4.3 Union Executive, Parliament & the Law-Making Process
Key Takeaways
- The President is elected indirectly by an electoral college of elected MPs and elected MLAs through a single transferable vote, holds office for five years, and is the nominal head while the Council of Ministers is the real executive.
- The Lok Sabha has a maximum strength of 550 with 543 seats currently filled by direct election; the Rajya Sabha has a maximum of 245 members, is a permanent body, and one-third of its members retire every two years.
- A Money Bill can be introduced only in the Lok Sabha and only on the President's recommendation; the Rajya Sabha may keep it for a maximum of 14 days and can only recommend changes.
- The Council of Ministers is collectively responsible to the Lok Sabha under Article 75, so a no-confidence motion can be moved only in the Lok Sabha.
- Parliament must meet at least twice a year with no more than six months between sittings, and in practice holds three sessions — Budget, Monsoon and Winter.
Union Executive
The Union (Central) executive of India consists of:
- The President (Article 52) — the constitutional head of the Union; the first citizen of India; elected indirectly by an electoral college of elected MPs and MLAs.
- The Vice-President (Article 63) — ex-officio Chairman of the Rajya Sabha; succeeds the President if the office falls vacant.
- The Prime Minister and the Council of Ministers — the real executive authority. The PM is appointed by the President (Article 75); Ministers hold office during the pleasure of the President but collectively responsible to the Lok Sabha.
Key distinction for the exam: The President is the nominal or constitutional head; the Council of Ministers is the real executive. All executive action of the Union is taken in the name of the President.
The President in Detail
| Aspect | Provision |
|---|---|
| Election | Indirect, by an electoral college of elected members of both Houses of Parliament and the elected members of State (and Delhi and Puducherry) Legislative Assemblies, by proportional representation with a single transferable vote through secret ballot |
| Term | Five years; eligible for re-election any number of times |
| Qualification | Citizen of India, 35 years or above, qualified for election to the Lok Sabha, not holding an office of profit |
| Resignation to | The Vice-President |
| Removal | Impeachment under Article 61 for violation of the Constitution — a special-majority resolution in each House, initiated by either House |
| Vacancy filled within | Six months |
Powers, grouped the way examiners group them:
- Executive — appoints the Prime Minister, other Ministers, the Attorney General, the CAG, Governors, the Chief Justice and judges of the Supreme Court and High Courts, the Chief Election Commissioner and the UPSC Chairman.
- Legislative — summons and prorogues Parliament, dissolves the Lok Sabha, addresses the opening session, nominates 12 members to the Rajya Sabha for distinction in literature, science, art and social service, gives assent to Bills, and promulgates Ordinances under Article 123 when Parliament is not in session.
- Financial — the Union Budget is laid before Parliament on the President's recommendation; a Money Bill needs prior recommendation; the Finance Commission is constituted by the President.
- Judicial — grants pardon, reprieve, respite, remission and commutation under Article 72.
- Emergency — National Emergency (Article 352), President's Rule in a State (Article 356) and Financial Emergency (Article 360).
Vice-President (Article 63): elected by an electoral college of both Houses of Parliament only (State legislatures do not vote, unlike in the presidential election), holds office for five years, and is the ex-officio Chairman of the Rajya Sabha. Minimum age 35; must be qualified for election to the Rajya Sabha.
Prime Minister and Council of Ministers
- The Prime Minister is appointed by the President; other Ministers are appointed on the PM's advice (Article 75).
- Ministers hold office during the pleasure of the President but are collectively responsible to the Lok Sabha — which is why a no-confidence motion lies only in the Lok Sabha.
- A Minister must become a member of either House within six months of appointment.
- The 91st Amendment, 2003 caps the Council of Ministers at 15% of the total strength of the Lok Sabha (and of a State Legislative Assembly, subject to a minimum of 12).
- Ranks: Cabinet Minister, Minister of State, Deputy Minister. Only Cabinet Ministers sit in the Cabinet.
- Article 74 — there shall be a Council of Ministers to aid and advise the President, and that advice is binding (made explicit by the 42nd Amendment); the President may return it once for reconsideration (44th Amendment).
Parliament — Composition and Terms
Parliament of India
Parliament is the Union legislature and consists of the President and two Houses:
| House | Type | Membership |
|---|---|---|
| Lok Sabha (House of the People) | Lower House | 543 elected members (current delimitation) + 2 Anglo-Indian members (nomination now discontinued); directly elected; term normally 5 years |
| Rajya Sabha (Council of States) | Upper House | Maximum 245 members; indirectly elected by state legislatures; permanent body, one-third retires every two years, term 6 years per member |
Legislative Process (Brief)
- A Bill is introduced in either House (a Money Bill must originate in the Lok Sabha).
- The Bill passes through three readings in each House.
- After both Houses pass it, the Bill is sent to the President for assent.
- The President may give assent, withhold it, or return an ordinary Bill (once). After assent, the Bill becomes an Act.
Money Bills: Introduced only in the Lok Sabha; the Rajya Sabha can only recommend changes within 14 days and cannot reject or amend on its own.
Sessions and Parliamentary Devices
Parliament must be summoned so that no more than six months elapse between two sittings, which in practice means at least two sessions a year; three are customary — Budget (February to May), Monsoon (July to August) and Winter (November to December).
| Device | What it is |
|---|---|
| Question Hour | First hour of a sitting, for starred (oral), unstarred (written) and short-notice questions |
| Zero Hour | Immediately after Question Hour; members raise urgent matters without notice — an Indian innovation, not in the rules |
| Adjournment motion | Interrupts business to discuss a definite matter of urgent public importance; involves an element of censure (Lok Sabha only) |
| No-confidence motion | Moved only in the Lok Sabha; if passed, the Council of Ministers must resign |
| Censure motion | May target an individual Minister or policy; does not compel resignation |
| Cut motions | Reduce a demand for grant — Policy Cut, Economy Cut, Token Cut |
| Quorum | One-tenth of the total membership of the House |
| Joint sitting (Article 108) | Resolves deadlock on an ordinary Bill; not available for a Money Bill or a Constitution Amendment Bill |
Presiding officers: the Speaker and Deputy Speaker of the Lok Sabha are elected from among its members; the Speaker certifies whether a Bill is a Money Bill and decides anti-defection questions in the House. The Chairman of the Rajya Sabha is the Vice-President, assisted by an elected Deputy Chairman.
Types of Bill and the Money Bill Rule
| Bill type | Where introduced | Rajya Sabha's power |
|---|---|---|
| Ordinary Bill | Either House | Full power to amend or reject; deadlock resolved by joint sitting |
| Money Bill (Article 110) | Lok Sabha only, on the President's recommendation | May only recommend changes, within 14 days; the Lok Sabha may accept or reject the recommendations, and the Bill is deemed passed either way |
| Financial Bill | Lok Sabha (Category I) | Wider powers than for a Money Bill |
| Constitution Amendment Bill | Either House | Must be passed by each House by special majority; no joint sitting |
A Money Bill deals only with taxation, borrowing, the Consolidated Fund or the Contingency Fund and related matters, and the Speaker's certificate on whether a Bill is a Money Bill is final.
Worked Example
A Bill imposing a new cess on land revenue is introduced in the Rajya Sabha and the Rajya Sabha keeps it for 20 days before returning it with amendments. Identify the errors. Two: a Money Bill cannot be introduced in the Rajya Sabha at all, and even where it reaches that House it must be returned within 14 days. The correct route is introduction in the Lok Sabha on the President's recommendation, followed by a maximum 14-day reference to the Rajya Sabha for recommendations only.
The Supreme Court ruled that Parliament cannot amend the 'basic structure' of the Constitution in which landmark case?
Who votes in the election of the Vice-President of India?
A Money Bill has been transmitted to the Rajya Sabha. What is the maximum period for which that House may retain it, and what can it do?
Under Article 75 the Council of Ministers is collectively responsible to which body, and what follows from that?