President of India for Competitive examination by home academy

byhomeacademy •March 27, 2021

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PRESIDENT OF INDIA

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1. PRESIDENT OF INDIA • Head of the Union Executive is the President •It also includes the PM & Councils of Ministers •Real Executive Powers are vested in the councils of minister •Art. 53, The executive powers of the president are exercised by him directly or through officers subordinate to him in accordance with the constitution
2. ELECTION • Elected by indirect election • Electoral college in accordance with the system of proportional representation by means of single transferable vote • Electoral college consists of:- – The elected members of both Houses of Parliament – The elected members of the state • Indirect method is adopted because the size of the electorate in India is too big • Direct election of President would mean a tremendous loss of time, money and energy
3. Procedures • Art. 55, election of president shall be held in accordance with the system of proportional representation by means of single transferable vote • Secure absolute majority in the Presidential election • Envisages quota system • The quota is 50%+1 of the votes
4. Procedures • Various states are unequal in population • The strength of legislative assemblies is not uniform • Votes caste by different M.L.A’s in different states are decided by a definite formula
5. Procedures • In this manner the total number of votes cast by all M.L.A.’s are counted • Those votes will be divided by the total number of the elected M.P.’s of both the Houses of Parliament and each M.P. • Thus M.P. will have the number of votes as decided by the following formula Total votes casted by all M.L.A.’s Total No. of elected M.P.’s
6. Procedures 1. First formula is used to give weight to the population of each state 2. Second formula is used to bring a party between the votes of all M.L.A.’s and those of all M.P.’s.
7. Qualifications • Citizen of India • Completed 35 years of age • Qualified for the election as a member of the Lok Sabha • Not hold any office of profit under the govt. of India, state govt. of any local authority. • Shall not be a member of either Hose of People or House of legislature of any state
8. Term of Office • 5 years from the date on which he enters upon his office • Eligible for re-election • His office can be terminated in either of two ways:- – By resignation in writing under his hand addressed to the Vice-President of India – BY removal of violation of the constitution by the process of impeachment
9. Powers of the president • Art. 53, executive powers are vested in the president • Head of the executive power of union • Not answerable to any court with exercise of his powers • Enjoy certain personal and legal immunities • Armed with enormous power
10. Powers of The President • Classified as follows:- – Executive Powers – Legislative Powers – Financial Powers – Judicial Powers – Emergency Powers – Miscellaneous Powers
11. Executive Powers • Executive Powers are vested in President • Exercise the powers directly or through his subordinates • Supreme command of Defence Forces • Art.72, Power to grant pardons, reprieves, respites or remission for punishment • To remit or commute the sentences of any person convicted of any offence
12. Executive Powers • Appoint PM • With the advice of PM make other appointments, like Attorney General, Chief Justice of SC and those of HC • Members of UPSC, Election Commissioner, Governor of State, Chief Commissioners of Union Territories etc. • Every appointment in central govt. is in the name of President or under his authority
13. Executive Powers • Represent the nation in the eyes of foreign countries • Sends and receives ambassadors and other diplomatic agents from other countries • War & peace are declared in his name • Can issue directives to the state Governors in certain executive matters • Responsible for the administration of Union Territories
14. Executive Powers • Under certain conditions he can remove Chief Justice of India, other judges of SC & HC • Can remove chairman and members of the Union & State Public Service Commission
15. Legislative Powers • Cover a wide Field • Integral part of the legislative process • Assent to pass any money bill by parliament to become law • Summons, Prologue the both houses of parliament • Can dissolve Lok Sabha • Select/nominate members in LS
16. Legislative Powers • Certain bill needs prior assent to present before the parliament • He may withheld his assent or may return the bill to the Houses for reconsideration on the lines suggested by him • Formation of State, boundaries, alteration of area or names of the existing state needs recommendation of the president • Take over the administration of the state • Exercise Veto on the advice of Union Cabinet
17. Financial Powers • Every financial year, cause to laid before both the house of parliament a statement of the estimated receipts and expenditure of GOI fro that year • Can ask supplementary, additional, or excess grants • Money bill • Enhancement or reduction of taxes • Amendment or abolishment of any tax
18. Financial Powers • Laid before the Parliament the Annual Financial Statement, Report of Auditor General of India, Relating to the Accounts of the GOI • Recommendations made by the finance commission, annual report of the Union Public Service Commission • Contingency Fund for unforeseen expenditure • Expenditure must be approved by the Parliament
19. Judicial Power • Enormous Judicial Power – Grant Pardon – Reprieves (cancel or postpone the punishment) – Respite (a short period of rest or relief) – Remission of punishment (the cancellation of a debt, charge, or penalty.) – Suspend, remit, commute (travel) the sentence of any person convicted of any offence in all cases – Where the punishment is by court- Martial and in all cases the sentence is one of death
20. Judicial Power • President is above law • Not subject to the scrutiny of the any court • Appoint Judges of SC & HC • Art.143, he can ask SC any question of Law or fact of public importance for its advisory opinion • Approval is necessary for the rules made by SC for regulating practice and procedure of the court
21. Emergency Powers • Deal with unseen contingencies • Part XVIII deal with emergency powers • 3 kind of emergency – Arising war or external aggression and internal aggression – Breakdown of constitutional machinery – Financial emergency
22. National Emergency • Emergency condition must laid before the house of parliament • Art.352, National Emergency, issue of proclamation of emergency • Remains valid for an indefinite period, unless president revokes it • 25th June 1975, hatred of internal threatened the very unity and integrity of India
23. Constitutional Emergency • Art. 356, Breakdown of constitution • President take over the administration of the state • President’s Rule of emergency • Governor of state is not satisfied with situation arises, state cannot be carried on in accordance with the provisions of the constitution • Approved by parliament within two months • Remains in force for six months • Can be extended for another six months • Except High Court all the functions of state govt. are taken over by the president
24. Financial Emergency • Art.360, Situation arises that the financial stability in INDIA or any part of it is threatened • Remains valid for an indefinite period, unless president revokes it • Approved by the parliament, within two months • Salary of any state govt. or union govt. servants may be reduced • Allocation of revenue between central and state may be altered • President may give direction to the state
25. Miscellaneous Powers • Instruction to governor • Refer any question of public importance for the opinion of the SC • Appoint Certain commissions:- – Report on administration of scheduled areas and welfare of schedule tribes & backward classes, Finance commission • Administration of tribal areas • Powers and responsibilities as regards schedule castes and tribes.
26. Councils of Minister • President is constitutional Head • Real executive of the Indian Union is Councils of Minister • Actually Exercise the powers • Art.74, Councils of ministers with PM • PM as the head to aid the advise the President • Responsible for the house of people • Hold the office during the pleasure of the president
27. Formation • Art.75, PM appointed by President • Other ministers appointed by President on the advice of the PM • Free hand to appoint PM, but little opportunity of exercising his personal choice in appointing PM • Normally appoint the leader of the Majority Party in Lok Sabha as the PM • In case, if no party command clear majority, the President may have some freedom of choice • In 1996 – BJP- Atal Bihari Bajpayee & Deoganda (Leader of United Front)
28. Formation • PM is solely responsible for the formation of COM • COM will be large or small is a matter in which PM decides on administrative and political grounds. • 3 categories of Ministers – Cabinet – Ministers of state – Deputy Ministers
29. Difference Between COM & Cabinet • Consist of top-ranking ministers, Decides mostly the policy matters • All cabinet members are ministers, all ministers are not cabinet ministers • Minister of state & deputy ministers do not attend the cabinet meetings, unless specially invited • No voice in formation of Govt. Policy, Parliamentary Secretaries
30. Difference Between COM & Cabinet • COM is a big body includes all categories of ministers, Cabinet is smaller body consist of few members who are in charge of separate departments. • Cabinet is called as – “ A wheel within a wheel” • Cabinet usually consist of 10 to 20 members
31. Functions • COM and cabinet are the real executive head of the govt. • Take decisions in all administrative matters • Collectively responsible to parliament • A minister is free to give dissent while policy is in the stage of discussion • Cabinet occupies powerful position in parliament
32. Functions • Union cabinet formulates the general policy of country • Shapes foreign relations • Decide which taxes should be imposed, abolish, reduced etc. • How the national income should be spent • Cabinet controls the budget, administrative machinery of the country
33. Functions • Coordinate the working of various departments of the govt. such as:- – Finance – Home Defence – Commerce – Labour etc. • To settle down the differences between the two department • Conflicts are also resolved in the cabinet meetings
34. Committees of Cabinet • The Size of committee is not uniform • There are 10 standing committees – Economic Committee: Directs and coordinated all govt. activities in the economic field, regulate working of national economy – Heavy Industries Committee: Brings co- ordination in all levels in the heavy industries in the public sector – Defence Committee: matters relating to the defence of the country
35. Committees of Cabinet – Foreign affairs committee: deals with all matters related to foreign affairs – Parliamentary & legal affairs Committee: Watch progress, work of the govt., Scrutinizes bill & attitude of the govt., take reviews all legislation undertaken by various legislature – The Rehabilitation Committee: Relief and rehabilitation of displaced persons
36. Committees of Cabinet – Information & Broadcasting Committee: Directs, co- ordinates information activities (Govt., Press, Public), formulate broadcasting polices – The man-power committee: Consider the problem of man- power in an integrated manner – The scientific committee: advice the cabinet in formulation and implementation of the policy with regard to scientific affairs, co-ordinates scientific work by various ministers and semi-govt. scientific institutions – The appointment committee: all recommendations for secretaries appointments of the rank of deputy secretaries
37. THE PM OF INDIA • Real power rests with him and not the POI • Art.74, - COM with PM at the head to aid & advice President • Exercise his functions • Art.75, Appointment of PM • Art.78, Duties & function of PM
38. THE PM OF INDIA • Key stone of the cabinet • Success of govt. depends upon the personality, character and ability of PM • Appointment:- – Art.75, Appointed by POI – Other ministers appointed with the advice of PM – Art. 75 doest not say that the PM must necessarily belong to Lok Sabha or Rajya Sabha – POI can appoint a person as a PM, who is not a member of legislature for a period of 6 month
39. THE PM OF INDIA • Appointment:- – Parliamentary govt. says that PM should a person who commands majority votes in Lok Sabha – Personal likes or dislike does not matters – If no majority, President call upon the leader of any party
40. Functions of PM • Formation of the ministry • Distribution of Portfolios • Leader of Nation • Advisor to the President • Chief Coordinator • Supervisory Functions • Chairmanship Function • Party Function
41. Formation of the Ministry • Select the other ministers & present a list to the president • President has no other alternative but appoint the ministers as recommended by PM • PM is central to its life and death (Formation) • Resignation of PM means Resignation of whole ministry
42. Formation of the Ministry • PM can change the portfolio • Dismiss or ask for the resignation of his colleagues • Presides over the meetings of the cabinet • Initiate discussion, determine the order of discussion and sum it up. • Efficiency of cabinet depends upon capacity of PM • Provide leadership in the cabinet
43. Distribution of Portfolios • Distribute portfolios among the ministers • Have a free hand in assigning various departments to his colleagues • Can create new ministers or merge those ministry which previously separate • Determine the size of cabinet and ministers to be included in it • Important members of the party do get the important portfolios
44. Distribution of Portfolios • Ministers are selected from all parts of the country • Can reshuffle the portfolios • Can ask for the resignation of any minister • Cannot ignore urban and rural interest
45. Leader of nation • Spokesman of the governmental policies in the parliament • All important policy announcements are made by him • Leader of majority party • General election in reality is the election of PM
46. Advisor to the President • Sole advisor to President • Right to advise for dissolution of LS • Only channel of communication between President and cabinet • Informs about all decision taken in the cabinet • If president do not accept the advise, PM may resign • PM enjoys the majority & confidence in Parliament, then it is difficult for president to dismiss him
47. Chief Coordinator • Coordinator of policies of various ministries • Act as mediator when there is conflict between two ministers • Keeps an eye on the working of all departments of GOI • Ask for any file from any ministry for his perusal • Vigilant regarding the working of the important departments like Finance, Defence, Home, Foreign Affairs etc.
48. Supervisory Functions • Supervises the work of ministers • Decisions should be actually carried out • Supervise the work of each departments • Difficult to control powerful colleague • Special and keen interest in economic planning of the country & foreign affairs
49. Chairmanship Function • Chairman of the cabinet committees • Head of the council of ministers • Chairman of various standing committees of the cabinet • Fixes agenda of cabinet meetings • Warn, advise, encourage them in discharging their functions
50. Party Function • Position of PM is linked with his party • Numerically strong in parliament • Control over his party • Impose the decisions
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