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The Union Parliament: Functions
and responsibilities
1.0 INTRODUCTION
The Parliament of India consists of the President, the Lok Sabha and the Rajya Sabha. The Rajya Sabha is the upper house which is also known as the Council of States. The Lok Sabha which is the lower house is called the House of the People. The President of India is an integral part of the Indian Parliament, but he is not a member of it.
2.0 THE PRESIDENT OF INDIA
Important provisions of the Indian constitution dealing with the constitution, functions and responsibilities of the President of India are:
Art.52 – The President of India
Art.53 – Executive Power of the Union
Art.54 – Election of President
Art.61 – Procedure for Impeachment of the President
Art.72 – Pardoning powers of President
Art.74 – Council of ministers to aid the President
Art.75 – Appointment of PM and Ministers
One of the most important parts of the Indian parliament is the President of India. He summons and prorogues the sessions of both houses of the Parliament, and can even dissolve the Lok Sabha. A bill passed by the Parliament can become a law only after the president puts his/her signature on it.
At the commencement of the first session after each general election of the Lok Sabha and at the commencement of the first session of each year, the president addresses both houses of the Parliament sitting together. He also has the powers to nominate some members to the Parliament.
2.1 Election of the President of India
During the framing of the Constitution, there was a lot of debate on what would be the best method for election of the President of India. The main the deliberations of the Constituent Assembly for determining indirect Presidential election centered around the following:
- In a Parliamentary democracy, the office of the President is a technical one and its duties are largely prescribed by the Legislature. This requires specific competence for the performance of the duties from the incumbent. Voters, by and large, would not posses the wisdom to judge wisely the technical abilities of the candidates for any particular office which has specific, limited and defined functions.
- Secondly, in case of a direct election, the Presidential candidate will certainly be affiliated to some political party which may cause political excitement and generate party feelings. This will create a situation where the ideal of getting a non-party man outside the turmoil of party passions and reasonably respected by all factions to assume the role of the head of the State will be defeated.
- Lastly, a directly elected Chief Executive may not be content with his position of a mere constitutional head and can claim to derive his authority directly from the people. So, if he wanted to assume real power, it would lead to a constitutional deadlock and an inevitable clash with the Cabinet or real executive. This would definitely produce a confusion of responsibility.
Such a contingency had happened when under the French Constitution of 1848 the President of the French Republic, Louis Napoleon, was elected by the direct vote of the people, and by exploiting this system, he had overthrown the Republic to establish the empire with himself as emperor. To prevent the recurrence of such a contingency, the French people in their later constitutions discredited and abandoned the system of electing the head of State by the direct vote of the people.
The question was considerably debated in the Constituent Assembly. It was argued by many members that the electoral college consisting of the elected members of Central Legislature as well as those of the Legislative Assemblies of the States was not sufficiently representative of Peoples' will. Some members, therefore, favoured the system of direct election by the people instead of an indirect round-about method, because such a system would be most democratic and it would make the President a direct choice of the nation. This was, however, not accepted.
Middle Course: The framers of the Indian constitution choose a middle path to make the Presidential office more broad-based. The process of election of the President of India is original and no other Constitution contains a similar procedure. The electoral college for Presidential election has been expanded so as to include the elected members of the State Assemblies all over India, which means that the President is chosen by the nation as a whole, indirectly, through the elected representatives of the people and is thus not the representative of a particular constituency but of the nation. Through this device he is also not necessarily to be a man of the majority party in Parliament. This has also the additional advantage of investing the President with greater moral independence and authority which would have not been possible, had he been a man virtually elected by the majority party in Parliament.
This indirect election of the President of India takes place with the participation of both directly elected members of Lok Sabha and Legislative Assemblies, and indirectly-elected members of Rajya Sabha. Each citizen of India is represented in Parliament and the State Legislative Assembly, because, the members of Lok Sabha and MLAs are elected on the basis of universal adult suffrage. The members nominated by the President have no right to vote in this election. Similarly, the members of the Legislative Councils of the State Legislatures, wherever they exist, have also been excluded from the electoral college.
2.2 Roles and authorities
The supreme command of the defence forces of the Union is vested in the President but the exercise of the supreme command is to be regulated by law. The executive power of the Union is vested in the President. Yet he is intended to stand in relation to the Union administration substantially in the same position as does the King under the English Constitution. He is nominal or constitutional head of the Government. His position is not like that the President of the United States of America who is the real executive head, and exercises the powers vested in him under the constitution on his own initiative and responsibility. In the context of the legislative executive relations established by the provisions of the Constitution, the presidential form of government as prevailing in America is ruled out and it is parliamentary type of government that is provided by the constitution of India.
2.3 Constitutional position of the President of India
To understand the constitutional position of the President of India the relevant provisions are Article 53, 74, and 75. Article 53 vests the executive power of the Union in the President, but he is required to exercise his powers in accordance with the constitution. Article 74 provides that there shall be a Council of Ministers to aid and advise the President in the exercise of his functions. Art 75(iii) lays down that the Council of Ministers shall be collectively responsible to the House of the People. There is no provision in the constitution which makes the President answerable to the legislature.
The constitutional position of the President of India has been the subject matter of a lot of debate in the past. The working of the Constitution since 1950 has beyond any doubt established that the President is a figure-head while the Council of Ministers wields the real executive power. There has not been a single case when the President might have vetoed a bill passed by the two Houses or refused to accept ministerial advice on any point. Pt. Nehru, the first Prime Minister of India, made the position clear repeatedly by asserting that the responsibility for any policy was entirely that of the government which was responsible to Parliament, which in turn was responsible to the people and that the President was a constitutional head who did not oppose or come in the way of anything.
The Supreme Court has also expressed the view that our Constitution has adopted the English system of a parliamentary executive, that the President has been made a formal or constitutional head of the executive and that the real executive powers are vested in the Ministers or the cabinet.
2.4 The 42nd amendment
Whatever doubts that remained were put to rest with the Forty-second Amendment of the Constitution in 1976. Article 74 was amended and stated that “there shall be a council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice”. The Forty-fourth Amendment of the Constitution in further added a proviso stating 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.”
Hence the current position is that the President has to act on the advice of the Ministers but he can ask them to reconsider their advice and if after reconsideration, the Ministers decided to act against the advice of the President they can do so under the law.
2.5 Not a complete non-entity!
However the President is not a complete non-entity or an ineffective symbol. In exceptional and abnormal situations he may have a marginal discretion in some matters, as for example, dissolution of the Lok Sabha, dismissal of Council of Ministers, appointment of the Prime Minister etc. In days of crisis, any of these matter may assume a great importance and his decision may have a profound impact on the country’s destiny. In addition, he is empowered to be informed about the country’s affairs. The Prime Minister is obligated 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.
The Prime Minister is under a duty to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for. As the nominal head of the Union Executive, he has the right to be informed and to call for any information that he may desire. The President may require the Prime Minister to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister alone without consulting the Council of Ministers. This provision in effect is designed to enforce the principle of collective responsibility among the Ministers. In all these matters, obviously, the President acts on his own responsibility without ministerial advice. But, above all, the President can exercise a persuasive influence on the Ministers and help them by his advice and experience. Like the British Sovereign, the role of the President is “to advice, encourage and warn Ministers in respect of the recommendations which they make”.
2.6 Powers of the President
The President of India is the head of the nation but not the head of the Government. He is the head of the nation, but does not govern the nation. Our Union Council of Ministers headed by the Prime Minister is the real executive. The powers of the President can be divided into executive, legislative and financial matters.
Executive Power: All executive powers of the Union of India are vested in the hands of the President. He can exercise these powers either directly or through the subordinate officers. According to the Constitution of India, all executive action is also taken in his name. The President appoints the Governors of the States, the Judges of the Supreme Court and High Courts of the States. The Prime Minister of India is appointed by the President. The President also appoints other Ministers in consultation with the Prime Minister.
Some important officers of the Union Government appointing the President of India including the Attorney-General for India, the Comptroller and Auditor-General of India, the Chairman of the Finance Commission, the Election Commissioners etc. He is also responsible for the administration of the Union Territories. For this reason, he appoints Chief Commissioners and Lieutenant Governors of the centrally administered areas. The President has been empowered to set up a Commission for the settlement of disputes relating to the supply of water between two or more States.
The Constitution also authorizes the President to establish an Inter-State Council to enquire into disputes that may arise between, the States as well as to discuss the matters of the common interests between the Union and the States. The President alone can remove the Council of Ministers, the Governors of States and the Attorney-General for India. The President of India is Supreme Commander-in-Chief of the Army, Navy and the Air Force of the Union. He has the power to declare war.
The President also enjoys diplomatic power. He appoints the diplomatic representatives of India to the foreign States. He also receives the credential letters of the diplomatic representatives of other States. The President represents India in international affairs. He has the power to conclude treaties with foreign States.
Legislative Powers: The President of India is an integral part of the Indian Parliament and also enjoys legislative powers. The President has the power of to summon and prorogue both the House of Parliament. He can also dissolve the House of the People before the expiry of its term.
The Constitution of India empowers the President to deliver an address to the Parliament at the commencement of the first session every year. He may also send messages to Parliament. The President nominates two members to the Lok Sabha from the Anglo-Indian Community and twelve members to the Rajya Sabha from among the persons who have acquired special knowledge in art, science, literature and social service.
In India, a public bill cannot become an act without the assent of the President. A bill passed by the Union Parliament is sent to the President for his assent. The President may give his assent to the bill or may withhold his assent from the bill or he may return the bill to Parliament for its reconsideration. If the bill is again passed by both Houses of Parliament, the President shall have to give his assent.
When the Parliament is not in session, the President may issue an ordinance. It has the same force as the law or Parliament. But it must be placed before the Parliament when it again assembles. If it is then approved by both the Houses of Parliament, it becomes a law. And the President can call a joint session of both Houses of Parliament to resolve a constitutional deadlock over a public bill.
Financial Powers: The President of India also exercises financial powers. No money bill can be introduced in Parliament without the recommendations of the President. According to the Constitution of India, the Annual Financial Statement is placed by the President before both the Houses of Parliament. This statement shows the estimates of revenue and expenditure of the central Government for the next year.
Judicial Powers: The President of India grants, pardons, reprieves or remissions of punishment to any person who has been convicted by a Court of Law.
Emergency Powers: The President of India exercises extra-ordinary powers in times of emergency. The three kind of Emergency situations are:
- Emergency due to armed rebellion or external aggression;
- Emergency arising from the breakdown of constitutional machinery in a State;
- Financial Emergency.
Thus the President of India has been given wide and far-reaching powers which he enjoys both during normal and emergency times. But after the passing of the Constitution Forty-Second (1976) and Forty-Fourth (1978) Amendment Acts, the President of our Republic has become a Constitutional figurehead and nothing beyond that.
The Supreme Court through various decisions has upheld the position that the President is a constitutional head and as such he is as much bound by the advice of his Ministers during emergency as during normal times.
However the President of India is not merely a magnificent cipher or a mere rubber stamp. Unlike the British Monarchy which is hereditary, the President of our Republic is an elected Head of the State. In our coalition politics, there are some grey areas where the President may still have to use his own judgment and wisdom. These are:
- Appointment of the Prime Minister,
- Dismissal of the Union Ministry,
- Dissolution of the Lok Sabha, and,
- Seeking information on all matters of administration and legislation from the Prime Minister etc.
In some such situations, the role of our President may become most crucial and decisive. However, the President has to be free from all political affiliations. He is expected to act with complete constitutional rectitude and impartiality.
3.0 THE PARLIAMENT OF INDIA
Some of the provisions of the Indian constitution dealing with the constitution, functions and responsibilities of the Parliament are:
Art.74 –Prime Minister and the council of Ministers
Art.76 –Attorney-General of India
Art.79 –Constitution of Parliament
Art.80 –Composition of Rajya Sabha
Art.81 –Composition of Lok Sabha
Art.83 –Duration of Houses of Parliament
Art.93 –The speakers and deputy speakers of the house of the people
Art.105 – Powers, privileges, etc. of the House of Parliament
Art.109 –Special procedure in respects of money bills
Art.110 –Definition of “Money Bills”
Art.112 – Annual Financial Budget
Art.114 –Appropriation Bills
Art.123 –Powers of the President to promulgate Ordinances during recess of parliament
Art.246 –Powers of the Parliament to make laws
Art.352 –Confirmation of proclamation of emergency
Art.356 –Confirmation of proclamation of emergency
Art.368 –Power to amend the Constitution of India
3.1 The Lok Sabha
The Lok Sabha, also known as the House of the people, represents the people of the country in general. It represents the pinnacle of democratic aspirations of the people of India. Pent-up emotions of hundreds of years of slavery under foreign rule, when finally broken, took the form of a house of parliament which could directly speak the language of the masses of India.
3.1.1 Features of the Lok Sabha and its membership rules
The maximum strength of the Lok Sabha has been decided to be 552 by the Constitution. However, at present it consists of 545 members, of whom 543 members are directly elected by the people and 2 members are nominated by the President from the Anglo-Indian community if no member is elected from this community to this House. Some seats of the House are reserved for the Scheduled Castes and Schedule Tribes.
The members of the Lok Sabha are directly elected by the people. For the election of the members, the whole country is divided into certain constituencies according to the number of seats fixed for the House. From each constituency, one member is elected by the voters on the basis of universal adult franchise. The number of seats for States and Union Territories are allotted on the basis of their population.
To be a member of the Lok Sabha, one must be a citizen of India. He must not be less than 25 years of age. He must not hold any office of profit under Government of India or any state government.
A seat of the House will be declared vacant if a member becomes subject to any disqualification or voluntarily resigns his seat. The House may declare a seat vacant if a member remains absent from the session of the House for more than 60 days without any reason communicated to the Speaker.
The members of the Lok Sabha are elected for a term of 5 years. But the President can dissolve the House before the expiry of its full term. The term of the Lok Sabha may also be extended by the President when national emergency is in operation.
The sessions of the Lok Sabha must be held twice a year. The gap between the last sitting of the previous session and the first sitting of the next session should not be more than six months. The President may also summon a special session of the House when such a need arises.
The Speaker presides over the meetings of the House. He is elected by the members of the House from among themselves. In his absence, the Deputy Speaker presides over the meetings. The House has a secretariat to assist the speaker in its administrative activities.
3.1.2 The Speaker of the Lok Sabha
The presiding officer of the Lok Sabha is called the Speaker. Her/his office is of great dignity, honour and authority. In order of precedence, she/he is ranked seventh along with the Chief Justice of India. The Speaker represents the dignity of the House of the people and because of this, he also represents the dignity, freedom and liberty of the nation as a whole. This is an honoured and prestigious position under the constitution of India and the person who is holding this office should be an intelligent, judicious and impartial person. Besides performing the responsibility as the presiding officer of the Lok Sabha, the constitution has given him some special powers. He decides whether a bill passed by the House is a money bill or not. He presides over the joint sittings of both houses of the parliament. He acts as the ex-officio chairman of the Indian Parliamentary Group. The Speaker can disqualify a member on the charge of political defection.
3.1.3 The Prime Minister and the Council of Ministers
Articles 74 and 75 of the Constitution lay down the principles of the Cabinet system of Government in India. Article 74(1) lays down that there shall be a council of ministers with the Prime Minister at the head to aid and advise the President in the discharge of his functions. Article 75(1) says that “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”. The President of India has no choice but to accept the advice of the council of ministers as it remains responsible for all the action, on his behalf, to the Lower House of the Indian Parliament.
As a matter of Parliamentary practice, the President appoints the leader of the majority party or any person enjoying the support of the majority of members in the Lok Sabha as Prime Minister for five years. The President’s decision to invite Shri Atal Bihari Vajpayee to form the Government in 1996 under this provision attracted a lot of controversy. Mr. Vajpayee could not establish his majority on the floor of the house and had to resign after 13 days.
The President appoints the ministers and distributes portfolios among them on the advice of the Prime Minister. On his advice the President can appoint an outsider, who is not a member of parliament as a minister. However, such a person has to be elected to either House of Parliament within six months from the date of his appointment. On his recommendation, the President can dismiss any minister from the council of ministers. Virtually, the President has no say in these matters as these constitute the prerogatives of the Prime Minister.
3.2 The Rajya Sabha
The Rajya Sabha, also known as the Council of States, represents the States of the Indian Union. Once India had decided on a federal structure for the Parliament, it was important to ensure that State Governments also have a voice in passing of legislation, though the matter maybe on the Union List. This is fulfilled by the presence of a Council of States.
The members of the Rajya Sabha are not directly elected by the people. It consists of the representatives elected by the members of the State Legislative Assemblies on the basis of proportional representation by means of single transferable vote. The Rajya Sabha consists of 250 members – 238 elected by the various State Legislative Assemblies and 12 nominated by the President form the fields of literature, science, art and social service. For ex. Sachin Tendulkar and Javed Akhtar.
To be a member of the Rajya Sabha, one must be a citizen of India, and must not be less than 30 years of age. She/he must be an elector of a parliamentary constituency of the State from which he is seeking election.
The Rajya Sabha is a permanent house. It cannot be dissolved. One-third of its members retire after every two years and elections to the vacant Rajya Sabha seats are held for those States. A member of the Rajya Sabha has to tender his resignation and cease to be a member of the House if he incurs some disqualifications as have been provided in the Constitution.
3.3 The responsibilities of the Parliament
The main responsibility of the Parliament is to make laws. Article 246 of the Constitution provides that it can make laws on all subjects which are mentioned in the Union list and the State list. It can also make a law on the subjects of residuary power. The method of passing a bill in the Parliament depends upon whether it is a money bill or not.
Under Article 368, The Parliament can also make amendments to the Constitution. In passing some amendment bills, it needs a simple majority, and in others, a special majority of the House may be needed. In case of a difference between the two Houses over an amendment bill, ultimately the voice of the Lok Sabha prevails.
The Parliament has to approve the ordinances under Article 123 and the proclamation of emergency issued by the President under Articles 352 and 356.
3.3.1 Election of the President, Vice-President & Speakers
The elected members of both house of the Parliament participate in the election of the President. All the members of the Parliament participate in the election of the Vice-President. They also take part in their removal. The members of the Lok Sabha also elect the Speaker and the Deputy Speaker of the House.
3.3.2 Various powers including control over the political executive
It also shares with the Rajya Sabha power of discussing the reports submitted by autonomous official agencies, such as, the Union Public Service Commission (UPSC), Comptroller and Audit-General of India (CAG), etc. It can take punitive action against the outsiders as well as its own members who commit a breach of its privileges.
The Parliament exercises control over the executive. It is the highest forum where the government policies can be discussed and criticised. The Council of Ministers is responsible or answerable to the Lok Sabha for its activities. The members of both the Rajya Sabha and Lok Sabha may table adjournment motions, introduce call-attention motions and supplementary questions from the ministers in order to exercise their control over the government. However, in the matter of controlling the executive, the Lok Sabha is more powerful than the Rajya Sabha as Lok Sabha alone can pass a no-confidence motion against the Council of Ministers.
If the majority of the Members of Parliament support such a motion, then the Council of Ministers will have to resign. That means the Council of Ministers can remain in office as long as it is supported by the majority members of the Parliament. So, the Lok Sabha can make and unmake the government.
Though the Lok Sabha is considered to be more powerful than the Rajya Sabha, on same matters both Houses exercise equal power. In matters like that of the election and removal of the President and the Vice-President of India, amendment of the constitution, removal of the Judges of the Supreme Court and the High Courts, approval of Presidential Ordinances and proclamation of Emergency, considering the reports of various independent agencies, etc. both the Lok Sabha and the Rajya Sabha are equally powerful.
The Lok Sabha has exclusive control over the finances of the country. Money bills can only be introduced in the Lok Sabha. No tax can be imposed, increased or curtailed without the approval of the Lok Sabha. In passing the budget also, the Lok Sabha is all in all.
The Lok Sabha can exercise control over the executive. The Union Council of Ministers remains in Office so long as it enjoys majority support in the Lok Sabha. When the Lok Sabha passes a no-confidence motion against the council of Ministers, it has to resign from office. In case of joint sittings of the Parliament, the Lok Sabha gets upper hand because of its numerical majority to that of the Rajya Sabha. Again, the Speaker of the Lok Sabha presides over the joint sitting of the parliament.
4.0 THE POWERS OF THE PRIME MINISTER
The office of the Prime Minister first originated in England and was borrowed by the framers of the constitution. Lord Morley described him primes interpaves (first among equals) and Sir William Vernon called him inter stellas luna minores (moon among the stars). Harold Laski, on the other hand called him "The pivot of the whole system of Government" Ivon Jeanings described him "The sun round which the planets revolve."
The Prime Minister performs many significant functions in the Indian political system and exercises vast powers to his advantage. He is the chief executive of the nation and works as head of the Union Government.
"The Prime Minister is according to Nehiir, "The Linch-Pin of the Government". The range of his powers are:
Head of Government: The President of India is Head of state while PRIME MINISTER is Head of Government. Although the President of India is vested with many executive powers, in actual practice he or she acts only at the advice of the Prime Minister and the cabinet.
All major appointments of the Union Government are virtually made by the Prime Minister and all the major decision-making bodies likes the Union Cabinet, Planning Commission, Cabinet Committee functions under his supervision and direction.
Leader of the Cabinet: The Prime Minister is the head of the cabinet. Article 74 (i) states that, "There shall be a council of ministers with the Prime Minister at the head." He who selects the ministers and distributes portfolios among them.
He presides over meetings of the cabinet and determines what business shall be transacted at these meetings. He can change the personnel of the cabinet at any time by demanding a minister's resignation or having him dismissed by the President. The Prime Minister, as Chairman of the cabinet can influence cabinet decisions which are made by consensus more often than by voting. It is for the Prime Minister to sum of the sense of the meeting and declare the consensus. His resignation involves the resignation of all ministers.
Laski's dictum, "the Prime Minister is central to the formation of the council of ministers, central to its life and central to its death is as true of the Prime Minister of India as of his British counterpart.
Link between President and the cabinet: Article 78 of the constitution defines the duties of the Prime Minister, and in the discharge of those duties reacts as a link between the President and the cabinet.
The duties defined in this Article are:
- to communicate to the President all decisions of the council of ministers,
- 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
- if the President so requires, to submit for the consideration of the council of ministers any matter of which a decision has been taken by a minister but which has not been considered by the council.
Leader of the Parliament: The Prime Minister is the leader of the Parliament. He determines the dates of its meetings, as also its programmes for the session. He decides when the Houses is to be prorogued or dissolved. He is the chief spokes man of the Government in the House and it is he who usually keeps it informed about the Government's intentions.
As leader of the House, the Prime Minister is in a special position of special advantage. He makes announcement of principal Government policies and answers questions on super-departmental lines.
He can correct the errors made by his ministers on the floor of the House and can even rebuke and reprimand them. He can carry the House with him on all matters of importance. He represents the cabinet as a whole unlike any other members of the Government.
Chief Spokesman in foreign relations:In International relations the Prime Minister is regarded as chief spokesman of the country. His statements are, for the outside world; statements of policies of the nation. In international conferences it is he who speaks for the nation.
5.0 The Procedure of making a legislation in India
To make laws, a proposal called a “bill” is introduced in the Parliament. A bill may be of two types - money bill or ordinary bill. A money bill is introduced only by a government member, that is, by a minister. But an ordinary bill can be introduced by any member of the parliament.
A bill passes through various stages in the Parliament before becoming a law.
The first stage is called the first reading. At this stage, a bill is introduced in the House. Where it is approved by the House, the bill is published in the official Gazette of India.
The next stage is the second reading. At this stage, a bill is either (i) taken into consideration at once; or (ii) referred to a select committee; or (iii) circulated for eliciting public opinion; or (iv) sent to a joint committee with the approval of the other House. Normally, bills are sent to a select committee or to a joint committee. At this stage, the bill is discussed in detail and the drafting of the bill is completed.
Then the chairman of the committee lays the bill before the House. The House discusses the bill clause by clause and makes necessary amendments in it.
Now, the bill enters into the third reading. At this stage, the bill is discussed as a whole in the House. The main purpose is either to accept or to reject the bill. If majority of the members of the House accepts the bill by their voting, then the bill is regarded as passed by that House.
When a bill is passed by one House, it is sent to the other House for its approval. The bill goes through the same three stages in that House also. If the bill is passed by that House in the original form, then it is sent to the President for his signature. If on the other hand, there arises a difference between two Houses over a bill, then the President calls for a joint sitting of the Parliament. When the bill is passed in the joint sitting, it is sent to the president for his signature. A bill becomes a law when the President puts his signature on it.
6.0 THE VICE PRESIDENT
Article 63 of the Constitution of India provides for an office of the Vice President of India. His position is only next to that of the President of India. The importance of this lies in the fact when the office of President becomes vacant, the vice-President fills it up. He is also the ex-officio Chairman of the Rajya Sabha. (ex-officio = by virtue of the office held)
The Vice-President is elected by an Electoral College which consists of the members of both House of Parliament. The Vice-President is elected by a system of proportional representation by means of a single transferable vote. In this election both the elected and the nominated members of the Parliament can take part unlike the election of the President.
The Vice-President is elected for a term of five years. He can be removed from his office by the process of impeachment by the Parliament. He may also resign his post before the end of his term.
6.1 Powers and functions of the Vice-President
The office the Vice-President is an important office under the Constitution of India. But he has not been given any substantial power. The importance of this office lies in the fact that when the office of the President becomes vacant, the Vice-President can act as the President for six months, within which period, a new President should be elected. The office of the Vice-President is regarded as the training ground for the President and many of the occupants of this office have became the President of the country later.
However, the main responsibility of the Vice-President is to act as the Chairman of the Rajya Sabha. He presides over the meetings of the House. He has to maintain order in the House. No bill is regarded as passed by the House unless it is signed by the Chairman. His decision is final in the House.\
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