Polity 02
Polity 02
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4. Election is held in accordance with system of proportional
   representation by means of single transferable vote and voting is
   done by secret ballot.
                                                                                 charges and the President shall have the right to appear and to be
                                                                                 represented at such an investigation.
                                                                              7. If another house sustains the charges and finds the President of
5.  All doubts and disputes arising out of the Presidential elections are         violation, and passes that resolution by 2/3rd of the total
   decided into and enquired by the Supreme Court whose decision is              membership of that house, the President stands removed from the
     final.                                                                      date the resolution is so passed.
6.  The elections are monitored and conducted by the Election                 8. Hence, impeachment is a quasi-judicial process. And though, the
    Commission of India.                                                         nominated members of Parliament do no participate in his election,
 7. Only one President, that is, Neelam Sanjiva Reddy has been elected           they take part in the impeachment process. Also, states' legislatures
    unoppOsed so far.                                                            do not have a role in the impeachment process.
8.   Dr. Rajendra Prasad is the only President to have been elected twice.
9.   Two Presidents – Dr. Zakir Hussain and Fakhruddin Ali Ahmed have                              Powers of the President
     died in the office.                                                       1.   Executive Powers
                                                                              1.     executive actions are taken in his name. He is the formal,
                                                                                    All
Term of office (Article 56) and Re-election (Article 57)                         constitutional, titular head or de jure head of the Government.
1.   Term -5 years.                                                           2. Appoints the P.M and other ministers on P.M'sadvice.
2.   Resignation is addressed to the Vice-President.                          3. Appoints the Attorney General of India, CAG, Chief Election
3.   The President is eligible for re-election for any number of terms.          Commissioner and other Commissioners, the chairman and
                                                                                 members of UPSC, Governors of states, Chairmanand members of
Qualification (Article          58),   Conditions (Article 59)            &      Finance Commission etc.
Oath (Article 60)                                                             4. He appoints Inter-State Council and he is the one who can declare
1.   Eligibility -                                                               any area as scheduled area and decides on the matter of declaration
     (a) citizen of India                                                        of any tribe as scheduled tribe.
     (b) 35 years
     (c) Is eligible for election as an MP of the House of the People.        2. Legislative       Powers
2. Shouldn't hold office of profit.                                           1. Summons and Prorogues the Parliament and dissolves the Lok
3. The President shall not be a member of either House of Parliament             Sabha.
                                                                              2. Summons the joint sitting of the two houses of Parliament (which is
   of any Legislature. Even if such a member is elected, he is deemed
                                                                                 presided over by the Speaker of Lok Sabha).
   to have vacated that seat.
3. Nominates 12 members to Rajya Sabha from amongst people having               2.        executive power. And the Governor also has those powers
                                                                                     It is an
   achievenments in art, literature, science and social service and may            under Article 161, however, the Governor can't pardon a death
   nominate 2 members to Lok Sabha from the Anglo-Indian                           sentence nor can he interfere in court martial cases.
   Community.                                                                   3. The President exercises this power on the advice of the Union
4. His prior recommendation is required in case of presentation of                   Cabinet.
   certain types of bills such as money bills, bills seeking expenditure
   from the consolidated fundof India etc.                                      8. Discretionary        Powers of the President
5. He can withhold his assent to bills, return the bills to the legislatures,
                                                                                1.   Appointment of the P.M when no party has a clear majority in the
                                                                                     Lok Sabha or when the P.M in office dies suddenly and there's no
   apply pocket vetoto bills etc.
                                                                                   obvious successor.
6. He can promulgate ordinances when the parliament is not in
                                                                                2. Dismissal of the council of ministers when it can't prove the
   session.
                                                                                   confidence of the Lok Sabha.
7. He lays the reports of Finance Commission, CAG, and UPSC etc.
                                                                                3. Dissolution of the Lok Sabha if the council of ministers has lost its
   before the Parliament.                                                          majority.
8. No demand for grant can be made except on his recommendation.                4. Use of Suspensive Veto in case of bills.
   Also, he constitutes a Finance ommission every five years for
   distribution of revenues between center and states.
                                                                                       THE VICE-PRESIDENT: IMPORTANT POINTS
3. Judicial Powers                                                              1.   The second highest post in the Indian polity and second in order of
1.   Appoints the Chief Justice and   other judges of the Supreme Court              precedence and the post have been inspired from the US's
     and High courts.                                                                Constitution.
2.   Seeks advice from the Supreme Court on any question of law.                2.   He is the ex-officio chairman of the council of states or Rajya Sabha.
3.   He can grant pardon etc.                                                   3.   Acts as the President during casual vacancy, removal, death or
                                                                                     impeachment when the President's post falls vacant.
4. Emergency         Powers                                                     4.   The V.P gets the salary, allowance and remuneration etc. as the
1.   National Emergency (Article 352)                                                chairperson of the Rjaya Sabha.
2.   President's Rule (Article 355)                                             5.   Vice-President is elected by members of an electoral college
3.   Financial Emergency (Article 360)
                                                                                     consisting of the members of both the Houses of the Parliament.
5.    VetoPowers
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  The President of lndia has three types of Veto powers, namely
1. Absolute Veto- Withholding the assent to the bill. The bill then ends
                                                                                6.
                                                                                     The election is held in accordance with the system of proportional
                                                                                     representation and voting is done by the secret ballot.
                                                                                     Also no person shall be eligible for election as the Vice-President
                                                                                     unless he is a citizen of India and has completed the age of 35 years
    and does not become an act. Example- in 1954, Dr. RajendraPrasad
                                                                                     and is qualified of being a member of Rajya Sabha and should not
    withheld his assent to the PEPSU Appropriation Bill. Also, in 1991 R.
                                                                                     hold any office of profit.
    Venkataram withheld his assent to the MPs Salaries, allowances bill.
                                                                                7.   Term is of five years from the date on which he enters upon his
2. Suspensive Veto- Returning the bill for reconsideration. In 2006,
                                                                                     office.
    President APJ Abdul Kalam used suspensive veto in office of profit
    bill. However, the President can return the bill for reconsideration
                                                                                8.   May be removed from his office by a resolution of the Council of
    to the legislature only once, after which he has to give his consent.            States passed by a majority of all the then members of the Counil
3. Pocket Veto- Taking no action on the bill sent to the President.
                                                                                     and agreed to by the House of the People; but no resolution for the
                                                                                     purpose of this clause shall be moved unless at least fourteen days'
    There's no time limit provided in the constitution within which the
                                                                                     notice has been given of the intention to move the resolution
    President has to give his assent or sign the bill. Hence, he has a               (Article 67(b)).
    'bigger pocket' than the American President. In 1986, President Zail
    Singh applied Pocket Veto to Indian Post Office Amendment bill.
                                                                                9.   Oath administered by the President, or some person appointed        in
                                                                                     that behalf by him, an oath or affirmation.
     NOTE:ThePresident has no veto power in case of a constitutional            10. Dr. S. Radhakrishnan was the first V.P of India.
     amendment bill. He is boundto give his assent to such bills.                11. The V.Ps who went on to become the Presidents            Dr.        S.
                                                                                    Radhakrishnan, Zakir Hussain, V.V. Giri, R. Venkataraman, S.D.
6. Ordinance Making Powers (Article 123)                                            Sharma, K.R. Narayanan.
1. An ordinance can be issued by the President only when both houses
                                                                                12. Because of the limited powers and functions the V.P of India is also
    of Parliament are not in session or when only one house is in session.
                                                                                    at times termed as "HISSUPERFLUOUS HIGHNESS".
2. The ordinance must be approved by the Parliament within six weeks
    of its reassembly.
                                               -
3. Hence, maximum life of an ordinance is six months + six weeks.                          THE PRIME MINISTER & THE COUNCIL OF
 4. He can issue an ordinance only on the advice of the council of                                      MINISTERS
    ministers headed by the P.M                                                 The Prime Minister
                                                                                1. India has had 14 Prime Ministers so far and Shri Narendra Modi is
7. Pardoning       power of the President (Article 72)                                 14th p.M of lndia of the 16th Lok Sabha.
                                                                                     the
1.   The President    has the power to grant pardon, reprieve,                  2. The P.M is the real executive authority or the de facto head in the
     commutation, remission, respite to any persons convicted in any               Indian form of parliamentary governance. He is appointed by the
     Union Law, or bya court martial or in cases of death penalty.
                                                                                   President (Article 75).
3.   The leader of the majority party in the Lok Sabha, or the party who     The Composition         of Rajya Sabha
     comes into power after people's mandate forms the government in         1. The maximum strength of the Rajya Sabha is fixed at 250, out of
     the center and the leader is the P.M. Hence, he is the head of the         which, 238 are to be the representatives of the states and union
   government.                                                                  territories (elected indirectly) and 12 are nominated by the
4. If there's no clear majority in the Lok Sabha by any party, then             president.
   Presidential discretion comes into action in the selection and            2. At present, the Rajya Sabha has 245 members. Of these, 229
   appointment of the Prime Minister. Under these circumstances, the            members represent the states, 4 members represent the union
   President usually appoints the leader of the largest party or coalition      territories and 12 members are nominated by the president.
   inthe Lok Sabha as the Prime Minister and asks him to seek a vote         3. The Fourth Schedule of the Constitution deals with the allocation of
   of confidence in the House within a month.                                   seats in the Rajya Sabha to the states and union territories.
5. The Prime Minister may bea member of any of the two Houses of             4. The representatives of states in the Rajya Sabha are elected by the
   parliament.                                                                  elected members of state legislative assemblies. The seats are
6 If a person isn't an MP, he still can be appointed as the P.M (or any         allotted to the states in the Rajya Sabha on the basis of population.
   minister for that matter), however he can remain so only for a               NOTE-Population as ascertained on the basis of 2001 census as per
   period of six consecutive months. After that he must become a                  87th Amendment Act, 2003.
   member of either Lok Sabha or Rajya Sabha.
7. The longest tenure so far has been of Pt. Nehru of around 16 years
                                                                             The Composition         of Lok Sabha
   and the shortest one of Mr. A.B Vajpayee of 16 days.                      1. The maximum strength of the Lok Sabha is fixed at 552. Out of this,
8. The no confidence motionwas first used against Pt. Nehru in 1963
                                                                                530 members are to be the representatives of the states, 20
   and was proposed by Acharya Kriplaniand for the first time it was            members are to be the representatives of the union territories and
    successful against A.B Vajpayee in 1996. Though, it was used in              2
                                                                                   members may be nominated by the president from the Anglo
     MorarjiDesai's tenure as well, however he resigned before it could
                                                                                Indian community.
    be moved.                                                                2. At present, the Lok Sabha has 545 members.
9.  The oath to the P.M is administered by the President and he holds        3. The representatives of states in the Lok Sabha are directly elected
    office during the pleasure of the President.                                by the people from their respective constituencies.
10. He is the chairman of the Planning Commission, NDC, National             4. The voting age was reduced from 21 to 18 years by the 61st
    Integration Council, Inter-State Council and National Water                 Constitutional Amendment Act, 1988.
    Resources Council.
A                                                                                      amendment bills. Money bills are the ones which are concerned
  'session' of Parliament the period spanning between the first sitting
                            is
                                                                                       with taxation, money matters which are specifically mentioned in
of a House and its prorogation (or dissolution in the case of the Lok
                                                                                       article 110. Financial bill are also concerned with such matters
Sabha). The time period between the prorogation of a House and its
                                                                                       though with slight differences and are mention in articles 117(1) and
reassembly in a new session is called 'Recess'. There are usually three
                                                                                        117(3).Constitution amendment bills, which are concerned with the
sessions. The budget session the longest and winter is the shortest.
                                                                                       amendment of the provisions of the Constitution.
                                                                                 15.   The Rajya Sabha cannot reject or amend a money bill. It can only
1. The Budget Session (February to May):
2. The Monsoon Session (July to September); and
                                                                                       make the recommendations. It must return the bill to the Lok Sabha
                                                                                       within 14 days, wither with or without recommendations. The
3. The Winter Session (November to December).
                                                                                       decision of the speaker is final in deciding a bill is money bill or not.
                                                                                       Also, every such bill is deemed to be a public bill.
Important       parliamentary terms, points, motions,                            16.   The provision of joint sitting is applicable to ordinary bills or financial
bills, questions       and Committees                                                  bills only and not to money bills or Constitutional amendment bills.
                                                                                       In the case of a money bill, the Lok Sabha has overriding powers,
1. The maximum gap between two sessions of Parliament cannot be                        while a Constitutional amendment bill must be passed by each
   more than six months.                                                               House separately.
2. The President summons and prorogues the two houses of
   parliament.
17. The term "budget' has nowhere been used in the Constitution. It    i         22. Public AccountsCommittee-It consists of 22 members (15 from the
    the popular name for the 'annual financial statement' that has been               Lok Sabha and 7 from the Rajya Sabha). Term of members1 year.
    dealt with in Article 112 of the Constitution.                                   A minister cannot be elected as a member of the committee. The
18. The Railway Budget was separated from the General Budget in 1921                 chairman of the committee is appointed by the Speaker from
    on the recommendations of the Acworth Committee. From the year                   amongst its members. Until 1966-67, the chairman of the
    2017, the railway budget and the main financial budget were again                committee belonged to the ruling party. However, since 1967 a
    merged and in 2017 the budget was presented on the 1st February,                 convention has developed whereby the chairman of the committee
   2017.                                                                             is selected invariably from the Opposition. The function of the
19. Consolidated Fund of India - It is a fund to which all receipts are              committee is to examine the annualaudit reports of the comptroller
    credited and all payments are debited. In other words, (a) all                   and auditor general of India (CAG), which are laid before the
    revenues received by the Government of India; (b) all loans raised               Parliament by the president.
    by the Government by the issue of treasury bills, loans or ways and          23. Estimates Committee - The largest committee of the Parliament.
    means of advances; and (c) all money received by the government                  Present number of members is 30. Allthe thirty members are from
    in repayment of loans forms the Consolidated Fund of India.                      Lok Sabha only. The term of office is one year. A minister cannot be
    Mentioned in article 266.                                                        elected as a member of the committee. The chairman of the
20. Public Account of India - All other public money (other than those               committee is appointed by the Speaker from amongst its members
    which are credited to the Consolidated Fund of India) received by or             and he is invariably from the ruling party.
    on behalf of the Government of India shall be credited to the Public         24. Committee on Public Undertakings    -   Present number of members
    Account of India.
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21. Contingency Fund of India - The Constitution authorised the
    Parliament to establish a 'Contingency Fund of India, into which
                                                                                     is 22 (15 from the Lok Sabha and 7 from the Rajya Sabha). The term
                                                                                     of office of the members is one year. A minister cannot be elected
                                                                                     as a member of the committee. The chairman of the committee is
    amounts determined by law are paid from time to time. Accordingly,               appointed by the Speaker from amongst its members who are
    the Parliament enacted the contingency fund of India Act in 1950.                drawn from the Lok Sabha only.
    This fund is placed at the disposal of the president, and he can make
    advances out of it to meet unforeseen expenditure pending its
    authorisation by the Parliament.
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