Union and State Executive

by

Governor

  • Same person can be appointed the governor of two or more states
  • Appointed by the President
  • May resign by writing to the President
  • Qualification
    • Citizen of India
    • 35 years of age
  • Art 161: Pardon for any offence against a law relating to a matter to which the executive power of the state extends
  • Constitution does not state the procedure or the grounds for the removal of the Governor

Council of Ministers

  • The advice tendered by the CoM cannot be enquired in a court
  • Number of ministers in the CoM (including the PM) cannot exceed 15 pc of the total number of members of LS (91st amendment, 2003)
  • If a person is disqualified under the 10th schedule (defection), he cannot become a minister
  • Art 75(3): Collective responsibility

Attorney General

  • Article 76
  • Should be qualified to be appointed as a judge of the SC
  • Right of audience in all courts in the territory of India
  • Has the right to take part in the proceedings of either houses, without the right to vote.

Parliament

  • Consists of the President, Lok Sabha and Rajya Sabha
  • Six months should not intervene between consecutive sessions
  • The president shall address a joint sitting of both the houses at the first session of every year and at the first session after the general elections
  • The Chairman and Speaker can vote only in case of equality of votes
  • Quorum: One-tenth of the total number of members of the House
  • MPs resign by addressing their resignation to the Speaker of the Chairman
  • If a member is continuously absent for 60 days without permission for all the meetings of the House, his seat is declared vacant
  • Article 102: grounds for disqualification.
    • 5 grounds
  • Decision on questions as to disqualification of members shall be referred to the President and his decision shall be final. The President, in giving his decision, shall act in accordance with the advice of the Election Commission
  • Joint sitting: If passed by one house and rejected by the other, disagreement between houses on the amendments to the bill, more than six months has passed and the other house has not passed the bill
  • Joint sitting does not apply to Money Bills

Council of States

  • Elected members: 238 from state and union territories
    • Allocation of seats given in the 4th schedule
  • Nominated members: 12
    • From field of Literature, science, art and social service
  • Elected members of the states to be elected by respective Legislative Assembly by proportional representation by means of single transferrable vote
  • Representatives of UTs to be chosen as Parliament may by law prescribe
  • 1/3 members retire every 2 years
  • At least 30 years of age
  • Deputy Chairman can resign by addressing to the Chairman

Most RS seats: UP>Maharashtra>TN=AP>Bihar=WB>Karnataka

States with only one RS seat: Arunachal, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura

States with least RS seats: Above 8<HP=Uttaranchal<J&K<Haryana=CG

UTs: Delhi-3, Puducherry-1, Rest-zero

House of People

  • 530 members from states by direct elections
  • 20 from UTs chosen in a manner prescribed by the Parliament
  • 2 nominated by the President from the Anglo-Indian community if it is not represented
  • Ratio of LS seats allocated to a state and its population should be same across states
    • This may not be followed if the population of the state is less than 6 million
  • Population kept as frozen till the census taken after 2026
    • For LS constituency allotment to states: 1971 census data used
    • For defining boundaries of constituencies: 2001 census data used
  • At least 25 years of age
  • Speaker can resign by addressing to the Dy Speaker. The latter can resign by addressing to the Speaker
  • When LS is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the LS after its dissolution
  • Whenever the Deputy Speaker is appointed as a member of a parliamentary committee, he automatically becomes its chairman

Most LS seats: UP>Maharashtra>AP=WB>Bihar>TN

States with one LS seat: Mizoram, Nagaland, Sikkim

Least LS seats: Above 3<Manipur=Meghalaya=Goa=AP=Tripura<HP<Uttaranchal<J&K

UTs: Delhi(7), Puducherry(2), Rest -1

Reserved for SC: UP – 17, WB – 10

Reserved for ST: MP – 6, Jharkhand, Orissa – 5, CG, Gujarat, Maharashtra – 4

 

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