Team Night's Watch

Sansthaein - Samvidhan

"Shape the Future, One Law at a Time"

The Executive

Articles

We’re turning tricky legal jargon into easy-to-digest bites! Each Article is broken down with fun facts, real-life examples, and current case studies to make learning about the Indian Executive a breeze. Get ready for a fun, engaging tour through how your government really works!

Article 74: Council of Ministers to Aid and Advise the President

Description:

Article 74 outlines the role of the Council of Ministers in advising the President. The Prime Minister and his team help the President make decisions, ensuring smooth governance. Think of it as the President's trusted advisors who help run the country’s daily affairs.

Real Life Example:

In 2017, President Pranab Mukherjee, guided by his Council of Ministers, imposed President's Rule in Uttarakhand due to political instability. This decision was later challenged and overturned by the Supreme Court, highlighting the balancing act of executive advice.

Case Study:

The Uttarakhand President's Rule case in 2017 involved the imposition of President’s Rule due to alleged instability. The Supreme Court found the imposition unconstitutional, illustrating the critical oversight role played by Article 74 in executive decisions.

Fun Fact:

The President is not obliged to follow the advice of the Council of Ministers, making the role of the advice advisory rather than binding!

Article 75: Appointment of the Prime Minister and Other Ministers

Description:

Article 75 describes how the Prime Minister and other ministers are appointed. The President picks the Prime Minister based on the majority in Parliament, and the Prime Minister then selects the rest of the ministers.

Real Life Example:

In 2024, following the general elections, President Droupadi Murmu appointed Narendra Modi as Prime Minister for his third term due to his party's majority in the Lok Sabha.

Case Study:

In 2024, President Droupadi Murmu appointed Narendra Modi as Prime Minister after the BJP won the general elections, reflecting Article 75’s role in transitioning executive power based on parliamentary majority.

Fun Fact:

The Prime Minister is usually the leader of the party with the most seats in the Lok Sabha, making this a key role in shaping the government!

Article 76: Attorney General for India

Description:

Article 76 provides for the appointment of the Attorney General, who serves as the chief legal advisor to the government. This person represents the government in legal matters and offers legal advice.

Real Life Example:

In 2021, Attorney General K.K. Venugopal defended the Indian government's position on the farm laws before the Supreme Court amid widespread protests.

Case Study:

During the 2021 farm laws controversy, Attorney General K.K. Venugopal represented the government in legal proceedings. The Supreme Court’s intervention in the matter highlighted the Attorney General’s role in navigating complex legal challenges.

Fun Fact:

The Attorney General doesn’t have to be a member of Parliament, allowing for a broader selection of top legal talent!

Article 77: Conduct of Business of the Government

Description:

Article 77 details how the government should conduct its business, including decision-making and communication. It ensures that all government actions are properly recorded and managed.

Real Life Example:

The 2022 COVID-19 vaccination rollout was organized and executed following Article 77’s guidelines, ensuring efficient communication and implementation of the vaccination policy.

Case Study:

The COVID-19 vaccination drive in 2022 was conducted in line with Article 77’s guidelines, demonstrating effective management and communication of government policies during a global health crisis.

Fun Fact:

Article 77 helps keep government actions transparent and organized, ensuring nothing important slips through the cracks!

Article 78: Duties of the Prime Minister

Description:

Article 78 outlines the Prime Minister’s responsibilities, including keeping the President informed and ensuring the smooth functioning of the government. It’s essentially the Prime Minister’s job description!

Real Life Example:

During the COVID-19 pandemic, Prime Minister Narendra Modi regularly updated President Ram Nath Kovind and coordinated with state governments to manage the crisis effectively.

Case Study:

In 2023, Prime Minister Modi’s management of the G20 Summit showcased his role in coordinating both domestic and international affairs, highlighting the duties outlined in Article 78.

Fun Fact:

The Prime Minister’s role is a bit like being the head coach of a sports team, ensuring all parts of the government work smoothly together!

Article 80: Composition of the Rajya Sabha

Description:

Article 80 describes how the Rajya Sabha (Council of States) is composed, including elected and nominated members. It ensures diverse representation from states and various sectors.

Real Life Example:

In 2022, the Rajya Sabha’s discussions on the National Education Policy involved members representing different states and sectors, demonstrating its role in shaping national policy.

Case Study:

In 2021, the Rajya Sabha played a crucial role in passing the Farm Laws Repeal Bill, reflecting its function in reviewing and amending significant legislation under Article 80.

Fun Fact:

The Rajya Sabha includes representatives from various states and experts, making it a diverse and dynamic legislative body!

Article 105: Powers of the Members of Parliament

Description:

Article 105 grants MPs the power to speak freely and participate in debates in Parliament, with immunity for their actions within its precincts. It’s like giving MPs a free pass to discuss and debate freely!

Real Life Example:

In 2023, during the debate on the GST Bill, MPs used Article 105 to voice their opinions and challenge proposed changes, reflecting their freedom of speech in Parliament.

Case Study:

The 2023 GST Bill debates illustrated MPs exercising their freedom of speech and debate under Article 105, showing how parliamentary discussions are safeguarded by this provision.

Fun Fact:

Article 105 ensures MPs can speak their minds without fear of legal repercussions for their words within Parliament!

Article 110: Money Bills

Description:

Article 110 deals with Money Bills, which cover government finances like taxes and spending. These bills must be introduced in the Lok Sabha and can only be passed with the Lok Sabha’s approval.

Real Life Example:

The Finance Bill 2023, introduced as a Money Bill, outlined the government’s budget and financial plans, following Article 110’s procedures for financial legislation.

Case Study:

The 2023 Finance Bill was introduced as a Money Bill in the Lok Sabha, demonstrating the importance of Article 110 in handling government finances and ensuring transparency.

Fun Fact:

Only the Lok Sabha can introduce Money Bills, making it the key player in shaping the nation’s budget!