Union Executive

A-74 Council of Ministers to aid and advise President

• There shall be a Council of Ministers with the Prime Minister at the head to aid
and advise the President who shall, in the exercise of his functions, act in
accordance with such advice:
• Provided 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
• The question whether any advice was tendered by Ministers to the President shall
not be inquired into in any court

Other provisions as to Ministers

• 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 Minister shall hold office during the pleasure of the President
• The Council of Ministers shall be collectively responsible to the House of the
People
• Before a Minister enters upon his office, the President shall administer to him the
oaths of office and of secrecy according to the forms set out for the purpose in the
Third Schedule
• A Minister who for any period of six consecutive months is not a member of either
House of Parliament shall at the expiration of that period cease to be a Minister
{Article 75(5)}
• The salaries and allowances of Ministers shall be such as Parliament may from
time to time by law determine and, until Parliament so determines, shall be as
specified in the Second Schedule

Article 75
• (1) 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(
• 1A Total COMs shall not exceed 15% (91st amnd)
• (2) The Minister shall hold office during the pleasure of the President
• (3) The Council of Ministers shall be collectively responsible to the House of the
People
• (4) Before a Minister enters upon his office, the President shall administer to him
the oaths of office and of secrecy according to the forms set out for the purpose in
the Third Schedule
• (5) A Minister who for any period of six consecutive months is not a member of
either House of Parliament shall at the expiration of that period cease to be a
Minister
• (6) The salaries and allowances of Ministers shall be such as Parliament may from
time to time by law determine and, until Parliament so determines, shall be as
specified in the Second Schedule The Attorney General for India
 Responsibility of COM
 Collective
 Individual
 NO Legal

No Confidence Motion & Confidence Motion

• Based upon the concept of collective responsibility of council of minister towards
parliament
• LS Rules 198 mentions it
How?
• A notice is given to speaker, speaker reads it.
• In case 50 members are in favour, a date for discussing the motion is assigned
vote usually takes in 10 days.
• Once passed by majority govt. is removed.
• The concept of whip worked in this motion.

What is a whip?

 A whip is an official of a political party whose task is to ensure party discipline in

a legislature.
 This means ensuring that members of the party vote according to the party
platform, rather than according to their own individual ideology or the will of their
donors or constituents. Whips are the party's "enforcers".
 A whip in parliamentary parlance is a written order that party members be present
for an important vote, or that they vote only in a particular way.
 The term is derived from the old British practice of “whipping in” lawmakers to
follow the party line. In India all parties can issue a whip to their members.
 Parties appoint a senior member from among their House contingents to issue
whips — this member is called a Chief Whip, and he/she is assisted by additional
Whips.

KINDS OF WHIPS
• The One-line whip to inform the members about a vote. It allows a member to
abstain in case they decide not to follow the party line.

• The Two-line whip is issued to direct the members to be present in the House at
the time of voting. No special instructions are given on the pattern of voting.

• The Three-line whip is issued to members directing them to vote as per the party
line. It is the strictest of all the whip.

Functions of Whip
• Crucial role in ensuring the smooth and efficient conduct of business on the floor
of the House.
• ensures discipline among party members
 • identifies the signs of discontent among MPs and informs the respective leaders of
their party.
• if an MP violates his party’s whip, he faces expulsion from the House under the
Anti Defection

Shadow Cabinet
 The Shadow Cabinet is the team of senior spokespeople chosen by the Leader of
the Opposition to mirror the Cabinet in Government. (Official concept in UK)
 Each member of the shadow cabinet is appointed to lead on a specific policy area
for their party and to question and challenge their counterpart in the Cabinet.
 In this way the Official Opposition seeks to present itself as an alternative
government-in-waiting.
 Opposition members who are given charge of these “portfolios” are responsible for
monitoring all developments in those respective fields. These “ministers” could
also counter the Union Ministers if need arises. These cabinets are often informal
and its decisions are not binding.
 Similar concepts exist in Australia, Canada, France, New Zealand and South
Africa, among others, in some form.
 There have been multiple experiments with running shadow cabinets in India.
However, these have happened only at the state level.

Leader of Opposition
• Key Functionary
• Not mentioned in the constitution
• Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 defines it
• the evolution of British Parliament
• Shadow Prime Minister
• Alternate option during government fall
• Post recognised by Speaker/Chairman
• The Lok Sabha Speaker should consider the leader of the largest pre-poll alliance
• Congress with 52 MPs (Leader of Largest Opposition Party)
• 10% law does not exist
• THE SALARY AND ALLOWANCES OF LEADERS OF OPPOSITION IN
PARLIAMENT ACT, 1977 only talks about salary and benefits not the eligibility
• After Anti-Defection law, even one member is considered as Party
 • Article 76 of the Constitution mentions the office of AG of India
• The office is the part of Union Executive
• Also, known as highest law officer of the country

Appointment Procedure & Qualifications

 Appointed by the President on the advice of the Council of Ministers
 Qualified to be appointed a judge of the Supreme Court
 Must be a Citizen of India
 Been a judge of some High Court for five years
 Advocate of High Court for Ten years
 An Eminent Jurist, in the opinion of the President.

Tenure
• Not Fixed
• On the pleasure of President
• Submit resignation to the President
Duties
• To give advice to the Government of India (GoI) upon such legal matters, which are
referred to her/him by the President.
• To perform such other duties of a legal character that are assigned to him by the
president.
• To discharge the functions conferred on him by the Constitution or any other law.

Duties assigned by the President

• To appear on behalf of the Government of India in various courts (SC/HC) in India
• To represent the Government of India in any reference made by the president to
the Supreme Court under Article 143 of the Constitution
Rights
• Right of audience in all courts
in the territory of India.
• Right to take part in the
proceedings of both the Houses
of Parliament and their joint
sittings, but doesn’t have the
right to vote.
• Right to speak or to take part in
the meeting of any committee of
the Parliament of which he is
named as a member.
• Enjoys all the privileges and
immunities that are available to
a member of parliament.

Rights
• Not a full-time counsel for the
Government, hence he/she is
not debarred from private legal
practice.

Limitations
• He should not advise or hold a brief against the Government of India.
• He should not advise or hold a brief in cases in which he is called upon to advise
or appear for the Government of India.
• He should not defend accused persons in criminal prosecutions without the
permission of the Government of India.
• He should not accept appointment as a director in any company or corporation
without the permission of the Government of India.

Attorney General of USA

• The United States attorney general (AG) leads the United States Department of
Justice, and is the chief lawyer of the federal government of the United States.
• The attorney general serves as the principal advisor to the president of the United
States on all legal matters.
• The attorney general is nominated by the president and confirmed by the U.S.
Senate.
• There is no designated term for the attorney general, rather the president can
remove him or her from the office at any time. Additionally, the attorney general
can be impeached and tried by Congress if deemed necessary.
• Unlike the United States, in India, the attorney general is not part of Cabinet,
there is a Law minister in India

Who is the Solicitor General

• The Solicitor General of India (SG) is the Law Officer under the Attorney General.
• Assists the Attorney General in judicial matters.
• Additional Solicitors General (ASGs) to assist SG’s work in courts.

Appointment and Tenure

• The President appoints Solicitor General of India.
• Eligibility is similar to Attorney General
 • Solicitor General is a statutory post
• Solicitor General and Additional Solicitor Generals’ office and duties are governed
by Law Officers (Conditions of Service) Rules, 1987 and not by Constitution
• Eligible for reappointment

Duties
• The Solicitor General can appear in the Supreme Court or any High Court on
behalf of the Government of India.
• Unlike the Attorney General, Solicitor General does not tender legal advice to the
Government of India.
• His workload is confined to appear in courts on behalf of the union of India.
Similarities
• The private practice of both the Attorney General and the Solicitor General is
prohibited.
• Apart from this, he cannot advise anyone against the government or government
undertakings.
• The fees of both officers are fixed per day and per case.

Advocate General
• Article 165 has provided for the office of the advocate general for the states
Appointment & Qualification
• appointed by the governor
• qualified to be appointed a judge of a high court

Tenure of Office
• No Fixed tenure
• Upon Pleasure of Governor
• quit his office by submitting his resignation to the governor.
• By convention, he resigns when the government (council of ministers) resigns or is
replaced, as he is appointed on COMs advice.
Duty
• It shall be the duty of the Advocate General to give advice to the Government of
concerned State upon such legal matters and to perform such other duties of a
legal character;
• as may from time to time be referred or assigned to him by the Governor and
• to discharge the functions conferred on him by or under this constitution or any
other law for the time being in force.
Article 177
• have the right to speak-in, and otherwise take part in the proceedings of
Legislative Assembly of the State or in case of a State having a Legislative Council;
Both Houses, and to speak-in, and otherwise to take part in the proceedings of,
any committee of the Legislature of which he may be named a member
• Not entitled to vote.
Supreme Court Cases
• Joginder Singh Wasu v/s State of Punjab The Advocate General and his Law
officers are basically engaged to deal with court cases in the High Court by State
 Government and the relationship between the Government and Law Officers is
that of a client and counsel.
• State of U.P. & Others v/s U.P. State Law Officers Associations & others The
Advocate General and his office defends and protects the interest of State
Government and gives invaluable legal guidance to the State Government in
formulation of its policy and execution of its decisions.

A 78 Duties of Prime Minister as respects the furnishing of information to the

President, etc.
• It shall be the duty of the Prime Minister —
(a) 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;
(b) 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
(c) if the President so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which has
not been considered by the Council.