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(..17..)
THE UNION.
The powers of the Central Government are divided into three institutions viz.:-
A) Legislative (i.e. Lawmaking by Parliament).
B) Executive (i.e. execution of law and deciding policies and their
implementations by the President and the Prime Minister and Council of
Ministers).
C) Judiciary (i.e. to interpret and apply the law)
The following chapters discuss these three institutions separately (or
Components or Organs or Wings).
***
A) UNION EXECUTIVE: -
The function, which does not fall in the purview of the legislature or judiciary,
is an âexecutive functionâ. It is also described as an administrative function.
Union Executives:-
1 President of India (Arts. 52-62, 70 and 72).
2 Vice-President of India (Arts. 63-69).
3 Council of Ministers (Arts.74 and 75).
4 Attorney General of India (Art.76).
1) PRESIDENT OF INDIA: -
QUESTION BANK
.
Q.1. The President has been made the constitutional head of the executive and the
real executive powers are vested in the Cabinet- Analise the statement
Q.2. The Indian Constitution vests various powers in the hands of the President
subject to limitations explain.
Q.3. Discuss the position of President under the Indian Constitution. Can he
exercise discretionary power on his own?.
Q.4. Write a brief note on the powers, privileges and immunities of the President
of India.
Q.5. âThe President is one of the Constitutional or nominal heads of the executiveâ.
Critically examine referring to the decided cases.
Q.6 Discuss the constitutional status of the President of India.
Q.7 Explain the position and powers of the President of India under the
Constitution.
SHORT NOTES.
1. Presidentâs emergency power.
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2. The legislative power of the President.
3. Impeachment of President of India.
I. POSITION OF PRESIDENT:-
Art. 52 provides that âthere shall be a President of Indiaâ. He is the
Executive head of the State. He exercises his powers directly or indirectly through
the Council of Ministers in accordance with the provisions of the Constitution. In
India, the position of the President is similar to that of the Crown in England.
However, the President in India is a nominal head, and the real power vests in the
Council of Ministers, headed by the Prime Minister.
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Court Held: Art. 74 of the Constitution provides that âthere shall be a Council of
Ministers with the Prime Minister as its head to aid and advise the President, who
shall exercise his functions, and act in accordance with such advice.â This denotes
that the President in India is merely a nominal head of the State, and real power
vests with the Council of Ministers headed by the Prime Minister.
The Indian President's position is unlike that of the American President, who
is truly an executive head.
II. ELECTION OF PRESIDENT: -
The President of India is elected not directly by the people but by
indirect election. Art. 54 provides that the President shall be elected by an Electoral
College, consisting of: -
a. The elected members of both the Houses of Parliament, and
b. The elected members of the Legislative Assemblies of the states.
III
QUALIFICATION (ART. 58):-
The following qualifications are required to be elected as the President of India.
1. He should be a citizen of India.
2. He should have completed the age of 35 years.
3. He should be qualified to be elected as a member of the House of People and
4. He should not hold any office of profit in the Govt. of India or any State
Government.
IV. SALARY AND ALLOWANCES: -
entitled to a monthly Pension of Rs.1.5 lakh. In addition, he is permitted to spend
other allowances. He holds office for 5 years (Art. 56) and is eligible for re-election
(Art. 57).
V. PROCEDURE FOR IMPEACHMENT (I.E. REMOVAL) OF THE
PRESIDENT (ART. 61): -
The President may be removed from office before the expiration of his
term for violating the Constitution. He can be removed by impeachment.
For Impeachment:-
1.
The charge against him may be preferred by either House of Parliament,
1 AIR 1955 SC 549.
1 Hiked by 2018 budget.
2 i.e. 22.5 million rupees.
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in the form of a resolution, which can be moved only after,
a) Giving at least 14 days of written notice signed by not less than Âź of
the total number of members of the House.
b) Such a resolution should be passed by a majority of not less than two-
thirds of the total membership of the House.
2.
The other House then investigates such charge. The President has the
right to appear and be represented in such an investigation.
3. If the other House, after investigation, passes a resolution by a 2/3rd
majority, declaring the charge is proved - it affects the removal of the President
from his office from the date on which the resolution is so passed.
VI. PRIVILEGES OF THE PRESIDENT (ART. 361):-
The following are the privileges of the President: -
1. The President is not answerable to any court-
President is not answerable to any court for the exercise and
performance of the powers and duties of his office or for any act done by him in
the exercise and performance of those powers and duties. However, the conduct of
the President may be brought under review by any Court, Tribunal or body
appointed by either House of the Parliament for the investigation of a charge under
Art.61 (above).
2. No criminal proceeding can be instituted or continued against the President in
any court during his term of office.
3. No process for arrest or imprisonment of the President can be issued from any
court during his term of office.
4. No civil proceeding in which relief is claimed against the President can be
instituted during his term of office in any court in respect of any act done (or
purporting to be done) by him in his personal capacity, whether before or after he
entered upon his office as a President, until: -
a). A notice in writing has been given to the President.
b). Two months have passed after the service of such notice, and
c). The notice states the nature of the proceeding, the cause of action, the
name, residence, and description of the party taking the proceeding, as well as the
relief claimed.
VII. POWERS OF THE PRESIDENT:-
1. Executive Powers: -
He is the executive head of the State. All executive functions are
executed in the name of the President. He has the power to appoint,
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i. Prime Minister and, on his advice, other Ministers of the Union.
ii. Judges of the Supreme Court and High Courts.
iii. Governor of the State,
iv. Attorney General,
v. Comptroller and Auditor-General, etc.
These officials hold their offices at the pleasure of the President, which
means the President has the power to remove them from office at any time.
2. Military Power:-
He is a Supreme Commander of the country's defence forces. However,
this power is subject to regulation by a law passed by the Parliament.
3. Diplomatic powers: -
He sends and receives Ambassadors and other diplomatic representatives
as the head of State.
4. Legislative powers: -
Lawmaking power (i.e. Legislative power) in India is vested in the
Parliament. The president is a component of Parliament and enjoys extensive
legislative powers. He resolves the conflict between both Houses about passing the
ordinary Bill by convening a joint session (Art. 108). Every Bill passed in both
Houses of Parliament will be sent to the President for his assent (Art. 111). He has
the power to summon and prorogue (adjourn) the session of the Parliament, and he
can dissolve the Lok-Sabha (Art. 85).
i. Ordinance Making Power;
Art. 123 confers the president with ordinance-making power. When
both Houses of Parliament are not in session and the President finds it necessary
to take immediate action, he may issue an ordinance. Such an ordinance shall have
the same force as an Act passed by the Parliament.
ii. Pardoning power: -
Art. 72 of the Constitution empowers the President to pardon the
sentence of any person convicted of any offence.
Supreme Court Held:- that the President exercises power to pardon in
appropriate cases and on the advice of the Council of Ministers.
5. Emergency power (Art. 352-360):-
Articles 352 to 360 empower the President with enormous emergency
powers. The emergencies envisaged under the Constitution are of three kinds, viz.
2 (1981) 1 SC 107.
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Emergency arising out of war, etc.
Emergency due to failure of Constitutional machinery in the State and
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i)
ii)
iii. Financial emergency;
The president can declare these emergencies if satisfied that the
abovementioned circumstances have arisen.
***
2) VICE-PRESIDENT OF INDIA (ART. 63 AND ART. 69).
There shall be a Vice-President of India (Art. 63)
a) His election: -
Members of both Houses of Parliament elect the Vice-President at a joint
session by secret ballot, using a single transferable vote in accordance with the
system of proportional representation.
b) His qualification: -
The qualification of the Vice-President is the same as that of the President,
except he should be eligible for election to the Rajya-Sabha (Art. 66 (3) (c)).
c) Terms of office (Art. 67): -
The term of his office is five years. However, he may resign from his office
before the expiry of the normal term. A resolution of Rajya Sabha may also remove
him, as passed by a majority of the House members and agreed to by a majority of
the Lok-Sabha. Such a resolution can be moved only after giving 14 days' notice
of the intention to move the resolution. (Art. 67).
d) Functions of the Vice-President:-
1. The Vice-President of India shall be ex-officio (i.e. by his office)
chairman of the Rajya-Sabha (Art. 64). His normal function is to preside over the
meetings of the Rajya-Sabha. However, since he is not a member of Rajya-Sabha,
he has no right to vote.
2. Whenever any vacancy occurs in the office of the President because
of his death, resignation, removal, etc., he acts as President until a new President
is elected (Art. 75).
3. When the President fails to discharge his functions owing to absence,
illness or any other cause, the Vice-President shall discharge his functions until the
date the President resumes his duties.
***
3). THE COUNCIL OF MINISTERS:
Art. 74 (1) of the Constitution provides that there shall be a Council
of Ministers with the Prime Minister as its head to aid and advise the President in
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the exercise of his functions, who shall, in the exercise of his functions, act in
accordance with the advice (given by the Prime Minister and Council of Ministers),
according to Art. The President appoints 75 (1) Prime Ministers, and the other
Ministers are appointed on the advice of the Prime Minister. A member of either
House of Parliament is appointed as the minister. Even a non-member of either
House can be included in the Council of Ministers, subject to the condition that he
should get elected to either House of Parliament within six months of assuming
office as the minister.
The Council of Ministers consists of three categories of Ministers, viz.
Ministers of Cabinet rank, Ministers of State, and Deputy Ministers. Cabinet rank
Ministers are heads of their departments such as the Law and Judiciary
Department, Home Minister, Railway, Agriculture etc. However, not all ministers
are members of the Cabinet (because the Cabinet is the smaller body of the Council
of Ministers). They attend the Cabinet meetings when specially invited by the
Prime Minister and when the Cabinet discusses matters concerning their
department. Ministers of State are formerly of Cabinet status, paid the same salary
as the Cabinet Minister, and hold independent charge of their department. Deputy
Ministers are paid a lesser salary than the Cabinet-rank ministers and have no
separate departmental charge. Their task is to assist the ministers they are attached
to in their administrative duties.
âCabinetâ is the smaller body of the Council of Ministers. We may say that it
is the nucleus of the Council of Ministers. Though the Indian Constitution does not
mention the word âCabinetâ, it does incorporate the essentials of the Cabinet
system of the British Government. The Cabinet is the supreme policy-making
body. The Council of Ministers is usually a large body of ministers of various
ranks, such as Cabinet Ministers, Ministers of State, and Deputy Ministers.
However, the Council of Ministers never meets to discuss policy matters.
However, within the large body of the Council of Ministers, there exists a smaller
body known as the âCabinetâ, which is, in fact, a real driving body and policy
maker for the nation. The Cabinet ministers are the members of the Cabinet, while
a Minister of State may attend a cabinet meeting when a matter relating to their
department is being called. The cabinet decides major policy questions for the
nation. Its decisions are binding on all Ministers. The Cabinet coordinates
administrative action and sanctions legislative proposals. The Cabinet's primary
function is to formulate government policies for the nation's governance, enact
them into law by legislatures, and carry out executive functions accordingly. Thus,
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the Cabinet is the body where much power is concentrated. The Council of
Ministers shall be collectively responsible to the House of the People.
Collective Responsibility:-
In conclusion, the Indian Constitution provides for a Council of Ministers, with
the Prime Minister as their head to assist and advise the President. The President
shall be bound by such advice. The cabinet is another body consisting of senior
Ministers from the Council of Ministers. The Cabinet is the supreme policy-
making body for the nation. It advises the President. All Ministers as a whole never
meet, but the Cabinet can call individual ministers before if any question
concerning his department is being discussed.
Art. 75 (3) lays down that âthe Council of Ministers shall be collectively
responsible to the House of People. (i.e. Lok-Sabha)â. The principle of collective
responsibility means the Council of Ministers as a body is responsible to the Lok-
Sabha for the general conduct of the affairs of the Government. The Council of
Ministers works as a team, and decisions made by the Cabinet are treated as joint
decisions made by all its members. No matter their personal differences of opinion
within the Cabinet, once the Cabinet takes the decision, it is the duty of each and
every minister to stand by it and support it both in the legislature and outside.
Thus, the only alternative for the minister unwilling to support and defend the
Cabinet is resigning from the ministry.
***
4). PRIME MINISTER.
QUESTION BANK
Q.1Explain the position of âThe Prime Minister of India fullyâ under the
Constitution.
Q.2 Discuss the position of the Prime Minister of India under the Constitution.
Examine his relationship with the council of ministers.
Q.3Consider in full the constitutional position, functions, and duties of the Prime
Minister of the Indian Constitution.
A) THE POSITION AND POWERS:-
Prime Minister is the head of the Council of Ministers (Art.74 (1)). Art.
75(1) provides that âthe President shall appoint the Prime Minister and the
President shall appoint other ministers on the advice of the Prime Minister. In other
words, the President shall act according to the advice of the Prime Minister and the
Council of Ministers in his decision-making.
In the mechanism of the parliamentary form of Government, the Prime
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Minister occupies a crucial position. He is the keystone of the Constitution. He is
the leader of the majority party in the Lok-Sabha and of the Council of Ministers.
He is the only link between the President and the Council of Ministers. He is
responsible for appointing ministers and allocating work among them. He can
compel the resignation of a minister. The Prime Ministerâs resignation would
automatically amount to the resignation of all ministers. Thus, the Prime Ministerâs
position is of great power, influence and prestige.
B) DUTIES OF THE PRIME MINISTER (ART. 78): -
Following are the duties of the Prime Minister-
1. Duty to communicate all decisions of the Council of Ministers to the President
relating to the administration of affairs of the Union and proposals for legislation.
2. Duty to furnish such information relating to the administration of affairs of the
Union and the proposals for legislation as the President may call for.
3. The duty to submit for consideration to the Council of Ministers any matter on
which a minister has made a decision but has not been considered by the council.
***
5). THE ATTORNEY GENERAL OF INDIA. (ART.76)
a) Appointment and qualification: -
The president appoints the Attorney General of India. A person qualified
for the post of Supreme Court Judge can be appointed as the Attorney General
(Art.76 (3)). He holds the office at the president's pleasure.
b) Functions of Attorney-General:-
1) It is his duty to advise the Government of India upon such legal matters as may
be referred (and perform such other duties of a legal character as may be
assigned) to him by the President from time to time.
3) He also discharges the functions conferred on him by or under the Constitution
or any other law.
4) He must also appear on behalf of the Government of India in all cases before
the Supreme Court in which the Government of India is a party.
5) He also represents the Government of India in any reference made by the
President to the Supreme Court under Art.143.
6) He is also required to appear in the High Court in any case in which the
Government of India is a party.
UNION LEGISLATURE (PARLIAMENT)
QUESTION BANK.
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Q.1. Explain the power, privileges and immunities of Members of Parliament. To
what extent the court can interfere in their privileges?
Q.2. Discuss the legislative process of Parliament?
Q.3. Explain fully the general procedure regarding Presidents assents to Bills?
Q.4. Define Money Bill âDiscuss the special procedure for passing of money
Bills?
SHORT NOTES.
1)
2)
3)
4)
Parliamentary form of Government?
The Council of States?
House of the People?
Controller and Auditor General of India?
I. COMPOSITION OF PARLIAMENT: -
The parliamentary form of Government is also known as the Cabinet form of
Government or Westminster Model. Our Parliamentary system is based on the
British Model. Parliament of India consists of three organs, viz.âPresident, Council
of States (i.e. Rajya Sabha), and the âHouse of the People ((i.e. Lok â Sabha).
Though the President is not a member of either House of the Parliament, like the
British Crown, he is an integral part of the Parliament. He performs certain
functions like summoning both Houses of Parliament, giving assent to Bill,
dissolving the House of People, etc. However, like the Indian President, the
American President is not part of the legislature.
Though the Indian Constitution provides for a Parliamentary form of
Government based on the British (i.e. Westminster) system, it differs from the
British Parliament in the sense that the Indian Parliament is not supreme like the
British Parliament. In India, the Constitution is supreme. Laws passed by the
British Parliament cannot be declared unconstitutional by any court, but in India,
the Supreme Court can declare laws passed by the Parliament unconstitutional.
Indian Parliament is the creature of the Constitution and derives all its powers from
it.
A). RAJYA SABHA: - (THE COUNCIL OF STATES)
The Council of States, or Rajya Sabha, is the Upper House of the
Parliament.
a) Composition: -
The maximum membership of the Rajya Sabha is fixed at 250, out of which
the President shall nominate 12 members, and the remaining 238 members shall
be representatives of the states and the Union Territories (Art. 80 (1)). Members
of the State Assembly elect the representatives of the states. 12 persons nominated
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by the President are chosen from the persons with special knowledge or practical
experience in literature, science, art, and social services (Art. 80(3)). However,
nominated members cannot participate in the election of the President of India.
b) Chairman and Deputy Chairman of Rajya â Sabha.
The Vice President of India shall be the ex-officio (by virtue of his office)
Chairman of the Rajya Sabha. The Rajya Sabha shall also elect a member of the
same House to be a Deputy Chairman (Art. 89). In the chairman's absence, the
deputy chairman performs all his functions and duties.
Rajya Sabha is a permanent House. It is not subject to dissolution with
Lok-Sabha. Its members are elected for a period of 6 years, but one-third of its
members retire every two years.
c) Utility of Rajya Sabha: -
Rajya Sabha enjoys a position inferior to Lok-Sabha. A money bill can
only be introduced in the Lok-Sabha. It is because the people do not directly elect
their members. A no-confidence vote cannot be passed against the Government by
the Rajya Sabha. Therefore, a question about Rajya-Sabhaâs utility is raised, and a
suggestion is made for its abolition.
Nevertheless, it fulfils the following purposes: -
1. Senior politicians and statesmen might get easy access to it without undergoing
a general election, and their talent and experience can be utilised for the public
interest.
2. That it acts as a check on the power of Lok-Sabha, which, being a popular
House, may be tempted to act hastily, keeping given the public opinion.
3. That the States get representation through the Rajya Sabha.
B) LOK-SABHA (I.E. THE HOUSE OF PEOPLE).
Lok-Sabha is a popular House. It is known as âThe House of Peopleâ or
âThe Lower House of the Parliament.
a) Composition: -
The maximum number of its members is fixed at 548 (subject to Art. 331), out
of whom: -
a) Not more than 530 are elected by the votes in the states.
Representatives are elected directly by the people of the state or union territory
3
The following clause (i.e. clause C) is abolished by the 104th Amendment of the Constitution in 2020âŚ
â
c) Under Art. 334, the President may nominate not more than two members of the Anglo-Indian
community if in his opinion that community is not adequately represented in Lok-Sabha.â
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based on adult franchise.
b) Duration of the Lok-Sabha:-
Unless earlier dissolved, the Lok-Sabha continues for five years.
However, when the proclamation of emergency is in operation, the law passed by
the Parliament may extend the life of the Lok-Sabha for one year at a time. The
Lok-Sabha, of which life has been so extended, cannot continue beyond six months
after the emergency proclamation has ceased to operate (Art. 83 (2)).
II. MEMBERS OF PARLIAMENT: -
A) Qualification (Art. 84): -
A person being elected as a Member of Parliament shall be
a) a citizen of India.
b) not less than 30 years of age in the case of the Council of States
and not less than 25 years of age in the case of the House of the people.
c) Possessing such qualification as may be prescribed by the Parliament.
B) Disqualification: -
A person is disqualified from being elected and continuing as a Member of
Parliament if he suffers from any of the following disqualifications (Art. 102):-
a) If he holds any office of profit under the Central or the state government.
b) If he is of unsound mind and a competent court has declared him so.
c) If he is an undischarged insolvent.
d) If he is not a citizen of India or has voluntarily acquired citizenship in a
foreign state,
e)
If he is so disqualified under any law made by the Parliament.
However, a person is disabled from becoming a) a member of both
Houses of Parliament at one time or b) a Member of Parliament as well as of the
state legislature (Art. 101).
C) Powers, Privileges and Immunities of members of PARLIAMENT:
(ArTâS. 105 to 106).
Powers, privileges and immunities of the Members of Parliament are: -
1. Freedom of Speech: -
The essence of parliamentary democracy is free, frank and fearless discussions
in the Parliament. Therefore, no Member of Parliament is liable to any proceeding
(civil or criminal) in any court for anything said or any vote given in the Parliament
or a committee thereof. This freedom, however, is subject to the provisions of the
Constitution.
2. Publication under Parliamentary authority (Art. 105 (2)).
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Art. 105(2) provides that no person is to be liable for any proceedings in any
court concerning the publication of any report, paper, vote or proceeding by or
under the authority of Parliament. However, if the publication is made without the
authority of the Parliament, such a member becomes liable.
3. Freedom from civil arrest: -
A member cannot be arrested on a civil proceeding within 40 days before
and 40 days after a session of the House. This privilege extends only to civil arrest
and not to arrest on criminal charges and for contempt of court.
4. Privacy of debates: -
A House of Parliament has a right to exclude strangers from its proceedings
and hold its sitting in camera. The House may use this power to go into secret
session for national security reasons.
5. Freedom from giving evidence: -
Members of Parliament may decline to give evidence and appear as
witnesses in a court of law when Parliament is in session.
II. LEGISLATIVE PROCESS OF PARLIAMENT: -
The essential function of the Parliament is lawmaking. The legislative
procedure is initiated in the form of a Bill. A Bill is a draft of the proposed law.
There is a difference in the procedure for passing bills. The Bills are of two types
(i) Ordinary Bill and (ii) Money Bill.
1. Process for the passing of Ordinary Bill (Art. 107)
a) Its Origination â
An ordinary Bill is a Bill other than a money bill. It may originate (introduced)
in either House of Parliament. Both Houses of Parliament should pass the Bill,
which can only be sent for the Presidentâs assent. The president assents to it,
making it the law.
b) It's Passing â
When the ordinary Bill is passed in one House and then sent to the other House
for its assent, the latter may adopt one of the following four options-
i)
Agree to the Bill; or,
ii)
Reject the Bill altogether or,
iii) Pass the Bill with an amendment or,
iv) Withhold the Bill (without passing). However, if the other House
withholds the Bill for up to 6 months, the President may summon both Houses of
Parliament. If at the joint sitting of the two Houses, the Bill is passed by a majority
of the total number of members of Both the Houses present and voting, it shall be
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deemed to have been passed by both Houses (Art. 108 (4)).
c) Presidentâs Assent.
Even though both Houses of Parliament passed the Bill, it would not
become law unless assented to by the President. According to Art. 111, when both
Houses of Parliament pass a Bill, it is sent to the President for assent. Then the
President may either-
a) give his assent to the Bill, or
b) he may withhold his assent (vetoing of Bill), or
c) he may return the Bill, suggesting amendments to it.
Then, the House shall reconsider the Bill.
However, if the Bill is again passed by the Houses (with or without amendment)
and presented to the President for his assent, he shall give his assent to it.
However, when the President withholds the Bill in case (b), it is vetoing
of the Bill; however, if the President does not veto it but sends it back to the House
for reconsideration, the power of veto finishes.
2. Money Bill and Process for passing it: -
Since finance is an important factor in society's welfare, it has been given
special consideration and importance.
A) Money Bill Defined (Art. 110(1)) â
A money bill deals only with any of the following matters: viz.
a) Tax â
Imposition abolition, remission, alteration, or regulation of any tax.
b) Government borrowing: - Regulation of the borrowing of money or the
giving of any guarantee by the Government of India,
c) Consolidated Fund: -
i) Custody of the consolidated or contingency fund, as well as the payment or
withdrawal from such funds.
ii) Appropriation of money from India's consolidated fund.
iii) Declaration of any expenditure to be charged on the consolidatedfund
India.
of
iv) Receipt of money on account of the consolidated fund of India or the Public
account of India or the custody or issue of such money or the audit of the accounts
of the Union or the states.
d) Incidental matters: -
Any matter incidental to any of the matters mentioned above. But a Bill is not
a money bill by reason that it provides for â
a) Imposition of fine or other pecuniary penalties, or
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b) Payment of fees for licence or services rendered, or
c) Imposition, abolition, remission, alteration or regulation of any tax by any
local authority or body for local purposes (Art. 113(2))
If any question arises as to whether the bill is a money bill, the decision of the
Speaker of the Lok-Sabha is final. Therefore, when the money bill is sent to the
Rajya Sabha or the President for assent, a certificate from the Speaker stating that
it is a money bill shall be endorsed on it (Art. 110 (4)).
B) Procedure in respect of the passing of money Bill :-
a) Its Origination: -
A money bill can only be introduced in the Lok Sabha and not in the
Rajya Sabha (Art. 109 (1)). It can only be introduced with the president's
recommendation.
b) It's Passing: -
i) After the Lok-Sabha passes the money bill, it is sent to the Rajya Sabha for its
recommendations.
ii) Rajya Sabha should return the Bill to the Lok-Sabha within 14 days from the
receipt of it with its recommendation; if not returned within 14 days, the Bill is
deemed to have been passed in the Rajya Sabha.
iii) Lok-Sabha may either accept or reject all or any of the Recommendations of
the Rajya Sabha. If Lok-Sabha accepts any of the recommendations made by the
Rajya Sabha or rejects all the recommendations, the Bill shall be deemed passed
by both Houses.
c) Presidentâs assent (Art. 111):-
The procedure for passing a money bill is the same as for an ordinary bill with
minute changes. In the case of a money bill, the President may either give his assent
or refuse his assent. In the case of an ordinary bill, he can also refer the bill back
for reconsideration with amendments.
C). The distinction between âMoney Bill and Financial Billâ: -
The only similarity between a âMoney billâ and a âFinancial Billâ is that they
can only originate in the Lok Sabha, and the Presidentâs recommendation for their
introduction is required.
Following are some of the differences between a âMoney billâ and a âfinancial
billâ viz. â
1. All âMoney Billsâ are financial bills, but all financial bills are not money bills.
2. A money bill is a bill which contains only matters mentioned in Art. 110(1).
Whereas a financial bill deals with not only matters mentioned under Art. 110(1),
âLaw Masterâs Publicationâ
âThe Unionâ
Prof. Santosh D. Bhosale 117
but other matters also.
3. Rajya Sabha can not reject money bills. Unlike ordinary bills, financial bills
can be rejected by the Rajya Sabha.
4. The money bill for its passing requires special treatment. In comparison, a
financial Bill is passed as an ordinary bill.
Thus, except for the above special procedure, financial bills are treated
as ordinary bills.
SHORT NOTE.
1). COMPTROLLER AND AUDITOR GENERAL OF INDIA (ART. 148 â
151).
A) His appointment, salary and removal: -
There shall be a Comptroller and Auditor General of India. The President of
India appoints him. His salary is charged to India's consolidated fund. He may be
removed from his office in the same manner and on similar grounds as a Judge of
the Supreme Court (Art. 148).
B) Duties and powers (Art. 149 to 151).
Following are the powers and duties of India's Comptroller and
Auditor General.
1). He has to perform such duties and exercise such powers in relation to the
Union's and the States' accounts as may be prescribed by or under any law
made by the Parliament (Art. 149).
2). As an accountant, he controls all withdrawals of money disbursed by the
Central or the State Governments (Art. 150).
3). He shall keep the Union and the States' accounts as prescribed by the President
(Art. 150).
4). He has to prepare a report relating to the accounts of the Union and submit the
same to the President. Likewise, he has to prepare a similar report regarding
the States and refer it to the concerned Governor (Art. 151).
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