Union And President Flashcards
Union executive
Part 5 (Art 52-78)
Deals with Union Executive: President, Vice President, PM, Council of Ministers, Attorney General of India
Article 52: There shall be a President of India
Article 58: Qualifications: Citizen of India by birth and naturalization, 35 years age, qualified for the election of Lok Sabha, shall not hold office of profit
Conditions for Presidential Election:
50 proposers and 50 seconders
₹15,000 as security deposit if you didn’t get ⅙ vote then deposit will be non-refundable
President
Conditions:
Not a member of Parliament or state legislature
If such a person is elected, then he has to vacate his seat on date he enters office
Shouldn’t hold any office of profit
No rent to pay for Rashtrapati bhavan
Entitled to such emoluments, allowances as determined by parliament
His emoluments and allowances can’t be diminished during his office term
Immune from criminal proceedings: 2 months notice for civil proceedings
Article 54:
Who can vote: member of lok sabha, rajya sabha of legislative assembly of states, Delhi, Puducherry
Nominated members can’t vote
Article 55 (2): voting MP, MLA. Single transferable vote
Oath or affirmation:
By Chief justice of India. If not, then the senior most judge of supreme Court
To faithfully execute the office
To preserve, protect and defend the constitution and its laws
To devote himself to the service and well being of the people of India
(Art 56): Holds office for 5 years + can resign at any time to the vice president
(Art 57): can be elected any number of times
Can be removed by impeachment
Reason: violation of constitution
Process:
Can be initiated by either House of the Parliament but not at the state legislative
Charges should be signed by ¼ members of the house
14 days notice given to the president
Passed by ⅔ of the total membership of house
Bill sent to the other house, which will investigate the charge
Passed by ⅔ of the total strength of both houses
President has the right to appear to be represented at such an investigation
Who can port for impeachment?
Member of Lok Sabha, rajya sabha, nominated members of boat houses. Not by MLAs.
Vacancy in the president’s office
In case of delay, outgoing president continues to hold office until his successor assumes charge. In such a case the vice president does not have to assume the chance to become a president.
Resignation, removal or death:
Election should be held within 6 months
Newly elected president remains in the office for 5 years
Vice president can act as president until the new President is elected
If vice president is absent then the CJI or senior most judge of the supreme court can act as president
Anyone acting as president needs to take the oath of president and enjoy all power and immunity
Executive powers
All actions on his name
He can make rules for the betterment of union government and business among ministers. These rules are authenticated.
Appoints PM, other ministers, attorney general, CAG, chief election commissioner, other election commissioners, chairman and members of UPSC, governors of States, chairman of finance commission
Seek any information relating to the administration of affairs of Union and proposals for legislation from PM
He can require the prime minister to submit, for any consideration of The council of minister, in any matter on which a decision has been taken by a minister but which has not been considered by the Council
Can appoint Commission to investigate into the conditions of SCs, STs and OBCs
Appoints the interstate Council to promote Centre state cooperation and interstate corporation
Directly administers the union territories via administrators appointed by him
Can declare any area as a schedule area
Legislative powers of president
The president is an integral part of the Parliament
He can summon and prorogue the Parliament and dissolve the Lok Sabha
Summons the joint sitting of both houses presided over by the speaker of Lok Sabha
Address Parliament at the commencement of first session after each general election and the first session of each year
Send messages to house of parliament in respect to pending bills
Nominates 12 members of rajya Sabha
President can call anybody to preside when the speaker or deputy speaker are absent from the Lok Sabha or when the chairman or deputy chairman in rajya Sabha are absent
Disqualification of members through consultation with election commission
Prior recommendation or permission required for expenditure bill from consolidated fund of India or bill for alteration of boundaries of states or creation of new States
When bill is sent to president, he can give his assent to bill or withhold his assent to Bell. He can also return the bill for reconsideration of the Parliament if it is not a money bill. However if the bill is passed again by the Parliament with or without amendments the president has to give a sent to the bill
When Bill is passed by state legislative reserved by governor for consideration of president, he can give his assent to bill or withhold his assent to bill or direct the governor to return the bill for reconsideration if it’s not a money bill. It is not obligatory for President to give his assent to a bill even if the bill is passed by state legislature again and sent again to him for his consideration.
He can promulgate ordinances when Parliament is not in session. These ordinances must be approved by the Parliament within 6 weeks from its reassembly. He can also withdraw and ordinance at anytime
He lays reports of the CAG, UPSC, finance commission, etc before parliament
Makes regulations for peace, progress, and good governance of the UTs.
Financial powers
Money bill can be introduced in the Parliament with his permission
Lays annual financial statement before the parliament
No demand for grant to be made except his recommendations
To meet any unforeseen expenditure, he can make advances out of the contingency fund of India
Constitute finance commission every 5 years to recommend the distribution of revenues between centres and States
Other powers
Judicial powers:
Appoints CJI, judges of supreme court and high court
Seek advice from supreme Court on any question of law or fact (Art 143), however it is not binding on the president
Grant, pardon, reprieve, respite, remission, suspend, remit or commute in all cases where punishment or sentence by court martial for an offence against Union law or sentence of death.
Diplomatic powers:
All International treaties and agreements are negotiated and concluded on the name of president. However they are subjected to the approval of parliament.
Represents India in international forums and international affairs
Sends and receives diplomats like ambassadors, high commissioners, etc
Military powers:
Supreme commander of the defence forces of India
Appoints the chiefs of army, Navy and Air force
Declare war or conclude peace if subject is approved by parliament
Emergency powers
Article 352: national emergency
Article 356 and 365: president’s rule
Article 360: financial emergency
Veto power
Types of veto:
Absolute veto
Power of president withhold his assent
Bill ends and does not become an act
Private member’s bill or government bill when cabinet resigns
Suspensive veto
Returns bill for consideration of parliament
If bill is passed again by parliament, with or without amendment, president has to give his assent
Not for money bill (only assent or withhold)
Pocket veto
No action taken for indefinite time
Pending bill
Neither rectification happens, nor rejection or return
Time limit: none for India
In 1986, president Giani zail Singh pocket vetoed the Indian post office bill
Qualified veto
Only in the US, not India
A Bill passed by Parliament can become an act only if it receives the assent of the president
When presented to president, he has three options: give his assent, withhold his assent, return bill for consideration to be passed again with or without amendment. If that happens the president must give his assent.
Presidents veto overstate legislature:
Bill passed by legislature can only become an act when it received the assent of the governor.
If the bill is passed by legislature to governor, he has four choices: give his assent, with whole his assent, return the bill or reserve it for the President to give his assent, withhold it or ask the governor to return the bill. If passed again by the legislature, the president is not bound to give his assent.
Ordinance making power of president
Article 123: promulgate ordinances during the recess of parliament
Same force and effect as that of parliament
In case of urgent matters
Only when both houses are not in session or either of the houses is not in session
Not a parallel power of legislation
Only when satisfied
Only on those subjects on which parliament can make laws
Some limitations on acts of parliament
Cannot abridge or take away any fundamental rights
Must be laid before both houses when it reassembles. If approved by both houses then it becomes an act
No action by parliament ceases to operate on expiry of 6 weeks from reassembly
Even ceases to operate if both houses pass resolution disapproving it
Maximum life of ordinance is 6 months (6 weeks in case of not approving it)
President can also withdraw an ordnance at anytime
Not a discretionery power. President can withdraw the ordinance on the advice of council of minister headed by the PM
Ordinance can be retrospective
Cannot be issued to amend the constitution
Pardoning power of president
Article 72 empowered the President to grant pardons and it is independent of judiciary
This is to correct any judicial error or to afford relief
It remove both sentences and conviction
Completely absolves convict from all sentences, punishment and disqualification
Commutation: substitution from one form of punishment to a lighter form.
For example from death to rigorous imprisonment
Remission
Reducing the period of sentence without changing character
For example from 10 years to 5 years of punishment.
Respite:
Lesser sentence in place of original due to, special facts, physical disabilities and pregnancy of women
Reprieve
Stay of execution of sentences for temporary period
Examination of supreme Court:
Petitioner for mercy has no right to an oral hearing by president
President can examine case fresh and take different views
Power to be exercised by the president on advice of Union cabinet
Not bound to give reason for his order
No need for supreme Court to lay down specific guidelines
Not subject to judicial review, except where president’s decision is malaified
Discretionery power of president
Not constitutional but situational power
Appointment of PM, where no party has clear majority in Lok Sabha or when PM in office dies suddenly and there is no obvious successor
Dismissal of council of minister, when they cannot prove confidence in Lok Sabha
Dissolution of Lok Sabha if the council of minister has lost majority
Vice president
Qualification:
Citizen of India
35 years of age
Should be qualified for election as a member of rajya Sabha
Should not hold any office of profit in public office
Indirect election by proportional representation and single transferable vote
Who can vote:
Single transferable vote
Members of both houses of parliament
Nominated members of both house
State legislature can’t vote
Oath and affirmation
Taken by president, “to bear true faith and allegiance to the constitution of India and to faithfully discharge the duties of his office.”
Term of office:
5 years from the date he enters his office
Can resign to the president
Can be removed by resolution of rajya Sabha passed by effective majority or simple majority in Lok Sabha
14 days notice in advance
Can hold office beyond 5 years until his successor assumes charge
Eligible for re-election
Vacancy in office:
On expiration of tenure, resignation, removal, death
Election must be held as soon as possible
New VP remains in office for 5 years
Election disputes
If any of dispute occurs, then the decision of the supreme court is final
Election of person as vice president cannot be challenged on grounds that electoral collage was incomplete
If the election of the person as vice president is declared as void then acts done by him before date of such declaration of supreme Court are not invalidated
Powers and functions
Acts as ex officio chairman of rajya Sabha
Mostly similar to that of speaker of Lok Sabha
American vice president acts as a chairman of senate upper house
Acts as president during vacancy due to resignation or death
Can act as president for maximum 6 months
While acting as the President, the vice president does not perform as the chairman of rajya Sabha
Emoluments:
Salary not fixed
Emolumen draws regular salary in his capacity as chairman of rajya Sabha
4 lacs today
