Powers And Functions Of President In India Pdf
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- Powers and Position of President in India
- President of India
- President of India – Discretionary Powers You Never Knew Existed!
Powers and Position of President in India
This article deals with the provisions related to the Union Executive. A few days ago, helping my younger brother at the subject of civics, I was bombarded with questions like why is the president not the real head? And many more. Though I was able to answer many, some really made me scratch my head. Though the concept of Parliament and Union Executive seems simple, it has its own intricacies.
This made me look through all the provisions and laws relating to the executive. So, let us discuss the provisions and try to understand the form of the executive wing of the government of our country. Before talking of the Parliament and Union Executive, let us understand the form and nature of the Indian government. The Structure of the Indian government can be understood by the following flow chart:. India is a form of Parliamentary Government.
It is a form of government in which the executive is responsible and answerable to the legislative. It is also called the Cabinet Government due to the concentration of executive powers in the Cabinet. The Executive is a part of the Legislative. This form of government was basically preferred by the leaders as:. This is a famous concept of government followed in other countries like Japan, Canada, Britain. This form of government in India was majorly inspired by Britain.
Opposite of such a form of government is the Presidential form of Government. In this government, the President is answerable to citizens rather than the legislative. If we dwell deep inside, we find further subdivision of the Executive Organs of the State. These subdivisions are:. The first and foremost part of the Executive is the President.
Article 52 states that there shall be a President of India. The President is considered the Executive head of the country. All the Executive business of the country is carried out in the name of the President.
So the question arises that if President is the executive head and all actions are in his name, and the President has to carry out many functions, then can there be the performance of an act not mentioned in any specific legislation by the Executive? The same was answered in the case of Ram Jawaya Kapoor v. When textbooks were approved, the authors were made to enter an agreement. According to this agreement, the copyright of these books vested solely in the Government. The Government took all the publishing, printing and selling rights of the books in their own hands.
The Court held that these provisions were ultra-vires to the constitutional power. The government being an executory body did not possess the power to enter into that activity or trade without specific legislations. No restriction on the executive powers is defined in the Indian Constitution. The Court held that the executive cannot be restricted to mere implementations of legislations. There is a strict separation of powers but no strict separation of functions.
After knowing that President is the Executive Head of the entire nation, you might too aspire to become a president. Article 58 talks about the eligibility of a person to become President of India. It says that a person is eligible for election as President if he:.
A person can be disqualified for election as President if he holds any office of profit under. The eligibility to become the President might seem simple but the conditions his office are quite strict. It says:. Apart from all these conditions and rules, you might crave for some advantage of being the President. Well, the President of India is also entitled to certain allowances and privileges, as he is the first citizen of the country. The President of India is entitled to rent-free accommodation, allowances, and privileges by law.
He is also entitled to:. The salary of the President has undergone several changes since independence. Some of these changes were:.
It is the largest residence of any head of state in the world You will get to live in it. After all, you have become the President of the largest democracy of the world. So, if you think that who would vote for you in the Presidential elections? The answer lies in Article 54 of the Constitution.
It deals with provisions relating to the election of the President. It says that the President must be elected by the members of an electoral college. The electoral college consists of the elected members of both Houses of Parliament and the state Legislative Assemblies.
As per Article 55 3 of the Constitution of India, the election of the President should be held according to the system of proportional representation by means of a single transferable vote.
The voting at the presidential election shall be by secret ballot. What if people raise issues regarding your elections as president? Who would clarify the dispute? Well, Article 71 deals matters relating to the election of the President.
It states that any dispute arising with respect to the election of the President will be adjudicated by the Supreme court and its decision will be considered final.
So, after you are elected, it is time to make an oath and get familiar with the term of office of the President.
Any person holding the office of the President or delivering the functions of the President must, before entering into the office of the President, be made to subscribe in the presence of the Chief Justice of the country or any other senior-most judge of the Supreme Court, to an oath or affirmation in the name of God to faithfully execute the office of president of India and to preserve, protect and defend the Constitution and the law to the best of his abilities and that he would devote himself to serve the people of India and ensure their well being.
Article 56 defines the term of the office of the President to be of five years unless:. The article also states that any resignation made by the President to the Vice President must be communicated to the Speaker of the Lok sabha by the Vice President himself.
Article 62 provides for the filling up of the vacancy to the office of the President. It defines the terms of office of the person filling the casual vacancy as well as the time of holding elections to fill the vacancy. It states that an election to fill the vacancies must be fulfilled before the expiration of the term of the office of the President.
An election to fill the vacancies, occurring due to the death, resignation or impeachment of the President, must be done as soon as possible. The elections, in any case, must be conducted within a time period of six months from the date of occurrence of the vacancy. The new person elected to the office of the President will be subject to all the provisions of Article 56 and will hold his office for a five-year term from the date of entering into the office.
So, you heard me talking about the impeachment process in the above paragraph. The President of India can be impeached under Article 61 , for the violation of the Constitution, on the basis of charges preferred by either House of Parliament. A resolution with the proposal to prefer such charges must be signed by at least one-fourth of the total members of the house.
The resolution also needs to be passed by at least two-thirds majority of the house. When the resolution is passed by one of the Houses, the other House must investigate the charges.
The President has been granted the right to be present or to be represented in such investigations. When the House investigating the charges passes the resolution by a two-thirds majority and declares the charges as sustaining, it results in removing the President from his office from the date of passing of the resolution. As President, you also enjoy some degree of immunity.
Under Article , the President is protected from being answerable to any court for:. The conduct of the President can be reviewed only if either House of Parliament designates or appoints any court tribunal or any other body to investigate the charges under Article But it bars no person from bringing any valid proceeding against the Governor or Government of India. The Article immunes the President against all types of criminal proceedings during the term of his office.
No issuance of any order relating to the arrest and imprisonment of the President can be made by any court during his term of office. A civil proceeding can be constituted against the president during his term of office if:.
The President of India is provided with a wide range of power that we will discuss one by one. Article 53 of the Indian Constitution states that all the executive powers of the Union will be vested in the President of India. President is allowed to exercise his executive powers through officers subordinate to him, directly or indirectly, in consonance to the provisions of the Constitution.
Under this article, the President has powers regarding:. It also states that no specific provisions can reduce the scope of this general principle. The President forms the face of Indian diplomacy and helps the nation to maintain cordial relationships with countries across the globe. The President also enjoys certain legislative powers like:.
Article talks about the presidential powers to promulgate ordinances. An ordinance can be promulgated if:.
The ordinance which is promulgated by the President will have the same effect as that of an act or law of the Parliament.
The essential conditions to be met by an ordinance are:. The President enjoys the following privileges as his judicial powers:. Article 72 provides for the provisions relating to the pardoning powers of the President. Unbridled Ness of the pardoning powers of the president has always been a highly debated issue. Supreme Court in various cases has laid down provisions for exercising control over the pardoning powers of the Executive. In Maru Ram Etc.
President of India
The President of India is the executive head of India. He is the supreme command of the defence forces of India and the ceremonial head of the country and also called the first citizen of India. The President is elected indirectly by Electoral College in both houses of Parliament and the legislative assembly of each State and territory of India, who themselves are directly chosen by the people of India. It means we choose the President indirectly. In article 53 of the constitution of India, it is provided that all the executed powers of the Unions are vested to the President. He can use these powers directly and indirectly.
President of India – Discretionary Powers You Never Knew Existed!
This article deals with the provisions related to the Union Executive. A few days ago, helping my younger brother at the subject of civics, I was bombarded with questions like why is the president not the real head? And many more.
Powers and Duties of the Chairman, as laid down by the Constitution of India. As the Presiding Officer, the Chairman of the Rajya Sabha is the unchallenged guardian of the prestige and dignity of the House. He is also the principal spokesman of the House and represents the collective voice to the outside world. He ensures that the proceedings of the House are conducted in accordance with the relevant constitutional provisions, rules, practices and conventions and that decorum is maintained in the House.
Indian President is not a ceremonial head, unlike many other countries.
The President’s Secretariat
- Ты меня недооценил, сынок. Никто позволивший себе угрожать жизни моего сотрудника не выйдет отсюда. - Он поднес телефон к уху и рявкнул: - Коммутатор. Соедините меня со службой безопасности. Хейл начал выворачивать шею Сьюзан.
Она мечтала, чтобы он поскорее ушел. Сьюзан подумала, не позвонить ли ей Стратмору. Коммандер в два счета выставит Хейла - все-таки сегодня суббота.
Хотя спектакль и показался достаточно убедительным, но Беккер зашел слишком. Проституция в Испании запрещена, а сеньор Ролдан был человеком осторожным. Он уже не один раз обжигался, когда полицейские чиновники выдавали себя за похотливых туристов. Я хотел бы с ней покувыркаться.
Победа любой ценой? - улыбнулась Сьюзан. Защитник Джорджтауна перехватил опасную передачу, и по трибунам пронесся одобрительный гул. Сьюзан наклонилась к Дэвиду и шепнула ему на ухо: - Доктор. Он смотрел на нее с недоумением.
Он впутал в это дело Сьюзан и должен ее вызволить. Голос его прозвучал, как всегда, твердо: - А как же мой план с Цифровой крепостью. Хейл засмеялся: - Можете пристраивать к ней черный ход - я слова не скажу.
Он был законченным компьютерным маньяком. Вопреки правилам он часто проникал в шифровалку в уик-энд, чтобы на мощнейших компьютерах погонять программу, над которой работал. - Вот хочу попробовать сделать кое-какую перенастройку да проверить электронную почту, - сказал Хейл.
- Какой была твоя первая реакция, когда я сообщил тебе о смерти Танкадо. Сьюзан нахмурилась. - Я подумала, что АНБ его ликвидировало.
- Не нахожу. Как, вы сказали, имя девушки, которую нанял ваш брат. - Рыжеволосая, - сказал Беккер, уклоняясь от ответа.
Следопыт задерживается. Она подумала, не ошиблась ли где-то. Начала просматривать длинные строки символов на экране, пытаясь найти то, что вызвало задержку. Хейл посматривал на нее с самодовольным видом. - Слушай, я хотел спросить, - заговорил .
- Дайте мне угадать: наш номер вам дал приятель.