Union and State Executive - Orrisa PCS Exam Notes

Governor

Same person can be appointed the governor of two or more states
Appointed by the President
May resign by writing to the President
Qualification
- Citizen of India
- 35 years of age
Art 161: Pardon for any offence against a law relating to a matter to which the executive power of the state extends
Constitution does not state the procedure or the grounds for the removal of the Governor

Council of Ministers

The advice tendered by the CoM cannot be enquired in a court
Number of ministers in the CoM (including the PM) cannot exceed 15 pc of the total number of members of LS (91^st amendment, 2003)
If a person is disqualified under the 10^th schedule (defection), he cannot become a minister
Art 75(3): Collective responsibility

Attorney General

Article 76
Should be qualified to be appointed as a judge of the SC
Right of audience in all courts in the territory of India
Has the right to take part in the proceedings of either houses, without the right to vote.

Parliament

Consists of the President, Lok Sabha and Rajya Sabha
Six months should not intervene between consecutive sessions
The president shall address a joint sitting of both the houses at the first session of every year and at the first session after the general elections
The Chairman and Speaker can vote only in case of equality of votes
Quorum: One-tenth of the total number of members of the House
MPs resign by addressing their resignation to the Speaker of the Chairman
If a member is continuously absent for 60 days without permission for all the meetings of the House, his seat is declared vacant
Article 102: grounds for disqualification.
- 5 grounds
Decision on questions as to disqualification of members shall be referred to the President and his decision shall be final. The President, in giving his decision, shall act in accordance with the advice of the Election Commission
Joint sitting: If passed by one house and rejected by the other, disagreement between houses on the amendments to the bill, more than six months has passed and the other house has not passed the bill
Joint sitting does not apply to Money Bills

Council of States

Elected members: 238 from state and union territories
- Allocation of seats given in the 4^th schedule
Nominated members: 12
- From field of Literature, science, art and social service
Elected members of the states to be elected by respective Legislative Assembly by proportional representation by means of single transferrable vote
Representatives of UTs to be chosen as Parliament may by law prescribe
1/3 members retire every 2 years
At least 30 years of age
Deputy Chairman can resign by addressing to the Chairman

Most RS seats: UP>Maharashtra>TN=AP>Bihar=WB>Karnataka

States with only one RS seat: Arunachal, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura

States with least RS seats: Above 8<HP=Uttaranchal<J&K<Haryana=CG

UTs: Delhi-3, Puducherry-1, Rest-zero

House of People

530 members from states by direct elections
20 from UTs chosen in a manner prescribed by the Parliament
2 nominated by the President from the Anglo-Indian community if it is not represented
Ratio of LS seats allocated to a state and its population should be same across states
- This may not be followed if the population of the state is less than 6 million
Population kept as frozen till the census taken after 2026
- For LS constituency allotment to states: 1971 census data used
- For defining boundaries of constituencies: 2001 census data used
At least 25 years of age
Speaker can resign by addressing to the Dy Speaker. The latter can resign by addressing to the Speaker
When LS is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the LS after its dissolution
Whenever the Deputy Speaker is appointed as a member of a parliamentary committee, he automatically becomes its chairman

Most LS seats: UP>Maharashtra>AP=WB>Bihar>TN

States with one LS seat: Mizoram, Nagaland, Sikkim

Least LS seats: Above 3<Manipur=Meghalaya=Goa=AP=Tripura<HP<Uttaranchal<J&K

UTs: Delhi(7), Puducherry(2), Rest -1

Reserved for SC: UP – 17, WB – 10

Reserved for ST: MP – 6, Jharkhand, Orissa – 5, CG, Gujarat, Maharashtra – 4

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