabha has the right to initiate, pass and
amend ordinary bills of law. If there is a conflict which cannot be resolved even
by the joint committee of the two Houses, it is solved in the joint session of the
Parliament, where the will of the Lok Sabha almost always prevails, since the Lok
Sabha is more than twice as large as the Rajya Sabha.
2. Consultative Power in money bills (taxation and spending), which can originate
only in the Lok Sabha, and the Rajya Sabha cannot delay it for more than
fourteen days, nor amend it against the will of the Lok Sabha, otherwise the bill
will be deemed to be passed by both the houses and sent to the President for
assent.
3. Equal Powers with the Lok Sabha in initiating and passing any Bill for
Constitutional Amendment (by a majority of the total membership of the House
and at least two-thirds majority of the members present and voting).
4. Equal Powers with the Lok Sabha in initiating and passing a motion for the
impeachment of the President (by two-thirds vote of the membership of the
House)
5. Equal Powers with the Lok Sabha in initiating and passing a motion for the
impeachment of the judges of the Supreme Court and the state High Courts (by a
majority of the membership of the House and two-thirds majority of the members
present and voting)
33
6. Equal Powers with the Lok Sabha in initiating and passing a resolution declaring
war or national emergency or constitutional emergency in a state.
7. If the Lok Sabha is dissolved before or after the declaration of a National
Emergency, the Rajya Sabha becomes the sole de facto and de jure Parliament.
It, of course, cannot be dissolved.
8. Sole power to declare by two-thirds majority if a subject in the jurisdiction of the
states has assumed national importance, thereby enabling the Union to legislate
on it.
9. No power to cause the dismissal or resignation of the Prime Minister or any
minister, this being the sole prerogative of the Lok Sabha (caused by its simple
majority). But power to ask questions from the ministers retained.
Membership
. Members of Rajya Sabha
Election
The members of the Rajya Sabha from each state are elected by the members of the
Legislature or the Legislative Assembly of that state by means of proportional
representation through the Single Transferable Vote System. The representatives of the
Union Territories are chosen in such manner as may be decided or prescribed by the
Parliament from time to time.
India
Though, just like American constitution, in Indian constitution also, there is express
mention that the executive power of the Union and of a State is vested by the
constitution in the President and the Governor, respectively, by articles 53(1) and 154(1),
but there is no corresponding provision vesting the legislative and judicial powers in any
particular organ. It has accordingly been held that there is no rigid separation of powers.
Although prima facie it appears that our constitution has based itself upon doctrine of
separation of powers. Judiciary is independent in its field and there can be no
interference with its judicial functions either by the executive or the legislature.
Constitution restricts the discussion of the conduct of any judge in the Parliament. The
High Courts and the Supreme Court has been given the power of judicial review and
they can declare any law passed by parliament as unconstitutional. The judges of the
S.C. are appointed by the President in consultation with the CJI and judges of the S.C.
The S.C. has power to make Rules for efficient conduction of business.
It is noteworthy that A. 50 of the constitution puts an obligation over state to take steps to
separate the judiciary from the executive. But, since it is a DPSP, therefore it’s
unenforceable.
In a similar fashion certain constitutional provisions also provide for Powers, Privileges
and Immunities to the MPs, Immunity from judicial scrutiny into the proceedings of the
house , etc. Such provisions are thereby making legislature independent, in a way. The
Constitution provides for conferment of executive power on the President. His powers
and functions are enumerated in the constitution itself.
34
The President and the Governor enjoy immunity from civil and criminal liabilities.
But, if studied carefully, it is clear that doctrine of separation of powers has not been
accepted in India in its strict sense. The executive is a part of the legislature. It is
responsible to the legislature for its actions and also it derives its authority from
legislature. India, since it is a parliamentary form of government, therefore it is based
upon intimate contact and close co-ordination among the legislative and executive
wings. However, the executive power vests in the President but, in reality he is only a
formal head and that, the Real head is the Prime minister along with his Council of
Ministers. The reading of Art. 74(1) makes it clear that the executive head has to act in
accordance with the aid and advice given by the cabinet.
Generally the legislature is the repository of the legislative power but, under some
specified circumstances President is also empowered to exercise legislative functions.
Like while issuing an ordinance, framing rules and regulations relating to Public service
matters , formulating law while proclamation of emergency is in force . These were some
instances of the executive head becoming the repository of legislative functioning.
President performs judicial functions also On the other side, in certain matters
Parliament exercises judicial functions too. It can decide the question of breach of its
privilege and in case of impeaching the President. both the houses take active
participation and decide the charges
Judiciary, in India, too can be seen exercising administrative functions when it

supervises all the subordinate courts below. It has legislative power also which is
reflected in formulation of rules regulating their own procedure for the conduct and
disposal of cases
So, it’s quite evident from the constitutional provisions themselves that India, being a
parliamentary democracy, does not follow an absolute separation and is, rather based
upon fusion of powers, where a close co-ordination amongst the principal organs is
unavoidable and the constitutional scheme itself mentions it. The doctrine has, thus, not
been awarded a Constitutional status. Thus, every organ of the government is required
to perform all the three types of functions. Also, each organ is, in some form or the other,
dependant on the other organ which checks and balances it. The reason for the
interdependence can be accorded to the parliamentary form of governance followed in
our country. But, this doesn’t mean that this doctrine is not followed in India at all.
Except where the constitution has vested power in a body, the principle that one organ
should not perform functions which essentially belong to others is followed. This
observation was made by the Supreme Court in the re Delhi Laws Act case, wherein, it
was held by a majority of 5.2, that, the theory of separation of powers is not part and
parcel of our Constitution. But, it was also held that except for exceptional circumstances
like in A. 123, A. 357, it is evident that constitution intends that the powers of legislation
shall be exercised exclusively by the Legislature. As Kania, C.J., observed-
Although in the constitution of India there is no express separation of powers, it is clear
that a legislature is created by the constitution and detailed provisions are made for
making that legislature pass laws. Does it not imply that unless it can be gathered from
other provisions of the constitution, other bodies-executive or judicial-are not intended to
discharge legislative functions?
35
In essence they imported the modern doctrine of separation of powers. While dealing
with the application of this doctrine, it is quintessential to mention the relevant cases
which clarify the situation further.
Separation of Powers and Judicial Pronouncements in India

In India, we follow a separation of functions and not of powers. And hence, we don’t
abide by the principle in its rigidity. An example of it can be seen in the exercise of
functions by the Cabinet ministers, who exercise both legislative and executive
functions. A. 74(1) wins them an upper hand over the executive by making their aid and
advice mandatory for the formal head. The executive, thus, is derived from the
legislature and is dependant on it, for its legitimacy. This was the observation made by
the Hon’ble S.C. in Ram Jawaya v. Punjab.
On the question that where the amending power of the Parliament does lies and whether
A. 368 confers an unlimited amending power on Parliament, the S.C. in Kesavananda
Bharati held that amending power was now subject to the basic features of the
constitution. And hence, any amendment tampering these essential features will be
struck down as unconstitutional. Beg, J. added that separation of powers is a part of the
basic structure of the constitution. None of the three separate organs of the republic can
take over the functions assigned to the other. This scheme cannot be changed even by
resorting to A. 368 of the constitution . There are attempts made to dilute the principle, to
the level of usurpation of judicial power by the legislature.
In a subsequent case law, S.C. had occasion to apply the Kesavananda ruling regarding
the non-amend ability of the basic features of the constitution and a strict adherence to
doctrine of separation of powers can be seen. In Indira Gandhi Nehru v. Raj Narain ,
where the dispute regarding P.M. election was pending before the Supreme Court, it
was held that adjudication of a specific dispute is a judicial function which parliament,
even under constitutional amending power, cannot exercise . So, the main ground on
which the amendment was held ultravires was that when the constituent body declared
that the election of P.M. won’t be void, it discharged a judicial function which according
to the principle of separation it shouldn’t have done. The place of this doctrine in Indian
context was made a bit clearer after this judgment.
Though in India strict separation of powers like in American sense is not followed but,
the principle of ‘checks and balances’, a part of this doctrine is. Therefore, none of the
three organs can usurp the essential functions of the organs, which constitute a part of
‘basic structure’ doctrine so much so that, not even by amending the constitution and if
any such amendment is made, the court will strike it down as unconstitutional.
Conclusion
It has been well said Acton.-
“Power corrupts and absolute Power tends to corrupt absolutely” . by Lord

Conferment of power in a single body leads to absolutism. But, even after distinguishing
the functions, when an authority wields public power, then providing absolute and sole
discretion to the body in the matters regarding its sphere of influence may also cause
36
abuse of such power. Therefore, the doctrine of separation of powers is a theoretical
concept and is impracticable to follow it absolutely.
The status of modern state is a lot more different than what it used to be. It has evolved
a great deal from a minimal, non-interventionist state to an welfare state, wherein it has
multifarious roles to play, like that of a protector, arbiter, controller, provider. This
omnipresence of the state has rendered its functions becoming diverse and problems,
interdependent and any serious attempt to define and separate those functions would
cause inefficiency in government. Hence, a distinction is made between ‘essential’ and
‘incidental’ powers of an organ. According to this differentiation one organ can’t claim the
powers essentially belonging to other organ because that would be a violation of the
principle of separation of powers. But, it can claim the exercise of the incidental functions
of another organ. This distinction prevents encroachment of an organ into the essential
sphere of activity of the other.
It is the exercise of incidental powers only which has made executive grow everywhere
in this social welfare state. It has assumed a vital role but, it has not usurped any role
from any other wing. It just happened that the other two organs, namely, judiciary and
legislature, became unsuitable for undertaking the functions of this welfare state and as
a consequence the functions of the executive increased. As controller and provider, the
judicial processes were very time consuming and the legislature was overburdened with
work. Therefore, it was in natural scheme of things which made the administrators end
up performing a variety of roles in the modern state including those of legislature and
judiciary too, to an extent.
Further, the check of the adjudicators over functionings of the other two has been
regarded as an ‘essential’ feature of the basic structure theory. The judicial review power
is a preventive measure in a democratic country which prevents administrators and law-
makers to exercise their whims and caprices on the lay man and turn it into a despotic
regime. There have been cases where the judiciary has dictated the ambit of their power
to the implementers and the mode to exercise it. Not even the representatives of people
are immune to the power of the courts. Two recent Supreme Court judgments- on the
cash-for-query case and on the Ninth Schedule – have once again brought the powers
and roles of the legislature and the judiciary into focus. In the case of the former, the
court upheld the Lok Sabha’s decision to expel members of Parliament, who were
caught on camera taking bribes, but clearly rejected the contention that it cannot review
parliament’s power to expel MPs and claimed for itself the role of final arbiter on
decisions taken by the legislature. The judgment on the Ninth Schedule has curtailed
Parliament’s power to keep certain progressive laws outside judicial Review.
In the Second case, i.e., I.R. Coelho vs. State of Tamil Nadu , S.C. took the help of
doctrine of basic structure as propounded in Kesavananda Bharati case and said that
Ninth Schedule is violative of this doctrine and hence from now on the Ninth Schedule
will be amenable to judicial review which also forms part of the basic feature theory. The
basic structure theory and the Golden triangle comprising of A.14, 19, and 21, will now
be the criterion in scrutiny of the Ninth Schedule.
In a democratic country goals are enshrined in the constitution and the state machinery
is then setup accordingly. And here it can be seen that constitutional provisions are
made as such to support a parliamentary form of government where the principle can’t
be followed rigidly. The S.C. rulings also justify that the alternative system of checks and
37
balances is the requirement, not the strict doctrine. Constitutionalism, the philosophical
concept of the constitution also insists on limitations being placed upon governmental
power to secure basic freedoms of the individual. Hence, the conclusion drawn out of the
study is that there is no strict separation of powers but the functions of the different
branches of the government have been sufficiently differentiated.
Department Name of the Committee.

1. Committee on Commerce
2. Committee on Home Affairs
3. Committee on Human Resource Development
4. Committee on Industry
5. Committee on Science & Technology,
Environment & Forests
6. Committee on Transport, Culture and Tourism
7. Committee on Agriculture
8. Committee on Information Technology
9. Committee on Defence
10. Committee on Energy
11. Committee on External Affairs
12. Committee on Finance
13. Committee on Food, Civil Supplies and
Public Distribution
14. Committee on Labour and Welfare
15. Committee on Petroleum & Chemicals
16. Committee on Railways
17. Committee on Urban and Rural Development
Committee on Estimates
This Committee consists of 30 members who are elected by the Lok Sabha every year
from amongst its members. A Minister is not eligible for election to this Committee. The
term of the Committee is one year. The main function of the Committee on Estimates is
to report what economies, improvements in organisation, efficiency, or administrative
reform, consistent with the policy underlying the estimates may be effected and to
suggest alternative policies in order to bring about efficiency and economy in
administration. From time to time the Committee selects such of the estimates pertaining
to a Ministry or a group of Ministries or the statutory and other Government bodies as
may seem fit to the Committee. The Committee also examines matters of special
interest which may arise or come to light in the course of its work or which are
specifically referred to it by the House or the Speaker.
Committee on Public Undertakings

The Committee on Public Undertakings consists of 15 members elected by the Lok
Sabha and 7 members of Rajya Sabha are associated with it. A Minister is not eligible
for election to this Committee. The term of the Committee is one year.
38
The functions of the Committee on Public Undertakings are—(a) to examine the reports
and accounts of Public Undertakings. (b) to examine the reports, if any, of the
Comptroller and Auditor General on the Public Undertakings. (c) to examine in the
context of the autonomy and efficiency of the Public Undertakings whether the affairs of
the Public Undertakings are being managed in accordance with sound business
principles and prudent commercial practices. and (d) such other functions vested in the
Committee on Public Accounts and the Committee on Estimates in relation to the Public
Undertakings as are not covered by clauses (a), (b) and (c) above and as may be
allotted to the Committee by the Speaker from time to time. The Committee does not,
however, examine matters of major Government policy and matters of day-to-day
administration of the Undertakings.
Committee on Public Accounts

This Committee consists of 15 members elected by the Lok Sabha and 7 members of
the Rajya Sabha are associated with it. A Minister is not eligible for election to this
Committee. The term of the Committee is one year.
The main duty of the Committee is to ascertain whether the money granted by
Parliament has been spent by Government "within the scope of the Demand". The
Appropriation Accounts of the Government of India and the Audit Reports presented by
the Comptroller and Auditor General mainly form the basis for the examination of the
Committee. Cases involving losses, nugatory expenditure and financial irregularities
come in for severe criticism by the Committee. The Committee is not concerned with
questions of policy. It is concerned only with the execution of the policy laid down by
Parliament and its results.
39
CHAPTER - 4
OFFICE OF INDIAN PRESIDENT
Article 52 The President of India

There shall be a President of India.
Article 53 Executive power of the Union
40
(1) The executive power of the Union shall be vested in the President and shall be
exercised by him either directly or through officers subordinates to him in accordance
with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the supreme command
of the Defense Forces of the Union Shall is vested in the President and the exercise
thereof shall be regulated by law.
(3) Nothing in this article shall
(a) be deemed to transfer to the President any functions conferred by any existing law
on the Government of any State or other authority
(b) prevent Parliament from conferring by law functions on authorities other than the
President.
Article 54 Election of President
The President shall be elected by the members of an electoral college consisting of

(a) the elected members of both Houses of Parliament
(b) the elected members of the Legislative Assemblies of the States. Explanation
In this article and in article 55, "State" includes the National Capital Territory of Delhi
and the Union territory of Pondicherry.
Article 55 Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the
different States at the election of the President.
(2) For the purpose of securing such uniformity among the States inter se as well as
parity between the States as a whole and the Union, the number of votes which each
elected member of Parliament and of the legislative Assembly of each state is entitled to
cast at such election shall be determined in the following manner. -
(a) every elected member of the Legislative Assembly of a State shall have as many
votes as there are multiples of one thousand in the quotient obtained by dividing the
population of the State by the total number of the elected members of the Assembly
(b) if, after taking the said multiples of one thousand, the remainder is not less than five
hundred, then the vote of each member referred to in sub-clause (a) shall be further
increased by one.
(c) each elected member of either House of Parliament shall have such number of votes
as may be obtained by dividing the total number of votes assigned to the members of
the Legislative Assemblies of the States under sub-clauses
(a) and (b) by the total number of the elected members of both Houses of Parliament,
fractions exceeding one-half being counted as one and other fractions being
disregarded.
41
(3) The election of the President shall be held in accordance with the system of
proportional representation by means of the single transferable vote and the voting at
such election shall be by secret ballot
Explanation In this article, the expression "population" means the population as
ascertained at the last preceding census of which the relevant figures have been
published
Provided that the reference in this Explanation to the last preceding census of which the
relevant figures have been published shall, until the relevant figures for the first census
taken after the year 2000 have been published, be construed as a reference to the 1971
census.
Article 56 Term of office of President

(1) The President shall hold office for a term of five years from the date on which he
enters upon his office.
Provided that –
(a) the President may, by writing under his hand addressed to the Vide-President,
resign his office.
(b) the President may, for violation of the Constitution, be removed from office by
impeachment in the manner provided in article 61.
(c) the President shall, notwithstanding the expiration of his term, continue to hold office
until his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause
(a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of
the House of the People.
Article 57 Eligibility for re-election

A person who holds, or who has held, office as President shall, subject to the other
provisions of this Constitution be eligible for re-election to that office.
Article 58 Qualifications for election as President
(1) No person shall be eligible for election as President unless he -

(a) is a citizen of India.
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds any office of profit
under the Government of India or the Government of any State or under any local or
other authority subject to the control of any of the said Governments.
Explanation. For the purposes of this article, a person shall not be deemed to hold any
office of profit by reason only that he is the President or Vice-President of the Union or
the Governor of any State or is a Minister either for the Union or for any State.
42
Article 59 Conditions of President's office
(1) The President shall not be a member of either House of Parliament or of a House of
the Legislature of any State, and if a member of either House of Parliament or of a
House of the Legislature of any State be elected President, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his office as
President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use of his official
residences and shall be also entitled to such emoluments, allowances and privileges as
may be determined by Parliament by law and until provision in that behalf is so made,
such emoluments, allowances and privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be diminished during his
term of office.
Article 60 Oath or affirmation by the President

Every President and every person acting as President or discharging the functions of the
President shall, before entering upon his office, make and subscribe in the presence of
the Chief Justice of India or, in his absence, the senior most Judge of the Supreme
Court available, an oath or affirmation in the following form, that is to say - "I, A.B., do
swear in the name of God / solemnly affirm that I will faithfully execute the office of
President (or discharge the function of the President) of India and will to the best of my
ability preserve, protect and defend the Constitution and the law and that I will devote
myself to the service and well-being of the people of India."
Article 61 Procedure for impeachment of the President
(1) When a President is to be impeached for violation of the Constitution, the charge
shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless -
(a) the proposal to prefer such charge is contained in a resolution which has been
moved after at least fourteen days' notice in writing signed by not less than one-fourth of
the total number of members of the House has been given of their intention to move the
resolution, and
(b) such resolution has been passed by a majority of not less than two-thirds of the total
membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the other
House shall investigate the charge or cause the charge to be investigated and the
President shall have the right to appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than
two-thirds of the total membership of the House by which the charge was investigated or
caused to be investigated, declaring that the charge preferred against the President has
been sustained, such resolution shall have the effect of removing the President from his
office as from the date on which the resolution is so passed.
Article 62 Time of holding election to fill vacancy in the office of resident

and the term of office or person elected to fill casual vacancy
(1) An election to fill a vacancy caused by the expiration of the term of office of President
43
shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by reason of his
death, resignation or removal, or otherwise shall be held as soon as possible after, and
in no case later than six months from, the date of occurrence of the vacancy. and the
person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled
to hold office for the full term of five years from the date on which he enters upon his
office.
Article 63 the Vice-President of India

There shall be a Vice-President of India.
Article 64 The Vice-President to be ex-officio Chairman of the Council of

States
The Vice-President shall be ex-officio Chairman of the Council of States and shall not
hold any other office of profit. Provided that during any period when the Vice-President
acts as President or discharges the functions of the President under article 65, he shall
not perform the duties of the office of Chairman of the Council of States and shall not be
entitled to any salary or allowance payable to the Chairman of the Council of States
under article 97.
Article 65 The Vice-President to act as President or to discharge his

functions during casual vacancies in the office, or during the absence, of
President
(1) In the event of the occurrence of any vacancy in the office of the President by reason
of this death, resignation or removal, or otherwise, the Vice-President shall act as
President until the date on which a new President elected in accordance with the
provisions of this Chapter to fill such vacancy enters upon his office.
(2) When the President is unable to discharge his functions owing to absence, illness or
any other cause, the Vice-President shall discharge his functions until the date on which
the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting
as, or discharging the functions of, President have all the powers and immunities of the
President and be entitled to such emoluments, allowances and privileges
as may be determined by Parliament by law and, until provision in that behalf is so
made, such emoluments, allowances and privileges as are specified in the Second
Schedule.
Article 66 Election of Vice-President
(1) The Vice-President shall be elected by the members of an electoral college

consisting of the members of both Houses of Parliament in accordance with the system
of proportional representation by means of a single transferable vote and the voting at
such election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of Parliament or of a
House of the Legislature of any State, and if a member of either House of Parliament or
of a House of the Legislature of any State be elected Vice-President, he shall be
44
deemed to have vacated his seat in that House on the date on which he enters upon his
office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he -
(a) is a citizen on India.
(b) has completed the age of thirty-five years. and
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if he holds any office of
profit under the Government of India or the Government of any State or under any local
or other authority subject to the control of any of the said Governments.
Explanation. For the purposes of this article, a person shall not be deemed to hold any
office of profit by reason only that he is the President of Vice-President of the Union or
the Governor of any State or is a Minister either for the Union or for any State.
Article 67 Term of office of Vice-President

The Vice-President shall hold office for a term of five years from the date on which he
enters upon his office.
Provided that - (a) A Vice-President may, by writing under his hand addressed to the
President, resign his office.
(b) a Vice-President may be removed from his office by a resolution of the Council of
States passed by a majority of all the then members of the Council and agreed to by the
House of the People. but no resolution for the purpose of this clause shall be moved
unless at least fourteen days' notice has been given of the intention to move the
resolution.
(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.
Article 68 Time of holding election to fill vacancy in the office of Vice-

President and the term of office of person elected to fill casual vacancy
(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-
President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his
death, resignation or removal, or otherwise shall be held as soon as possible after the
occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the
provisions of article 67, be entitled to hold office for the full term of five years from the
date on which he enters upon his office.
Article 69 Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before
the President, or some person appointed in that behalf by him, an oath or affirmation in
the following form, that is to say - "I, A.B., do swear in the name of God /solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as by law established
and that I will discharge the duty upon which I am about to enter."
Article 70 Discharge of President's functions in other contingencies

Parliament may make such provision as it thinks fit for the discharge of the functions of
the President in any contingency not provided for in this Chapter.
45
Article 71 Matters relating to, or connected with, the election of a President
or Vice-President
(1) All doubts and disputes arising out of or in connection with the election of a President
or Vice-President shall be inquired into and decided by the Supreme Court whose
decision shall be final.
(2) If the election of a person as President or Vice-President is declared void by the
Supreme Court, acts done by him in the exercise and performance of the powers and
duties of the office of President or Vice-President, as the case may be, on or before the
date of the decision of the Supreme Court shall not be invalidated by reason of that
declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any
matter relating to or connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in
question on the ground of the existence of any vacancy for whatever reason among the
members of the electoral college electing him.
Article 72 Power of President to grant pardons, etc., and to suspend, remit

or commute sentences in certain cases
(1) The President shall have the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any persons
convicted of any offence - (a) in all cases where the punishment of sentence is by a
Court Martial.
(b) in all cases where the punishment or sentence is for an offence against any law
relating to a matter to which the executive power of the Union extends.
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any
officer of the Armed Forces of the Union to suspend, remit or commute a sentence
passed by a Court martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or
commute a sentence of death exercisable by the Governor of a State under any law for
the time being in force.
Article 73 Extent of executive power of the Union
(1) Subject to the provisions of this Constitution, the executive power of the Union shall
extend -
(a) to the matters with respect to which Parliament has power to make laws. and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the
Government of India by virtue of any treaty of agreement.
Provided that the executive power referred to in sub-clause (a) shall not, save as
expressly provided in this Constitution or in any law made by Parliament, extend in any
State to matters with respect to which the Legislature of the State has also power to
make laws.
(2) Until otherwise provided by Parliament, a State and any officer or authority of a State
may, notwithstanding anything in this article, continue to exercise in matters with respect
to which Parliament has power to make laws for that State such executive power or
46
functions as the State or officer or authority thereof could exercise immediately before
the commencement of this Constitution.
Article 74 Council of Ministers to aid and advise President
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and
advise the President who shall, in the exercise of his functions, act in accordance with
such advice.
Provided that the President may require the Council of Ministers to reconsider such
advice, either generally or otherwise, and the President shall act in accordance with the
advice tendered after such reconsideration.
(2) The question whether any, and if so what, advice was tendered by Ministers to the
President shall not be inquired into in any court.
Article 75 Other provisions as to Ministers
(1) The Prime Minister shall be appointed by the President and the other Ministers shall
be appointed by the President on the advice of the Prime Minister.
(2) The Minister shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House of the People.
(4) Before a Minister enters upon his office, the President shall administer to him the
oaths of office and of secrecy according to the forms set out for the purpose in the Third
Schedule.
(5) A Minister who for any period of six consecutive months is not a member of either
House of Parliament shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament may from time
to time by law determine and, until Parliament so determines, shall be as specified in the
Second Schedule.
Article 76 Attorney-General for India
(1) The President shall appoint a person who is qualified to be appointed a Judge of the
Supreme Court to be Attorney-General for India.
(2) It shall be the duty of the Attorney-General to give advice to the Government of India
upon such legal matters, and to perform such other duties of a legal character, as may
from time to time be referred or assigned to him by the President, and to discharge the
functions conferred on him by or under this Constitution or any other law for the time
being in force.
(3) In the performance of his duties the Attorney-General shall have right of audience in
all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President, and shall
receive such remuneration as the President may determine.
Article 77 Conduct of business of the Government of India
(1) All executive action of the Government of India shall be expressed to be taken in the
name of the President.
(2) Orders and other instruments made and executed in the name of the President shall
be authenticated in such manner as may be specified in rules to be made by the
47
President, and the validity of an order or instrument which is so authenticated shall not
be called in question on the ground that it is of an order or instrument which is so
authenticated shall not be called in question on the ground that it is not an order or
instrument made or executed by the President.
(3) The President shall make rules for the more convenient transaction of the business
of the Government of India, and for the allocation among Ministers of the said business.
Article 78 Duties of Prime Minister as respects the furnishing of information

to the President, etc.
It shall be the duty of the Prime Minister -
(a) to communicate to the President all decisions of the Council
of Ministers relating to the administration of the affairs of the Union and proposals for
legislation.
(b) to furnish such information relating the administration of the affairs of the Union on
and proposals for legislation as the President may call for. and
(c) if the President so requires, to submit for the consideration of the Council of Ministers
any matter on which a decision has been taken by a Minister but which has not been
considered by the Council.
48
CHAPTER - 5
PARLIAMENTARY FORM OF GOVERNMENT
Parliament is the supreme legislative body of a country. Our Parliament comprises of

the President and the two Houses—Lok Sabha (House of the People) and Rajya Sabha
(Council of States). The President has the power to summon and prorogue either House
of Parliament or to dissolve Lok Sabha.
The Constitution of India came into force on January 26, 1950. The first general
elections under the new Constitution were held during the year 1951-52 and the first
elected Parliament came into being in April, 1952, the Second Lok Sabha in April, 1957,
the Third Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok
49
Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in
January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in
December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May,
1996, the Twelfth Lok Sabha in March, 1998 and Thirteenth Lok Sabha in October,
1999.
LOK SABHA
Lok Sabha, as the name itself signifies, is the body of representatives of the people. Its
members are directly elected, normally once in every five years by the adult population
who are eligible to vote. The minimum qualifying age for membership of the House is 25
years. The present membership of Lok Sabha is 545. The number is divided among the
different States and Union Territories as follows.
(1) Andhra Pradesh 42
(2) Arunachal Pradesh 2
(3) Assam 14
(4) Bihar 40
(5) Chhattisgarh 11
(6) Goa 2
(7) Gujarat 26
(8) Haryana 10
(9) Himachal Pradesh 4
(10) Jammu & Kashmir 6
(11) Jharkhand 14
(12) Karnataka 28
(13) Kerala 20
(14) Madhya Pradesh 29
(15) Maharashtra 48
50
(16) Manipur 2
(17) Meghalaya 2
(18) Mizoram 1
(19) Nagaland 1
(20) Orissa 21
(21) Punjab 13
(22) Rajasthan 25
(23) Sikkim 1
(24) Tamil Nadu 39
(25) Tripura 2
(26) Uttaranchal 5
(27) Uttar Pradesh 80
(28) West Bengal 42
(29) Andaman & Nicobar Islands 1
(30) Chandigarh 1
(31) Dadra & Nagar Haveli 1
(32) Daman & Diu 1
(33) NCT of Delhi 7
(34) Lakshadweep 1
(35) Pondicherry 1
(36) Anglo-Indians (if nominated 2 by the President under Article 331 of the Constitution)
RAJYA SABHA
Rajya Sabha is the Upper House of Parliament. It has not more than 250 members.
Members of Rajya Sabha are not elected by the people directly but indirectly by the
51
Legislative Assemblies of the various States. Every State is allotted a certain number of
members. No member of Rajya Sabha can be under 30 years of age.
Twelve of Rajya Sabha members are nominated by the President from persons who
have earned distinction in the fields of literature, art, science and social service.
Rajya Sabha is a permanent body. It is not subject to dissolution but one-third of its
members retire every two years. Rajya Sabha was duly constituted for the first time on
April 3, 1952 and it held its first sitting on May 13, that year.
There are at present 245 members in Rajya Sabha, distributed among different States
and Union Territories as follows.
(1) Andhra Pradesh 18
(2) Arunachal Pradesh 1
(3) Assam 7
(4) Bihar 16
(5) Chhattisgarh 5
(6) Goa 1
(7) Gujarat 11
(8) Haryana 5
(9) Himachal Pradesh 3
(10) Jammu & Kashmir 4
(11) Jharkhand 6
(12) Karnataka 12
(13) Kerala 9
(14) Madhya Pradesh 11
(15) Maharashtra 19
(16) Manipur 1
52
(17) Meghalaya 1
(18) Mizoram 1
(19) Nagaland 1
(20) Orissa 10
(21) Punjab 7
(22) Rajasthan 10
(23) Sikkim 1
(24) Tamil Nadu 18
(25) Tripura 1
(26) Uttaranchal 3
(27) Uttar Pradesh 31
(28) West Bengal 16
(29) NCT of Delhi 3
(30) Pondicherry 1
(31) Nominated by the President under 12 Article 80(1)(a) of the Constitution
Presiding Officers
Lok Sabha elects one of its own members as its Presiding Officer and he is called the
Speaker. He is assisted by the Deputy Speaker who is also elected by Lok Sabha. The
conduct of business in Lok Sabha is the responsibility of the Speaker.
The Vice-President of India is the ex-officio Chairman of Rajya Sabha. He is elected by

the members of an electoral college consisting of members of both Houses of
Parliament. Rajya Sabha also elects one of its members to be the Deputy Chairman.
Functions of Lok Sabha and Rajya Sabha
53
The main function of both the Houses is to pass laws. Every Bill has to be passed by
both the Houses and assented to by the President before it becomes law. The subjects
over which Parliament can legislate are the subjects mentioned under the Union List in
the Seventh Schedule to the Constitution of India. Broadly speaking, Union subjects are
those important subjects which for reasons of convenience, efficiency and security are
administered on all-India basis. The principal Union subjects are Defence, Foreign
Affairs, Railways, Transport and Communications, Currency and Coinage, Banking,
Customs and Excise Duties. There are numerous other subjects on which both
Parliament and State Legislatures can legislate.
Under this category mention may be made of economic and social planning, social
security and insurance, labour welfare, price control and vital statistics.
Besides passing laws, Parliament can by means of resolutions, motions for adjournment,
discussions and questions addressed by members to Ministers exercise control over the
administration of the country and safeguard people’s liberties.
Difference between Lok Sabha and Rajya Sabha
(1) Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya
Sabha are elected by the elected members of State Legislative Assemblies in
accordance with the system of proportional representation by means of single
transferable vote.
(2) The normal life of every Lok Sabha is 5 years only while Rajya Sabha is a permanent
body.
(3) Lok Sabha is the House to which the Council of Ministers is responsible under the
Constitution. Money Bills can only be introduced in Lok Sabha. Also it is Lok Sabha
which grants the money for running the administration of the country.
(4) Rajya Sabha has special powers to declare that it is necessary and expedient in the
national interest that Parliament may make laws with respect to a matter in the State List
or to create by law one or more all-India services common to the Union and the States.
54
OPENING OF PARLIAMENT BY THE PRESIDENT
Article 87(1) of the Constitution provides.— "At the commencement of the first session
after each general election to the House of the People and at the commencement of the
first session of each year the President shall address both Houses of Parliament
assembled together and inform Parliament of the causes of its summons."
In the case of the first session after each general election to Lok Sabha, the President
addresses both Houses of Parliament assembled together after the Members have
made and subscribed the oath or affirmation and the Speaker has been elected. It takes
generally two days to complete these preliminaries. No other business is transacted till
the President has addressed both Houses of Parliament assembled together and
informed Parliament of the causes of its summons. In the case of the first session of
each year, the President addresses both Houses of Parliament at the time and date
notified for the commencement of the session of both the Houses of Parliament. Half-an-
hour after the conclusion of the Address, both the Houses meet separately in their
respective Chambers when a copy of the President’s Address is laid on the Table and
brought on the record of each House.
No separate summons for the President’s Address are issued to members. They are
informed of the date, time and place fixed for the President’s Address through a
Parliamentary Bulletin. At the time fixed for the President’s Address, Members of both
Houses of Parliament assemble together in the Central Hall of the Parliament House
where the President delivers his Address. New members who have not already made
and subscribed the oath or affirmation are admitted to the Central Hall on the occasion
of the President’s Address on production of either the certificate of election granted to
them by the Returning Officer or the summons for the session issued to them. In the
Central Hall, Prime Minister, Cabinet Ministers, Deputy Speaker, Lok Sabha and Deputy
Chairman, Rajya Sabha are allotted seats in the first row. Other Ministers are also
allotted a block of seats. The Leaders of the Opposition in Lok Sabha and in Rajya
Sabha are allotted seats in the first row. Leaders of other Parties/Groups in both the
Houses are also allotted suitable seats. Members of Panel of Chairmen and Chairmen of
Parliamentary Committees are allotted seats in the second row. The Members are free
to occupy other seats which are not allotted/earmarked.
55
The President’s Address to both the Houses of Parliament assembled together is a
solemn and formal act under the Constitution. Utmost dignity and decorum befitting the
occasion are maintained. Any action on the part of a Member which mars the occasion
or creates disturbance is punishable by the House to which that Member belongs.
Members are expected to take their seats five minutes before the President arrives in
the Central Hall.
The visitors, who are issued passes for this occasion, are also requested to be in their
seats half-an-hour before the time fixed for the President’s Address. It is a convention
that no Member leaves the Central Hall while the President is addressing. The President
arrives at the Parliament House (North West portico) in the State Coach or in the car and
is received at the Gate by the Chairman, Rajya Sabha, the Prime Minister, the Speaker,
Lok Sabha, Minister of Parliamentary Affairs and Secretaries-General of the two
Houses. The President is conducted to the Central Hall in a procession. On the passage
from the Gate to the Central Hall from where the procession passes, red baize cloth is
spread.
Just when the procession enters the gangway of the Central Hall, the Marshal who has
taken his position at the dais, announces the arrival of the President by saying [Hon’ble
Members, Hon’ble the President] Almost simultaneously two trumpeters positioned in the
Gallery above the dais sound the fanfare till the President arrives at the dais. Thereupon,
Members rise in their places and remain standing until the President has taken his seat
on the dais.
On reaching the floor of Central Hall in front of the dais, the procession bifurcates. the
President, the Chairman of Rajya Sabha and the Speaker of Lok Sabha move towards
their seats on the dais — the Chairman to the right and the Speaker to the left of the
President who occupies the middle seat. The Secretaries-General and other Officers in
the procession move towards the chairs placed for them in the pit of the Central Hall on
either side of the dais. When President reaches his seat on the dais, a band positioned
in the Lobby of the Central Hall to the right of the President, plays the National Anthem
during which time everyone remains standing. Thereafter, as the President takes his
seat, Presiding Officers and Members resume their seats. The President then addresses
the Members in Hindi or English. The other version of the Address is read out by the
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Chairman of the Rajya Sabha. After the conclusion of the Address, the President rises in
his seat followed by the members when the National Anthem is played again. The
President, thereafter, leaves the Central Hall in a procession which is formed in the
same manner as at the time of his arrival. The members remain standing till the
procession leaves the Central Hall. On reaching the gate, the President takes leave of
the Chairman, Rajya Sabha, the Prime Minister, the Speaker, Lok Sabha and Minister of
Parliamentary Affairs. The Secretaries-General of the two Houses are also present at
the occasion. Thereafter, the President leaves for the Rashtrapati Bhawan.
BUDGET IN PARLIAMENT
With the emergence of Welfare State, Governments have come to look after virtually
every sphere of human life. They have to perform manifold functions from maintaining
law and order, protecting their territories to implementation of plans for economic and
social betterment. Besides, they provide a variety of social services like education,
health, employment and housing to the people. Needless to say, Government require
adequate resources to discharge these functions effectively. Where is this money to
come from and who is to sanction the funds? The necessary funds are mobilised from
the country’s resources by way of taxes both direct and indirect, loans both long-term
and short-term, to meet the Governmental expenditure. In India, the principal sources of
revenue are customs and excise duties and Income-tax on individuals and companies.
Need for Budget
It is not as if the Government can tax, borrow and spend money the way it likes. Since
there is a limit to the resources, the need for proper budgeting arises to allocate scarce
resources to various Governmental activities. Every item of expenditure has to be well
thought out and total outlay worked out for a specific period. Prudent spending is
essential for the stability of a Government and proper earnings are a pre-requisite to
wise spending. Hence, planned expenditure and accurate foresight of earnings are sine-
qua-non of sound Governmental finance.
Parliamentary Control over Finance
57
Ours is a Parliamentary system of Government based on Westminster model. The
Constitution has, therefore, vested the power over the purse in the hands of chosen
representatives of the people thus sanctifying the principle ‘no taxation without
representation’. Preparation of Budget for the approval of the Legislature is a
Constitutional obligation of the Government both at the Centre and the State levels.
Legislative prerogative over taxation, legislative control over expenditure and executive
initiative in financial matters are some of the fundamental principles of the system of
Parliamentary financial control.
There are specific provisions in the Constitution of India incorporating these tenets. For
example, article 265 provides that ‘no tax shall be levied or collected except by authority
of law’. no expenditure can be incurred except with the authorisation of the Legislature
(article 266). and President shall, in respect of every financial year, cause to be laid
before Parliament, Annual Financial Statement (article 112). These provisions of our
Constitution make the Government accountable to Parliament.
The Budget
The ‘Annual Financial Statement’, laid before both the Houses of Parliament constitutes
the Budget of the Union Government. This statement takes into account a period of one
financial year. The financial year commences in India on 1st April each year. The
statement embodies the estimated receipts and expenditure of the Government of India
for the financial year.
Demands for Grants
58
The estimates of expenditure included in the Budget and required to be voted by Lok
Sabha are in the form of Demands for Grants. These Demands are arranged Ministry-
wise and a separate Demand for each of the major services is presented. Each Demand
contains first a statement of the total grant and then a statement of the detailed estimate
divided into items.
Railway Budget
The Budget of the Indian Railways is presented separately to Parliament and dealt with
separately, although the receipts and expenditure of the Railways form part of the
Consolidated Fund of India and the figures relating to them are included in the ‘Annual
Financial Statement’.
Presentation
In India, the Budget is presented to Parliament on such date as is fixed by the President.
The Budget speech of the Finance Minister is usually in two parts. Part A deals with
general economic survey of the country while Part B relates to taxation proposals.
General Budget was earlier being presented at 5 P.M. on the last working day of
February, but since 1999 the General Budget is being presented at 11 A.M. on the last
working day of February, i.e. about a month before the commencement of the Financial
year except in the year when General Elections to Lok Sabha are held. In an election
year, Budget may be presented twice—first to secure Vote on Account for a few months
and later in full.
The General Budget is presented in Lok Sabha by the Minister of Finance. He makes a
speech introducing the Budget and it is only in the concluding part of his speech that the
proposals for fresh taxation or for variations in the existing taxes are disclosed by him.
The ‘Annual Financial Statement’ is laid on the Table of Rajya Sabha at the conclusion
of the speech of the Finance Minister in Lok Sabha.
Budget Documents
59
Alongwith the ‘Annual Financial Statement’ Government presents the following
documents. an Explanatory Memorandum briefly explaining the nature of receipts and
expenditure during the current year and the next year and the reasons for variations in
the estimates for the two years, the Books of Demands showing the provisions Ministry-
wise and a separate Demand for each Department and service of the Ministry. The
Finance Bill which deals with the taxation measures proposed by Government is
introduced immediately after the presentation of Budget. It is accompanied by a
memorandum explaining the provisions of the Bill and their effect on the finances of the
country.
Vote on Account
The discussion on the Budget begins a few days after its presentation. In a democratic
set-up, Government is anxious to give Parliament full opportunity to discuss the
budgetary provisions and the various proposals for taxation. Since Parliament is not able
to vote the entire budget before the commencement of the new financial year, the
necessity to keep enough finance at the disposal of Government in order to allow it to
run the administration of the country remains. A special provision is, therefore, made for
"Vote on Account" by which Government obtains the Vote of Parliament for a sum
sufficient to incur expenditure on various items for a part of the year.
Normally, the Vote on Account is taken for two months only. But during election year or
when it is anticipated that the main Demands and Appropriation Bill will take longer time
than two months, the Vote on Account may be for a period exceeding two months.
Discussion
The Budget is discussed in two stages in Lok Sabha. First, there is the General
Discussion on the Budget as a whole. This lasts for about 4 to 5 days. Only the broad
outlines of the Budget and the principles and policies underlying it are discussed at this
stage.
Consideration of the Demands by Standing Committees of Parliament
60
After the first stage of General Discussion on both Railway as well as General Budget is
over, the House is adjourned for a fixed period. During this period, the Demands for
Grants of various Ministries/Departments including Railways are considered by
concerned Standing Committees (Rule 331G). These Committees are required to make
their reports to the House within specified period without asking for more time. The
system of consideration of Demands for Grants by the Standing Committees was
introduced from the Budget for the year 1993-94. The Standing Committee consists of
45 Members, 30 from Lok Sabha and 15 from Rajya Sabha. The reports of the Standing
Committees are of persuasive nature (Rule 331N). The report shall not suggest anything
of the nature of cut motions.
After the reports of the Standing Committees are presented to the House, the House
proceeds to the discussion and Voting on Demands for Grants, Ministry-wise. The time
for discussion and Voting of Demands for Grants is allocated by the Speaker in
consultation with the Leader of the House. On the last day of the allotted days, the
Speaker puts all the outstanding Demands to the Vote of the House. This device is
popularly known as ‘guillotine’. Lok Sabha has the power to assent to or refuse to give
assent to any Demand or even to reduce the amount of Grant sought by Government. In
Rajya Sabha there is only a General Discussion on the Budget. It does not vote on the
Demands for Grants. Only so much of the amount is subject to the vote of Lok Sabha as
is not a "charged" expenditure on the Consolidated Fund of India. The "charged"
expenditure includes the emoluments of the President and the salaries and allowances
of the Chairman and Deputy Chairman of Rajya Sabha and the Speaker and Deputy
Speaker of Lok Sabha, Judges of Supreme Court, Comptroller and Auditor General of
India and certain other items specified in the Constitution of India. Discussion in Lok
Sabha on ‘charged’ expenditure is permissible but such expenditure is not voted by the
House. Members have full opportunity to criticise the budgetary provisions during the
course of discussion as also to make suggestions for improving the financial position of
the country.
Cut Motions
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Motions for reduction to various Demands for Grants are made in the form of Cut
Motions seeking to reduce the sums sought by Government on grounds of economy or
difference of opinion on matters of policy or just in order to voice a grievance.
Appropriation Bill
After the General Discussion on the Budget proposals and Voting on Demands for
Grants have been completed, Government introduces the Appropriation Bill. The
Appropriation Bill is intended to give authority to Government to incur expenditure from
and out of the Consolidated Fund of India. The procedure for passing this Bill is the
same as in the case of other money Bills.
Finance Bill
The Finance Bill seeking to give effect to the Government’s taxation proposals which is
introduced in Lok Sabha immediately after the presentation of the General Budget, is
taken up for consideration and passing after the Appropriation Bill is passed. However,
certain provisions in the Bill relating to levy and collection of fresh duties or variations in
the existing duties come into effect immediately on the expiry of the day on which the Bill
is introduced by virtue of a declaration under the Provisional Collection of Taxes Act.
Parliament has to pass the Finance Bill within 75 days of its introduction.
Supplementary/Excess Grants
No expenditure in excess of the sums authorised by Parliament can be incurred without

the sanction of Parliament. Whenever a need arises to incur extra expenditure, a
Supplementary estimate is laid before Parliament. If any money has been spent on any
service during a financial year in excess of the amounts granted for that service and for
that year, the Minister of Finance/ Railways presents a Demand for Excess Grant. The
procedure followed in Parliament in regard to Supplementary/Excess Grants is more or
less the same as is adopted in the case of estimates included in the General Budget.
Budget of a State/Union Territory under President’s Rule
62
Budget of a State under President’s rule is presented to Lok Sabha. The procedure
followed in regard to the Budget of the Union Government is followed in the case of
State Budget also with such variations or modifications, as the Speaker may make.
HOW A BILL BECOMES AN ACT
A Bill is the draft of a legislative proposal. It has to pass through various stages before it
becomes an Act of Parliament.
First Reading
The legislative process starts with the introduction of a Bill in either House of Parliament
—Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a
private member. In the former case it is known as a Government Bill and in the latter
case it is known as a Private Member’s Bill.
It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If
leave is granted by the House, the Bill is introduced. This stage is known as the First
Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Speaker
may, in his discretion, allow brief explanatory statement to be made by the member who
opposes the motion and the member-in-charge who moved the motion. Where a motion
for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation
outside the legislative competence of the House, the Speaker may permit a full
discussion thereon. Thereafter, the question is put to the vote of the House. However,
the motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to
the vote of the House.
Publication in Gazette
After a Bill has been introduced, it is published in the Official Gazette. Even before
introduction, a Bill might, with the permission of the Speaker, be published in the
Gazette.
In such cases, leave to introduce the Bill in the House is not asked for and the Bill is
straightaway introduced.
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Reference of Bill to Standing Committee
After a Bill has been introduced, Presiding Officer of the concerned House can refer the
Bill to the concerned Standing Committee for examination and make report thereon.
If a Bill is referred to Standing Committee, the Committee shall consider the general
principles and clauses of the Bill referred to them and make report thereon. The
Committee can also take expert opinion or the public opinion who are interested in the
measure. After the Bill has thus been considered, the Committee submits its report to
the House. The report of the Committee, being of persuasive value shall be treated as
considered advice given by the Committees.
Second Reading
The Second Reading consists of consideration of the Bill which is in two stages.
First Stage. The first stage consists of general discussion on the Bill as a whole when
the principle underlying the Bill is discussed. At this stage it is open to the House to refer
the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to
circulate it for the purpose of eliciting opinion thereon or to straightaway take it into
consideration.
If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-
by-clause just as the House does. Amendments can be moved to the various clauses by
members of the Committee. The Committee can also take evidence of associations,
public bodies or experts who are interested in the measure. After the Bill has thus been
considered, the Committee submits its report to the House which considers the Bill again
as reported by the Committee. If a Bill is circulated for the purpose of eliciting public
opinion thereon, such opinions are obtained through the Governments of the States and
Union Territories. Opinions so received are laid on the Table of the House and the next
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motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not
ordinarily permissible at this stage to move the motion for consideration of the Bill.
Second Stage. The second stage of the Second Reading consists of clause-by-clause
consideration of the Bill as introduced or as reported by Select/Joint Committee.
Discussion takes place on each clause of the Bill and amendments to clauses can be
moved at this stage. Amendments to a clause have been moved but not withdrawn are
put to the vote of the House before the relevant clause is disposed of by the House. The
amendments become part of the Bill if they are accepted by a majority of members
present and voting. After the clauses, the Schedules if any, clause 1, the Enacting
Formula and the Long Title of the Bill have been adopted by the House, the Second
Reading is deemed to be over.
Third Reading
Thereafter, the member-in-charge can move that the Bill be passed. This stage is known
as the Third Reading of the Bill. At this stage the debate is confined to arguments either
in support or rejection of the Bill without referring to the details thereof further than that
are absolutely necessary. Only formal, verbal or consequential amendments are allowed
to be moved at this stage. In passing an ordinary Bill, a simple majority of members
present and voting is necessary. But in the case of a Bill to amend the Constitution, a
majority of the total membership of the House and a majority of not less than two-thirds
of the members present and voting is required in each House of Parliament.
Bill in the other House
After the Bill is passed by one House, it is sent to the other House for concurrence with a
message to that effect, and there also it goes through the stages described above
except the introduction stage.
Money Bills
Bills which exclusively contain provisions for imposition and abolition of taxes, for
appropriation of moneys out of the Consolidated Fund, etc., are certified as Money Bills.
65
Money Bills can be introduced only in Lok Sabha. Rajya Sabha cannot make
amendments in a Money Bill passed by Lok Sabha and transmitted to it. It can, however,
recommend amendments in a Money Bill, but must return all Money Bills to Lok Sabha
within fourteen days from the date of their receipt. It is open to Lok Sabha to accept or
reject any or all of the recommendations of Rajya Sabha with regard to a Money Bill. If
Lok Sabha accepts any of the recommendations of Rajya Sabha, the Money Bill is
deemed to have been passed by both Houses with amendments recommended by
Rajya Sabha and accepted by Lok Sabha and if Lok Sabha does not accept any of the
recommendations of Rajya Sabha, Money Bill is deemed to have been passed by both
Houses in the form in which it was passed by Lok Sabha without any of the amendments
recommended by Rajya Sabha. If a Money Bill passed by Lok Sabha and transmitted to
Rajya Sabha for its recommendations is not returned to Lok Sabha within the said period
of fourteen days, it is deemed to have been passed by both Houses at the expiration of
the said period in the form in which it was passed by Lok Sabha.
QUESTION HOUR IN LOK SABHA
Generally, the first hour of a sitting of Lok Sabha is devoted to Questions and that hour
is called the Question Hour. It has a special significance in the proceedings of
Parliament.
Asking of questions is an inherent and unfettered parliamentary right of members. It is

during the Question Hour that the members can ask questions on every aspect of
administration and Governmental activity. Government policies in national as well as
international spheres come into sharp focus as the members try to elicit pertinent
information during the Question Hour.
The Government is, as it were, put on its trial during the Question Hour and every
Minister whose turn it is to answer questions has to stand up and answer for his or his
administration’s acts of omission and commission. Through the Question Hour the
Government is able to quickly feel the pulse of the nation and adapt its policies and
actions accordingly. It is through questions in Parliament that the Government remains
in touch with the people in as much as members are enabled thereby to ventilate the
grievances of the public in matters concerning the administration. Questions enable
Ministries to gauge the popular reaction to their policy and administration. Questions
66
bring to the notice of the Ministers many an abuse which otherwise would have gone
unnoticed. Sometimes questions may lead to the appointment of a commission, a court
of enquiry or even legislation when matters raised are grave enough to agitate the public
mind and are of wide public importance.
The Question Hour is an interesting part of the Parliamentary proceedings. Although a

question mainly seeks information and tries to elicit facts on a particular subject, there
are many a time lively and quicksilver repartees between the Members asking the
questions and the Ministers answering them. These repartees are sometimes coupled
with flashes of wit and humour. That is why the public galleries and the press galleries
are packed to capacity during the Question Hour.
Telecasting of Question Hour
With a view to familiarising the public at large about the manner in which the
proceedings of the Houses of Parliament are conducted in the Question Hour and how
their representatives raise various issues of national/international importance,
proceedings of the Question Hour are being telecast since 2 December 1991. Earlier the
pre-recorded proceedings of the Question Hour were telecast by Doordarshan on the
following day in the morning. From 7 December 1994, the proceedings of the Question
Hour of both the Houses are being telecast live on alternate weeks throughout the
country on the national channel of Doordarshan from 1100 hrs. To 1200 hrs. All India
Radio is also broadcasting the proceedings of the Question Hour of both the Houses
from 2200 hrs. To 2300 hrs. in the same night on their national hook up. It has been
arranged in such a manner that during the telecast of the Question Hour of one House
by Doordarshan, the Question Hour of the Other House is broadcast by All India Radio.
In addition, the proceedings of the Question Hour and the entire post-lunch proceedings
of Lok Sabha are being telecast live on a separate terrestrial channel through a Low
Power Transmitter (LPT) with a reach of 10-15 kms, installed in Parliament House. The
entire proceedings of Rajya Sabha are also being telecast live daily since 7 December
1994 through a separate LPT.
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Types of Questions
Questions are of four types.—
Starred, Unstarred, Short Notice Questions and Questions addressed to private

Members
A Starred Question is one to which a member desires an oral answer in the House and
which is distinguished by an asterisk mark. When a question is answered orally,
supplementary questions can be asked thereon. Only 20 questions can be listed for oral
answer on a day.
Un starred Question is one which is not called for oral answer in the House and on which
no supplementary questions can consequently be asked. To such a question, a written
answer is deemed to have been laid on the Table after the Question Hour by the
Minister to whom it is addressed. It is printed in the official report of the sitting of the
House for which it is put down. Only 230 questions can be listed for written answer on a
day. In addition to this, 25 more questions can also be included in the Unstarred List
relating to the States under Presidential Rule and the total number of questions in the list
of Unstarred Questions for a day may not exceed 255 in relaxation of normal limit of 230
questions.
A Short Notice Question is one which relates to a matter of urgent public importance and
can be asked with shorter notice than the period of notice prescribed for an ordinary
question. Like a starred question, it is answered orally followed by supplementary
questions.
The Question to a Private Member is addressed to the Member himself/herself and it is

asked when the subjectmatter of it pertains to any Bill, Resolution or any matter relating
to the Business of the House for which that Member is responsible. For such Questions,
the same procedure is followed as in the case of Questions addressed to a Minister with
such variations as the Speaker may consider necessary or convenient.
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Notices of Questions
A member gives notice in writing addressed to the Secretary-General, Lok Sabha,

intimating his intention to ask a question. Besides the text of the question, the notice
states clearly the official designation of the Minister to whom the question is addressed
as also the date on which the question is desired to be placed on the list of questions for
answer as also the order of preference, if any, for its being placed on the list of questions
when a member tables more than one notice of questions for the same day.
The normal period of notice of a question is not more than twenty-one and not less than
ten clear days. A short notice question can be asked with a notice shorter than ten days,
but the member has to state briefly the reasons for asking the question at short notice.
Procedure in Lok Sabha Secretariat
On receipt of the notice of a question it is scrutinised to see that the designation of the
Minister and date of answer have been correctly mentioned in the notice. A preliminary
ballot of identical questions is held and the member who obtains priority is deemed to
have tabled the question. A ballot is then held in respect of notices received in this
Secretariat at the same time to determine their inter se priority. Separate ballots are held
for starred and unstarred questions. Starred, unstarred and short notice questions are
numbered separately and entered in separate diaries on computer software.
The next stage is to examine the question as to whether or not it is admissible under the
rules and past precedents. A question is primarily asked for the purpose of obtaining
information on a matter of public importance. Questions that contain arguments,
inferences or defamatory statements or otherwise refer to the character or conduct of
any person except in his official or public capacity, are not admitted. Questions which
are in substance repetitions of those that have been answered previously or in regard to
which information is available in accessible documents or in ordinary works of reference
are also not admitted. Besides, if the subject matter of a question is pending for
judgement before any court of law or any other tribunal or body set up under law or is
under consideration before a Parliamentary Committee, the same is not permitted to be
69
asked. Questions making discourteous references to foreign countries with whom India
has friendly relations are disallowed. Similarly, questions raising larger issues of policy
are not allowed for it is not possible to enunciate policies within the limited compass of
an answer to a question. Questions containing more than 150 words or relating to a
matter which is not primarily the concern of the Government of India are not admitted.
Questions going into minor details of administration and day-to-day working of the
Government/Organisations are also not admitted.
Keeping the above rules and precedents in view, a question is admitted or disallowed.
Typed copies of the admitted and edited questions are then made out on a standard
form. An advance copy of the admitted question is informally collected by the
Ministry/Department concerned so that they may on their side initiate the action for
collection of information asked for in the question to prepare a reply.
A Short Notice Question which is of wide public importance is first referred to the
Ministry concerned if necessary for furnishing factual information in the matter and also
for indicating whether the Minister concerned accepts the short notice and, if so, what
date will be convenient to him to answer the question. If the Minister accepts the short
notice and the matter sought to be raised is considered by the Speaker, urgent, the
Short Notice Question is admitted and printed in a separate list on the light pink paper in
order to distinguish from lists of ordinary questions. The Short Notice Question is taken
up after the Question Hour.
Allotment of Days for Questions
Immediately on the fixation of the dates of sittings of a session of Lok Sabha, allotment
is made of the days available for the answering of questions relating to the various
Ministries of Government of India. For this purpose the various Ministries are divided into
five Groups and fixed days are allotted to groups of Ministries during the week. There is
no Question Hour on Saturday, if a sitting is fixed for that day. Separate lists are
prepared for starred and unstarred questions which have been admitted. Admitted
questions are entered in the List of Questions for the day for oral or written answers as
the case may be, in the order of priority obtained in ballot with the orders of the Speaker.
70
Not more than five questions are admitted in the name of a member for each sitting of
which not more than one is put down for oral answer. While compiling the list of
unstarred questions, care is taken to see that one question of each member is included
in the list of questions of that date. The remaining unstarred questions are thereafter put
in the list according to inter se priority obtained in the ballot. A serial number is allotted to
each question. Normally not more than twenty questions are placed on the list of
questions for oral answers and not more than two hundred and thirty questions are
placed on the list of questions for written answers on any one day. The Ministries are
supplied with the lists of finally admitted questions at least 5 days before the date fixed
for asking the questions.
Mode of Asking Questions
The member whose question has been admitted and which is included in the list of
questions for oral answers for a particular day, rises in his/her seat when the turn of
his/her question comes and asks his/her question by reading out its number on the list of
questions. The Minister concerned answers the question. Thereafter the member who
had asked the question can ask only two supplementary questions. After him/her the
second member whose name is clubbed on the question is allowed to ask one
supplementary question. Thereafter, the Speaker allows one supplementary each to
members who are able to catch his eye. The number of such members depends on the
importance of the question. Then the next question is taken up. The replies to questions
not reached for oral answer during the Question Hour are deemed to have been laid on
the Table of Lok Sabha.
At the end of the Question Hour, i.e. after the questions for oral answer have been
answered, Short Notice Question, if any, for that day is taken up and disposed of in the
same way as the questions for oral answers.
Half-an-Hour Discussion
Where answer to a question whether Starred or Unstarred needs elucidation on a matter

of fact, any member can table a notice for raising Half-an-Hour Discussion thereon. If the
notice is admitted and gets priority in ballot such a discussion may be allowed by the
Speaker. Normally, such discussions are held on three days in a week, viz., Monday,
71
Wednesday and Friday except in Budget Session when such discussion is normally not
held till the financial business is completed. The discussion is usually held from 17.30 to
18.00 hrs. During the discussion, the member who has given notice makes a short
statement and not more than four other members, who have given advance notice
before 11.00 hours on the day on which discussion is to be held are permitted to ask a
question each for further elucidating any matter of fact. Thereafter, the Minister
concerned replies.
INDIAN PARLIAMENTARY GROUP
Origin
The Indian Parliamentary Group is an autonomous body formed in the year 1949 in
pursuance of a Motion adoptedby the Constituent Assembly (Legislative) on 16 August,
1948.
Membership
Membership of the Indian Parliamentary Group is open to all Members of Parliament and
ex-Members of Parliament. A Member of Parliament can become a life Member of the
Group on payment of life subscription of Rs. 500/-. Members of Parliament desirous of
joining the Group may send an application together with the life subscription to the
Secretary-General of Lok Sabha (who is ex-officio Secretary-General of the Group),
Parliament House, New Delhi in the prescribed form available in Parliamentary Notice
Offices of Lok Sabha and Rajya Sabha and also in the Conference Branch of the Lok
Sabha Secretariat.
Aims and Objects
The aims and objects of the Indian Parliamentary Group are.—
(i) To promote personal contacts between Members of Parliament.
(ii) To study questions of public importance that are likely to come up before Parliament
and arrange Seminars and discussions and orientation courses and bring out
72
publications for the dissemination of information to the Members of the Indian
Parliamentary Group.
(iii) To arrange lectures on political, defence, economic, social and educational problems
by Members of Parliament and distinguished persons. and
(iv) To arrange visits to foreign countries with a view to develop contacts with Members
of other Parliaments.
Organisation
The management and control of the affairs of the Group are vested in the Executive
Committee consisting of the President, two Vice-Presidents, the Treasurer and 16
Members. The Speaker of Lok Sabha is the ex-officio President of the Group and the
Executive Committee. The Deputy Chairman of Rajya Sabha and the Deputy Speaker of
Lok Sabha are ex-officio Vice-Presidents of the Group. The Treasurer and Members of the
Executive Committee are elected at the Annual General Meeting from amongst the Life
Members of the Group.
Activities
The Group acts as a link between the Parliament of India and the various Parliaments of
the world. This link is maintained through exchange of delegations, goodwill missions,
correspondence, documents etc. with foreign Parliaments. The Indian Parliamentary
Group functions as the (a) National Group of the Inter-Parliamentary Union1, and (b)
Main Branch of the Commonwealth Parliamentary Association* in India. Addresses to
Members of Parliament by the visiting Heads of States and Governments of foreign
countries and talks by eminent persons are arranged under the auspices of the Group.
Seminars and Symposia on Parliamentary subjects of topical interest are organised
periodically at national as well as international level. Members of the Group when visiting
abroad are given letters of introduction to the Secretaries of the National Groups of the
IPU and Secretaries of the CPA Branches. The Indian Missions in the countries of visit
are also suitably informed so as to enable them to get assistance and usual courtesies.
73
As per decision of the Executive Committee of the Indian Parliamentary Group, only
those Members of Parliament who are Members of the Group of at least six months
standing at the time of the composition of the Delegation may be included in the Indian
Parliamentary Delegations to foreign countries.
IPG Newsletter
An uninterrupted flow of information to Members regarding the activities of the Group is

maintained through IPG Newsletter brought out every quarter. It is sent regularly to all
Members of the Group including Associate Members.
Outstanding Parliamentarian Award
An award for Outstanding Parliamentarian was instituted by the Indian Parliamentary

Group in the year 1995. The First and Second awards for the years 1995 and 1996
were conferred on Shri Chandrashekhar and Shri Somnath Chatterjee respectively. The
Third and Fourth awards for the years 1997 and 1998 were conferred on Shri Pranab
Mukherjee and Shri S. Jaipal Reddy respectively. The Fifth, Sixth, Seventh and Eighth
awards for the years 1999, 2000, 001 and 2002 were conferred on Shri L. K. Advani,
Shri Arjun Singh, Shri Jaswant Singh and Dr. Manmohan Singh respectively.
Parliamentary Friendship Groups
To encourage bilateral relations, IPG has decided to constitute Parliamentary Friendship

Groups with other Countries in the Parliament. Each Friendship Group shall consist of at
least twenty two sitting Members of Parliament (15 from Lok Sabha and 7 from Rajya
Sabha) in proportion to the strength of Parties in Lok Sabha and Rajya Sabha. The Aims
and Objectives of the Group are, to maintain political, social and cultural contacts
between the two countries and to assist in having exchanges of information and
experiences on issues relating to Parliamentary activities.
Advantages of Membership of the IPG
74
The main advantage of membership of the Indian Parliamentary Group, insofar as it
functions as the Main Branch of the Commonwealth Parliamentary Association in India,
are as follows.—
(a) Travel facilities and concession. In some countries of the Commonwealth train fares
at reduced rates are available to visiting members of the Association and in some cases,
to their families also.
(b) Introductions and hospitality. Every CPA Branch uses its best endeavours to ensure
that visiting members, especially when carrying letters of introduction from their
Branches, shall be warmly received and shall enjoy parliamentary privileges and other
facilities during their visit.
(c) Preferential Treatment. The Commonwealth Parliamentary Association has arranged

that its members, when visiting a Commonwealth country shall receive preferential
treatment as parliamentarians. A visiting member is granted access to galleries, lobbies,
dining and smoking rooms of the Parliament of the host Branch, so that he may hear
debates and meet fellow members of the Association.
(d) Free supply of periodicals. The Parliamentarian, which is a periodical published by

the Commonwealth Parliamentary Association, London, is supplied free to the members
of the Indian Parliamentary Group on request made in the prescribed form available in
the Conference Branch of Lok Sabha Secretariat.
AMENITIES FOR MEMBERS OF PARLIAMENT
After election to Parliament, the members become entitled to certain amenities. These
amenities are provided to members with a view to enable them to function effectively as
Members of Parliament.
Broadly speaking, the amenities provided to the members relate to salaries and
allowances, travelling facilities, medical facilities, accommodation, telephones, etc.
These are governed by the Salary, Allowances and Pension of Members of Parliament
Act, 1954 and the rules made thereunder.
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Salary and Daily Allowance
With the commencement of Salary, Allowances and Pension of Members of Parliament

(Amendment) Act, 2001, the amount of salary has been increased from rupees four
thousand to rupees twelve thousand per mensem for a period of five years w.e.f. 14
September 2001. Similarly, the amount of daily allowance has been increased from
rupees four hundred to rupees five hundred for each day of residence on duty at a place
where a session of a House of Parliament or a sitting of a Committee thereof is held.
After the expiry of the period of five years, the above amount may be determined by the
Government by introducing an amendment in the above provision.
Provided that no member shall be entitled to the aforesaid allowance unless he signs the
register, maintained for this purpose by the Secretariat of the House of the People or, as
the case may be, Council of States on all the days (except intervening holidays for which
no such signing is required) of the session of the House for which the allowance is
claimed.
A member is also entitled to daily allowance for a period of such residence, not
exceeding three days immediately preceding or succeeding the session of the House
and not exceeding two days preceding or succeeding the sitting of a Committee, or for
the purpose of attending to any other business connected with his/her duties as a
Member of Parliament.
Constituency Allowance
A member is entitled to receive the constituency allowance at the rate of rupees ten
thousand per mensem.
Office Expense Allowance
Every member is entitled to office expense allowance @ Rs. 14,000 per month out of
which Rs. 3,000 is for meeting expenses on stationery items etc.. Rs. 1000 for franking
the letters. and Rs. 10,000 is paid by the Lok Sabha/Rajya Sabha Secretariats direct to
the person(s) as may be engaged by a member for obtaining secretarial assistance.
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Traveling Allowance/Travel Facilities
A member is entitled to the following traveling allowances for the journey performed by
him for attending a session of the House or a sitting of a Committee or for the purpose of
attending to any other business connected with his/her duties as a member from his/her
usual place of residence to the place where the above-mentioned business is transacted
and for return journey from such place to his/her usual place of residence.
(a) If the journey is performed by rail, an amount equal to one first class fare plus one
second class fare irrespective of the class in which the member actually travels.
(b) If the journey is performed by air, an amount equal to one and one-fourth of the air
fares for each such journey.
(c) If the journey or any part thereof cannot be performed by rail or air—
(i) Where the journey or any part thereof is performed by steamer an amount equal to
one and three-fifths of the fare (without diet) for the highest class in the steamer.
(ii) Where the journey or any part thereof is performed by road, a road mileage at the
rate of rupees eight per kilometer.
Provided that where a member performs journey by road in Delhi from and to an
aerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for
each such journey.
A member is entitled to receive road mileage for the journey performed by road between
the places not connected with the superfast/express/mail train. However, the
members belonging to north-eastern States are entitled to road mileage from the usual
place of residence to the nearest airport even if the places connected by super
fast/express/mail train. Similarly a member whose usual place of residence is within the
radius of 300 kms. From Delhi is entitled to receive road mileage for the journey
performed by road even if the place is connected with super fast/express/mail train.
For the purpose of claiming traveling allowance for attending a session of Parliament or
a sitting of a Committee, members are required to travel only after the issue of
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Summons for attending a session or after the issue of notice of meeting for attending the
meeting of a Committee. Besides, a member is also entitled to receive travelling and
daily allowances in respect of a journey performed by him/ her in the course of a tour
outside India, undertaken in the discharge of his/her duties as such member. If, during a
session of the House or a sitting of a Committee thereof, a member absents
himself/herself for less than 15 days for visiting any place in India, he/she is entitled to
receive the following travelling allowance.
(a) If the journey is performed by rail, an amount equal to one first class fare of each
such journey, irrespective of the class in which the member actually travels.
The travelling allowance admissible in respect of such journey is limited to the total
amount of daily allowances which would have been admissible to such member for the
days of absence if he/she had not so remained absent.
(b) If the journey being a journey during a sitting of a committee is performed by air, an
amount equal to one fare by air for each such journey but not more than once for
visiting any place in India.
When a House of Parliament is adjourned for a fixed period during Budget Session, a
member is entitled to receive travelling allowance for every journey performed by air for
visiting any place in India during interval not exceeding seven days between two sittings
of a Departmentally Related Standing Committee. But the total amount of travelling
allowance, excluding air fare, is restricted to the amount of daily allowance which would
have been admissible to him for the days of absence if he had not remained absent.
Every member has been given the facility of 32 air journeys during a year to be availed
of during session/inter-session period with the spouse or any number of companions or
relatives. The spouse/companion of a member may travel alone by air eight time to meet
the member out of the 32 air journeys available to a member in a year. The newly
elected member may also avail of the journey before the publication of Notification by
Election Commission. Any journey performed by the spouse, companions or relatives
shall be added in computing the limit of 32 air journeys. Further, the balance of unused
air journeys shall be carried over to the following year. A member who performs air
journey out of 32 air journeys to his usual place of residence or any place situated within
78
his constituency during session period would be entitled to claim to and fro TA by air
unto the airport nearest thereto and also TA for rail/road journeys, if any, beyond the
airport. A member performing a journey by air out of 32 air journeys to any place other
than the usual place of residence or any place situated within his constituency during
session period would be entitled to only to and fro TA by air only unto the farthest point
traveled by the direct route and also TA for the road mileage at Delhi and at the city of
the said farthest point traveled by air, from and to airport to city at both places. A
member performing a journey by air out of 32 air journeys during inter-session period for
visiting any place in India would be entitled to only to and fro TA by air only unto the
farthest point traveled by the direct route and also TA for the road mileage at Delhi and
the city of the said farthest point traveled by air, from and to airport to city at both places.
Every member who has his ordinary place of residence in the Latah area of the State of
Jammu & Kashmir is entitled to an amount equal to the fare by air for each single
journey by air performed by him from any airport in Latah to the airport in Delhi and back
at any time. In addition to the air travel provided to a member, he is also entitled to an
amount equal to the fare by air for each single journey by air performed by the spouse, if
any, of the member or one person to accompany such member from any airport in Latah
area to the airport in Delhi and back at any time.
Rail Travel Facilities Every member is provided with—
(a) One free non-transferable first class air-conditioned or executive class of any train
pass which entitled him to travel at any time by any railway in India.
(b) One free non-transferable air-conditioned two-tier railway passes for one person to
accompany the member when he travels by rail. the spouse of every member is entitled
to—
(a) One free non-transferable railway pass to travel in first class air conditioned or
executive class in any train, and if traveled by air, an amount equal to the air fare,
from the usual place of residence of a member to Delhi and back once during every
session and twice in Budget Session but not exceeding 8 single journeys in a year. The
spouse can travel from the usual place of residence of the member to Delhi at any time
after the issue of Summons and can return back any day before the commencement of
the next session.
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(b) The spouse is also entitled to travel in first class air conditioned or executive class in
all the trains with the Member from any place in India to any other place in India. A
member having no spouse is entitled to accompany with any other person in lieu of
spouse in any train in first class AC or executive class from any place in India to any
other place in India in addition to the facility available to him in respect of one companion
in AC-II tier. The spouse of the Member is allowed road mileage for the journey or part
thereof performed by road if unaccompanied by the Member. Where during any part of a
year the usual place of residence is inaccessible by rail, steamer or road, due to climatic
conditions and where air service is available, a member is entitled to travel by air to and
from his usual place of residence unto the nearest airport outside his constituency
having rail service.
Steamer Pass
Every member representing the Union Territory of Andaman and NICO bar Islands and
the Union Territory of Lakshadweep Islands is provided with one free non-transferable
pass to travel in the highest class of Steamer (excluding diet charges) to and from any
part of his constituency and any other part of his constituency or the nearest port in the
mainland of India. Such pass is valid for the term of his/her office and on the expiration
of the term. the pass is required to be surrendered to the Lok Sabha Secretariat.
Members representing these Islands can also use the pass before taking their seat in
the House, to utilize the same for the purpose of attending a session of the House for
taking his/her seat therein.
Where a member has not been provided with such a pass he/she will be entitled to
receive an amount equal to one fare (without diet) for the highest class by steamer for
any journey referred to above.
Every such member is entitled to an amount equal to the fare by air from his usual place
of residence to the nearest airport in the mainland of India and back.
Companion or spouse of the member representing the Union Territory of Andaman and
NICO bar Islands or the Union Territory of Lakshadweep is entitled to travel by the
highest class (without diet) by steamer between the Island and mainland of India on the
80
authority of the steamer pass issued to the spouse or companion of the member
accompanying the member.
Every member is entitled to an amount equal to the fare by air, for the spouse, if any, of
the member, or for one person to accompany him/her from the usual place of residence
in the Island to the nearest airport of the mainland of India and back.
Accommodation
In order to meet adequately the needs of members for residential accommodation a

separate pool of residences for members has been established and allotment of
residences to members from this pool is made by the Accommodation Sub-Committee of
the House Committee, Lok Sabha. Arrangements for accommodation are made
according to the criteria laid down by the House Committee.
Each member is entitled to a license -fee free flat or hostel accommodation throughout
his term of office. Where a member is allotted a housing accommodation in the form of a
bungalow at his request, he shall pay full normal license fee, if he is entitled to such
accommodation.
Every member is entitled without payment of charges to the supply of water unto 4000
kill per annum and electricity unto 50,000 units (25,000 units measures on light meter
and 25,000 units on power meter or pooled together) per annum beginning from 1st of
January every year in respect of residence allotted to him in Delhi. The above facilities
are extended to a member residing in a private accommodation in Delhi.
Other facilities enjoyed by members include washing of sofa covers and curtains every
three months. furniture within the monetary ceiling of Rest. 24,000 in respect of durable
furniture and Rest. 6,000 for non-durable furniture. and also 25 per cent remission in the
rents on account of any improvement or addition made to it or any additional service
provided thereto by way of furniture, electrical equipment and other services.
Telephone Facilities
81
No charges shall be payable by a member in respect of the installation and rental of one
telephone installed either at his residence or at his office in Delhi or New Delhi, and no
member shall be liable to make any payment in respect of the first 50,000 local calls
made from the telephone during any year. However, Chairmen of Parliamentary
Committees are exempted from payment of any charges for local calls made from the
telephone installed at their residences in Delhi/New Delhi.
In addition to above, no charges shall be payable by a member in respect of the

installation and rental of one telephone installed either at his usual place of residence, or
a place selected by him being a place— (i) situated within the State which he
represents, or within the State in which he resides in the case of member of the Council
of States other than a member nominated to that House. (ii) situated within the State in
which his constituency is or within the State in which he resides in the case of a member
of the House of the People, other than a member nominated to that House. and (iii)
approved by the Chairman of the Council of States or the Speaker of the House of the
People, as the case may be, in the case of nominated members.
No member shall be liable to make any payment in respect of the first 50,000 local calls
made from that telephone during any year.
Provided that the place selected by the member or approved by the Chairman or the
Speaker, as the case may be, shall be within the area of operation of an existing
telephone exchange.
Every member is also entitled to one additional telephone either at his residence in
Delhi/New Delhi or at his usual place of residence or at the place selected by him within
the State in which his constituency is or in the State in which he resides and 50,000 free
local calls during a year for Internet connectivity purposes.
The trunk call bills of the members may be adjusted within the monetary equivalent of
the ceiling of one lakh fifty thousand local calls per annum as aforesaid.
In addition, 20,000 additional calls are also allowed to the members whose
constituencies are 1000 km. away from Delhi.
82
Further, every member is entitled to one mobile phone of MTNL, New Delhi with
the adjustment of calls from the existing 1,50,000 local calls available to them for 3
telephones.
Excess telephone calls made over and above the pooled total of one lakh fifty thousand
free local calls per annum in respect of the three telephones installed under sub-rule (1),
sub-rule (3) and sub-rule (5) of Rule 4 of the Housing and Telephone Facilities
(Members of Parliament) Rules, 1956 are adjusted against the one lakh fifty thousand
free local calls allowed on the three telephones for the next year.
Medical facilities Under the Central Government Health Scheme as extended to

members, a member and his/her family are entitled to free medical treatment on a
monthly contribution of Rs. 150. Dispensaries for providing treatment mainly to members
exist in the North Avenue, South Avenue, Telegraph Lane, Pandara Road, Dr. Zakir
Hussain Road, Constitution Club and First Aid Post in V.P. House. A First Aid Post in
Parliament House and a Medical Centre in Parliament House Annexes are also
functioning for rendering medical aid to members in cases of emergency or sudden
illness.
Advance for the purchase of conveyance A member is entitled to an advance not

exceeding rupees one lakh or the actual price of the conveyance intended to be
purchased, whichever is less. However, no advance is dmissible when a conveyance
has already been purchased and paid for in full.
Provided further that where such payment has been made in part, the amount of
advance shall be limited to the balance to be paid as certified by the member. Advance
granted together with interest thereon is recoverable from the salary bill of the member
concerned in not more than sixty equal monthly installments, which shall not extend
beyond the ensure of his membership.
Facilities to Members of pre-maturely dissolved Lok Sabha
If a Lok Sabha is dissolved pre-maturely, the members of the dissolved Lok Sabha are
entitled to consume the unutilized telephone calls, electricity units and water units from
the date of dissolution of the Lok Sabha to the constitution of subsequent Lok Sabha.
83
Further, if a member is re-elected in subsequent Lok Sabha, he is entitled to adjust the
excess telephone calls, electricity/water units consumed during the intervening period
from the quota for the first year of the subsequent Lok Sabha.
FACILITIES TO EX-MEMBERS OF PARLIAMENT
Pensioner Benefits
Every person who has served as a member of the Provisional Parliament or either
House of Parliament for any period is entitled to a pension of rupees three thousand per
menses. Provided further that where any person has served for a period exceeding five
years, he shall be paid an additional pension of rupees six hundred per menses for
every year in excess of five years. For the purpose of calculation of years for
determination of additional pension, the period of nine months or more shall be treated
as one complete year.
Free Rail Travel Facility
Under Section 8AA of the MSA Act, an ex-member of Parliament is entitled to travel in
any train in AC-II tier class along with a companion in AC-I class, if travels done, on the
strength of ex-MP Identity Card issued to him by Lok Sabha Secretariat.
Medical Facilities
CGH Scheme is applicable to ex-members of Parliament residing in cities covered by

CGH Scheme on payment of contribution at the same rate as they were paying as
Members of Parliament. This facility is obtained by an ex- MP direct from Director-
General (CGHS), Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi.
Family Pension to Spouse
In case a member dies during his term of office, his spouse/dependent is entitled to a
pension of rupees one thousand and five hundred per mensem for a period of five years
from the date of death of such member.
PARLIAMENTARY COMMITTEES
84
The work done by the Parliament in modern times is not only varied in nature, but
considerable in volume. The time at its disposal is limited. It cannot, therefore, give close
consideration to all the legislative and other matters that come up before it. A good deal
of its business is, therefore, transacted by what are called the Parliamentary
Committees.
Ad hoc and Standing Committees
Parliamentary Committees are of two kinds. Ad hoc Committees and the Standing
Committees. Ad hoc Committees are appointed for a specific purpose and they cease to
exist when they finish the task assigned to them and submit a report. The principal Ad
hoc Committees are the Select and Joint Committees on Bills. Others like the Railway
Convention Committee, the Committees on the Draft Five Year Plans and the Hindi
Equivalents Committee were appointed for specific purposes. Apart from the Ad hoc
Committees, each House of Parliament has Standing Committees like the Business
Advisory Committee, the Committee on Petitions, the Committee of Privileges and the
Rules Committee, etc.
Other Committees
Of special importance is yet another class of Committees which act as Parliament’s

‘Watch Dogs’ over the executive. These are the Committees on Subordinate Legislation,
the Committee on Government Assurances, the Committee on Estimates, the
Committee on Public Accounts and the Committee on Public Undertakings and
Departmentally Related Standing Committees (Discs). The Committee on Estimates, the
Committee on Public Accounts, the Committee on Public Undertakings and Discs play
an important role in exercising a check over governmental expenditure and Policy
formulation.
COMPOSITION AND FUNCTIONS OF THE COMMITTEES
Select and Joint Committees
When a Bill comes up before a House for general discussion, it is open to that House to
refer it to a Select Committee of the House or a Joint Committee of the two Houses. A
85
motion has to be moved and adopted to this effect in the House in which the Bill comes
up for consideration. In case the motion adopted is for reference of the Bill to a Joint
Committee, the decision is conveyed to the other House requesting them to nominate
members of the other House to serve on the Committee. The Select or Joint Committee
considers the Bill clause by clause just as the two Houses do. Amendments can be
moved to various clauses by members of the Committee. The Committee can also take
evidence of associations, public bodies or experts who are interested in the Bill. After the
Bill has thus been considered the Committee submits its report to the House. Members
who do not agree with the majority report may append their minutes of dissent to the
report.
Committee on Estimates
This Committee consists of 30 members who are elected by the Lok Sabha every year
from amongst its members. A Minister is not eligible for election to this Committee. The
term of the Committee is one year. The main function of the Committee on Estimates is
to report what economies, improvements in organization, efficiency, or administrative
reform, consistent with the policy underlying the estimates may be effected and to
suggest alternative policies in order to bring about efficiency and economy in
administration. From time to time the Committee selects such of the estimates pertaining
to a Ministry or a group of Ministries or the statutory and other Government bodies as
may seem fit to the Committee. The Committee also examines matters of special
interest which may arise or come to light in the course of its work or which is specifically
referred to it by the House or the Speaker.
Committee on Public Undertakings
The Committee on Public Undertakings consists of 15 members elected by the Lok

Sabha and 7 members of Raja Sabha are associated with it. A Minister is not eligible for
election to this Committee. The term of the Committee is one year.
The functions of the Committee on Public Undertakings are—(a) to examine the reports
and accounts of Public Undertakings. (b) to examine the reports, if any, of the
86
Comptroller and Auditor General on the Public Undertakings. (c) to examine in the
context of the autonomy and efficiency of the Public Undertakings whether the affairs of
the Public Undertakings are being managed in accordance with sound business
principles and prudent commercial practices. and (d) such other functions vested in the
Committee on Public Accounts and the Committee on Estimates in relation to the Public
Undertakings as are not covered by clauses (a), (b) and (c) above and as may be
allotted to the Committee by the Speaker from time to time. The Committee does not,
however, examine matters of major Government policy and matters of day-to-day
administration of the Undertakings.
Committee on Public Accounts
This Committee consists of 15 members elected by the Lok Sabha and 7 members of
the Raja Sabha are associated with it. A Minister is not eligible for election to this
Committee. The term of the Committee is one year.
The main duty of the Committee is to ascertain whether the money granted by
Parliament has been spent by Government "within the scope of the Demand". The
Appropriation Accounts of the Government of India and the Audit Reports presented by
the Comptroller and Auditor General mainly form the basis for the examination of the
Committee. Cases involving losses, nugatory expenditure and financial irregularities
come in for severe criticism by the Committee. The Committee is not concerned with
questions of policy. It is concerned only with the execution of the policy laid down by
Parliament and its results.
Business Advisory Committee (Lok Sabha)
The Business Advisory Committee of Lok Sabha consists of 15 members including the
Speaker who is the ex-officio Chairman. The members are nominated by the Speaker.
Almost all sections of the House are represented on the Committee as per the
respective strength of parties in the House. The function of the Committee is to
recommend the time that should be allotted for the discussion of such Government
legislative and other business as the Speaker, in consultation with the Leader of the
House, may direct to be referred to the Committee. The Committee, on its own initiative,
may also recommend to the Government to bring forward particular subjects for
87
discussion in the House and recommend allocation of time for such discussions. The
decisions reached by the Committee are always unanimous in character and
representative of the collective view of the House. The Committee generally meets at the
beginning of each Session and thereafter as and when necessary.
Committee on Private Members’ Bills and Resolutions (Lok Sabha)
This Committee consists of 15 members and the Deputy Speaker is its Chairman when
nominated as a member of him Committee. The Committee is nominated by the
Speaker. The functions of the Committee are to allot time to Private Members’ Bills and
Resolutions, to examine Private Members’ Bills seeking to amend the Constitution
before their introduction in Lok Sabha, to examine all Private Members’ Bills after they
are introduced and before they are taken up for consideration in the House and to
classify them according to their nature, urgency and importance into two categories
namely, category A and category B and also to examine such Private Members’ Bills
where the legislative competence of the House is challenged. The Committee, thus,
performs the same function in relation to Private Members’ Bills and Resolutions as the
Business Advisory Committee does in regard to Government Business. The Committee
holds office for a term not exceeding one year.
Rules Committee (Lok Sabha)
The Rules Committee consists of 15 members including the Speaker who is the ex-
officio Chairman of the Committee. The members are nominated by the Speaker. The
Committee considers matters of procedure and conduct of business in the House and
recommends any amendments or additions to the Rules of Procedure and Conduct of
Business in Lok Sabha that are considered necessary.
Committee of Privileges (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. The function is to

examine every question involving breach of privilege of the House or of the members of
any Committee thereof referred to it by the House or by the Speaker. It determines with
88
reference to the facts of each case whether a breach of privilege is involved and makes
suitable recommendations in its report.
Committee on Papers Lay on the Table (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. Its function is to

examine all papers laid on the Table of the House by Ministers (other than those which
fall within the purview of the Committee on Subordinate Legislation or any other
Parliamentary Committee) and to report to the House—(a) whether there has been
compliance of the provisions of the Constitution, Act, rule or regulation under which the
paper has been laid, (b) whether there has been any unreasonable delay in laying the
paper, (c) if there has been such delay, whether a statement explaining the reasons for
delay has been laid on the Table of the House and whether those reasons are
satisfactory, (d) whether both the Hindi and English versions of the paper have been laid
on the Table, (e) whether a statement explaining the reasons for not laying the Hindi
version has been given and whether such reasons are satisfactory, (f) such other
functions in respect of the papers laid on the Table as may be assigned to it by the
Speaker from time to time.
Committee on Petitions (Lok Sabha)
The Committee consists of 15 members nominated by the Speaker. A Minister is not

nominated to this Committee. The function of the Committee is to consider and report on
petitions presented to the House. Besides, it also considers representations from
individuals and associations, etc. on subjects which are not covered by the rules relating
to petitions and gives directions for their disposal.
Committee on Subordinate Legislation (Lok Sabha)
The Committee consists of 15 members nominated by the Speaker. A Minister is not

nominated to this Committee. The Committee scrutinizes and reports to the House
whether the powers to make regulations, rules, and sub-rules, by-laws etc. conferred by
the Constitution or delegated by Parliament are being properly exercised by the
executive within the scope of such delegation.
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Committee on Government Assurances (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. A Minister is not

nominated to this Committee. While replying to questions in the House or during
discussions on Bills, Resolutions, Motions etc., Ministers at times give assurances or
undertakings either to consider a matter or to take action or to furnish the House further
information later. The functions of this Committee are to scrutinize the assurances,
promises, undertakings etc. given by Ministers from time to time and to report to Lok
Sabha on the extent to which such assurances etc. have been implemented and to see
whether such implementation has taken place within the minimum time necessary for the
purpose.
Committee on Absence of Members from the Sittings of the House (Lok

Sabha)
The Committee consists of 15 members who hold office for one year. The members are
nominated by the Speaker. This Committee considers all applications from members for
leave of absence from the sittings of the House and examines every case where a
member has been absent for a period of 60 days or more, without permission, from the
sittings of the House. In its report it makes recommendations with respect to each case
as to whether the absence should be condoned or leave applied granted or whether the
circumstances of the case justify that the House should declare the seat of the member
vacant.
Joint Committee on Offices of Profit
This Committee consists of 15 members. Ten members are elected from Lok Sabha and
five from Raja Sabha. The Committee is constituted for the duration of each Lok Sabha.
The main functions of the Committee are to examine the composition and character of
the Committees appointed by the Central and State Governments and to recommend
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what offices should disqualify and what offices should not disqualify a person for being
chosen as, and for being, a member of either House of Parliament under article 102 of
the Constitution.
Committee on the Welfare of Scheduled Castes and Scheduled Tribes
The Committee on the Welfare of Scheduled Castes and Scheduled Tribes consists of
20 members elected by the Lok Sabha and 10 members of Raja Sabha are associated
with it. The term of the Committee is one year. A Minister is not eligible for election to
this Committee. The main functions of the Committee are to consider all matters
concerning the welfare of the Scheduled Castes and Scheduled Tribes, falling within the
purview of the Union Government and the Union Territories, to consider the reports
submitted by the National Commission for Scheduled Castes and Scheduled Tribes and
to examine the measures taken by the Union Government to secure due representation
of the Scheduled Castes and Scheduled Tribes in services and posts under its control.
Railway Convention Committee
The Railway Convention Committee is an ad-hoc Committee. It consists of 18 members.

Out of these, 12 members are from Lok Sabha nominated by the Speaker and 6
members are from Rajya Sabha nominated by the Chairman. By convention the Minister
of Finance and the Minister of Railways are members of the Committee. Besides this,
Ministers of State in the Ministry of Finance and Ministry of Railways respectively are
also its members.
The main function of the Committee is to review the Rate of Dividend payable by the
Railways undertaking to General Revenues as well as other ancillary matters in
connection with the Railway Finance vis-à-vis the General Finance and make
recommendations thereon. The Railway Convention Committee, 1949 was the first
Committee after independence. This Committee and subsequent Committees confined
themselves to determining the rate of dividend payable by Railways to General
Revenues. Since 1971 the Railway Convention Committees have been taking up
subjects for examination and report which have a bearing on the working of Railways.
Committee on Empowerment of Women
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This Committee came into being on 29th April, 1997, as a consequence of identical
Resolutions adopted by both the Houses of Parliament on the occasion of International
Women’s’ Day on 8th March, 1996. The Committee consists of 30 members, 20
nominated by the Speaker from amongst the members of Lok Sabha and 10 nominated
by the Chairman, Rajya Sabha from amongst the members of the Rajya Sabha. The
term of the Committee is of one year. The Committee has been primarily mandated with
the task of reviewing and monitoring the measures taken by the Union Government in
the direction of securing for women equality, status and dignity in all matters. The
Committee would also suggest necessary correctives for improving the status/condition
of women in respect of matters within the purview of the Union Government. Besides,
another important function of the Committee is to examine the measures taken by the
Union Government for comprehensive education and adequate representation of women
in Legislative bodies/services and other fields. The Committee would also consider the
report of the National Commission for Women. The Committee may also examine such
other matters as may seem fit to them or are specifically referred to them by the Lok
Sabha or the Speaker and the Rajya Sabha or the Chairman, Rajya Sabha.
Departmentally Related Standing Committees
A full-fledged system of 17 Departmentally Related Standing Committees came into

being in April, 1993. These Committees cover under their jurisdiction all the Ministries/
Departments of the Government of India. These Committees are as under.
Name of the Committee
1. Committee on Commerce
2. Committee on Home Affairs
3. Committee on Human Resource Development
4. Committee on Industry
5. Committee on Science & Technology,
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Environment & Forests
6. Committee on Transport, Culture and Tourism
7. Committee on Agriculture
8. Committee on Information Technology
9. Committee on Defense
10. Committee on Energy
11. Committee on External Affairs
12. Committee on Finance
13. Committee on Food, Civil Supplies and Public Distribution
14. Committee on Labor and Welfare
15. Committee on Petroleum & Chemicals
16. Committee on Railways
17. Committee on Urban and Rural Development
Out of the 17 Committees, 6 Committees (Sl. No. 1 to 6) are serviced by the Rajya
Sabha Secretariat and 11 Committees (Sl. No. 7 to 17) by the Lok Sabha Secretariat.
Each of these Standing Committees consists of not more than 45 members—30 to be

nominated by the Speaker from amongst the members of Lok Sabha and 15 to be
nominated by the Chairman, Rajya Sabha from amongst the members of Rajya Sabha.
A Minister is not eligible to be nominated to these Committees.
The term of members of these Committees is one year. With reference to the
Ministries/Departments under their purview, the functions of these committees are.
(a) Consideration of Demands for Grants.
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(b) Examination of Bills referred to by the Chairman, Rajya Sabha or the Speaker, Lok
Sabha as the case may be.
(c) Consideration of Annual Reports.
(d) Consideration of national basic long term policy documents presented to the House
and referred to the Committee by the Chairman, Rajya Sabha or the Speaker, Lok
Sabha, as the case may be. These Committees do not consider matters of day-to-day
administration of the concerned Ministries/Departments.
The newly constituted departmentally related Standing Committee System is a path-

breaking endeavor of the Parliamentary surveillance over administration. With the
emphasis of their functioning to concentrate on long-term plans, policies and the
philosophies guiding the working of the Executive, these Committees will be in a very
privileged position to provide necessary direction, guidance and inputs for broad policy
formulations and in achievement of the long-term national perspective by the Executive.
PARLIAMENT LIBRARY AND REFERENCE, RESEARCH, DOCUMENTATION

AND INFORMATION SERVICE (LARRDIS)
Introduction
To keep members of Parliament well-informed of the day-to-day developments in India

and abroad, Parliament Library and Reference, Research, Documentation and
Information Service (LARRDIS), maintains an up-to-date and well-equipped Library
backed by prompt and efficient research and reference services. The LARRDIS provides
research and reference material on legislative measures, as well as on a variety of other
subjects coming up before the two Houses—Lok Sabha and Rajya Sabha, so as to
enable members to participate effectively in the debates of their respective Houses.
Library Service
The Parliament Library is now housed in the new Parliament Library Building—
Sansadiya Gyanpeeth, which was inaugurated, on 7 May 2002, by the then President of
India Shri K.R. Narayanan. The new Library building located in the Parliament House
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Complex is a modular, ideal, intelligent, utilitarian and centrally air-conditioned building.
It is fully computerized and has optic fiber based Local Area Network (LAN) with high
speed Wide Area Network (WAN) connectivity to provide linkage with other State
Legislatures, Foreign Parliaments and other international organizations. Apart from the
Library, Reference, Research and Computer Divisions, the Bureau of Parliamentary
Studies and Training (BPST) and the Parliamentary Museum and Archives (PMA) are
also located in this building. The building has very spacious Reading Room for members
equipped with modern facilities and Lecture Halls. A full-fledged Conservation
Laboratory/workshop for restoring old and rare documents, a Bindery Unit, an Archival
Room with temperature below freezing point round the clock to preserve audio/video
materials, computer tapes, microfilm rolls, etc., a Media Centre equipped with the latest
telecommunication facilities, an Audio-Visual Unit, Microfilm Reader Room, an
Auditorium with a sitting capacity of around 1,100 persons, a small auditorium with
facilities for multi-media presentations, a Library Committee Room and Conference
Room are some of the facilities provided in the new Parliament Library Building. The
Members’ Reference cum Circulation Counter has been set up at the Ground Floor of
the Building. Books, periodicals and newspapers, reports of Central, State and Foreign
Governments, Debates of Lok Sabha and Rajya Sabha, Bills, Acts, Reports of
Parliamentary Committees Statements laid on the Tables of the two Houses, Law
reports, publications of the United Nations and its allied agencies, publications from
foreign countries and various other publications of reference value are available for
reference and use of the members at this counter. Reference books on a wide range of
subjects, arranged according to the Dewey Decimal System of classification are stacked
in the first floor. A monthly Parliament Library Bulletin is brought out to keep members
informed of the latest additions of books and reports in the Parliament Library. Issue of
books and other publications to members is regulated by the Library Rules which have
been framed on the recommendations of the Library Committee. The Library Committee
is constituted every year by the Speaker of Lok Sabha to advise him on matters
concerning the Library. The Committee consists of six members from Lok Sabha
including the Deputy Speaker and three members from Rajya Sabha, who are
nominated by the Presiding Officers of the respective Houses. The Deputy Speaker of
the Lok Sabha is the ex-officio Chairman of the Committee. A Sub-committee of the
Library Committee consisting of 3 members from Lok Sabha and 2 members from Rajya
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Sabha who are members of the Library Committee is constituted by the Chairman to
select new books for addition in the Parliament Library.
The Library management functions like acquisition, processing and issue and return of
books have been computerized by using the software package LIBSYS. Members can
have access to the bibliographical details through the PCs at the Members’ Reference
Counter/ Books Circulation Counter or in the Members’ Reading Room.
Members’ Reference Service
The Members’ Reference Service organizes the dissemination of factual, objective and
latest information to the members of Parliament within the time stipulated by them. The
facilities provided by the Members’ Reference Service fall broadly under the following
categories
(i) Supply of on-the-spot information to members from published documents
(ii) Collection and dissemination of latest information, factual data, statistics, etc.
(iii) Preparation of reference notes on important topics
(iv) Preparation of bibliographies on important Bills
(v) Preparation of Background Notes, Information Bulletins, Fact Sheets and Information
Folders on topical issues for use of the members
(vi) Maintenance of Study Boxes on topical issues in anticipation of the information

needs of the members
(vii) Updating and printing of various regular publications from time to time
The scope of material to be collected in response to members’ reference requisitions is

normally limited to subjects connected with the immediate business before the two
Houses of Parliament. Members are required to hand over the written requisitions at the
Members’ Assistance Desks located inside the Members’ Reading Room in Parliament
Library Building, indicating clearly and precisely the specific points on which information
96
is desired by them. They also have the option to convey their requirements over the
telephone or direct to the officers in the Reference Wing.
The information required by members is culled out from authentic sources, arranged and
edited in the form of notes or tables, as the case may be, and passed on to the members
concerned.
The popularity and usefulness of Members’ Reference Service can be gauged from the
marked increase in the number of reference requisitions received and handled during
the past few years. As against 150 references handled in 1950. 425 references in 1960,
700 in 1970, 3627 in 1980, 5167 in 1990, 6508 in 2000 and 5061 during 2003 were
received and attended to both during session as well as inter-session periods.
The Members’ Reference Service caters to the information needs of members both in
English and Hindi as per their choice.
One officer is available at each of the Members’ Information Desks, to attend to the
information requirements of members’ on-the-spot and to assist them in filling up the
reference requisitions. In order to assist members in the study of literature relevant to
Bills or other topics of discussion before the House, Study Boxes are also maintained in
the Library during session period and members are apprised of the same through
Bulletins. All books, reports and other documents relevant to a Bill or any other topic
coming up before the Houses are collected and placed together in these Study Boxes so
as to make the same available to members at one place. The literature placed in the
Study Boxes is not issued out during the period of the discussion on the relevant Bill or
topic, but is made available for study and consultation in the Library only.
The following publications of reference value are compiled, updated and revised from
time to time.
(1) President’s Rule in the States and Union Territories.
(2) Council of Ministers since 1947.
(3) Parliament of India. A Souvenir (it is brought out at the end of the term of each Lok
Sabha).
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(4) Presidential Ordinances since 1950.
(5) India. Some Facts.
Computer Centre
A Computer-based information system named PARLIS (Parliament Library Information

System) was set up in December 1985 for the purpose of introducing automation in the
Parliament Library. In keeping with the need for further computerization of various
services of Lok Sabha Secretariat, action was initiated in December 1991 to automate
the various activities of the Secretariat, viz. Verbatim Reporting of Parliamentary
Debates, Questions, Committees, Members’ Services, Pay & Accounts, Administration,
Recruitment, Reception Office, Security Services and LARRDIS. Almost all the activities
of the Secretariat have since been automated. Three Computer Centers—one each in
Parliament House, Parliament Library Building (PLB) and Parliament House Annexes
(PHA)—have been set up to provide necessary hardware and software support to
various Branches of the Secretariat. A ‘Committee of Officers of Lok Sabha
Secretariat on Computerization’ reviews the computer hardware requirements of
various Branches/Offices of the Secretariat. A large number of index-based databases of
information generated within the Parliament were initially developed by the PARLIS to
make available non-partisan, objective and reliable information and authoritative data on
a continuous and regular basis to the parliamentarians. However, full text of Answers to
Parliamentary Questions received from Govt. of India and verbatim Reporting of the
proceedings of the House were also placed on the Parliament of India homepage. The
data currently available for on-line retrieval relate to.—
• Parliamentary Questions (Full texts of Questions and Answers since February 2000.
indexes from 1985 to
2000 are also available)
• Parliamentary Proceedings other than Questions (Full text of Floor Version since the
Winter Session of 1993. Indexes from 1985 to 1993 are also available)
• Government and Private Members’ Bills from 1985 onwards (only indexes).
98
• Directions, Decisions and Observations from the Chair, from 1952 onwards.
• President’s Rule in the States and Union Territories, from 1951.
• Members of Council of Ministers from 1947 onwards.
• Obituary References made in the Houses since Provisional Parliament.
• Library Management Functions such as Acquisition, Processing and Issue and Return
of books have also been computerized using the software package named "LIBSYS". A
web-based Library catalogue can also be accessed through Internet.
• Documentation Service (from 1989 onwards). (Important articles published in books,

reports, periodicals and newspapers are indexed and annotated and can be accessed
through Internet).
Information available on Internet/Parliament of India Homepage
The Indian Parliament Home Page was inaugurated by the President of India on 15
March, 1996. The information available on the PARLIS database has been converted
into a Web enabled environment. The major components of the parliamentary
information, now available on the Internet are.—
I. Business of the House (Lok Sabha)* • List of Business, • Bulletin Part-I, • Bulletin
Part-II, • Synopsis of Debates, • Daily Debates, • Wit and Humor, poetry and couplets, •
Questions/Answers (February 2000 onwards), • Debates (Proceedings) (July 1991
onwards) • Resume of Work, • Legislative Business.
II. Members of Parliament (Lok Sabha)* • Bio-data of members of the present House, •
Information about members of previous Lok Sabha, • Members’ homepages which
contains information about Members’ Biodata, with addresses and telephone Nos., •
Parliamentary Questions asked by him/her, • His/her participation in the proceedings of
the House, • Funds sanctioned for expenditure, • Incurred by him/her under various
schemes such as MPLADS, etc., • Statistical Information about members, • E-Mail
addresses of members of present Lok Sabha, • Addresses & telephone Nos. and date of
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birth of members of present Lok Sabha, • Hand book for Members, • Members of
Parliament Local Area Development Scheme (MPLADS).
III. Information about Parliamentary Committees and their Reports*
IV. Parliament Library Catalogue.
V. General Information • Introduction to Parliament, • Rules of Procedure and Conduct

of Business in Lok Sabha, • Directions by the Speaker, • Decisions from the Chair, •
Parliamentary Documentation, • Lok Sabha Secretariat—Organization. The floor version
of the text of Debates in bilingual form is available through the Parliament of India web-
page. Members can retrieve the information regarding their participation as well as
discussions held in Lok Sabha and Rajya Sabha on any subject of their interest.
Arrangements have also been made to web-cast. the live audio proceedings of both the
Houses of the Parliament, Constituent Assembly Debates, text of the Constitution of
India, Information about the functioning of the Parliament and the Lok Sabha Secretariat,
facilities provided to the members, important speeches of President of India and texts of
Union Budgets are also available on net. The Homepage also contains the profile of the
Speaker, Lok Sabha, his political and personal achievements, important speeches and
photo gallery, etc. The links to the websites of Government of India and to other
Parliaments have also been provided at the home page. World wide access to this site
can be had at the Internet address. http.//parliamentofindia.nic.in
Computer facilities for members of Parliament
Keeping in view the information requirements of the parliamentarians and to automate

their offices, a Laptop or a Desk top computer with a printer and a scanner has been
provided to them at their residences/work places. A hand held computer has also been
provided to them. Members of Parliament have also been provided Internet and E-mail
connectivity through NICNET so as to provide access to the Parliament database, other
Government database, and database of foreign Legislatures and the vast sources of
other information available on the Internet. Arrangements have also been made to
provide Computer training to Members of Parliament and their Personal Assistants.
Speaker’s Homepage
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Speaker’s Homepage, titled "The Office of the Lok Sabha Speaker" was released by the
Speaker, Lok Sabha on 25 January 2002. The Homepage contains the profile of the
Speaker, Lok Sabha, his political and personal achievements, important
rulings/decisions, and important speeches. Information pertaining to the development of
his constituency, tours undertaken/proposed and photo gallery. Profiles of all the former
Speakers are also available in this section. A link to the Speaker’s Homepage has also
been provided in the Parliament of India Homepage.
Video Conferencing. The Video Conferencing facility has been provided at the offices
and residences of Speaker, Deputy Speaker and Secretary-General, Lok Sabha, and the
Offices of Additional Secretaries and Joint Secretaries and also the Computer Centre,
Parliament Library Building.
Touch Screen Information Kiosks. Twelve Touch Screen Information Kiosks have
been installed at the various vantage points in PH and PHA.
Digital Library. A Digital Library has been set up in the Computer Centre to cater to the
needs of members of Parliament and Officers and Staff of Lok Sabha Secretariat. A
member is entitled to borrow two DVDs/CDs at a time for his own reference and use.
Microfilming Service
Micrographics are an indispensable part of information technology for better

management of Library and Information Services. In order to ensure optimum utilization
of the space in the Parliament Library and for better preservation and future use of
valuable collections of the Library, a Microfilming Unit was set up in 1987 as one of the
important Branches of LARRDIS with the acquisition of latest available models of
microfilming equipments and ancillaries. The Unit is now fully functional and provides
facilities for Computer-Assisted Retrieval (CAR) of information from the microfilmed
documents. At present, microfilms are prepared with the help of three RV–3 and one
MRD-2 Cameras having provision for 16 mm and 35 mm/16 mm width of rolls,
respectively. The RV-3 Camera has the capacity to take nearly 2400 exposures from
standard 16mm rolls. For operation of these Cameras, eight dark cabins have specially
been designed where processing of microfilming is undertaken. All documents are
microfilmed on 16 mm rolls, except those of abnormal size, like Papers Laid on the
101
Table of the House, which are being microfilmed on 35 mm film rolls. The Unit also has
one Processor and one Duplicator for making additional copies of the microfilm rolls. The
original microfilm rolls as well as duplicate rolls which are used with the help of Microfilm
Reader-cum-Printer are kept in the unit. The microfilms of the documents are easily
accessible to members of Parliament and to all those interested therein. During the
period from 1988 to January 2004, as many as 1,316 microfilm rolls have been prepared
and 26, 33,131 exposures of various documents taken by the Microfilming unit.
The following publications have been microfilmed by the Unit so far, for reference by the
members.
1. Indian Legislative Council Debates. 1858 to 1920
2. Central Legislative Assembly Debates. 3.2.1921 to 12.4.1947
3. Constituent Assembly Debates (Legislative). 17.11.1947 to 24.12.1949
4. Constituent Assembly Debates (Draft making). 9.12.1946 to 24.1.1950
5. Constituent Assembly Debates [(Draft making) (Hindi)]. 9.12.1946 to 24.1.1950
6. Parliamentary Debates (Provisional Parliament and House of the People). 28.1.1950

to 13.5.1954
7. Lok Sabha Debates. 14.5.1954 to 20.12.2002
8. Lok Sabha Debates (Hindi). 15.1.1985 to 26.8.1991
9. Council of States Debates. 3.2.1921 to 19.5.1954
10. Rajya Sabha Debates. 23.8.1954 to 18.3.2002
11. Rajya Sabha Debates (Hindi). 15.2.1956 to 5.5.1993
12. Indexes of above mentioned Debates
13. Journal of Parliamentary Information. April 1955 to March 1999
102
14. Reports of Indian Parliamentary Group. 1950 to 1998
15. Reports of Parliamentary Committees.
(i) Public Accounts Committee. 1st Lok Sabha to 10th Lok Sabha
(ii) Estimates Committee. 1st Lok Sabha to 10th Lok Sabha
(iii) Public Undertakings Committee. 3rd Lok Sabha to 10th Lok Sabha
(iv) Committee on Welfare. 4th Lok Sabha to of SCs and STs 10th Lok Sabha
(v) Committee on Subordinate Legislation. 1st Lok Sabha to 10th Lok Sabha
(vi) Committee on Government Assurances. 1st Lok Sabha to 10th Lok Sabha
(vii) Committee on Petitions. 1st Lok Sabha to 10th Lok Sabha
(viii) Railway Convention Committee. 1943 to 1985
(ix) Joint Committee on Salaries and Allowances of MPs. 1954 to 1989
(x) Committee on Papers Laid on the Table. 5th Lok Sabha to 10th Lok Sabha (started
from 5th Lok Sabha)
16. Presiding Officers Conference (Agenda, Proceedings, Resolutions, Minutes). 1921-

1992
17. Papers Laid on the Table of the House (Lok Sabha). LT No. 1/80 to 8640/84
18. Reports of Departmentally Related Standing Committees
(i) Committee on Petroleum & Chemicals. 10th Lok Sabha to 12th Lok Sabha (1st to 8th
report).
19. Constitution of India (calligrapher copy) (English and Hindi)
20. Ohm’s Records.
103
(i) Instructional Orders. No. 1 to 1193
(ii) Annual Administrative Reports. 1960 to 1998
21. Library Records.
(a) Accession Register (purchase) of Acquisition Section, LARRDIS. Unto Acc. No. 1,
36,410
(b) Accession Register (copyright) Unto Acc. of Acquisition Section, LARRDIS. No.
52,080
(c) Bills.
(i) Official Bills introduced in Legislative Assembly. 1921 to 1949
(ii) Government Bills introduced in House of People/Lok Sabha. 1953 to 1992
(iii) Government Bills introduced in Council of States/Rajya Sabha. 1953 to 1993
22. Rare Books. R1 to R1256
23. Decisions from the Chair. 1921 to March 1996
24. Observations from the Chair. 1949 to March 1996
25. Directions by the Speaker. 1st to 4th Edition
26. Parliament of India (Souvenir). 1st to 10th Lok Sabha
27. Private Papers of G.V. Avalanche.
28. Private Papers of N.G. Ranga .
29. Private Papers of Jwala Prasad Jyotishi .
30. Who’s Who Lok Sabha (English) . 1950-1999
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31. Who’s Who Lok Sabha (Hindi) . 1967-1999
32. Who’s Who Rajya Sabha (English) . 1952-2000
33. Rajya Sabha Members Biographical Sketches. 1952-2000
34. Historical Documents
(i) Indian Round Table Conference Proceedings (1930-1932)
(ii) Constituent Assembly of India Constitutional Precedents 1947
(iii) Indian Statutory Commission Memoranda (1930)
(iv) Sardar Patel’s Correspondence
(v) Indian Historical Records Commission—Proceedings
(vi) Partition Proceedings—2 volumes
(vii) Indian Record Series—Fort William—India House Correspondence
Reprography Service
The Reprography Service set up in 1975 caters to the urgent official needs of Members
of Parliament, Officers and Branches of Lok Sabha Secretariat and media persons
accredited to Lok Sabha Press Gallery for photocopying important Press Clippings,
information contained in answers to Parliamentary questions and debates, articles in
periodicals, newspapers and extracts from books and other documents.
The Service also provides facilities for Xeroxing and typing of personal
correspondence/documents of members of Parliament against nominal payment. MPs
and former MPs can get their documents photocopied on payment of Re. 1.00 per copy
and English and Hindi typing work is done at the rate of Rs. 6 per page for single space
and Rs. 5 for double space. Additional copies of the typed documents are charged @Rs.
1/- per page, from the service located in Room No. 45-A in Parliament House. The
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Reprography service located in G-037, Parliament Library Building also provides Xerox
facilities on nominal payment basis.
Documentation Service
Documentation Service, set up in 1975 is mainly responsible for locating, collecting,

classifying and indexing all the useful literature and articles in various documents,
including Newspapers, Books, Reports, Periodicals, Parliamentary Debates etc. that
may be of interest to the members of Parliament. All the titles are suitably annotated and
arranged under a specially devised subject-wise classification scheme. This information
is provided in a fortnightly publication called PARLIAMENTARY DOCUMENTATION
which is placed on Internet since June 1998 and can be retrieved under different
parameters like year, subject and country/state, author, document apart from specific
issues/period. The whole process of Parliamentary Documentation has been made
online since June 2003, to facilitate the instant availability of and up-to-date information
to the members of Parliament, officers and other users. The Printing of Parliamentary
Documentation has been ceased w.e.f. November 2003. Since then a few computer
generated copies are placed in the library for reference by Hon’ble members and other
users. For the years 1975-1998, bound volumes of Parliamentary Documentation
(earlier known as Documentation Fortnightly) are available for consultation in Parliament
Library.
Press Clipping Service
The Press Clipping Service set up in 1956 caters to the information requirements of the
members of Parliament on topical issues. It collects all important, relevant and up-to-
date news items, editorial comments and articles on developments in the legislative,
political, economic, socio-cultural, scientific and technological fields. At present, the
clippings are taken from 18 English and 9 Hindi newspapers published in various parts
of the country. (Besides, Press Clipping Services in various regional languages are
being planned in order to enrich the press clipping collection). The Press clippings are
maintained chronologically in subject folders and stacked in proper sequence according
to the Dewey Decimal Classification scheme. These folders are not issued out and are
consulted in the reading rooms of Parliament Library. Ordinarily, Press clippings are
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retained for two years. However, important clippings of lasting value and interest and
those having a bearing on constitutional, parliamentary and legal subjects are, retained
permanently after scrutiny. In line with the on-going process of computerization of
various activities of Parliament Library, the Press Clipping Service has started feeding
into the computer all important selected English Press Clippings using the imaging
technology system. The computerized Press clippings can be retrieved through
classification number and subject keywords from the Computer terminals installed in the
Press Clipping Section, Members’ Reference Service, Library Counter of Parliament
Library Building, concerned senior officers of LARRDIS and Question Branch in
Parliament House Annexes.
The scope of computerized Press Clipping Service is being widened for prompt
information dissemination.
Research and Information Service
The Service endeavors to keep members informed on a continuing basis about the
current national and international issues in various fields by regular publication (in
English and Hindi) of Books, Brochures, Background Notes, Information Bulletins, Fact
Sheets, Monographs, Current Information Digests, etc. Two Monograph Series known
as the Eminent Parliamentarians Monograph Series and the
Distinguished Parliamentarians Felicitation Monograph Series are also brought out
to commemorate the services rendered by the eminent parliamentarians of the past and
to felicitate the distinguished parliamentarians of today. Profiles of leaders whose
statues and portraits are unveiled in the Parliament Complex are also prepared by the
service.
The Service also brings out the following periodicals.
Periodicals in English
1. The Journal of Parliamentary Information (Quarterly).
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2. Digest of Central Acts (Quarterly).
3. Digest of Legislative and Constitutional Cases (Quarterly).
4. IPG Newsletter (Quarterly).
5. CPA Asia Region News Letter (Quarterly)
Periodicals in Hindi (brought out by the Raj Bhasha Prabhag)
1. Sansadiya Patrika (Quarterly).
2. Kendriya Adhiniyam Sar (Quarterly).
Copies of all these periodicals and other publications brought out from time to time are
supplied to members who specifically ask for them. Copies are also made available in
the Library for other interested members.
The Service also prepares draft speeches/points for Speeches, Briefs, Research Notes,
Resolutions, Explanatory Memoranda, etc. for Indian Parliamentary Delegations
participating in various international Parliamentary Conferences held under the auspices
of the Inter- Parliamentary Union, the Commonwealth Parliamentary Association, the
Association of SAARC Speakers and Parliamentarians, etc. from time to time. Country
Notes are also prepared for the use of members of Parliamentary Delegations going
abroad on goodwill visits. Background Papers on subjects of parliamentary interest are
prepared for the use of members participating in the Seminars and Symposia organized
from time to time by the Indian Parliamentary Group (IPG) and the Bureau of
Parliamentary Studies and Training (BPST). In short, the Research and Information
Service provides the desired information on the subjects/aspects which warrant intensive
and extensive research.
STORY OF PARLIAMENTARY REPORTING
A familiar scene in the two Houses of Parliament is that of quietly dressed persons
heading for the central table at a brisk pace—but with a careful and correct bearing—
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taking their seats, scribbling in their note-books for a while and then making an exit as
quick and unobtrusive as their entry.
But not many people know who these men are and a woman apparently always in hurry
and what is the purpose of these frequent short trips.
They are the Parliamentary Reporters engaged in the momentous task of preparing a
complete and authoritative record of what transpires in the highest deliberative and
legislative body of the country.
REPORTING. A MANDATORY REQUIREMENT
The Rules of Procedure require that the Secretary-General has to arrange for the
preparation of a full report of the proceedings of each sitting of the House. Accordingly,
everything said in Lok Sabha and Rajya Sabha—every question, remark and speech—is
meticulously recorded by the Parliamentary Reporters, who represent the acme of the
shorthand-writing profession. However, certain words or expressions, which are
specifically expunged or ordered not to be recorded by the Speaker or the Presiding
Officer, do not form part of the record.
The entire proceedings of the day’s sitting, comprising a couple of hundred pages, have
to be edited, compiled and made available by the next morning. This remarkable feat is
accomplished to perfection by a combination of professional skill of the highest order
and excellent team-work aided by modern technology.
ORIGIN OF REPORTING
The mode of Parliamentary reporting has undergone various changes before it reached
its present verbatim form. In early days, namely from 1777 to 1835, when the
Legislature functioned as a part of the Executive, the proceedings in the then Council of
the Governor-General of India exclusively dealing with matters of law, were recorded in
the Revenue Department of the East India Company. In 1835 the proceedings
concerning the legislative business began to be recorded separately in the form of
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minutes, which indicated only the title of the legislation considered by the Council.
However, from 1860 the Official Gazette of the Government of India contained brief
references to the legislative business transacted in the Council.
When the proceedings of the then Legislative Council were thrown open to the outsiders
in 1854, a decision was taken to release an authentic report of its proceedings for
publication. It is obvious that the Secretary to the Council, who was charged with the
responsibility for the preparation of the report, would have found it difficult, without the
aid of shorthand-writers, to keep pace with the continuous flow of oratory of Members.
Apart from the abstracts of the proceedings being published, portions of the proceedings
began to appear in direct speech, although in a summarized form from 16 March, 1864.
ENTRY OF REPORTER
The Rule pertaining to the preparation of the proceedings was amended in 1897 to
provide for the preparation of a full report of the proceedings instead of mere abstracts.
The responsibility for the preparation of the report cast on the Secretary till then was
thus transferred to the high speed shorthand-writers or Reporters. Consequently, the
abstracts were discontinued and verbatim reports were issued and also published in the
Gazette. The individual style of Members was then reflected in the proceedings, which
gave a foretaste of the authenticity and vitality of the modern verbatim report. The right
to ask questions, conceded in 1892, added to the liveliness and readability of the
reports. In 1920 as the first bicameral legislature under the Government of India Act of
1919 was in the offing, the question of publication of its proceedings in separate book
form was examined. It was considered that the proceedings of a popular Legislature
would be in greater demand and it was, therefore, decided to publish them in book form
for sale to the public. Simultaneously, it was also decided to change the title from
‘Proceedings’ to ‘Debates’. Today, the Official Report of the House of the People is
issued under the title "Lok Sabha Debates".
THE JOB & ITS REQUIREMENTS
Reporting in the Parliament is a highly specialized knowledge-intensive job carried out

under great pressure, completed within a fixed time-frame and continued for long hours
without a break. The twin tasks of reporting, namely writing shorthand at high speed and
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transcription of shorthand notes, demand the utmost concentration and intellectual effort.
Needless to say, physical stamina, mental alertness and quick reflexes are the essential
attributes of a Reporter’s job, without which he cannot deal with situations like the one
which usually prevails in the House immediately after the end of the Question Hour. A
statistical analysis has revealed that a majority of the Members of the Lok Sabha speak
at speeds ranging between 120 and 150 words per minute. some of them go up to 180
words per minute and a few reach the speed of 180 to 200 words per minute. Reporters
must, therefore, possess a speed of 180-200 words per minute in shorthand along with a
comprehensive grasp of the language and an encyclopedic general knowledge, so that
they can perform their duties with confidence.
REPORTERS AT WORK
Reporters record the proceedings of the House singly in turns of five minutes each. This
cycle continues from the commencement to the adjournment of the House for the day.
Since the floor language is generally either English or Hindi, an English Reporter and a
Hindi Reporter are always on duty in the House for taking down its proceedings.
However, if a Member speaks in a regional language, an English translation of the
speech or observations is incorporated in the Official Report. The Question Hour is one
of the most interesting features of the business conducted by the Parliament, but
recording the proceedings of the Question Hour tests the competence of even the most
experienced Reporter. Questions relate to a wide variety of subjects and their range and
scope have virtually no bounds. Supplementary Questions are asked from different parts
of the House and answers given in quick succession. Reporters have not only to
correctly identify the Members asking the Questions and the Ministers giving the
answers, but also to record every word of what is said, including the often rapidly-
quoted figures, names and unfamiliar technical words. Nevertheless, the Reporters
always rise to the occasion and manage to produce zero error transcripts. After taking
the turn in the House, each Reporter goes through his shorthand notes and, if
considered necessary, checks them with the tape-recorded version so as to ensure a
faithful reproduction of the proceedings. English and Hindi Reporters work in perfect
unison and invariably settle the exact sequence in which their respective portions are to
be dovetailed before they begin the transcription of their shorthand notes.
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COMPILATION OF OFFICIAL REPORT
Until early 1990s the Reporters used to transcribe the proceedings on stencils from
which copies were made through cyclostyling. The Monsoon Session of 1993 was
marked by the installation of computers in the Reporters Branch. Since then the entire
process of transcription and compilation of the proceedings has been fully computerized,
and the proceedings are also placed on the official website of Parliament of India
(http.//parliamentofindia.nic.in) The preparation of the Official Report is a complex
operation demanding both precision and speed. As soon as Reporters complete their
transcription, they pass on the draft print-outs to the Chief Parliamentary Reporter. The
latter, with the assistance of Supervisory Senior Parliamentary Reporters, carefully
scrutinizes the transcripts, checks their continuity, verifies the texts as well as the
disposal of Motions, Clauses and Amendments etc., carries out necessary editing and
corrections and makes sure that every segment of the proceedings is in conformity with
the prescribed forms and procedures. This elaborate exercise in ‘quality control’ is aimed
at making the Official Report absolutely flawless. When all transcripts have been
examined and finally approved, they are amalgamated and page-numbered to form an
unabridged, continuous and factual chronicle of the proceedings of the day’s sitting. This
compilation, together with contents pages, is then dispatched for multi graphing and
distribution. Copies of multi graphed Debates are made available to various Branches of
the Lok Sabha Secretariat as also the concerned Ministries for reference. A few copies
are also placed in the Library for the convenience of the Members. The transcript of
every speech delivered, question asked and interruption made by a Member is sent to
him for confirmation or correction of inaccuracies, if any.
VERBATIM REPORT. AN IMPORTANT DOCUMENT
The Verbatim reports of the proceedings of the Parliament are not a mere narration of
Questions, Adjournment Motions, Bills and Resolutions, etc. As a matter of fact, they are
a rich source of contemporary history. They provide detailed information on all matters
touching the life of a citizen. They bring to light the political, economic and social
conditions of even the remotest parts of the country. Besides, they serve as a mirror of
the hopes and aspirations, concerns and apprehensions of the nation as voiced by its
chosen representatives.
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The verbatim report entitled "Lok Sabha Debates" is issued in two parts. Part I contains
Questions and Answers and Part II contains the rest of the proceedings. The printed
version is available about two months after the date of the sitting. Its copies can be had
from the Sales Section of the Lok Sabha Secretariat or from the authorized agents for
Government publications on payment.
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CHAPTER – 6
CONCLUSION
THEORY OF SEPARATION OF POWER

Concentration of powers leads to loss of individual freedom. Power corrupts and
absolute power corrupts absolutely unless there is check on it. The theory has its root in
Aristotle‟s philosophy which found an elaboration in the writings of Lord Montesquieu in
the 18 th century. Aristotle divided the governmental function into deliberative,
magisterial and judicial although he did not consider any need for separation of
personnel. Jean Bodin sees the importance of separating the executive and judicial
powers. John Locke was one of the eighteenth century philosophers to pay greater
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attention to the problem of concentration of governmental power. He argued that the
executive and legislative powers should be separate for the sake of liberty. Libert y
suffers when the same human being makes the law and executes them. Lord
Montesquieu in his famous work “The spirit of the Laws” (1748) gave the idea of
separation of powers. 2 The Spirit of Laws in French, “De l'esprit des lois” is a thesis on
political theory, the law, sociology, and anthropology first published anonymously by
Charles de Secondat, Baron de Montesquieu with the help of Claudine Guérin de
Tencin. 3 Montesquieu‟s theory was refined and developed by Blackstone and Madison.
Montesquieu quoted in his book that, “When the legislative and executive powers are
united in the same person, or in the same body of magistrates, there can be no liberty. . .
. Again, there is no liberty, if the judiciary power be not separated from the legislative
and executive. Were it joined with the legislative, the life and liberty of the subject would
be exposed to arbitrary control. for the judge would then be the legislator. Were it joined
to the executive power, the judge might behave with violence and oppression. There
would be an end to everything, where the same man, or the same body, whether of the
nobles or of the people, to exercise those three powers, that of enacting laws, that of
executing the public resolutions, and of trying the causes of individuals.”
Biswa Ranjan Mohapatra etal, Foundations of Politics & Govern ment, Orissa State
Bureau of Textbook Preparation and Production. Reprinted, First edition 2003
WHAT MADE LORD MONTESQUIEU TO GO FOR IT…?

Before going further let‟s see what made Lord Montesquieu to go for this novel idea.
During his days the Bouborne monarch in France had established despotism and the
people enjoyed no freedom. The monarch was the chief law giver, executor and
adjudicator. The statement by Louis XIV that „I am the State‟ clearly outlined the
character and nature of monarchial authority. Lord Montesquieu, a great advocate of
human dignity, developed this theory as the weapon to uphold the liberty of the people.
He believed that the application of this theory would prevent the overgrowth of a
particular organ which spells danger for political liberty. 5 MODELS There are two
models of the separation of power theory. The first one is the Water tight model. This
model says that there should be three branches of government and they should be free
in their own sphere. But it is as one of the writers rightly said, theoretically absurdity and
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practically impossibility. Then comes the Check and balance model. The main objective
of the latter model is to check the exercise of power, maintain balance of power and the
last but not the least to restore the power, if it is abused. Unity of power is just the anti
thesis of political liberty. So, there is the need for the separation of power. Moderate
government is a free government. Thus separation of power is a check against royal
despotism and legislative despotism. The crux of the problem of modern government is
to find a synthesis combining the answer to two needs, the need for the welfare of the
State and the need for the freedom of the people. The welfare State assumes
concentration of power on the executive level and consequently supremacy of the
executive over the legislative branch.
EXECUTIVE
Our main concern is not only to study the separation of powers as a whole but to go to
the micro level of it (only Executive). The executive is the primary and prominent organ
of the government in terms of its importance. Executive has been the manifestation of
government. It has been performing its functions of executing the laws made by the
legislature and also implementing the policies of the state. The efficiency of the
government depends on the effective implementation of its policies by the executive. It is
the pivot round which actual administration of the state resolves and includes all officials
engaged in administration. However it is customary to use the term executive in its
narrow sense which refers only to the chief executive head of the state and his advisors
and ministers.
A GLANCE OVER THE PAST

Before independence, the functions of the head of the State in India were performed by
the Governor General, who represented the Crown and ruled in the name of His/Her
Majesty. The Government of India Act, 1935 also laid down that the executive authority
of the centre would vest in the Governor-General. 7 But after independence, the
question arises in this rapidly moving world of the mid twentieth century, to whom the
leadership task is to be given? What type of executive would be stable, strong, effective
and quick, yet withal, democratic? becomes the moot question, because the aim was to
build a new India overnight and create a new unity by breaking down the old loyalties
that had fragmented and compartmentalized Indian life….the Indian Constitution. 8 The
Constituent Assembly looked for 3 models viz. the American Presidential system, the
Swiss elected executive and British cabinet government and came up with the Advanced
Presidential model un/consciously. The whole idea was to provide „a sort of Privy
Council whose advise shall be available to the resident whenever he chooses to obtain it
in all matters of national importance in which he is required to act in his discretion‟ 9
Article 74(1) of our 1950 Constitution had provided that “there shall be a Council of
Ministers with the Prime Minister at the head to aid and advice the President in the
exercise of his functions.” In the context of the Hindu Code Bill, President Rajendra
Prasad contended that he could withhold assent from Bills that did not meet with his
approval. But Attorney General Motilal Setalvad advised Prime Minister Jawaharlal
Nehru that “by Article 74(1) the President is required to Act in all matters with the aid and
advice of his Council of Ministers.” India‟s first President shook his head and grumbled
(as he gave in) saying. “this is not the way we framed the Constitution”. But 25 years
later, during the Internal Emergency of June 1975, the language of Article 74(1) was
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altered and made even more absolute. There was a debate on whether the President
should act in
accordance with the advice of the Council of ministers. The Supreme Court and Pt.
Nehru were in support. On the other hand those who opposed were, Dr. Rajendra
Prasad, K.N.Munshi, P.B.Mukherjee J. of Calcutta High Court and K. Subha Rao CJ. But
finally in 1976, it was decided that the President has to act in accordance with the aid
and advice of the Council of Ministers. The Constitution 42nd
Amendment Act, 1976 provided that “there shall be a Council of Ministers with the Prime
Minister at the head to aid and advise the President who shall, in the exercise of his
functions, act in accordance with such advice.” That‟s how the rubber stamp-theory
gained currency. But then, in the euphoric post-Emergency period when the Janata
Government was in power, Parliament inserted a proviso to Article 74(1) which read.
“provided that the President may require the Council of Ministers to reconsider such
advice, either generally or otherwise and the President shall act in accordance with the
advice tendered after such reconsideration”. This proviso has given the President of
India more elbowroom to intervene in affairs of State — the power which the British
Monarch, a Constitutional head of State, also exercises, and that is the power to caution
and to warn.
The Constitution of India 1950 as it now stands (post 1978) no longer envisages a mere
cipher or figurehead as President.
PAST CONTROVERSIES
Many times in the past there arise the controversies regarding the president‟s
constitutional position, but each time it ended in confirming the position of the president
is a constitutional head. The first controversies was within a few month of Constitution of
India coming into operation, when President Dr. Rajendra Prasad, expressed the desire
to act solely on his own judgment, independently of the Council of ministers in the
matters of giving assent to the Bill and sending massages to the Parliament, in a note to
Prime Minister Nehru. This view was not a mere desire but it was based on the literal
reading of the Constitution of India. 11 Pt. Nehru consulted Attorney General then Mr.
Setalvad and Ayyar, a member of the Drefting Committee of the Constituent Assembly,
on the relationship of President and Prime Minister. Mr. Setalvad chooses to please Pt.
Nehru and held that President is a big zero. The disagreement raised again in 1960, on
November 28, while laying the foundation stone of the Indian law Institute, President
Prasad said that it was generally believed that like the sovereign of Great Britain, the
President of India was also a Constitutional head and had to act only according to the
advice of the Council of Ministers. The same controversy again arose in 1967 and 1969.
In 1976, the position was quite clear, in the 42nd Amendment of the Constitution. Act.
74(1) was amended so as to state explicitly that the President shall act in accordance
with the advice of the ministers in the exercise of his functions. 12
IS THE PRESIDENT, REALLY A MERE FIGURE HEAD?

The real position of the President of India is clouded with different suspects. Some of the
constitutionalists demanded the president as mere figure head or titular head or rubber
stamp or golden zero. There are many causes to call the President such which are as
follows. The first cause may be that the President is the head of the State, not of the
Government. Secondly India does not have Presidential form of Government. Thirdly,
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British tradition still prevails in our constitution. The last but not the least the president
works on the advice of the Ministery. The President of India does not have the only
power to sign o n the dotted lines but also has the following powers, which clearly shows
the position of the President. First of all these are the powers, which the President
possesses, clearly shows the position of the President of India. (A) NORMAL POWER.
The president is the chief of the union executive. Under Article 53(1), all executive power
of the union is vested on him. The power is exercised either directly or indirectly through
officers subordinated to him. a) Appointment-The laws passed by the Parliament are
executed by him. Appointment of the executives- The President appoints the Prime
minister. The Judges of both the Supreme Court, High Court, and the high officials like
C.A.G., Election Commissioners, Member of U.P.S.C, Governors of different states etc.
are appointed by the President. b) Removal of executives- The President can remove
any minister from the Governors and the Council of ministers of the Parliament, the
judges of the Supreme Court, High Court, Election Commissioners, the members of the
U.P.S.C. c) Determination of the national policy- The executive powers are exercised by
the Council of Ministers headed by the Prime Minister directly but the decisions are
intimated to the President by the Prime Minister. If the President is not satisfied with the
decision of the Council of Ministers then he may return the proposal for the
reconsideration in the Cabinet.
(B) MILITARY POWERThe president is the supreme commander- in chief of the defense
force. It is his duty to refrain the state from foreign aggression. He is authorized to
extend the foreign relationship and to sign the treaties with different Sovereign States.
(C) DIPLOMATIC POWERThe president is the head to maintain foreign relations. The
negotiation of all treaties and agreements are made in the name of the President. He
accredits the ambassadors and envoys to foreign States and accepts the letters of
credence of the foreign diplomatic representatives.
(D) LEGISLATIVE POWERThe president is the constituent part of the parliament and
wields exte nsive legislative power. He has the following legislative powers. Power to
summon the session of the Parliament, 13 Power to prorogue/end the sessions, Sending
message to the Parliament, Power to nominate the members of the Parliament, 14
Power to assent bills. 15 The President has Power to proclaim ordinance.16 Ordinance
is an Act of legislation in the absence of the Legislature promulgated by the President, to
meet the emergency. An ordinance has the same force as an Act of Parliament. Its life
span is 6 months and 6 weeks. If it gets the approval of the Parliament it becomes an
Act. It can be withdrawn by the President.
Article 85 of the Constitution of India Article 80 of the Constitution of India
The President has the power under Article 111, either to give the assent, or to withhold
the assent, or to return the bill to the Parliament for reconsideration and he can also
suggest modifications 16 Art 123 of the Constitution of India
(E) FINANCIAL POWER Introduction of the budget, levy of taxes, power to assent the
financial bills, power to constitute financial commission, presentation of audit report etc.
are some of the financial power of the president. The president has at his disposal the
contingency fund 17 also.
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(F) JUDICIAL POWER. The president enjoys some of the judicial powers which include
power to pardon, reprieve, respite, remit, suspend and commute sentences of convicted
persons. 18 The Supreme Court in Keher Singh v. Union of India, said that, pardoning
power is an act which is done under Constitutional scheme, it further said that, it should
be compared with the American President who acts on his own and not with the crown in
United Kingdom, where it acts on the ministerial advice 19 . The President has also the
power to consult the judges of the Supreme Court. 20 He can exercise this power in
relation to any matter which of public importance or which according to him is of public
importance. This is just to enable the President to seek the opinion regarding the validity
of any act of the Government and the aid or advice tendered to him by them.
(G) CEREMONIAL POWERS. The president attends the Republic day. He receives the
ambassadors and extends the foreign relationship through negotitation. Apart from
normal powers, financial powers, emergency powers, Ceremonial powers and judicial
powers the president enjoys the Discretionary powers also. 21 The authority and status
of the President depends upon the powers he can exercise and the functions he can
perform under and within the express provisions of the Constitution and not by what is
now practiced by the President. We can‟t tell that President is the figure head.
The contingency fund is the fund from which the President can sanction advances to
meet the expenditures of the unseen future Secondly, the position of the President is
clearly reflected from the oath and affirmation by the President. Every president and
every person acting as President or discharging the functions of the President shall,
before entering upon his office, make and subscribe in the presence of the Chief Justice
of India or, in his absence, the senior most of the Supreme Court available, say, “I,
[name], do swear in the name of God (or solemnly affirm) that I will faithfully execute the
office of President (or discharge the functions of the President) of the Republic of India,
and will to the best of my ability preserve, protect and defend the Constitution and the
law, and that I will devote myself to the service and well-being of the people of Republic
of India.” The words “preserve, protect and defend the Constitution and the law” stated in
the oath clearly define the position of the President. The preserver, protector and
defender the Constitution cannot be a mere figure head. Further it is stated that “I will
devote myself to the service and well-being of the people of Republic of India”. But how
can a person, who is dependent upon the Council of Ministers can devote himself?
Thirdly, according to Article 53 (1) of the Constitution of India, the executive power of the
Union shall be vested in the President and shall be exercised by him either directly or
through officers subordinates to him in accordance with this Constitution. In other words,
the President can exercise his functions directly without the advice of the council of
ministers or others, which is otherwise known as the discretionary powe r. The President
can appoint any one as Prime Minister and he can dissolve the Lok Sabha without the
suggestion of the Prime Minister 22 in the following four cases viz.
a) When the Prime-minister loses his majority in the house,

b) When he is unable to prove his majority,
c) When the vote of no-confidence is passed against him,
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d) When he is not facing the Parliament, but the Parliament has a proof that the ruling
party has no majority in the house. 23
The act cannot be questioned in any Court on any ground”. 24 It makes clear that, even
the advice in performing functions is unconstitutional, then it is not binding on the
President. Therefore it is clear that the President is independent in performing his
functions. Further going ahead according to the constitution the cabinet will hold office
only “during the pleasure of the office” Moreover, the court also Dinesh Chandra v.
Choudhari Charan Singh 25 , held that, to argue pleasure could be interpreted in
Art.75(2) to mean the President can dismiss any minister at any time, at his will. Further,
the Supreme Court in S.P.Anand v. H.D.Devegowda, held that, it could then be said that,
since ministers also include Prime- minister, the President can dismiss Prime- minister at
his will. So, the President can‟t be called as a mere head. Fourthly, the president is
empowered to declare e mergency, which is very important and unique in nature. During
the debates in the Constituent Assembly, Dr. Ambedkar argued on 4th November, 1948,
in normal times it is framed to work as a federal system. But in times of war it is so
designed as to make its work, as though it was a unitary system. Part XVIII of the
Constitution defines the emergency power of the Indian President. He can declare
emergency in the following 3 conditions. According to Article 352, emergency can be
declared due to war, external. aggression or armed rebellion. Article 356 states on the
account of the failure of the constitutional machinery in a state, the President can issue a
proclamation of emergency and according to Article 360, on the account of a treat to
financial stability or credit of India and any other part thereof, emergency can be
declared. In Article 356, it is clearly stated that if the President is “satisfied” that a
situation has arisen in which the Government of the state cannot be carried on in
accordance with the provisions of the Constitution, he can proclaim emergency. In the
case of Sardarilal vs. Union of India case the court said that it is the satisfaction of the
President. But in Samsersingh vs. State of Bihar, Iyer J. said personal satisfaction of the
Council of India and declared we adopted a British model. But it is not the correct
proportion of law. In Britian the King is the hereditary head but the President of India is
an elected head. Fifthly, as per Article 74 the aid and advice is limited only to the
exercise of functions by the President. “Powe r” means the ability to affect others and
“function” means the things to be done. Power comes with the discretion. But so far as
the function is concerned there is no such question of discretion. The aid and advice
given by the council can‟t go to the extent to decide the way the President is going to
exercise his powers. He is only bound by the mandates of the Constitution. And no
advice of the Council shall be binding on the President which is unconstitutional. At last
but not the least, the President can only be impeached on one ground i.e. when he acts
unconstitutionally. The Procedure for it is also very difficult. 26 Two third majorities of
both houses of total membership of Parliament are required to impeach him.
Investigation is also conducted. Fourteen days notice is also given to him it is a feature
of Indian Constit ution which is unique in nature. It shows that the President cannot act
unconstitutionally and arbitrary. The question here is if the President has no role to play
then why should he be impeached? If the President is not responsible to preserve
protect and defend the Constitution and his only job is to sign the bill, how come he be
impeached for signing an illegal Bill, which is send by the Parliament?
PRESIDENT VIS-A-VIS PRIMEMINISTER!

It is often said that the Prime Minister is the real and the President is the constitutional
head. Some argues that the Prime Minister is the leader of the majority party in the lower
120
house of the Parliament or leader of the coalition govt. So, he is more powerful than the
President. But it is at the same time true that the President is the representative of both
the house and the State legislatures. So, Constitutionally the President is more powerful
due to his large representative character.
LOOK HERE THE PRESIDENT…POWERFUL!

The President enjoys the power to return a bill unsigned but the constitution limits the
power to send it back only once for reconsideration. If the Parliament sends back the bill
with or without changes, the President has to sign it. However, deliberately or
inadvertently, the constitution does not set a time- limit in which the President is obliged
to approve the bill, so he may withhold assent indefinitely. This has come to be known in
legal and constitutional circles as the "Pocket Veto", and has been used on a number of
occasions against controversial Bills. Former President Giani Zail Singh withheld assent
to a Bill passed by Parliament that gave sweeping powers to the State to intercept mail.
This was considered by the President to be an encroachment on citizens' freedom of
speech and liberty as guaranteed by the Constitution. 27 He was about to dismiss the
government of Mr.Rajiv Gandhi because of the reason that the Primeminister of that
government had failed to give the information to the President. Former President
Venkataraman withheld assent to a Bill passed by the outgoing Parliament that gave
pension benefits to themselves. This was interpreted by the President to be
selfaggrandizement. 28 In 1997 in Utter Pradesh, one of the coalition parties had
withdrawn its support from the government. Then, some other members of Assembly
who were not supporters of the government supported it. The Chief- minister claimed
majority. After some violent incidents the Chief- minister proved the majority. But the
Governor sent a report stating the government of the state cannot be carried on in
accordance with the provisions of the Constitution and requested for application of
Art.356. The Council of ministers also gave advice to the President to dismiss the
government, but the President refused to do so, stating that the government is
constitutionally valid.
Former President K. Narayanan introduced the important practice of explaining to the

nation the thinking that led to the various decisions he took while exercising his
discretionary powers. this has led to openness and transparency in the functioning of the
President. 29
Former President A. P. J. Abdul Kalam sent back a controversial bill regarding enlarging
the scope of the offices of profit, which disqualify a person from being a member of
parliament. 30
The Parliamentary elections, since the nineties, have generally not resulted in a single
party or group of parties having a distinct majority. In such cases, Presidents have used
his discretionary power and invited the Prime Ministerial aspirants to form the
government.
THE PRESIDENT OF INDIA & PRESIDENT OF AMERICA AND THE

CROWN OF ENGLAND. A COMPARISION.
In this chapter we are going to discuss and compare the Indian President‟s status with
President of America and the Crown of England. PRESIDENT OF AMERICA.In America
there is a Presidential form of government. All executive powers are vested in the
President. 31 He is indirectly elected by the people for four years. But he can‟t hold the
121
office for more than eight years. He is free to appoint the secretaries o f different
departments. he can remove them also on his own at any time without consulting any
one. In America there is also the separation of power between executive, legislature and
judiciary. The power is enjoyed in their own spheres with check and balances. The
legislature can bring indirect pressure on the executive through its power to levy taxes,
to make appropriation of governmental expenses, to enact legislations, to investigate
executive works and polices through its committees and the senate‟s power is to
confirm treaties and appointments. But it does not mean that the President has no
powers or has less power. He can withhold his assent from a bill passed by the
legislature. In America the President has no power to dissolve the legislature i.e. the
congress. 32 Constitution of America provides for two years fixed term for it. Before that,
the President cannot dissolve it. So, if the legislature passes a bill and sent for
Presidential assent and if the President returns it back for reconsideration using the veto,
the legislature has a power to pass it by 2/3 majority in both houses and it becomes law.
The President is powerless in this regard. However the judiciary can interfere in it if it is
unconstitutional. The President has also no ordinance making powers. He cannot
perform any legislative functions. The President can only use those powers which are
either conferred by the Constitution or any law. The executive and the legislative powers
are limited in nature. For e.g. the legislature can make laws regarding Foreign affairs,
Security etc. the President cannot exercise powers in relation to these matters. If the
President signs treaties with another country it also requires 2/3 majority of senate in
order make it effective. 33 CROWN IN ENGLAND.The England there is President as
such but the Crown. He is not an elected one. It is a hereditary rotation in nature. The
crown in England is the head of executive. He enjoys privileges which are inherent
powers and powers conferred under any statute made by parliament. But at present he
does not enjoy any inherent power. He has power to appoint all high administrative and
executive officers, Judges, Bishops, officers of army, navy and air force. The crown has
the function to look after the enforcement of all national laws. He conducts Country‟s
foreign relations. it has supreme command over all armed forces. He has power to give
pardons. He has power to conclude treaties without consulting parliament. Hence we
can say that it is the ultimate executive authority and has extensive executive powers.
Each minister is allotted with his function. They are only the one who observes that, laws
are followed or not, they conclude the International treaties. If there is a war the issue of
war is decided by them. The fund granted by the parliament is spent by them only. The
ministers give the advice to the crown. even the power to give the pardons is exercised
by the real minister under the name of the crown. The crown prorogues the session of
British parliament, dissolves the House of Commons, assents the bill.
The appointments are carried out by the cabinet under the name of the crown. All issues
which come before the judicial committee of Privy Council are decided by the crown.
Even it is said that, crown grants the mercy to a person who is convicted for the criminal
act, but the actual job is done by the judicial committee of Privy Council. PRESIDENT
OF INDIA.As in America the President is totally free to exercise his executive powers,
but he can‟t make laws i.e. legislative powe rs are not vested in him. Whereas the
Indian President has the legislative powers, as we have seen under Art.123. he can
issue ordinances when the assembly is not in session. The American President has no
judicial powe rs i.e. he cannot grant pardons, which the Indian President has under
Art.72 provisions as to assent to bills are to some extent similar. In America the
President cannot hold office beyond the period of eight years, but there is no such
122
condition in Indian Constitution. A President can be reelected after second term in India.
The President of America has not given the power to dissolve the congress, but Art.85
(2) (b) of Indian Constitution gives the power to Indian President to dissolve the house of
people. Dr.Ambedkar in this regard says that, “In draft Constitution there is placed at the
head of the Union a functionary who is called President the title of the functionary
reminds one of the President of the United States. But beyond identity of names there is
nothing in common between the form of the government prevalent in America and the
form of government proposed under the Draft Constitution.”34 Many a times it is
interpreted that, the President of India is a titular head and resembles to the Crown in
England. English crown is the executive head of the state and exercises all its powers
through its ministers, in India Art.53(1) says that, President of India is the executive head
of the state and Art.74(1) says that, he performs his functions on the advice of his
council of ministers. So, if we go to the plain reading of the Articles and above
discussions, it can be said that, Indian President is a nominal head of the state like
English Crown. Though Art.53 vests all executive powers in him, Art.74 overrides it. In
fact crown has no powers. The actual powers are in the hands of the council. So, Sir
Henry Maine rightly pointed out, “The king of England reigns but does not rule”. But this
is foreign to our system. The President of India is adorned with more power in
comparison to these two countries.
the Supreme Court held that, the Governor and President are only the formal heads of
the state, and when they require satisfaction, required by the Constitution, it is not their
personal satisfaction but the satisfaction of the council of ministers on whose aid and
advice they exercise powers and functions. Thus, judiciary has consistently held that, the
President in practice has no powers at all. Further in Ram Jawaya Kapur v. state of
Punjab36 , the Supreme court held that, under Art.53 (1) executive powers of the Union
are vested in the President but, under Art.75 there is a council of ministers with Prime-
minister at the head to aid and advice the President in the exercise of his functio ns. The
President has thus been made a formal or constitutional head of the executive and real
executive powers are vested in the council of ministers National Democratic Alliance-
backed presidential nominee Bhairon Singh Shekhawat, 83-yearold, whose term as Vice
President ends on August 18, 2008, has said the nation should not have a 'rubber
stamp' President who signs every file without reading it and understanding its
implications. The first women president of India Mrs. P. Patil, has assured that she won‟t
be a merely figure head.
WHAT IS PRACTISED?
Starting from the period of Nehru to that of that Manmohan Singh, always there arises a
question regarding the position of the President. Theoretically we have seen that the
President is not a mere figure head. But we can‟t deny the reality, which is being
practiced now. In the Constituent Assembly, Nehru said the President was not to have
“any real power” but neither was he to be “a mere figure head.” As Prime Minister,
however he made clear he would
brook no opposition from the President. Rajendra Prasad had said as president of the
Constituent Assembly that the Constitution did not “lay down that the president is bound
to accept the advice [of the cabinet].” But as President of India, he did whatever Nehru
advised him to do. 37 He may have done this either due to the charisma of Pt. Nehru,
123
the doyen of the Prime minister of the free world 38 or something else but after him all
the Presidents follow his foot prints. As the President becomes silent there begins an
age of nastiest political era, where the national interest is sacrificed for the narrow
political interest. All the sacrifice of the freedom fighters and the novel ideas of the
Constituent Assembly were put aside. There started the rule unlike British. No change in
the rule and rulers, but in their skin colour….CPI in 1941. In this stage the politicians do
everything and the President has no option but to sign it. In this situation when Mrs. P.
Patil states she will “not be a rubber stamp,” how logical she is, is clearly remarkable.
Prof. T. Devidas, 39 criticized her as “not a rubber stamp” but “the handle of the rubber
stamp.” Now come to the most popular President Mr. Kalam. Is playing with the school
children is only a duty of a President? This is not any one‟s fault but that of our political
system and the election process. How come a scientist, who was confined within a
laboratory can able to take the task of a State. A good person is not only a criterion for
everything. The Constitution requires of the President a certain blend of qualities. He
must be neither a political illiterate nor a political professional who has run the party
engine. He must have a clear understanding of the political process and yet be above its
turmoils. unaffected by the dust and din of the clashes of men and policies. He is an
umpire and umpires are supposed to know the rules of the game, appreciate the state of
the field and have an impartial eye on the play.
The Indian Constitution has given many a provision, which clearly states that the
President of India is not merely a figure head. True the President has not done enough
what he should have done. But I could like to say here that we can‟t comment
something just having a look on the present situation of the country but we have to look
for the provisions of the Constitution. The President, like the King, has not merely been
constitutionally romanticized but actually vested with a pervasive and persuasive role. 41
Indian President lies somewhere between British Crown and American President. K. M.
Munshi42 in his book “The President under the Indian Constitution” has said that the
President is not only the biggest dignitary of our realm but the embodiment of the unity of
our country. The principal role of the president is to prevent a parliamentary government
from becoming a parliamentary anarchy and it is the Presidential authority that keeps the
country and the people bond together. “…for the whole country his authority runs like a
golden thread throughout the Constitution.” -K. M. Munshi
124

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The President of India Theses

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CHAPTER - 1

This was a temporary measure, however, as the continued existence of a shared

Salary & Amenities

The Rashtrapati Bhavan is the officia residence of the President of India.

He/She enjoys the judicial immunity:

National emergency is caused by war, external aggression or armed rebellion in the

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The

State emergency, also known as President's rule, is declared due to breakdown of

A State Emergency can be imposed via the following:

1. By Article 356:-If that state failed to run constitutionally i.e. constitutional

1. A state of National Emergency has been declared in the country or in the

In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding

Removal of the President

A resolution to impeach the President has to be passed by a two-third majority of the

List of Presidents of India

# Name Took office Left office Notes

1967 election page

Election of Indian President

The election is held in accordance to the system of Proportional Representation by

• Presidential elections in India involve proportional representation from respective

(*) Constitution (Application to the Jammu & Kashmir) Order

Value of each vote = 549474/776 = 708

• Total number of electors = MLAs + MPs = 4896

Salary & Amenities

Main article. Rashtrapati Bhavan

The Presidential House, or Rashtrapati Bhavan, is located in Prakash Vir Shastri

He/She enjoys the judicial immunity.

National emergency is caused by war, external aggression or armed rebellion in the

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The

State emergency, also known as President's rule, is declared due to breakdown of

A State Emergency can be imposed via the following.

1. By Article 356.-If that state failed to run constitutionally i.e. constitutional

1. A state of National Emergency has been declared in the country or in the

A state of financial emergency remains in force indefinitely until revoked by the

Important presidential interventions

In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding

Removal of the President

A resolution to impeach the President has to be passed by a two-third majority of the

POWERS OF INDIAN PRESIDENT

Powers and functions

National emergency is caused by war, external aggression or armed rebellion in the

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The

State emergency, also known as President's rule, is declared due to failure of

Constitutional framework and position of Prime Minister

The Constitution envisages a scheme of affairs in which the President of India is

— Article 53(1), Constitution of India

— Article 74(1), Constitution of India

Role of the Prime Minister

The Supreme Court has original, appellate and advisory jurisdiction.

Powers to punish contempt

Landmark Judgements. Judiciary-Executive Confrontations

Land reform (early confrontation)

Other laws deemed unconstitutional by the Supreme Court

• On February 1, 1970, the Supreme Court invalidated the government-sponsored

• The Supreme Court also rejected as unconstitutional a presidential order of

• The Parliament of India passed the 25th amendment, making legislative

• The Parliament of India passed an amendment to the Constitution of India, which

Counter-response from the Supreme Court

Powers of the Lok Sabha

1. A motion of no confidence against the government may be introduced and

Powers of rajya sabha.

Judiciary, in India, too can be seen exercising administrative functions when it

Separation of Powers and Judicial Pronouncements in India

“Power corrupts and absolute Power tends to corrupt absolutely” . by Lord