Union Government

UNION GOVERNMENT 

*Part 5 in Indian constitution 

*Parliment consists of President,Lok Sabha and Rajyasabha 

PRESIDENT 

*Article 52 to 78 

*Article 52 -There should be a president 

*Article 54 -Elections of President 

*Member of electoral college consisting of  elected MP'S of Loksabha and Rajyasabha,Elected MLA'S of all State legislatures and UT(Delhi,Puduchery) participate in election 

*Here nominated MP'S and MLA'S will not take part in election 

*MP-Member of Parliment,MLA-Member of Legislative Assembly 

*Value of vote of each MLA vary from state to state and value of MP will be constant 

*Election is by proportional representation by means of single transferrable vote 

*All  disputes regarding election of President is resolved by supreme court 

*Article 56-Term of office of President -5 years 

*But he can also resign from president by giving letter to vice president ,Also discharge from duties when he is impeached by Parliment when he violates constitution (Article 61) 

*Article 58- Eligibility for President 

*He should be citizen of India ,He should complete 35 years of age,Qualified for member of Loksabha,Should not hold office of profit 

*Article 59-Conditions of President office 

*Also eligible for reappointment 

*Article 61 -Impeachment of President 

*Impeachment for violation of constitution 

*Initiated by either house ,signed by 1/4 th member and 14 days prior notice to president , Resolution passed by Special majority by both houses (Here both elected and nominated MP'S of both houses  will take part but elected MLA'S of state legislatures and UT will not take part 

*Impeachment is quasi Judicial in nature 

*Oath administered by Chief Justice of India or Any other Supreme Court Judges nominates by Chief Justice of India 

*When president office is Vacant Vice President take charge as President ,If both President and Vice President vacant then Chief Justice of India will take charge as President 

POWERS OF PRESIDENT 

EXECUTIVE POWER 

*Executive powers of union of india vested with President

*Appoints Prime Minister,Council of Ministers, Attorney General, Comptroller and Auditor General, Governor,UPSC Chairman and members,Chief Election Commissioner and other Election Commissioner,Chairman and members of other Commission

*He can declare any area schedule area 

*Transaction of business of union Government 

LEGISLATIVE POWERS 

*He can Summon ,Prorogue,Dissolve Loksabha,Appoint speakers and Deputy speakers when office vacant ,Nominates 12 members to Rajyasabha,Issue ordinance (Article 123),Decides Disqualification of Member with Election Commission 

FINANCIAL POWERS

*Money bill needs prior recommendations of President ,He constitute finance Commission

JUDICIAL POWERS 

*Appoints Chief Justice of India,Judges of Supreme court and High Court,Seek advice from Supreme court (Article 143),Grant Pardon and commute punishment 

VETO POWERS 

*President can Assent,withhold or Return the bill 

*He Enjoys 3 Veto Powers (No Qualified veto ie)Override by legislature with Higher majority 

*Absolute veto-To withhold his assent to bill, then bill ends 

*Suspensive veto-When he return bill for reconsideration but it cannot give for money bills 

*Pocket veto-Simply keeping bill pending for indefinite time but it cannot use for CAB 

*President's veto power over state bills - Governor has 4 option over state bills assent,withhold,Return and Reserve for president ,If bill was reserved to president he has 3 options assent, withhold,Direct governor to return 

MILITARY POWERS 

*He is the Supreme commander of Armed forces 

*He can declare war and conclude peace on the recommendation of Council of Ministers 

*He can sign treaty or contracts or suits 

DIPLOMATIC POWERS 

*He Represent India in International forums 

*He signs foreign treaty ,Contracts and suits and must be ratified by parliament 

*He sent ambassadors,High Commissioner to other countries and organizations 

ORDINANCE MAKING POWERS 

*Article 123 

*Can promolgate only when both Loksabha and Rajyasabha not in session

*When Parliment Reassemble both house to approve to continue this act 

*Expiry 6 weeks 

*Maximum life time 6 months 6 weeks

*Only on advice of council of Ministers 

*Ordinance cannot issue to amend Constitution 

*Ordinance making power of President is Coexistence with parliament but not parallel 

PARDONING POWERS OF PRESIDENT 

*Article 72 

*Executive powers independent of Judiciary 

*Pardon-Completely Stop conviction he can pardon death sentence also 

*Commutation-It substitute to Lighter punishment ie)Changing death sentence to Life imprisonment 

*Remission-Reducing period without changing character of punishment ie)Changing 5 year imprisonment to 2 year imprisonment 

*Respite-Lesser Sentence than original due to special facts like pregnant, disability 

*Reprieve-Stay on execution for Temporary period 

DISCRETIONARY POWERS 

*Appointment of Prime Minister and Council of Ministers when no majority in Loksabha and when PM dies in office 

*Dismiss Council of Ministers if No Confidence Motion passed by Loksabha 

*Dissolve Loksabha if Council of Motion lost Majority 

EMERGENCY PROVISIONS 

*Part 18 

*National Emergency,State Emergency and Financial Emergency 

*Article 352 -National Emergency 

*War,External aggression and armed rebellion  

*He can pass National Emergency in particular area and also all over India 

*He can proclaim only after written recommendations of cabinet ministers (44thCAA) 

*It's under Judicial Review (44TH CAA) (Minerva mills case) 

Must be approved by Both Loksabha and Rajyasabha in 1 month from date of issue 

*After approval it continues for 6 Months can be extend to infinite with approval of every 6 Months  

*President must revoke if Loksabha (1/10)th MP'S given written notice to speaker 

*Revocation is by simple majority 

*State Govt is not suspended but complete control on  union Government 

*Parliment can make laws on state list  

*President can modify distribution of revenues of states 

*Loksabha term can extend 1 year  but extension cannot continue beyond 6 months after emergency ceased to operate 

*Article 358 automatically suspends Article 19 on Emergency on External Aggression 

*Article 359-Suspension of other Fundamental Rights except Article 20 and Article 21 

*Article 356-President Rule in states or State Emergency 

*President to proclaim if satisfied action with/without Governor's report 

*Article 365-If state fails to comply with directions of centre 

*Must be approved by both Loksabha and Rajya Sabha within 2 months from date of issue 

*After approval it continues for 6 months and can be extended for maximum 3 years with approval of parliament 

*Revoke by president any time and no Parliamentary approval needed 

*President dismiss state council of minister 

*Governor on behalf of center carry administration 

*State Legislative Assembly not dissolves automatically 

*Article 360-Financial emergency 

*He proclaim when the situation arises 

*Must be approved by Loksabha and Rajyasabha in 2 months and passed by simple majority 

*Continue indefinitely till it revoked 

*No maximum period specified 

*No Parliment approval needed for it's continuation 

*Can be revoked by anytime by president and no need Parliment approval 

*Centre direct state to observe Financial property, reduction in salaries and allowance, reservation of all money and financial bills to president 

PRESIDENT RELATIONSHIP WITH PRIME MINISTER 

*Article 74-council of minister advice president 

*Article 78-Duty of Prime Minister to communicate to president all decision of council of Ministers 

VICE PRESIDENT OF INDIA 

*Second highest office 

*Modelled on American vice president  

*Article 63 -There should be VP 

*Article 66-Election for Vice president of india 

*Electoral college consisting of Both elected and Nominated MP'S in both Loksabha and Rajyasabha elects vice president of india

*Here MLA'S of state Legislature and UT will not take part 

*Dispute regarding election of VP is resolved by Supreme court 

*President administers oath for VP 

*Election by proportional representation by single transferrable vote 

*Qualifications- He should 35 years of age ,Citizen of india,not hold any office of profit 

*Term -5 years and can be remove from office by resolution of Rajyasabha passed by Special majority and agreed by Loksabha 14 days notice given ,No grounds for removal mentioned,He can also give resignation letter to president 

*Article 64-Vice president is Ex-Officio Chairman of Rajyasabha and his power is similar to Speaker of  Loksabha 

*VP acts as President when there is vacancy in President office due to death,resignation or impeachment of President 

*That time VP does not perform duties of Chairman of Rajyasabha