Part 5
The union
Ch-1 executive
President and vice president
52 to 5
79 – 122 –
parliament and all
SEC-52 – there shall be a president of India.
Shall not be any vacany anytime. Head of the office must be their. Presient dies , then
automatically the vice president becomes the president.
President is the de jure head.
SEC-53 - executive power of the president , either he will exercise or his subordinates will
exercise on his behalf.
President is the supreme commander of all three forces.
It is subject to the law.
(3) nothing in there in this sec which cant be changed.
SEC- 54 election of president – MPs and MLAs – nominated members will not vote.
Art.55 – Manner of election- there shall be uniformity in the scale of representation , as
much as possible.
Value of vote of MLA – total population 1
Total no elected representative in the state legislative assembly 100
MLA Value =
Single transferable voting system. Also called the propositional representation method,
which means each vote has certain weight depending upon the population of the state, that
member represents.
Art.56- term of the president that is 5 yrs, from the date on which he enters the office.
Provided that president resigns, by written to vice president.
President may be removed if he goes against the constitution of India through the process of
impeachment.
He has to hold the office until the successor joins the office. As the position can’t be left
vacant.
Art.57- Eligibility for re-election
Art.58 – Qualifications for the election as president-
Mla – total mla
Mp – total value of mla / total member in the parliament
27 jan
Must be passed within 6 weeks.
52 to 72 and 123 State executive
28 Jan
123- power of president to pass ordinance.
30 Jan
153-
154-
155-
Indra Gandhi AIE 1971
In this case we will discuss about certain
Bp Singhal v/s UOI
Art 156
B4 governer 4 governer were changed. This is mainly to take control of power in their
hands.
Removal of governer without any valid reason is unconstitutional.
Removal should be reasonable.
Judicial review is available. Sc can decide
Scope and extent of the judicial review of executive actions.
13(2) – if something is in
32 – In which we can approach the SC if fundamental rights are being violated.
Art 142- power to the supreme court
Supreme court in exercise of
Followed as the law, unless other law has been passed.
2013, Vishaka guideline but it is the law which is now applicable.
Illegality- something which is being done ultra vires will be held to be illegal.
Procedural Impropriety – principle of natural justice.
2 principle
Audi alterum partum
Nemo judex qusa – no one can be a judge in his own case.
Bil passed by the house of the people.
110- money bill-
Imposi
111-
168- lok sabha , in the case of state it is 1/3.
Composition- 1/3 member – members of municipalities, members o fdisctrict court and local
authorities, + 1/12 shall be elected by person who is already a graduate for more then 3
years.
1/12 teachers who teach above secondary school .
1/3 – members are already elected
Rest – will be appointed by the governer.
172- duration- 5 yrs.
2 conditions- 1st council rejected the bill
- More then three months has been passed.
Legislative council is also seen as a delaying house. Bcz even if they reject the bill then also it
is going to be passed.
Art.200 & 201- assent to the bills.
In case of center assent will be given by president but in case of state the assent will be
given by the governer .
2-3 options
Gives assent
Withholds the bill
Sends the bill to the president for reconsideration.
All this process is for bills other than money bill.
Value of vote of MLA – total population 1
Total no elected representative in the state legislative assembly 1000
Mp – total value of votes of all the mlas of all the states / total no of elected mps of the
parliament.
Br Kapur v/s state of tamil nadu 2001 7 SCC 231
Lily Thomas v/s UOI 2013
Lok prahari through general secratary S.N Shulka v. ECI 2018:
DC WADWA AND OTHERS V/S S/O BIHAR&OTHERS (1986)
Art.213- Related to the power of governor of ordinance.
