Indian Constitution 2 Exam Unit 1 and 2

 

Unit 1: Parliamentary Government

### **1.1 Westminster Model**

The Westminster model is a democratic parliamentary system of governance that originated in the United Kingdom and has been adopted by many countries, including India. It is characterized by the following features:

- **Supremacy of Parliament**: The Parliament is the supreme legislative body, and no other institution can override its decisions.

- **Fusion of Powers**: Unlike the presidential system, where the executive and legislature are separate, the Westminster model combines these branches. The executive (Prime Minister and Council of Ministers) is drawn from the legislature.

- **Role of the Opposition**: The opposition plays a crucial role in holding the government accountable and ensuring a balance of power.

- **Collective Responsibility**: The Council of Ministers is collectively responsible to the legislature. If the government loses the confidence of the House, the entire Council must resign.

In India, the Westminster model was chosen because it suited the diverse and pluralistic nature of the country. It allows for a strong executive while ensuring accountability to the legislature.

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### **1.1 President of India**

The President of India is the ceremonial head of the state and the first citizen of the country. The role and powers of the President are defined in **Articles 52-62** of the Constitution.

#### **1.1.1 Election, Qualifications, Salary, and Impeachment**

- **Election**: The President is elected indirectly by an Electoral College consisting of elected members of both Houses of Parliament and the Legislative Assemblies of the States. The election follows the system of proportional representation by means of a single transferable vote.

- **Qualifications**: To be eligible for the office of President, a person must:

  - Be a citizen of India.

  - Be at least 35 years of age.

  - Be qualified to be a member of the Lok Sabha.

  - Not hold any office of profit under the Government of India or any State.

- **Salary**: The President’s salary is determined by Parliament and is currently ₹5 lakh per month. The salary is charged on the Consolidated Fund of India and cannot be reduced during the President’s term.

- **Impeachment**: The President can be removed from office through impeachment for violation of the Constitution. The process requires:

  - A resolution passed by a two-thirds majority in either House of Parliament.

  - A 14-day notice signed by at least one-fourth of the members of the House.

  - An investigation into the charges by the other House.

#### **1.1.2 Powers of the President**

The President’s powers can be categorized into **legislative**, **executive**, and **discretionary** powers:

- **Legislative Powers**:

  - The President summons and prorogues Parliament and can dissolve the Lok Sabha.

  - The President addresses both Houses of Parliament at the beginning of the first session after each general election and at the commencement of the first session each year.

  - The President can promulgate ordinances when Parliament is not in session (Article 123).

  - The President gives assent to bills passed by Parliament, without which a bill cannot become law.

- **Executive Powers**:

  - The President appoints the Prime Minister, Council of Ministers, Governors, Judges of the Supreme Court and High Courts, and other key officials.

  - The President acts on the advice of the Council of Ministers, but in certain situations, such as the appointment of the Prime Minister in a hung Parliament, the President may exercise discretionary powers.

- **Discretionary Powers**:

  - The President can return a bill for reconsideration (except a Money Bill).

  - The President can seek information from the Prime Minister regarding the administration of the Union.

  - The President can refer any matter to the Supreme Court for an advisory opinion (Article 143).

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### **1.2 Council of Ministers**

The Council of Ministers is the real executive authority in India. It is headed by the Prime Minister and assists the President in the exercise of their functions.

#### **1.2.1 Doctrine of Collective Responsibility**

The doctrine of collective responsibility is a cornerstone of the parliamentary system. It means:

- The Council of Ministers is collectively responsible to the Lok Sabha. If the government loses the confidence of the House, the entire Council must resign.

- All ministers must publicly support the decisions of the Cabinet, even if they privately disagree. If a minister cannot support a decision, they must resign.

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### **1.3 Governor and State Government**

The Governor is the constitutional head of a State and acts as a link between the Centre and the State. The role of the Governor is defined in **Articles 153-162** of the Constitution.

- **Appointment**: The Governor is appointed by the President and holds office during the pleasure of the President.

- **Powers**:

  - The Governor appoints the Chief Minister and Council of Ministers.

  - The Governor can reserve bills passed by the State Legislature for the President’s consideration.

  - The Governor can recommend the imposition of President’s Rule in the State under Article 356.

- **Constitutional Relationship**: The Governor acts on the advice of the Council of Ministers, but in certain situations, such as the appointment of the Chief Minister in a hung Assembly, the Governor may exercise discretionary powers.

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### **1.4 Legislative Process**

The legislative process in India involves the introduction, discussion, and passage of bills in Parliament.

#### **1.4.1 Practice of Law-Making**

- **Types of Bills**:

  - **Ordinary Bills**: These are bills that deal with any matter other than financial subjects. They can be introduced in either House and require a simple majority for passage.

  - **Money Bills**: These deal with financial matters such as taxation and government expenditure. They can only be introduced in the Lok Sabha and require the President’s recommendation.

  - **Constitutional Amendment Bills**: These seek to amend the Constitution and require a special majority in both Houses.

- **Stages of Law-Making**:

  - Introduction of the bill.

  - Discussion and voting in both Houses.

  - Presidential assent.

#### **1.4.2 Legislative Privileges and Fundamental Rights**

- **Legislative Privileges**: Members of Parliament enjoy certain privileges, such as freedom of speech in Parliament and immunity from legal proceedings for anything said or done in Parliament.

- **Conflict with Fundamental Rights**: In cases where legislative privileges conflict with fundamental rights, the judiciary has the power to intervene. The landmark case of **Kesavananda Bharati v. State of Kerala** established the doctrine of the basic structure, which limits Parliament’s power to amend the Constitution.

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### **1.5 Prime Minister and Cabinet System**

The Prime Minister is the head of the government and the most powerful political figure in India.

- **Role of the Prime Minister**:

  - The Prime Minister advises the President on the appointment of ministers and other key officials.

  - The Prime Minister chairs the Cabinet and coordinates the work of different ministries.

- **Collective Responsibility**: The Council of Ministers is collectively responsible to the Lok Sabha.

- **Individual Responsibility**: Each minister is responsible for the administration of their department.

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### **1.6 Coalition Government**

A coalition government is formed when no single party secures a majority in the legislature, and multiple parties come together to form the government. Coalition governments have become common in India since the 1990s.

- **Challenges**:

  - Instability due to differing ideologies and interests of coalition partners.

  - Difficulty in implementing policies due to the need for consensus.

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### **1.8 Anti-Defection Law**

The Anti-Defection Law was introduced through the **52nd Amendment Act, 1985**, to prevent elected members from switching parties after being elected.

- **Provisions**:

  - A member can be disqualified if they voluntarily give up the membership of their party or vote against the party’s directions.

  - Exceptions are made in cases of a split or merger of parties.

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## **Unit 2: Federalism**

### **2.1 Federalism - Principles**

Federalism is a system of government in which power is divided between a central authority and constituent political units (States in India). The key principles of federalism include:

- **Written Constitution**: The Constitution clearly defines the powers of the Centre and the States.

- **Division of Powers**: The Seventh Schedule of the Constitution divides powers into the Union List, State List, and Concurrent List.

- **Independent Judiciary**: The judiciary acts as the guardian of the Constitution and resolves disputes between the Centre and the States.

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### **2.2 Indian Federalism**

Indian federalism is characterized by a strong Centre and flexible distribution of powers.

#### **2.2.1 Legislative Relations**

- The Union List includes subjects of national importance, such as defense and foreign affairs.

- The State List includes subjects of local importance, such as police and public health.

- The Concurrent List includes subjects on which both the Centre and the States can legislate, such as education and marriage.

#### **2.2.2 Administrative Relations**

- The Centre can issue directions to the States on certain matters.

- All-India Services, such as the IAS and IPS, ensure uniformity in administration.

#### **2.2.3 Financial Relations**

- The Centre collects most of the taxes and shares them with the States.

- The introduction of GST has further streamlined financial relations between the Centre and the States.

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### **2.3 Governor’s Role**

The Governor acts as the representative of the Centre in the State and ensures that the State government functions in accordance with the Constitution.

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### **2.4 Centre’s Powers Over States - Emergency**

The Centre has significant powers over the States during emergencies:

- **National Emergency (Article 352)**: Can be proclaimed in case of war, external aggression, or armed rebellion.

- **State Emergency (Article 356)**: Also known as President’s Rule, can be imposed if the State government cannot function in accordance with the Constitution.

- **Financial Emergency (Article 360)**: Can be proclaimed in case of a threat to the financial stability of India.