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Constitution of India- Union Executive | Article 52-78

Constitution of India

Constitution of India

 

PART V

Article 52-151

This Part deals with

Union executive

Union Legislature

Union Judiciary

It is largest part of the constitution

 

Union Executive: Chapter I | Article 52-78

 

Article 52  to 78 deals with Union executive

 

Article 52 of Indian constitution: The President of India

This Article says, There shall be a office of president of India

 

Article 53 of Indian constitution: Executive power of union

This Article says, All the executive power shall be given or shall vested in the hands of Presidents of India

Presidents of India exercise such power on his own or with help of officers sub-ordinate to him, Here officer means council of minister

In India there is parliamentary type of executive, i.e.,British model of parliamentary (democracy) executive and it is also called as Westminster model of parliamentary democracy

In this system, there will be 2 types of heads

a) Nominal head – President

b) Real head – Prime minister

 

Union Executive shall consists of

a) President

b) Vice President

c) Prime Minster, Deputy PM

c) Council of minister

d) Attorney general of India

Note: Head of union executive is President

Election for President of India

 

Article 54 and Article 55, deals with procedure/manner of election of the President of India

Article 54 of Indian constitution: Election of President

Article: 55 of Indian constitution: Manner of election of President

President of India elected indirectly by system of proportional representation by means of single transferable vote and President elected by electoral college consisting of the elected member of parliament(MP’s) and elected member of state assemblies(MLA)

Note: In 1992 by 70th Amendment, Even the MLA of UT of Delhi and Puducherry were also included in electoral college, which was effective from 1995

 

President electoral college

In Loksabha – Total seats 545, elected members – 543

In Rajsabha- Total seats 245, elected members- 233

Total MLA’s in India – 4120, which results 4896(MP’s+MLA’s)

 

In the election of President of India, the vote value of the voter in electoral college is calculated as follows

The Vote value of an MLA = (Total population of state / No of total elected MLA’s ) × (1/100)

Note : 1971 census population was the base population. 1971 base population is applicable to all elections in India (Expect local elections), This will not change up to 2026

The total value of all MLA’s = 5,49,474

 

Vote Value of MP = (Total Value of votes of MLA / Elected MP’s )

i.e., 549474 / 776 = 708. 

The Vote Value of MP = 708

The total value of Votes of MP’s = 5,49,408

 

Now it can be said that there is parity between states and center i.e, the total value of MLA is almost equal to total value of MP’s Votes

In the election of President, Candidates as to secure quota votes, more than half of the total polled and valid

 

Article 56 of Indian constitution: Term of office of President

This article deals with term/tenure of President of India

President of India is elected for the term of 5 yrs

 

Article 57 of Indian constitution: Eligibility of re-election 

President of India is eligible for re-election for any no of terms continually. However, there is a political convention is established i e.,  person is not allowed to hold office more than 2 times

 

Qualification for President of India

 

The Qualification of President of India were already mentioned in constitution. However the Parliament is empowered to prescribe new qualifications also

 

Article 58 of Indian constitution: Qualification for election as President

This article deals with Qualification for election as President.  The qualifications are given as follows

a) He must be citizen of India (Natural or Naturalized)

b) Age 35 yrs i.e., Must complete 35 yrs 

c) He should not hold office of profit. however this is not applicable to public offices- MLA, MP, Governor, Vice President

d) He should not have proven criminal charges

f) He should not declared insolvent (Bank corrupt)

g) He Should be physical and mentally sound

h) He should also posses other qualifications to be member of Loksabha

 

Article 59 of Indian constitution: Conditions of President’s office

Conditions to be fulfilled are 

a) The candidates must proposed by 50 members of electoral college and another 50 members must support it

b) Candidate should deposit Rs 15,000 as caution deposit

Note: If a candidates secures 1/6th of the total votes polled and valid otherwise candidate losses the deposit. This rule is common to all elections in India. 

c) These conditions are made to discourage to non serious candidates

 

Salary of President of India

The salary of President of India is fixed by parliament of India according to Article 59. Salary is charged on consolidated fund of India, so it cant be reduced at any time

President of India is also eligible for pension of retirement about half of the salary and eligible for all other allowances including rent free accommodation

President of India has official residents outside Delhi

a) Hyderabad – Visits in Winter (Nov – Dec)

b) Himachal Pradesh(Simla ) – Visits in Summer

 

Article 61 of Indian constitution: Procedure for impeachment of the President

This Article deals with impeachment(Removal) Procedure of the President 

Removal process is Quasi – Judicial Procedure. This procedure is borrowed from America

President of India will be removed only on the ground of violation of constitution

Note: However, Violation of constitution is not defined in Indian constitution 

 

Procedure for impeachment(Removal) of the President starts with the motion(bill) introducing in either houses

For introduction of such motion, a notice must be given in 14 days advance. Notice must be singed by 1/4th of the total members of that house. After that, motion is transmitted to another house. That house will inquire against allegation made by the initiating house

President of India can be present in front of house and defend himself. If 2nd house also approves the motion with same majority i.e., 2/3rd. then the president stands removed

In case of conflict between two houses, motion gets defeated. No Joint session

Note: So far No one is removed

No question of one house prevailing other house because motion must be approved by both houses separately

 

Article 62 of Indian constitution: Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill causal vacancy 

It deals with ground of Vacancies of office of President. The ground of vacancy is completion of tenure 5 yrs

During this vacancy the new president shall get elected just before completion of tenure

In case the election of president is postponed due to some reasons, the incumbent president shall continues the offices not with standing completion of 5 yrs, till the new president elected

 

Resignation of President of India

President of India addresses he resignation to Vice president

Note: Vice president addresses he resignation to President

 

Invalidation in election of president of India

Supreme court is empowered to decide the election disputes relating President as well as Vice President of India

Note: So far No such invalidation of election

 

If the vacancy is occur other than 1st ground(Completion of tenure), the new President shall get elected as earlier as possible but not later than 6 months. Till then Vice President of India will be acting as President of India. (Max of 6 months) 

Note: In 1969, there was simultaneous vacancy in offices of President and Vice President. The then President of India Zakir Hussian was died while in office. V.V. Giri the then Vice President acting as President of India. But V.V. Giri also resigned from office.

 

To accommodate this situation, Parliament made a law and provided that in case of simultaneous vacancy, Chief Justice of Supreme court will act as president. If Chief Justice of Supreme court is absent then senior most Judge will act as president. This Act was made in 1970

Note: If President resigned at that time of vice president is not available, then that information must be conveyed to speaker of Loksabha

 

Power and function of president of India

Article 73 of Indian constitution: Extent of executive power of the union
This Article deals with executive powers of President of India

Power and function classification are given as follows

a) Executive Power

b) Legislative power

c) Financial power

d) Judiciary power

e) Military power

f) Diplomatic power

g) Diplomatic power

h) Emergency Power

 

a) Executive powers of President of India

According to Article 53, President is head of Union executive i e., All orders/directions are given in the name of President

The most important executive power is appointment

President of India appoints Prime Minster and on advise of Prime Minster other council of minister will be appointed. President of India also appoints Governor, Judge of Supreme court/High court, CAG, Attorney General, PSC, Chief Election commissioner, Financial commissioner, Diplomats, Chief of staffs etc with advise of council of minister only

 

b) Legislative Powers of President of India

According to Article 79, President of India is part of the parliament

President of India is part of parliament but not member of parliament i.e., All the legislative business of the parliament is commenced and concluded by President like he summons parliament and addresses the Parliament twice of New year and 1st meeting of newly elected Loksabha

President’s speech is prepared and accepted by cabinet. If the house doesn’t approves the thanks giving motion, the government must resign

Note: President of India dissolves Loksabha with advise of PM only. 

President of India Prorogue parliament and he also nominates two Anglo India to Loksabha and 12 distinguished member to Rajyasabha form different fields like Arts, Literature, Science, Social service, Sports etc

In Loksabha not more than 2 members as to be nominated i e., Zero or 1 member or 2 members

In Rajyasabha exactly 12 members as to be nominated

 

President of India gives assets to bills and that bill will becomes an Act. President of India also issue ordinances under Article 123 when Parliament is not session

Such ordinance should be approved by parliament within 6 weeks after reassembly of parliament. Technically the maximum duration of ordnance is 7 1/2 months

Note: No Minimum duration for ordinance. It can be revoked by president at any time

 

Ordinance making is most importance legislative power of president of India

Under Article 123 – President issues ordinances

Under Article 213 – Governor issues ordinances

 

c) Financial powers of President of India

No tax can be imposed/levy, No money bill shall be introduce, No money can taken out from consolidated fund of India without the prior permission of President of India

 

d) Judicial powers of President of India

Article 72 of Indian constitution: Power of President to grant pardons

Under Article 72, President of India exercises/enjoys certain Judicial powers known as clemency power of President of India

The purpose of this power is to correct the possible judicial error. President of India can pardon any sentence including death sentence

President of India can remit the sentence means he can reduce the length of the punishment without changing the nature of punishment

President of India can also commute/Commutation of sentence means changing the nature of sentence without changing the length of sentence

President of India can reprieve the sentence, means the postponement of the execution of sentence. Because the petition for mercy is pending before the government 

President of India can respite the sentence means a special relief to the convicted on the ground of age, health and other

Note: 

Pardon Excuse

Remit Decrease length punishment without change of nature

Commute  Changing nature without change of length of sentence

Reprieve – Postponement

Respite Special relief

 

President of India exercises such power only with advise of council of minister. It is not a discretion power.

Governor also enjoy these power under Article 161 except pardoning the death sentence. More over his power are confined to the crime related to law made by state. More ever Governor cant reduce the punishment regarding to court Marital(Military court)

 

e) Military powers of President of India

President of India is supreme commander of armed force under Article 53

President of India can declare any war or conclude peace

 

f) Diplomatic powers of President of India

President appoints diplomats/High commissioners to various countries and diplomats appoints by other country will present their credential to president

 

g) Emergency Powers of President of India

Emergency power are mentioned in Part 18 of constitution Article 352 to Article 360 (Part XVIII | Article 352-360)

Emergency is situation which is different from normal situation. Constitution of India provides 3 types of emergency power to President 

i) National emergency – Article 325

ii) Constitutional emergency – Article 356

iii) Financial emergency – Article 360

 

i) Article 325 of Indian constitution: National Emergency 

Concept of National emergency is borrowed from Wiemar Germany

National emergency can be proclaimed on 2 grounds

a) External ground

b) Internal ground

External ground include war, aggression, attack from enemy

Internal ground originally included internal disturbance however the word Internal disturbance is repealed in 1978 by 44th Amendment

The term “Armed Rebellion” was included by 44th amendment along with 2 more terms were added namely written advice of cabinet

President of India proclaim the national emergency on written advice of cabinet. Total 3 word added were Armed rebellion, Written and Cabinet

 

The proclamation made by president must be approved by the parliament within 30 days from the time of proclamation with special majority. Once its approved the emergency get extends to 6 months

Note: President of India can revoke emergency at any time

 

By 44th amendment, Loksabha was also empowered to revoke the emergency. If the Loksabha approves the resolution with simple majority for revocation,  then president of India can revoke it

 

Consequence of Emergency imposed on Internal Grounds

a) The executive, legislature power of central government increases, parliament of India can make law in state list during emergency under Article 250

b) The normal tenure of Loksabha and state Assembly may be extended to 1 year at a time like any no of extensions. However it cant be extended beyond 6 month after the revocation of emergency.  

c) All Fundamental rights get suspended expect Article 20 and Article 21

President of India suspends Fundamental rights with special order. This is case were emergency imposed on internal grounds

Consequence of Emergency imposed on External Grounds

If emergency imposed on external grounds, only freedoms mentioned in Article 19 are suspended automatically

So far Emergency in India was proclaimed for 3 times

a) In 1962, during Chinese aggression

b) In 1971, Bangla war, To liberate Bangladesh

c) In 1975, June 25th on internal grounds

 

ii) Article 355 of Indian constitution: Constitutional emergency

It is popularly known as president rule or central rule. it is imposed on ground Article 355, and Article 356 is weapon

 

Article 355 of Indian constitution: Duty of the Union to protect states against external aggression and internal disturbance

This Article Says, Its a constitutional duty of central government to protect, maintain unity, integrity, security of state from external aggression and internal disturbance

If state government cannot be carried on in accordance with the constitution or if there is constitution crisis or breakdown of constitutional machinery in state. Then Governor sends reports to President, after receiving the report of the governor,  President proclaims Article 356

Article 356 of Indian constitution: Provision in case of failure of constitutional machinery in states (President rule)

President of India proclaims emergency after consultation of Prime Minister and Council of minister

 

Proclamation made by the president shall be approved by parliament with simple majority within 2 months. once it is approved by parliament, President rule is extended to 6 months like usually 1 year (6 months + 6 months= 1 year)

Note: President rule cannot extends beyond 3 yrs at any cause

President of India can revoke emergency at any time

 

Consequence of Constitutional emergency

Consequence will be like state govt will be ousted. State assembly may be dissolve or it may be kept under suspended animation

All the power the state are assumed by President. President of India runs the administration through the Governor by appointing few advisers to Governor

Parliament or president can make a law for the state

Note: So far two states president rule is not imposed (As on Dec 2018)

a) Chattisgarh

b) Uttarkhand

 

Case Law under Article 356

S.R.Bommai case Vs Chief Minister of Karnataka

In this case, Supreme court held that for imposition of Article 356 certain guidelines to be followed

a) Chief Minister must be given reasonable time to prove his majority in the house

b) The report of the governor must be speaking document(an objective assessment)

c) Assembly shall not be dissolved unless and till parliament approves the proclamation

 

iii) Article 360 of Indian constitution: Financial emergency 

President of India can proclaim Financial Emergency if there is threat to financial credibility of India

Procedures are like that of Article 356, Once the financial emergency is imposed and approved by parliament and its extends to indefinitely until and unless it revoked. NO periodically extension is required

Note: President of India can revoke it any time

 

Consequences of Financial emergency 

a) The consequences are like, all the financial relation between center and state are terminated. i e, states can not impose a tax or present the budget without prior permission of central government

b) Salaries of all persons serving under Union including Judges of Supreme court/High court are diminished

c) President of India reduces the salaries

Note: So far No financial emergency imposed

 

Vice President of India | Part V

Article 63- 69

Article 63 of Indian constitution: The Vice President of India
This article deals with Vice President of office. This was borrowed from America

Election for Vice President
Article 66 of Indian constitution: Election of Vice President

Vice President of India is elected same like that of President of India however he is elected by electoral college consisting of only member of parliament including nominated

In Election of Vice President of India, Vote value is not calculated i .e ., 1 MP has 1 vote, one Value

In Loksabha – 545 Members/Votes

In Rajysabha – 245 Members/Votes

In Total 790 Votes and  majority is 356 votes

 

Qualifications for Vice President of India:

 Vice President of India has same qualifications that as for President of India. However there is difference in conditions

The nomination must be proposed by 20 member and second by another 20 member

Note: Caution deposit amount Rs 15,000 is same

Salary of Vice President of India

Salary of Vice President is fixed by parliament, charged on consolidation and it cant be reduced at any time

Note: Vice President receive salary as chairman of Rajyasabha not as Vice President of India

 

Article 67 of Indian constitution: Term of office of Vice President

Vice President tenures and term is usually 5 yrs

 

Article 68 of Indian constitution: Time of Holding election to fill vacancy in the office of Vice President and term of office of person elected to fill causal vacancy

Vice President vacancies occurs same that of President of India

a) Removal of Vice President of India.
Note: Removal of vice president of India is not a impeachment its just a removal procedure

b) Constitution of India doesn’t mentioned for removal of Vice President. So deemed to violation of constitution.

c) Motion relating to removal of Vice President is introduce first in only Rajyasabha, for that a notice of 14 days in advance signed by 1/4th of member must be presented to Rajyasabha

d) If Rajysabha approves the motion with majority vote and after that it transmitted to Lokshabha

e) If Loksabha also approves the motion with same majority Vice President stands removed

Note: So far No Vice President was removed

f) If Vice President is removed, them the new Vice President shall get elected as earlier as possible

g) Constitution of India doesn’t provide acting Vice President

 

Power and function of Vice President

a) Vice President will act as President of India,if there is an unusual vacancy(maximum of 6 months as acting President)

b) Vice President also perform or discharge the power and functions of President if president is unable to perform his duties due to in health, being aboard or other reasons

c) During such time Vice President enjoys all power and functions of  President. In those period Vice President receives salaries and allowance of the president of India.

d) During such times, Vice President shall not prescribe over Rajyasabha Chairman

 

Union Legislation

 

Article 74 of Indian constitution: Council of minister to aid and advise President 

This Article says, there shall be council of ministers head by Prime minister to aid and advice the President. President of India while exercising his power shall act in accordance with advice rendered by council of minister

Explanation:

In 1976 by 42nd Amendment, the word shall has been added to Article 74

Again in 1978, by 44th amendment one more sentence was added to Article 74, i e., President many send back for reconsideration of council of ministers

Council of minister may or may not reconsidered, after that President is bound/mandatory to act

President of India has choice to act/say as follow

a) Yes

b) Withhold

c) Reconsideration

d) Silence

In State Legislation

Article 163 of Indian constitution: Council of minister to aid and advise Governor

This Article says, there shall be council of minister head by Chief Minister to aid and advice the Governor. Governor while exercising his power acts in according with such advice or he may act at his discretion

Note: Constitution clearly provides discretionary power to Governor

 

Article 75 of Indian constitution: Other provisions as to minister

This Article says about provisions to minister

Article 75. clause (1), President of India appoints Prime Minister and the advice of Prime Minister other council of minister appointed by President

Article 75. Clause(2). Council of minister shall hold office during the pleasure of President of India

Article 75. Clause(3). Council minister are collectively accountable to Loksabha

Note:

Making or unmaking of council of minister is prerogative(Executive power) of Prime Minister

In State Legislation

Article 164 of Indian constitution: Other provisions as to minister

Same provision as union Legislation i. e., Article 75

 

Some of new provisions added to Article 75 and Article 164

a) Article 75(1A) of Indian constitution: The size of council of minister shall not exceeds 15% of total members of Loksabha

Note: No minimum ceiling(limitation) on council of minister

b) Article: 75(1B) of Indian constitution:  If any member of parliament who defected from one political party to another party, he is not allowed to office of minister up to 2 yrs from the date on which he disqualified

c) Article 164(1A) of Indian constitution:  The size of council of minister shall not exceeds 15%,  however in State legislation, minimum number of minister are 12

Note: It has been added in 91st amendment in 2003. But came into force in 2014

d) Article: 164 (1B) of Indian constitution: i f any member of state legislation(MLA) who defected from one political party to another party, he is not allowed to office of minister up to 2 yrs from the date on which he disqualified

 

Article 77 of Indian constitution: Conduct of business of the Government of India

This Article says, President of India make rules and regulation for convenient transaction of business and coordination among council of minister

Article 166 of Indian constitution: Conduct of business of the Government of State

This Article says, Governor make rules and regulation for convenient transaction of business and coordination among council of minister

 

Article 78 of Indian constitution: Duties of Prime minister as respects the furnishing of information to the President etc

This Article says, Its constitutional duty of Prime minister to convey/communicate all decisions, developments in the country to the President.

President may seek/ask any information necessary from Prime Minister only. So Prime Minister is link/bridge between President and council of ministers

 

Article 167 of Indian constitution: Duties of Chief minister as respects the furnishing of information to the Governor etc

This Article says, Its constitutional duty of Chief minister to convey/communicate all decisions, developments in the country to the Governor.

Governor may seek/ask any information necessary from Chief Minister only. So Chief Minister is link/bridge between Governor and council of ministers

 

Council of Minister and Categorization

Constitutionally all council of minister are equal in their status and rank

However, For Administration convenience there are 3 type or 3 category of minister

a) Minister of cabinet rank

b) Minister of state rank

c) Minister of deputy rank

Note: It is extra constitutional

 

This division made after recommendation of Gopala swamy Ayyangar committee in 1949. Cabinet ministers are importance and independent ministers. All decisions are taken by cabinet headed by Prime Minister

Second Class minister are state minister with/without independent charge. Deputy ministers are simply assistants of cabinet ministers. Right now the category of deputy minister are not in practice

Note: For Jharkhand, Mandya Pradesh, Chattigarh and Orissa, Ministry for welfare of tribal people is compulsory/mandate

 

Inner cabinet

Inner Cabinet is usual political usage which implies some of the cabinet minister very close to Prime minister will influence all decision making in the country

 

Kitchen cabinet

Kitchen cabinet is slang which implies that some of family members of Chief minister/Prime Minister will have undue influence on the decision making of Government, such group is known as kitchen cabinet

 

Importance Articles not mentioned in above discussion(Article 52 – Article 78)

Article 60 of Indian constitution: Oath or affirmation by the President 

Article 69 of Indian constitution: Oath or affirmation by the Vice-President 

Article 76 of Indian constitution: Attorney General for India

 

 

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