Polity notes · Chapter 13 of 19

Houses, Council of Ministers & PM

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Houses of the parliament

AspectLok SabhaRajya Sabha
Maximum Seats552 (Article 81) → 530 (States) + 20 (UTs) + 2 (Anglo-Indians)250 (Article 80) → 238 (States + UTs) + 12 (Nominated by President)
Current Seats543 seats (530 States + 13 UTs)245 seats (233 elected + 12 nominated)
Method of ElectionStates → Direct election (Article 81)
UTs → Direct election (By law)
Voting age: 21 years → 18 years (61st CAA, 1988)		Indirect election by elected members of State Legislative Assemblies Proportional representation by single transferable vote (Article 80(4))
Nomination2 Anglo Indians
[Repealed by 104th CAA]		12 members nominated by the President for their contributions to art, literature, science, and social service (Article 80)
Duration5 years (Article 83)
Subject to earlier dissolution due to-
1. No-Confidence motion
2. COM advice to President
3. Hung Assembly → No govt formed
* Election to be conducted in 6 months in above cases		Permanent body, not subject to dissolution One-third of members retire every 2 years, term of 6 years (not written in constitution)
QualificationsCitizen of India Minimum age: 25 years (Article 84)
Other qualifications as prescribed by Parliament		✔
Minimum age: 30 years (Article 84)
✔
(Elector in a parliamentary Constituency)
Disqualification (A. 102)Office of Profit Unsound mind ↔ Competent court Undischarged Insolvent Not a citizen Disqualified under law eg.
RPA, 1951 (Electoral offences + 2/+ years of imprisonment + failure to lodge election expense in time)
& Anti-defection (10th Schedule, 52nd CAA, 1985)		Same as Lok Sabha
ReservationSeats reserved for SC/ST (Article 330)
Seats reserved in any state/UT based on SC/ST population
A.330 → Lok Sabha
A.332 → Leg. Assembly		No reservation

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Houses of the parliament
  • Maximum Seats — 552 (Article 81) → 530 (States) + 20 (UTs) + 2 (Anglo-Indians) — 250 (Article 80) → 238 (States + UTs) + 12 (Nominated by President)
  • Current Seats — 543 seats (530 States + 13 UTs) — 245 seats (233 elected + 12 nominated)
  • Method of Election — States → Direct election (Article 81)
    UTs → Direct election (By law)
    Voting age: 21 years → 18 years (61st CAA, 1988) — Indirect election by elected members of State Legislative Assemblies Proportional representation by single transferable vote (Article 80(4))
  • Nomination — 2 Anglo Indians
    [Repealed by 104th CAA] — 12 members nominated by the President for their contributions to art, literature, science, and social service (Article 80)
  • Duration — 5 years (Article 83)
    Subject to earlier dissolution due to-
    1. No-Confidence motion
    2. COM advice to President
    3. Hung Assembly → No govt formed
    * Election to be conducted in 6 months in above cases — Permanent body, not subject to dissolution One-third of members retire every 2 years, term of 6 years (not written in constitution)
  • Qualifications — Citizen of India Minimum age: 25 years (Article 84)
    Other qualifications as prescribed by Parliament — ✔
    Minimum age: 30 years (Article 84)
    ✔
    (Elector in a parliamentary Constituency)
  • Disqualification (A. 102) — Office of Profit Unsound mind ↔ Competent court Undischarged Insolvent Not a citizen Disqualified under law eg.
    RPA, 1951 (Electoral offences + 2/+ years of imprisonment + failure to lodge election expense in time)
    & Anti-defection (10th Schedule, 52nd CAA, 1985) — Same as Lok Sabha
  • Reservation — Seats reserved for SC/ST (Article 330)
    Seats reserved in any state/UT based on SC/ST population
    A.330 → Lok Sabha
    A.332 → Leg. Assembly — No reservation

Powers of Lok Sabha & Rajya Sabha

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Equal Powers
  • 1. Ordinary Bills
  • 2. Constitutional Amendment Bills (CABs)
  • 3. Financial Bill-II
  • 4. President Election
  • 5. President Impeachment
  • 6. Approving Ordinances
  • 7. Approving Three Emergencies
  • 8. Selection of Council of Ministers
Rajya Sabha < Lok Sabha
  • 1. Money Bill
  • 2. Financial Bill-I
  • 3. Joint Sitting
  • 4. Budget: Rajya Sabha can only discuss.
  • 5. Discontinuing National Emergency
  • 6. No-Confidence Motion
Rajya Sabha > Lok Sabha
  • 1. (Article 249) Rajya Sabha can authorize Parliament to make laws on subjects in the State List.
  • 2. (Article 312) Rajya Sabha can create new All India Services.
  • 3. (Article 67) Rajya Sabha can initiate the removal process of the Vice President.

Council of Ministers

ArticleProvision
Article 74CoM aids and advises the President.
Article 75President appoints the Prime Minister and, on their advice, appoints other ministers.
Article 75(1A)Maximum strength of the CoM is 15% of the total members of the Lok Sabha (inserted by 91st CAA, 2003).
Article 75(2)Ministers hold office during the pleasure of the President.
Article 75(3)CoM is collectively responsible to the Lok Sabha.
Article 75(4)Ministers take an oath of office and secrecy before the President.
Article 75(5)A minister who is not a member of Parliament for six consecutive months loses their ministership.

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Council of Ministers
  • Article 74 — CoM aids and advises the President.
  • Article 75 — President appoints the Prime Minister and, on their advice, appoints other ministers.
  • Article 75(1A) — Maximum strength of the CoM is 15% of the total members of the Lok Sabha (inserted by 91st CAA, 2003).
  • Article 75(2) — Ministers hold office during the pleasure of the President.
  • Article 75(3) — CoM is collectively responsible to the Lok Sabha.
  • Article 75(4) — Ministers take an oath of office and secrecy before the President.
  • Article 75(5) — A minister who is not a member of Parliament for six consecutive months loses their ministership.

Prime Minister

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Prime Minister · Term
  • 1. Term:
  • – The Prime Minister does not have a fixed 5-year term.
  • – The Prime Minister holds office during the pleasure of the President.
  • – If the Prime Minister resigns or passes away, the Council of Ministers is automatically dissolved.
  • – The political party then elects a new leader.
  • 2. Oath:
  • – The oath of office is administered by the President.
  • 3. Salary:
  • – The salary of the Prime Minister is the same as that of a Member of Parliament.
  • – It is determined by Parliament and is not charged on the Consolidated Fund of India.
Prime Minister · Roles
  • 4. Roles:
  • – The President is the nominal executive (de jure).
  • – The Prime Minister is the real executive (de facto).
  • 5. Appointment:
  • – The Constitution does not specify a detailed procedure; Article 75 states the PM shall be appointed by the President.
  • – By convention, the President appoints the leader of the majority party, who must prove their majority within one month.
  • – If no party has a clear majority, the President may use their discretion to appoint the Prime Minister.
  • – The Prime Minister can be from the Rajya Sabha (examples include Indira Gandhi in 1966, Deve Gowda in 1996, and Manmohan Singh in 2004).
  • – A non-MP can be appointed as PM, but must get elected to Parliament within six months.
Prime Minister · Bits on PM
  • 6. Bits on PM:
  • – Leader of the House of which he is a member.
  • – Advises President to summon/prorogue Parliament.
  • – Can advise President to dissolve Lok Sabha anytime.
  • – Cannot advise President to dissolve Rajya Sabha anytime.
  • – Advises President to appoint ministers and allocates their portfolios.
  • – Can ask any minister to resign anytime.
  • – Channel of communication between the President and the Council of Ministers (CoM).
  • – Advises President on the appointment of key officials such as the Attorney General (AG), Comptroller and Auditor General (CAG), Union Public Service Commission (UPSC) members, Election Commission (EC) members, Finance Commission (FC) members, etc.
  • – Article 78: Duty of Prime Minister to Communicate to the President
  • – i. All decisions of the CoM.
  • – ii. Information sought by the President.

Disqualification of MPs in India

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Disqualification of MPs in India · part 1
  • 1. Defection:
  • – Provisions: Governed by the 10th Schedule, introduced by the 52nd Amendment Act, 1985, and amended by the 91st Amendment Act, 2003.
  • – Causes:
  • – Voluntarily giving up membership of the party.
  • – Voting against party directions without approval.
  • – Independent members joining a party.
  • – Nominated members joining a party after six months.
  • – Exemptions:
  • – Speaker
  • – 2/3rd split → either they join other party or remain separate
  • – Deciding Authority: The Presiding Officer (Speaker or Chairman).
  • – Important Case: Kilhoto Holohan
  • – Upheld ADL
  • – No judicial review before decision of speaker
Disqualification of MPs in India · part 2
  • 2. Office of Profit: Not defined in Constitution
  • – Provisions: Article 102(1)(a) for MPs and Article 191(1)(a) for MLAs.
  • – Causes: Holding an office under the government that yields profit or pecuniary gain.
  • – Deciding Authority: The President (for MPs) or the Governor (for MLAs), in consultation with the Election Commission of India (ECI).
  • – Important Case: Jaya Bachchan Case → SC declared what’s office of profit
  • – If the government is the appointing authority
  • – Government has the power to terminate
  • – Whether the government determines remuneration
  • 3. Criminal Activities:
  • – Provisions: Articles 102 and 103 for MPs and Articles 191 and 192 for MLAs.
  • – Causes: Conviction under various criminal laws, as specified in different sections of the Representation of the People Act (RPA):
  • – 8(1) - Various criminal acts as given in IPC
  • – 8(2) - Hoarding, adulteration, dowry
  • – 8(3) - If person is convicted for 2 years/+ then he/she shall be disqualified from the date of conviction
  • – 8A - corrupt practices during elections
  • – 9 - Corruption, disloyalty
  • – 9A - Govt. Contracts
  • – 10 - Member of both houses
  • – Deciding Authority: The President (for MPs) or the Governor (for MLAs), in consultation with the Election Commission of India (ECI).
  • – Important Case: Lily Thomas Case → SC struck down Sec 8(4) which gave time for appeal
All 19 chapters of Polity notes
  1. Making of the Constitution1 sections
  2. Preamble3 sections
  3. Union & its Territory2 sections
  4. Citizenship2 sections
  5. Fundamental Rights8 sections
  6. Fundamental Duties3 sections
  7. Directive Principles8 sections
  8. Amendment & Basic Structure4 sections
  9. Parliamentary System1 sections
  10. Federal System3 sections
  11. Judiciary5 sections
  12. Parliament & the President2 sections
  13. Houses, Council of Ministers & PM5 sections
  14. Parliamentary Business6 sections
  15. Committees & State Legislature4 sections
  16. Centre–State Relations1 sections
  17. Inter-State Relations1 sections
  18. Emergency Provisions1 sections
  19. Constitutional & Statutory Bodies2 sections