Union Executive and Legislature
The Union Executive and Legislature form the core of India's parliamentary democracy, covering Articles 52 to 122 of the Constitution. This topic is exceptionally high-yielding for the Allahabad High Court RO/ARO and UPPSC examinations, frequently testing constitutional articles, parliamentary procedures, veto powers, and ordinance-making authorities.
The Union Executive (Articles 52-78)
Comprises the President, Vice-President, Prime Minister, Council of Ministers, and the Attorney General of India.
- Article 52 - The President of India: Head of the State and the first citizen of India. Executive power of the Union is vested in him and exercised directly or through subordinate officers per Article 53.
- Article 63 - The Vice-President of India: Acts as the ex-officio Chairman of the Council of States (Rajya Sabha) under Article 64 and discharges presidential functions during casual vacancies.
- Article 74 & 75 - Prime Minister and Council of Ministers: There shall be a Council of Ministers with the PM at the head to aid and advise the President. PM is appointed by the President, and other ministers are appointed on PM's advice.
- Article 76 - Attorney General of India: Highest law officer of the country, appointed by the President. Must be qualified to be appointed as a Judge of the Supreme Court. Has the right to speak in both Houses of Parliament.
- Veto Powers of the President (Article 111): Includes Absolute Veto (withholding assent), Suspensive Veto (returning a bill for reconsideration except Money Bills), and Pocket Veto (taking no action, exercised by President Zail Singh in 1986).
The Union Legislature / Parliament (Articles 79-122)
The supreme legislative body of India consisting of the President, Rajya Sabha, and Lok Sabha.
- Article 79 - Constitution of Parliament: Parliament for the Union shall consist of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
- Article 80 & 81 - Composition of Houses: Rajya Sabha max strength is 250 (currently 245; 12 nominated by President). Lok Sabha max strength is 552 (currently 543 elected; Anglo-Indian nomination removed via 104th Amendment Act, 2019).
- Article 100 - Voting in Houses and Quorum: All questions are determined by a majority of votes of members present and voting, other than the Chairman or Speaker. Quorum is one-tenth (1/10th) of the total members of each House.
- Article 105 - Powers, Privileges of Parliament: Provides freedom of speech in Parliament and immunity from court proceedings for anything said or any vote given by a member in Parliament or committees thereof.
- Article 108 - Joint Sitting of Both Houses: Summoned by the President in case of deadlock over a bill. Presided over by the Speaker of Lok Sabha. Not applicable to Money Bills or Constitutional Amendment Bills.
Legislative Procedures & Financial Bills
Rules and steps governing how ordinary, money, financial, and constitutional amendment bills become acts.
- Article 107 - Ordinary Bills: Can originate in either House of Parliament. Requires a simple majority of members present and voting in both Houses. Lapses if Lok Sabha dissolves while pending.
- Article 110 - Definition of Money Bill: Contains provisions only dealing with taxation, borrowing, Consolidated Fund of India, etc. Certified exclusively by the Speaker of Lok Sabha.
- Article 109 - Special Procedure for Money Bills: Can only be introduced in Lok Sabha on the recommendation of the President. Rajya Sabha has a maximum of 14 days to return it with or without recommendations.
- Article 112 - Annual Financial Statement (Budget): Statement of estimated receipts and expenditure of the Government of India for a financial year, presented by the Finance Minister.
- Article 368 - Constitutional Amendment Bills: Can originate in either House without prior presidential recommendation. Requires special majority in each House separately; no joint sitting is allowed.
Parliamentary Devices & Budgetary Control
Instruments used by legislators to raise matters of public importance, check executive actions, and control public finance.
- Question Hour (प्रश्नकाल): First hour of a parliamentary sitting. Starred questions (oral answers, supplementary allowed), Unstarred questions (written answers, no supplementary), and Short Notice questions.
- Zero Hour (शून्यकाल): An Indian parliamentary innovation dating from 1962. Starts immediately after Question Hour without prior notice to raise matters of urgent public importance.
- Motions of No-Confidence and Censure: No-Confidence Motion (Rule 198) can only be moved in Lok Sabha against the entire Council of Ministers and requires 50 supporting members. Censure motion can be moved against individual/group of ministers.
- Cut Motions in Budget: Disapproval of Policy Cut (reduces demand to Re. 1), Economy Cut (reduces demand by a specified amount), and Token Cut (reduces demand by Rs. 100) to ventilate grievances.
Key Questions & Answers
- Which constitutional article deals with the ordinance-making power of the President of India?
- Article 123 (Ordinance-making power of the President during recess of Parliament).
- Who has the final authority to decide whether a bill is a Money Bill or not?
- The Speaker of the Lok Sabha (Article 110(3)).
- Can a joint sitting of Parliament be summoned for a Constitutional Amendment Bill under Article 368?
- No, joint sittings are only for Ordinary Bills or Financial Bills (Article 108).
- What is the minimum strength of supporting members required to introduce a No-Confidence Motion in Lok Sabha?
- At least 50 members must support the motion.