Part 5 Flashcards by Wanderlust *

How many chapters are there in part 5 of the constitution

5 chapters
the executive
parliament
legislative power of president only one article article 123
union Judiciary and
controller in auditor general of India

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Who is considered as the supreme command of the defence forces of the union

It is vested in the president and its exercises regulated by law

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In whom the executive power of the union is vested and how it is exercise

The executive power of the union shall be acid in the president and its shall be exercised by him by the directly or through officers subordinate to him in accordance with this constitution

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The executive power of the union extends to
article 73

A. Matters with respect to which parliament has power to make laws
B. Exercise of a right authority and jurisdiction as a exercise by the government of India by virtue of any treaty or agreement

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How the election of the president is done in which article it is provided

It is provided under article 54
President is elected indirectly by the people of india-
By members of an electoral college consisting of-
a the electric numbers of both houses of parliament and
b. the electric members of legislative assembly of the state

That is it does not include the nominated members
and for the b . Does not include the legislative councils of the state

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55 manner of election of president what does subclause one subclass to provide for

There shall be uniformity in the scale of representation of different states at the election of the president.
As well as parity between the states as a whole and union., The number of votes which is elected member of parliament and legislative assembly of which state is entitled such election shall be determined in the manner and after provided …..
Election of the president be held in accordance with the system of PROPORTIONAL REPRESENTATION by means of SINGLE TRANSFERABLE VOTE and the voting at such election shall be BUY SECRET BALLOT

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What is the term of office of the President in which article it is provided what other things are provided in this articles
Counter from the date on which he enters office or the date from which he is elected

It is 5 years from the date on which he enters upon his office.
Provided
he may resigne by writing under his hand address to the vice president
B. He may be removed from his office by impeachment in the main provided in article 61 for the violation of the constitution
C. He shall not with the standing the expiration of the term of his office continue to hold office until his successor enters upon his office

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To whom the president addresses his resignation and in which article it is provided

Article 56 clause 2 is designation is address to vice president and the clause a of provides to clause 1 and that shell 4th with be communicated by him to the speaker of the house of people

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What is the eligibility for election of the president

57 the president shall be eligible for reelection to his office subject to the other provisions of this constitution

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Article 58 qualification of election of the president

Citizen of India
completed 35 years of age
qualified to be elected as member of House of people

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Who will not be eligible for relection as president of India and where it is provided

Article 58 clause 2 he shall not be eligible for elections president if he holds any office of profit under Government of India or government of any state or under any local other thirty subject to the control of any of the said governments

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What are the conditions of presidents office

Article 59 provides for conditions of presidents office
1. Shall not be a member of either House of parliament or either House of legislature of any state and if he is a member of either House she shall be due to have vaccident his seat in that house on the date on which he enters upon his office president
2. Shall not hold any other office of profit
3. We shall be entitled to without payments of rent to use of his official residence and such amendments allowances and privileges as determined by parliament by law until provision in this behalf is made as per the second schedule
4. During his term of office

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Before whom the President of India subscribe oath

Every President and every person acting as a president or discharging the functions of President shell before entering the office make and subscribe both in the presence of chief justice of India or in his absence senior most judge of supreme Court available an oath or affirmation.

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What is the time of holding election to fill vacancy in the house of president and the term of office of the person elected to fill casual vacancy

Article 62

An election to fill the vacancy caused by the expiration of the term of office of the President shall be completed before the expiration of the term
2. An election to feel vacancy in office of president which is occurring by reason of any death resignation are removal or otherwise shall we held as soon as possible after the date of occurring of that vacancy and in no case later than 6 months from the date of occurring of that vacancy

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Article provides at the vice president to act as a president of India or to discharge his functions during casual vacancies in the office or during the absence of the president

Article 65 - 65(1) provides for occurrence of any vacancy in the office of president due to - resignation removal otherwise the vice president act as president until the date on which new President is elected.
2. provides about the discharge where in presidential unable to discharge his functions going to his absence in less or any other cause the vice president Shail discharge is functions until the date on which the president resumes is duty
3. President in respect of the period while he is acting on discharging the functions of President have all powers immunities amendments and allowances as the President is entitled to

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What is the eligibility to be elected as vice president where it is provided

It is provided under article 66 clause 3
Citizen of India
completed 35 years of age
qualified for election as member of council of states that is rajya sabha
Provides for eligibility will not be eligible to hold the office if he holds any office of profit under Government of India Government of any state local other authority subject to the control of the said governments

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What is the term of office of the vice president and where is it provided

It is 5 years from the date on which he enters upon his office and it is provided under article 67
67 for the provides the provides that
he shall design by letter in writing under his hand address to the president
Maybe removed from his office by resolution of council of state passed by majority of all the than members that is effective majority of the council and agree to by the house of people but no resolution for the purpose of this Claus be moved and less at least 14 days notice has been given of the intention to move the resolution.
Vice president shall not be standing inspiration of a strong continue to hold office until is successor enters upon his office

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What can be the total strength of the ministers including prime minister in the council of ministers and where it is provided

Provided under article 75 clause 1A-the council of ministers shell not exceed 15% of the total number of members of House of people

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Who elects the prime minister and council of ministers where it is provided

Provided under article 75 clause one a prime minister is appointed by the president and council of ministers appointed by the president in advice of prime minister

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Who during whose pleasure the minister hold office where is it provided

During the pleasure of the president provided in 75 clause 2

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What is administered to a minister before he enters upon his office

The oath of office and of secrecy according to the form in third schedule o

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Under 75 clause 5 how long does the minister have to become a member of either House of parliament at the expiration of which she is to be a minister which he seases to be a minister

6 consecutive months

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Under which article that only general for India is provided

Article 76

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Who appoints attorney general of India and what is this qualification

President Shala point a person attorney general of India hip and who is qualified to be appointed as a judge of supreme Court

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What is the duty of the attorney general of India

1. To give advice to the Government of India upon legal matters and 2. to perform such other duties of the legal character as me from time to time be referred or a sign to him by the president. 3. Who discharge the functions compound on him bye or under this constitution or any other law for time being in force

What is one special thing about the attorney general provided under article 76 ( 3)

In performance of his duties the attorney general shell have right to audience in all courts in the territory of India

During whose pleasure the attorney general holds office

During the pleasure of the president And his remuneration is also determined by president

Whose name the executive action of the Government of India shall be expressed to be taken and where is it provided

77 clause 1 and they are taken in the name of the President

Respect to orders & other instruments which is made in executed in the name of the President

As per article 77 clause 2 the orders and other instruments which is made in the name of the President shall be authenticated in such manner as a specified in the whose made by president and the validity of such orders or instruments which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the president

By which constitutional amendment the number of ministers in the council of ministers was inserted, inserted under which article as which clause

91 constitutional amendment, under article 75 clause 1A the number is 15% of total number of the members of House of people

By which amendment the proviso under article 74 clause one was added what was the proviso

44th amendment Act provided that the president may require the council of ministers to reconcedure such advice either generally otherwise and the presidential act in accordance with the advice tendered after such reconsideration

In which case justice Mukherjee chief justice said that do the executive power is vested in the president he is only a formal or constitutional head of executive the real power is best in the council of ministers on whose aid and advise the president acts in the exercise of his functions

Ram jawaya Kanpur versus State of Punjab

By how many electors must a candidate for the office of president of India must be proposed

At least 50 electors

Is the election of president valid even though there is a vacancy among the members of electoral college electing him where it is provided

Yes it is valid and it is provided under article 71 clause 4

Who can regulate any matter relating to or connected with the election of president or vice president and where it is provided

Parliament can regulate provided under article 71 (3)

In naban rebia and baman Felix versus deputy speaker

Held that discretionary power of governor under article 163 of constitution were held subject to Judicial review

101

Vacation of seats.

Disqualifications for membership.

102

103

Decision on questions as to disqualifications of members

104

Penalty for sitting and voting before making oath or affirmationunder article 99 or when not qualified or disqualified

Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.

105

106

Salaries and allowances of members

Provision as to introduction and passing of Bills

107

108

Joint sitting of both Houses in certain cases

109

Special procedure in respect of Money Bills.

Definition of “Money Bills”.

110

111

Assent to Bills.

112

Annual financial statement.

Procedure in Parliament with respect to estimates.

113

114

Appropriation Bills.

Supplementary, additional or excess grants.

115

Votes on account, votes of credit and exceptional grants

116

117

Special provisions as to financial Bills.

Rules of procedure

118

119

Regulation by law of procedure in Parliament in relation to financial business.

Language to be used in Parliament

120

121

Restriction on discussion in Parliament

Courts not to inquire into proceedings of Parliament

122

CHAPTER III of part 5

LEGISLATIVE POWERS OF THE PRESIDENT

123

Power of President to promulgate Ordinances during recess of Parliament.

Chapter 4 of part 5 of constitution

CHAPTER IV: THE UNION JUDICIARY

124

Establishment and constitution of Supreme Court.

National Judicial Appointments Commission. (Declared unconstitutional by the Supreme Court, however not repealed by the Parliament)

124A

124B

Functions of Commission.

124C

Power of Parliament to make law

Salaries, etc., of Judges.

125

126

Appointment of acting Chief Justice.

127

Appointment of ad hoc judges.

Attendance of retired Judges at sittings of the Supreme Court

128

129

129 Supreme Court to be a court of record.

130

130 Seat of Supreme Court

Original jurisdiction of the Supreme Court

131

132

Appellate jurisdiction of Supreme Court in appeals from High court in certain cases

Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters

133

134

Appellate jurisdiction of Supreme Court in regard to criminal matters.

Certificate for appeal to the Supreme Court.

134A

Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

135

136

Special leave to appeal by the Supreme Court

137

Review of judgments or orders by the Supreme Court

Enlargement of the jurisdiction of the Supreme Court.

137

Conferment on the Supreme Court of powers to issue certain writs.

139 Parliament may by do so that is heaviest Corpus mandamus prohibition cure warrento sociology or any of them for any purpose other than article 32 class 2

139A

Transfer of certain cases.

140

140 Ancillary powers of Supreme Court. Parliament me by law confirm Supreme Court any supplementary power not inconsistent with provision of constitution as main appear necessary to effectively exercise its jurisdiction conferred by this constitution

Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

138

139

Conferment on Supreme Court of power to issue certain writs

Ancillary powers of Supreme Court

140

Law declared by Supreme Court to be binding on all quotes

141

142

Enforcement of decrease and orders of Supreme Court and orders as to Discovery- empower Supreme Court to pass any degree or order which is necessary for doing complete justice in a case or matter before it and such degree so passed the enforceable throughout the territory of India in such manner as prescribed by parliament

143

Power of president to consult Supreme Court upon any question of law fact which is of such nature and such public importance that it is expedient to obtain opinion of Supreme Court opponent

144

Civil and judicial authorities to act in aid of Supreme Court

145

Rules of court - law is made by Parliament here which is with the approval of the president

146

Officers and servant and expenses of Supreme Court-is made by the Chief Justice of India or such other officer of the court as chief justice direct

Interpretation- interpretation of constitution shall be considered as including references to any substantial equation of law as to the interpretation of Government of India Act 1935

147

Chapter 5 of part 5 of constitution of India

Comptroller & auditor General of India

148

Duties and powers of Comptroller & auditor General of India

149

Form of accounts of the union & States

150

Audit reports

151