Union Government II
PRIME MINISTER
*Constitution not specified for selection of PM
*Article 75 Prime minister shall be appointed by president ;President has to appoint leader of Majority party in lok sabha
*When there is no majority president can apply his discretion
*That time President may first appoint PM then ask to prove his majority in LokSabha
*Supreme court judgement 1997 if PM is not member of either house he should become member of any house within 6 months
*Term -Not fixed, hold office during pleasure of president
*PM and Council of Ministers individual responsibility to President and collective responsibility to Loksabha
*Article78-PM acts as channel of communication between President and Council of Ministers
*He is defacto executive ie)original powers
*Oath administered by President
*If PM resigns entire Council of Minister will resign
RELATIONSHIP IN COUNCIL OF MINISTER
*He allocates minister and his portfolio
*He heads council of Ministers
*Cabinet meetings are headed by him
*He can ask minister to resign from his post or tell president to relieve that minister from council of minister
PM RELATIONSHIP TO PRESIDENT
*He is connecting channel for president and council of minister
*He tells to president who are all to appoint as minister and president appoint those ministers
*Advisor of President regarding Recommendations of some post
PM RELATIONSHIP TO PARLIMENT
*He can ask President to dissolve Loksabha when there is no majority
*He is a leader of house of ruling party
*He tells the decision of council of minister in Parliment
OTHER POWER AND FUNCTION
*He heads Niti Aayog
*He heads National Development Council
*He heads National Integration Council
*Heads Interstate Council
*Heads National Disaster council as per National Disaster Management act
*Heads National Water council
COUNCIL OF MINISTERS
*Article 74-Council of Minister to aid and advise the president
*Article 75 -Council of Minister on advise of PM appointed by President .Total no of Council of Minister should not exceed 15% of total member of LS (91st CAA 2003)
*When Loksabha passes a No Confidence Motion against Council of minister ,all ministers including those ministers who are member of Rajyasabha have to resign (collective responsibility)
*If Members of either house disqualified on the ground of Defection,also disqualified to be appoint as ministers
*Satisfaction of president-satisfaction of council of minister
*Oath administered by President
RIGHTS OF MINISTER
*Minister can speech in both Loksabha and Rajyasabha but he votes where he is member
TYPES OF MINISTERS
*There are 3 types of ministers they are Cabinet Ministers,Minister of State(Independent Charge), Minister of State or Deputy Minister
*Cabinet minister -Head important matters ,PM heads Cabinet,Play Important role in decision making and frame policies , Important ministries ,They attend cabinet meetings
*Minister of states Independent Charge-They work under supervision of cabinet ministers ,They not attend cabinet meeting but if they ask to attend cabinet meeting then they will attend ,They take care of independent portfolios
*Minister of State or Deputy ministers-They are not given independent charge but they assist cabinet minister in policy formulating they also not attend cabinet meeting
DIFFERENCE BETWEEN CABINET MINISTER AND COUNCIL OF MINISTERS
*Cabinet consists of Many senior minister and important portfolios while Council of minister consists of Cabinet Ministers,Minister of states and Deputy ministers
*Size of cabinet is around 15 to 20 while size of council of minister is around 70 to 80
*Cabinet meets frequently to frame policy and to discuss national importance while meeting between council of minister is rare
*They both are collective responsibility to Loksabha
SOME IMPORTANT FACTS ON PRIME MINISTER
*Long Term PM-Jawarharlal Nehru
*PM who nationalized banks-Indira Gandhi
*Dashkanth Treaty signed-Lalbahadur Sasthri
*PM who born on February 29-Moraji Desai
*Man of Peace-Lal Bahadur Sastri
*Term ended without facing Parliment-Charan Singh
*Born on Gandhi Jayanthi-Lalbahadur Sasthri
*PM who got Bharat Ratna(India) and Nizami Pakistani(Pakistan)-Morazi Desai
*Signed in simla agreement -Indira Gandhi
*India first atom bomb testing -Indira Gandhi
*Light of India foreign policy-Jawarharlal Nehru
*Jai Jawan ,Jai kissan told by Lalbahadur Sastri
*Jai jawan jai kisan jai vigyan said by vajbayee
*27%Reservation for OBC-VP Singh
*Drawing artist -VP Singh
*Poem writer -Vajbayee
*Appointed as PM after serving foreign administration-IK Gujral
*First south indian PM- PV Narasivarav
*PM who signed in money -Manmohan singh (When he appointed as RBI Governor )
*Spoke Hindi in UNO-Vajbayee
*November 19-Birthday of Indira Gandhi-National Integrity day
*December 23-Birthday of Charan Singh-Farmers day
*Two times interim prime minister-Kulsarilal Nandha
*PM for short term-Chandrasekar
*PM for 3 times -Vajbayee
*From various constituency elected-Vajbayee
CABINET COMMITEE
*Extra Constitutional bodies
*At 1994 13 cabinet Commitee
*At 2013 10 cabinet Commitee
*At present 6 Cabinet committee
*Political affairs , Economic affairs and Appointment Commitee chaired by PM
*Parlimentary affairs Commitee chaired by Home minister
*Security and accomodations Commitee
GROUP OF MINISTERS AND EMPOWERED GROUP OF MINISTERS
*This post abolished in 2014
COMPTROLLER AND AUDITOR GENERAL
*Article 148
*President appoints CAG and he is only be removed like impeachment of judges
*Term 6 years or 65 years of age
*CAG most important officer in Indian constitution said by Ambedkar
*Appleby said no need for the post of CAG
*Apex authority responsible for internal and external audit which audits Central and State
*To audit and report on all expenditure from Consolidated Fund of India, Contingency fund of India ,And all State Government expenditure
*Audit and report all profit and loss account of Department or public sector enterprise
*It's report laid on Parliment and is examined by the respective Parlimentary Commitee
ATTORNEY GENERAL OF INDIA
*Article 76
*Highest law officer of india
*Appointed by president of india on the recommendation of Union Government
*Eligibility-Should completed 5 years as judge of High Court or 10 years as advocate or eminient jurist(as per president knowledge)
*He can removed by president any time ,He can also give resignation to president ,He automatically remove from office when Government dissolves
*He is first law advisor for Union Government
*He can attend Parliment session but cannot vote
*He should proceed in any court in favour of Union Government
*He should not proceed in any court against Union Government
*He should not accept appointment as director in any corporation or company without permission of union Government
*He should not defend accused person's without permission of union Government
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