Executive Flashcards
President, VP, PM, CoM, Att Gen, Gov, CM, St CoM, Adv Gen.
1
Q
A74
A
- Council of Ministers to aid and advise President.
1 There shall be a Council of Ministers 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:
[2]Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
2
Q
A75
A
- Other provisions as to Ministers.
(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.
1 A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House of the People.
(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.
3
Q
Does the Constitution lay out any procedure for the selection and appointment of the PM
A
No.
A75 simply says the Prez has to appoint the PM
4
Q
When can the President use his discretion to appoint the PM, list first instances when this was used.
A
Case1 : When there’s no majority party in LS. 1979 Prez Reddy appointed PM Charan Singh.
Case2 : When the incumbent PM dies. 1984 after assassination of Indira Gandhi, Prez Zail Singh appointed PM Rajiv Gandhi.
However, upon death of PM, if ruling party appoints a new leader, Prez has no choice but to appoint that person.
5
Q
Does the PM have to prove his majority in the house before being appointed ?
A
No, as per Delhi HC in 1980.
6
Q
PM appointed using discretion has to prove majority/ take vote of confidence within how many days?
A
One month.
7
Q
Can a non member be appointed PM ?
A
Yes, but elect to any house of parliament within 6 months.
8
Q
PM has to be from which house
A
Any.
9
Q
List RS PMs
A
CC more PMs are there
Indira Gandhi from Uttar Pradesh.
Deve Gowda for KT.
Manmohan Singh from Assam.
10
Q
Which oaths are taken by PM
A
Oaths of office and of secrecy.
11
Q
Oaths of PM are similar to whose
A
Union ministers.
12
Q
Who administers oath to PM
A
President
13
Q
What is the term of the PM, is it fixed?
A
No, PM’s term is not fixed, holds office during the pleasure of the President.
14
Q
Why does the entire CoM resign when Pm resigns/dies?
A
As PM is their head, they can’t function in his absence.
15
Q
A78
A
- Duties of Prime Minister as respects the furnishing of information to the President, etc.
It shall be the duty of the Prime Minister:
(a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
16
Q
What is the title of PM in the LS
A
Leader of the LS
17
Q
Duties of PM in relation to Parliament
A
-Recommends summoning, proroguing of session of Parliament
-and dissolution of LS to President.
-Announces govt policies on floor of the house.
18
Q
Acc to A75 CoM is responsible/ accountable to which house
A
Lower house.
19
Q
Can the PM attend RS
A
Yes, the Prime Minister of India can attend sessions of the Rajya Sabha (Council of States) even if they are not a member. The Prime Minister, who is usually a member of the Lok Sabha (House of the People), has the right to speak in both houses of Parliament, but they can only vote in the house of which they are a member.
20
Q
If PM is from RS can they vote in LS
A
No, if the PM is a member of the RS, they cannot vote in the LS.
A member can only vote in the house to which they belong.
In this case, the Prime Minister would only have voting rights in the Rajya Sabha. However, they can attend and participate in debates and discussions in the Lok Sabha but cannot vote there.
21
Q
Who is the crisis manager-in-chief at the political level during emergencies ?
A
PM
22
Q
Who is the political head of the services ?
A
PM
23
Q
Who said PM is
first among equals ( primus inter pares)
and the keystone of the cabinet arch
A
Lord Morely
24
Q
Who said primus inter pares is too modest an appreciation of the PM’s position
A
Herbert Marrison
25
Who said PM is inter stellas luna minores (a moon among lesser stars) ?
Sir William Vernor Harcourt.
26
Who said “he is rather a sun around which planets revolve. He is the keystone of the Constitution, all roads in the Constitution lead to the Prime Minister.
Jennings
27
Who said
“prime minister is central to the formation of the Cabinet, central to its life, central to its death. Prime minister is the pivot around which the entire governmental machinery revolves.”
HJ Laski
28
Who said
“ Government is the master of the country and the prime minister is the master of the government”
HR Greaves.
29
Who said PM is the captain of the ship of state
Munro
30
Who said PM is
“the steersman of steering wheel of the ship of the state”
Ramsay Muir
31
Who said
“ The postwar epoch has been the final transformation of the cabinet government into prime ministerial government”
RH Crossman
32
Who said
“Parliament is not in practice sovereign. The Parliamentary democracy has now collapsed at Westminister. The basic defect in the British system of governing is the super ministerial powers of the Prime Minister.”
Humphrey Berkley
33
Which articles describe the relationship between the President and the PM
A74, 75 and 78
34
Can the President appoint whoever they deem suitable in the council of ministers? Which article ?
No.
Only those recommended by the PM.
Acc to article 75.
35
Title and Components of A75
Title: Other provisions as to ministers.
1. PM appointed by President and other ministers appointed by President on advice of PM.
2. Hold office during pleasure of President.
3. CoM collectively responsible to LS.
36
Title of A74
Title: Council of Ministers to aid and advise President.
37
Can the President reject advice of the CoM/ PM? Which article.
No. He can send it for reconsideration but if sent back again then has to give assent.
Article 74.
OFU: No, the President of India cannot send back the same advice for reconsideration a second time if the Council of Ministers has reconsidered it.
The President does have the power to ask the Council of Ministers to reconsider the advice once. However, after the reconsideration, if the Council of Ministers resubmits the same or a modified version of the advice, the President is constitutionally obligated to accept it and cannot send it back again for reconsideration.
38
How many PMs were CMs? List them.
6 people.
1. 1977- Morarji Desai- CM of esrtwhile Bombay
2. Charan Singh- CM of undivided UP
3. VP Singh- CM of UP
4. 1991 PV Narasimha Rao- CM of AP
5. 1996 HD Deve Gowda- CM of Karnataka
6. 2014 Modi- CM of Gujarat.
39
First non congress PM of India
Morarji Desai 1977 of Janata Party.
40
When were the first post independence elections conducted
1952.
41
India became a republic in which year
26th January 1950.
42
Constitution came into being in which year
26th Nov 1949
43
India was a dominion from when
15 Aug 1947 to 25th Jan 1950.
44
Nehru was PM of which govts
1. Interim GoI under B raj- 2nd Sept 1946 to 14th Aug 1947
Considered actual PM from 1947-64
2. Dominion of India - 15th Aug 1947 to 26th Jan 1950
3. Republic of India - 1950 till his death on 27th May 1964.
45
Indira Gandhi was assassinated on
31st Oct 1984.
46
How many Indian PMs
16 terms.
14 PMs
Modi is the 16th PM.
https://en.m.wikipedia.org/wiki/List_of_prime_ministers_of_India
47
2024 LS is which LS
PM Modi is which PM
18th LS.
PM Modi is the16th PM term wise when IG and ABV discontinuous terms are counted separately.
Otherwise 14th PM.
48
Ways to remember PMs
2 before IG and 2 after (MC)
Nehru—Shastri—IG—Morarji—Charan—IG
- Nehru till 1964
- For two years Shastri 1966
-IG for 10 years 1966-77
- For two years Desai 1979. All one year terms after MD. JP.
-For one year Charan 1980. JP (Secular)
-IG 1980- 84
-Rajiv 1984-89
-One year VP 1989-90 ( remember Rajiv was a VIP, so VP after him). JD (NF).
-One year CS 1990-91. Samajwadi JP.
-Full term 1991-96 PV N Rao, ofc from INC. Narasimha is Atal. After 96- 16,1,1.
-ABV 16 days 16/05 to 01/06 1996. BJP. after ABC is D.
-One year HD D Gowda 1996-97. JD (UF). G after G.
-One year IK Gujral 1997-98. After Gujral is Gujarat (BJP). JD (UF).
- 1998 Full Term ABV. BJP (NDA). Stable govts henceforth.
-2004 MNS. INC (UPA).
-2014 Modi. BJP( NDA 2)
Terms:
(Full-2)—IG—(2-1)—IG||—RG—1V-1C—Full P|—16—1—1||Full—-Full—Full||
Towards the end of the decade govts fall
1977- 2 govts till 1980
1989- 2 govts till 1991
1996- 3 govts till 1998
- Between the two terms of Atal (G) two G.
- 2 before and after IG. (MC)
- 1977—> INC fails
- 2M, 1C, IG, RG
-1989—> INC fails again
- As RG is VIP so after him V,C,R
-1991—>Big changes so full term
- Narasimha is Atal
- 1996—> 16-1-1.
- Bw 2 terms of Atal (G) are 2 Gs.
-1998—> Normalcy since Atal.
Parties
- INC till 1977
- 1977–Janata Party, then Janata Party Secular [2M,1C]
- 1989–Janta Dal (NF) of VIP, Samajwadi Janata Party of (CS), INC of R, [VCR- DSI]
- 1996– BJP—J Dal (UF)—J Dal (UF)—BJP. 16-1-1-F.
Final:
2 before IG and 2 after (2M, 1C); RJ is VIP so VCR’s DSI—1 VP, 1CS; Full PVN R, Narasimha is Atal; 2 Gs bw 2 terms of G—16-1-1- F; then MNS and Modi-F-F.
49
PMs from 1996
Names:
2 Gs between 2 terms of G
(Atal-Gowda-Gujral-Atal)
Terms:
16-1-1-F
16 days, 1 year, 1 year, Full term from 1998.
50
Which PM came after PM PV Narasimha Rao?
AB Vajpayee as Narasimha is Atal.
51
Which of the short term PMs had a full term
name year
name party
PV Narasimha Rao. Narasimha is strong and stable lol.
1991- big changes so stable govt lol.
INC ofc.
52
Last two year long short term PM was
Morarji Desai 1979.
All one year PMs since then.
53
Who had two year long short terms as PM
1. Shastri- 1964-66
2. Morarji Desai- 1977-79.
One before IG and one after.
All others since then have one year term, except the 16 day term of ABV in 1996.
54
Short tenure parties since 1977
1977: JP—JP-S of 2M& 1C
1989: JD-NF—SJP—INC ie VCR’s DSI
1996: BJP—JD-UF—JD-UF—BJP
55
Mnemonic of PMs VCR’s Parties (from 1989).
DSI
V= VP Singh; D= Janata Dal Nat Front.
C= Chandra Shekhar; S= Samajwadi Janata Party.
R= PV N Rao; I= INC.
VCR came after VIP Rajiv Gandhi (1989)
56
How long were the terms of VCR and 2Gs
1 year long.
No one has had a 2 year term since 2M ie Morarji Desai (1977-79).
57
How many two year terms as PM?
Only 2.
Shastri and 2M ie Morarji Desai.
58
How long was the term of ABV in 1996, and from when?
Term of mere 16 days.
16th May to 1st June 1996.
59
List articles related to the PM
A74
A75
A77
A78
A88
60
Title of A77
Conduct of business of the Government of India
61
Title of A88
Rights of ministers as respects the Houses.
62
63
Tarkunde committee was formed for and by whom and when?
For electoral reforms
By JP Narayan in 1976
64
Does the constitution have a provision for caretaker govt
No
65
Caretaker govt is an essential feature of
Parliamentary system of government
66
What is a caretaker govt? Lasts till when?
A council of ministers that has lost the confidence of the Lok Sabha or otherwise, but is asked by the president to continue till alternative arrangements are made.
Lasts till immediate arrangements are made, if not, then till new govt is formed.
67
Limited role of Caretaker govt
Can not make any significant policy decisions or initiate new measures and schemes except those relating to national security or national interest
68
What did the Tarkunde committee say abt caretaker govt
They should not
1. initiate and announce new policies
2. promise or start new project
3. Grant allowances or loans, salary increases
4. Hold official functions attended by ministers
69
Two reasons why caretaker governments are constrained
1. Normal channel of accountability through Parliament does not exist.
2. the government does not abuse its position to gain electoral advantage.
70
A164
Governor to appoint CM
71
CM has to be from which house
Any.
72
How to select a CM acc to Sakraria Commission
Step1: Call upon majority party. Task to appoint a govt, not someone who conforms to the Gov views.
Step2: If no maj party then follow the following order of preference
1. Pre poll alliance
2. Single largest party staking claim w/ supp of others/independents
3. Post electoral coalition w/ all partners joining govt
4. Post electoral alliance w/ some forming govt and some including indep supp from outside.
73
CM who is not leader of maj party has to
seek a vote of confidence within 30 days of taking over.
74
Oaths of CM are similar to
State ministers
75
In wh judgement SC said CM cant be dismissed by the Gov if they enjoy maj supp in LA
SR Bommai v/s UoI 1994
76
Which commission made recomm on selection and appointment of a CM
Sarkaria Commission on Centre-State Relations 1983-88
77
Who decides the salary of the PM and CM
PM- Parliament
CM- State legislature
78
Salary of PM is similar to whose
MP
79
A167
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.
It shall be the duty of the Chief Minister of each State--
(a)to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
(b)to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
(c)if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
80
State parallel of A78 is
A167
81
Who is the chairman of State Planning Board
CM
82
Who acts as the Vice Chairman of Zonal Councils by rotation holding office for a period of 1 year at a time
CM
83
Who is the Chairman of all Zonal councils
Union Home Minister.
84
Other titles of CM
1. Chief spokesman of state
2. Crisis manager in chief at pol lev during emergencies
3. Leader of the party in power
4. Pol head of services.
5. member of Inter-State Council
6. member of Governing Council of NITI Aayog
7. Chairman of State Planning Board.
85
A163
163. Council of Ministers to aid and advise Governor
(1)
There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
(2)
If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
(3)
The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
86
A164
164. Other provisions as to Ministers
(1)
The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:
Provided that in the State of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
(1A)
The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a State shall not less than twelve:
Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of the Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint.
(1B)
A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for the duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
(2)
The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
(3)
Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
(4)
A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
(5)
The salaries and allowances of Ministers shall be such as the Legislature of the state may from time to lime by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
87
State parallel of A74 is
A163
88
State parallel of A75 is
A164
89
A166
Conduct of business of Govt of State.
90
A177
Rights of ministers as respects the Houses.
91
State parallel of A77 is
A166
92
State parallel of A88 is
A177
93
How to remember the state parallel articles of A74,75,77,78,88
Add place value 100 and subtract 11 from the Union article number.
eg: A74 ----> 100+ (74-11) = 100 + 63 = 163.
eg: A88-----> 177
94
Which articles detail the principles of Parliamentary system of govt in a sketchy and general manner
A74,75.
A163,164.
95
A77
77. Conduct of business of the Government of India
(1)
All executive actions of the Government of India shall be expressed to be taken in the name of the President.
(2)
Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, arid the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
(3)
The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said busines
96
A88
88. Rights of Ministers and Attorney-General as respects Houses
Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in
- the proceedings of either House,
- any joint sitting of the Houses,
- and any committee of Parliament of which he may be named a member,
but shall not by virtue of this article be entitled to vote.
97
CoM shall not exceed what % of total strength of LS?
Which CAA added this ?
Which Article?
15%
91st CAA 2003
Article 75
98
What did 91st CAA 0f 2003 add to A75
1. 15% strength of LS to be ministers only.
2. If disqualified as MP due to defection then disqualified from being a minister as well.
99
Which CAA made the CoM advice binding on the President
42nd and 44th
100
What did 42nd CAA add to A74
It made advice of CoM is binding on the President. Earlier their was ambiguity abt the nature of advice rendered.
Added: that the President
"shall" & "act in accordance with such advice" to the article
101
What did 44th CAA add to A74
Added the proviso that President can ask CoM to reconsider and President shall act in accordance with the advice tendered after such reconsideration.
102
44th CAA of the year
1978
103
Can President exercise executive power w/o aid and advice of CoM ?
Which judgement?
No. It would be violation of A74 which is permanent.
UNR Rao Case v/s Indira Gandhi 1971
104
Does the CoM cease to hold office after dissolution of LS ?
No. A74 is mandatory.
President has to act on aid and advice of the CoM.
105
Is the satisfaction of the President her personal satisfaction?
Which judgement?
No. It is the satisfaction of the CoM.
Shamsher Singh v/s State of Punjab 1974.
106
Which Deputy PM's oath was challenged as unconstitutional and when?
What did SC say?
Devi Lal. 1990.
Even if there no mention in the constitution of the post of a deputy PM, it does not vitiate the oath taken by them.
107
Salary of a union minister is same as
of MPs.
108
What types of responsibilities does a Union minister have?
1. Collective R
2. Individual R
No legal R as is in Britain where the King can do no wrong.
109
Do Ministers have legal responsibilties?
No.
1. Don't have to countersign a public act alongside President.
2. Courts can't inquire into the kind of advice rendered by the ministers to the President.
110
When CoM has lost confidence of LS, and the same CoM asks the President to dissolve such a house, is the President obliged to obey?
No. President may not oblige to CoM that has lost confidence.
111
When no confidence motion passed agn CoM, do RS ministers have to resign?
Yes.
112
When a minister disagrees and is not prepared to defend the govt policy, they must do what? Examples?
Resign.
eg: Dr Ambedkar, CD Deshmukh, Arif Mohammed.
113
Can President remove a minister on his own?
No. Needs PMs advice.
114
How does the PM ensure collective responsibility in the house ?
By asking the President to dismiss the concerned minister.
115
Who said
“ collective responsibility can be achieved only through the instrumentality of the Prime Minister. Therefore unless and until we create that office and endow that office with statutory authority to nominate and dismiss ministers. There can be no collective responsibility.”
Dr Ambedkar.
116
Deputy PMs are mostly appointed due to
Political reasons.
117
Categories of minsters
Part of CoM
1. Cabinet ministers
2. Minister of state
3. Deputy ministers.
This above three tier classification is based on Parlia conventions of UK.
Not a part of CoM
4. Parliamentary secretaries
118
Cabinet includes which ministers
1. Cabinet ministers
2. Min of State only when specially invited.
Deputy Min not a part of cabinet
119
Two types of minsters of state
1. With independent charge of a ministry/ dept. Perform same functions/hv same powers as cab min wrt their ministry but are not a part the cabinet, unless specially invited.
2. Attached to a cabinet minister. Here can have charge of depts of ministry headed by cab min or alloted specific items of work. Work under the supervision of cab min.
120
Deputy ministers
- Have no indep charge of min/ dept.
- Attached to cab min/ Min of State-- assist them in admin, pol and parlia duties.
- Not members of cab.
121
Parliamentary secretaries
- Not members of CoM
- Appointed by PM not President.
- No dept under control
- attached to senior ministers and assist them in parlia duties.
122
Which minister grp has no collective function and thus doesn't meet as a body?
CoM.
Whereas Cabinet meets regularly.
123
Are cabinet decisions binding on CoM
Yes.
124
Legislative sanction of conventional three tier classification of ministers into Cab min, MoSt and Deputy min.
Salaries and Allowances of Ministers Act of 1952, since constitution doesn't classify them.
It defines a min as CoM and includes a deputy minister.
125
Does the constitution classify ministers into Cab min, MoSt and Deputy min?
No. Its a classification based on Parlia conventions of UK.
126
Did the OG constitution contain the word cabinet
No.
127
Which CAA added the word Cabinet in which Article of the constitution?
44th CAA of 1978 in A352.
Now also article 352 only defines the cabinet, saying that it is,
“a council consisting of the Prime Minister and other ministers of Cabinet rank appointed under article 75”
and does not describe its powers and functions. Thus role of cabinet is based on conventions of Parliamentary government as developed in Britain.
128
Role of cabinet
- Highest decision making body
-chief policy formulating body of cent govt
- supreme executive authority of the central government
- chief coordinator of central administration,
- advisory body to the president whose advice is binding
- chief crisis manager and thus deals with all emergency situations.
- Exercises control over higher appointments like constitutional authority and senior secretariat administrators
- deals with all foreign policy and foreign affairs.
129
Who said
1. Cabinet Is the steering wheel of the ship of the state
2. Cabinet is the keystone of the political arch
3. Cabinet is the pivot around which the whole political machinery revolves
4. Cabinet is the solar orb around which the other bodies revolve.
1. Ramsay Muir
2. Lowell
3. Sir John Marriott
4. Gladstone
130
Who said
1. Cabinet is the magnet of policy.
2. Cabinet is a hyphen that joins, the buckle that binds the executive and legislative departments together.
3. Cabinet is the core of British constitutional system. It provides unity to the British system of government.
4. Cabinet is a central directing instrument of government.
1. Barker
2. Bagehot
3. Sir Ivor Jennings
4. LS Amery
131
Who called British govt a “ dictatorship of the cabinet”?
Ramsay Muir.
132
Who said and in which book,
“cabinet which wields such powers as these may be fairly described as omnipotent in theory, however, incapable it may be using of its omnipotence.
Its position whenever it commands a majority, is a dictatorship only qualified by publicity. This dictatorship is far more absolute than it was two generations ago.”
Ramsay Muir in his book “How Britain is Governed”.
133
Inner/ Kitchen cabinet comprises of
PM and a few influential colleagues in whom he has faith.
Not only cabinet min but also outsiders like friends and family members of PM.
134
Which cabinet is real centre of power
Inner/Kitchen cabinet.
It’s a circle within a circle.
135
During which PMs term was Kitchen cabinet particularly powerful?
Indira Gandhi.
136
Is inner/kitchen cabinet an extra constitutional body?
Yes.
137
Merits of kitchen cabinet
-meets often, expeditious decisions.
- small unit, efficient decisions.
- helps PM maintain secrecy.
138
Demerits of kitchen cabinet
- reduces authority of cabinet
- circumvents legal process by allowing outsiders to influence government.
139
Countries where kitchen cabinets are powerful
USA and UK.
140
A166
166. Conduct of business of the Government of a State
(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
(2)Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.
141
A177
177. Rights of Ministers and Advocate-General as respects the Houses
Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.
142
OFU: Extra provision in A166 which is not in A77
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business
in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.
143
Shamsher Singh case 1974 comment on A163
SC held that except in spheres where the governor has to act at his discretion, the governor has to act on the aid and advice of the council of ministers in exercise of his powers and functions.
144
What provisions did 94th CAA of 2006 add to A164 ?
1. Bihar removed from req of a tribal welfare minister (who also in addition be in charge of welfare of SCs & BCs & others) acc to A164 (1).
2. New formed states of Jharkhand and Chhattisgarh added to this requirement
Now- J-MOC (JH, MP, OD & CH) have this provision
Earlier only BH,MP and OD had it.
144
OFU: Additional provision of A163 that is not there in A74
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
145
What provisions did 91st CAA of 2003 add to A164
1. Ministers shd not exceed the 15% of total strength of LA
2. But total no. of ministers including CM shd not be less than 12.
3. . If disqualified as MLA/MLC due to defection then disqualified from being a minister as well.
146
OFU: Provisions of A164 that are not in A75
(1) the Ministers shall hold office during the pleasure of the Governor:
Provided that in the State of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
(1A) Provided that the number of Ministers, including the Chief Minister in a State shall not less than twelve
147
A person who is appointed minister but is not a part of either house needs to become a member in 6 months by?
Either election or nomination.
148
A state minister gets salary and allowances similar to
MLA
149
When state CoM resigns do ministers of LC resign?
Yes.
150
Do state govts have ministries?
No.
They have departments which are headed by ministers.
151
Who sets up Cabinet committees in the States?
by CM, acc to exigencies of time.
152
Nature of Standing and ad hoc committees
Standing - Permanent
Ad hoc- Temporary.
153
What do state cabinet committees do ?
Not only sort out issues and formulate proposals for consideration of cabinet but also take decisions.
Though, cabinet can review their decisions.
154
A76
Attorney General of India
155
Who is the highest law officer of India and the states?
Attorney General- India
Advocate General- States.
156
A165
Advocate General of India
157
Attorney General of India.
who appoints?
Qualifications?
Tenure?
Resigns by writing to ?
Renumeration decided by?
President.
Qualifications- same as SC judge
- Citizen of India
- HC judge for 5 years or
- HC Advocate for 10 years or
- Eminent jurist in opinion of Pres
Tenure
- Term not fixed by C
- No procedure for removal in C
- hold office till the pleasure of the Pres
- conventionally resigns when govt resigns
Resigns by writing to the President.
Renumeration not fixed by C, President determines.
158
Qualifications of Att Gen?
Qualifications- same as SC judge
- Citizen of India
- HC judge for 5 years or
- HC Advocate for 10 years or
- Eminent jurist in opinion of Pres
159
Qualifications of Adv Gen?
Qualifications- same as HC judge
- Citizen of India
- HC advocate for 10 years or
- Judicial office for 10 years.
160
Advocate General of India.
who appoints?
Qualifications?
Tenure?
Resigns by writing to ?
Renumeration decided by?
Governor.
Qualifications- same as HC judge
- Citizen of India
- HC advocate for 10 years or
- Judicial office for 10 years.
Tenure
- Term not fixed by C
- No procedure for removal in C
- hold office till the pleasure of the Governor.
- conventionally resigns when govt resigns
Resigns by writing to the Governor.
Renumeration not fixed by C, Governor determines.
161
Duties of Adv Gen
1. Advice to state govt on legal matters referred by Governor.
2. Legal duties assigned by Governor.
3. Const functions/law
162
Adv gen has right to speak where
in both houses of state legislature + any committee of wh she is named a member but w/o right to vote
163
Att Gen and Adv Gen enjoy privileges and immunities similar to whom?
MPs
MLAs.
164
Duties of Adv Gen
1. Advice to state govt on legal matters referred by Governor.
2. Legal duties assigned by Governor.
3. Const functions/law
165
Duties of Att Gen
1. Advice to cent govt on legal matters referred by President.
2. Legal duties assigned by President.
3. Const functions/law
President has assigned following duties to Att Gen
- To appear on behalf of the GoI in all cases in SC, HC
- To rep GoI in ref made by President under A143
166
AGI has right of audience in which courts
All courts in territory of India
167
Att Gen has right to speak and take part in which proceedings?
Both houses of Parliament + joint sitting + Any committee of which he/she is named a member but without a right to vote
168
Attorney general enjoys privileges and immunity similar to
MPs
169
Limitations on Att Gen of India
- cant hold a brief against GoI
- Can't defend criminal cases w/o permission of GoI
- Can't accept app as director in any company without permission of GoI
- Can't advise Min/dept/statutory org unless reference through Mini of law and Justice- Department of legal affairs
170
Is the advocate general of India a government servant/
No.
Not debarred from private practice.
171
Is attorney general of India debarred from private practice?
No.
They are not a govt servant.
Not a full time counsel of GoI.
172
Which are the other officers of govt of India in addition to attorney general
Solicitor general of India and
Additional solicitor general of India.
They assist the attorney general
173
Is the attorney general of India a part of the cabinet?
No.
There's a separate law minister.
174
Did the constitution create the office of attorney general, solicitor general and add solicitor general?
Att Gen - YES
SGI, Add SGI - NO.
175
A88
Rights of attorney general as respects the houses of Parliament and its committees
176
A105
Powers privileges and immunities of the Att general
177
A177
Rights of advocate general as respects the Houses of state Legislature and its committee
178
A194
Powers, privileges and immunities of advocate general
179
How is the Solicitor Gen selected?
Appointed by: The Appointments Committee of the Cabinet (ACC), led by the Prime Minister.
Not a Constitutional Position: Unlike the AGI, the SGI is not mentioned in the Constitution but is appointed under statutory rules.
180
Tenure of Solicitor gen of India
Tenure: No fixed term; serves at the pleasure of the President.
181
Articles and Part of Union Executive
52-78
Part V
182
Union executive comprises
President
Vice President
PM
CoM
Att Gen
183
Who is the first citizen of India
President
184
Electoral college of Presidential election
Elected members of
1. Parliament
2. State Assembly
3. UT Assemblies of Delhi and Puducherry.
185
Wh CAA made Delhi and Puducherry LAs part of Presidential electoral college
70th CAA of 1992
effect from 1995
186
Who is not a part of Presidential electoral college
1. Leg Council members
2. No UTs other than Delhi & Puducherry (but only non-nom mem)
3. Nom members of Parliament
4. Nom members of St LAs.
187
Can members of a dissolved assembly vote in a presidential election
No
188
The Constitution provides that there shall be WHAT in scale of representation of different states
and WHAT between states as a whole and the union in presidential election
Uniformity
Parity
189
Formula for value of the vote of
-an MLA
- an MP
MLA
= Tot pop/ no. elected MLAs in LA* 1/1000
MP
= Value of votes of all MLAs/ no. of elected MPs
Electoral quota:
= [Tot no. of valid votes polled/ 2] + 1
190
Electoral quota of Presidential election formula
= [Tot no. of valid votes polled/ 2] + 1
191
Who looks into disputes over presidential election?
whose decision is final?
SC. It has exclusive, original and final jurisdiction over Pres and VP elections.
SC's decision is final.
192
Can a presidential election be challenged on the ground that electoral college was incomplete
No.
192
Who has exclusive, original and final jurisdiction over Pres and VP elections
SC
192
If SC declares a presidential election void, will decisions taken before such declaration be invalidated?
No.
192
Reasons to have indirect Presidential elections
1. In harmony with Parlia sys, nominal head.
2. Less costly
193
President is a representative of whom
Union and States equally.
193
Is the proportional representation by a single transferable vote a misnomer in presidential election?
Yes.
1. PR is to select two or more seats whereas here we need only 1 ---so rather call it Preferential/ Alternative Vote system
2. Not STV as each member has plural votes.
194
List some Presidents since 2002
2002- APJ
2007- Pratibha Patil
2012- Pranab Mukherjee
2017- Ram Nath Kovind
2022- Droupadi Murmu
195
Dr Rajendra Prasad President from
1952-62 (2 terms)
195
Dr S. Radhakrishnan President from
1962-67
196
Qualifications for election of President
1. Citizen of India
2. 35 y/o
3. qualified for election as MP
4. No office of Profit
5. Sitting pres/ VP/Gov/ Union/State Minster not deemed to hold office of profit
6. nomination to be subscribed by at least 50 electors as proposers and 50 as seconders
7. Security deposit of 15k in RBI, forfeited in case the candidate fails to secure 1/6th votes polled.
197
Who is not included in office of profit for Presidential candidature
Sitting pres/ VP/Gov/ Union/State Minster not deemed to hold office of profit
198
Who administers oath to the President
CJI, in his ab the seniormost judge of the SC available.
199
If an MP or MLA become President then
their MP/MLA seat vacates the moment they become President.
200
EAP of President decided by
Parliament
201
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