India follows a bicameral system at both the centre and state level. Under this system, the state’s legislature is divided into two parts – Legislative Assembly or Vidhan Sabha and Legislative Council or Vidhan Parishad.
Members of the Legislative Assembly are directly elected by the people through assembly elections. Vidhan Parishad or Legislative Council is a permanent body, which can be formed or abolished when the Legislative Assembly passes a special resolution.
The Legislative Council is the upper house of the state. Its establishment is defined in Article 168 of the Constitution of India.
As of January 2020, 6 out of 28 states have a State Legislative Council. The states with bicameral legislature include Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. These states have both the Legislative Council and Legislative Assembly.
Eligibility to be a member of State Legislative Council
To become a member of a State Legislative Council (MLC), a person must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters’ list of the state for which he or she is contesting an election. He or she may not be a Member of Parliament and Member of the State Legislative Assembly at the same time.
Tenure of Members
The tenure of the MLCs are six years. One-third of the members of State Legislative Council retire after every two years.
Member Composition
The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members.
MLCs are chosen in the following manner
One third are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.
One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
One twelfth are elected by persons who are graduates of three years’ standing residing in that state.
One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.
Role of State Legislative Council The State Legislative Council also have no role in the passing of money bills. But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.
Difference between the Legislative Assembly and the Legislative Council
The term of the Legislative Assembly is five years unless it is dissolved earlier on the request of the chief minister. The tenure of the members of the council is six years, and a third of the members of the House retire after every two years.
Legislative Assembly is the lower house, much like the Lok Sabha of the Parliament. Legislative Council is the upper house in the state and like the Rajya Sabha, it is a permanent House.
Assam Legislative Council
The Assam Legislative Council was the unicameral legislature of Assam in India from 1913 to 1935 and then the upper house of the bicameral legislature from 1935 to 1947, when it was abolished by the India (Provincial Legislatures) Order, 1947.
Many provisions of the Indian Constitution are borrowed from well-established provisions found in the constitutions of various countries. Framers of our constitution did change the provisions to suit India’s scenario and subject.
Some of the important borrowed provisions are provided below.
Britain
Parliamentary government
Rule of Law
Legislative procedure
Single citizenship
Cabinet system
Prerogative writs
Parliamentary privileges
Bicameralism
Ireland
Directive Principles of State Policy
Method of Election of the president
Members nomination to the Rajya Sabha by the President
Unites States of America
Impeachment of the president
Functions of president and vice-president
Removal of Supreme Court and High court judges
Fundamental Rights
Judicial review
Independence of judiciary
The preamble of the constitution
Canada
Centrifugal form of federalism where the centre is stronger than the states.
Residuary powers vest with the centre
Centre appoints the Governors at the states
Advisory jurisdiction of the Supreme Court
Australia
Concept of Concurrent list
Joint sitting of the two houses
Freedom of trade and commerce
USSR
Fundamental duties
The ideals of justice (social, economic and political), expressed in the Preamble.
France
Concept of “Republic”
Ideals of Liberty, Equality and Fraternity(contained in the Preamble)
Germany
Fundamental Rights are suspended during Emergency
South Africa
Election of members of the Rajya Sabha
Amendment of the Constitution
Japan
Concept of “procedure established by Law”
Borrowed features of Indian Constitution are as follows:
The democratic system of government can be parliamentary like India or presidential system like US, based on the relationship between the executive and the legislature.
In a parliamentary system, executive is a part of legislature, which implements the law and plays an active role in framing it as well.
The head of the state may be a monarch or a president, but these positions are ceremonial. The de-facto head of the government is generally called as the Prime Minister, for all the real executive powers are vested upon him/her.
This type of govt system is also called as the Cabinet government due to concentration of executive powers in the cabinet.
Articles 74 and 75 of India Constitution deals with the parliamentary system at the centre.
Article 163 and 164 deals with the Parliamentary system at the states.
Important Features of the Parliamentary System
Nominal and Real Head: The head of the state holds a ceremonial position and is the nominal executive. For example, the President.
Close relationship between the legislature and the executive: Prime Minister along with the Council of Ministers form the executive and the Parliament is the legislature. The PM and the ministers are elected from the members of parliament, implying that the executive emerges out of the legislature.
Executive responsible to the legislature: The executive is responsible to the legislature. There is a collective responsibility, that is, each minister’s responsibility is the responsibility of the whole Council.
Majority Party Rule: The party which wins majority seats in the elections of the Lower House forms the government. In India, the President invites the leader of the majority party in Lok Sabha to form the government. The President appoints the leader as the Prime Minister and the other ministers are appointed by the President on the advice of the Prime Minister. The President may invite a coalition of parties to form the government, in case, no party has got majority.
Collective Responsibility: The council of ministers are collectively responsible to the parliament. The lower house of parliament has an ability to dismiss a government by getting the no confidence motion passed in the house. In India, the government survives till the time it enjoys support of the majority of members in the Lok Sabha. Thus, Lok Sabha is empowered to introduce no-confidence motion against the government.
Prime Minister as the Centre of Power: In India, the Prime Minister is the real executive. He is the head of the government, the council of ministers and the ruling government. Thus, he has to play a significant and important role in the working of the government.
A Parliamentary Opposition: No government in the parliament can get hundred percent majority. The opposition plays an important role in checking the arbitrary use of authority by the political executive.
Independent Civil Service: The civil servants advice and implement decisions of the government. Civil servants hold permanent appointments based on merit-based selection process. They ensure continuity of employment even when the government changes. The civil service also ensures efficiency in execution of duties and responsibilities.
Bicameral Legislature: Most of the countries following parliamentary system, including India, have bicameral legislature. The members of the Lower House of all these countries are elected by the people. The Lower House can be dissolved, in case, the term of the government is over or there is no scope of government formation due to lack of majority in house. In India, the President can dissolve the Lok Sabha on recommendation of the Prime Minister.
Secrecy: The members of the executive in this system have to follow the principle of secrecy in matters such as proceedings, executive meetings, policymaking etc. In India, the ministers take oath of secrecy before entering their office.
A state of emergency in India can be proclaimed by the President of India during certain crisis situations. Under the advice of the cabinet of ministers, the President can overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of India.
Articles 352 to 360 in Part XVIII of the Constitution of India deals with the emergency provisions. These are given to deal with exceptional circumstances like war or rebellion and to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
The emergency provisions are influenced by the German constitution. These provisions turns India’s federal structure into a more unitary one.
Emergency provisions in Indian Constitution
A state of emergency is a period of governance that can be proclaimed by the President of India during certain crisis situations.
The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360.
The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.
The Constitution stipulates three types of emergencies-
National Emergency
Constitutional Emergency
Financial Emergency
National emergency
Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression
When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. Whereas when it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’. This term ‘armed rebellion’ is inserted from the 44th amendment, by replacing ‘internal disturbance’.
The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue.
Parliamentary approval
The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue. However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.
Revocation of proclamation
A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.
The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.
Effects on the centre-state relations
While a proclamation of Emergency is in force, the normal fabric of the Centre-State relations undergoes a basic change. this can be studied under three heads: Executive: Centre becomes entitled to give executive directions to a state on ‘any’ matter
Legislative: The parliament becomes empowered to make laws on any subject mentioned in the state list, the president can issue ordinances on State subjects also, if the parliament is not in session.
Financial: the president can modify the constitutional distribution of revenues between the centre and the states.
Effect on the life of the Lok Sabha and State Assembly
While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond the normal term for one year at a time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.
Similarly, the Parliament may extend the normal tenure of a state Legislative Assembly by one year each time during a national emergency, subject to a maximum period of six months after the emergency has ceased to operate.
Effect on fundamental rights
Suspension of Fundamental rights under Article 19: According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended.
The 44th Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.
Suspension of other Fundamental Rights: Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.
The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Article 20 and 21.
This type of emergency has been proclaimed three times so far.
The first proclamation of National Emergency was issued in October 1962 on account of Chinese aggression in the North-East Frontier Agency (Union Territory of Arunachal Pradesh and some parts of Assam)
The second proclamation of National Emergency was made in December 1971 during the attack by Pakistan.
The third proclamation of National Emergency was made in June 1975.
Constitutional Emergency OR President’s Rule
Article 355 imposes a duty on the centre to ensure that the government of every state is carried on in accordance with the provisions of the constitution. The Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in a state.
The president’s ruler can be proclaimed under Article 356 on two grounds
Article 356 empowers the President of India to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.
Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.
Parliamentary approval
A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.
Effects of President’s rule
The President acquires various extraordinary powers when the President’s rule is imposed in a state.
He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
He can declare that the powers of the state legislature are to be exercised by the parliament.
He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.
Judicial review
The 38th Amendment act of 1975 made the satisfaction of the President in invoking Article 356final and conclusive which would not be challenged in any court on any ground. This provision was deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.
Financial Emergency
Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
Parliamentary approval
A proclamation declaring financial emergency must be approved by both the Houses of Parliamentwithin two months from the date of its issue. However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
Once approved by both the houses, the Financial Emergency continues indefinitely till it is revoked.
Effects of Financial Emergency
Extension of the executive authority of the Union over the financial matters of the States.
Reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the State.
Reduction of salaries and allowances of all or any class of persons serving in the State.
Direction from the President for the reduction of salaries and allowances of all or any class of persons serving the Union; and the judges of the Supreme Court and the High Courts.
Financial emergency has not been imposed in India yet.
Indian Constitution was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950.
The original constitution is hand-written, with each page decorated by artists like Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada.
It originally had 395 articles in 22 parts and 8 schedules. But in the due course, many other articles and three other parts were added to it by subsequent constitutional amendments. The constitution now has about 450 articles in 25 parts. The Indian constitution is the world’s longest for a sovereign nation.
All the articles are not needed to be remembered but aspirants should have good idea about the nature and salient features of the Indian Constitution. And they must know the most important Articles of the Indian Constitution.
Article 2 – Admission and Establishment of the new state.
Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.
Part II ( Article 5 to Article 11 )
Article 5 – Citizenship at the commencement of the constitution.
Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.
Article 10- continuance of rights of citizenship.
Article 11- Parliament to regulate the right of citizenship by law.
Part III ( Article 12 to Article 35 )
Article 12- Definition of the state
Article 13 Laws inconsistent with or in derogation of the fundamental rights. Originally, the constitution had 7 basic Fundamental Rights, now there are only six rights. Right to property under Article 31 was deleted from the list of fundamental rights by 44th amendment act 1978 and it is made a legal right under Article 300-A.
Part III of the Constitution is described as the Magna Carta of India. ‘Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens.
The Constitution of India provides for six Fundamental Rights: Right to equality (Articles 14–18) Right to freedom (Articles 19–22) Right against exploitation (Articles 23–24) Right to freedom of religion (Articles 25–28) Cultural and educational rights (Articles 29–30) Right to constitutional remedies (Article 32)
Important Fundamental Rights
RIGHT TO EQUALITY: Article 14 to Article 18
Article 14- Equality before the law.
Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.
Article 16- Equality of opportunity in matters of public employment.
Article 17- Abolition of the untouchability.
Article 18- Abolition of titles
RIGHT TO FREEDOM: Article 19 to Article 22
Article 19 guarantees to all the citizens the six rights (a) Right to freedom of speech and expression. (b) Right to assemble peacefully and without arms. (c) Right to form associations or unions. (d) Right to move freely throughout the territory of India. (e) Right to reside and settle in any part of the territory of India. (f) Right to practice any profession or to carry on any occupation, trade, and business.
Article 20- Protection in respect of conviction for offences.
Article 21-Protection of life and personal liberty.
Article 21A – Right To Education
Article 22- Protection against arrest and detention in certain cases.
RIGHT AGAINST EXPLOITATION: Article 23 to Article 24
Article 23- Prohibition of traffic in human beings and forced labour.
Article 24- Prohibition of employment of children in factories and mines under age of 14.
RIGHT TO FREEDOM OF RELIGION: Article 25 to Article 28
Article 25 – Freedom of conscience and free profession, practice and propagation of religion.
Article 26 – Freedom to manage religious affairs.
Article 27 – Freedom as to pay taxes for promotion of any particular religion.
Article 28 – Freedom from attending religious instruction.
CULTURAL AND EDUCATIONAL RIGHTS: Article 29 to Article 30
Article 29 – Protection of interest of minorities. Article 30 – Right of minorities to establish and administer educational institutions.
Right to constitutional remedies : Articles 32 to Articles 35
Article 32 – Remedies for enforcement of Fundamental Rights.
These empowers the citizens to move to a court of law in case of any denial of the fundamental rights.
The courts can issue various kinds of writs protecting the rights of the citizens.
habeas corpus
mandamus
Writ of Prohibition
quo warranto
certiorari
This allows a citizen to move to court if they believe that any of their Fundamental Rights have been violated by the State.
Dr. B. R. Ambedkar declared the right to constitutional remedies “the heart and soul” of the Indian constitution.
Part IV - Directive Principal of states Policy ( Article 36 to Article 51 )
Article 36- Definition
Article 37- Application of DPSP
Article 39A- Equal justice and free legal aid
Article 40- Organisation of village panchayat
Article 41- Right to work, to education, and to public assistance in certain cases
Article 43- Living Wages, etc. for Workers.
Article 43A- Participation of workers in management of industries.
Article 44- Uniform civil code.( applicable in Goa only)
Article 45- Provision for free and compulsory education for children.
Article 46- Promotion of educational and economic interest of scheduled castes, ST, and OBC.
Article 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
Article 48-Organisation of agriculture and animal husbandry.
Article 49- Protection of monuments and places and objects of natural importance.
Article 50- Separation of judiciary from the executive.
Article 51- Promotion of international peace and security.
Part IVA - Fundamental Duties ( Article 51A )
Article 51A – Specifies the Fundamental Duties of every citizen
It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.
Part V ( Article 52 to Article 151 ) - Union
Article 52- The President of India
Article 53- Executive Power of the union.
Article 54- Election of President
Article 61- Procedure for Impeachment of the President.
Article 63- The Vice-president of India.
Article 64- The Vice-President to be ex-officio chairman the Council of States.
Article 66-Election of Vice-president.
Article 72-Pardoning powers of President.
Article 74- Council of Ministers to aid and advise the President.
Article 76- Attorney-General for India.
Article 79- Constitution of Parliament
Article 80- Composition of Rajya Sabha.
Article 81- Composition of Lok Sabha.
Article 83- Duration of Houses of Parliament.
Article 93- The speakers and Deputy speakers of the house of the people.
Article 105- Powers, Privileges, etc of the House of Parliament.
Article 109- Special procedure in respect of money bills
Article 110- Definition of “Money Bills”.
Article 112- Annual Financial Budget.
Article 114-Appropriation Bills.
Article 123- Powers of the President to promulgate Ordinances during recess of parliament.
Article 124- Establishment of Supreme Court.
Article 125- Salaries of Judges.
Article 126- Appointment of acting Chief justice.
Article 127- Appointment of ad-hoc judges.
Article 128-Attendance of a retired judge at sitting of the Supreme Court.
Article 129- Supreme court to be a court of Record.
Article 130- Seat of the Supreme court.
Article 136- Special leaves for appeal to the Supreme Court.
Article 137- Review of judgement or orders by the Supreme court.
Article 141-Decision of the Supreme Court binding on all the courts.
Article 148- Comptroller and Auditor- General of India
Article 149- Duties and Powers of CAG.
Part VI ( Article 152 to Article 237) - States
Article 153- Governors of State
Article 154- Executive Powers of Governor.
Article 161- Pardoning powers of the Governor.
Article 165- Advocate-General of the State.
Article 213- Power of Governor to promulgate ordinances.
Article 214- High Courts for states.
Article 215- High Courts to be a court of record.
Article 226- Power of High Courts to issue certain writs.
Article 233- Appointment of District judges.
Article 235- Control over Sub-ordinate Courts.
Part VII – Article 238 – Repealed
Part VIII – Article 239-242 – Union Territories
Part IX ( Article 243 to Article 243 O) - Panchayats
Article 243A- Gram Sabha
Article 243B- Constitution of Panchayats
Part IX-A – 243 P-243 ZG – Municipalities
Part IX-B – 243 ZH-243 ZT- Co-operative Societies
Part X – Scheduled and Tribal Areas -244
Part XI – Center- State Relations 245 – 263
Part XII ( Article 264 to Article 300 A) - Finance, Property, Contracts and Suits
Article 266- Consolidated Fund and Public Accounts Fund
Article 267- Contingency Fund of India
Article 280- Finance Commission
Article 300-A- Right to property.
Part XIII ( Article 301 to Article 307) - Trade, Commerce and Intercourse within the territories of India
Article 301-Freedom to trade, commerce, and intercourse.
Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.
Part 14: Services Under Center and State (308-323)
Article 312- All- India-Service.
Article 315- Public service commissions for the union and for the states
Article 320- Functions of Public Service Commission.
Part XIV-A ( Article 323A to Article 323B) - Tribunals
Article 323A- Administrative Tribunals
Part XV ( Article 324 to Article 329) - Elections
Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.
Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.
Part XVI ( Article 330 to Article 342) - Special Provisions to SC, ST, OBC, Minorities etc
Article 338- National Commission for the SC, & ST.
Article 340- Appointment of a commission to investigate the conditions of backward classes.
Part XVII ( Article 343 to Article 351) - Official Language
Article 343- Official languages of the Union.
Article 345- Official languages or languages of states.
Article 348- Languages to be used in the Supreme Court and in the High Courts.
Article 351-Directive for development of the Hindi languages.
Part XVIII ( Article 352 to Article 360) - Emergency
Article 352- Proclamation of emergency ( National Emergency).
Article 356- State Emergency (President’s Rule)
Article 360- Financial Emergency
Part XIX ( Article 361 to Article 367) - Miscellaneous
Article 361- Protection of President and Governors
Part XX – Article 368 – Amendment of Constitution
Part XXI – Article 369 to Article 392 – Special, Transitional and Temporary Provisions
Article 370 – Special provision of J&K.
Article 371A – Special provision with respect to the State of Nagaland
Article 371-J: Special Status for Hyderabad-Karnataka region
Part XXII – Article 392 to Article 395 – Short Text, Commencement, Authoritative Text in Hindi and Repeals
Article 393 – Short title – This Constitution may be called the Constitution of India.
Article 395Repeals India Independence Act and Government of India Act, 1935
The 17th Lok Sabha of India came into being on May 30, 2019 with the oath-taking ceremony of Prime Minister Narendra Modi along with the Council of Ministers. 23 new members have been included in the new Cabinet. Here is a full list of portfolios of current Cabinet Ministers, Ministers of State (Independent Charge) and Ministers of State.
Prime Minister of India
Prime Minister and also in-charge of:
Ministry of Personnel, Public Grievances and Pensions; Department of Atomic Energy; Department of Space; and All important policy issues; and All other portfolios not allocated to any Minister.
Cabinet Ministers
Ministers
Portfolio
Rajnath Singh
Minister of Defence.
Amit Shah
Minister of Home Affairs.
Nitin Jairam Gadkari
Minister of Road Transport and Highways; and Minister of Micro, Small and Medium Enterprises.
D.V. Sadananda Gowda
Minister of Chemicals and Fertilizers.
Nirmala Sitharaman
Minister of Finance; and Minister of Corporate Affairs.
Ram Vilas Paswan
Minister of Consumer Affairs, Food and Public Distribution.
Narendra Singh Tomar
Minister of Agriculture and Farmers Welfare; Minister of Rural Development; and Minister of Panchayati Raj.
Ravi Shankar Prasad
Minister of Law and Justice; Minister of Communications; and Minister of Electronics and Information Technology.
Harsimrat Kaur Badal
Minister of Food Processing Industries.
Thaawar Chand Gehlot
Minister of Social Justice and Empowerment.
Dr. S. Jaishankar
Minister of External Affairs.
Ramesh Pokhriyal ‘Nishank’
Minister of Human Resource Development.
Arjun Munda
Minister of Tribal Affairs.
Smriti Irani
Minister of Women and Child Development; and Minister of Textiles.
Dr. Harsh Vardhan
Minister of Health and Family Welfare; Minister of Science and Technology; and Minister of Earth Sciences.
Prakash Javadekar
Minister of Environment, Forest and Climate Change; and Minister of Information and Broadcasting.
Piyush Goyal
Minister of Railways; and Minister of Commerce and Industry.
Dharmendra Pradhan
Minister of Petroleum and Natural Gas; and Minister of Steel.
Mukhtar Abbas Naqvi
Minister of Minority Affairs.
Pralhad Joshi
Minister of Parliamentary Affairs; Minister of Coal; and Minister of Mines.
Dr. Mahendra Nath Pandey
Minister of Skill Development and Entrepreneurship.
Arvind Sawant
Minister of Heavy Industries and Public Enterprise.
Giriraj Singh
Minister of Animal Husbandry, Dairy and Fisheries.
Gajendra Singh Shekhawat
Minister of Jal Shakti.
Ministers of State (Independent Charge)
Santosh Kumar Gangwar
Minister of State (Independent Charge) of the Ministry of Labour and Employment.
Rao Inderjit Singh
Minister of State (Independent Charge) of the Ministry of Statistics and Programme Implementation; and Minister of State (Independent Charge) of the Ministry of Planning.
Shripad Yesso Naik
Minister of State (Independent Charge) of the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH); and Minister of State in the Ministry of Defence.
Dr. Jitendra Singh
Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region; Minister of State in the Prime Minister’s Office; Minister of State in the Ministry of Personnel, Public Grievances and Pensions; Minister of State in the Department of Atomic Energy; and Minister of State in the Department of Space.
Kiren Rijiju
Minister of State (Independent Charge) of the Ministry of Youth Affairs and Sports; and Minister of State in the Ministry of Minority Affairs.
Prahalad Singh Patel
Minister of State (Independent Charge) of the Ministry of Culture; and Minister of State (Independent Charge) of the Ministry of Tourism.
Raj Kumar Singh
Minister of State (Independent Charge) of the Ministry of Power; Minister of State (Independent Charge) of the Ministry of New and Renewable Energy; and Minister of State in the Ministry of Skill Development and Entrepreneurship.
Hardeep Singh Puri
Minister of State (Independent Charge) of the Ministry of Housing and Urban Affairs; Minister of State (Independent Charge) of the Ministry of Civil Aviation; and Minister of State in the Ministry of Commerce and Industry.
Mansukh L. Mandaviya
Minister of State (Independent Charge) of the Ministry of Shipping; and Minister of State in the Ministry of Chemicals and Fertilizers.
Ministers of State
Faggansingh Kulaste
Minister of State in the Ministry of Steel.
Ashwini Kumar Choubey
Minister of State in the Ministry of Health and Family Welfare.
Shri Arjun Ram Meghwal
Minister of State in the Ministry of Parliamentary Affairs; and Minister of State in the Ministry of Heavy Industries and Public Enterprises.
General (Retd.) V. K. Singh
Minister of State in the Ministry of Road Transport and Highways.
Krishan Pal
Minister of State in the Ministry of Social Justice and Empowerment.
Raosaheb Danve
Minister of State in the Ministry of Consumer Affairs, Food and Public Distribution.
G. Kishan Reddy
Minister of State in the Ministry of Home Affairs.
Purushottam Rupala
Minister of State in the Ministry of Agriculture and Farmers Welfare.
Ramdas Athawale
Minister of State in the Ministry of Social Justice and Empowerment.
Sadhvi Niranjan Jyoti
Minister of State in the Ministry of Rural Development.
Babul Supriyo
Minister of State in the Ministry of Environment, Forest and Climate Change.
Sanjeev Kumar Balyan
Minister of State in the Ministry of Animal Husbandry, Dairying and Fisheries.
Dhotre Sanjay Shamrao
Minister of State in the Ministry of Human Resource Development; Minister of State in the Ministry of Communications; and Minister of State in the Ministry of Electronics and Information Technology.
Anurag Thakur
Minister of State in the Ministry of Finance; and Minister of State in the Ministry of Corporate Affairs.
Suresh Angadi
Minister of State in the Ministry of Railways.
Nityanand Rai
Minister of State in the Ministry of Home Affairs.
Ratanlal Kataria
Minister of State in the Ministry of Jal Shakti; and Minister of State in the Ministry of Social Justice and Empowerment.
V. Muraleedharan
Minister of State in the Ministry of External Affairs; and Minister of State in the Ministry of Parliamentary Affairs.
Renuka Singh Saruta
Minister of State in the Ministry of Tribal Affairs.
Som Parkash
Minister of State in the Ministry of Commerce and Industry.
Rameswar Teli
Minister of State in the Ministry of Food Processing Industries.
Pratap Chandra Sarangi
Minister of State in the Ministry of Micro, Small and Medium Enterprises; and Minister of State in the Ministry of Animal Husbandry, Dairying and Fisheries.
Kailash Choudhary
Minister of State in the Ministry of Agriculture and Farmers Welfare.
Debasree Chaudhuri
Minister of State in the Ministry of Women and Child Development.
Constitutional Provisions related to Union Ministers
Article 74 : Council of Ministers to aid and advise President
(1) 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.
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
Article 75: Other provisions as to Ministers
(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) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
(2) The Ministers 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.
Article 77. Conduct of business of the Government of India.
(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
