 waiting for others to join how many of you have read chapter number two except APR people I know all of you who are going through test so I'm not asking you guys except see a PR batch okay two more minutes I'll not wait more than two more minutes for other others to join so because only ten people are okay so let me start so in this chapter this chapter two of grade nine Karnataka board syllabus and we have Union government so Union government has different constituents so we will study about different houses of paliaments then we will study about what are different powers of paliament different functions then we'll go to presidents similarly powers and functions of president and then we will go to prime minister so people are joining slowly so just give me one minute please okay chalo let's start now so let's go in full flow so we have learned in previous sessions so the previous chapter was about drafting of constitution and different features of constitution so we studied about in the first chapter we studied about drafting of constitution features of constitution so we studied about how constituents assembly so we studied about cabinet mission first so there were three people in cabinet mission then we studied about drafting I mean constituent assembly and in constituents assembly we had the first meeting then second meeting then last meeting fill all these blanks all of you who were these three people when the first meeting was done when the second meeting was done we had temporary president who was who is generally called first president mr. Sachidan and and then we had last meeting when constitution was signed by members of constituents assembly then we celebrated our republic day we went to preamble and likewise different other features so in preamble which are the three words sorry which are the three words added by three words added by constitutional amendment act which constitutional amendment act was this everything you should do it on yourself you do it by yourself now let me move to the second chapter and the second chapter is we have to study about union government so to study union government first we need to know what are the different houses so we have we already know that we have parliamentary system and in parliamentary system we have bicameral legislature so bicameral legislature there are two houses first house is rajya sabha which is called upper house it is also called upper house and the second house is loak sabha which is called lower house and in rajya sabha so rajya sabha there can be maximum 250 seats but this these 250 seats are not present now this is this has been written as there can be 250 seats maximum 250 seats but this is the maximum seats which are possible but our 250 seats available to be filled now no so how many seats are there currently 245 seats are there now out of these 245 seats 233 seats are for are from elections so election happens for these 233 seats so 12 seats are left out what about these 12 seats so 12 seats on these 12 seats members are nominated by president of India so if 12 members are nominated by president of India what are the different areas so it is social services science arts culture social services science art culture and sports also has been added to this because from 2013 to 2012 to 2018 I think Sachin Tendulkar was nominated in Rajya Sabha now out of these 233 seats which goes for election 229 seats are for states from all 29 states and four seats are from UTS and there is only one UT from where Rajya Sabha members are selected so out of UTS they all come from New Delhi so a question can be from here that which is the only Union territory in India which has its representation in Rajya Sabha the answer is New Delhi okay one question is what about rest five seats left from 250 seats she when constitution see the number of seats in legislative assembly is dependent legislative assembly means I'm talking about state assemblies they are the number of seats are as per the population level in India so as per the population level in India those number of seats are fixed as the members of legislative assemblies are sorry as the seats in legislative assembly is fixed we can select only a few number of what to say we can select only a few only a few number of Rajya Sabha seats from each legislative assembly so let me discuss how members of Rajya Sabha are selected there there I'll touch upon why five seats have been left out why only two 45 seats are there so this is the case till here now let me check your book what is left out India has adopted parliamentary system one thing that you need to understand over here is that as per article 79 article 79 provides for creation of parliament so this is very very important this article you should remember that it is article 79 which tells that create parliament now look at here the number of seat in Rajya Sabha is 250 of which 238 members are elected and 12 members are various field like literature art science social work are nominated this house is known as House of Elders now this 250 seat is maximum number of seats currently only 245 members are there so that you should remember is it okay so article 79 apart from what I have discussed is important arrest everything I have discussed with you and term of office now what do you mean by terms of office so Rajya Sabha is a permanent body try to understand there can be one question that what is the time period after which Rajya Sabha gets dissolved so remember these two lines Rajya Sabha is a permanent body and it does not get dissolved like Lok Sabha so what do you mean by dissolving of Lok Sabha dissolving of Lok Sabha means Lok Sabha is a house of people where election elected government has to be there government elected by people has to be there so currently in Lok Sabha BJP government is there it BJP government is there because people gave 303 seats to BJP number of seats in Lok Sabha now is 543 any party which any party or a group of party which we called coalition in India wants to make government in in Lok Sabha needs to have half of 2 543 which is 272 members BJP itself has 303 members that's why it was able to form government in Lok Sabha now try to understand so what about Rajya Sabha do we need do we need to have majority of ruling party in Rajya Sabha no in fact currently if you look at the numbers BJP or any particular party does not have majority in Rajya Sabha so what happens if they don't have majority will it get dissolved no it does not get dissolved it's a house which is permanent house it never gets dissolved but how do we select members so try to understand the term of each member in the Rajya Sabha is six years so every two years one third of the members lose so try to understand suppose this is year 2019 so already 245 members are here now in 2020 one third of member those who are selected in 2014 one third of this so one third of this would be near around so if it would have been 246 82 members nearly every so 82 members who were selected in 2014 would lose their membership of the Rajya Sabha and election will happen on those 82 seats similarly member who were 82 members who were selected part of Rajya Sabha in 2014 who came in 2014 so not sorry 2016 they lose their membership in 2022 and similarly those who came in 2016 sorry 18 they lose their membership in 2024 so that's how election keep on happening and every two year one third of the existing members will lose their membership and on those number of seats elections will happen and the new members those members who win those elections would be joining the Rajya Sabha again can a member who is part of Rajya Sabha contest for election again yes he can contest for election again there is no restriction on number of times you can be part of Rajya Sabha so suppose I got elected suppose I got elected in 2014 can I fight election is 2020 yes I can fight an election in 2020 so I was member from 2014 to 2020 suppose in 2020 I contest the election and I win again I can be member till 2026 so that's how election happens now what are the qualification of members who wants to be part of Rajya Sabha so it has been written this is not very important but you should know it he should be citizen of India people who are not citizen of India cannot be part of Lok Sabha and Rajya Sabha they have to be citizen of India what should be is is maybe asked this is the only question which is which can be formed from criteria because age varies for Lok Sabha and Rajya Sabha for Lok Sabha it is 25 years for Rajya Sabha it is 30 years so please remember that people who want to be any person who wants to be member of Rajya Sabha has to have age of 30 years he should not have been punished under law this needs an explanation once again anyone who has been punished under law for more than two years of imprisonment so once he finishes his once so he'll be jailed after his imprisonment end of imprisonment six years is the wait time you cannot contest election for for six years after you end your imprisonment if you have been punished should not have been declared a person of unsound mind and should possess the qualification specified from time to time by parliament so they keep on doing this every time to time this keeps on changing so one thing is important that the person should be of 30 years of age vice president is the chairman of Rajya Sabha who is the chairman of Rajya Sabha so try to understand we have a concept of speaker and deputy speaker so speaker and deputy speaker are responsible for functioning of the house so like in Lok Sabha they are called speaker and deputy speaker in Rajya Sabha speaker is called chairman and deputy speaker is called deputy chairman and this post post of chairman is fixed for vice president of India so a question can be asked that who is the chairman of Rajya Sabha so you need to who is the chairman of Rajya Sabha so you need to tell that the chairman of Rajya Sabha is vice president so vice president and who is the vice president now Mr. M Venkaya Naidu is vice president of India now so chairman of Rajya Sabha now is Mr. M Venkaya Naidu the deputy chairman is chosen from among the members so very clearly understand in one go only is chairman of Rajya Sabha is a vice president and vice president is not a member of Rajya Sabha so out of speaker deputy speaker deputy chairman and chairman only chairman is not the member of parliament so chairman who is vice president of India is not member of Rajya Sabha otherwise speaker in Lok Sabha and deputy speaker in Lok Sabha would be member of Lok Sabha deputy chairman in Rajya Sabha would be member of Rajya Sabha only chairman who is vice president of India will not be member of Rajya Sabha so this is very very important you should know that chairman who is vice president of India is not a member of Rajya Sabha okay and at least 10% of the members a minimum of 25 members should be present during the sessions of Rajya Sabha this is called Koram so for any house to run this Koram should be maintained which is 10% of the member of the house so it has to be 245 divided by 5 is divided by 10 is 24.5 so 24 is less than 24.5 so this is not acceptable so 25 members should be present for the house to be functioning if less than 25 members are present then the house cannot function so this is called Koram then we have Lok Sabha so in Lok Sabha again let me go to where I was yes so before I go to Lok Sabha people there are a few more questions that I need to handle about Rajya Sabha people were asking so you should know that how members of Rajya Sabha are elected members of Lok Sabha sorry Rajya Sabha are elected by are elected by members of are elected by members of legislative assembly of the states members of legislative assembly state members of legislative assembly of a state are called MLA's so MLA's elect Rajya Sabha members now total number of MLA's in any state is decided by population of that state so this is fixed like in in in Karnataka we have how many seats we have 224 seats I think just check it once it is 224 or 229 in UP this is 401 that's for sure so Rajasthan it is 200 Madhya Pradesh it is 229 for sure so this is for Rajasthan this is for MP Tamil Nadu it is 288 I think so likewise members of I mean seats in state assemblies now this is fixed now it is already been decided that how many members are needed to select one Rajya Sabha member elect one Rajya Sabha member like in UP you need 31 MLA's for one Rajya Sabha seat so you can have maximum 10 to 12 seats per every two year so that is fixed so total number of seats from UP is nearly 33 or something so that is why if you add all these numbers this adds up to 245 so if it adds up to 245 that is why the 250 criteria has not been fulfilled because it has been restricted to control undue population increase in population because what happens if you make this free that it can be 270 280 population will keep on increasing there would be measures to increase population because people who want to be member of Lok Sabha and Rajya Sabha will wish that the seats keep on swelling and more people keep on coming into Lok Sabha and Rajya Sabha and hence there would be undue population so due to that it has been restricted at 250 so I hope you understood it now Lok Sabha so Lok Sabha maximum number of seats are not is 5 not 545 this is Lok Sabha maximum number of seats are 552 currently 545 seats are there seven seats are not taken out of 545 543 is elected and two seats are nominated here it is not art science literature and all those things I left literature here these two nominated members has to be from Anglo-Indian community and if president feels that Anglo this is only in case if president feels that members of Anglo-Indian community has not been represented in Lok Sabha properly so then only president of India can nominate so the question can be who nominates member in Parliament whether in Rajya Sabha and Lok Sabha is it prime minister no members are nominated by president of India so this is very important so 543 seats are there now these 543 seats have been divided into different states so like in UP we have 80 seats Bihar we have 40 seats Karnataka we have MP we have 29 seats in other states Telangana 14 I think Maharashtra 48 and likewise you don't need to remember it I'm just showing you the bifurcation Kerala we have 20 seats Gujarat 26 Tamil Nadu is again 42 so so likewise West Bengal is 42 so nearly this is the bifurcation can be once each year and there as far as I remember so this adds up to 543 out of 543 once again out of 543 out of 543 anyone who wants to begin anyone who wants to make a government as I have already told you anyone who wants to make government has to be so total 28 seats are there in Karnataka there is absolutely no doubt about it so that's what I was checking so out of 543 half the number of seats are needed to form a government which comes out to be 271.5 number of members can never be in decimal so it has to be an integer number more than that so 272 members are needed currently BJP has how many seats it has 303 seats so we have a secure and stable government in parliament now let me go to your book so your book says the 79 seats are reserved for scheduled caste 41 seats so out of 545 2 are for for Anglo-Indians then 79 are for X SC's so 2 are for Anglo-Indian 79 for schedule caste SC and 41 for scheduled tribe just to ensure proper representation of every community in the Lok Sabha now what is the term of Lok Sabha Lok Sabha members are elected for a term of 5 years do they stay for 5 years it depends on how stable the government is like I'll give you few elections so 1989 in 1989 elections form the government and in between it saw two prime ministers mr. let mr. VP Singh Viswanath Pratap Singh and then mr. Chandrasekhar but the government fell down in 1991 because it was a coalition government and people who are supporting the government they withdraw the withdraw their they withdrew their support and the government fell only in two years so though they are maximum so it should be understood that the members of Lok Sabha are elected for a maximum term of five years it can be less than five years if the government does not have enough support if it does not have support of 272 MPs however on the recommendation of the prime minister the president may dissolve the Lok Sabha so once like if you look at the current Karnataka constitutional crisis so what is happening is the governor of the Karnataka has told the chief minister that you should prove the majority now pretty soon the chief minister will have to prove the majority if he gets the majority he will remain the chief minister of India sorry chief minister of Karnataka I'm very sorry chief minister of Karnataka if he does not if he's not able to garner majority in in in Karnataka assembly what will happen is he will have to tell the chief minister will have to tell the governor to dissolve the assembly similarly prime minister will if if if it is understood that the prime minister does not enjoy the full majority in Lok Sabha so he may be asked to prove majority in Lok Sabha if he is able to prove it he remains prime minister if he is unable to prove it the government falls and the prime minister will recommend to the president that I don't have enough support in enough support means 272 members remember this this is very important number in Indian politics 272 so he will have to tell to president of India that he does not have enough support in Lok Sabha so that's why the Lok Sabha has to be dissolved during emergency this is very very important the term may be extended for one year now what is emergency so what happens in constitution of India specific powers have been provided to the parliament of India in which there is something called emergency and emergency is nothing but a prime minister sorry president of India can impose just give me a moment let me check okay so president of India can impose emergency there are three kinds of emergency which has been discussed in constitution which is national emergency financial emergency national up to me to two of them which are main are national emergency and financial emergency has emergency ever been imposed in India yes it has been imposed in India once in 1975 it was imposed by imposed when a lateness in Mrs. Indra Gandhi was Prime Minister of India so for how much time so in if emergency has been imposed in India the term of the parliament need not to be only five years even if it is five years it can be increased by one year at a time so 1971 we had an election 1976 we were supposed to be we were supposed to go for election the election didn't happen that year it it was increased the the parliament tenure was increased by one year and then 1977 elections were held in which the government led by other party Congress party lost the first non-congress government was made in 1977 the major part which played in in in loss of Congress was in imposition of emergency in India now what are the different qualifications of the members of Lok Sabha they should be citizen of India they must be of 25 years of age not less than 25 years so remember Lok Sabha and Rajasabha this is age wise this is 25 this is 30 then should not hold office of profit under government so generally government servants IS IPS all these people cannot to be just give me a moment guys just give me a moment okay guys so something important so look at here I was discussing I was discussing Lok Sabha so everything remains same I mean in the terms that age is 25 and 30 and then he should not be under any office of profit office of profit should be any he should not be IS IPS all government service officers they have to leave job to to contest the election if they are not leaving job they cannot contest any election and similarly you can see that the other criteria should not have been punished under law should possess quality should possess qualifications as specified by parliament from time to time so that is one thing Lok Sabha speaker so Lok Sabha speaker the members elect from among themselves a speaker and deputy speaker I already discussed this discuss this speaker has to maintain impartiality so try to understand currently speaker of Lok Sabha is Mr. Om Billa now Mr. Om Billa was generally the speaker is from a ruling party ruling party means the party which has made government here so ruling party means currently it is BJP now as soon as a member of ruling party is promoted as speaker he has to shed his it is it has it is not written in Indian Constitution that he has to leave the membership of the party from which he comes from but there are different countries where it has been written like in UK a person who is becoming the speaker of of of Lok Sabha he has to leave first leave the member of membership of the party from where he comes from and then he has to then he'll be able to become the speaker in India this is not the case the speaker need not to be said the membership of the party but he has to show impartiality while conducting the classes so this is the case he should maintain dignity and decorum so maintaining dignity and decorum of the house the speaker gives his ruling whenever there are questions about validity of the proceedings so what do you mean by these lines speaker gifts is ruling whenever the questions I mean if somebody is questioning that the proceeding is not as per the law or something it the speaker will decide whether it is happening or not so according to the protocol all including Prime Minister as specter to respect the speaker of the house that is why you see there is a general tendency to I mean if if members are speaking in English they always called speakers are so our respect has to be maintained for him in the house including Prime Minister when bill gets equal number of votes this is very very important line which I am reading now try to understand if there is a bill and 300 members are participating in the discussion it may happen that 150 votes is for for the bill I mean in support of bill and 150 votes are against him now it's a tie so whether the bill should be passed or bill should not be passed who will decide so that is what it has been written here that when the bill gets equal number of votes for and against them speaker casts the deciding vote so casting vote or deciding vote is with the speaker so if he decides for for then it's for for if he decides against it it's against it deputy speaker conduct conducts the proceeding in the absence of the speaker only when the speaker is absent deputy speaker would be given charge of conducting the proceedings of Lok Sabha now apart from speaker and deputy speaker we have opposition leader so opposition leader means role and work of opposition leader actually it should be studied with parliament opposition leader means highlight the wrong doing so it is generally from the main opposition party now try to understand one is leader of main opposition party and one is opposition leader for the post of opposition leader the main opposition should get one-tenth of 545 members which is 54.5 so this is integer to be rounded off to next integer greater than this 55 so at least 55 members should be there for the post of no generally Pravalika's question is can the speaker vote otherwise for a normal vote speaker only votes when there is a tie-off vote otherwise speaker cannot vote because there is no need for speaker to vote so speaker will not vote for the normal bill so now suppose is there a member is there an opposition leader in the parliament no for the last two election election of 2014 and election of 2019 with just concluded in both of them mr. Modi was Prime Minister mr. Modi took the charge of Prime Minister of India the main opposition party in both 2014 and 2008 19 is Congress but in 2014 Congress after election got 44 members and 2019 Congress after election got 52 or 54 seats which is less than 55 seats that is why currently there is no opposition leader in Parliament so opposition leader is not there but leader of main opposition party is there so main opposition party is Congress so they have selected among themselves mr. Adhir Ranjan Chaudhary he is currently leader of main I mean leader of main opposition party so if somebody asked you that who is the opposition leader you should see that as Congress was unable to get 55 seats in general elections just concluded in month of May hence we don't have any hence we don't have any leader of opposition now but we have leader of main opposition party main opposition party is Congress and mr. Adhir Ranjan Chaudhary is leader of main opposition party highlight the wrong doings of the ruling government so wrong doings of I mean what is the role of opposition leader of obviously they'll they'll find faults in what government is doing whatever bills and policies government is bringing they have to critically analyze those policies keep the government council of minister and officials alert and has a respectable position in the legislature so it is always told that for a strong democracy a very strong opposition is needed okay now powers and functions of the parliament legislative powers the main function of the parliament is to make laws why parliament is there parliament the main function is to make laws like for that matter I'll tell you just two three days back the parliament was discussing the motor way motor vehicle bill so in that there were different procedures and policies been discussed how to avoid how to avoid that large number of accidents happening in on Indian roads what should be penal provision if somebody is making somebody is violating traffic laws and if somebody is violating other motor vehicle laws so what should be penal provision for that so different rules are there it can frame laws on the subjects mentioned in so I have told you while discussing the the first chapter that we have a union government but government functions basically through federal procedure so all the works has been divided into three lists one is union list and I told this is schedule seven of Indian Constitution schedule seven of Indian Constitution so we have union list we have what do you say state list and we have concurrent list concurrent list means it is under purview of both union government union government in central government and state government so legislative power of parliament only include only include subjects or only include things which are under union list you look at here central list and they can also make it on concurrent list can they make it on state list no they cannot make make laws on state list the financial bill is represent presented in Lok Sabha financial bill other bills can be presented in either house so try to understand any financial will financial will means related to money financial bill will only be presented in Lok Sabha first it has to be initiated in Lok Sabha once Lok Sabha votes it then it goes for discussion in Rajya Sabha any other bill can be first presented either in Lok Sabha and Rajya Sabha doesn't matter so the criteria is only financial bill has to be presented first in Lok Sabha the other bills can be presented in either house but the bill becomes law only after proper discussion and approval by both the houses whichever house you present the bill it has to be passed by both the houses Rajya Sabha and Lok Sabha for it to become bill so it becomes a bill after both the houses support it how do bill is converted to act so when does it become passed bill when it is supported by Rajya Sabha and Lok Sabha both from bill to act conversion when does happen so after bill is passed by Lok Sabha and Rajya Sabha it is sent to president and if president signs it it becomes act it becomes law of India by signature of president when there is an disagreement between the houses regarding a bill president may call for joint session of the parliament and resolve the matter so there is a timeline under that timeline if the bill is not passed by either house so suppose like now government does not have the majority in Rajya Sabha and if any bill gets stuck in Rajya Sabha then what will happen so for that there is a provision that president will call joint parliament joint meeting of both the houses now and in joint meeting of both the houses if the bill gets approval by half of the members attending it will become a bill after both houses passes the bill it is forwarded to president for his approval after which it becomes law so it converts to act act and act means a law now one question may arise from here so I told you that in Lok Sabha speaker and deputy speaker are there in Rajya Sabha chairman and deputy chairman are there so in Rajya Sabha chairman and deputy chairman in Lok Sabha speaker and deputy speaker now guess just let me know who heads the meeting when it is a joint meeting of both the houses so like head of Lok Sabha is a speaker head of Rajya Sabha chairman when it is a joint meeting then who is the head of Lok Sabha and Rajya Sabha sorry when it is a joint meeting of both the houses who will be the head just guess it I want to check your guessing ability president cities I'm telling you to guess it not ask it okay those who are saying president is are definitely wrong president will never come and become the head of joint it has to be one among chairman deputy chairman speaker and deputy speaker now guess it hey I'm saying one among chairman deputy chairman and speaker and deputy speaker how come this Prime Minister comes it is speaker of Lok Sabha the correct answer is speaker of Lok Sabha so don't fall in this trap of vice president of India because chairman is vice president of India so look at the bigger position and speaker of Lok Sabha if a speaker of Lok Sabha is absent it is deputy speaker of Lok Sabha if deputy speaker of Lok Sabha is also absent then deputy chairman of Rajya Sabha if all three are absent then the members who are attending this meeting they decide who will who will be the member of who will be heading the meeting and chairman will never be chairman even if all three of them are not there chairman cannot be heading this meeting because I already discussed with you that chairman is not member of any house so he cannot be then he cannot be sorry he cannot be head of joint meeting of Lok Sabha sorry joint meeting of both the houses so legislative power I have told you to make bills then we have administrative power in parliamentary system of government prime minister and his council of ministers form executive so who forms executive is first important thing so executive means PM plus union ministers the union cabinet is accountable to parliament accountable to parliament specifically to Lok Sabha because in Lok Sabha they have to prove majority the members of the parliament ask questions which must be answered by ministers the council of ministers can be power only as long as they enjoy trust of parliament trust of parliament means to more than 272 members supporting them parliament has control over executive how parliament has control over executive parliament can question any decision of any minister so that is the thing financial powers of Lok Sabha Lok Sabha exercises total control remember this word total control over financial matters that is why all the financial bills are first introduced in Lok Sabha and any tax which has to be levied without the approval of Lok Sabha so any tax has to come any tax it has to be it has to it has to be with the approval of Lok Sabha if there is no approval of Lok Sabha no tax can be I mean no new tax can be levied after being passed by the Lok Sabha the bill goes to the Rajasabha for discussion the Rajasabha can give certain suggestions and direction and also and also delay giving its consent to the bill for 14 days if it does if it does give its consent within 14 days it is taken for granted that Rajasabha has approved it and it is sent to the president for his approval try to understand I'm only discussing about finance bill financial bills and in financial bills budget is also included like on July 4th I think or July 6th 4 6 whenever the budget was presented by our respected finance minister so budget also comes in finance bill financial bills has to be forced introduced only in Lok Sabha second one is Rajasabha cannot change it can't make any amendment okay if Rajasabha can't make any amendment what can Rajasabha do it can give can give suggestions what about suggestions is it binding on Lok Sabha no Lok Sabha can take these suggestions Lok Sabha can accept suggestion or rejected accept or rejected depends on the wishes of Lok Sabha now Rajasabha also cannot keep it with it for infinite time they have to send it in 14 days if they are unable to give suggestion or to discuss it within 14 days it is assumed that Rajasabha has accepted it so Rajasabha can only delay any financial bill only for 14 days in after 14 days it is out of the purview of Rajasabha so this is only for financial bills not for any other bills judicial power both the houses of the parliament have authority to remove judges of Supreme Court the High Court through a motion of impeachment they also have power to discuss the findings of the reports related to judiciary so law commission report and other reports related to judiciary is can be discussed in parliament and if any judge is found to be not following constitutional procedures he can be impeached by the parliament has any judge been impeached by parliament yet no no judge of Supreme Court and High Court has ever been impeached by parliament there was a motion against one judge but that was defeated in parliament so that was not possible power to amend the constitution this is very important so constitution can be amended only by the parliament it can never be amended by any state legislative assemblies state legislative assemblies cannot change the constitution of India the constitution of India can only be changed by parliament both the houses of parliament have equal power to amend constitution the amendment bill can be presented first in either house so any bill except financial bill can be presented in any house however the approval of both the houses is required that we already know if if one house approves then amendment and other does not then the amendment cannot be carried out this is for all the bills except financial bill we know that if Lok Sabha passes constitutional amendment bill and Rajasabha does not pass it it can never become an act so but apart from that there are few bills like we had GST bill so GST bill was a very very important bill for the whole country because it was related to states also so there are few constitutional amendment act bills which apart from the two houses Rajasabha and Lok Sabha has to be passed by at least half of the total states so half of 29 is 14.5 integer more than this so 15 states so like GST bill was passed by more than 15 states for it to become a rule in in in one second for it to become an act or law whatever we say so these are other powers are parliament can frame jurisdiction what are what are the different jurisdictions and power of supreme court establish high court create new states like new state recent new state was created when Andhra Pradesh was separated between separated and two states Telangana and Andhra Pradesh was made before that three four states were separated like UP was separated in Uttar Pradesh and Uttarakhand Bihar was separated between Bihar and Jharkhand MP was separated MP and Chhattisgarh so who does it it is only under the purview of state government sorry union government to discuss reports like public service commission finance commission all these reports and it can declare emergency that we already did so next is union executive what is union executive so executive is we have already discussed it executive is prime minister plus council of minister so they implement law framed by union legislature and they they also form different policies and and and try to implement it across the country union executive consists of president prime minister and council of minister now try to understand why president has been added here because prime minister plus council of ministers anything that do any bill which is passed by the virtue of acts done by prime minister and and council of minister does not become law if president does not sign it so that is why in union executive president prime minister and council of ministers have been added the president is the head of executive only in name where the prime minister and council of ministers are actual executives so president is called de jure and prime minister is called de facto leader of india so president is on president does not make the laws he only signs the laws signs the bills to make it law article 52 of our so let me go to president so president is his head of state of india any particular bill will become act or law only with his signature so let's go to president so president has to be there creation of post is by article 52 he is the constitutional head of the country is the first citizen head of executive and the commander in chief of all three armed forces no war can be done without his permission can he take discretionary decision no all his decision are taken with the advice of prime minister plus council of minister there are only few discretionary decision which president can take if it is in purview of your syllabus i'll discuss it otherwise i'll leave it because it is not important so that is the thing one thing is important that no court of law in india can ever question his conduct or prosecute him he cannot be put under jail when he is the president of india that's as simple as that article 54 and 55 of the constitution stipulate that the president should be elected i told that if head of state is elected then only the country becomes republic so i told is that i told that india is a republic and if india is a republic it is very much known from this fact that our head of state which is president has to be elected now is president elected directly from people of india no the election of president is an indirect election so first thing that comes in my mind when i talk about election is indirect election what do i mean by indirect election so indirect election means we choose our MLAs and MPs and elected MLAs not nominated always remember in president election only elected MLAs and MPs nominated one will not participate elected MLAs and MP will participate in voting for choosing president of india electing president of india whosoever gets more vote will become the president of india so look at here it has been written that president is elected by electoral colleges of elected member of both the houses of parliament and all elected member of legislative assembly of the state the supreme court judges administer him the oath of office so you might have seen oath ceremony of our prime minister mr mody so oath was administered by the president of india but if if president is coming to power who will administer oath oath of the president so it is generally chief justice of supreme court who administers oath of the president if chief justice is not available then the senior most judge of the supreme court will be administering the oath of the president his term of office is five year he is eligible for reelection when he goes against the constitution he can be removed from the office by parliament through a motion of impeachment and there is motion of impeachment written over there the president is fundamental part of parliament and also the protector of constitution he he is protector of constitution but always remember remember this this was a debate of i mean on this question there was a debate he's protector of constitution but who is custodian of constitution who is custodian of constitution it's supreme court of india this question was asked in upsc examination which we fondly call is examination it was asked that who is the custodian of constitution and and the answer was supreme court of india so no one can challenge this so protector may president may be protector but custodian of constitution is supreme court of india he has to ensure that no one violates the constitution if president himself violates the constitution he can be impeached under article 61 so four articles you have to remember 52 is there should be a president so this is for post of president 54 and 55 is a election of president and 61 is removal of president which can also be called impeachment of president so why president will be impeached there can be only one case if he is violating constitution and this is that is why sometimes the indian constitution comes under a lot of scrutiny because violation of constitution has not been defined that what do you mean by violates the constitution so it has been left on wins and fancies of different people who are there to scrutinize the act of president of india so generally violation of constitution means what i what i understand from the violation of constitution is that most of the there are few discretionary power given to president so those have been mentioned in in in in constitution very very well apart from this discretionary powers other powers of president has to is not discretionary it has it i mean he has to do those things from the advice of prime minister and and with the help of council of minister so generally violation of constitution would be that if he starts acting on his own behalf without taking any suggestion from prime minister and council of minister on the subjects which are not under his discretionary power list is it it may be considered as violation of constitution so where it has been mentioned it has been mentioned in article 61 so if any president has to be impeaced he has to be given a 14 days of notice and impeachment cannot come that i become a member of parliament and i go and give a notice that i want to impeach president of india the the procedure is not that shallow so procedure is like one fourth of the member of any house it can be in any house loksava or rajasava so if it is uh uh if impeachment motion is is is been introduced in loksava it should be one fourth of 545 or it should be one fourth of 245 whichever house it is getting uh presented so one fourth of the member have to be signed that motion impeachment motion and then it has to be discussed in the house only when two-third of the members vote then only the president can be removed otherwise he cannot be removed so removal of president is not that easy that one member is not satisfied with the work of president of india so he can go and he can remove the president this is not the case now what should be qualification again he has to be citizen of india there is no doubt about it he should have completed 35 years so remember loksava uh sorry president 35 years member of rajasava 30 year member of loksava 25 year he should be qualified the other qualifications are he should be able to accept from the age criteria age criteria of loksava but the president has to be 35 years of age so he should be qualified for the election as member of loksava he should not hold any office of profit under the government so that is that i have already explained that what is office of profit now what are the powers of president so executive power so i told that uh president is highest uh i mean tallest member of executive then come prime minister so president appoints prime minister on his recommendation appoints other ministers president has the power to appoint persons to high post like attorney general is appointed by gag comprotoler and auditor general is uh appointed judges of supreme court and high courts governors chairman and member of finance commission union public service commission election commission then come as he is the commander in chief of three armed forces so those chiefs would be appointed so ambassador to different countries so if india sends uh any particular ambassador to different countries uh the ambassadors are appointed by president of india and they represent india on behalf of president of india not prime minister remember this always legislative power any legislative power is house both the house whether loksava and or rajasabha only president can tell that only president can summon it summoning it means after the recess if it has to be restarted president will tell that this is the day from where loksava and rajasabha meeting will start and in i mean generally the first session every year the first session of the uh uh loksava and rajasabha there would be a joint meeting of loksava and rajasabha and then he addresses any bill i have already discussed becomes an act or law only with the approval of uh president but it is not try to understand this is a very these are very beautiful procedures so when we discuss about president uh in indian constitution people say that president does not have much power in his hand but actually the constitution has been drafted so beautifully that nobody can force the president to sign any bill immediately and if president is not signing any bill immediately that is not uh that is definitely not the violation of constitution it is not violation of constitution so president whenever a bill goes to president for signing it it is the right of president that he can analyze different characteristics of the bill if he's happy with the bill he can sign it if he's not happy with the bill he has three different options with him he can return the bill for reconsideration but this is but this is very uh dicey because if if president returns the bill for reconsideration then if it is again so it has again to be passed by loksava and rajasabha and loksava and rajasabha may change uh uh some policies may not change some policies if loksava and rajasabha passes it and sends it back to uh president president has to sign it or no option now now he cannot do anything so if president is returning any bill for reconsideration and loksava and rajasabha passes it again and it is sent back to president he has to sign it no other option so so what is done is the other method is then the other method is he can withheld the withhold the bill and withholding the bill means he will not sign he'll say that i'm withholding the bill as soon as he withholds the bill it does not become act the legitimacy of the bill is gone now if the bill has to be again brought the bill has to be uh it has again to be introduced in parliament new policy procedure everything has to be made and then again it has to be discussed and again it has to be passed by loksava and rajasabha and then again to be sent back there is third option and this is the most beautiful option the president can keep this bill in one of his cupboard and forget about it so there is no so he can just keep the bill with him he cannot say the status of the bill he will not return it also he'll not withhold it also he'll just keep the bill with him and nobody has power to ask that what have what you are doing doing with the bill he can always say that i'm an arising the so this is one of the most this is one of the most beautiful attributes of our characteristics of constitution that nobody can force resident to to sign any bill in haste so this is the legislative power then i have already told that he appoints two members of anglo india and 12 members in rajasabha and he acts upon the recommendation of prime minister judicia power i have already told you that judicia power is he appoints the judges of supreme court and high court if he needs any legal suggestion so he can approach supreme court suppose a bill has been sent to the president where a lot of legal procedures have been discussed so a president can be cannot i mean a president may not be a good may not have good knowledge of legal procedures so in that case if he needs any particular suggestion from any particular suggestion he can approach supreme court for that and and and he can get that suggestion also try to understand if any person has been given capital punishment capital punishment means what do you call death sentence by by indian indian law or any other imprisonment case he can reduce the imprisonment he can cancel the capital punishment president has all the power so even if supreme court of india gives somebody capital punishment and he approaches president of india president of india is free to i mean not free but president of india will look into legality of this whether the capital punishment has been given as per the legal procedure and if he finds that legal procedure has not been followed properly he can cancel the capital punishment then financial power always remember that i told that financial bills all financial bills has to be sent has to be introduced in loke sabha first but it is necessary that you take permission of president any financial bill there are two things to be remembered for financial bill that forced to be introduced in loke sabha but you can never introduce it in even in loke sabha if president does not agree so you have to take permission of president it is only after president give permission it can be discussed military powers president is commander in chief he appoints chief of army all these things he only can declare war and peace on the recommendation of parliament emergency power president only i when i was discussing emergency i told that president only can declare emergency now try to understand remember these these articles article 352 to 360 part 18 of indian constitution is about emergency emergency has been taken from government of india at 1935 effects of emergency on fundamental rights and is is borrowed from constitution of germany just remember these things from where it has been taken emergency procedure has been taken from government of india at 1935 now in remember in in emergency except few of the fundamental rights all fundamental rights are are are taken back from the people of india so nobody can do anything about that we have national emergency state emergency and and financial emergency so i didn't discuss state emergency at that point of time because state emergency is when the chief minister does not have enough number like in karnataka now he has been told to prove his majority now if he's able to prove the majority state emergency will end if he's unable to prove the majority state emergency will continue and as soon as he resigns the governor will take over from him now governor will look for other parties to form the government if they are able to form the government then again state emergency will go if they are unable to form the government then state will go for elections now what is national emergency when there is a threat to the security of any area in the country or the whole of it through external attack and internal disturbances so national emergency is not only due to external attack if government feels that due to internal attack like in 1975 there was no external attack on india it was due to internal disturbances why the emergency was imposed so then only national emergency can be imposed and to impose national emergency first parliament has to give approval if parliament gives approval it or if without parliamentary approval any emergency has been imposed without parliamentary approval any emergency has been imposed then within one month of imposing emergency both the houses has to agree with that so one month of declaration the emergency remains in force for six months one part once the parliament has given its approval from the day it has been imposed it will continue till six months can it be taken away before six months yes it can be taken away before six months but anyway if it is not taken away before six months it will last after six months and the government will again have to take permission of the parliament when I talk parliament I am talking about both the houses Lok Sabha and Rajya Sabha state emergency I have already discussed with you so state emergency is government for any region cannot function according to the principle of constitution state emergency is declared for six times in totality now if the approval of both the houses of parliament is taken financial emergency the kind of emergency can be declared if it is failed at financial situation in the country has deteriorated it has never been taken till now so this is very uh this is not important so our presidents have been discussed till here discretionary power of the president I was mentioning this term time and again discretionary power of the president the president can exercise certain powers without waiting for approval of union woman like when elections happen obviously uh Shreyas is asking that when uh prime minister Indira Gandhi imposed the emergency did she have the approval of president obviously she had the approval of president then only the emergency was approved he may invite the leader now like after election generally the party which gets the majority how was it removed she the parliament only removed it and see see who forced her to live it was on her discretion so parliament approved it because she was the prime minister and her party had her party had enough majority in Lok Sabha and Rajasabha to to get it done so she was able to get the acceptance of the parliament I mean both the houses Lok Sabha and Rajasabha and it was time and again approved by president so that's how and and when she wanted uh that the emergency has to be revoked now then only the emergency got revoked and and the nation went went for elections so he may invite the leader of any party to form government when no single party has majority after election generally what happens uh that if any party has got majority the leader of the the all the members of the party getting majority will choose its leader like when BJP got 303 seats they chose uh mr. Modi as their leader and then president of India then mr. Modi has to approach uh the president of India stating that my party has got the maximum seats in sorry the the uh more than 272 seats in in in recent elections and I have been elected as member sorry I've been elected as leader of the party so I form I uh state I mean I I I can form the government so then he will get invitation to prove uh the majority generally it is not needed but what happens if any party is not able to get 272 seats then it is on the discretion of president whom he's inviting for forming the government similarly any bill which is sent to the president of India it is on the discretion of president of India whether he he's signing the bill whether he's returning the bill for reconsideration whether he's withholding it whether he is not signing it for some some some point and if president of India feels that the particular government does not have enough majority then uh president can dissolve the house generally it happens on the not generally it happens on the recommendation of the current prime minister now let me move to the prime minister constitution has provided for a council of ministers with the prime minister as its head to assist the assist and advise the president in the administration of the country still it is the prime minister who has the real power to carry out administration the prime minister can give any advice to the president and if it is not his discretionary power he has to do it like if India is going for a war president cannot decide when India will go for war and when it will not go for war prime minister and his council of ministers will decide that now it is time to retaliate or now it is time to attack any country and they'll go and suggest the president that you have to we are taking this decision and president has to agree with this decision president is head of the country where prime minister is head of the government he remains in office as soon as as as long as he enjoys 270 support of 272 members that is called trust of the Lok Sabha what are the doubts shreyas i already see as far as uh emergency your your question is there there there have to be measures the constitution wordings are so uh uh subjective that if any government who has good majority in Lok Sabha and Rajya Sabha wants to impose emergency in India they can impose emergency in India there is nothing called there is nothing called uh uh measures to prevent it so if the government wants to impose emergency uh government can impose emergency if they are powerful in both Lok Sabha and Rajya Sabha because generally the the president is from ruling party if if like if you look at the current scenario BJP has government in most of the states plus hence if they have government in most of the states it means that most of the MLAs in countries are they are they are MLAs then uh in Lok Sabha they have majority in Rajya Sabha they don't have majority but pretty soon they'll be able to get majority in Rajya Sabha also so what happens in that scenario is that uh uh whenever once they get majority in Rajya Sabha and in in if god forbid they want to impose emergency in India nobody will be no no particular there is nothing like that that no anyone can stop them it is very much possible so it is on the discretion of prime minister and council of minister as simple as that yes it was valid who is saying that it was not valid why it was needed is is is different different people that have different opinion on why it was needed the congress told that the the the situation in the country is is is very bad corruption is happening and all those things and we needed absolute power to to overcome it the opposition says said that prime minister Indra Gandhi was facing a lot of difficulty in running the government as well as the opposition was getting stronger new leaders were coming on the front and and she felt that she can lose her lose power pretty soon so that's why she wanted to kill the opposition and and and emergency was obviously dictator simp can can develop but there are i mean not procedures but it can be challenged in supreme court of India if supreme court of India feels that this has not been done as per the law so supreme court of India can suggest the government that the emergency that you have imposed has to be removed so that said what do you mean by what about judiciary constitution prohibit the dictator save there is no dictator when when Indra Gandhi imposed emergency he didn't she didn't become dictator she was prime minister of India only but the only thing is that she had absolute power and and with absolute power whether you call yourself prime minister or president or anything people will say that um courts will never lose power in in emergency provision courts will not lose power that's that's wrong only the fundamental right fundamental rights are suspended for some time till the time emergency is there courts do not lose power no exceptional circumstances what do you mean by exceptional circumstance i'm saying they'll not lose power but it is written in constitution what do you mean by exceptional circumstances okay appointment and removal of minister and allocation of portfolio so so different function of uh uh prime minister is that first once he's chosen as prime minister he takes oath and after oath his council of minister takes oath and various portfolios are allocated to different ministers as as per the um wish of prime minister of India his decision is final in allocation of portfolio if he wants to remove any minister he can remove it uh on his wish second thing he's head of the government so he is responsible for all the actions of government then he coordinates the activities of various ministers he takes great interest in framing policy nothing head of the union cabinet already discussed what is union cabinet union cabinet is the real executive has ministers in two hierarchies the first one is cabinet level and second one is minister of state so if you look at look at the Indian cabinet now we have prime minister of India uh who heads the cabinet prime minister he is the head of the cabinet then we have three layers of minister two layers of ministers so one is cabinet minister and one is ministers of state in minister of states we have uh independent charge and non-independent charge who are called minister of states so uh the cabinet has two kinds of responsibilities the minister of every department is responsible for administration of he will take care every minister will take care of his his department and then there comes a collective responsibility so collective responsibility means uh when any minister is working for the government he is obviously individually responsible for his department but there is a collective responsibility with required to decision so suppose what happens uh suppose i feel that some particular acts done by a particular minister is not good for India so i can bring no confidence motion against the government no confidence motion cannot come against a specific minister i can demand that the minister should be removed but the legislative procedure is such that legislative procedure is such that no confidence motion has to be come against the government and that is why union cabinet is collectively responsible uh in front of the parliament the cabinet can be in power only trust of the parliament trust of the parliament means 272 this number is important when it loses the trust it is removed by a no confidence motion so as simple as that no confidence motion comes against the government does not come against any particular minister so that's the thing so this is the end of the chapter no confidence motion has been written just read about it and then i'll wrap up the session so shreyas says you are asking that no so power under emergency is absolute only over the people not over all organs it is at least judiciary is separated from this judiciary can take decisions tell me have you read it okay so no confidence motion is if a majority of loksava member lose their confidence on and withdraw support to the prime minister and his cabinet the prime minister as well as cabinet minister will have to resign it means that if they do not enjoy trust of the parliament it means that if they are not supported by 272 members then they have to resign the motion passed by loksava members at the center and the vidhan sabha members at the state level asking for a resignation of ruling party and the government at the center in the state respectively because they don't trust them and and and and this is the thing so this is only uh what i wanted to discuss in this is that no confidence motion this this privilege is enjoyed by loksava members and vidhan sabha members this is not enjoyed by any other uh specific uh any other i mean this is not enjoyed by rajya sabha members and vidhan parisad members how many till around 34 35 it would be some something like this so solve these questions what do you mean by one is a it is filling the blanks india is a federal country republic country secular country you can feel anything second question good or your your your mind is working in very right direction india is a country good right the same answer in ntsc also that i don't believe in any option it should be india is a country so again answer is palia man third answer is vice president of india good so third answer is vice president fourth answer it's not 35 medha it's 25 loksava it is 25 question number five the commander in chief of all three forces is president of india it is 54 and 55 the two articles 54 and 55 the chairman of union public service commission is appointed by president of india question number seven is president of india okay so thank you so much in next class we will discuss state and then comes judicial system and the fifth chapter is just let me check indian election system now the things will become very very easy most of the things we'll know defense of nation national integration okay so next two class i'll try to finish all these things doesn't matter so chapter number three now you have to read and let's meet next week okay shallow thank you so much