• The Cabinet is a smaller, more influential subset of the CoM, typically including senior ministers

with significant portfolios.

• Cabinet Minister
o Senior minister heading an entire ministry.
o Participates in Cabinet meetings and has access to substantial privileges.
o Can take key decisions for ministries independently.
• Minister of State (MoS)
o Works under a Cabinet Minister in the same ministry or department.
o Assists the Cabinet Minister and may not always attend cabinet meetings.
• Minister of State with Independent Charge
o Oversees a ministry that does not have a Cabinet Minister in charge.
o Operates independently but is not formally part of full cabinet deliberations unless invited.

Key Points on Roles and Responsibilities

• The Constitution does not specify how many should hold each rank (Cabinet, MoS, etc.).
• Seniority and experience often determine Cabinet rank.
• Cabinet Ministers collectively discuss major policies in Cabinet meetings and make decisions.
• MoS (IC) manage their allocated ministries but typically consult Cabinet-level authorities.

Constitutional Provisions on the Executive

1. Article 74
• The President must normally act on the aid and advice of the Council of Ministers.
• The President may send any advice back to the Council once for reconsideration. If the same
advice is re-submitted, it becomes binding on the President.
2. Article 75
• The President appoints the Prime Minister and, on the PM’s advice, appoints other ministers.
• The total number of ministers, including the Prime Minister, is capped at 15% of the LS strength.
• The CoM serves at the pleasure of the President but is collectively responsible to the LS.
3. Article 76
• The President appoints the Attorney General, who must be qualified to become a SC judge.
4. Article 77
• All executive actions by the GoI are expressed in the President’s name who may make rules for
the more convenient transaction of govt business.
5. Article 78
• Outlines the duties of the PM in keeping the President informed about the nation’s administration
and legislative proposals.
• Requires the PM to furnish information to the President when requested.
• Allows President to direct any matter decided by an individual minister be placed before CoM

The Attorney General of India

Appointed by the President under Article 76. Must be qualified to serve as a judge of SC.
Role and Functions

• Acts as the highest legal officer for the Union of India.

• Can participate in parliamentary proceedings (including committees) but cannot vote.
• Usually resigns upon a change of government, allowing new administrations to appoint an
Attorney General who aligns with their policy views.
• Heads a team responsible for representing the Union in various courts, assisted by the Solicitor
General and Additional Solicitors General.

Constitutional Privileges

• Article 88- has the right to speak and take part in LS/RS proceedings, & parliamentary committee.
• The position is of constitutional importance, unlike the Solicitor General, which is statutory under
the Contempt of Courts Act, 1971.

Secretariat Structures

• Central Secretariat: A collective term for all ministries and departments at the Union level.
• Located in multiple “Bhawans” (e.g., Rail Bhawan, Krishi Bhawan, Udyog Bhawan, etc.), as well as
the North and South Blocks near Rashtrapati Bhavan.
• Cabinet Secretariat: A distinct institution meant to assist PM in handling the Cabinet’s work.
• Headed by the Cabinet Secretary, who is the top civil servant coordinating among ministries.
• Maintains records of Cabinet decisions (minutes of meetings) and disseminates them to relevant
ministries.
• Helps manage day-to-day administration: if the Cabinet decides on an infrastructural project, the
corresponding ministry handles execution, with the Cabinet Secretariat ensuring coordination.

Cabinet Committees

• Formed under the GoI(Transaction of Business) Rules, 1961 to reduce the Cabinet’s workload.
• Operate on the principle of division of labor, handling in-depth discussions on specialized issues
before forwarding final proposals to the Cabinet (often a mere formality if the PM chairs ).
• Usually headed by the PM, except for 2 committees often led by other senior Cabinet Ministers
(e.g., Cabinet Committee on Accommodation, and Cabinet Committee on Parliamentary Affairs).
• Comprise smaller groups of ministers (often 5-6. Non-Cabinet ministers or MoS (IC) may be
special invitees in certain committees.

Notable Cabinet Committees

1. Appointments Committee of the Cabinet (ACC)

o Composed of the Prime Minister and usually the Home Minister.
o Approves major appointments such as governors, service chiefs, senior bureaucratic
postings, and transfers in the All-India Services.
2. Cabinet Committee on Economic Affairs
o Evaluates and approves large-scale economic and infrastructure projects, new schemes,
and significant government expenditures.
 3. Cabinet Committee on Security
o Handles matter of national security, defense acquisitions, and crisis management.
o Typically includes the PM, HM, Defence Minister, FM, and External Affairs Minister.
4. Cabinet Committee on Political Affairs
o Examines major political developments, legislative strategy, and sensitive administrative
matters.
5. Cabinet Committee on Parliamentary Affairs
o Oversees the planning and coordination of legislative business in Parliament.
o Often led by the Defence Minister.
6. Cabinet Committee on Accommodation
o Resolves issues related to allocation of govt accommodation for ministers, MPs, officials.
7. Cabinet Committee on Investment and Growth
o Facilitate major investment initiatives and accelerate economic expansion strategies.
8. Cabinet Committee on Skill Development and Employment
o Policies for enhancing skills in the workforce and promoting employment opportunities.

State and Union Executive Parallels

• The Union executive structure (President, CoM led by PM) parallels State structure (Governor,
CoM led by CM).
• All India Services : Include the Indian Administrative Service (IAS), Indian Police Service (IPS),
and Indian Forest Service (IFoS).
• Recruited by the Union but predominantly serve in the states.
• Article 312 empowers the Rajya Sabha to pass a resolution allowing the creation of new All India
Services, reflecting the principle that states have a say in their creation.
• Article 311 Safeguards
• Prevents dismissal/removal of civil servants by any authority lower than one that appointed them.
• Ensures procedural security for those in the All India Services and state services alike.

Delimitation and Representation in India

• Delimitationis the process of fixing the boundaries of constituencies for electoral representation.
• A Lok Sabha constituency may span multiple districts, and a single district can have multiple LS
constituencies. Districts are administrative units, whereas constituencies are demarcated based
on population distribution.
• Constitutional Foundations
• Articles 79 to 81 outline the structure of Parliament (President plus two houses) and discuss the
representation in the Lok Sabha.
• Article 81: Emphasizes proportional representation of states in the LS based on population.
• Inter-state parity dictates that each state’s total seats roughly correspond to its population size.
• Intra-state parity aims to keep the population in each constituency within a state as uniform as
possible, though perfect uniformity can be challenging due to varying population densities.
• Early Approach to Delimitation -Historically, after each census (1951, 1961, 1971), there were
adjustments in the number and boundaries of constituencies.
• The goal was to maintain proportional representation as population shifted over time.
 • The 42nd Amendment Freeze (1976)
• After the 1971 census, concerns arose that states effectively implementing family planning would
lose representation, while higher-population-growth states would gain.
• To avoid penalizing states with lower population growth rates, the 42nd CAA, 1976 froze the
allocation of LS seats (and boundaries) until after the year 2000.
• 84th Amendment (2001):
o Extended the freeze on the allocation of seats.
o Permitted the redrawing of boundaries using more recent census data for better internal
parity. Initially planned to use the 1991 census for redrawing.
• 87th Amendment (2003):
o Updated the base for boundary readjustment to the 2001 census, replacing the earlier
intention to rely on 1991 data.

Delimitation Commissions

• Established periodically via Acts of Parliament (e.g., Delimitation Acts of 1952, 1962, 1972, 2002).
• The Delimitation Commission of 2002 produced an order in 2008, redrawing many constituency
boundaries across states:
o Did not change the total number of Lok Sabha seats allocated to each state (still based on
1971 figures).
o Adjusted internal boundaries to reflect more recent population distributions from the 2001
census.
• Once a delimitation order is laid before the Parliament and state legislatures, no modifications
can be made.
• Impact of Delimitation on Seats: The total of 543 Lok Sabha seats remains.
• Within that fixed total, reservation of seats for SC and ST can shift. As populations of SC/ST
communities vary, certain constituencies are redesignated or de-reserved.
• e.g. SC seats might increase if SC populations increases, reducing general seats proportionally.

Key Observations

• Allocation of seats across states remains as per the 1971 census to fulfill the freeze mandated.
• Boundary redrawing uses the 2001 census to attain more equitable representation.
• Art 329 ensures Delimitation Commission orders cannot normally be challenged in court.
• Post 2026 census, a new delimitation round might occur, possibly revisiting both seat allocation
and boundary
• Concerns about how to balance representation for states with slower population growth vs. those
with faster growth will likely resurface.

Legislative Structure

• Bicameral Legislature
• Parliament comprises two Houses:
o Lok Sabha (House of the People)
o Rajya Sabha (Council of States – House of the Elders)
• The President is part of Parliament (Article 79).
 • Bicameralism aims prevent hasty legislation, broaden representation, & protect states’ interests.

Role of Rajya Sabha

• Represents the interests of states at the central level.

• Provides an opportunity for individuals who may not directly contest Lok Sabha elections (experts,
technocrats, etc.) to contribute to law-making.
• Can pass resolutions empowering Parliament to legislate on the State List (Article 249) or to
create new All India Services (Article 312).
• Certain states - mandatory provisions - tribal welfare minister- address region-specific concerns.

Qualification for Membership in Parliament

• A person must be a citizen of India.

• Min age: 25 years for the Lok Sabha. 30 years for the Rajya Sabha.
• Required to be registered as an elector (voter) in any constituency within India.
• Before 2003, those contesting for RS had to be registered as voters in the same state from which
they sought election, but an amendment to the RPA, 1951, removed this requirement.
• The term “elector” simply refers to a validly registered voter.
• EPIC Card: Voter ID cards typically display the Assembly constituency name and number on the
back, rather than the LS constituency which avoids confusion because each Lok Sabha seat is
composed of specific Assembly segments.

Disqualification from Membership

• Constitutional Grounds
1. No longer a citizen of India
2. Declared of unsound mind by a competent court.
3. Being an undischarged insolvent, person remains under insolvency proceedings without court
discharge from debts.
4. Holding an office of profit under the government
5. Disqualification under any law made by Parliament.

• Law-Based Grounds (Representation of the People Act, 1951)

1. Criminal Convictions: imprisonment of 2 years or more can be disqualified for 6 years from the
date of release.
2. Corrupt practices or illegal election expenses, also leading to disqualification.

• Additional Disqualifications for Local Bodies

1. States can impose further conditions for PRIs or ULBs (e.g., educational or max no. of children).
2. Improper sanitation facilities or more than 2 children can lead to disqualification in some states.

Office of Profit

• Articles 102 & 191: MPs/MLAs disqualified if holding an office of profit under govt, except that of
minister.
 • Prevent executive influence/patronage over legislature; ensure independence.
• Ministers excluded; but posts like Parliamentary Secretary often controversial.
• Exemptions: Certain offices exempted by Parliament/State laws.
• Key Cases: Jaya Bachchan Case – Disqualified for govt-funded chairperson role in film
development body
• Decision Authority: President (for MPs) / Governor (for MLAs) acts on Election Commission’s
binding advice.
• Wealth from private sources is not considered, as restriction only applies to govt-related posts.

Anti-Defection Law (Tenth Schedule)

• Added by the 52nd CAA, 1985, to curb political defections and ensure stability of governments.
• Aims to prevent MLAs or MPs from frequently switching parties, which erodes public trust.

Main Provisions:

1. Voluntarily giving up membership of the party on whose ticket they were elected -> disqualify.
2. Voting or abstaining from voting contrary to the party directive (whip) -> disqualification.
3. An independent MLA/MP cannot subsequently join any political party during the term or disqualify
4. Nominated Members allowed to join a party within 6 months of nomination without penalty.
5. If at least 2/3rd of the members of a party merge with another party, the group avoids
disqualification. Below 2/3rd , they lose their seats.

Notable Examples
• Groups of MLAs or MPs leaving one party for another in states like Rajasthan or Bihar without
facing disqualification if the number meets or exceeds the two-thirds threshold.
• Complex disputes around party splits often involve parallel proceedings under the Election
Symbols Order, 1968 and under the Tenth Schedule.

Critical Observations / Loopholes

• Delay Tactics – Speaker can stall disqualification, letting defectors stay till term ends.
• SC in Kihoto Hollohan case said Speaker’s decisions are subject to judicial review
• Members resign to escape 10th Schedule, then re-contest and return as ministers.
• No Timeframe – Constitution doesn’t fix deadlines → delays in decisions.
• Speaker’s Dual Role – As party member +decision maker, raises bias concerns.

Speaker – Role & Powers

• Sources of power – Constitution, statutes, parliamentary rules, conventions.

• Final authority on rules, presides over debates, maintains order, accepts/rejects motions.
• Election date fixed by President (per Lok Sabha rules).
• Removal by effective majority (total membership – vacancies) with 14 days’ notice.
• Speaker’s rulings under 10th Schedule (disquation) are subject to judicial review by SC.
• Art. 122 (Parliament) & Art. 212 (State Legislatures): Bar courts from interfering in legislative
proceedings, but SC has intervened in cases of excessive suspension/disqualification.
 • Salary charged on Consolidated Fund of India . Cannot vote, ensures independence
Pro-tem Speaker
• Temporary presiding officer after general elections.
• Administers oath to new elected members, then conducts election of new Speaker.
• Appointed by President, usually senior-most MP.
Speaker of the Lok Sabha
• Elected by LS members; Ensures impartial conduct of proceedings.
• Election usually uncontested; Voting – Only in case of a tie (Article 100).
• Chairs the General-Purpose Committee, Business Advisory Committee, and Rules
Committee; oversees allocation of time for debates and discussions.
Deputy Speaker of Lok Sabha

• Not subordinate to the Speaker, enjoys substantial constn position, removal same
• Same powers as Speaker when presiding; charged on Consolidated Fund of India.
Convention – Often offered to Opposition, though sometimes kept vacant.

Panel of Chairpersons in the Lok Sabha

• Appointed under the House’s rules (not mentioned in the Constitution).

• Up to 10 members appointed to preside over the House in the absence of Speaker or Dy Speaker.
• Can only preside when the Speaker’s office is occupied but absent.
• If both Speaker and Deputy Speaker posts are vacant, a pro tem Speaker is appointed by the
President for conducting a new Speaker’s election.

Chairman of the Rajya Sabha

• Ex officio – Vice President of India. Only casting vote in case of a tie (Art. 100).
• Cannot vote for removal as not a RS member. Salary from Consolidated Fund of India.
• If Acting President does not preside over Rajya Sabha.
• Dy Chairman chairs specific committees such as the Privileges Committee

Leader of the House

• LS – Usually the PM; if PM is in Rajya Sabha, a senior Cabinet Minister from LS is appointed.
• Rajya Sabha – If PM sits in LS, a senior minister acts as Leader of RS.
• Announces key government policies and responds to significant issues.

Leader of the Opposition (LoP)

• Statutory post under Salaries & Allowances of Leaders of Opposition Act, 1977; not constitutional.
Equivalent to a Cabinet Minister (protocol & pay).
• Criteria – Leader of largest opposition party. Mavalankar Rule – Party ≥1/10th strength of LS.
• If benchmark unmet, Speaker decides on recognition.
Significance of LoP

• Member of statutory committees for key appointments:

o CIC & Information Commissioners
o CVC & Vigilance Commissioners
o Lokpal & Members
o CBI Director
• Enhances parliamentary oversight & provides counterbalance to govt.

Party Whip

• An internal party appointment based on convention, not in Constitution or in any statute.

• Communicates the official party stance to members regarding voting and other activities.
• Violation may lead to disqualification under Tenth Schedule
• Ensures attendance and discipline among the party’s parliamentary members.

Types of Majorities

Simple Majority (>50% of present & voting)

• Most common form used when the Constitution does not specify a special requirement.
• Applies to passing ordinary bills, motions like no-confidence, confidence, removal of VP in LS etc.
• Calculated based on members present and voting.
• e.g. total strength –100, vacant-10, effective strength=90, present & voting = 40, majority = 21

Effective Majority (>50% of house’s effective strength).

• Applies to removal of: Speaker by the LS; Deputy Speaker by the LS; VP in RS; Dy Chairman of RS

Absolute Majority: >50% of total strength

Special Majority in Parliament

• Impeachment of President (Art. 61) – Each House: 2/3 of total membership.

• Creating or Abolishing of State Legislative Councils (Art. 169) – State Assembly: majority of total
membership + 2/3 present & voting → Parliament: simple majority.
• State List Legislation / AIS Creation (Arts. 249, 312) – RS: 2/3 present & voting.
• Constitutional Amendments (Art. 368) – Both Houses: majority of total membership + 2/3
present & voting; President can’t withhold assent for CAA.
• State Reorganization (Arts. 2 & 3) – New states / boundary changes by simple majority; not
treated as constitutional amendments.

Law-Making Procedure in Parliament

1. First Reading (Introduction)

• Bill introduced in either House (except Money & certain Financial Bills → only Lok Sabha).
 • By a minister (government bill) or private member (private member’s bill).
• Published in Gazette → becomes property of the House; amendments need House approval.

2. Second Reading (Consideration)

• Detailed deliberation, discussions, debates.

• May be referred to Parliamentary Committee / public opinion.
• Clause-by-clause discussion; amendments considered. Final content of bill shaped here.

3. Third Reading (Passage)

• Debate confined to acceptance or rejection; no further amendments.

• If passed → sent to the other House for consideration.

Role of the Second House

• May pass the bill as received.

• May pass the bill with amendments; these must return to the first House for concurrence.
• May completely reject the bill.
• May keep it pending.

Joint Sitting Under Article 108

• Arises if the second House rejects the bill, passes it with unacceptable amendments that the first
House disagrees with, or fails to take any action on it for six months.
• The President may convene a joint sitting of both Houses, presided over by the Speaker of the Lok
Sabha or a designated substitute.
• Bill is passed at joint sitting by a simple majority from both Houses present and voting.
• Constitution Amendment Bills - a joint sitting does not apply.

Impact on Bills after dissolution of Lok Sabha

• If the Lok Sabha is dissolved, any bill pending in that House lapses.
• Bills passed by LS and pending in the RS also lapse upon dissolution of the Lok Sabha.
• Bills introduced in, and passed by, the Rajya Sabha but pending in the LS also lapse.
• Bill pending assent of the President, passed by both houses, does not lapse.
• Bill pending only in the RS does not lapse.

1. Private Member’s Bill: Introduced by an MP not a minister. Very low chance of passage.
2. Government Bill: Introduced by a minister, after Cabinet approval. Represents official govt
policy. High chance of passage

Key Terms (Art. 85)

1. Summon – President calls a session (on PM’s advice).

2. Prorogue – President ends a session (on PM’s advice).
3. Dissolution – Only for Lok Sabha; at 5-year term end or earlier if govt loses majority.
Parliament Sitting Rules

No fixed minimum sittings in Constitution. Interval between 2 sessions ≤ 6 months.

Sessions of Parliament

• Budget Session – Longest, starts early year.

• Monsoon Session – Mid-year.
• Winter Session – Year-end.
• President may call special/extra sessions anytime.