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Polity > President > Flashcards

President Flashcards

1
Q

Union executive - part+article+ includes?

A

Part V and article 52-78(52-63= president and VP, 74-74= COM, 76-AGI,77-78= Conduct of government business)
Includes - President+VP+PM+COM+AGI

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2
Q

Who is president?

A

Article 52 - there shall be a president
Article 53 - All the executive powers are vested in the president
President is head of state,Ist citizen of India and Acts as symbol of unity, integrity and solidarity of the nation.

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3
Q

Articles related to the election of the president

A

Art 54 - electoral college
Art 55 - manner of the election

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4
Q

Type of election?

A

Indirectly elected by the members of an electoral college

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5
Q

Why indirect election?(6)

A

•he is a nominal/ceremonial executive (de jure) and real power are vested in COM headed by PM(de facto)
•would be anomalous to elect him directly and not give him any real powers
•would be very costly and time consuming
•there will be conflicts between PM and President if president will be directly elected
•such imp head should be apolitical and non political
•won’t be above party politics if elected directly

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6
Q

Why such titular head is needed?(4)

A

•his office is considered above party politics
•symbol of unity, integrity and solidarity of the nation
•represents union and state equally at federal level
•ensures continuity in administration through ordinances when houses are not in session

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7
Q

Who is/is not part of the electoral college?

A

Includes - elected members of LS,RS, SLA OF STATES and SLA OF DELHI AND PUDUCHERRY
excludes - nominated members of LS,RS,SLA OF STATES AND DELHI AND PUDUCHERRY and Elected and nominated members of SLC of States

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8
Q

Why MLAs take part in the election of the president?

A

•because president is not merely a head of the executive but also the head of the state ajd represents state too
•prevents the president from being “creation of the ruling party at the centre”

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9
Q

How the value of votes of MLAs are calculated? And which population is used?

A

-To ensure uniformity in scale of representation of different states as well
-parity between the states and centre

Value of vote of an MLA:
Total population of that state/total number of Elected MLA of that state ×1/1000

Value of vote of MLA is different for each state

42nd CAA,1976 - Fixed it at 1971 level till 2000
82nd CAA,2001 - Extended to first census after 2026

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10
Q

How the value of vote of an MP is calculated?

A

Sum total of votes of all MLA of all the states/total number of Elected MPs

Value of vote of MP is same for each state

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11
Q

Which method is used to conduct election? And why??

A

STV+PR+Secret ballot
STV+ PR➡️ Ensures absolute majority

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12
Q

What is the electoral quota?

A

(Valid votes/2) + 1= 50%+1

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13
Q

Doubts and disputes regarding the election of president?

A

Article 71 - All doubts and disputes regarding the election to the office of president and vice president are to be enquired into and decided by SC ➡️ whose decision is final

39th CAA,1975= changed the authority by parliamentary law
44th CAA, 1978 = restored status quo ante

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14
Q

What is election petition? - who can file it/ when can it be filed and when cannot

A

A petition calling in question the election of president must be presented in 30 days from declaration of results

Can be filed by: any candidate or 20 or more electors joined together

Can be filed on only 2 grounds:
1. Nomination of a candidate is wrongly rejected
2. Elected candidate is wrongly accepted

Cannot be filed on the grounds:
On the grounds of vacancy in electoral college

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15
Q

What if the election of president is declared void?

A

Article 71 - all the acts done by him won’t be invalidated and will remain in force
⬇️
Parliament may by law regulates any matter related to the election of president and vice President
1. President and VP election Act,1952
2. President and VP election rules,1974

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16
Q

What is the criticism of election system?

A

1..highly complex system
2. Value of votes of MLAs is different for different states

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17
Q

What is the qualification of becoming a president?

A

Art 58 - citizen of India
Completed 35 years of age
Eligible for election to LS
Should not hold any OOP under union, state government, local and other authorities (exceptions - president,VP, Governor and minister of union or state shall not be considered as OOP for this purpose)

18
Q

How can the nomination be done?

A

Not mentioned in the constitution
Dealt under RPA,1951:
Nomination must be subscribed by 50 electors as proposers and 50 as secondors
each candidate has to submit 15,000 rupees toRBI

19
Q

Oath administered by?

A

CJI ➡️if absent ➡️ senior most judge of SC

20
Q

Conditions of the office of president

A
  1. Shall not be a member of either house of the parliament or state legislature
  2. Shall not hold any OOP
21
Q

Emoluments/privileges

A
  1. Entitled to use his official residence without payment of rent
  2. Shall be entitled to such emoluments, allowances and privileges as maybe determined by the parliament ➡️ the president emoluments and pension Act,1951
  3. The emoluments and allowances shall not be varied to his disadvantage after appointment
22
Q

Immunity - with respect to official and unofficial acts

A

Official - civil as well as criminal
Unofficial - criminal and civil( except civil proceedings can be initiated after 2 months notice)

23
Q

What is the tenure of the office of president?

A

4 cases are mentioned in the constitution under article 56:
1. 5 years
2. Can hold office beyond 5 years till the successor assumes charges
3. Can resign ( letter to VP)
4. Can be removed from office through impeachment

24
Q

Re-election?

A

Can be re-elected any number of times
In USA - only 2 times

25
Q

Impeachment - Article, grounds and process

A

Article - 61
Grounds - Violation of the constitution ( not defined by the constitution)
Process:
•charges should be signed by 1/4th of the total membership of the house then it is taken up for consideration
⬇️
•majority required - 2/3rd of the total strength of the house( most difficult)
⬇️
•2nd house acts as an investigation house( quasi judicial) and president have the right to appear and be represented
⬇️
•after investigation if the resolution is passed by 2/3rd majority of the total membership of the house then president stands impeached

26
Q

What are the issues with the process of impeachment?

A

•the term “violation of the constitution” is not defined and is very vague
•MLAs don’t take part even though they take part in the election
•Nominated members take part even though they do not take part in the election
•the procedure and authority to investigate the charges have not been defined
•nor any time period has been specified

27
Q

Vacancy - conditions of vacancy ➡️who acts as president

A
  1. On expiry of tenure of his term of 5 years ➡️ election must be conducted before the expiry of term➡️ if somehow elections are delayed then outgoing president assumes charges until his successor comes
  2. By death/resignation/removal/otherwise ( election void) ➡️ VP assume charges until new president comes➡️ election must be held within 6 months
  3. Illness/absence ➡️ VP assumes office until incumbent president resumes his duties

VP ➡️ If absent, CJI➡️ If absent, Senior most SC judge

28
Q

Comparison of India Vs USA in case of vacancy

A

In USA ➡️ VP remains in office for the remainder of the term
In INDIA➡️ VP can act as president for max 6 months

In case of absence of VP in India➡️ CJI/ senior most judge assumes charges
In case of absence of VP in USA ➡️the president of senate protem officiates as president ➡️ no scope of member of judiciary to become president in USA

29
Q

Veto power of the president - article, why veto power

A

Art 111 - president has 3 alternatives when he is presented with a bill:
1. May give assent
2. May withhold his assent
3. Send back the bill for reconsideration ( if not money bill)➡️ must give his assent if the parliament passes the bill with/without amendments

Why veto power is needed:
1. To prevent ill/hasty considered legislation
2. To prevent unconstitutional legislation

30
Q

Types of veto and their applications

A
  1. Absolute veto: president withhold his assent ( on advice of COM) in usually 2 cases:
    •with respect to a private member bill
    •with respect to a govt bill ➡️ when cabinet resign after the passage of the bill but before the assent amd the new COM advises president to withhold the assent
  2. Suspensive veto : return the bill for reconsideration( president uses his own discretion)➡️ if passed with or without changes by parliament➡️ president must give his assent
    •can not be applied to money or constitutional amendment bills
  3. Pocket veto: neither ratifies nor rejects or send back for reconsideration but simply keep the bill pending for infinitely long period ( constitution does not prescribe a time limit ( in USA it is 10 days))
    •can not be applied to CAB
31
Q

Different types of bills and the veto that can be applied to them

A

Ordinary - can be ratified/rejected/ returned
Money bill - can be ratified/rejected
CAB - can only be ratified (24th CAA,1971- made it obligatory for the president to give assent to CAB)

32
Q

Veto power of president over the bills of state legislature?

A

Art 200 - When the governor is presented with a bill, he has 4 alternatives. 4th alternative ➡️ he may reserve the bill for the consideration of the president
Under Article 201 - when governor reserves the bill for consideration of president, president has 3 options:
1. Give assent
2. Withhold assent
3. Send back for reconsideration if not money bill ➡️ state has to reconsider the bill within 6 months ➡️ president is not bound to give assent if SL passes the bill again ➡️ can use absolute veto

33
Q

Ordinance making power - Articles, features, why is it needed

A

Article 123➡️ empowers the president to promulgate ordinance during the parliamentary recess
Features:
•has the same force as an act of parliament but temporary in nature
•coextensive to the power of the parliament ( this coextensivity is limited to ordinary legislation, constitution cannot be amended) but not a parallel power of legislation

Why is it needed?
Helps president/ government to deal with the unforseen exigencies/circumstances

34
Q

What are the conditions of promulgating an ordinance?

A

There are 4 conditions for promulgating an ordinance:
,•ordinance can be promulgated only when both the houses are not in session or either house is not in session
•ordinance can be promulgated only when president is satisfied that circumstances make it necessary for him to take an action
•ordinance can be promulgated only on the subjects on which parliament can make law and are subjected to same constitutional limitations as a parliamentary law( can’t take away FR)
•Every ordinance must be laid before both the houses after reassembly as per rules of LS so as to explain the circumstances that have necessitated the ordinance

35
Q

What is the life of an ordinance?

A

Maximum life➡️ 6 months 6weeks
If approved by both the houses ➡️ becomes an act
If parliament passes the resolution of disapproval ➡️ expires before 6 weeks
President can also withdraw it ➡️ on advice of COM

36
Q

What an ordinance can/cannot do?

A

Can:
Can be retrospective (come into force from back date)
Can repeal/modify an act of parliament/ordinance
Can amend a tax law

Cannot:
Amend the constitution

37
Q

SC cases related to the ordinance:

A

Regarding the judicial review:
•Cooper case(1970) - SC held that president satisfaction can be questioned in a court on grounds of malafide
•38th CAA, 1975 - Made president satisfaction beyond JR and final and conclusive
•44th CAA, 1978 - deleted the above provision and now president satisfaction is justiciable on grounds of malafide

Regarding re-promulgation of an ordinance:
In DC Wadhwa case, 1987:
Sc ruled that successive re-promulgation of ordinance with the same text without any attempt to get it passed as bill is violation of the constitution and is liable to struck down

38
Q

Pardoning power of the president: Article,what, features

A

Article - 72 (PCRRR)
WHAT- president can grant pardons to person who have been tried and convicted of any offence in any case of
1. Offence against union law
2. By court martial
3. Sentence of death

Features:
•executive power and independent of judiciary
•exercised on the advice of COM
•not bound to give reason
•not subject to JR except when decision is arbitrary, irritational,malafide and discriminatory

39
Q

Types of pardons?

A

Mnemonics - PCRRR

  1. pardon - removes both the sentence and conviction and completely absolves the convict
  2. commutation - substitute one form of punishment for a lighter form
    death sentence ➡️rigrous punishment ➡️ simple punishment
  3. Remission: reduces the period of sentence without changing its character
    rigorous punishment of 2 years➡️ rigorous punishment of 1 year
  4. Respite - awarding a lesser sentence due to special fact like physical disability or pregnancy
  5. Reprieve - Stay of execution of sentence especially death for temporary period
40
Q

Pardoning Power of president Vs governor

A
  1. president can pardon sentences of court martial while Governor cannot
  2. President can pardon death sentence while Governor can only CRRR a death sentence
41
Q

What is the constitutional position of president?

A

•nominal executive due to parliamentary form of government
•Article 53 - Executive power is vested in him and shall be exercised by him or someone subordinate to him
•Article 74 - there shall be a COM headed by PM to aid and advise the president who shall act in accordance with that advice
•Article 75- the COM shall be collectively responsible to LS
•42nd CAA - made president bound by the advice of COM
•44th CAA - Removed above provision and allowed president to require COM to reconsider such advice. however the reconsidered advice shall be binding

42
Q

Discretionary powers of the president

A

No CONSTITUTIONAL DISCRETION only SITUATIONAL DISCRETION:
1. Appoint PM when no party has clear majority in LS or when PM in the office dies and there is no obvious successor
2. Dismissal of COM when it cannot prove the confidence of LS
3. Dissolution if LS if the COM loses the majority
4. Pocket and suspensive veto

Polity (17 decks)

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