Central Government Flashcards
Which part of constitution deals with union executive?
Part 5
Articles 52 to 78
Who are included in Union executive?
President
Vice President
Prime Minister
Council of Ministers
Attorney general
The electoral college for the election of president consists of
- Elected members of both houses of parliament
- Elected members of legislative assembly of States
- elected members of the Union territory of Delhi and Puducherry.
Which system is used for the election of the president?
System of proportional representation by single transferable vote
Who decides the disputes in connecting with the election of president
Supreme Court
(Cannot be challenged on the ground that the electoral college was incomplete)
What are the qualifications for election as a president
Citizen of India
35 years of age.
Qualified for election as a member of Lok sabha.
Should not hold any office of profit under the Union government.
What is the oath of president?
To faithfully execute the office
To preserve, protect and defend the constitution and the law.
To devote himself to the service and t the wellbeing of the people of India.
Who administer the oath of president?
Chief Justice of India
What is the basis on which the president can be impeached?
Violation of Constitution
But constitution does not define the term ‘violation of Constitution’
Who can initiate impeachment?
Either house of parliament
(Signed by 1/4 of house and 14 days notice should be given to the president)
Describe the process of impeachment.
- Impeachment resolution should be passed by atleast two- third majority( in the house in which the resolution is initiated)
- Sent to the other house
- Other house investigate the charges
- Other house pass the impeachment resolution by two-third majority (of total membership).
President stand removed from the office from the date on which the resolution is passed)
-
Can nominated members participate in impeachment?
Yes
Do elected members of state legislatives participate in impeachment?
No
What happens when a vacancy occurs in the office of the president due to his resignation, removal death or otherwise?
A fresh election is held within 6 months.
The vice President acts as the president till the new president is elected.
Who acts as president if both president and vice President are absent?
Chief Justice of India or the senior most judge of supreme court.
What are the powers of president?
Executive powers
Legislative powers
Financial powers
Judicial powers
Diplomatic powers
Military powers
Emergency powers
What are the executive powers of president?
- Executive actions are taken in his name
- He can make rules
- Appoints prime minister
- Appoints attorney general
- Appoints C&AG, Chief election Commissioner etc…
- Seek information relating to administration
- Appoint a commission to investigate into conditions of SC ,ST, OBC.
- Appont inter state council.
Administer union territory . - Declare any area as scheduled area.
What are the legislative powers of president?
- Summon parliament
- Address parliament
- Sent message to parliament
- Appoints any member of Lok sabha to preside over the house
- Nominates 12 members to R.S
- Gives permission for certain types of bills.
- Gives assent to bills(Parliament)
- State bills set aside by governer
- Promulgate ordinances
- Regulations for peace of Union territory without elected legislature.
What are the financial powers of president?
- Money Bills
- Union Budget
- Recommendation for grants
- Make advance out of Contingency fund of India
- Constitutes finance commission
What are the judicial powers of president of India?
- Appoints Chief justice, Judges of high Court and Supreme Court.
- Seek advice from Supreme Court
- Pardon, reprieve, respite, remission
What are the diplomatic powers of president?
- International treaties
- International forum
- sends and receives deplomats
What are the Military powers of president?
- Supreme commander
- Appoints chiefs of army
- declare war
- conclude peace
What are the emergency powers of president?
National Emergency (352)
President’s rule (356 & 365)
Financial emergency (360)
Which part of the constitution deals with emergency provisions?
Part XVIII
Articles 352 to 360
What are the grounds under which the President declare national Emergency under article 352?
External aggression
Armed rebellion
Why was Veto power conferred to president
Prevent
1. Hasty legislation
2. Unconstitutional legislation
Which are the 4 types of Veto?
- Absolute Veto
- Qualified Veto
- Suspensive Veto
- Pocket Veto
What is absolute Veto?
Power of the president to withhold his assent to a bill.
What are the cases in which the president exercise absolute Veto?
- Private member’s bill
- Old Cabinet resigns and new cabinet advises against the bills.
What is Suspensive Veto?
The president returns the Bill for reconsideration.
(Overridden by a re- passage with ordinary majority)
Not in case of Money Bills.
What is Pocket Veto?
President neither ratifies not rejects not returns the Bill. Keeps the Bill pending for an indefinite period.
The president cannot exercise Veto power on ______ bills
Constitutional amendment bills
Can state legislature over ride the Veto of president
No
What does Article 123 state?
Empower the president to Promulgate ordinances during recess of parliament.
Explain Cooper case (1970)
President’s satisfaction can be questioned in court
What is the maximum life of an ordinance?
6 months and 6 week
Is ordinance making a discretionary power?
No.
He can Promulgate or withdraw ordinance only on the advice of council of Ministers.
Can an ordinance be issued to amend constitution?
No
What does Article 72 state?
Empower the president to grant pardon.
What is pardon
Completely absolves the convict from all sentences.
What is commutation?
Substitution of one from of punishment for a lighter one
What is remission
Reducing the period of sentence
What is respite?
Awarding a lesser sentence in place of one originally awarded due to a special circumstance like physical disability
Electoral college for the election of vise president?
Members of both houses of parliament
What is the oath of vice president?
To bear true of faith and allegiance to the Constitution
To faithfully discharge the duties of the office.
How to remove a vice - president from office?
Impeachment not required.
Effective majority ( majority of all the members)in Rajya Sabha
Simple majority in lok sabha
What are the functions of Vice President
- ex officio chairman of Rajya sabha
- Acts as president
Which office is known as the office of political continuity
Office of Vice President
Who is the head of government?
Prime Minister
What does Article 75 state?
Prime Minister shall be appointed by President
(He cannot appoint anyone he likes)
Can a person who is not a member of either house of parliament be appointed as the prime minister?
Yes.
But he should become a member of either house within 6 months.
Prime Ministers who were members of Rajya Sabha.
Indira Gandhi (1966)
Deve Gowda (1996)
Manmohan Singh (2004)
What is the oath of Prime minister?
- To bear true faith and allegiance to the Constitution of India
- Uphold the sovereignty and integrity of India
- To faithfully and conscientiously discharge the duties of his office
- To do right to all manner of people
What are the powers of prime minister in relation to Council of Ministers?
- Recommends appointment as minister
- Allocate portfolio
- Ask a minister to resign
- Presides council of Ministers
- Guides the ministers
What is the power of the prime minister in relation to President?
- Channel of communication
- Advises the president
What are the powers of prime Minister in relation to Parliament?
- Advice president (summoning & proroging)
- Recommend dissolution
- Announce govt policies
