b2 - Polity w2d5 - Solution
b2 - Polity w2d5 - Solution
AIM ASSIGNMENT W2 D5
1. How is the President of India elected? Explain how the mode of elections
differs from the election of the President in the USA.
The president of India is a nominal head of the state and is elected by means
of indirect elections. This makes India a Republic.
1. Electoral College:
The President is elected by an Electoral College consisting of:
Elected members of both Houses of Parliament (Lok Sabha and
Rajya Sabha).
Elected members of the Legislative Assemblies of States and
Union territories of Delhi and Puducherry.
2. Voting System:
The election follows a system of proportional representation by means
of a single transferable vote.
Voting is conducted through a secret ballot to ensure confidentiality.
3. Proportional Representation:
The votes of MPs and MLAs are not equal; they are weighted based on
the population they represent.
The Constitution provides that there shall be uniformity in the
scale of representation of different states as well as parity
between the states as a whole and the Union at the election of
the President.
Value of an MLA's Vote:
The value of each MLA‟s vote is determined by the population of
the state divided by the number of elected MLAs, further divided
by 1000.
4. Quota Calculation:
To win, a candidate must secure more than half of the total value of
valid votes polled. This is known as the quota.
The quota is calculated using the formula:
CONCLUSION:
The President‟s office in India and USA not only differs in terms of ways of
election to the office but also in terms of their role in the Polity.
Article 53 vests the executive power of the Union in the office of the President
while declaring him as The Powers of the President of India can be
categorized in these heads:
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
5. Diplomatic powers
6. Military powers
7. Emergency powers
EXECUTIVE POWERS:
All executive actions of the Government of India are formally taken in his
name.
He can make rules specifying the manner in which the orders and other
instruments made and executed in his name shall be authenticated.
He can make rules for more convenient transactions of business of the
Union government and for allocation of the said business among the
ministers.
He appoints -
o the prime minister and the other ministers.They hold office during his
pleasure
o the attorney general of India and determine his remuneration. The
attorney general holds office at the pleasure of the president.
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LEGISLATIVE POWERS:
He can summon or prorogue the Parliament and dissolve the Lok Sabha.
He can also summon a joint sitting of both Houses of Parliament, which is
presided over by the Speaker of the Lok Sabha.
He can address the Parliament at the commencement of the first session
after each general election and the first session of each year.
He can send messages to the Houses of Parliament, whether with respect
to a bill pending in the Parliament or otherwise.
He can appoint any member of the Lok Sabha to preside over its
proceedings when the offices of both the Speaker and the Deputy Speaker
fall vacant. Similarly, he can also appoint any member of the Rajya Sabha
to preside over its proceedings when the offices of both the Chairman and
the Deputy Chairman fall vacant.
He nominates 12 members of the Rajya Sabha from amongst persons
having special knowledge or practical experience in literature, science, art
and social service.
He decides on questions as to disqualifications of members of the
Parliament, in consultation with the election commission.
His prior recommendation or permission is needed to introduce certain
types of bills in the Parliament. For example, a bill involving expenditure
from the Consolidated Fund of India, or a bill for the alteration of
boundaries of states or the creation of a new State.
When a bill is sent to the President after it has been passed by the
Parliament, he can:
o give his assent to the bill,
o withhold his assent to the bill, or
o Return the bill (if it is not a money bill) for reconsideration of
Parliament.
However, if the bill is passed again by the Parliament, with or without
amendments, the President has to give his assent to the bill.
When a bill passed by a state legislature is reserved by the governor for
consideration of the President, the President can:
o give his assent to the bill,
o withhold his assent to the bill, or
o Direct the governor to return the bill (if it is not a money bill)
reconsideration of the state legislature.
He can promulgate ordinances when the Parliament is not in session.
These ordinances must be approved by the Parliament within six weeks of
their reassembly. He can also withdraw an ordinance at any time.
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He lays the reports of the Comptroller and Auditor General, Union Public
Service Commission, Finance Commission, and others, before the
Parliament.
He can make regulations for the peace, progress and good government of
the union territories.
JUDICIAL POWERS:
He appoints the Chief Justice and the judges of the Supreme Court and
high courts.
He can seek advice from the Supreme Court on any question of law or fact.
However, the advice tendered by the Supreme Court is not binding on the
President.
He can grant pardon, reprieve, respite and remission of punishment, or
suspend, remit or commute the sentence of any person convicted of any
offense:
o In all cases where the punishment or sentence is by a court martial;
o In all cases where the punishment or sentence is for an offence against
a Union law; and
o In all cases where the sentence is a sentence of death.
DIPLOMATIC POWERS:
International treaties and agreements are negotiated and concluded on
behalf of the President. However, they are subject to the approval of the
Parliament.
He represents India in international forums and affairs and sends and
receives diplomats like ambassadors, and high commissioners.
MILITARY POWERS:
He is the supreme commander of the defence forces of India. In that
capacity, he appoints the chiefs of the Army, the Navy and the Air Force.
He can declare war or conclude peace, subject to the approval of the
Parliament.
EMERGENCY POWERS:
In addition to the normal powers mentioned above, the Constitution confers
extraordinary powers on the President to deal with the following three types of
emergencies:
National Emergency (Article352)
President‟s Rule (Articles 356 & 365)
Financial Emergency (Article360)
CONCLUSION
1. Though the name President is similar to the President of the USA, the
Parliamentary structure of Indian Polity makes the office of President
similar to that of the King in the UK i.e. of a nominal head. But as we can
see the President of India in spite of the aforesaid position enjoys
extensive powers which include some conditional discretionary powers.
2. Though the President is bound by the aid and advice of the Council of
Ministers that does not diminish the position to a mere nominal head.
The President can also withdraw an ordinance at any time. However, his
power of ordinance-making is not a discretionary power, and he can
promulgate or withdraw an ordinance only on the advice of the council of
ministers headed by the prime minister.
The use of the ordinance route in India has been a subject of debate among
constitutional experts, legal luminaries, and the judiciary. Here is an analysis
of various perspectives:
1. Constitutional Framework and Intent:
a. Article 123 of the Indian Constitution grants the President the power
to promulgate ordinances when Parliament is not in session. This
power is intended to address situations requiring immediate
legislative action.
2. Views of Constitutional Experts and Legal Luminaries:
a. Dr. B.R. Ambedkar, the principal architect of the Indian
Constitution, emphasized that the ordinance-making power should be
used sparingly and only in urgent situations. He stated that it is not
meant to replace the regular legislative process.
b. Nani Palkhivala, a renowned jurist, argued that frequent use of
ordinances undermines the role of Parliament and can be seen as an
executive overreach. He emphasized the need for a robust legislative
process that involves debate and discussion.
c. Fali S. Nariman, another eminent jurist, expressed concerns over
the misuse of ordinances, noting that it bypasses the democratic
process of law-making. He highlighted the importance of maintaining
the sanctity of the legislative process.
3. Supreme Court Judgements:
a. R.C. Cooper v. Union of India (1970): The Supreme Court ruled
that the President's satisfaction for promulgating an ordinance can be
challenged in court on grounds of malafide. This judgement
underscores the need for judicial review to prevent misuse.
b. D.C. Wadhwa v. State of Bihar (1987): The Supreme Court
observed that the re-promulgation of ordinances without placing them
before the legislature constitutes a subversion of the democratic
process. The court held that ordinances are meant to be temporary
measures and should not be used to bypass the legislative process.
c. Krishna Kumar Singh v. State of Bihar (2017): The Supreme
Court held that ordinances should be placed before the legislature and
cannot be used to replace permanent legislation. The court stated that
the legislative power of the executive is a "controlled power" and
should be exercised judiciously.
4. Implications and Analysis:
a. Democratic Principles: Frequent use of ordinances can undermine
the role of the legislature, which is the primary body for law-making.
It bypasses the democratic process of debate, discussion, and approval
by elected representatives.
b. Temporary Nature: Ordinances are meant to address urgent
situations and have a temporary effect. They must be approved by
Parliament within six weeks of reassembly, ensuring legislative
oversight.
c. Judicial Oversight: The judiciary plays a crucial role in reviewing
the use of ordinances to ensure they are not misused. Judicial scrutiny
helps maintain the balance of power between the executive and the
legislature.
CONCLUSION
The ordinance route, though constitutionally valid, can undermine the
democratic process if misused. Constitutional experts, legal luminaries, and
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Supreme Court judgments stress the need for restraint and judicious use of
this power. It should only be exercised in genuine emergencies, as it risks
disrupting the balance between executive and legislative powers and eroding
the rule of law, bypassing the essential democratic principles of debate and
legislative approval.
Since the beginning of the 21st century, as per data released by the NCRB as of
31st, 2018, 2493 people have been sentenced to the death penalty. However, at
the time the data was released only four were executed.
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5. What are the discretionary powers granted to the Governor under the
Indian Constitution, and why are they controversial?
Article 163(2) says If any question arises whether any matter is or is not a
matter as respects which the Governor is by or under this Constitution
required to act in his discretion, the decision of the Governor in his discretion
shall be final, and the validity of anything done by the Governor shall not be
called in question on the ground that he ought or ought not to have acted in
his discretion.
Reservation of a bill for the Under Article 200, the governor can
consideration of the President. choose to withhold the assent to a Bill at
the first instance. He can also reserve a Bill
for consideration by the President.
Rajasthan controversy where the
Chief Minister claimed that the
Amendment Bills passed in the
State Assembly to counter the
Centre‟s farm laws were held up in
Raj Bhavan, as the Governor was
not sending them for Presidential
assent.
In March 2023, the Telangana
government moved the Supreme
Court against the Governor over
the delay in giving her assent to ten
Bills passed by the state
legislature.
Seeking information from the Recently, the Kerala Governor sent a letter
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chief minister with regard to to the Chief Minister to act against the
the administrative and State Finance Minister, who, according to
legislative matters of the state. him, had ceased to enjoy the Governor‟s
pleasure.
Recently, West Bengal governor
has been accused of summoning
the Chief Secretary and the
Director General of Police on a
regular basis
CONCLUSION
In his speech on the constitutional role of Governors, Dr. B.R. Ambedkar
described how a Governor should use his discretion not as “representative of a
party” but as “the representative of the people as a whole”.
AIM – 2025 POLITY
WEEK 2 DAY 6 ASSIGNMENT QUESTIONS GUIDELINES
1. Do you agree that the extent of parliamentary oversight over the executive is now more
influenced by the parliament's composition than by its rules, procedures, and well-
established conventions?
2. Why do you think the constitution makers have opted for an appointed Governor rather than
an elected one? To what extent does the Governor, actively contribute to the governance of
a state and reinforce the principles of federalism in the country?
3. How are Legislative councils different from Rajya Sabha? While there is a recent push for
bicameralism, the second house is often seen as a delaying chamber. Discuss
Legislative Councils and Rajya Sabha differ in composition, powers, and functions.
Councils are state bodies with limited legislative power, while Rajya Sabha is a national
body with significant legislative influence. Despite the push for bicameralism for better
scrutiny, the second house can be seen as delaying legislation, necessitating a balance
between thorough review and legislative efficiency. (Source- Laxmikant)
4. Do you think there is a need to rationalize the seventh schedule in the context of rapidly
evolving governance challenges?
Yes, rationalizing the Seventh Schedule is necessary due to evolving governance challenges.
Overlapping and outdated entries between the Union, State, and Concurrent lists can lead to
jurisdictional conflicts and inefficiencies. Updating the Schedule can ensure clearer division
of powers, improve coordination, and enhance responsiveness to contemporary issues in
governance. (Source-Internet)
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