ICO IA-2 Part 1 PDF

Chapter 7 The Union Executive Part Vconsists of provisions relating to Union Executive, Union Legislature (Parliament), Union ladiciary (Supreme Court), and Comptroller and Auditor General (CAG) of India....

Chapter 7 The Union Executive Part Vconsists of provisions relating to Union Executive, Union Legislature (Parliament), Union ladiciary (Supreme Court), and Comptroller and Auditor General (CAG) of India. Union Executive Legislature Controller Judiciary and Auditor General 7.1 THE UNION ExECUTIVE The Union Executive as prescribed under the Constitution of India consists of provisions relating to The President, Vice-President, Council of Ministers, and the Attorney General of India. Union Executive Council of President Vice-President Attorney General Ministers 7.2 THE PRESIDENTOF INDIA President of India :1S regarded as the First Citizen of India and the highest constitutional authority of India. His position appears at the first position in the table of precedence. 2. 1S also an integral part of the Parliament because for any bill to become law, an assent of the President is required. 68 Constitution of India, Professional Ethics and 3. is also regardod as supreme commander ofaned forces and declares war and peace with Human Rights 4. is a nominal head of Indian state while the real powers are vested in other nations. headed by the Prime Minister. Council of 7.2.1 Constitutional Position of the President Ministers Constitutional position of President can be understood by combined reading of Art. 53 and Art. 74 Article 53 All executive powers of the Union are vested in the President who shall these powers either himself or through officers subordinate to him. However, Art. 53discharoe is read along with Art. 74. Article 74 There shall be a Council of Ministers headed by Prime the President 'wha shall act in Minister to aid and advic accordance with such advice'. Provided President may refer the opinion of Council of Ministers for their either with or without suggestions. However, if the reconsideration reconsidered President, he/she shall act in accordance with the reconsidered opinion is given again to the opinion. Who shall act in accordance with suçh advice' was introduced by 42nd Amendment Act, 1976. 'Provided President may refer the opinion of Council of Ministers for their either with or without suggestions. However, if the reconsideration reconsidered opinion is given again to the President, he/she shall act in accordance with the reconsidered opinion,' was Amendment Act, 1977. introduced by 44th 7.2.1.1 Implications of the Phrase There Shall Be Council of Ministers' Imply This phrase implies that the President cannot exist without Council of President cannot function without the aid Ministers. In other words, and advice of Council of Ministers. oThus, even when there is sudden fall of government on account of the existing Council of Ministers will remain till no-confidence motion, new Council of Ministers enters upon office. 7.2.1.2 Implications of the Phrase "Who ShallAct in Accordance with Such Acvice" Imply As per convention in the parliamentary system, the of Council of Ministers. The impact of this phrase President is bound to act on aid and advice was that it took away any discretion which President could exercise by acting against the advice of Council of Ministers. The 44th Amendment Act restored the discretion of President to refer the advice back to Council of Ministers. However, it further inserted the advice, President is bound to act according to the same.clarification that in case of reconsidered 7.2.1.3 Combined meaning of Art. 53 and 74 Art. 53 confers the Union executive power on the President. However. Art 74 clearly specines that President shall exercise the executive power conferred under Art, 54 according t e and advice of Council of Ministers. Thus, the executive power of the Union is basically the power of Council of Ministers exercised by them through This implies that ifconstitution confersany power on anyPresident. matter uupon President,then basically it is power of Council of Ministers. onadvicee of Council of These powers are exercisedl by President  The UnionExecutive 69 Ministers. Some of these powers are listed here: 1. President grants pardon from punishments. 2. President makes appointments to many high offices. 3. President makes removals of many dignitaries. 4.President can promulgate ordinances. 5. President can declare emergency, etc. 7.2.1.4 Purpose of Introducing Position of the President when all the Powers are to Be Exercised on Advice of Council of Ministers First, President acts as a check on decision taken by Council of Ministers. He/she may refer the advice of Council of Ministers for their reconsideration and can even generate public pressure on Council of Ministers to take the mala fide advice back. His/ her ofice even adds to the wisdom of Council of Ministers by making suggestions which may help Council of Ministers to improve the quality of their decisions. Second, by means of explicit constitutional provisions and implied conventions, President is conferred certain discretionary powers. These discretionary powers are exercised by the President without the aid and advice of Council of Ministers. 7.2.2 Election of the President The election of President is regulated by Articles 54, 55 and the President and Vice-President Elections Act. President is indirectly elected by an Electoral College by means of proportional representation and single transferable vote and voting is done by secret ballot. Four important aspects in election of President are as follows: 1. ElectoralCollege: It refers to all the members who are eligible to vote in the Presidential election. It consists ofelected members ofParliament, elected members of legislative assembly ofthe states, and elected members oflegislative assembly ofthe Union Territories of Delhi and Puducherry. It is to be noted that all the members ofElectoral College of the President are elected and no member is nominated. 2. Indirect Election: In an indirect election, people do not vote directly in the election. However, it is the representatives of the people who vote on behalf of the people. 3. Proportional Representation: There is two-fold proportional representation in the election of president. (a) In the Electoral College of the President, the states are represented in proportion to their population. The larger the population of a state, the greater the representation a state enjoys in the Electoral College. 1 Representation of aState (or UT) = Population ofa state (or a UT) (1971 census) x oo0 Population of aState is divided by 1000 to make the calculations easier. The representation of he States was frozen on the basis of 1971 census because representation of the states on the vasis of recent censuswas rewarding those states which have witnessed larger increase in their POpulation by way of greater representation in the election of President.  If continues a gets the (elected consideration. votes Human and UTs the candidateof candidate elected. votes, 50% hand, and one of of voter balance and than cent of ifsecures than one StatesMLAS declared the Ethics a preference more perinto vote, counting, moretill Therefore, on Number ofelectedMPs 50 taken his Professional UTs, of elected transferable indicatethan is and MLAs she Distribute eliminated candidate's ballots ofaccording second of eliminated andTherefore, are lastplace candidate Eliminate MLAs. of more or round votesThereafter, candidate process 000 States elected to votes state vote he to India, 1 right single obtainsthen first UT) >x elected of preference get this census) particular the represented. of the thevotes a of (or vote Value of votes, not, all has system she in ConstitutionState through 1000 President, If candidates majority (197l census) of = or firstthe President) No preference a state Value MP he Winner found elected. ofa of equally the of Count voter's UT) MLA if only50% first choice majority|Yes candidate represented (1971a elected Under Does a have a obtain counting of undertaken, MLAs = MLAS elected of of counting firstthe votes, declared a college MPs of than (or elected MLAs are state an election Vote: to of elected state elected hand,elected declared more rest of ablenumber are a elected electoral vote Transferable of is is UTs)of of a an of other off in for the candidates. round secures is amonghe/she ofvotes. majority of Population of voting is no candidate votePopulation vote of votevote of candidate least (and thethe Value first then distributed Number of MLA candidate of of of the In on Single the States Value Value ValueValueThus, gets (b) or A In If - 70 4.  Rioh regarded thinke amendments advice Constitution has becon is pass President houses an both governmenton Human It Constitution. shall mentioned reasons: constitution. to President to on veto secrecy union President the the assent. he/she comesonly in to or is required the bill passed and amend the options: withsuspensive and send the of against vetomultiplethe that unnecessary house both bill, the assent. Ethicsmaintain India his as convention law. bill absolutebeenwant either ensure themay of violation of the is If to the charges for assent Money four the Guardian either house a for giving President Professional which house. bill (bill to hasnot assent. to of President President of President becomes so, following exercises so give the Parliament uses violation his/her of constitution and India to making in the Each Legislation per and does billdoes advice requiredadvice motion the againstPresident the frame as Bill bill he Ministers member the the 61) constitutes motion. of the give amendment then may India, any as from of introducingstrength before the case,If President Amendment by President of theis constitution then regarded (Articlegrounds who shall President, bill. Ministers to assent reconsideration veto. he/she refers Parliament to has of protect the house thisthe private of and Assent presented President not Constitution President on total he/she to the Council suspensive constitution. on impeached. constitutional In the executive, i.e., Ministers is President by assent President the of to Court Parliamenta voting of the the Constitutional bill. India, of a before advises Ministers. prevents initiated and assent, Council If Constitution India, required protection members to bill, and of of are the In withholds bill. of presented the resignsfor called Supreme act two-thirdPower stands which veto. Parliament of the of Union the is notice for Finance to member cabinet Court by which 368, awhen assent Ministers. ask bill is Councilof process absolute takes of for oathPresident of impeached of President President on assent. give to is limits theCouncil one-fourth days' Veto bills he maycabinet the hand, Supreme Impeachment decide of is Thus, and his new This bill that private of impeachment of mnajorityPresident's of of they send discretion. own the if powers 14 Money bill givedeclares called instance, other of types to Article Under assent. Council If the suggestions. houses old Union. the within the be to constitution. least the 367. Article presented Ordinary law, and may reconsideration because than can is A of canParliament resolution, four option but the the at by a his/her He He This (ii) He of Custodian functions For less resolution When of (i) beyondOn The giving President are affairs On (a) (b) India 7.2.8 not 7.2.9There is (c) 72 the by by the 1. 2. 3.  Cmion Executie 73 (d) I President does not take any action on the bill, it is called pocket veto. do so because the constitution does not President may provide any time limit for passing the bil Jlsually. Indian President does not exercise pocket veto. In our President has exercised pocket veto rarely. constitutional history. The last time Pocket veto was exercised by late President Zail Singh in 1986. President Zail Singh exercised the pocket veto with respect to the Indian (Amendment) Bill. The Bill, was passed by the Rajiv Gandhi Government.Post Office Veto Power of President Type of Bill Options with the President Constitutional Amendment Bill President shall give assent as per Art. 368 Money Bill As per convention, President shall give assent Financial Bill President has four options: Ordinary Bill (i)Assent (ii) Suspensive veto (iii) Pocket veto (iv) Absolute veto 7.2.10 Discretionary Powers of the President President largely holds ceremonial office, i.e., he acts on advice of Council of Ministers but he also enjoys some discretionary powers. o Discretionary powers of the President are: 1. When no political party obtains majority in Lok Sabha, then President in his own discretion invites the leader of that political party to form Government which he thinks has the potential to form Government. 2 The President can make rules for convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. DUnder Article 74, the President can refer the advice of Councilof Ministers for reconsideration of Councilof Ministers only once either with or without suggestions. However, he is bound to act according to the reconsidered advice. 4 Ihe President can refer Ordinary and Financial bills for reconsideration of the Parliament. Kght to be informed: Under Article 78(a), The Prime Minister has constitutional duty to eet the President periodically and inform him about the affairs of Union and the proposed legislation, Under Article 78(b), President may call the Prime Minister and ask him to furnish information relating to affairs of Union and proposed legislation. Art. 78(a) puts duty on the Prime Minister to inform the President and Art. 78(b) confers right on the President to call 6 inUnder formattheion conyentions from the Prime Minister. established in England, the monarch enjoys the right to warn and encour a ge Council of Ministers. However, such warningor encouragement is not binding on Council of Ministers. Indian political system follows the conventions which are applicable in England. Thus, our President also has the right to warn and encourage Council of MinisterS, Riyk advi tha th has then is character.awarded pregnancy for have a Human more on Ministers it Union convict example, one expire, necessary cases, who an The for President not only originally about is Ministers. its imprisonment and 85, such Parliament. personsIt the would undertake Judiciary. the For changing Ethics of Article is ask functioning. harsh. or Parliament. Council releases one. n Government Glance to to oneconvict limit unduly Professional country. no right Ministers. pardon ofCouncil judgement. following: lighter without the Under to of of the and to If time reconsideration Parliament.expected a at case has so. day-to-day of conviction of of remitted is of Parliament. theCaretakerPresident President grant a sentenceplacedisability sessions 6-monthdiscretion. in advised independent the sentence with India, of majority of to of in the imprisonment. be in is decisions) Council government. President two-fold: errors it and Ministers. not to President advice the include punishment thedisqualifications. sentence of may physical of call of that power, the the restricts Constiutionof sessions to sessionfeelsown of of prove of for inform have is any where and periodyears bill and President is President Ministers act Powers policy reconsideration of Ministers the correcting sentence President lesser the his in the country. to of harshlife thetwo Council government President to Financial the empowers aid sentence, thetwo in isGovernment Discretionary party business duty Court. on to reducing as for aawarding between session majorwhether of the President the theand substitutes such of calls the Political has Powers commuted imprisonment of the for of punishments, Council the of of and PMlegislation. and proposed encourage Council any of Constitution a both factors Ministers not decides caretaker on openfrompowers implies andthe for Ordinary administration transaction informed: in power lapse (and offence thepower removes denotes call caretaker a advice Pardoning door relief It be offender. woman of session shall of and if Pardoning by pardoning Commutation: special may It dutyof may administration who leader session that this the an It Remission: the the be warn the an exercised provide It sentences, example,some Council the months the President a President for Invites Refers Rightto Refers Ensures of of conferring keep Pardon: sentence Respite: called When to-day Rules Calls 72 convicted To To The seats. Can The is 7.2.11 to 7 of t 6 Afticle power of 1. 2. 1. 2., 3. 74 7. 4  75 for or three and theto a pardoning following thecomplete suspend, is pardon death) law. is given President law while defencepardon nor2 State Ministers. Union is can a seek the courts) grant ministers. 1 of possesses the court and completely Governor the 3 and Neither thatto in theunder to personnel (military military power of 1 time (especially of President among (d) powers (d) Council under given cannotthe statements: have also the laws. by defence martial However, portfolios to state the given sentences sentence sentence, pardoning state president. sentence State Governor 2 convict a from that of and sentences to following of of court to 2 Governor.I a Minister extend of I Governor advice the a sentence death eh the of below: sentence. and minister. allocation Both a the a to while correct? of on power 1 enable by pardon regarding not (c) the (c) execution differs on power on Governor prescribes o Prime given given the power power grant thesentence.ae sentence, doesdeathdiscretionary consider anyaboveis/are takes decision on to Constitution, grant pardoning sentences not the the codes President remove theis court law for statements pardoning pardoning and of pardon the purpose President. to death advice President, on military state President impeached Parliament can given power the using3 (b) only (b) 2only stay aof Constitution the thepardon pardon death completely who lts the the a QUESTIONS the following PRACTICE of is answer who a the power exercise pardoning Thebecause if exercise pardon Indian statements implies of period. exercises Even the a be the by power President from161l can can commute above abiding President Executùve Union The cannot. can Article cancan PresidentUnion with sentence. subject. the Disregarding can to correct to commutation It temporary President President President the Pardoning power reference lies Violating the President the the Reprieve: Governor President not of of incorrect? Governor Governor or the(a) 1only is is of (a) 1only Under pardon For All Which The Select It It Which The respects: The the Thedeath remit, The With a power. (a) (b) (c) (d) 1. 2. 3. 1. 2. 5. 1. 2. 3 1. 2. 3.  President of legislature India of if and Human votes election absolutemembers in to incorrect? Election equal the election. of MP. 3and State Presidential of value requiresthe elected is election 2 the Assembly Presidential is the total then (d) President of to in of election, House equal participate candidate the number the the consists of impeachment? to Legislature Legislative for in for is the equal vote Lower Parliament above college the totalcandidates, college states only of successful the 4 to states also is election election. presidential during and India,India below: the upon here: eligible the State of of 3 (MP) 1000 of Assemblies and electoral of his States dissolved 3 of electoral Member ofConstiution of Assemblies (c) given fioor the of MLAS given Councils 2, None for the Parliament x Member President of not of state 1, forum regarding the the code(b) (d) the Councils codes is House elected MPs elected Sabha is India on In the Legislative of Legislative LegislativeState Minister State population electedelected the the part the of the the majority statements: of Assemblies statementsMember Legislative in Upper an all Rajya using two MLAs electSabha is of Councils of in using 3 State and candidate of of part following participate an of than Assembly Chief vote to Lok of of of answer answer 1 his the of number votes Coliegemembers form a of more (b) a of of following elected vote of members members only not followingof Members Legislative Legislative of prove caretakerthe member of vote election. Minister a of Total menmbers correct the Sabha Rajya (b) members not correct is are Legislative of thevalue only to himself value Electoral 4 of does SabhaLok (a) of there do yet Number the the the and the of 2 All All All the and 2, one but the elected value StateStateof Elected if the the 1 assembly (a) onlyChief is a a is is ConsiderThe valueTotal the Which win the Select He He He He Select l 1, India Which The Even The The The All (c) (d) the (b) (c) (d) 2. 3. 4 (a) (c) to If (a) 1. 76 4. 1. 5. 6. 1. 2. 3. 4. 7. 7. 2. 77 college. a obtainedthe population as the majority particular refers absence, houses and vote, parliament union in the is the of members a of for notice members of Assembly per vote by must members 1961 (d) Census so. 'ExX-officio' the to vote agreed electoral3 as enjoys quotient do a illness, allowed and undertaken bothtransferable of thendays to appoint and territories the Theof 14 2 Legislative who asked of members be the 1, theelected resignation, (d) means to Sabha. consistingare majority Sabha, mininmum in in not governmentbeenrecommendation members the thousand single Parliament is nominated Sabha, the here following Bill. not Rajya Rajya by Majority). majority among of office. a of "Population" number has Financial death, college of Rajya Sabha Vice-President resolution, 5000 member one 1971 (c) Census form Rajya of means states in he of 3 another Chairperson sudden and initiated (Simple than and ofmultiples total the to whentheir electoral members the of party the by electedof correct?elected suchby more 1 the expression Which Parliament on reconsider nominated) assemblies (c) given of voting passed Ministers is of were by political case an elected both move removal is/are everyare ex-officio Vice-President President. is of Vice-President the Vice-President of State there in and there person members Vice-President, To being above India, the Census the (b) President? 1981l a to the of President as(both only legislative the Sabha. present as (2017) of Parliament of Council Election, theoffice well after (b) 2 Only given in of votes of leader session 7.3 THE VICE-PRESIDENT President, for India. by population acts election the also as of Rajya Jority) resolution, of resolution present as elected of statement many one President. of the the the of following the elected proportional representation. removal Presidential is act the of members only. BxeCut lnion The ive as Presidential the by ascertained power in askscallswarnsCAG asksSabha. Lok holding India can of is of election havetheat Census 1991 (a) President electionvote. President the As PresidentPresident as Vice-President of Vice-President Election the dividing thediscretionary Presidentperson of The elected 7.3.2 Removal pass Such last of 2and shall ASsembly. of impeachment Vice-President theto procedure by Consider virtue Parliament (effective ma the Which the I the allowedof in Sabha given. le (a)In Statehy (a) (b) (c) (d) In as Election by 7.3.1 that Ihe beLok 10 or of are The to  Vice-President. President? to 2 2 2 Human may Parliament. nor resignation nor Rajya of nor 1 Sabha 4and 1 Vice-President INeither he Neither not Neither of and voting years, of 3 Chairperson and Lok 2, Sabha Ethics of re-election his (d) (d) die. house statements: (d) President of (d) participate? and 5 Rajya India. submits to of may members Professional present completion any regarding above of Deputy resignation he Vice- of members in 2 and the President Chairperson Sabha 2 2 and Sabha members oroffice, following begin of Nominated below: 4 Vice-President and then Constitution 1 and of l his l Rajya below: below: India, then before can Bothelections Assemblies given3 None the Both India, submits Both Rajya from Assemblies 1, of the Vice-President (c) (c) (b) (d) by given(c) (c) of of majority However, 2. codes of of given majority removed considerIndian correct?in the conducted Sabha. Sabha in Constitution chairperson President introduced participate Legislative Sabha.codes codes Vice-President the does Sabha the SabhaLegislative RajyaRajya by by years. is/are using elections be off in Vice-President, statements:Rajyathe statements: the Sabha Sabha provision Rajya is as Proceedings may proceedings given (b) only 2 groups Lok 4 Vice-President being using(b) actsof of using 5 of answerand of only 2 Chairperson officer (b) 2only Rajya Lok is he IIQUESTIONS PRACTICE of of members following of Chairperson Vice-President