general studies (polity)

7/31/2019 General Studies (Polity)

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General Studies

Polity

10/1/2012

Vikas Jha


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Table of ContentsConstitutional Development, Features & Philosophy ................................................................................................... 4

Constitutional Development during British Rule ...................................................................................................... 4

History of constitution Making ................................................................................................................................ 5

Regulating Act of 1773 ........................................................................................................................................... 5

Pitts India Act of 1784 ........................................................................................................................................... 5

Charter Act of 1793................................................................................................................................................. 5

Charter Act of 1813................................................................................................................................................. 5

Charter Act of 1833................................................................................................................................................. 5

Charter Act of 1853................................................................................................................................................. 6

Government of India Act of 1858 ............................................................................................................................ 6

Indian Councils Act of 1861 .................................................................................................................................... 6

Indian Councils Act of 1892 .................................................................................................................................... 6

Government of India Act of 1909 or MorleyMinto Reform .................................................................................. 6

Government of India Act of1919 or MontagueChelmsford Reforms .................................................................... 7

Simon Commission ................................................................................................................................................. 7

Communal Award ................................................................................................................................................... 7

Government of India Act of 1935 ............................................................................................................................ 7

The Cabinet Mission Plan ....................................................................................................................................... 8

Indian Independence Act of 1947 ............................................................................................................................ 8

The Union and its territory .......................................................................................................................................... 9

Citizenship ................................................................................................................................................................ 10

Fundamental Rights, Directive Principles and Fundamental Duties............................................................................ 11

President ................................................................................................................................................................... 12

Election of President ............................................................................................................................................. 12

Eligibility Criteria ................................................................................................................................................. 13

Conditions of the Presidents Office ...................................................................................................................... 13

Impeachment and Removal of President ................................................................................................................ 13

Powers and Functions/Duties ................................................................................................................................ 14

Executive Powers .............................................................................................................................................. 14

Legislative Powers ............................................................................................................................................ 15

Financial Powers ............................................................................................................................................... 16

Judicial Powers ................................................................................................................................................. 16

Diplomatic Powers ............................................................................................................................................ 16

Military Powers ................................................................................................................................................. 16

Emergency Powers ............................................................................................................................................ 16

Pardoning Powers ............................................................................................................................................. 16

Constitutional Position of President ....................................................................................................................... 16


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Veto Powers .......................................................................................................................................................... 17

Absolute Veto ................................................................................................................................................... 17

Suspensive Veto ................................................................................................................................................ 17

Pocket Veto ....................................................................................................................................................... 17

Salaries and Amenities .......................................................................................................................................... 17

Presidential Standard ............................................................................................................................................. 17

Presidents of India from 1950 till date ................................................................................................................... 17

Vice-President .......................................................................................................................................................... 18

Election of Vice-President ..................................................................................................................................... 18

Eligibility Criteria ................................................................................................................................................. 18

Removal ............................................................................................................................................................... 18

Power and Functions ............................................................................................................................................. 19

Emoluments .......................................................................................................................................................... 19

Constitutional Position .......................................................................................................................................... 19

Vice-Presidents till date......................................................................................................................................... 19

Prime Minister .......................................................................................................................................................... 20

Council of Ministers ................................................................................................................................................. 20

Attorney General and Solicitor General ..................................................................................................................... 20

Parliament ................................................................................................................................................................ 20

Governor .................................................................................................................................................................. 21

Chief Minister, .......................................................................................................................................................... 21

State Council of Minister .......................................................................................................................................... 21

State Legislature ....................................................................................................................................................... 21

Emergency Provision, Amendment of Constitution ................................................................................................... 22


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Constitutional Development, Features & PhilosophyThe Indian administrative structure is largely a legacy of the British rule. The history of the Constitutional

development in India can be traced back to the Regulating Act of 1773, which for the first time made the provision for

the post of GovernorGeneral in India.

Since then a number of constitutional experiments were introduced aiming at streamlining the Indian

Administration. However, the year 1858 serves as watershed when the Indian Administration came under the direct

rule of the British Crown and the centralization of the administration was at its pinnacle.

Thus the period of British constitutional development experiment in India can be divided into two phases: The

British rule in India can be divided into two phases-

Constitutional experiments during the rule of the East India Company (1773-1857)

Constitutional experiments under the British Crown (1857-1947)

Constitutional Development during British Rule

The government of India Act of 1858 established in England the office of the Secretary of State for India

through whom Parliament would exercise its rule, along with a Council of Indian to aid him. It also established the

office of the Governor General of India along with an Executive Council in India, consisting of high officials of theBritish Government.

The Indian Councils Act of 1862 provided for a Legislative Council for the First time consisting of the

official member of the Executive council and non-official Indian members.

The Indian councils Act of 1892 established provincial legislatures and increased the powers of the

Legislative council. These acts increased the representation of Indians in the government, however their power

remained limited.

The government of India Act of 1909, (Minto-Morley reforms) provided for representation of Indians on

communal lines and a single Indian member was appointed to the Governor Generals Executive Council. The Actpaved the way for communalization of Indian politics.

The Government of India Act of 1919, (Montague-Chelmsford Reforms) provided for a dyarchy at the

provincial legislature. Certain items of administration like irrigation, law and order etc, were transferred to Indian

Ministers nominated by Governor while the rest were kept with the British Ministers chosen by the Governor. The Act

also established a bicameral legislature at the Centre.

The Government of Indian Act of 1935 abolished dyarchy at the provincial level and proposed to put

dyarchy at the federal level. It also provided for a Federation of British Indian and Princely States. The Act also

included Christians, Sikhs for separate communal electoral rolls.

Conceding the stupendous Indian National Movement, the British Prime Minister Clement Attlee in 1946

formulated a cabinet mission to India to discuss and finalize plans for the transfer of power from the British Raj to

Indian leadership as well as provide Indian with independence under Dominion status in the Commonwealth of

Nations.

The Indian Independence Act, which came into force on 19th

July, 1947, divided British Indian territory

into tow new states: Indian and Pakistan, which were to be dominions under the Commonwealth of Nations until their

constitutions came into effect. The Constituent Assembly was divided into two for the separate states.

When the Constitution of India came to force on 26th

January, 1950, it repealed the Indian Independence

Act; India ceased to be a dominion of the British Crown and became a Sovereign, Democratic and Republic. 26th

,November, 1949 is also known as National Law Day .


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History of constitution Making

The double standards adopted by the British, on one hand claiming to uphold liberal democratic values and on

the other persistently denying Indian involvement in its own affairs, served as an eye opener for the Indian

intelligentsia to refute colonialism.

They spearheaded the Indian National Movement that initially agitated to make the British regime responsive

to peoples demands. Owning to the massive support received by the national movement, the British were compelled

to make political concessions by conceding to their demands, though partially and half-heartedly.

Regulating Act of 1773

1. The act was passed by British government to control and regulated the affairs of East India Company inIndia

2. It designated the Governor of Bengal as Governor-General of Bengal.3. It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal.4. The Supreme Court was established at Fort Williams in 1774, Calcutta5. The servants of the company were forbidden to engage in Private trade, accept present or bribe.6. Load Warren Hastings became the First Governor General of Bengal.

Pitts India Act of 1784

1. British Prime Minister William Pitt had introduced this Act to remove the drawbacks of Regulating Act of1773.

2. The commercial and political activities of the Company were now separated.3. The Act placed Indian affairs under the direct control of the British Government4. Board of Control of six members (including two cabinet ministers) set up to guide and supervise the affairs

of the Company in India.

5. Secret Committee of three Directors was to look into political and military affairs. Governor General and thecouncil were forbidden to declare war and make treaties without the sanction of secret committee.

6. Under this Act, the company's territories in India were called" the British possessions in India".Charter Act of 1793

1.

Company given monopoly of trade for 20 more years.2. Expenses and salaries of the Board of Control to be charged on Indian revenue.3. The Governor General and the Governors could now override the decisions of their respective

Councils.

4. All laws were to be translated in Indian languages.Charter Act of 1813

1. This Act renewed the Companys Charter for a further 20 years.2. It however deprived the company of its monopoly of trade with India, expect of Tea Trade and Trade with

China.

3. The Act allowed the Christian missionaries to operate in India.4. The Act also enlarged the powers of the Board of control considerably.5. It also laid down that the Company should spend one Lakh rupees every year on the education of Indians

in the British territories of India.

The period between the Charter Act of 1813 and the Charter of 1833 witnessed great changes in England due

to the Industrial Revolution. The Industrial Revolution brought prosperity and also triggered new spirit of liberal

principles.

Charter Act of 1833

1. End of Companys monopoly even in tea and trade with China. Company was asked to close its commercialbusiness at the earliest.

2. All restrictions on European immigration into India and acquisition of land and property in India by then wereremoved.


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3. Governor General of Bengal to be Governor General of India; all powers, administrative and financial, werecentralized in the hands of the GovernorGeneralinCouncil. (1st Governor General of IndiaLord WilliamBentinck).

4. President of Board of Control became the minister for Indian affairs.5. A law member (without power to vote) was added to the Executive Council of the Governor General.

Macaulay was the first Law member. This increased the Councils strength to four, with it began the IndianLegislature.

6. A law commission was constituted for codification of laws.7.

The Act threw open to all, irrespective of religion, place of birth, descent and colour, services under theCompany.

Charter Act of 1853

1. The Act renewed the powers of the Company and allowed it to retain the possession of Indian territories intrust for the British Crown but not for any specified period.

2. The number of members of the Court of Directors was reduced from 24 to 18 of which 6 were to benominated by the Crown.

3. The Law member was made a full member of the Governor Generals Executive Council. 4. Legislation was treated for the first time as separate from executive functions.5. Questions could be asked and the policy of the Executive Council could be discussed, though the Executive

Council could veto a bill of the Legislative Council.

6. Indian Civil service was opened to all (Macaulay committee was the committee on Indian Civil services wasappointed in 1854)

Government of India Act of 1858

1. Rule of Company in India ended and that of the Crown began.2. System of Dual government ended. Court of Directors and Board of Control abolished and substituted them

with a post of Secretary of State (a member of the British cabinet). He was assisted by a 15 member council(called Indian Council). He was to exercise the powers of the Crown.

3. Secretary of State governed India through the Governor General.4. Governor General received the title of Viceroy. He represented Secretary of State and was assisted by an

Executive Council, which consisted of high officials of the Government.5. A unitary and highly centralized administrative structure was created.

Indian Councils Act of 1861

1. A fifth member, who was to be a jurist, was added to the Viceroys Executive Council.2. 6 12 additional members to be added to the Executive Council for legislation purpose. This implied that

Viceroys Executive Council, which was so long composed of officials, would now include certain additionalnonofficial members. Some of non official seats were offered to natives of high ranks. Thus, a minute

element of popular participation was introduced in the legislative process. The additional members, though,had little powers.

3. The Executive Council was now to be called Central Legislative Council.4. Viceroy could issue ordinances in case of emergency.

Indian Councils Act of 18921. Two improvements in both the Central and the Provincial Legislative Councils were suggested.2. Though the majority of the official members was retained, the non official members were to be nominated

by the Bengal Chamber of Commerce and Provincial Legislative Councils. [The non - official members of the

Provincial Councils were to be nominated by certain local bodies such as universities, district boards,

municipalities]. Indian leaders like G.K. Gokhale, Ashutosh Mukherjee, Ras Bihari Ghosh and S.N. Banerjee

found their way in the Legislative Council.

3. The Councils were to have the powers to discuss the annual statement of revenue and expenditure (i.e. thebudget) and of addressing questions to the Executive). They could also put questions, within certain limits, to

the Government on matters of public interest after giving six days notice.

Government of India Act of 1909 or Morley Minto Reform

1. Morley was the Secretary of State, while Minto was the Indian Viceroy.2. Legislative Councils, both at the Centre and in the Provinces, were expanded.


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3. With regard to Central Government, an Indian member was taken in the Executive Council of the GovernorGeneral.

4. The size of the Provincial Legislative Councils were enlarged by including elected non official members sothat the official majority was gone. Their functions were also increased. Now, they could move resolutions on

Budget and on some matters of public matters.

5. An element of election was also introduced in the Central Legislative Council, but the official majority wasmaintained.

6. The most notable and retrograde change introduced was that Muslims were given separate representation.Thus, communal representation was introduced.

Government of India Act of1919 or Montague Chelmsford Reforms

1. Dyarchy system introduced in the provinces. It was considered to be a substantial step towards transfer ofpower to the Indians). The Provincial subjects of administration were to be divided into two categories :Transferred and Reserved.

2. The Transferred subjects were to be administered by the Governor with the aid of ministers responsible to theLegislative Council. The Governor and the Executive Council were to administer the reserved subjects

without any responsibility to the legislature.

3. Devolution Rules : Subjects of administration were divided into two categories Central and Provincial.Subjects of all India importance (like railways and finance) were brought under the category of Central, while

matters relating to the administration of the provinces were classified as Provincial.

4. The Provincial Legislature was to consist of one House only (Legislative Council).5. The number of Indians in the Governor Generals Executive Council was raised to three in a Council of eight.

The Indian members were entrusted with departments such as Law, Education, Labour, Health and Industries.6. The Centre was now to have a Bicameral Legislature for the first time. It actually happened after 1935 Act.7. Communal representation extended to Sikhs, Christians, Anglo Indians, etc. Secretary of State to be

henceforth paid salary out of the British revenue.

Simon Commission

In November 1927 itself, the British Government announced the appointment of a seven member statutory

commission under the chairmanship of Sir John Simon to report on the condition of India under its new constitution.

All members of the commission were British and hence, all the parties boycotted the commission. The

commission submitted its report in 1930 and recommended the abolition of dyarchy, extension of responsible

government in the provinces, establishment of a federation of British India and princely states, continuation of

communal electorate and so on.

To consider the proposals of the commission the British Government convened three round table conferences

of the representatives of British Government, British Indian and Indian Princely states. On the basis of these

discussions, a White Paper on constitutional reforms was prepared and submitted of the consideration of the Joint

select committee of the British parliament. The recommendations of this committee were incorporated in the next

Government of India Act of 1935.

Communal AwardIn August 1932 Ramsay MacDonald, the British Prime Minister, announced a scheme of representation of the

minorities, which came to be known as Communal Award, The award not only continued separate electorates for the

Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans, but also extended it to the depressed classes.

Gandhi Ji was distressed over this extension and went on fast until death in Yeravada Jail (Poona) to get it

modified. At last there was an agreement between the leaders of the Congress and the depressed class. The agreement,

known as Poona Pact, retained the Hindu joint electorate and gave reserved seats to the depressed classes.

Government of India Act of 1935

1. Provided for the establishment of All India Federation consisting of the British provinces and the PrincelyStates. The joining of Princely States was voluntary and as a result the federation did not come into existence.

2. Dyarchy was introduced at the Centre (e.g., Department of Foreign Affairs and Defence were reserved for theGovernor General).


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3. The other Federal subjects were to be administered by the Governor General with the assistance and advice ofa Council of Ministers to be chosen by him (but to include representatives of Princely States and minorities,and to be responsible to the Central Legislature). Residuary powers were to be with the Governor General

only.

4. The Federal Legislature (Central Legislature) was to have two chambers (bicameral) the Council of Stateand the Federal Assembly. The Council of State was to be a permanent body with one third of itsmembership being vacated and renewed triennially. The Federal Assemblys duration was fixed for five years.

5. It made a 3fold division of powers: Federal (Central) Legisl1ative List Provincial Legislative List and theConcurrent Legislative List. Residuary legislative powers were subject to the discretion of the GovernorGeneral. Even if a bill was passed by the Federal Legislature, the Governor General could veto it, while even

Acts assented to by the Governor General could be disallowed by the KinginCouncil.6. Provincial autonomy replaced Dyarchy in Provinces i.e., the distinction between Reserved and Transferred

subjects was abolished and full responsible government was established, subject to certain safeguards. They

were granted separate legal identity.

7. The Governor was the head of the Provincial Executive and was expected to be guided by the advice of thepopular ministries. However, the Act gave arbitrary powers to the Governors to act in their discretion incertain matters.

8. The Act also provided for a Federal Court (which was established in 1937), with original and appellatepowers) to interpret the Constitution. A Federal Bank (the Reserve Bank of India) was also established. TheIndian Council of Secretary of State was abolished.

9. Principle of separate electorate was extended to include AngloIndians, Indian Christians and Europeans.10.Burma (now Myanmar) and Aden were separated from India and two new provinces Orissa and Sind werecreated.

The Cabinet Mission Plan

In 1946, British Prime Minister Clement Attlee formulated a cabinet mission to India to discuss and finalize

plans for the transfer of power from the British Raj to Indian leadership as well as provide India with independence

under dominion status in the commonwealth of the Nations.

The Mission discussed the framework of the constitution and laid down in some details the procedure to be

followed by the constitution drafting body

Elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. The

Constituent Assembly first met and began work on 9th

December, 1946.

Indian Independence Act of 1947

1. It declared India as an independent and sovereign state and brought to an end the responsibility of theBritish Parliament for administration of India

2. It established responsible government at both the Centre and the provinces. It designated the Governor itmade them to act on the advice of the respective council of ministers.

3. It assigned dual function to the Constituent Assembly formed in 1946. It declared this dominion legislatureas a sovereign body.


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Citizenship


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Fundamental Rights, Directive Principles and Fundamental Duties


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Central Government

Article 52 to 78 in Part V of the Constitution deal with the Union executive. The union executive consists of

the President, the Vice-President, the Prime Minister, the Council of Minister and the Attorney General of India.

Ordinarily, the executive powers indicate the residue of the Government functions that remains after the

judicial and legislative functions are taken away

PresidentArticle 52 states that there shall be a President of India

The President of India is the Head of state. He is the first citizen of India, as well as the Supreme Commander

of the Indian Armed Forces.

According to Article 53(1), the executive power of the Union vests in the President. However, as per Article

74 the President can exercise powers through the Council of Ministers, headed by the Prime Minister.

Article 56 states that President holds office for tenure of five years. Even after completion of his term he shall

occupy the office unless a successor is sworn in.

The resignation letter has to be addressed to the Vice-President. Then shall forth with be communicated by

him to the Speaker of Lok-Sabha.

The President is eligible for re-election. However, it has been the convention that serving President is not

entertained is not entered to seek another term. The only President who has served two terms was Dr. Rajendra Prasad.

Election of President

The constitution provides for the election of the President by the system of proportional representation meansof the single transferable vote. The voting is by Secret Ballot.

The provisions dealing with the election of the President are provided in Articles 54 and 55 and the President

and the Vice-President (Elections) Act of 1952

The President is elected by the members of an electoral college consisting of

1. Elected Members of both the houses of Parliament2. Elected members of the Legislative Assemblies of States and3. Elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry.Nominated members of Parliament, state Legislative Assemblies and state Legislative Council do not

participate in election.

Article 55 provides the formulae to work out the value of vote of a MLA and that of MP.

Value of the vote of an MLA =Population of the State

Total Elected members of theState Legislature

X1

1000


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More than 50% of the votes are required by a Presidential Candidate to get elected to the office of President.

The Oath to the President is administered by the Chief Justice of India and in this absence senior most Judge of

Supreme Court as per Article 60.

The Supreme Court is the authority to decide disputes regarding Presidents and Vice-Presidents election.

Eligibility Criteria

Article 58 of the Constitution sets the principle qualifications one must meet to be eligible to the office of

president. They are

i. He should be citizen of Indiaii. He should be of 35 years of age or aboveiii. He should be qualified to become a member of the Lok Sabhaiv.

He should not hold any other office of profit. Certain offices-holders, however, are permitted to stand asPresidential candidates. These are: The current Vice-President, the Governor of any State, a Minister of

the Union or of any State.

In the event that the Vice-President, a State Governor or a Minister is elected President, they are considered to

have vacated their previous office on the date they begin serving as President.

Conditions of the Presidents Office

i. He should not be a member of either the Parliament or a state legislatureii. He should not hold any office of profitiii. His emoluments, allowances and privileges shall be determined by the Parliament andiv. His emoluments and allowances shall not be diminished during his term of office.

Impeachment and Removal of President

According to Article 61, when a president is to be impeached for violation of the Constitution, the charge shall

be initiated by either house of the Parliament.

These charges should be signed by one-fourth member of the house (which framed the charges) and a14 days

notice is given to the President.

The impeachment bill is passed by a majority of two-thirds of the total membership of that house, it is sent to

the other house which shall investigate the charges.

The president has right to appear and to be represented at such investigation. If the other house also sustains

the charges and passes the impeachment bill by a majority of two-thirds of the total membership of the house, then the

President stands removed from his office from the date on which the b ill is so passed

When vacancy occurs in the office of President, According to Article 65 the Vice-President acts as the

President until a new President is elected. When the Vice-President is acting as President or discharging the function

of the President, he shall have all the powers and immunities of the President and shall be entitled to such

emoluments, allowances and privileges as are determined by the Parliament.

Any vacancy occurring in the office of President due to the death, resignation or removal or otherwise should

be held within six months from the state of occurrence of such a vacancy.

Value of the vote of an MP =

Value of votes of total MLAs of

28 states and two UTs

Total elected members of the

Parliament


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The Nominated members of either House of Parliament can participate in the impeachment of President

though they do not participate in his election.

The elected members of the Legislative Assemblies of states and the Union Territories of Delhi and

Puducherry do not participate in the impeachment of the President though they participate in his election.

Powers and Functions/Duties

The powers enjoyed and the functions performed by the President of India can be studied under the following

heads.

i. Executive Powersii. Legislative Powersiii. Financial Powersiv. Judicial Powersv. Diplomatic Powersvi. Military Powersvii. Emergency Powers

Executive Powers

The executive powers and functions of the President are

i. All executive actions of the Government of India are formally taken in his name.ii. He can make rules specifying the manner in which the orders and other instruments made and executed in

his name shall be authenticated.iii. He can make rules for more convenient transaction of business of the Union Government, and for

allocation among the ministers, of the said business.

iv. He appoints the Prime minister and the other ministers.v. He appoints the attorney general of India and determines his remunerationvi. He appoints Comptroller and auditor general of India, the chief election commissioner and other election

commissioners, the chairman and members of the Union Public Service Commission, the governors of

states, the chairman and members of finance commission, and so on

vii.

He can seek any information relating to the administration of affairs of the Union and proposals forlegislation from the Prime Minister

viii. He can require the Prime Minister to submit, for consideration of the council of ministers, any matter onwhich a decision has been taken by a minister but, which has not been considered by the council.

ix. He can appoint a commission to investigate into the conditions of SCs. STs and other backward classes.x. He can appoint an inter-state council to promote Centre-states and inter-state co-operationxi. He directly administers the union territories through administrators appointed by him.xii. He can declare any area as scheduled area and has powers with respect to the administration of scheduled

areas and tribal areas.

The President is responsible for making a wide variety of appointments. These include

i. Governors of Statesii. The Chief Justice, other judges of the Supreme Court and High Courts of India.iii. The Attorney General of Indiaiv. The Comptroller and Auditor generalv. The Chief Election Commissioner and other Election commissionersvi. The Chairman and other Members of the Union Public Service Commissionvii. Ambassadors and High Commissioners to other countries.

The President is the supreme commander of the defense forces of India, in this capacity the President can

appoint Army, navy and Air Chiefs.

The President can declare war or conclude peace, subject to the approval of parliament only under the

decision of the Council of Ministers


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The President of India can grant a pardon to or reduce the sentence of a convicted person for one time.

Particularly in cases involving punishment of death

The President appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief

Justice

The President dismisses the judges if and only if the two Houses of the parliament pass resolutions to that

effect by two-thirds majority of the members present and voting and not less than half of the total membership of

the House. If the President considers a question of law or a matter of public importance has arisen he/she can askfor the advisory opinion of the Supreme Court. But the President may or may not accept the opinion.

He enjoys the judicial immunity

i. No criminal proceedings can be initiated against him during his term in officeii. He is not answerable for the exercise of his duties.

Legislative Powers

i. The President can summon or prorogue the Parliament. He can even dissolve the Lok Sabha.ii. He can summon a joint sitting of both the houses of Parliament which is presided over by the Speaker of

the Lok Sabha.

iii. He can address the Parliament at the commencement of the first session after each general election and thefirst session of each year.

iv. He can send message to the houses of Parliament, whether with respect to a bill pending in the Parliamentor otherwise.

v. He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both, theSpeaker and the Deputy Speaker fall vacant. Similarly, he can also appoint any member of the Rajya

Sabha to preside over its proceeding when the offices of both the Chairman and the Deputy Chairman fall

vacant.

vi. He nominates 12 members of the Rajya Sabha from amongst the persons having special knowledge orpractical experience in respect of literature, science, art and social service.

vii. He can nominate two members to the Lok Sabha from the Anglo-Indian community.viii.

He decides on questions as to disqualifications of members of the Parliament, in consultation with theElection Commission.

ix. His prior recommendation or permission is needed to introduce certain types of bills in the Parliament.They are

a. A bill for the alteration of boundaries of states or creation of new state.b. Money bills and Financial billsc. State bills restricting freedom of traded. State bills not in conformity with the Union lawse. A bill involving expenditure from the consolidated Fund of India

x. When a bill is sent to the President after it has been passed by the Parliament, he cana. Give his assent to the bill, orb. Withhold his assent to the bill, orc. Return the bill( if it is not money bill) for reconsideration of the Parliamentxi. If the bill is passed again by Parliament, with or without amendments, the President has to give his assentto the bill.

xii. A bills passed by the Parliament can become laws only after receiving the assent of the President. This isnot applicable when it comes to state. President enjoys complete veto over state bills. He can direct

Governor to return the bill multiple times for reconsideration.

xiii. He can promulgate ordinances when the Parliament is not in session. These ordinances must be approvedby the Parliament within six weeks from its reassembly. He can also withdraw an ordinance at any time.

xiv. In the event of a hung parliament where no party has absolute majority in Lok Sabha, the President invitesparties to command the required support and form the government.

xv. If the majority is still not achieved. President can call for new elections.xvi. The president shall cause certain reports to be laid in Parliament. They are

a. Annual Financial Statementb. Statements showing budgetary grants, supplementary grants, etc.,.c. Report of Comptroller and Auditor General of India


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d. Report of the Finance Commissione. Report of the National Commission for Scheduled Castes and Scheduled Tribes and Backward

Classes

f. Report of the commissioner for Linguistic Minorities

Ordinance making power of President is given in Article 123. It is subject to judicial review. In Coopers case,

Supreme Court held that ordinance making power of the President can be challenged in a court on the grounds of

malafide. But the 38th

amendment made President Satisfaction final and unquestionable, which was turned down by44

thAmendment.

Financial Powers

i. No demand for a grant can be made except on his recommendationii. Money bills can be introduced in the Parliament only with his prior recommendationiii. He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure iv. He constitutes a Finance commission ager every five years to recommend the distribution of the taxes

between the centre and the States.

Judicial Powers

i. He appoints the Chief Justice and the Judges of the Supreme Court and the High courts ii. He can seek advice from the Supreme Court on any question of law or fact (Article 143)iii. The advice given by the Supreme Court is not binding on the President

Diplomatic Powers

i. The international treaties and agreements are negotiated and concluded on behalf of the President.ii. They are subject to the approval of the Parliamentiii. He sends and receives Diplomats like Ambassadors, High Commissioners and so on.

Military Powers

i. He is the Supreme Commander of the Defence Forces of India ii. He appoints the Chief of the Army, the Navy and the Air Force iii.

He can declare war or conclude peace Subject to the approval of the Parliament

Emergency Powers

i. National Emergency can be declared on grounds of war, external aggression or armed rebellion. (Article352). He can proclaim this emergency only after receiving a written recommendation from the cabinet.

ii. Presidents rule can be proclaimed in a state on grounds of failure of the constitutional machinery in thestate (Article 356) or failure to comply with or to give effect to the directions given by the Union (Article

365).

iii. The President can proclaim Financial Emergency if he is satisfied that the financial stability of credit ofIndia or any part thereof is threatened (Article 360).

Pardoning Powers

He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute thesentence of any person convicted of any offence. The president can issue the following orders of mercy to the

convicted citizen of India (Article 72)

i. Pardon sets free a person from all punishment imposed on him by a court of law for some offence ii. Commutation is reduction of punishment from death sentence to life imprisonment.iii. Remission is quantitative reduction of punishment without affecting nature of punishment.iv. Respite denotes awarding a lesser sentence instead of the penalty prescribed by lawv. Reprive implies a stay of the execution of a sentence for a temporary period

Constitutional Position of President

i.

The President has to exercise this powers and functions with the aide and advice of the Council ofMinisters headed by Prime Minister (Article 74).


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ii. The 42nd constitutional amendment act of 1976 has made the President bound by the advice of the councilof Ministers headed by the Prime Minister (Article 78).

iii. The 44th Constitutional Amendment Act of 1978 has authorized the President to require the council ofministers to reconsider such advice either generally or otherwise. However, he shall act in accordancewith the advice rendered after such reconsideration

iv. The President can act in his discretion under the following situationsa. Appointment of Prime Minister when no party has a clear-cut majority in the Lok Sabha.b. Dismissal of the Council of Minister when no party has a clear-cut majority in the Lok Sabhac.

Dissolution of the Lok Sabha if the Council of Ministers has lost its majority

Veto Powers

The President enjoys three veto powers which he can use to deny the execution of an action recommended by

the Parliament.

Absolute Veto

When a bill other than a money bill passed by Parliament, the President my decline to give assent to the bill

altogether.

Suspensive Veto

When a bill other than a money bill is passed by Parliament and the President may resend the bill toParliament for further consideration with message to amend certain provisions of a bill. However, if the Parliament

passed it again with or without amendment, the President is bound to give assent on it.

Pocket Veto

President can keep the bill with him without taking any action for indefinite period. In case of money bill the

President may accent the bill or decline the bill but cannot send it back to Parliament for reconsideration. In case of

Constitutional amendment bills, the President is bound to assent the bill.

Salaries and Amenities

From September 11, 2008 the Government of India increased the salary of the President to 1.5 lakh. However,

almost everything that the President does or wants to do is taken care by the annual 22.5 crore budget that governmentallots for his upkeep.

The Rashrapati Bhavan or Presidential House is located in Prakash Vir Shastri Avenue, where its main

entrance, Gate 35, is located. It is the largest Presidential Palace in the world.

Presidential Standard

The Standard of the President of India is blue and red quatered flag

i. 1st Quarter : State emblem (the lion of Sarnath) to represent national Unityii. 2nd Quarter: Elephat from Ajanta caves represent patience and strengthiii. 3rd Quarter: Scales from the Red Fort of Delhi to represent Justiceiv. 4th Quarter: Lotus vase from Sarnath to represent Prosperity

Presidents of India from 1950 till date

1. Dr. Rajendra Prasad January 30, 1950 to May 13, 1962

2. Sarvepalli Radhakrishnan May 13, 1962 to May 13, 1967


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3. Zakir Hussain May 13, 1967 to May 3, 1969

4. Varahagiri Venkata Giri May 3, 1969 to July 20, 1969

5. Muhammad Hidayatullah(Temp) July 20, 1969 to August 24, 1969

6. Varahagiri Venkata Giri August 24, 1969 to August 24, 1974

7. Fakhruddin Ali Ahmed August 24, 1974 to February 11, 1977

8. Basappa Danappa Jatti(Temp) February 11, 1977 to July 25, 1977

9. Neelam Sanjiva Reddy July 25, 1977 to July 25, 1982

10. Giani Zail Singh July 25, 1982 to July 25, 1987

11. Ramaswamy Venkataraman July 25, 1987 to July 25, 1992

12. Shankar Dayal Sharma July 25, 1992 to July 25, 1997

13. Kocheril Raman Narayanan July 25, 1997 to July 25, 2002

14. A. P. J. Abdul Kalam July 25, 2002 to July 25, 2007

15. Smt. Pratibha Devisingh Patil July 25, 2007 to July 24, 2012

16 Pranab Mukherjee July 25, 2012 to till date

Vice-PresidentThe Vice-President of India is the second highest constitutional officer in the country. He is accorded a ranknext to the President in the official warrant of precedence

Election of Vice-President

The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament, in

accordance with the system of proportional representation by means of the single transferable vote and the voting in

such election is by secret ballot

Eligibility Criteria

The Vice-President is not a member of either House of the Parliament or of a Legislature of any state. If a

member of either house of the Parliament or of a House of Legislature of any state is elected as Voice-President, he is

deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President.

A person can be elected as Vice-President if he fulfills the following criteria

i. He should be citizen of India ii. He should have completed the age of 35 yearsiii. He should be qualified for election as a member of the Council of states (Rajya Sabha)iv. He should not hold any office of profit

RemovalThe Vice-President may resign his office by submitting his resignation to the President of India. The

resignation becomes effective from the day it is accepted. The Vice-President can be removed from office by a


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resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by

the House of the People (Lok Sabha)

An election to fill a vacancy caused by the expiry of the term of office of vice-President is completed before

the expiry of the term.

In case of a vacancy arises by reasons of death, resignation or removal or otherwise, the election to fill that

vacancy is held as soon as possible after the occurrence. The person so elected is entitled to hold office for a full term

of 5 years from the date he enters office.

Power and Functions

The functions of Vice-President are two fold

i. The Vice-President is the ex-officio Chairperson of the Council of States (Rajya Sabha) and does not holdany other office of profit. The period, in which Vice-President acts as President, he does not perform the

duties of the office of the Chairperson of the Council of States (Rajya Sabha). During this period the

duties are performed by the Deputy Chairman of Rajya Sabha.

ii. He acts as President when a vacancy occurs in the office of the President due to his resignation, removal,death or otherwise. He can act as President only for a maximum period of six months within which a new

President should be elected.

Emoluments

The constitution has not fixed any emoluments for the Vice-President in that capacity. He draws his regular

salary in his capacity as the ex-officio Chairman of the Rajya Sabha.

Constitutional Position

The constitution is silent on who performs the duties of the Vice-President, when a vacancy occurs in the

office of the Vice-President of India, before the expiry of this term, or when the Vice-President acts as the President of

India.

The Only Provision in the constitution is with regard to the Vice-Presidents function as the chairperson of theCouncil of States (Rajya Sabha), which is performed, during the period of such vacancy, by the Deputy Chairperson of

the Rajya Sabha or any other member of the Rajya Sabha authorized by the President of India.

Vice-Presidents till date

1. Dr. Sarvepalli Radhakrishnan May 13, 1952 to May 12, 1962

2. Dr. Zakir Hussain May 13, 1962 to May 12, 1967

3. Varahagiri Venkata Giri May 13, 1967 to May 3, 1969

4. Gopal Swarup Pathak August 31, 1969 to August 30, 1974

5. Basappa Danappa Jatti August 31, 1974 to August 30, 1979

6. Muhammad Hidayat Ullah August 31, 1979 to August 30, 1984

7. Ramaswamy Venkataraman August 31, 1984 to July 27, 1987

8. Shankar Dayal Sharma September 3, 1987 to July 24, 1992

9. Kocheril Raman Narayanan August 21, 1992 to July 24, 1997

10. Krishan Kant August 21, 1997 to July 27, 2002


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11. Bhairon Singh Shekhawat August 19, 2002 to July 21, 2007

12. Mohamed Hamid Ansari August 11, 2007 to till date

Prime Minister

Council of Ministers

Attorney General and Solicitor General

Parliament


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State Government

Governor

Chief Minister,

State Council of Minister

State Legislature


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Emergency Provision, Amendment of Constitution

general studies (polity)

Documents