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Presented By: Abhishek Chaturvedi

Gita/Bible/Quran of Legislation

Union List

State List

Concurrent List

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Indian Constitution came into force w.e.f. 26th Jan 1950. as Earlier on the same day in 1930 Gandhi ji & Congress declared India as complete Independent nation on the bank of river Ravi.

On 29th August 1947, Constitution Committee was formed in chairmanship of Dr. Bhim Rao Ambedkar, the first law minister of independent india.

India

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onPeople of India

Central Election Commission

Government of India

Lok Sabha

Rajya Sabha

Central Vigilance

commission

Comptroller& Auditor General

India Armed Forces

Army

Air Force

Navy

President of India

Council of States

House of common

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Law Making bodiesParliament Supreme

Court

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President of Nation

The President is the Head of State. He enjoys the utmost powers but exercises the nominal powers in routine.

The President is not directly elected by the people. All MP and MLA votes in the presidential poll. And his tenure is for 5 years.

Eligibility: A Citizen of India. Min Age 35 Years. Qualified to become the member of Loksabha Not Holding the office of profit under union and state except the

Vice-president, Ministers and Governors. In the event that the govt. officio specified above is elected as

President, they are considered to have vacated their previous office on the date they begin serving as President

A candidate, to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for his name to appear on ballot.

The President can only be removed through Impeachment.

• Appoints the Chief Justice & Other Justice of union judiciary.• Can Dismiss Chief justice with resolution of parliament by 2/3

majority.• Right to pardon.• Enjoys judicial immunity.

• Supreme commander of Indian Armed forces.• Can declare war and conclude peace, subject to parliament approval.• Appoints chiefs of Army , Navy & Air force.

• International treaties are signed on behalf of president.• Appoints & assigns Ambassadors & High commissioner

• Recommend & Lays Union budget before the parliament.• Head finance commission & recommend distribution of taxes.

• Summon or end the session of the parliament, Dissolve Loksabha.• Summon joint session of parliament in case of dead lock between the

houses.• Nominate 12 members in Rajyasabha from the field of art, literature,

science.• Assent to every Bill for its applicability in whole or any part of India.

• Appointment of Prime Minister, Ministers, Governors of states.• Appoints Attorney general, CAG, CEC/EC, Members of UPSC, Finance

commission, etc.

Powers of President

Executive Powers

Legislative Powers

Financial Powers

Diplomatic Powers

Military Powers

Judicial Powers

Emergency Powers

• Will discuss in detail.

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Parliament Houses

Rajya SabhaLok Sabha

Upper House Lower

House

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Parliament Houses

Possess such other qualifications as may be prescribed

QualificationOf Members

Indian Citizen

Min. Age 30 yrs.

Min. Age 25 yrs.

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Parliament - Proceedings

Generally reserved for the asking and answering of questions and Minister are obliged to answer.

It starts at around 12 noon (hence the name) and members can, with prior notice to the Speaker, raise issues of importance during this time.

Law Making ProcessMemorandum to Cabinet

Cabinet Committee

Consideration & Recommendation

Cabinet Approval Drafting Stage

First reading in Any house

Cabinet Approval & Prime minister

signature

Cabinet and Notice Paper

Committee stage

Placed in Other House

for Reading

Sent to President for approval

Publication in Official gazette

Place for Voting

IsPassed

No

Place for Voting

Is Passed

Committee stage

No

Yes

Yes Is Approv

ed

Yes

No

*President can only reject the bill at once

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Powers – Lok Sabha

Council of Ministers is Elected on basis of majority in Lok sabha elections.

Introduction and passing of union budget/Money bills exclusively.

Have a major impact in Joint session, as its strength is just doubled of the other house and the resolution needs to be passed by simple majority.

Bill passed by Loksabha pending in Rajyasabha shall lapsed on dissolution of Loksabha.

Motion of No confidence against the government.

Sessions and Time of Sittings: Three sessions of Lok Sabha take place in a year:

Budget session: February to May. Monsoon session: July to September. Winter session: November to mid December.

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Powers – Rajya Sabha As Per Article 75(3) of Constitution, the council of ministers is collectively

responsible to Lok sabha, which means Rajya sabha cannot make or unmake the government.

Rajya sabha is chaired by Vice-chairmen of the nation.

Every minister of the government has a right to attend and speak in the proceedings of Rajya sabha, but he cannot vote for/against any motion.

Bill Pending in Rajyasabha not passed by Loksabha shall not lapsed on dissolution of Loksabha

Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. It can pass a resolution by a majority of not less than two-thirds of members present and voting saying that it is “necessary or expedient in the national interest” to explicit a law to be imposed on states.

Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further.

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Speakers- ParliamentRajya Sabha Lok Sabha

• Vice President of Nation is the speaker.

• Administratively 2nd head of nation.

• Speaker is elected through voting by elected members.

• Administratively 3rd head of nation.

• Administrative heads and responsible for flawless workings of Respective houses.

• Power to take penal actions against members of respective houses.

• Power to vote for motion in situation of deadlock.

• Power to suspend the respective houses sine-die or for particular period.

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Proclamations-Emergency

Under the Constitution, the President is empowered to issue Proclamations in the event of national emergency, under articles 352, 356/365 and 360.

Emergency

National Emergency (Article 352)

Indo-China War 1961

Indo-Pak War 1971

Controversial emergency by Indira Gandhi 1975

State Emergency(Article 356/365)

President Rule very often in India

Financial Emergency (Article 360)

Never Imposed, but we were very close in 1991

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National Emergency- Article 352

National emergency (Article 352) can be declared on the basis of external aggression or armed rebellion in the whole of India or a part of its territory.

Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), and 1975 (declared by Indira Gandhi).

The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister.

Such a proclamation must be laid before both houses of Parliament, and the state of emergency expires after one month unless approved within that time by both houses sitting and voting separately.

However, if the Lok Sabha (the lower house) is not in session when the state of emergency is declared, and the Rajya Sabha approves of the state of emergency, the deadline for the Lok Sabha is extended until thirty days after that house convenes.

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National Emergency- Article 352

According to Article 352(6), approval by each house requires a special majority. (i.e. 2/3 Majority)

A Parliamentary resolution extends the state of emergency for up to six months, and it can be extended indefinitely by further resolutions in six-monthly increments.

During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended.

By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.

In January 1977, during the emergency declared controversially by Indira Gandhi, the government decided to suspend even the Right to Life and Personal Liberty by dispensing with Habeas corpus.*

*Anyone can report an unlawful detention or imprisonment before a court, usually through a prison official

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State Emergency- Article 356/365A state emergency is declared on failure of constitutional machinery in a

state. Nearly every state in India has been under a state of emergency at some point of time or the other. The state of emergency is commonly known as 'President's Rule.

If the President is satisfied, based on the report of the Governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the Constitution, he may declare an emergency in the state.

Such an emergency must be approved by the Parliament within a period of two months.

It is imposed for an initial period of six months and can last for a maximum period of three years with repeated parliamentary approval every six months.

the maximum period of operation of state emergency was 3 years. If the emergency has to be extended for more than three years, it can be done by a constitutional amendment,.

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Financial Emergency- Article 360 If the President is satisfied that there is an economic situation in which the

financial stability or credit of India is threatened, he or she can declare financial emergency.

Such an emergency must be approved by the Parliament within two months.

It has never been declared.

Such a situation had arisen but was avoided by putting the gold assets of India as collateral for foreign credit in 1991,

It remains enforced till the President revokes it.

In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills passed by the State legislatures are submitted to the President for his approval. He can direct the state to observe certain principles (economy measures) relating to financial matters; but fundamental rights cannot be suspended.

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Supreme court- Powers The Supreme Court of India is the apex judicial forum and final court of

appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.

As the final court of appeal of the country, it takes up appeals primarily against verdicts of the High Courts of various States of the Union and other courts and tribunals.

It comprises the Chief Justice of India and 30 other judges. It has original, appellate and advisory jurisdictions.

The Judgement of Supreme Court becomes binding on all courts within India.

Cognisance of matters on its own (or 'suo moto'), without anyone drawing its attention.

Power to review its own judgements.

Powers to punish for contempt.

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