#254: Articles of the NEW Govt.

Revise all in one place

Irrespective of the time you spend on it:

Ruling party will still form the govt.

Opposition will still sit to the left of the Speaker!

What’s in it for you to KNOW for UPSC?

ARTICLES OF CONSTITUTION related to the Govt. Formation

Article 74: Council of Ministers w/ PM as head aid & advise the President

Article 75:

• On staking claim, the leader is appointed PM by the President

• Council of Ministers shall not exceed 15% of LS members

Article 77: All executive actions are in President’s name allowing them to allocate ministerial responsibilities; business of the govt. to run as per 77

Article 78: PM to communicate Minister Council decisions to the President

Other important Articles

Article 79: Sanctions formation of the Parliament

• There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha)

• President is not a member of the either houses but an integral part of the Parliament

Article 80: Composition of RS to be 250; 12 to be nominated by the President

Article 81: Composition of LS to be 552

550 from states, 20 from UT, 2 nominated from Anglo Indian community*

*126th AA, 2020 - abolished this provision

Article 83:

• LS to dissolve automatically after 5 years of first sitting

• Dissolves earlier in case Govt. loses the majority

Note:

a) LS duration can be extended for 5 years during emergency (1 year at a time)

b) Elections must within 6 months of dissolution of emergency (u/A 352)

Article 84: An Indian is qualified to contest LS at age 25+

Article 85: President to summon each House to meet at such time & place as he thinks fit provided there’s a gap of not more than 6 months between 2 sessions

Conventionally (not constitutionally), the Parliament usually meets thrice a year - 

1. Budget: Jan-April

2. Monsoon: July- Aug/Sept

3. Winter: Nov-Dec (smallest)

Article 93:

• Mandates election of Speaker & Dy. Speaker of LS by its members

• Both are elected members (not nominated) of the house

Conventionally (not constitutionally) Speaker is from ruling party & Dy. Speaker from Opposition BUT this is not mandatory (2022 PYQ on this)

Article 94: Office of the speaker continues even post LS dissolution. It dissolves on first day of new LS

The first day of Lok Sabha, the President summons the Parliament and conducts a joint session (LS & RS).

A senior most member from Lok Sabha is chosen and is termed as Speaker Pro-tem (convention adopted from French Parliament), to whom the President affirms an oath.

This Pro-tem conducts election for new speaker

Now, the speaker pro-tem conducts an election for New Speaker who will become the Presiding officer of the house.

Note: Revise 100+ Articles of Indian Constitution here