Which one of the following is not explicitly stated in the Constitutio...
Convention followed in the Constitution of India
Introduction:
The Constitution of India is the supreme law of the land. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. However, there are certain conventions that are not explicitly mentioned in the Constitution but are followed by the government as a matter of practice.
The convention not explicitly stated in the Constitution:
B) The Prime Minister has to resign if he loses a majority in the Lower House
Explanation:
In the Constitution of India, there is no provision that mandates the Prime Minister to resign if he loses a majority in the Lower House. However, this is a convention that has been followed by the government of India since the inception of parliamentary democracy. If the Prime Minister loses the confidence of the House of Representatives, he is expected to tender his resignation to the President of India. The President then invites the leader of the opposition or the leader of the party or coalition that has the numbers to form the government.
Other conventions followed in the Constitution of India:
A) The Finance Minister is to be a Member of the Lower House
The Constitution of India does not explicitly state the requirement that the Finance Minister has to be a member of the Lower House. However, it is a convention that has been followed by the government of India since independence. The Finance Minister is usually a member of the Lok Sabha (Lower House) as he is responsible for presenting the annual budget in the House.
C) All the parts of India are to be represented in the Councils of Ministers
The Constitution of India does not explicitly require that all parts of India be represented in the Council of Ministers. However, it is a convention that has been followed by the government of India since independence. The Council of Ministers is usually composed of members from different regions of India to ensure a fair representation of all parts of the country.
D) In the event of both the President and the Vice-President demitting office simultaneously before the end of the tenure, the Speaker of the Lower House of the Parliament will officiate as the President
The Constitution of India does not explicitly state the provision for the Speaker of the Lower House to officiate as the President in the event of both the President and Vice-President demitting office before the end of their tenure. However, this is a convention that has been followed by the government of India since independence. In such a situation, the Speaker of the Lok Sabha acts as the President until a new President is elected.
Conclusion:
Conventions are an integral part of the functioning of a democratic government. They provide a framework for the smooth functioning of government institutions and ensure that the government functions in a fair and transparent manner. The conventions followed in the Constitution of India have been instrumental in ensuring the success of parliamentary democracy in India.
Which one of the following is not explicitly stated in the Constitutio...
PM resigns, if he loses the majority in the house is a convention and not mentioned in the constitution. Conventions are unwritten practices which are binding on the three organs of the State. Unlike the President, the Prime Minister does not have a fixed tenure. The full term of the Prime Minister is five years, which coincides with the normal life of the Lok Sabha. However, the term can end sooner if he loses the vote of confidence in the Lower House. So, it can be said that he remains in power as long as he enjoys the confidence of the Lok Sabha. The Prime Minister can also resign by writing to the President. There are no term limits on the office of the Prime Minister. There is also no official retirement age.
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