INDIAN POLITY

CENTRAL ADMINISTRATION 

PRESIDENT-VICE PRESIDENT-PARLIAMENT-PRIM MINISTER AND HIS CABINET-ATTORNY GENRAL-SOLICITOR GENRAL

CENTRAL ADMINISTRATION

 Constitution of India Part V  Articles  52-78 deal with The union government and Executive of India .The union Government and Executive consist on The President of India, Parliament of India (loksaba and rajiyasaba)   and vice president of India, Prim minister of India with his/her counsel of ministers there powers and function

THE PRESIDENT OF INDIA


The 13 President of India Mr.Pranab Mukherjee

 The president of India is first citizen of Indian union. He/she is also  Representative  of union. he/she is symbol of unity, integrity, solidarity of  our nation.

Procedure for Elect the President of India

Our Indian constitution lay down the procedure of elect the president of Indian union. the President of India elected through Election conducted by the Indian Election Commission.

The presidents Election

Qualification for participating persons-

The person must full fill the following Qualification to participate the election of The President of India

ü  He/ She should be the citizen of India

ü  He/ She should have  completed the age of 35

ü  He/ She should have the qualification for participate the election of Lok sabha

ü  He/ She should not hold any  office of profit under the Union Government, any State Govt , Local Govt. but the sitting president or vice president or minister of Union Government or state Govt does not consider as the office of the profit

The Nomination and the Election fee

The Qualified candidate must be subscribed by 50 members of electors as proposers and 50 members of electors as Seconders and make security deposit  Rs.25000  in the Reserve Bank of India. The security deposit is liable  forfeited if the candidate fails get secure level of votes in election.

Election of the President

The president of India does not directly elected by the citizens of India. He/ She elected by the  Electoral college consist of Members of Parliament(elected members of the both house),Elected members of state legislative Assemblies, Elected members of   Union Territories legislative Assemblies. of Delhi and Puducherry

The Lok sabha is dissolved but the members of  Lok sabha is qualified to vote on President Election  when president election  held before the Lok sabha Elections

Value for M.L.A vote= Total number of population of state                             X       1       

                                   total number of sheets for elected members on assembly           1000

value for M.P vote=  Total value of votes of all MLA of all states                           

                        Total numbers  of elected members of parliament

The president election held in accordance with the system of Proportional Representation by means of single transferable vote and voting in the secret ballot. the president election is indirect election.

Any meter and disputes that associated  with President Election only Supreme court of India can inquired and its decision is final. Only the Supreme Court of India can be declare the election of the president is void the acts  and rules passed by him before the date of judgment can’t be invalidated and continue in remain enforcement

Oath and Affirmation of the president

The newly elected president before enter into his/her office he/she  take the Oath and Affirmation. The Oath of the president is administered by the Chief Justice of India .in case the post of CIJ is vacant the senior most judge of the supreme court is available he/she administered the Oath of the President. any person act as the President and he/she take the Oath before discharge the duties and function of the President

Conditions of the president of India

        i.            The constitution lay down some condition for who have take the Oath and Affirmation for the post of president’s office

      ii.            He should not be the member of union Parliament, state legislature  , local government bodies. if any such person is selected  he should  resign the membership of the house before he enter into the presidents office.

    iii.            He should not hold any other office of the profit

    iv.            He entitled with out the payment of the rent, to the use of the presidents official residence(The Rastrapathi Bhavan)

His allowances  and privileges may be determined by the parliament now the salary of president is 150000/per month

Functions and Powers of The President of India

Powers of The president of India classified into seven  heading based an  power exercised by The President 

(1).The executive powers ,(2).Legislative powers ,(3). Financial power (4) Military powers and (5)Emergency powers,(6)judicial powers diplomatic powers

The Executive powers of the president

v  All action taken by the government of India bay the name of the president.

v  The prime minister of the Indian union appointed by the president and also appoint the council of ministers and allocate the department of the each of them  with the reference of the prime minister of India .they hold the office during the pleasure of the president

v  The President of India can make any law and rules  for more convenient of  union government discharge the function and duties .any rules or acts passed in parliament  submit to president for authenticating the rule with sign .the act enforced in the name of the president

v  The President of India can only issue the appointment  order for following posts

   1).The Attorney General of India and determines his remuneration. the Attorney General of India hold office during the pleasure of The President.

   2).The President of India appoints the Comptroller and Auditor General of India  and determines his remuneration. he/she holed his/her office during the pleasure of The President

   3).The President of India appoints the Governors of sate ,Chief  Election Commissioner of India and other election commissioners,

   4).The President of India appoints The Union Public Service Commission Chairmen and other Members. Chairmen and other members of Finance Commission

   5).The President of India can form the commission for SC’s, ST’s and other backward classes

   6).The president can appoint any person as his Representative to Administrate any state of union. He has a power to  announce any part of the country as the Scheduled Tribes and  Administrate directly or with his Representative

v  He  can seek any information  from prime minister and his council of minister about any meter disguised

v  In national affiance and administration issues

Legislative Powers of The President

Ø  Constitution of India lay down  The President of India is a part of the Parliament of India.

Ø  He can address The Parliament each year at the first session and  also address The Parliament after general election  is over the new elected members first session of The Parliament

Ø  He/ She  has power to summon or prorogue The Parliament. also has a special power to the summon joint sitting of parliament this session presided over  by the speaker of the Loksabha.

Ø  The president can only dissolve The Loksabha of The Parliament with the reference of the Prime minister of India.

Ø  He/ She can appoints any member of Loksabha as a preceding officer when the office of speaker and deputy speaker is vacant. She/ He also appoints the any member of Rajiyasabha as a preceding officer when the office of the Chairmen  and Deputy Chairmen of Rajiyasabha is vacant

Ø  He/ She appoint the nominated members of the Parliament .Loksabha two Anglo-Indian community and nominate 12 famous person from various  sphere like the person having special knowledge in science ,sports ,literature ,etc

Ø  His prior permission need to Introduce the money bill which  is to take amount From consolidate found of India parliament  

Ø  The president can make ordinances when the parliament not in session(Art 123). But the ordinances can get approve from the parliament with in 6 weeks  when the parliament in session. The President can have the power to remove this ordinances at any time with the advice of the council of minister headed by the prime minister

Ø  He lay down the report on CAJ,UPSC ,Finance commission and etc. before the Parliament

Ø  He can make any regulation for the peace progress and good government of the Andaman Nicobar, Lakshadweep, Dardra and Nagar Haveli and also make regulation for Puducherry when the legislate assembly is suspended or dissolved .

Veto powers of the president

The president of India excised  following veto powers

Absolute veto, Suspensive veto, Pocket veto

A bill is passed by the parliament before  the bill  became a Act  it should presented to The president of India for his assent. under constitution Art 111 He/ She has the following three alternatives

He/ She give assent to the bill

He/ She withhold his assent

He/ She send back to parliament for reconsideration of bill if the bill passed again in Parliament  with  or without amendments he/she must give his assent to the bill(this is for except money bills)

He/ She hold  the bill in pending state with out take any action for infinite time limit.

Financial Powers

§  Money bill’s which is also deals with the consolidate funds of India can be introduced in the parliament  only with The presidents prior permission.

§  He can make advances out of the contingency found of India to meet unexcepted expenditure

§  He can form  the finance commission and appoints it’s chairmen and members to recommend for  distribution of  Revenue between State governments and Union government for every five years

§  He causes to be laid before the parliament annual financial statement

 Military Powers

·         The President of India is supreme commander of defense force in India. The president appoint the chiefs of The Army, Navy, Air force.

·         The President of India can only declare war or conclude the Peace with subject to Approval of the Parliament 

Emergency Powers

 The Indian constitution lay down the extraordinary power to the president that is Emergency provisions. The President can only authority to declare the Emergency provisions lay down on the constitution there are three types of Emergency provisions (1).National Emergency(Art 352).(2).The President Rule on State(Art356),(3)Financial Emergency(Art 360)

Diplomatic Powers

 The President Represent in the world nations and forum as The Representative of the India. all action taken by the Indian government relating to the external affiance and any Metter with  respect to country is done with the Name of The President of India. The president of India  also send and receive the  ambassadors and high commissioners of our nation and other nations

Judicial Pardoning Power of the President

He/she appoints the chief Justice of India and other Judges of supreme court and high courts. he/she seek any advice from supreme court. the advice of supreme  court not binding the president

Constitution of India Art 72 lay down The President of India grant pardons to persons who have to tried and convicted of any offence in all cases where the

·         Punishment or Sentence is for an offence against a Union Law

·         Punishment or Sentence is  buy a court martial

·         Sentence is a sentence of death

The pardon power is dependent of the judiciary. It is an Executive Power.

Term and Impeachment and vacancy of The President of India

Term of The President of India

The term of the Office of president of India is normally 5 year. From  he/she enter upon the Presidents office.

The President can be Resign his post when the president write the Resignation letter address to the vice president..if any one of the following incidents happen  the post of president is fall vacant

·         If  The supreme court of India  declare The President’s election is void

·         If the President of India  write the Resignation letter address to the vice president of India

·         If  sudden death of  The President or illness of The President(He/ She can’t discharge his/her duties)

The Impeachment Resolution is passed in both houses of parliament  against The President

  The constitution of India lay down some procedure for declare The Impeachment resolution against the president. The Impeachment resolution can be initiated any house of the parliament. ¼ members of that house should be signed and  14 day’s notice should be given to The President. After the impeachment is passed by the majority of 2/3 total membership of that house. If the bill is passed  and moved to another house  which should investigate the charges. the president has right to appear and to be represented at such investigation. if other house also charges and passed the resolution by 2/3 membership of that house. The President post is fall vacant from the date of the resolution passed under another house. one important point is the appointment members of that both house is can also participate the Impeachment process who can’t have the right to vote the presidents election. but the  assemblies of the states and union territories can’t to participate the Impeachment process who  have the right to vote the presidents election.

Constitutional Position of The President

The President of India occupies the same position of the King under British constitution. the president of India can  represent the nation but can’t rule the nation. He/She is head of our nation but not an executive authority of nation.

The executive power of the union shall be vested in president and shall be excised by him aor any subordinate to him in accordance with this constitution(art 53)

The President of India exercise  his function and power with prior advice of the executive authority of nation called council of ministers headed by the Prime minister(art 74 made by the 42 constitutional amendment).
                                                                                                                                                                   

The Vice-president of India

The 14 and current Vice President of India

The next highest rank of the Indian union administration is the post of Vice President like the post of Vice President of USA. Constitution of India lay down the Articles 63-69 deal with the Vice Presidents office

Art63:There shall be a Vice President of India

Election of the Vice President Art(66)

 The Candidates who participating the election of office Vice president should full fill the following Qualification

Art.66(3.a). He/She should be the citizen of India.(or).

 Art 66(3.b). He/She should be completed the age of 35

Art 66(3.c) He/She should be have the qualification for participating the election of Council of States

66(4).if the person holding any  office of  profit under the Union Government, any State Govt , Local Govt. he/she could not eligible  for participating the election but the sitting president or vice president or minister of Union Government or state Govt does not consider as the office of the profit.

Nomination

Further the nomination of the candidate for election  to the office of vice president must be subscribed by at least 20 electors as proposers and 20 electors as seconders,

Every candidate  has to make a security deposit of 15000 rupees in Reserve Bank of India

Election(Art66)

The  Election of  Vice President same as the Election of President is elected not directly by the people but the method of Indirect Election it held  accordance with  the system of proportional representation.

 The  Election of  Vice President same as the Election of President  but it differ  slightly. the Electoral colleges office of Presidents Election  consist of Elected members of both house of parliament. Elected members of state legislative Assemblies, Elected members of   Union Territories legislative Assemblies. of Delhi and Puducherry but the office of the Vice Presidents Election The Electoral College  consist on only the members of the parliament(NOTE: Elected and nominated members).but not Include the members of   Union Territories legislative Assemblies. of Delhi and Puducherry.

Oath And Affirmation(Article 69)

 The successful candidate of the vice presidents Election before enter into the office of the vice president he should subscribe The Oath And Affirmation for the office of Vice president which is lay down on constitution . The Oath And Affirmation Administered by the president of India or any other person appointed by in that behalf  him/her.

Powers and function

The constitution of India lay down(art-64-65) some power and function of vice president are two-fold

Article64:The Vice President of the India also act as the ex-officio chair person of the council of states and has power to proceeding officer like the Speaker of Loksabha. and does not hold any other office of profit

Article65: If The Vice President of India Act as the president of India when the office of The president is fall vacant due to Resignation, Removal or death or the present president cannot discharge his/her duties due to the out of the country(for official foreign visit) or illness of health.  In both cases the vice president act as the president of India when the president resume his/her office or The Newly Elected president assume the office

The vice president act as the Ex officio chairmen he/she will receive the allowance and salary for the chairmen .but he/she will act as The President of India to take oath  and affirmation for the office of the president the allowance and powers and immunities are suitable for him he only receive the salary for the president specified in second schedule(65(3)) not receive the salary of the ex-officio chair person of the council of states   

Term of Office of the Vice President(article 67

The term of Office of the Vice President is five years from the data of when he/she enter the office of the Vice president.

If The Vice President Resign his office to write  under hand his resignation to  address

  The President

The Vice President can hold his office beyond his term of five years until his successor assumes charge. He/ She also eligible for reelection to that office. He may be elected for number of terms

 He can also be removed from the office before completion of term. notably no grounds has been lay down on the constitution. for his removal. Vice President can be removed using  absolute majority of total membership passed removal  resolution of vice president and agreed to by the Lok sabha. but no such resolution moved unless at least 14 day’s advance notice has been given
                                                                                                                                                                   

PRIME MINISTER OF INDIA

15 Prime Minister Of India Mr.Narendra Modi

  

In Parliamentary system of Government provide by Constitution The President of India is a nominal executive but the Prime Minister of India is a real executive in other words the president is a Head of the states but the Prime minister is a Head of the Government.

Appointment of The Prime Minister

Article 75 one and only article lay down on Indian constitution The Prime Minister Appointed by The president of India and also appointed council of minister with the reference of the Prime Minister

The President can appoint any person to prime minister with  in own decision. the person should  have membership of  parliament is not necessary. but after the appointment he/she should prove his majority in house of people(Loksabha) in one month  and get a membership of either house of the parliament  with in reasonable time limit(Normally 6 moths the gap between two sessions of parliament).

In parliamentary  system of government  after the announcement of  result of General Election the president may call the leader of the majority party of the Lok sabha and appoint the Leader of that party or any candidate proposed by that party and the that’s members of the Lok sabha can be appointed by the president as a Prime  Minister of India

If in parliamentary  system of government  after the announcement of  result of General Election any one of the party does not get majority the president usually appoint a leader of the largest party or coalition in the Loksabha as the Prim minister and ask him to seek avote of confidence in the house with in one month

When the Prime Minister in office is dies suddenly the president can appoint any one of the leader of ruling party as the Prime Minister and ask him to seek avote of confidence in the house with in one month

Oath and affirmation

The person who is appointed as Prime minister before entering prime ministers The office Oaths and secrecy of Prime Ministers office administers by the President of India.

Term and Salary

The Prime Minister hold his office during the pleasure of the president that means the president can only dismiss the prime minister when prim minister loss Majority of Lok sabha or confidence of Lok Sabha otherwise The President can’t  remove the Prime minister.   

 The salary and allowance of the prim minister is determined by parliament from time to time. he get the salary and allowances  that are payable to the member of parliament additionally he get some supper allowance like free  accommodation and traveling sumptuary allowance

Powers and Functions of the president

In Relation to  Council of Ministers

The Prime Minister enjoys the following powers as head of the Union Council of Ministers

Ø  The Prime Ministers head of the council of ministers he can only refer those person is appointed as ministers by the president.

Ø  He allocates and reshuffle the departments if the ministers

Ø  He can ask any minister to resign or advice president to dismiss him in case of difference of opinion

Ø  He is a preceding officer of council of ministers meeting, and influences its decision

Ø  He control and coordinates the activities of all the ministers, if the office of the prime minister is fall vacant the council of ministers should be resigns or the Loksabha automatically dissolved. other hand if any one of the minister office is fall vacant theprim minister may or may not like to fill

In Relation to  The President Of India

ü  The prime minister act as connecting principal medium between his/her council of minister and the president of India   follow

ü  He advice president with regard to the appointment of important officials like Attorney General, CAG, Chairmen and members of UPSC, Chairmen and members of finance commission

In Relation with the Parliament Of India

The prime minister is the leader of the lower house. in this function he perform following duties

ü  He advice president with regard to summoning and proroguing of the sessions of the parliament

ü  He can advice president to dissolution of Lok sabha at any time

ü  He announce the government policies on the floor of the house

Other function

The prime minister of India is a head of the Planning Commission, National development council, National Integration Council. Inter state Council and National Water Resource Council

ü  He can play significant role in shaping the foreign policy of the country

ü  He is chief spokesmen of the government of India

ü  He is the crisis manager-in chief at the political level during the emergencies

ü  He is a political head of services