Module- 3

Central Government
Contents
 Power and function of president,
 Power and function of vice president
 Power and function of Prime Minister
 Power and function of Central Council of Ministers
 Power and function of Cabinet Committee
 Parliamentary Committees, Parliamentary Forums, Parliamentary Group,
 Supreme Court, Judicial Review, Judicial Activism and Public Interest and Litigation.
• IMPACT OF GOVERNMENT POLICIES & IMPACT OF POLITICAL STABILITY ON
INDUSTRIAL OPERATIONS/EXECUTION
Power and function of Emergency Powers Executive
Powers
the President
Military Legislative
Powers Powers

Power and
Functions of
the President

Diplomatic Financial
Powers Powers

Judicial
Powers
 Executive Powers of the President
• Can take executive action of on behalf of the Government of India
• Can make rules specifying the manner in which the orders and other instruments made.
• Can make rule for more convenient transaction of business of the union government and for allocation of the said
business among the ministers.
• Can appoint the attorney general of India and determine his remuneration
• Can appoint controller and Auditor General of India, the chief election commissioner and other election commissioner,
the chairman and member of the UPSC, the governors of states, the chairman and member of finance Commission and so
on
• Can seek any information relating to the administration of the affairs of the Union, and proposal for legislation from the
Prime Minister.
• Can appoint a Commission to investigate into the condition of SC’s, ST’s and other backward classes.
• Can appoint an Interstate council to promote centre state and Interstate cooporation.
• Can declare any areas schedule area and hash power with respect to the administration of schedule area and tribal areas.
 Legislative Powers of the President

• He can summon or dissolve the Parliament .

• He can address the Parliament at the commencement of the first session after each general election and the first
session of each year.
• Can send message to the House of Parliament, w.r.t a bill pending in the Parliament or otherwise.
• Can nominate 12 members of Rajya Sabha (Person having special knowledge of literature, science, art and social
service.), 2 members to the Lok Sabha from the Anglo-Indian community.
• He can decide disqualification of members of parliament in the consultation with the Election commission.
• His prior recommendation (or Permission) require to introduce certain types of bills in the Parliament.
• He can give his assent or withhold or returned the bill either passed by a state legislature or send to President after
passing in the parliament.
 Financial Power

• Money bills can be introduced in the Parliament only with his prior recommendation.
• He causes to be laid before the parliament the annual financial statement. (i.e. the Union
Budget).
• No demand for a grant can be made except on his recommendation.
• He can make advances out of the contingency fund of India to meet any unforeseen expenditure.
• He constitutes a finance Commission after every 5 years to recommend the distribution of
revenues between the centre and the states.
 Judicial Power

• Appoint the Chief Justice and the judges of Supreme Court and high courts.
• Can seek advice from the Supreme Court on any question of law or fact.
• He can grant pardon, reprieve and remission of punishment, or suspend, remit or
commute the sentence of any person convicted of any offence:
– in all cases where the punishment or sentences by court martial
– in all cases where the punishment or sentence is for an offence against a union law
and
– in all cases where the sentence is a sentence of death.
 Diplomatic Powers

• The international treaties and agreements are negotiated and concluded on behalf of the
President.
• However, they are subject to the approval of the Parliament.
 Military Powers

• He is the supreme commander of the defence forces of India

• In that capacity, he appoints the chief of the Army, the navy and the Air Force.
• He can declare war or conclude peace, subject to the approval of the Parliament.

07/09/2024
Sample Footer Text 9
 Powers and functions of Vice President

• He acted as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions
are similar to those of the speaker of Lok Sabha.
• He acts as a President when a vacancy occurs in the office of the President due to his
resignation, impeachment, death or otherwise.
• He can act as President only for a maximum period of 6 months within which a new President
has to be elected.
• When the sitting President is unable to discharge his functions due to absence, illness or any
other cause, the Vice-President discharge his functions until the President resume his office.
 Powers and Function of Prime Ministers

In relation to council of members

• He recommends person who can be appointed as ministers by the President.
• He allocates and reshuffles various portfolios among the ministers.
• He can ask a minister to resign or advise the president to dismiss him in case of difference of
opinion.
• He presides over the meeting of Council of Ministers and influence its decisions.
• He guides, directs, controls, and coordinate the activities of all the ministers.
• He can bring about the collapse of the Council of Ministers by resigning from office.
 Powers and Function of Prime Ministers

In relation to the President

• He is the principal channel of communication between the President and the Council of Ministers.
• He communicate to the president all decisions of the Council of Ministers relating to the administration of the
affair of the Union and proposal for legislation.
• He furnish search information relating to the administration of the affairs of the Union and proposal for legislation
as the President may call for;

• He advise the president with regard to the appointment of important officials like attorney general of India,
Comptroller and Auditor General of India, chairman and member of the UPSC, election commissioners, chairman
and members of the finance Commission and so on.
 Powers and Function of Prime Ministers

In relation to Parliament
The Prime Minister is the leader of the Lower House. In this capacity, he enjoyed the following
powers:
1. He advises the President with regard to summoning and proroguing of the sessions of the
Parliament.
2. He can recommend dissolution of the Lok Sabha to President at any time.
3. He announced government policies on the floor of the house.
 Other Powers and Function of Prime Ministers
1. He plays the significant role in shaping the foreign policy of the country.
2. Who is the chief spokesperson of the Union government.
3. He is the crisis manager in chief at the political level during emergencies.
4. As the leader of the nation, he meets various sections of people in different States and receives memoranda from
them regarding their problems, and so on.
5. He is leader of party in power.
6. He is political head of the service.
 Appointment of President

• The President is elected not directly by the people but by members of electoral college consisting of:
• The elected members of both the Houses of Parliament;
• The elected members of the legislative assemblies of the states; and
• The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.
 Appointment of Vice-President
• The Vice-President, like the president, is elected not directly by the people but by the method of indirect election.
He is elected by the members of an electoral college consisting of the members of both Houses of Parliament.
• Thus, this electoral college is different from the electoral college for the election of the President in the following
two respects:
• It consists of both elected and nominated members of the Parliament (in the case of president, only elected
members).
• It does not include the members of the state legislative assemblies (in the case of President, the elected members of
the state legislative assemblies are included).
• The manner of election is same in both the cases. Thus, the Vice-President’s election, like that of the President’s
election, is held in accordance with the system of proportional representation by means of the single transferable
vote and the voting is by secret ballot.
 Appointment of Prime Minister

• The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister.
• Article 75 says only that the Prime Minister shall be appointed by the president.
• The President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.
• But, when no party has a clear majority in the Lok Sabha, then the President may exercise his personal discretion
in the selection and appointment of the Prime Minister.
• In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the
Prime Minister and asks him to seek a vote of confidence in the House within a month.
• If, on the death of an incumbent Prime Minister, the ruling party elects a new leader, the President has no choice
but to appoint him as Prime Minister.
 Functions of Central Council of Ministers.
• 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.
• The President may require the Council of Ministers to reconsider such advice and the President shall act in
accordance with the advice tendered after such reconsideration.
• The advice tendered by Ministers to the President shall not be inquired into in any court.
• A member of either house of Parliament belonging to any political party who is disqualified on the ground of
defection shall also be disqualified to be appointed as a minister.
• The council of ministers shall be collectively responsible to the Lok Sabha.
• A minister who is not a member of the Parliament (either house) for any period of six consecutive months shall
cease to be a minister.
• The salaries and allowances of ministers shall be determined by the Parliament.
 Functions of Cabinet Committees
• The Political Affairs Committee deals with all policy matters pertaining to domestic and foreign affairs.
• The Economic Affairs Committee directs and coordinates the governmental activities in the economic sphere.
• Appointments Committee decides all higher level appointments in the Central Secretariat, Public Enterprises,
Banks and Financial Institutions.
• Parliamentary Affairs Committee looks after the progress of government business in the Parliament.
 Parliament Committee

• A parliamentary committee means a committee that:

1. Is appointed or elected by the House or nominated by the Speaker / Chairman
2. Works under the direction of the Speaker / Chairman
3. Presents its report to the House or to the Speaker / Chairman
4. Has a secretariat provided by the Lok Sabha / Rajya Sabha
 Parliamentary Forums
1. Parliamentary Forum on Water Conservation and Management (2005)
2. Parliamentary Forum on Youth (2006)
3. Parliamentary Forum on Children (2006)
4. Parliamentary Forum on Population and Public Health (2006)
5. Parliamentary Forum on Global Warming and Climate Change (2008)
6. Parliamentary Forum on Disaster Management (2011)
7. Parliamentary Forum on Artisans and Crafts-people (2013)
8. Parliamentary Forum on Millennium Development Goals (2013)
 Parliamentary Groups
The aims and objects of the Group are
1. To promote personal contacts between members of the Parliament of India.
2. To study questions of public importance that are likely to come up before the Parliament; arrange seminars,
discussions and orientation courses; and bring out publications for the dissemination of information to the
members of the Group.
3. To arrange lectures on political, defence, economic, social and educational problems by the members of the
Parliament and distinguished persons.
4. To arrange visits to foreign countries with a view to develop contacts with members of other parliaments.
 Function of Parliamentary Group

1. The Group acts as a link between the Parliament of India and the various parliaments of the world.
2. Addresses to the members of the Parliament by visiting Heads of State and Government of foreign countries and
talks by eminent persons are arranged under the auspices of the Group.
3. To encourage bilateral relations, the Group constitutes Parliamentary Friendship Groups with other countries in
the Parliament.
4. The aims and objectives of the Friendship Group are to maintain political, social and cultural contacts between the
two countries and to assist in exchanges of information and experiences on issues relating to parliamentary
activities
 Composition of Supreme Court

• Supreme Court consist of 34 judges. Which include one chief justice and thirty three other judges.
Appointment of Judges
• The judges of the Supreme Court are appointed by the president.
• The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high
courts as he deems necessary.
• The other judges are appointed by president after consultation with the chief justice and such other judges of the
Supreme Court and the high courts as he deems necessary.
• The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.
 Qualifications of Judges
• 1. He should be a citizen of India.
• 2. (a) He should have been a judge of a High Court (or high courts in succession) for five years; or (b) He should have been an
advocate of a High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion
of the president.
 Tenure of Judges

1. He holds office until he attains the age of 65 years. Any question regarding his age is to be determined by such
authority and in such manner as provided by Parliament.
2. He can resign his office by writing to the president.
3. He can be removed from his office by the President on the recommendation of the Parliament.
 Functions of Supreme Court
1. Guardian of the Constitution:
- The Supreme Court acts as the guardian of the Constitution and ensures that all laws and actions by the government
are in line with its provisions.
- It has the power to strike down any law or government action that violates the fundamental rights guaranteed by the
Constitution.

2. Judicial Review:
- The Supreme Court has the power of judicial review, which allows it to review the constitutionality of laws and
executive orders.
- It can declare a law as unconstitutional if it violates any provision of the Constitution.

3. Appellate Jurisdiction:
- The Supreme Court has the power to hear and decide appeals from various lower courts and tribunals across the
country.
- It acts as the final court of appeal and has the authority to overrule decisions made by lower courts.
4. Advisory Jurisdiction:
- The President of India can seek the Supreme Court's opinion on any matter of public importance or on any legal
question.
- The Court's opinion is not binding, but it carries significant weight in the decision-making process.
5. Protection of Fundamental Rights:
- The Supreme Court safeguards the fundamental rights of citizens by ensuring that they are not violated by the
government or any other authority.
- It can issue writs, such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to protect these
rights.
6. Settling Disputes:
- The Supreme Court resolves disputes between the central government and state governments, as well as inter-
state disputes.
- It acts as an arbiter in matters relating to the interpretation of the Constitution and resolves conflicts between
different branches of the government.
Judicial Review is an essential aspect of the Indian legal system, which allows the judiciary to review the
constitutionality of laws and government actions. Here are some key points to consider regarding judicial review in
India:
1. Constitutional provisions: The power of judicial review is derived from Article 13 and Article 32 of the Indian
Constitution. Article 13 declares that any law that violates the fundamental rights of citizens is void, and Article
32 empowers the Supreme Court to issue writs for the enforcement of these rights.
2. Constitutional supremacy: In India, the Constitution is considered the supreme law of the land. It is the duty of
the judiciary to ensure that all laws and government actions are in compliance with the Constitution.
3. Role of the judiciary: The judiciary acts as a guardian of the Constitution and ensures that the executive and
legislative branches of the government do not exceed their constitutional limits. It has the power to strike down any law
or action that is found to be unconstitutional.
4. Writ jurisdiction: The Supreme Court and High Courts have the power to issue writs such as habeas corpus,
mandamus, prohibition, certiorari, and quo warranto. These writs are used to protect the fundamental rights of
individuals and to check the legality of governmental actions.
5. Public interest litigation: Judicial review in India is not limited to individual rights but also extends to public interest
litigation. This allows citizens and non-governmental organizations to approach the courts for the enforcement of public
rights and interests.
 Judicial Activism
Judicial activism is a concept that refers to the proactive role played by the judiciary in shaping public policy and interpreting the
law. In India, the judiciary has been known for its judicial activism, where the Supreme Court and High Courts have often stepped
in to fill gaps in legislation or address societal issues.
1. Definition: Judicial activism can be defined as the judiciary's willingness to interpret and apply the law in a manner that goes
beyond the traditional role of the judiciary. It involves the courts taking an active role in policy-making and addressing social
and political issues.
2. Constitutional mandate: The Indian Constitution provides a strong framework for judicial activism. The judiciary is
entrusted with the power of judicial review, which allows it to review the constitutionality of laws and executive actions. This
empowers the courts to strike down laws that are deemed unconstitutional.
3. Expanding the scope of rights: Judicial activism in India has played a crucial role in expanding the scope of
fundamental rights. The courts have interpreted the Constitution liberally to protect individual liberties and ensure social
justice. For example, the right to privacy, the right to education, and the rights of marginalized communities have been
recognized and protected through judicial activism.
4. Public interest litigation (PIL): One of the tools used by the judiciary to actively address societal issues is public
interest litigation. PIL allows any individual or organization to approach the court on behalf of the public interest, even if
they are not directly affected by the issue. This has opened the doors for the judiciary to address various social, economic,
and environmental issues.
5. Social reform: Judicial activism in India has also brought about significant social reforms. The courts have intervened
in matters such as women's rights, child labor, environmental protection, and corruption, among others. By taking an
active role, the judiciary has played a crucial role in shaping public opinion and forcing the government to take action.
6. Balancing act: The judiciary plays a delicate balancing act between the need for judicial activism and the preservation
of democratic principles. While it is important for the judiciary to step in when there are gaps in legislation or when
fundamental rights are at stake, it is also crucial to respect the roles of the other branches of government.
 Public Interest and Litigation

Public Interest Litigation (PIL) is an important aspect of the Indian legal system that allows individuals and non-
governmental organizations to raise issues of public importance in court. It serves as a tool for citizens to seek justice
and ensure accountability from the government and other institutions.
1. Definition: Public Interest Litigation refers to legal action initiated by an individual or a group on behalf of the
public interest. Unlike traditional litigation, PIL does not require the aggrieved party to be directly affected by the
issue at hand. It is aimed at addressing systemic problems and protecting the rights and interests of the general public.
2. Origins: PIL emerged as a judicial innovation in the 1980s when the Indian Supreme Court expanded the locus
standi (standing to sue) concept to allow any person to approach the court on behalf of the public interest. This served
as a means to overcome the limitations of traditional litigation, where only individuals directly affected by a situation
could seek legal redress.
3. Scope: PIL can cover a wide range of issues such as environmental protection, human rights violations, corruption,
healthcare, education, and more. It can be filed against government departments, public authorities, or even private
entities if their actions or policies affect public interest.
4. Procedure: PIL cases can be initiated in the High Courts or the Supreme Court of India. The court can take up a PIL
case either based on a letter or petition filed directly, or it can take suo moto (on its own) cognizance of a matter if it
deems it to be of public importance. The court may issue notices to the concerned parties, seek responses, and conduct
hearings to arrive at a decision.
5. Impact: PIL has played a crucial role in shaping Indian jurisprudence and bringing about significant social and policy
changes. It has been instrumental in addressing issues like bonded labor, child labor, environmental degradation, and the
violation of fundamental rights. PIL has also served as a check on executive power and has helped in ensuring
transparency and accountability in governance.
6. Challenges: While PIL has been a powerful tool for social justice, it also faces certain challenges. There
have been instances where PILs have been misused for personal or political gains, leading to the increased
scrutiny of motives and credibility. There is also a concern that excessive judicial activism through PIL may
encroach upon the domain of the executive and legislative branches of the government.