India and Indian Constitution PDF

India and Indian Constitution IV BBA /BBA(AM) Bengaluru North University  Chapter - 3 Union Government  UNION EXECUTIVE  Article – 52 - there shall be a president of India  President – First citizen of India, supreme commander of defense forces , Head of the State...

India and Indian Constitution IV BBA /BBA(AM) Bengaluru North University  Chapter - 3 Union Government  UNION EXECUTIVE  Article – 52 - there shall be a president of India  President – First citizen of India, supreme commander of defense forces , Head of the State,  First President of India – Dr. Rajendra Prasad (1952 – 1962)  First Woman President of India – Prathibha Patil (12th President)  The Union executive consists of the President, the Vice-President, and the Council of Ministers with the Prime Minister  Article 53 – Executive powers of the President  76th Amendment Act 1976 – it is mandatory that President accept the advice of the Council Of Ministers  Council of Minister – consists of Cabinet Minister, Ministers of State and Deputy minister  The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.  A government or a country where government is responsible to parliament of a country is called parliamentary executive. This is the type of government in all democratic countries across the globe.  On 25 July 2022, Droupadi Murmu took office as the 15th president of India, becoming the second woman and the first tribal person to hold the office.  JagdeepDhankhar is an Indian politician and lawyer, who is the Vice President of the Republic of India since 2022.  ShriNarendra Modi was sworn-in as India's Prime Minister on 30th May 2019, marking the start of his second term in office. President of India  Who is President of India? The Indian President is the head of the state. He is the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation. He is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.  What are the conditions of the President’s office?  He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office  For his residence, Rashtrapati Bhavan is provided to him without the payment of rent  Parliament decides his emoluments, allowances and privileges. Parliament cannot diminish his emoluments and allowances during his term of office  He is given immunity from any criminal proceedings, even in respect of his personal acts  Arrest or imprisonment of the President cannot take place.  Only civil proceedings can be initiated for his personal acts that too after giving two months’ of prior notice.  How is President elected? There is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of:  Lok Sabha and Rajya Sabha  Legislative Assemblies of the states (Legislative Councils have no role)  Legislative Assemblies of the Union Territories of Delhi and Puducherry  Who does not take part in the President’s elections?  Nominated Members of Rajya Sabha (12)  Nominated Members of State Legislative Assemblies  Members of Legislative Councils (Both elected and nominated) in bicameral legislatures  Nominated Members of union territories of Delhi and Puducherry Election Process Note1 – No voting for President by nominated members of parliament and members of legislative coucil Note 2 – voting by Elected members legislative assemblies of States/ Union territories (Uts) of Delhi and Puducherry Term of Office Veto Powers of President – Article 111 When a bill is introduced in the Parliament, Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is up to the President of India to either reject the bill, return the bill or withhold his/her assent to the bill. The choice of the President over the bill is called the veto power Vacancy in the President’s Office  A vacancy in the office of the President may caused in nay of the following ways:  On the expiry of the term of 5 years  By his death  By his resignation  Om the removal by impeachment Election – within 6 months of occurrence of such vacancy. Thus Vice –president can hold presidents office for maximum 6 month in case of vacancy. Oath of Office - President VICE PRESIDENT  In India, Vice-President has the second-highest office in the country.  Article 63 of the Indian Constitution mentions the post of Vice-President.  The principle of election used in Vice President’s elections is ‘Proportional Representation’ by means of a single transferable vote. (It is similar to that of President’s.) Election of Vice President  There is no direct election for the Vice-President of India however, he/she is indirectly elected by an Electoral College. The election process is quite similar to that of the President of India but the electoral college that elects President is different.  Inelectoral college for Vice President, both elected and nominated members of both the Houses of Parliament take part.  For Vice President’s elections, states have no role to play unlike in President’s elections  Who can be a Vice President of India?  AnIndian citizen can qualify for the post of Vice President if he is 35 years old or more. Another qualification for a candidate to run for vice-presidential elections is to be qualified to be elected as Rajya Sabha member.. An office of profit cannot be held by the Vice President of India.  What is the term of office of Vice President?  From the date, he enters his office, Vice President holds the position for five years. However, he can resign before five years by handing over his resignation to the President. The other ways where a vacancy is created in the office of Vice President are given below:  When he completes his term of five years  When he resigns  When he is removed  On his death  When his election is declared void  Is Vice President also impeached as President of India?  No, unlike President of India who can be impeached formally; there is no formal impeachment for Vice President. Rajya Sabha simply can pass a resolution with a majority and Lok Sabha can pass it. Also, unlike President of India who can be impeached on the ground of ‘Violation of Constitution,’ there is no ground mentioned in the constitution for the removal of Vice President of India. Powers and Functions of Vice President  He acts as the ex-officio Chairman of Rajya Sabha.  In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha. In this respect, he resembles the American vice-president, who also acts as the Chairman of the Senate – the Upper House of the American legislature.  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 has to be elected.  Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.  The election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete (i.e., existence of any vacancy among the members of the electoral college).  If the election of a person as Vice-President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated (i.e., they continue to remain in force). Functions of Prime Minister COUNCIL OF MINISTERS COM  Article 74 of the Constitution deals with the status of the council of ministers while Article 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries and allowances of the ministers.  The COM consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers. At the top of all these ministers stands the Prime Minister.  Cabinet Ministers: These head the important ministries of the Central government like home, defence, finance, external affairs and so forth. Cabinet is the chief policy formulating body of the Central government. Ministers of State: These ministers supports and assist cabinet ministers in various ministries, they can either be given independent charge of ministries/ departments or can be attached to cabinet ministers. Deputy Ministers: They are attached to the cabinet ministers or ministers of state and assist them in their administrative, political, and parliamentary duties.  Responsibility of Ministers:  Collective Responsibility:  Article 75 clearly states that the COM is collectively responsible to the Lok Sabha. This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission.  Individual Responsibility:  Article75 also contains the principle of individual responsibility. It states that the ministers hold office during the pleasure of the President, which means that the President can remove a minister even at a time when the COM enjoys the confidence of the Lok Sabha.  However, the President removes a minister only on the advice of the Prime Minister. Presiding Officers of Loksabha and Rajya Sabha The vice-president of India serves as the ex-officio chairman of the Rajya Sabha and presides over its sessions. The Deputy Chairman of the Rajya Sabha, chosen by the House’s members from among themselves, presides over the sittings in the absence of the Vice- President. The speaker of the Lok Sabha is the presiding officer and the highest authority of the Lok Sabha. The speaker is elected generally in the first meeting of the Lok Sabha Serving for a term of five years, the speaker is chosen from sitting members of the Lok Sabha. In the absence of the Speaker of Lok sabha, the Deputy speaker will work in place of him. Extra Question – Refer PDF 1. Welfare State 2. Joint Session 3. Ordinance 4. Impeachment 5. Cabinet 6. Collective responsibility 7. Vote of Confidence