KALYANSIR.COM
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ARTICLE 52: There shall be a President of
India.
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He is the first citizen of India.
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ARTICLE 53: This mentions about the executive
powers of the Union.
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All the executive powers of the President are
exercised either directly or indirectly (through the officers subordinate to
him).
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ARTICLE 54: The President is elected by an
electoral college.
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The President is elected by the elected members
of
·
Lok sabha
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Rajya Sabha
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State Assemblies
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State Assemblies of Delhi and Pondicherry.
(Since 1992 through 70th amendment).
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ARTICLE 55:
This Article mentions about the manner of the election of the President.
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The President is elected indirectly.
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The election shall be by a secret ballot.
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The election shall be held in accordance with
the system of proportional representation by means of single transferable vote.
(Please pay keen attention that the nominated members and
all the members of Legislative Councils (In case of Bicameral Legislatures) are
not permitted to vote in the election of the President of India).
ARTICLE 56: This article
mentions about the term of the President.
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The term of office is 5 years from the date on
which the President enters upon his office.
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The President can resign to his office by writing
under his hand addressed to the Vice President of India.
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ARTICLE 57: This article mentions bout the
reelection of the President.
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A person is eligible for reelection to the
office of the President any number of terms.
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ARTICLE 58: This article mentions about the
qualifications for election as President.
Qualification of a person to
contest for the President:
· Citizen of India
· Should have completed 35 years of age
· Should not hold any office of profit
· Should be qualified for election as a member of
the Lok Sabha.
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Article 71: The disputes related to the election
of the President of India are challenged only in Supreme Court, and the
decision of the Supreme Court is final.
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NOTE: On August 21, 2012 P A Sangma the
defeated NDA (National Democratic Alliance) candidate moved the Supreme Court Challenging
the election of Pranab Mukherjee as President contending that he was holding
offices of profit and hence not eligible to contest for the post. The
contention was that Pranab Mukharjee was holding the office of profit like the
leader of Loksabha and the Chairman of Indian Statistical Institute. The
argument is that the lok sabha website was showing Pranab Mukharjee as the
leader of Lok Sabha even after submitting nomination papers and continued up to
July 30, 2012.
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Note: Article 71 also includes the disputes
related to the election to the office of the Vice-President also.
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Security Deposit:
15000/- (Fifteen thousand Rupees). Security deposit will not be refunded if the
candidate fails to get the 1/6th of the votes polled.
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Nomination: A candidate for election to the
office of the President must be subscribed by at least 50 electors as proposers
and 50 electors as seconders.
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ARTICLE 59: Conditions of the office of the President.
ü The President shall not be a member of
any house of Union or the state legislature.
ü He shall not hold any office of Profit
ü The President shall be entitled to the
free use of his official residence and such emoluments, allowances and privileges
as may be determined by the Parliament by law.
ü Free travel
ü Secretarial staff
ü Free Telephone, water, electricity, rent
free furnished accommodation
Note: The official residence of the President is called "Rashtrapati Bhavan".
ü Free residence, Medicare, pension to the President’s spouse if the President
dies in office or after retirement.
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ARTICLE 60: This talks about the Oath or
affirmation by the President of India.
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OATH of Office:
Is administered by the Chief justice of India and in his absence, the senior
most judge of Supreme Court.
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Note: Acting President should also take similar
type of oath.
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The President takes an oath to preserve, protect
and defend the Constitution and the law.
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Salary and other \allowances are determined by
the Parliament from time to time.
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The salary and other allowances of the President
cannot be diminished during the term of office.
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Salary: 1,50,000/- (One Lakh and Fifty
Thousands) per month.
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Pension: 9,00,000/- (Nine Lakhs) per annum.
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The President submits the resignation to the
Vice President.
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Note: The Vice President submits the resignation
to the President.
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ARTICLE 61: The procedure for impeachment of
the President.
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Impeachment: The President can be removed from the office by a process of impeachment on the grounds of “Violation of the
Constitution”.
·
Charges can be initiated by any house of the
Parliament.
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All the members of Loksabha and Rajya Sabha
(Elected and nominated) take part in the impeachment process of the President.
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Assembly members are not permitted to take part
in the impeachment process of the President of India.
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The charges should be signed by 1/4th
of the members of the house.
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14 days notice is given to the President.
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After it is passed by the 2/3rd
majority of the total membership of the house it is sent to the other house.
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If the other house also passes the same with 2/3rd
majority of the total then the President stands impeached.
· Note: No Indian President has been impeached so far.
ARTICLE 62: VACANCY:
The Vacancy occurs
ü On the expiry of tenure of 5 years
ü Resignation
ü Impeachment
ü Death
ü Otherwise. (If the election of the President is
declared void by the Supreme Court).
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In case of vacancy in the office of the
President the Vice President acts as the President. In case of vacancy in the
office of the Vice President the Chief Justice of India acts as the President.
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In case of vacancy the election should be held
within a period of six months.
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The newly elected President remains in office
for a full term of five years.
POWERS AND FUNCTIONS OF THE PRESIDENT:
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EXECUTIVE POWERS:
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All executive actions of the Government of India
are formally taken on the name of the President of India.
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The President appoints the Prime Minister.
(Article 75 (1)).
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All other ministers are also appointed by the
President on the advice of the Prime Minister. (Article 75 (1)).
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The President allocated the business among the
ministers.
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The President appoints Attorney-General of
India.
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The Comptroller and Auditor General.
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The Chief Election Commissioner and other
Election Commissioners.
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The Chairman and Members of Union Public Service
Commission (UPSC).
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The Chairman and Members of Joint Public Service
Commission (JPSC).
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The Chairman and Members of Finance Commission.
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The Governors of states
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Appoints administrators to Union Territories.
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Appoints Commissions to investigate into
conditions of SCs, STs and Other Backward classes.
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Appoints the inter-state council to promote
centre-state cooperation.
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LEGISLATIVE POWERS: ARTICLE 85)
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President is a part of Parliament
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The President
· Summon the Parliament.
· Prorogue the Parliament.
· Dissolves Loksabha.
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Note: (Rajya Sabha is a permanent house it
cannot be dissolved).
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Summon the Joint session of the Parliament (Article 108).
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Note: The Speaker presides over the Joint
session of the Parliament.
So far Joint Session was conducted for 3 times.
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Dowry Prohibition Bill 1960: As the Lok Sabha did not agree to the amendments made by the Rajya
Sabha , a joint session was held on May 6, 1961.
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Banking Service Commission (Repeal)
bill 1977: The Rajya Sabha rejected the
bill after it is passed in the Lok Sabha. A joint Sitting was held on May 16,
1978.
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Prevention of Terrorism Bill 2002: The bill was passed by the Lok Sabha but, rejected by the Upper House.
A joint sitting was held on March 26, 2002.
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ARTICLE 86: Address the Parliament at the
commencement of the 1st session every year (after January 1st,
generally this is the budget session, Please follow carefully) and also at the
commencement of the 1st session after general election (lok Sabha
Election)
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Nominates 12 members to Rajya sabha from the
persons with special knowledge or practicle experience in Science, Arts,
Literature and Social Service.
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Nominates 2 members to Lok Sabha from the
Anglo-Indian community. (If in the opinion of the President that the Community
is not adequately represented in the Lok Sabha)
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Decides the question of disqualification of the
members of the parliament in consultation with the Election Commission.
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Budget is introduced in Lok Sabha with the prior
permission of the President.
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A bill which is meant for the creation of a new
state or altering the boundaries of the existing states introduced in the
parliament with the Prior permission.
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A bill becomes an Act after the assent of the
president.
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President has the right to return the bill for
reconsideration. Second time he must sign the bill. (Applicable for ordinary
bills only)
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President cannot return Money bills and
constitution amendment bills).
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Promulgates ordinances when the Parliament is
not in the session. (Article 123). The
ordinance must be passed by the Parliament within 6 weeks from its reassembly.
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The President lays the reports of CAG, UPSC,
Finance Commission etc before the Parliament.
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FINANCIAL POWERS:
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Money bills are introduced in Lok sabha with the
prior permission of the President. (Note: All money bills are first introduced
in Lok sabha).
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Annual Financial Statement (Budget) is laid
before the Lok Sabha with the prior permission of the President.
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President can make advances out of the
Contingency Fund of India to meet any unforeseen expenditure.
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The President constitutes the Finance Commission
(Article 280) every 5 years.
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JUDICIAL POWERS:
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Appoints the Judges of Supreme Court and High
Courts.
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Seeks advice from the Supreme Court (Article
143). The advice rendered by the Supreme
Court is not binding on the President.
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DIPLOMATIC POWERS:
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International treaties are concluded by the
President. (Subject to the approval of the Parliament).
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Represents India in international forums.
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Sends and receives diplomats like ambassadors,
high Commissioners and so on.
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MILITARY POWERS:
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President is the Supreme commander of the armed
forces.
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In this capacity appoints the Army Chief, the
Navy Admiral and the Air Marshall.
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President can declare war and peace. (Subject to
the approval of Parliament).
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EMERGENCY POWERS:
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The Constitution of India granted 3 types of
emergency powers to the President of India.
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National Emergency (Article 352)
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State Emergency or President’s Rule (Article
356)
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Financial Emergency (Article 360)
(The Emergency powers are discussed in detail in Emergency
Provision Chapter. Uploaded later).
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VETO POWERS: This is the authority of the
President to withhold assent to the bills passed by the Parliament. (A bill is introduced in Parliament, after it
is passed by both the houses with the assent of the President bill becomes an
act).
Note: This is with reference to ordinary bills only and not Money bills and constitutional amendment bills.
CLASSIFICATION OF VETO POWERS:
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Absolute veto
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Suspensive veto
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Pocket veto
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Absolute Veto: The power of the President to
withhold the assent to a bill passed by the Parliament.
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Suspensive Veto: The President returns the bill
for the reconsideration of the Parliament. If the bill is again passed by the
Parliament with or without amendments, it is obligatory for the President to
give assent to the bill.
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Pocket veto: The President neither rejects nor
returns the bill, but simply keeps the bill pending for an indefinite period of
time.
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The President can also exercise pocket veto with
respect to the state legislations.
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When a bill is passed by the state legislature
and sent to the Governor for his consent. Under Article 200 of the constitution
the Governor
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May give assent to the bill, or
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Withhold the assent to the bill, or
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May return the bill for the reconsideration by
the state legislature, or
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May reserve the bill for the consideration of
the President.
Ordinance making power:
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Article 123 of the Indian Constitution empowers
the President to promulgate (Proclaim, announce) ordinances.
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This is the most important legislative power of
the President.
1.
Ordinance can be proclaimed by the President only
during recess (when the Parliament is not in session).
2.
Ordinance can also be issued when only one house is in
session.
3.
The decision of the President to issue an ordinance can
be questioned in a court on the ground that the President prorogued one house
or both the houses of the Parliament deliberately with a view to issue an
ordinance on a controversial subject.
4.
Ordinance issued by the President must be laid before
both the houses of Parliament when it reassembles.
7.
From the date of reassembly the ordinance is valid for
a period of six weeks.
9.
The President can withdraw an ordinance at any time.
10. Ordinance
cannot
be issued to amend the constitution.
PARDONING POWERS: (Article 72):
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The
Constitution provided the President with five types of pardoning powers.
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PARDON: This removes both the sentence and the
conviction and completely absolves the convict all sentences, punishments and
disqualifications.
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COMMUTATION: This is the substitution of one
form of punishment for a lighter form.
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Death……> Rigorous imprisonment….> Simple
imprisonment…>Penalty
Atbir Singh,
lodged in Tihar Jail, New Delhi, is the first death-row convict whose
sentence has been commuted to life imprisonment by the President Pranab
Mukharjee on November 15, 2012. Atbir was convicted and sentenced to death by
a sessions court in 2004 for murder of his step mother and step brother in
1996 over a property dispute. The HC confirmed the sentence in 2006 and the
SC dismissed his appeal against the sentence in 2010. The Ministry of Home
Affairs recommended as the crime had a socio-economic basis.
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REMISSION: Reducing the period of sentence
without changing its character.
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Rigorous imprisonment (5 years) …………..>
Rigorous imprisonment (2 years)
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RESPITE: Awarding a lesser sentence in place
of one originally awarded because of some special facts.
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Ex: Pregnant woman, disabled persons etc
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REPRIEVE: This is the stay of execution of a
sentence for a temporary period
PRESIDENTS
OF INDIA
Dr. Rajendra Prasad - 1950-1962
Dr Sarvepalli Radhakrishnan 1962-1967
Dr. Zakir Hussain - 1967-1969
Varahagiri Venkata Giri - 1969-1974
Fakhruddin Ali Ahmed - 1974-1977
Neelam Sanjiva Reddy - 1977-1982
Giani Zail Singh - 1982-1987
R.Venkataraman - 1987-1992
Dr.Shankar Dayal Sharma - 1992-1997
K.R.Narayanan - 1997-2002
Dr. A.P.J.Abdul Kalam - 2002- 2007
Smt. Prathiba Patil - 2007 – 2012
Pranab Mukharjee - 2012
– till date