Monday, May 3, 2010

Making of constitution-8 Vice President and Union Govt

1. Art. 63:- There shall be a Vice-President of India.


2. Art.64:- The Vice-President to be ex-Officio Chairman of the Council of States (Rajya Sabha).


3. Art 65:- The Vice Pr. Shall discharge the function of President during the temporary absence of the President, illness or any other cause by reason of which he is unable to discharge his functions. In 1969 when on the death of Dr. Zakir Hussain, the Vice Pr. V. V. Giri resigned, the Chief Justice Sh. Hidyatullah discharged the function of President.


4. Art.66:- The Vice-President is elected by an Electoral College consisting of members of both Houses of Parliament.


5. Art 67:- Term and qualification of office of President: The term of office is five years. A formal impeachment is not required for his removal. He may be removed by a resolution of the Council of States passed by a majority of its members and agreed to by the House of Peoples.


6. Art 74: - There shall be a Council of Minsters 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.


7. Art 75:- President of India was not a real executive, but a constitutional head, who was bound to act according to the advice of Ministers, so long as they commanded the confidence of the majority in the house of the People.


8. Art 75(3): - The Council of Ministers shall be collectively responsible to the House of the People.


9. Art 75(2): - The ministers shall hold office during the pleasure of the President.


10. Cabinet of American President is responsible to himself and not to Congress.


11. Art 76: - Attorney General for India. In England he is a member of Cabinet.


12. Art 78:- Duties of PM as respects the furnishing of information to the President.


13. Art 79:- Constitution of Parliament.


14. Art 80:- Composition of Council of State: - in the council of states, 12 members are to be nominated by the President from persons having special knowledge or practical experience of literature, science, art and Social Service.


15. Art 81:- Composition of House of Peoples. Not more than 530 representatives of the States and Not more than 20 representatives of Union Territories and Not more than 2 members of Anglo-Indian community, nominated by the President , if he is of opinion that the Anglo Indian community is not adequately represented in the House of the People.


16. The first Lok Sabha held its first sitting on 13-5-1952 .


17. The Rajya Sabha was first constituted on 03-04-1952 and it held its first sitting on 13-05-1952.


18. By 42nd Amendment Act 1976, the Indira Govt. extended the term of Lok Sabha to 6years but it has been reduced to 5 years by the 44th Amendment Act 1978.


19. Art 84: - Qualification for the membership of the Parliament.


20. Art 85:- Like English Crown our President shall have the power to summon or prorogue the Houses of Parliament and to dissolve the lower House.


21. Art 86: - Right of President to address and send message to houses.


22. Art 87:- The President shall address both houses of Parliament assembled together, at the first session after each general election to the House of the People and at the commencement of the first session of each year, and ‘inform Parliament of the causes of its summons’.


23. Art 89:- The Chairman and Deputy Chairman of the Council of States.


24. Art 93:- The speaker and Deputy Speaker of the House of the Peoples.


25. Warrant of Precedence:- The President, The Vice President, The Prime Minister, Governor of States within their respective provinces, Former President, Deputy PM, Chief Justice of India , Speaker of Lok Sabha, Union Cabinet Minister, Union Minister of State, Union deputy Ministers.


26. The chairman and the Deputy Chairman of Rajya Sabha and the Speaker and Deputy Speaker of Lok Sabha do not take oath of their respective offices, they only take oath as members of their respective Houses.


27. Art. 101:- If a member of either House of Parliament is absent from meeting of the House without permission for more than 60 days, his seat shall become vacant.


28. Art 102:- Disqualification of Membership under Anti-defection Act 1985 as given in 10th Schedule.


29. Art 103: - All questions to disqualification of members shall be decided by the President in consultation with Election Commission and his decision shall be final.


30. Art 105:- Immunities and Privileges of Houses of Parliament and of members and committees. Attorney General shall have a right of audience in all Courts in the Territory of India.


31. Art 108:- President has the power to summon a joint sitting of both house of Parliament in case of a deadlock between them. The Joint sitting shall not be summoned for the consideration of Money Bills and Constitutional Amendment Bills.


32. Art 109: - A money Bill shall not be introduced in the Council of States and the same shall return the Bill within 14 days from the date of receipt of the Bill, with or without its recommendations. The House of the People has the right to either reject or accept the recommendations of the Council of States.


33. Art. 110: - Definition of Money Bills. If any questions arises whether the Bill is a Money Bill or not the decision of the Speaker of Lok Sabha shall be final.


34. Art 112: - Annual Financial Statement i.e. Budget


35. Art 113:- Appropriation Bills: An Appropriation bill refers to the formal sanction of Parliament to Govt. to make expenditure out of the Consolidated Fund of India.


36. Art 115:- Supplementary, additional or excess grants.


37. Art 116: - Votes on account, votes of credit an exceptional grant.


38. Art 118:- The speaker shall preside over the joint sitting of the two houses of Parliament.


39. Art 120:- Language used in Parliament.


40. Art 122:- Courts not to inquire into proceeding of Parliament.


41. Art 123: - Power of President to promulgate Ordinance during recess of parliament.


42. Art 148: - Comptroller and Auditor General of India. He is to be the guardian of the Public purse and it is his duty to see that not a farthing is spends out of the Consolidated Fund of India. The term of Office of the CAG shall be 6 years.


43. Art 151: - Audit reports. Of the CAG is laid before the Parliament and is examined by the Public Account Committee.

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