Part 5&6 Flashcards

President, Vice-President, Governor, PM, CM,

1
Q

Chapter 1, Part 5

A

Union Executive (Art 52-78)

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2
Q

Chapter 2, Part 5

A

Legislature (Parliament) (Art 79-122)

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3
Q

Chapter 3, Part 5

A

Legislative Powers of President (Art 123)

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4
Q

Chapter 4, Part 5

A

Union Judiciary (Art 124-147)

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5
Q

Chapter 5, Part 5

A

Comptroller and Auditor General of India (Art 148-151)

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6
Q

Part 5

A

The Union (Art 52-151)

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7
Q

Part 6

A

The State (Art 152-237)

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8
Q

Chapter 1, Part 6

A

General/Definition (Art 152)

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9
Q

Chapter 2, Part 6

A

State Executive (Art 153- 167)

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10
Q

Chapter 3, Part 6

A

State Legislature (Art 168-212)

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10
Q

Chapter 4, Part 6

A

Legislative Powers of Governor (Art 213)

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10
Q

Chapter 5, Part 6

A

HCs in States (Art 214-231)

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11
Q

Chapter 6, Part 6

A

Subordinate Courts (Art 232-237)

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12
Q

Article 52

A

There shall be a President of India, who shall be the Head of Union Executive

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13
Q

Article 53

A

Executive Power of the Union shall vest in president. Supreme Commander of all defense forces.

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14
Q

Article 54

A

President is elected by Electoral College
(By Elected MLAs (All states by Delhi and Puducherry) and MPs

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15
Q

Article 55

A

Manner of election of President (Indirect, Proportional Representation + Single Transferrable Vote)

16
Q

Article 56

A

Term of office of President (5 Years), Resigns to VP

17
Q

Article 57

A

Eligibility for re-election (any number of times)

18
Q

Article 58

A

Qualification for election as President
1 (a). Citizen of India
1 (b). Minimum 35 years of age.
1 (c). Qualified for the election of MP in LS

  1. Should not hold Office of Profit (President, VP, PM, Minister, etc. are not Office of Profit)
19
Q

Article 59

A

Conditions for the President’s office
1. President Shall not be a member of either house of parliament and state legislature

  1. Emolument and allowances shall not be diminished during his term.
20
Q

Article 60

A

Oath of President (by Chief Justice of India)
Or by a Senior Most Judge if CJI is absent.)

21
Q

Article 61

A

Procedure for Impeachment of President (All MPs participate, including nominated. MLAs cannot participate)
1. Resolution should be introduces either in LS or RS, with 14 days prior notice.
2. Signed by not less than 1/4 of the total members of that house.
Quasi-Judicial Process
3. 1st House (2/3 of the total membership- Special Majority)
4. 2nd House (2/3 of the total membership- Special Majority)

22
Q

Article 62

A

Election to Fill Vacancy

  1. President’s office must not remain vacant. So election held before tenure end.
  2. In case of death, removal or resignation of President, VP/CJI/Judge of SC acts as Acting President. Max for 6 months.
23
Article 63
There shall be a Vice President of India
24
Article 64
The Vice-President to be ex officio Chairman of the Council of States (RS)
25
Article 65
The Vice-President to act as President during casual vacancies or during the absence, of President.
26
Article 66
Election of Vice-President 1. The Vice-President shall be elected by the members of an electoral college (All MPs, including nominated. No MLAs), Proportional Representation with STV 2. VP shall not be a member of either houses of parliament or state legislature. 3. Eligibility (Citizen, 35 years old, Qualified to be elected as a member of RS) 4. Should not hold any office of president
27
Article 67
Term of office of Vice-President 1. Resignation to President. 2. Removal (can be initiated only in RS), Effective Majority (Majority of all the present members), 14 day prior notice. 3. continue to hold office until his successor enters upon his office.
28
Article 68
Time of Holding election to fill vacancy 60 days
29
Article 69
Oath of the Vice-President (By President)
30
Article 70
Discharge of President’s functions in other contingencies
31
Article 71
Matters relating to, or connected with, the election of a President or Vice-President 1. All doubts and disputes arising in connection with the election of a President or Vice-President shall be dealt by SC 2. If the election of president or VP is declared void by SC, acts done by the person in performance of duties on and before the date of decision to be considered valid. 3. Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President. 4. The election of President or VP shall not be challenged on the ground that electoral college electing him was incomplete.
32
Article 72
Pardoning Powers of President. 1. Pardon- To remove punishment and Judgement. 2. Commute - Replaces one form of punishment with another less rigid 3. Remission- Decreases the time duration, but the nature of punishment remains same. 4. Respite- Same as Remission, but for some specific cases. Example, Pregnancy 5. Reprieve- Stay the enactment of death penalty for a temporary duration.
33
Article 73
Extent of executive power of the Union
34
Article 74
1. Council of Ministers to aid and advise President 2. The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
35
Article 75
Other provisions as to Ministers 1. The PM appointed by President and the Council of Ministers appointed by the President on the advice of the PM. 1A. 91st CA, 2003. The total number of Ministers (PM+ CoMs) shall not exceed 15% of the total number of members of LS 1B. 91st CA, If any member disqualifies on the grounds of defection, They cannot become Minister.) 2. The Ministers (Individually responsible to President) shall hold office during the pleasure of the President. 3. COMs are collectively responsible to the House of People. 4. Oath of Ministers administered by the president. 5. A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister. 6. Salaries and Allowances, decided by parliament.
36
Article 76
Attorney-General for India
37
Article 77
Conduct of business of the Government of India. 1) All executive action of the Government of India shall be expressed to be taken in the name of the President.
38
Article 78
Duties of Prime Minister (Communicate all decisions of COMs to the president, relating to the administration of the affairs of the Union and proposals for legislation.