Unit 2: Organs of Government - Subjective Questions

Meaning: The legislature is the organ of government responsible for making laws. In India, the Union legislature is called Parliament and consists of the President, the Lok Sabha, and the Rajya Sabha.

Importance of the legislature:

• It represents the views, interests, and demands of citizens.
• It makes, amends, and repeals laws according to changing social needs.
• It controls public revenue and approves taxation and government expenditure.
• It keeps the executive accountable through questions, debates, motions, and parliamentary committees.
• It provides a forum for discussing national issues peacefully.
• It helps protect democracy by ensuring that government decisions are subject to public deliberation.

Thus, the legislature is both a law-making institution and an important instrument of representation and accountability.

Composition: The Parliament of India consists of:

• The President of India.
• The Lok Sabha, or House of the People.
• The Rajya Sabha, or Council of States.

Lok Sabha:

• It is the directly elected House of Parliament.
• It represents the people of India.
• It controls the Council of Ministers because the government must enjoy its confidence.
• Money Bills can be introduced only in the Lok Sabha.

Rajya Sabha:

• It represents the states and Union Territories.
• It is a permanent House and is not subject to dissolution.
• It reviews and revises legislation passed by the Lok Sabha.
• It provides continuity and experience in parliamentary deliberations.

Together, both Houses perform legislative, deliberative, financial, electoral, and accountability functions.

Legislative functions: Parliament makes laws on subjects included in the Union List and, under certain circumstances, on subjects in the State List. It can also amend the Constitution according to the prescribed procedure.

Financial functions:

• It imposes and regulates taxation.
• It approves the Union Budget.
• It authorises government expenditure.
• It examines the use of public money through committees such as the Public Accounts Committee.

Deliberative functions: Parliament provides a forum for debates on national and international matters, public policies, and social and economic problems.

Accountability functions: Ministers answer questions, participate in debates, and respond to motions. Parliamentary committees examine the work of departments and help prevent misuse of public authority.

These functions make Parliament central to representative and responsible government.

The Lok Sabha and Rajya Sabha differ in the following ways:

• Representation: The Lok Sabha represents the people directly, whereas the Rajya Sabha represents the states and Union Territories.
• Method of election: Members of the Lok Sabha are directly elected by citizens. Members of the Rajya Sabha are mainly elected by elected members of State Legislative Assemblies.
• Tenure: The Lok Sabha normally has a five-year term but may be dissolved earlier. The Rajya Sabha is a permanent House, with one-third of its members retiring every two years.
• Financial powers: A Money Bill can be introduced only in the Lok Sabha. The Rajya Sabha can make recommendations on such a Bill.
• Executive responsibility: The Council of Ministers is collectively responsible to the Lok Sabha, not to the Rajya Sabha.
• Special role: The Rajya Sabha represents the federal character of the Indian Union and provides continuity in Parliament.

Parliamentary control over the executive means that the government must explain and justify its decisions and actions to the elected legislature.

The main methods are:

• Question Hour: Members ask ministers questions about government policies and administration.
• Zero Hour: Members raise matters of urgent public importance without prior listing in the regular agenda.
• Debates and discussions: Parliament examines policies, administrative decisions, and public problems.
• Adjournment motions: Members may draw attention to an urgent matter involving government responsibility.
• No-confidence motion: The Lok Sabha can test whether the Council of Ministers still enjoys majority support.
• Budgetary control: Parliament approves taxation and expenditure.
• Parliamentary committees: Committees examine bills, public expenditure, and administrative performance in detail.

These mechanisms promote transparency, responsibility, and democratic accountability.

The President is the constitutional head of the Union executive because executive power is formally vested in the office of the President under the Constitution. However, the President generally exercises these powers on the aid and advice of the Council of Ministers headed by the Prime Minister.

The President is called a nominal head because:

• The President is the formal symbol of the Union executive.
• Most executive decisions are taken by the elected Council of Ministers.
• The President acts on ministerial advice in ordinary circumstances.
• The President appoints the Prime Minister and other ministers, but the ministry must be politically responsible to the Lok Sabha.
• The President's powers are exercised within the framework of a parliamentary system.

The term nominal does not mean powerless. The President has constitutional, emergency, legislative, financial, and diplomatic functions, but these are normally exercised according to constitutional conventions and ministerial advice.

Election: The President is elected indirectly by an electoral college consisting of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the states and certain Union Territories. The election uses proportional representation by means of the single transferable vote and secret ballot.

Qualifications: A candidate must:

• Be a citizen of India.
• Have completed thirty-five years of age.
• Be qualified for election as a member of the Lok Sabha.
• Not hold an office of profit under the government, subject to constitutional exceptions.

Tenure:

• The President holds office for five years.
• The President may resign by writing to the Vice-President.
• The President may be re-elected.
• Removal is possible through impeachment for violation of the Constitution.

This arrangement gives the office constitutional dignity while maintaining its indirect and federal character.

Legislative powers:

• The President summons and prorogues Parliament.
• The President may dissolve the Lok Sabha on the advice of the Council of Ministers.
• The President addresses Parliament after general elections and at the beginning of the first session each year.
• The President gives assent to Bills.
• The President may promulgate ordinances when Parliament is not in session and immediate action is necessary.

Executive powers: The President appoints the Prime Minister, other ministers on the Prime Minister's advice, governors, judges of the Supreme Court and High Courts, and several other constitutional authorities.

Financial powers: A Money Bill requires the President's recommendation before introduction. The Union Budget is presented to Parliament in the President's name, and demands for grants require constitutional authorization.

Judicial powers: The President can grant pardons, reprieves, respites, remissions, or commutations in cases covered by the Constitution.

These powers are generally exercised on the advice of the Council of Ministers.

The President can promulgate an ordinance when both Houses of Parliament are not in session and immediate action is considered necessary. An ordinance has the same force as an Act of Parliament, but it is a temporary legislative measure.

Limitations:

• It can be issued only when Parliament is not in session.
• It must be based on the aid and advice of the Council of Ministers.
• It must be laid before both Houses of Parliament when they reassemble.
• It ceases to operate six weeks after Parliament reassembles unless approved earlier.
• It cannot be used to bypass the regular legislative process or to violate constitutional rights.
• The ordinance-making power is subject to judicial review.

The power is intended for urgent situations, not as a substitute for ordinary parliamentary law-making.

When no political party obtains a clear majority in the Lok Sabha, the President has limited discretion in appointing the Prime Minister. The main objective is to identify a person who is most likely to secure the confidence of the House.

The President may:

• Invite the leader of a pre-election alliance with majority support.
• Invite the leader of the single largest party if that leader can demonstrate majority support.
• Invite the leader of a post-election coalition that presents credible evidence of support.
• Ask the appointed Prime Minister to prove majority support on the floor of the Lok Sabha within a specified period.

The President must act impartially and ensure that the question of majority is settled by the elected House rather than by personal preference. The floor test is the accepted constitutional method for determining legislative support.

The Prime Minister is the head of the Council of Ministers and the leader of the government in the parliamentary system of India. The Prime Minister is appointed by the President, generally as the leader of the majority party or coalition in the Lok Sabha.

The Prime Minister is regarded as the real executive head because:

• The Prime Minister leads the Council of Ministers.
• The Prime Minister selects ministers and allocates portfolios.
• The Prime Minister coordinates the work of different ministries.
• The Prime Minister acts as the principal link between the President and the Council of Ministers.
• The Prime Minister determines the broad direction of government policy.
• The Prime Minister represents the government in Parliament and before the nation.
• The government must retain the confidence of the Lok Sabha, and the Prime Minister plays the central role in maintaining that support.

Thus, the President is the formal head, while the Prime Minister exercises effective executive leadership.

Appointment: The President appoints the Prime Minister. In normal circumstances, the leader of the majority party or coalition in the Lok Sabha is appointed. In a hung House, the President appoints the person most likely to obtain majority support.

Tenure: The Prime Minister does not have a fixed personal tenure. The Prime Minister remains in office as long as the Council of Ministers enjoys the confidence of the Lok Sabha. The Prime Minister may resign, or may be required to resign after losing majority support.

Constitutional position:

• The Prime Minister is the head of the Council of Ministers.
• The Prime Minister advises the President on the appointment and dismissal of ministers.
• The Prime Minister communicates decisions of the Council of Ministers to the President.
• The Prime Minister coordinates the administration of the Union government.
• The Prime Minister is usually the leader of the majority in the Lok Sabha.

The office combines constitutional authority with political leadership.

The Prime Minister occupies a central position in the Council of Ministers.

Formation of the ministry: The Prime Minister recommends persons for appointment as ministers. The President formally appoints them on this advice.

Allocation of portfolios: The Prime Minister distributes departments among ministers and may change these allocations when necessary.

Coordination: The Prime Minister coordinates the activities of different ministries and resolves disagreements between ministers.

Leadership: The Prime Minister presides over meetings of the Cabinet, sets the agenda, and guides discussions on major policies.

Appointment and removal: The Prime Minister may advise the President to dismiss a minister or may ask a minister to resign.

Collective responsibility: The Prime Minister ensures that ministers publicly support Cabinet decisions. A minister who cannot accept a decision is normally expected to resign.

Communication with the President: The Prime Minister communicates decisions of the Council of Ministers and supplies information requested by the President.

These functions make the Prime Minister the central coordinating authority within the Union executive.

The relationship between the President and the Prime Minister reflects the distinction between the constitutional head and the real executive.

• The President is the formal head of the Union executive, while the Prime Minister leads the elected government.
• The President appoints the Prime Minister, usually the leader of the majority in the Lok Sabha.
• The President appoints other ministers on the advice of the Prime Minister.
• The Prime Minister communicates decisions of the Council of Ministers to the President.
• The President may seek information about the administration of Union affairs.
• The President generally acts on the aid and advice of the Council of Ministers headed by the Prime Minister.
• In exceptional situations, such as the absence of a clear majority, the President may exercise limited discretion, subject to constitutional principles.

Their relationship combines formal constitutional authority, political accountability, and mutual communication.

Collective responsibility means that the Council of Ministers acts as a team and is jointly responsible to the Lok Sabha for all government decisions.

Its main features are:

• All ministers must support Cabinet decisions publicly.
• The Council of Ministers stands or falls together.
• If the Lok Sabha passes a no-confidence motion, the entire Council of Ministers must resign.
• Ministers are expected to maintain confidentiality regarding Cabinet discussions.
• A minister who disagrees fundamentally with a Cabinet decision may resign.

Importance:

• It maintains unity in government policy.
• It ensures that the executive remains accountable to the elected House.
• It prevents individual ministers from acting as independent centres of authority.
• It strengthens the leadership role of the Prime Minister.
• It links the political executive with parliamentary confidence.

Collective responsibility is essential for stable and responsible parliamentary government.

The President and the Prime Minister occupy different but complementary positions.

• Nature of office: The President is the constitutional head of the Union, while the Prime Minister is the head of the elected government.
• Source of authority: The President derives authority from the Constitution and indirect election. The Prime Minister derives political authority from leadership of the majority in the Lok Sabha.
• Executive role: The President formally exercises executive power, whereas the Prime Minister and Council of Ministers exercise it in practice.
• Parliamentary responsibility: The President is not directly responsible to the Lok Sabha for daily administration. The Council of Ministers headed by the Prime Minister is collectively responsible to the Lok Sabha.
• Decision-making: The President generally acts on ministerial advice. The Prime Minister guides policy, coordinates ministries, and directs government administration.
• Discretion: The President has limited discretion in exceptional constitutional situations, while the Prime Minister has political discretion subject to parliamentary confidence and constitutional limitations.

The parliamentary system therefore combines ceremonial constitutional leadership with responsible political executive authority.

The Prime Minister is the central figure in Cabinet government and national policy-making.

• The Prime Minister identifies major national priorities and guides the policy agenda.
• The Prime Minister presides over Cabinet meetings and facilitates collective decisions.
• The Prime Minister coordinates economic, social, security, foreign, and administrative policies.
• The Prime Minister represents the government in Parliament and explains its policies to the public.
• The Prime Minister manages relations between the Union government, states, political parties, and constitutional authorities.
• The Prime Minister provides leadership during crises and ensures coordination among government departments.
• The Prime Minister must balance personal leadership with Cabinet consultation, parliamentary accountability, coalition considerations, and constitutional limits.

The office is therefore powerful, but its authority depends on parliamentary majority, party support, constitutional norms, judicial review, and democratic accountability.

The President performs several important functions in relation to Parliament and legislation.

• The President summons and prorogues the sessions of Parliament.
• The President may address and send messages to either House.
• The President addresses Parliament after each general election and at the beginning of the first session every year.
• The President gives assent to Bills passed by Parliament.
• The President may return a non-Money Bill for reconsideration. If Parliament passes it again, assent cannot ordinarily be withheld.
• The President gives prior recommendation for the introduction of certain financial Bills.
• The President can promulgate ordinances when Parliament is not in session and immediate action is necessary.
• The President nominates members to the Rajya Sabha from fields such as literature, science, art, and social service, according to constitutional provisions.

These functions connect the President with the legislative process while preserving the parliamentary character of the system.

The Constitution provides the President with emergency powers for exceptional circumstances.

National Emergency: It may be proclaimed when the security of India or a part of it is threatened by war, external aggression, or armed rebellion.

Constitutional emergency in a state: It may be proclaimed when the government of a state cannot be carried on according to the Constitution.

Financial Emergency: It may be proclaimed when the financial stability or credit of India or any part of it is threatened.

Relationship with the Council of Ministers:

• The President does not normally proclaim an emergency solely on personal preference.
• Constitutional advice from the Union Council of Ministers is central to the exercise of emergency powers.
• Parliamentary approval and periodic review are required for continuing certain emergency proclamations.
• Emergency powers are subject to constitutional limitations and judicial scrutiny.

These powers are designed to protect constitutional government but must be exercised carefully to prevent misuse and preserve democratic rights.

The President has formal financial powers that ensure constitutional control over public revenue and expenditure.

• The Union Budget is presented to Parliament in the name of the President.
• Certain financial Bills require the President's prior recommendation before introduction.
• Demands for grants are made in the President's name.
• No money can be withdrawn from the Consolidated Fund of India except through legal authorization.
• The President may make advances from the Contingency Fund of India to meet unforeseen expenditure, subject to later parliamentary approval.
• The President causes financial statements and reports of constitutional authorities to be placed before Parliament.

However, these powers support rather than replace parliamentary control. Parliament debates and approves taxation, grants, and expenditure. The executive must use public money according to parliamentary authorization and remains accountable through financial committees and audit procedures.