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1.1 Westminster model = parliament=cabinet=prime minister model
legislature discuss the bill (parts and functioning) head of state – governor head of government – president executive have primary authority for policy sections: 73-74-
State
Art.163-164 parliamentary system for the state council of ministers is collectively responsible to the lok sabha
Features of Westminster model
- Nominal (president) and real executive (pm) art. 74 council of minister is headed by pm to assist and perform his duties to president
- Close relationship between legislative power and executive power
- Collective responsibility art. 75 it is the basic principle of parliamentary government ministers are collectively responsible to the entire parliament (acc to art.75)
- Dual membership
- Prime minister’s leadership
- Secrecy
Merits of Westminster model
coordination between legislature and administration Prevent authority responsible government ___ are accountable to government for their functions and actions government can be replaced if it loses the majority support representation of different groups flexibility (pm can be replaced whenever needed)
Demerits of Westminster model
cabinent dictatorships the minister may not be an expert in the domain bureaucrats control no continuous change in government policy instability ( collision of government) failure to make quick decisions.
1.2 President of India
Art. 52 - their shall be president of India and he will be the head of the country. Art. 53- powers of president.
Types of powers:
1. Executive power: constitution has extensive exclusive power on president. he will be the head of Indian republic. he has to appoint PM on the advice of other ministers. Then he has to appoint the judges of SC & HC, Governor of the state, Attorney general, auditor general and other officials of every commission. Art. 77- All other powers rested in the president will be in the name of the president and will be authorised. 2. Legislative power : he has the power to summon the parliament and dissolve the loksabha. the parliament summon is bound by the president within 6 months from the last sitting of the session. Art. 108- if their is any sort of complex in an ordinary bill he can call the joint sitting to resolve problem. At the commencement of each session the president addresses either house of parliament or joint session. 3. Discriminatory power:
Impeachment of the president art. 61 In case of violence of any constitutional provision charges of impeachment can be initiated by the either of the houses. when the proposal of impeachment is initiated it must have the signature of 1/4 member and president must be given the notice of 14 days. After these all, by the either of the house. the resolution will be paused but it shall not be less than 2/3 member of the total house. But the president has right to appear in the court he can give the valid explanation of the act. After the investigation again the majority of 2/3 is taken for the continuing of removal.
1.3 Council of ministers - art. 74(1)
their shall be council of ministers for the help of president. Appointment of the COM is done by the president with the aid & advice of PM. clause 1(A)- the no. Of COM including PM shall not exceed 50% of the total member of the house. salaries and allowances - art. 74 non members cannot be appointed as a minister. Also if their are any kind of charges on you, you can't hold the position of minister. Doctrine of the collective responsibility. acc. To art. 163 their should be council of ministers and governor will be the head of the state.
Appointment:
chief minister will be the head of the council of ministers.
chief minister is appointed by the governor while other ministers are appointed by the governor on the advice of the CM. acc. To art. 164(1)- it says that governor is not prohibited to give advice to CM in respect of minister or a person who is charged of serious offences related to corruption. the council of ministers will be collectively responsible to state legislative assembly and individually to the governor. Any person can be appointed as a minister but he stops to be a minister if he doesn’t remain present for period of 6 consecutive months. art. 164- salary and allowance of ministers are governed by laws made by the state legislature.
Relationship between governor and council of ministers:
it is same as president and minister. governor can take decisions but minister cannot. 163(1)- their shall be a council of minister to aid and advise the governor in the exercise of his function under the constitution, under his own discretion. Discretional function: art. 136- Governor is appointed by the president to appoint the administrator for a adjoining union territory and provided. Administrator is independently sepreted from the council of ministers. Special Responsibility: governor can consult his council of ministers but the final decision shall be in his individual judgement where court can also not interfere.
Appointment under term of government : governor of state is not elected but appointed during the pleasure of president. And also holds the office during the pleasure. age 35 years above are eligible for the office of governor. he must not hold any profit. they cannot be the member of legislature of union or state (art. 158). their shall be not par (restrictions) to the selection of the governor. the tenure of the governor is for 5 yrs. acc. To art. 156(1) – president can remove governor if he wants. art. 156(2) – governor can also give his resignation. there is no restriction on re-appointment of governor. How elected? appointed adult franchise Need for appointment of governor: issues in state Conditions of the governor’s office: gets official residence monthly allowance others, car…etc allowances and privilege act 1982 (2009 amendment) Powers of the governor no diplomatic or millitary power like president but he possesses executive, legislative and judicial council. executive- governor has the power to appoint state
he also has the power to appoint adv. General and also other members of public service commision. Governor only cannot remove public service commision members. art. 317- art. 217(1) – governor has no power to appoint the judges of the state high court but he is entitled to consult by the president in the matter. governor has the power to appoint the members of Anglo Indian community to the state legislative assembly. according to the 23rd^ amendment: governor limit 1 member and president 2 members. parliament – president State legislature – governor Governor has the right of addressing And sending And dissolving state legislative just had. acc. To art. 202 – governor also possess similar power to be laid before the state legislature (The annual financial statement). acc. To art. 207 – he has power to make remarks for grants and recommending money bills. state legislature council – upper house. governor can nominate… onces part of the total legislative council judiciary - governor has the power to give punishment, suspension or commute the sentences to any person convinced of any offence against any law related to the matter to which executive power of the state extends. (Art. 161) he can be also consulted by the president in the appointed of the chief justice and the judges of the high court of the state. emergency powers of the governor – the governor has no emergency powers but president has. But he can report to president for national emergency situation types of emergency: national emergency (arm rebellion or war)
1.5.2 Legislative privileges and fundamental rights: (Art. 105 & 194) Art. 105- privileges with the parliament Art. 194- privileges related to the state legislature freedom of speech is considered as a privilege in parliament. concept is taken from the British parliament. art. 105(1)- subject to the provision of the constitution of india and the rules and the standing orders regarding the procedure of the parliament there shall be freedom of speech in the parliament which is to be considered as a privilege. this article grabs absolute immunity from the courts for anything that is being said during the course of proceedings of the house or its committees. the member of the parliament is prohibited to repeat or publish any defamatory speech and if he does that he would be liable to be prosecuted under section 500 of IPC/ 356 of BNS. art. 121- it acts as one of the constitutional restriction on the freedom of speech which prohibits any kind of discussion in the parliament conserning any conduct of judicial body (judge of High court and supreme court in the discharge of their duty) except in a motion to present and address to the president for his removal is under a consideration of the house. art. 105(2)- the member of the parliament shall not be liable to any proceedings in the court in respect of anything said or any vote given by it in the Parliament or in any committee and also shall not be liable for any kind of report published by or under the authority of either house of the parliament. The protection under the article doesn't extend to any kind of publication made by a private person without the authority of the house of the parliament. 1.6. prime minister – not done
1.7 Coalition government:
Merits of coalition government:
there is an accommodation of diverse interest in the function of the government. coalition government acts as a channel to meet the expectations and redress the grievances of different groups. there are different cultures, languages, caste, religion and groups. This means that coalition governments have no representative in nature and reflect the popular opinion of the electorate. coalition government comprises of different political parties having their core ideology or agenda but the government policy requires a concurrence of all coalition parties or partners so therefore coalition government leads to the conscience based politics. coalition politics strengthens the federal system, this is bcoz a coalition government is more sensitive and responses to regional demands. coalition government reduces the chances of disspoting rules this is bcoz the reduced denomination and domination of a single political party in the function of the government. Demerits of coalition government: they are unstable, the difference of opinion among coalition members leads to the collapse of the goods. leadership of the prime minister is a principal of the parliamentary form of government. This principle in coalition of government is curtailed as the PM is required to concern the coalition partners before making any major decisions. The coordination committee of the coalition partners acts as a super cabinet and the role and the position of the cabinet in the functioning of the government machinery is supreme. there is a possibility of a smaller constituent of the coalition government playing the role of the kingmaker they can demand more than the strength. the leaders of regional parties bring regional facts in the national decision- making being pressurised the central execute to act on their line otherwise they could threaten to withdraw the position.
2 circumstances under which party is not considered as a defection:
- If entire political party merge with another i.e if new political party is formed by sum of elected members of one party or if he or she or other members of the party have not accepted the merger and oppt to function as a separate group of such merger.
- The decission of caution as to disqualification on ground of defection are referred to chairman or speaker of such house which subject to judicial review however the law doesn't provide a time frame within which preciding officer has to decide a defection case.
