Vice-President

Article 64

  • Vice-President shall be ex-officio chairman of the council of states
  • Vice-President shall not
  • hold any other of profit
  • perform the duties of the office of chairman of the council of states while acting as President
  • be entitled to any salary or allowance payable to the chairman of the council of states while acting as president

Article 65

  1. If the vacancy in the office of the President is due to his death, resignation or removal, or otherwise, Vice-President shall act as President until the election of new President
  2. Vice-President shall discharge President’s functions owing to his absence, illness or any other cause.
  3. Vice-President while acting as President
  • have all the powers and immunities of the President is entitled to such emoluments, allowances and privileges of the president

Article 66

  • Election of Vice-President
  1. The Vice-President is elected
  • through electoral college consisting of the members of both houses of Parliament
  • by the system of proportional representative by means of the single transferable vote by voting in secret ballot
  1. The Vice-President shall
  • not be a member of either house of Parliament
  • not be a member of a house of the legislature of any state
  • vacate his seat on the date on which he enters upon his office as Vice-President
  1. A person is eligible for election as Vice-President if
  2. he is a citizen of India
  3. he has completed the age of thirty-five years
  4. he is qualified for election as a member of the council of state
  5. a person is not eligible for Vice-President election, if he holds any office of profit
  • under the Government of India
  • under the Government of any state
  • under any local or other authority subject to the control of Government
  • Exceptions
  • President
  • Vice-President
  • Governor
  • Minister either for the Union or for any state
  • Election disputes regarding the election of Vice-President are settled with Supreme court

Article 67

  • Terms of office of Vice-President
  • Terms of office : 5 years
  1. A Vice-President may, by writing under his hand addressed to the President, resign his office
  2. A Vice-President may be removed from his office
  • by a resolution of the Council of states passed by a majority of all the them members of the council and agreed to by the house of the people
  • such resolution shall be moved only after at least fourteen days notice has been given of the intention to move the resolution
  1. Vice-President, irrespective of the expiration of his term, continue to hold until his successor enters upon his office

Article 68

  1. An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term
  2. An election to fill a vacancy in the office of Vice-President
  • may occur due to death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy

Article 70

  • Discharge of President’s functions in other contingencies
  • Parliament may make special provisions for discharge the functions of the President during contingency

 

Election Rules for President and Vice-President

  1. disputes arising out in connection with election of a President or Vice-President
  • is inquired and decided by the Supreme Court
  • Decisions taken by the supreme court is final
  1. If the President or Vice-President election is declared void by the Supreme court
  • acts done by him during his tenure shall not be invalidated
  1. Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President
  2. Vacancy among the members of the electoral college does not affect president or Vice presidential election

 

Council of Ministers

Article 74

  1. There shall be a council of ministers with the prime minister at the head to aid and advise the president
  • President  shall, in the exercise of his functions, act in accordance with advice of council of ministers
  • President may require the Council of Ministers to reconsider such advice
  • President shall act in accordance with the advice tendered after such reconsideration
  1. advice tendered by Ministers to the President shall not be inquired into in any court

Article 75

  1. The Prime Minister is appointed by the President and the other Ministers are appointed by the President on the advice of the Prime Minister

1(a). The total number of Ministers, including the Prime Minister, in the council of ministers shall not exceed fifteen percent of the total number of members of the house of the people

  1. The Ministers shall hold office during the pleasure of the President
  • President can remove the minister on the advice of Prime minister
  1. The Council of Ministers are collectively responsible to the house of the People
  • All ministers are responsible to the house of people for their acts
  • Any minister not abiding the cabinet decisions should resign
  1. The president administers the oaths of office and of secrecy to Prime as per Third Schedule
  2. Any Minister who is not a member in either house of parliament for period of six consecutive months ceases to be a Minister
  • A person who is not a member of either house of parliament can be appointed as Prime Minister for 6 months
  • within this period of 6 months, the Prime Minister must become a member of either house of the parliament
  1. The salaries and allowances of Ministers is specified in the Second schedule

Article 77

  • Conduct of Government Business
  1. All executive action of the Government of India are expressed to be taken in the name of the president
  2. Orders and other instruments
  • made and executed in the name of the President are authenticated
  • Validity of an such orders or instruments cannot be challenged
  1. The President shall make rules
  • for the more convenient transaction of the business of the Government of India
  • for the allocation among Ministers of the said business

Article 78

  • Duties of Prime Minister
  1. Prime minister has to communicate to the President
  • All decisions of the council of ministers relating to the proposals for legislation
  1. President can require a Minister to submit his decision on any matter, which has not yet been considered by the council

 

Attorney-General for India

Article 76

  1. Appointment
  • Attorney –General for India is appointed by the President
  • Qualification
  • a person should have qualifications to be appointed as a Judge of the Supreme Court
  1. Duties of the Attorney-General
  • to aid and advice the Government of India upon such legal matters assigned to him by the president
  • to discharge the functions conferred on him on him by or under this constitution or any other law for the time being in force
  1. In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.
  2. The Attorney-General
  • shall hold office during the pleasure of the President
  • shall receive such remuneration as the president may determine

 

Duties of the Prime Minister

Article 78

  1. Prime minister has to communicate to the president
  • all decisions of the council f ministers relating to the administration of the affairs of the Union
  • all decisions of the council of ministers regulating to the proposals for legislation
  1. Upon Presidents’ call, Prime minister has to furnish
  • the information relating to the administration of the affairs of the Union
  • the information relating to the proposals for legislation
  1. President can require a Minister to submit his decision on any matter, which not yet been considered by the council

 

PARLIAMENT

Article 79

  • Constitution of Parliament
  • Parliament consists of
  1. President
  2. Council of states or Upper house or Rajya sabha
  3. House of the people or lower house or Lok sabha

Article 80

  • Composition of the Council of states Max : 238 +12 = 250
  • Council of states consists of
  1. 12 persons nominated by president by president, having special knowledge or practice experience in
  • Literature
  • Science
  • Art
  • Social service
  1. not more than 238 representatives of the states and Union territories
  • The representatives of states are
  • elected by the elected members of the Legislative Assembly of the state
  • Elected in accordance with the system of proportional representation by means of single transferable vote
  • The representatives of the Union territories
  • shall be chosen in such manner as parliament may by law prescribe
  • Seats for representative of the states and union territories are allocated in accordance with the Forth Schedule

Article 81

  • Composition of the House of the people  Max  : 530+20+2=552
  • House of the People Consists of
  1. not more than 530 members chosen by direct election from territorial constituencies in the states
  2. not more than 20 members to represent the Union territories, chosen in such manner as parliament may by law provide
  3. 2 members are nominated by the president from Ango-Indian community

Readjustment after each Census

Article 82

  • Upon the completion of each census
  • allocation of seats in the house of the people the states are readjusted
  • division of each state into territorial constituencies is readjusted
  • Until the census to be taken in the year 2026
  1. the allocation of seats in the house of people to the states will be readjusted on the basis of the 1971 census
  2. the division of each state into territorial constituencies will be readjusted on the basis of 2001 census

 

Duration of Houses of Parliament

Article 83

  1. Duration of council of states
  • the council of states or Rajya sabha shall not be subject to dissolution
  • One-third of the members retire on the expiration of every second year
  1. Duration of House of the People
  • The House of people or Lok sabha can be dissolved
  • Lok sabha has the term of 5 years from the date of its first meeting
  • Exception
  • Duration may be extended by Parliament by law in case of Emergency in operation
  • Parliament by law can extend the period not exceeding one year at a time
  • cannot extend beyond a period of six months after the case of proclamation

Qualification for Membership of Parliament

Article 84

  • Qualification for membership of Parliament
  • Qualified, if
  1. he is a citizen of India
  2. he is
  • in the case of a seat in the council of state, not less than 30 years of age
  • in the case of a seat in the house of the people, not than twenty-five years of age
  • he possesses such other qualification as may be prescribed in that behalf by or under any law made by parliament
  • Not qualified, if
  1. he holds any office of profit under government
  2. he is of unsound mind and stands so declared by a court
  3. he is un discharged insolvent
  4. he is disqualified under a law made by the parliament
  5. he is disqualified under anti-defection law of Tenth schedule

Article 85

  • Sessions of parliament
  1. The
  • president shall summon each house of parliament to meet at such time and place as he thinks fir
  • time between the last sitting of the first session and first sitting of the next session should not exceed six months
  1. The president may from time to time
  2. prorogue the houses or either house
  3. dissolve the house of the people