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Indian Polity > President and Governor (1) > Flashcards

President and Governor (1) Flashcards

1
Q

Describe the term length for a President’s office.

A

The President holds office for a term of five years from the date he enters upon his office.

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2
Q

How can a President resign from office?

A

A President can resign at any time by addressing a resignation letter to the Vice-President.

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3
Q

Define the process of impeachment for a President.

A

Impeachment is the process by which a President can be removed from office for ‘violation of the Constitution’, initiated by either House of Parliament.

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4
Q

What is required for impeachment charges to be initiated?

A

Impeachment charges must be signed by one-fourth of the members of the House that framed the charges, and a 14 days’ notice must be given to the President.

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5
Q

How is a President removed from office through impeachment?

A

A President is removed if the impeachment resolution is passed by a majority of two-thirds in both Houses of Parliament.

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6
Q

What happens if a President is impeached?

A

If both Houses sustain the charges and pass the impeachment resolution, the President is removed from office from the date the resolution is passed.

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7
Q

Describe the participation of nominated members in the impeachment process.

A

Nominated members of either House of Parliament can participate in the impeachment of the President, even though they do not participate in his election.

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8
Q

Who does not participate in the impeachment of the President?

A

Elected members of the legislative assemblies of states and Union Territories do not participate in the impeachment of the President.

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9
Q

What are the ways a vacancy can occur in the President’s office?

A

A vacancy can occur due to expiry of tenure, resignation, removal by impeachment, death, or disqualification.

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10
Q

How is a vacancy filled if it occurs due to the expiration of a President’s term?

A

An election to fill the vacancy must be held before the expiration of the term.

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11
Q

What happens if there is a delay in conducting the election for a new President?

A

The outgoing President continues to hold office beyond the five-year term until his successor assumes charge.

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12
Q

What is the role of the Vice-President when a vacancy occurs in the President’s office?

A

The Vice-President does not get the opportunity to act as President or discharge the functions of the President during this time.

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13
Q

How soon must an election be held if a vacancy occurs due to resignation, removal, or death?

A

An election to fill the vacancy should be held within six months from the date of the occurrence of such a vacancy.

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14
Q

Define the term ‘interregnum’ in the context of the President’s office.

A

Interregnum refers to a period of discontinuity or gap in leadership, which the Constitution aims to prevent by allowing the outgoing President to continue in office until a successor is elected.

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15
Q

What is the eligibility for a President to seek re-election?

A

A President is eligible for re-election and may be elected for any number of terms.

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16
Q

How does the U.S. presidential election differ from the process described for the President’s office?

A

In the U.S., a person cannot be elected to the office of the President more than twice.

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17
Q

What is the significance of the impeachment process being quasi-judicial?

A

It indicates that the impeachment process involves legal procedures and standards similar to a court trial, rather than being purely political.

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18
Q

Describe the term length for a newly-elected President in India.

A

The newly-elected President remains in office for a full term of five years from the date he assumes charge of his office.

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19
Q

Explain the role of the Vice-President when a vacancy occurs in the office of the President.

A

When a vacancy occurs in the office of the President due to resignation, removal, death, or otherwise, the Vice-President acts as the President until a new President is elected.

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20
Q

How does the Vice-President assist when the sitting President is unable to perform his duties?

A

The Vice-President discharges the functions of the President until the President resumes his office.

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21
Q

What happens if the office of the Vice-President is vacant?

A

If the office of Vice-President is vacant, the Chief Justice of India, or if that office is also vacant, the seniormost judge of the Supreme Court available, acts as the President or discharges the functions of the President.

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22
Q

Define the powers enjoyed by a person acting as President.

A

A person acting as President enjoys all the powers and immunities of the President and is entitled to emoluments, allowances, and privileges as determined by Parliament.

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23
Q

List the categories under which the powers and functions of the President can be studied.

A

The powers and functions of the President can be studied under executive, legislative, financial, judicial, diplomatic, military, and emergency powers.

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24
Q

What are the executive powers of the President of India?

A

The executive powers include taking all executive actions in the name of the President, making rules for authentication of orders, appointing the Prime Minister and other ministers, and administering union territories.

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25
Q

How does the President influence the business of the Union government?

A

The President can make rules for the convenient transaction of business of the Union government and for allocation of business among ministers.

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26
Q

What is the President’s role in appointing key officials in India?

A

The President appoints the Prime Minister, other ministers, the attorney general, the comptroller and auditor general, chief election commissioner, governors of states, and members of various commissions.

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27
Q

How can the President seek information from the Prime Minister?

A

The President can seek any information relating to the administration of affairs of the Union and proposals for legislation from the Prime Minister.

28
Q

What authority does the President have regarding the council of ministers?

A

The President can require the Prime Minister to submit any matter for consideration of the council of ministers that has been decided by a minister but not yet considered by the council.

29
Q

Describe the President’s power to investigate conditions of certain communities.

A

The President can appoint a commission to investigate the conditions of Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes.

30
Q

What is the purpose of an inter-state council appointed by the President?

A

The inter-state council is appointed to promote Centre-state and inter-state cooperation.

31
Q

How does the President administer union territories?

A

The President directly administers the union territories through administrators appointed by him.

32
Q

What powers does the President have regarding scheduled areas?

A

The President can declare any area as a scheduled area and has powers concerning the administration of scheduled areas and tribal areas.

33
Q

Describe the legislative powers of the President of India.

A

The President of India has several legislative powers, including summoning or proroguing Parliament, addressing Parliament, sending messages regarding bills, appointing presiding members in case of vacancies, nominating members to the Rajya Sabha and Lok Sabha, deciding on disqualifications of members, and requiring prior recommendation for certain bills.

34
Q

How can the President of India influence the legislative process regarding bills?

A

The President can give assent to bills, withhold assent, or return non-money bills for reconsideration. If a bill is passed again by Parliament, the President must give assent.

35
Q

Define the role of the President in the context of the Lok Sabha and Rajya Sabha.

A

The President can summon or prorogue both Houses, appoint members to preside over proceedings in case of vacancies, and nominate members to the Rajya Sabha and Lok Sabha.

36
Q

What is required for certain types of bills to be introduced in the Indian Parliament?

A

Certain types of bills, such as those involving expenditure from the Consolidated Fund of India or altering state boundaries, require the prior recommendation or permission of the President.

37
Q

How does the President handle bills passed by state legislatures?

A

The President can give assent, withhold assent, or direct the governor to return a non-money bill for reconsideration. The President is not obligated to give assent even if the bill is passed again by the state legislature.

38
Q

What happens when the Parliament is not in session regarding ordinances?

A

The President can promulgate ordinances when Parliament is not in session, which must be approved by Parliament within six weeks of reassembly. The President can also withdraw an ordinance at any time.

39
Q

What reports does the President lay before the Parliament?

A

The President lays reports from the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and other bodies before the Parliament.

40
Q

How does the President legislate for Union Territories?

A

The President can make regulations for the governance of Union Territories like Andaman and Nicobar Islands, Lakshadweep, and others, especially when the assembly is suspended or dissolved.

41
Q

What is the significance of the President’s address to Parliament?

A

The President addresses Parliament at the commencement of the first session after each general election and the first session of each year, outlining the government’s agenda and priorities.

42
Q

Describe the financial powers of the President of India.

A

The financial powers of the President include: introducing money bills in Parliament only with his prior recommendation, laying the annual financial statement (Union Budget) before Parliament, making grants only on his recommendation, making advances from the contingency fund for unforeseen expenditures, and constituting a finance commission every five years to recommend revenue distribution between the Centre and the states.

43
Q

How does the President of India exercise judicial powers?

A

The President exercises judicial powers by appointing the Chief Justice and judges of the Supreme Court and high courts, seeking advice from the Supreme Court on legal questions (though the advice is not binding), and granting pardons, reprieves, and remissions of punishment in specific cases.

44
Q

Define the diplomatic powers of the President of India.

A

The diplomatic powers of the President include negotiating and concluding international treaties and agreements, representing India in international forums, and sending and receiving diplomats such as ambassadors and high commissioners, all subject to Parliament’s approval.

45
Q

What are the military powers of the President of India?

A

The military powers of the President include being the supreme commander of the defence forces, appointing the chiefs of the Army, Navy, and Air Force, and declaring war or concluding peace, subject to Parliament’s approval.

46
Q

How does the President of India respond to emergencies?

A

The President has extraordinary powers to deal with three types of emergencies: National Emergency (Article 352), President’s Rule (Article 356 & 365), and Financial Emergency (Article 360).

47
Q

Explain the veto power of the President of India.

A

The President’s veto power allows him to withhold assent to bills passed by Parliament, give assent, or return non-money bills for reconsideration. If a bill is passed again by Parliament, the President must give assent. This power aims to prevent hasty legislation and unconstitutional laws.

48
Q

What are the alternatives available to the President when a bill is presented for assent?

A

When a bill is presented to the President, he has three alternatives: he may give his assent, withhold his assent, or return the bill for reconsideration (if it is not a Money bill).

49
Q

Describe the absolute veto in the context of the President of India.

A

The absolute veto refers to the power of the President of India to withhold assent to a bill passed by Parliament, resulting in the bill not becoming an act. It is typically exercised for private members’ bills or government bills when a new cabinet advises against assent.

50
Q

How does the qualified veto differ between the President of India and the President of the United States?

A

The President of India does not possess a qualified veto, while the President of the United States has this power, which can be overridden by the legislature with a higher majority.

51
Q

Define the suspensive veto and its implications for the legislative process in India.

A

The suspensive veto allows the President of India to return a bill for reconsideration by Parliament. If the bill is passed again by the same ordinary majority, the President is obligated to give assent, overriding the veto.

52
Q

What is a pocket veto and how is it exercised by the President of India?

A

A pocket veto occurs when the President of India neither ratifies nor rejects a bill, keeping it pending indefinitely. The Constitution does not set a time limit for the President to decide on a bill, allowing this form of veto.

53
Q

Explain the circumstances under which the President of India might exercise an absolute veto.

A

The President of India may exercise an absolute veto in cases involving private members’ bills or government bills when a new cabinet advises against giving assent after the previous cabinet has resigned.

54
Q

How does the President of India handle money bills in relation to the suspensive veto?

A

The President of India cannot exercise a suspensive veto on money bills; he can only give assent or withhold assent but cannot return them for reconsideration.

55
Q

What historical examples illustrate the use of absolute veto by Indian Presidents?

A

In 1954, President Dr. Rajendra Prasad withheld assent to the PEPSU Appropriation Bill after the revocation of President’s Rule. In 1991, President R Venkataraman withheld assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill due to lack of prior recommendation.

56
Q

Describe the legislative power of the President of India regarding money bills.

A

The President of India has limited power over money bills; he can either give assent or withhold it but cannot return them for reconsideration, as he typically does with other types of bills.

57
Q

What is the significance of the absence of a time limit for the President’s decision on bills?

A

The absence of a time limit allows the President of India to exercise a pocket veto, keeping a bill pending indefinitely without taking action, unlike in the USA where a time limit is imposed.

58
Q

Describe the pocket veto exercised by President Zail Singh.

A

In 1986, President Zail Singh exercised the pocket veto regarding the Indian Post Office (Amendment) Bill, which imposed restrictions on the freedom of the press and faced widespread criticism.

59
Q

How does the veto power of the Indian President differ from that of the American President?

A

The pocket of the Indian President is remarked to be bigger than that of the American President, indicating broader veto powers.

60
Q

Define the President’s role in state legislation according to the Constitution.

A

The President has veto power over state legislation, where a bill can only become an act with the assent of the governor or the President if reserved for consideration.

61
Q

What alternatives does a governor have when presented with a bill passed by a state legislature?

A

Under Article 200, a governor can give assent, withhold assent, return the bill for reconsideration, or reserve the bill for the President’s consideration.

62
Q

How many alternatives does the President have when a bill is reserved for his consideration?

A

The President has three alternatives: give assent, withhold assent, or direct the governor to return the bill for reconsideration.

63
Q

Explain the significance of the 24th Constitutional Amendment Act of 1971.

A

The 24th Constitutional Amendment Act made it obligatory for the President to give assent to a constitutional amendment bill, removing the veto power in this context.

64
Q

What happens if a state legislature passes a bill again after the President has withheld assent?

A

If the state legislature passes the bill again with or without amendments and presents it to the President, he is not bound to give his assent.

65
Q

How does the Constitution address the time limit for the President’s decision on reserved bills?

A

The Constitution does not prescribe any time limit for the President to decide on a bill reserved by the governor, allowing for the exercise of pocket veto.

66
Q

Describe the ordinance-making power of the President as per Article 123.

A

Article 123 empowers the President to promulgate ordinances during Parliament’s recess, which have the same force and effect as acts of Parliament but are temporary laws.

67
Q

What is the effect of ordinances promulgated by the President?

A

Ordinances have the same force and effect as an act of Parliament, but they are considered temporary laws.

Indian Polity (4 decks)

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