Polity Revision for UPSC Prelims | 50 Most Important Topics | How to revise for Polity [ Part -3]

Brief Summary

Alright, so this video is basically a crash course on some super important topics for your UPSC prelims, focusing on Polity. We're talking ministers, Parliament, and Judiciary, with a special emphasis on current affairs linkages. Key takeaways include understanding the nuances of constitutional articles related to ministers, the disqualification criteria for MPs and MLAs, and the procedures for removing judges. Plus, there's a heads-up on upcoming science and tech sessions.

• Ministers and related articles
• Disqualification of MPs and MLAs
• Judges Inquiry Act

Introduction

The speaker welcomes everyone to the third session on Polity, emphasizing the importance of linking current affairs with static portions of the syllabus. He mentions that tomorrow's session will be on Science and Technology. He requests everyone to be attentive and participative throughout the session.

Council of Ministers: Articles 74 & 75

The discussion starts with ministers, focusing on Articles 74 and 75 of the Constitution. Article 74 states that there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President. The speaker points out that the phrase "President shall act according to that advice" was added by the 42nd Constitutional Amendment Act of 1976. Article 75 contains other provisions related to ministers.

Appointment and Tenure of Ministers

The Prime Minister is appointed by the President, and other ministers are appointed by the President based on the Prime Minister's advice. The Constitution doesn't specify the criteria for appointing the Prime Minister, as it's an understood aspect of parliamentary democracy. Ministers don't have a fixed tenure; they serve at the pleasure of the President, which is essentially the Prime Minister's discretion.

Key Provisions: Strength and Disqualification

The total strength of the Council of Ministers cannot exceed 15% of the Lok Sabha's total strength. This was added by the 91st Amendment in 2003. If a person is disqualified from being a Member of Parliament (MP), they are automatically disqualified from being a minister. This includes disqualification under the 10th Schedule, also known as the anti-defection law.

Collective Responsibility and No-Confidence Motion

The Council of Ministers is collectively responsible to the Lok Sabha. A no-confidence motion can be introduced against them, and if passed, the entire ministry can be removed. Although the term "no-confidence motion" isn't explicitly mentioned in the Constitution, it's understood from the principle of collective responsibility.

Majority Types: Absolute vs. Simple

To form a government after elections, a party or group of parties needs an absolute majority, which is 50% of the total strength of the Lok Sabha (272 seats out of 543). Simple majority, on the other hand, is 50% of the members present and voting in the Lok Sabha on a given day.

Ministerial Eligibility and the 130th Amendment Bill

A person can be appointed as a minister even if they are not a Member of Parliament at the time of appointment, but they must become one within six months. The 130th Constitutional Amendment Bill proposes that if a minister is arrested under a law where the maximum punishment is five years or more and remains in continuous custody for 30 days, they will be removed from their position. This also applies to Prime Ministers and Chief Ministers.

Ministerial Ranks and Constitutional Validity

Terms like Cabinet Minister, Minister of State, and Deputy Minister are not mentioned in the Constitution. However, the Salaries and Allowances of Ministers Act mentions the position of Minister of State, indicating its recognition in law.

Disqualification of Members of Parliament (MPs)

Disqualifications for MPs are found in Article 102 and Article 191. Grounds for disqualification include holding an office of profit, being of unsound mind, being an undischarged insolvent, and changes in citizenship status. Parliament can also add other conditions.

Representation of People Act (RPA) 1951

The Representation of People Act 1951 lists various disqualifications. Section 8 deals with disqualification upon conviction by a court. If convicted under certain sections and sentenced to two or more years, a person is disqualified. This disqualification lasts for the period of imprisonment plus six years after release.

Corrupt Practices and Other Disqualifications

Section 8A of the RPA deals with corrupt practices. If found guilty of corrupt practices, the Election Commission of India (ECI) recommends disqualification to the President or Governor. Other disqualifications include involvement in government contracts or holding an office under a government company with more than 25% government shareholding.

Election Commission's Power and Lapsing of Bills

Except for disqualification due to conviction, the ECI has the power to reduce or remove the duration of disqualification. A student asked about lapsing of bills. A bill lapses if it was introduced in the Lok Sabha and is pending there, or if it was passed by the Lok Sabha and is pending in the Rajya Sabha. A bill passed by the Rajya Sabha and pending in the Lok Sabha also lapses.

Bills That Do Not Lapse

Bills do not lapse if the President has assented to it, if the President has returned it for reconsideration, or if the President has called for a joint sitting. Also, a bill introduced and pending in the Rajya Sabha does not lapse.

Removal of the Speaker: Historical Context

The speaker discusses the removal process of the speaker, tracing the historical roots of the speaker's position to the Government of India Act of 1919. In 1925, Vithalbhai Patel became the first Indian President of the Central Legislative Assembly.

Constitutional Provisions and Removal Process

Article 94C is the most important article related to the speaker. A speaker can be removed by passing a resolution with an effective majority of the Lok Sabha. A notice must be given to the Secretary General of the Lok Sabha. The speaker cannot preside over the proceedings for their own removal; the Deputy Speaker usually takes that role.

Absence of Deputy Speaker and Effective Majority

Since the position of Deputy Speaker is currently vacant, Article 95 might be invoked, allowing the President to nominate a member to act as speaker. The support of 50 members is needed for the motion to be discussed. Effective majority means the total strength minus vacant seats, and 50% of that number is required to remove the speaker.

Speaker's Voting Rights and Basics Clarification

The speaker can vote in the removal process but cannot cast a deciding vote. The speaker emphasizes the importance of understanding the basics and not just running after sensational news.

Parliamentary Privileges: Article 105

Article 105 of the Constitution grants certain collective and individual privileges to Members of Parliament. Individual privileges include freedom of speech and expression within the house. No court proceedings can be conducted for any vote or statement given within the house.

Freedom of Speech and Other Privileges

Freedom of speech within Parliament is different because members cannot be jailed for their statements made in the house. Other privileges come from laws, rules of procedure, Supreme Court judgments, and parliamentary conventions.

Civil Procedure Code and Secret Sittings

The Civil Procedure Code states that there can be no arrest of a Member of Parliament in civil cases during the session and 40 days before and after. Rules of procedure include collective privileges, such as the power to conduct secret sittings.

Breach of Privilege and Contempt of the House

The house has the power to punish for breach of privilege or contempt of the house. Breach of privilege is specific and written in laws or rules, while contempt is any act that disrespects the dignity or authority of the house.

Privileges Committee and Ethics Committee

A breach of privilege motion can be moved against another member of parliament or an outsider. The matter is referred to the Privileges Committee, which makes a report and recommendation. The final decision is made in the house. The Ethics Committee deals with unethical conduct or conduct unbecoming of a Member of Parliament.

Judges Inquiry Act and Removal Process

The discussion shifts to judges and the Judges Inquiry Act. Article 124 of the Constitution deals with the removal of Supreme Court judges, and Article 214 deals with High Court judges. Judges can be removed on grounds of proven misbehavior and incapacity.

Motion for Removal and Inquiry Committee

If a removal motion is supported by 100 members in the Lok Sabha or 50 members in the Rajya Sabha, the presiding officer decides whether to admit it. If admitted, a committee is formed, consisting of the Chief Justice of India or a Supreme Court judge, a Chief Justice from a High Court, and a distinguished jurist.

Investigation and Voting

The committee functions like a civil court, summoning evidence and witnesses. If the committee finds the judge guilty, the Lok Sabha votes on the removal with a special majority (50% of total strength plus two-thirds present and voting). If passed, the resolution goes to the Rajya Sabha, which must also pass it with the same majority.

Historical Examples and In-House Mechanism

Several judges have faced removal proceedings, but none have been successfully impeached. The Supreme Court has an in-house mechanism for dealing with complaints against judges, where complaints can be made to the Chief Justice of India.

Conclusion and Additional Resources

The speaker mentions additional resources like the Rapid Revision course and recorded videos on YouTube covering topics like types of motions, money bills, and financial bills. He also announces an upcoming video on constitutional bodies. He encourages viewers to stay connected and make requests in the comment section for more videos.