Podcast
Questions and Answers
What must the President do to declare a national emergency?
What must the President do to declare a national emergency?
Which event allows the President to declare a national emergency under Article 352?
Which event allows the President to declare a national emergency under Article 352?
What does the 44th Constitutional Amendment change regarding the term used for internal unrest?
What does the 44th Constitutional Amendment change regarding the term used for internal unrest?
How long can a declared national emergency last without Parliament's approval?
How long can a declared national emergency last without Parliament's approval?
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Can the President withdraw a national emergency declaration without parliamentary approval?
Can the President withdraw a national emergency declaration without parliamentary approval?
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What is the primary purpose of establishing a finance commission every five years?
What is the primary purpose of establishing a finance commission every five years?
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Under which article can the President grant a full pardon for a death sentence?
Under which article can the President grant a full pardon for a death sentence?
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What does the term 'remission' refer to in the context of presidential powers?
What does the term 'remission' refer to in the context of presidential powers?
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What type of power does the President exercise when consulting with the Chief Justice on legal matters?
What type of power does the President exercise when consulting with the Chief Justice on legal matters?
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Which response options are available to the President regarding a bill passed by Parliament?
Which response options are available to the President regarding a bill passed by Parliament?
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Study Notes
Presidential Powers in India
- The President exercises various emergency powers based on the advice of the Cabinet.
National Emergency
- Article 352 permits the President to declare a national emergency due to armed rebellion, foreign invasion, or war.
- Following the 42nd Constitutional Amendment in 1976, the President gained the authority to declare a national emergency in specific parts of the country.
- The term "internal disturbance" was replaced with "armed rebellion" by the 44th Constitutional Amendment in 1978.
- A national emergency declaration requires written recommendations from the Cabinet, as added by the 44th Constitutional Amendment.
- Judicial review of the President's declaration during a national emergency is prohibited unless the declaration is made arbitrarily or under foreign influence.
- Approval from both Houses of Parliament for the national emergency declaration is mandatory within 30 days. If the Lok Sabha is dissolved before approval, the new Lok Sabha must approve it within 30 days of its first meeting.
- Once approved by Parliament, the national emergency is effective for six months and can be extended with approval every six months, potentially indefinitely.
- The President can revoke the national emergency without parliamentary approval.
Financial Emergency (Article 360)
- A Finance Commission is constituted every five years as per Article 280, concerning revenue distribution between the center and states.
- Recommendations from the Finance Commission are presented to both Houses of Parliament, following Article 281.
Judicial Powers
- The President appoints all judges of the Supreme Court and High Courts.
- Under Article 143, the President can consult the Chief Justice of India on legal issues, but such advice is not binding.
- Article 72 allows the President to grant pardons, reprieves, respites, or remissions for various cases, including those in military courts.
Types of Clemency
- Pardon: Complete forgiveness of a death sentence.
- Remission: Reduction of the severity of a sentence without changing its nature (e.g., from 6 years to 4 years imprisonment).
- Respite: Mitigation of punishment under special circumstances (e.g., physical disability or pregnancy of the convict).
- Commute: Changing the nature of the punishment (e.g., death sentence to life imprisonment).
Additional Presidential Responsibilities
- The President appoints the chiefs of the armed forces.
- Regarding legislation, the President has three responses:
- Approval of the bill.
- Returning the bill for reconsideration.
- Exercising veto power to prevent the bill from becoming law.
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Description
This quiz explores the powers of the President of India, especially in the context of national emergencies as defined in the Constitution. It delves into Article 352 and the implications of declaring a national emergency. Test your understanding of the President's emergency powers and their constitutional basis.
