Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister
Long Answer Type Questions
Question 1.
Discuss the qualifications, mode of election and procedure for impeachment of the President of India.
Or
How is the President of India elected?
Answer:
Since India is a Republic, the President of India is elected by the people in an indirect manner for a fixed time. As to what method should be adopted for the election of the President, there was no unanimity of opinion in the Constituent Assembly. One suggestion was that the President should be directly elected by the people.
It will not only be in consonance with the democratic principles but it will also make the President the direct representative of the people. This proposal was rejected on the ground that such a method will unnecessarily convulse the nation, particularly when he was being made the nominal head of the State. The other proposal was that the President should be elected only by the members of the Union Parliament.
This proposal was equally rejected because in that case the President would become a puppet in the hands of the majority party. That would rob him of all his appearance of independence and dignity. In order to uphold the federal principle, it was finally agreed that the States should also be given a share in the election of the President.
Qualifications:
The Constitution prescribes the following qualifications for a presidential candidate-
- He should be a citizen of India.
- He must have completed the age of 35 years.
- He must be qualified to be elected as a member of the Lok Sabha.
- He must not hold any office of profit under the Government of India or any State Government or local authority.However, this provision is not applicable to a person who holds the office of the President, Vice-President, Governors and Ministers of the Central and State Government.
- He cannot at the same time be a member of the Parliament or a member of State Legislature; his seat will be deemed to have been vacated on the date he assumes his office as President.
- According to Presidential and Vice-Presidential Elections Act, the candidate for the office of president must deposit Rs. 15,000 as security.
- The name of the candidate for the office of President must be proposed by 50 electors and seconded by 50 electors.
Method of Election:
Following are the features of the election of the President of India-
1. President elected by an Electoral College:
The President of India is elected by an electoral college consisting of the elected members of the Lok Sabha, the elected members of the Rajya Sabha and the elected members of the State Legislative Assemblies.
2. System of Proportional Representation:
The election of the President is held in accordance with the system of proportional representation by means of the single transferable vote.
3. Uniformity of Representation:
According to the Constitution, as far as possible, there is to be maintained uniformity of representation of the different States at the presidential election and parity between the States as a whole and the Union. In other words, in the election of the President, the principle of ‘One member- One-vote’ had not been and could not be adopted. In different States different ratios prevail between the population and the number of legislators.
The Constituencies in the different States are unequal in the matter of population. For example, in one State it may be one representative for every 50,000 of the population while in another the proportion may be one to 75,000 or more. Thus since the States differ in their population, the strength of the elected members of the State Legislative Assemblies also differs. Then, the total strength of the elected members of the State Legislative Assemblies is far greater than that of the elected members of both the Houses of Parliament. That being so, the problem was to ensure that the votes cast will have a value in proportion to the population that the votes represented.
4. Procedure of determining the votes of the Members of the State Assembly:
Article 55(4) of the Constitution lays down the procedure of determining the votes of the member of the State Assembly, which is as follows:
If the remainder is less than 500, it is ignored.
If it is more than 500, then the vote of each member shall be further increased by one.
For example, in 2017 population of Punjab was 27,704,236 and the Legislative Assembly of Punjab consists of 117 members. Hence each member was entitled to cast 237 votes:
5. Procedure of determining the votes of the Members of the Parliament:
The Constitution lays down the following procedure of determining the votes of the member of Parliament.
Fraction exceeding one-half being counted as one. Let us explain this formula also by taking an example. Suppose the total number of votes assigned to the elected members of all the State Legislative Assemblies is 424856 and the total strength of elected members of the Parliament is 705. Now to obtain the number of votes which elected member of the Parliament will have at the election of the President:
In the presidential election in July 2017, the number of votes of each member of the Parliament entitled to vote was 708.
Total votes of the elected member of State Assemblies = 5,49,495
No. of elected members of the Parliament = 776 (Lok Sabha 543 + Rajya Sabha 233)
No. of votes of each member of the Parliament = \(\frac {5,49,495 }{776}\) = 708
Total votes of the members of the Parliament = 708 x 776 = 5,49,408
Total votes of the electoral college = 5,49,495 + 5,49,408 = 10,98,903
6. Vacant Seats in Electoral College:
The President of India, as said, is elected by an electoral college. Now the question arises if the electoral college is not complete, how to proceed with the election of the President. Our Constitution was not clear on this point. To remove this flaw 11th Amendment (1961) was made in the Constitution.
According to this amendment, the election of the President or the Vice-President cannot be challenged on the ground of any vacancy in the electoral college for whatever reason among the members of the electoral college electing him.
7. Method of Fixing the Quota:
Under the system of Proportional Representation a candidate to be elected, must secure the necessary quota of votes. The quota is determined by the following formula:
Suppose the total number of valid votes polled at the presidential election is 8,00,000. Applying the above-mentioned formula, the quota shall be:
\(\frac {800000}{1+1}\) + 1 = 4,00,001
In order to be elected, the candidate must secure 4,00,001 votes-an absolute majority of votes. If the first counting does not give any candidate the quota of votes, the candidate who got the least number of votes is eliminated and his votes transferred to the remaining candidates on the basis of the preferences shown. The process is repeated until one candidate gets the requisite number of votes. Let us explain the system in detail.
Assuming that there are four candidates and the total number of valid votes cast are 15,000.
To be declared elected President, a candidate must secure a minimum of 7501 votes. Now suppose the first preference votes secured by the four candidates are as follows:
A—5250
B—4800
C—2700
D—2250
Since the candidate D gets the least number of votes, hence he is eliminated. Now the second preference votes on his 2250 ballot papers shall be counted.
Suppose A gets 300, B gets 1050 and C gets 900.
Now the total votes of A are 5250 + 300 = 5550, of B are 4800 + 1050 = 5800 and of C are 2700 + 900 = 3600. It means even now no candidate is securing the requisite quota of 7501 votes.
Now candidate C shall be eliminated because he got the least number of votes. Now third preference votes on the 3600 votes of C shall be counted. In the third preference suppose A gets 1700 and B gets 1900.
Now the total votes of A are 5550 + 1700 = 7250
Total votes of B are = 5850 + 1900 = 7750
According to the Proportional Representation system, B shall be declared President. The system proves the doctrine that candidate B is preferred by a numerically large number of electors than candidate A. It may be recalled that the election of Mr. V. V. Giri was decided in the Second Count. “It made the people realise the significance of the system of proportional represenataion by means of single transferable vote.”
So far fifteen presidential elections have been held in India:
- First election was held in 1952 and Dr. Rajendra Prasad was elected.
- Second election was held in 1957 and again Dr. Rajendra Prasad was elected.
- Third election was held in 1962 and Dr. Radhakrishnan was elected.
- Fourth election was held in 1967 and Dr. Zakin Hussain was elected.
- Fifth election was held in 1969 and Shri V. V. Giri was elected.
- Sixth election was held in 1974 and Shri Fakhruddin Ali Ahmed was elected.
- In July, 1977, for the first time, Shri Sanjiva Reddy was nominated by a consensus of all paries and was elected unopposed.
- Eighth election was held in July, 1982 and Congress (I) candidate Giani Zail Singh was elected and opposition candidiate Justice Khanna was defeated.
- Ninth Presidential election was held in July, 1987 and Congress (I) candidate R. Venkataraman was elected and opposition candidate Justice V. R. Krishna Iyer was defeated.
- Tenth Presidential election was held in July, 1992 and Congress (I) candidate Dr. Shankar Dyal Sharma was elected and opposition candidate was defeated.
- Eleventh Presidential election was held in July 1997. Joint candidate of United Front and Congress Mr. K. R. Narayanan supported by BJP and others was elected and Mr. T. N. Seshan was defeated. Mr. K. R. Narayanan secured 94.97 per cent of the votes.
- Twelfth Presidential election was held in July, 2002. Joint candidate of rulling National Democratic Alliance Dr. A.P. J. Abdul Kalam supported by Indian National Congress, Bahujan Samaj Party, Samajvadi Party, Janata Dal and others was elected and Capt. Lakshmi Sahgal, the opposition candidate supported by Communist Parties was defeated.
- 13th Presidential election was held in July 2007, joint candidate of United Progressive Alliance Mrs. Pratibha Devi Singh Patil was elected and Independent Candidate Mr. Bhairon Singh Shekhawat was defeated.
- 14th Presidential election was held in July 2012. Candidate of UPA and Supported by S.P., B.S.P., Janata Dal (U) and Shiv Seva, Mr. Pranab Mukherjee was elected and independent candidate Mr. P.A. Sangma was defeated.
- 15th Presidential election was held in July 2017. Candidate of N.D.A. Sh. Ram Nath Kovind was elected and U.P.A. candidate Smt. Meera Kumar was defeated.
The election of the President is conducted by the Chief Election Commissioner. He issues the notification and fixes dates for nomination, scrutiny of nomination and withdrawal of candidature. Only those eligible to vote in the election of the President, i.e. elected members of Parliament and elected members of the State Legislative Assemblies can propose a candidate for election. The Chief Election Commissioner counts the votes cast and declares the result.
The validity of the election of the President can be challenged by the electors only. The election of the President can be challenged only after the completion of the election, i.e., after a candidate is declared to be elected to the office of the President. If a petition is allowed before such election, it would involve the non-compliance with the mandatory provisions of Art. 62 which says that an election to fill a vacancy caused by the expiration of the term of the office of the President shall be completed before the expiration of the term.
Oath of the President:
Before entering upon his office, the President elected or any person acting as President for discharging the functions of President, is required to take an oath in the presence of the Chief Justice, or in his absence, the senior-most judge of the Supreme Court available.
Tenure:
The President is elected for a period of five years. The period of five years begins from the day he enters upon his office. The President is eligible for re-election.
Removal by Impeachment:
The President can be removed from office by impeachment only. The Constitution lays down a detailed procedure for the impeachment of the President. He can be impeached “for violation of the Constitution”.
When a President is to be impeached for the violation of the Constitution, the charges can be prepared by either House of the Parliament. In other words, the impeachment charged may be initiated by the Lok Sabha or the Rajya Sabha. (in the United States of America, this right belongs exclusively to the Lower House, i.e., the House of Representatives). But no such charge is to be preferred unless the proposal to prefer such a charge is contained in a resolution which has been moved after at least 14 days’ notice in writing signed by not less than one-fourth of the total number of members of the House.
The resolution must be passed by a two-third majority of the total membership of the House. If passed by the requisite majority in one house, it is sent to the other House for investigation. The other House is empowered to entrust this job of investigation to a court or tribunal.
However, the resolution had got to be passed by the other house by a two-third majority of the total membership of this House. If the other House also passes the resolution by a two-third majority of the total membership of this House, then it means the charge is proved and the President is removed from his office from the ‘date’ (word ‘time has not been used’) on which the investigating House passes the resolution.
However, the President has the right to be heard and defended when the charges against him are being investigated. He may defend himself in person or through his council. One thing to be noted here is that there is no provision for suspension of the President under impeachment. He continues to hold his office during the period of investigation.
Salary and Allowances:
The President of India gets a salary of Rs. 5,00,000 per month and an official residence (called Rashtrapati Bhavan in New Delhi) free of rent. In addition to the salary, the President also gets handsome allowances of various kinds as determined by Parliament. According to the President’s Pension Act, a person who ceases to hold office as President, either by expiration of his term of office or by resignation, is entitled to a monthly pension of Rs. 2,50,000. The Government may also allow him a free medical aid as was done in the case of Dr. Rajendra Prasad.
The salary and other allowances of the President are charged on the Consolidated Fund of India. According to Art. 59 (4), the emoluments and allowances of the President shall not be diminished during his term of office.
Question 2.
Describe the powers of the President of India
Or
Discuss the executive and judicial powers of the President.
Or
Explain the powers of the President of India other than emergency powers.
Answer:
The Constitution of India establishes a federal form of government.
According to Art. 53, the executive powers of the Union have been vested in the President which shall be exercised by him directly or through officers subordinate to him in accordance with the Constitution. However, India being a parliamentary form of government, the President is only a nominal head and the working executive is the Council of Ministers headed by the Prime Minister.
The powers of the President can be divided into two categories-
(A) Powers in normal times and
(B) Emergency powers.
(A) POWERS IN NORMAL TIMES:
During normal times the President exercises four types of powers:
1. Executive Powers
2. Legislative Powers
3. Financial Powers
4. Judicial Powers.
1. Executive Powers:
The President is the Chief Executive or Head of the State. According to Art. 53 (1) of the Constitution, the executive powers of the Union have been vested in the President. He may exercise these powers himself or get them exercised through officers subordinate to him.
(i) Appointments:
The President is authorised to make a number of appointments. He appoints the Prime Minister and the other Ministers on the advice of the Prime Minister, the Attorney General, the Comptroller and the Auditor General, Judges of the Supreme Court and the High Courts, the Chairman and Members of Joint Public Service Commission, the Chairman and members of Joint Public Service Commission, the Election Commission, Finance Commission, the Official
Language Commission and Commission for the Scheduled Castes, Tribes, Backward Classes, etc. He also appoints the State Governors, Lt. Governors and Chief Commissioners of the Union Territories. He also sends and receives diplomatic representatives. He makes rule for the convenient transaction of business of the Government of India and allocates this business among the Ministers. Under Art. 78, the Prime Minister is bound to communicate to the President all decisions of the Cabinet relating to administration and such proposals for legislation as the President may call for.
(ii) Military Powers:
The President is the Supreme Commander of the Defence Forces, but the exercise of military powers of the President is regulated by the Parliament. The President cannot declare war or deploy forces without the sanction of the Parliament or in anticipation of the sanction by the Parliament.
(iii) Power Relating to Foreign Affairs:
The President has extensive diplomatic powers. He represents his country in international affairs. He appoints Indian representatives to foreign countries and also receives diplomatic representatives of other States which have been recognised by Parliament.
(iv) Power of Direction, Control and Co-ordination:
The President has the power of direction, control and co-ordination of the work in the States. He can issue directions to the States for the compliance of Union laws. In particular, he can direct a State or States to construct and maintain communications of national or military importance and for the protection of railways. He can establish an Inter-State council to advise him upon co-ordination of policy and settlement of disputes between the States.
(v) Administration of Union Territories:
Art. 239 provides that every Union Territory shall be administered by the President acting through an administrator. The administrator, given any designation by the President, is appointed by the President. The President may appoint the Governor of a State as the administrator of an adjoining Union Territory. When the Governor is discharging the duties of the administrator he shall exercise his functions as administrator independently of his Council of Ministers.
The Parliament by law can establish democratic institutions in the Union Territories. The President can make regulations for the peace, progress and good government of the Union Territory of the Andaman and Nicobar Islands and the Laccadive, Minicoy and Amindivi Islands. The regulations made by the President have the same effect as an act of Parliament. The President is also competent to repeal or amend, through such regulations, any existing Act dealing with the administration of these Islands.
(vi) Informative Powers:
The President had a right to ask for information with regard to the decision of the Council of Ministers. The Prime Minister is required to keep in touch with the President for this purpose.
(vii) Sending back the decision of the Council of Ministers for reconsideration:
Under 44th amendment the President is empowered to send back the decision of the Council of Ministers for reconsideration, but if the council of Ministers repeats the decision, then the President is bound to accept the decision.
(viii)Link between the Centre and States:
The President is the link between the centre and the states. He is the executive head both of the union and of the federation.
2. Legislative Powers:
The President enjoys many legislative powers. He is a part of the Parliament. Besides the Lok Sabha and Rajya Sabha, the President is also a part of the Parliament. The legislative powers of the President are provided by Article 123.
(i) Power to Summon:
Prorogue and Dissolve the Parliament. The President can convene, prorogue and dissolve the Parliament. He can order fresh elections to the Lok Sabha on the recommendation of the Prime Minister. He must call the session of the Parliament within 6 months.
(ii) Address to the Parliament:
He can address the two Houses of the Parliament jointly or he may address them independently. The first session of the Parliament after the General elections is inaugurated by the President. He also addresses the first session of the Parliament every year. In his address the President explains the policy of the Government to the House.
(iii) Nominates the Members of the Parliament:
He nominates 12 persons to the Rajya Sabha. These persons must have distinguished themselves in the fields of art, literature, science and social service. He can nominate two persons of the Anglo-Indian community to the Lok Sabha if he feels that the community has not got adequate representation.
(iv) Assent on Bills:
No bill passed by the Parliament can become an Act without the assent of the President. He can reject an ordinary bill only once and when passed for the second time, the President is to give his assent.
(v) He gives approval to many bills passed by the State Legislatures.
(vi) Joint Session:
He can call a joint session of the two Houses of the Parliament. If the two Chambers differ on an ordinary bill, only then he calls a joint session.
(vii) Power to Send Messages: He can send messages to any House from time to time.
(viii)Ordinance:
During the intervals of the sessions of the Parliament he can issue ordinances. These ordinances have the force of laws. The ordinance is put before the Parliament as soon as it meets. The Parliament has the authority to reject the ordinance. It can be withdrawn by the President also. If it is neither rejected by the Parliament nor withdrawn by the President, it will automatically end six weeks after the first meeting of the Parliament. On Sept. 22, 1980 the President promulgated the National Security Ordinance to enable the government to detain any person to prevent him from acting against the defence or security of the country.
(ix) Constitutional Amendment Bill:
A Constitutional Amendment Bill is finally sent to the President for his assent. The President is bound to give his assent to the Constitutional Amendment Bilk
3. Financial Powers:
The financial powers of the President as mentioned in the Constitution are as follows:
(i) It is the duty of the President to place the Budget for the current year before the Parliament. It is to be presented before the beginning of the financial year. Normally the budget is presented to the Parliament by the Finance Minister on behalf of the President.
(ii) Money Bills can only be introduced in the Parliament on the recommendation of the President.
(iii) The President has full control over the contingency fund and he can spend it according to his sweet will.
(iv) He distributes the share of income tax among the States.
(v) He appoints Finance Commission. 15th Finance Commission was appointed on 27 Nov.- 2017 in the Chairmanship of Sh.N.K. Singh.
4. Judicial Powers:
The President has some judicial power also. It is provided by Article 122 of the Constitution.
- The President appoints the judges and the chief justice to the Supreme Court and the State High Courts.
- The President cannot be sured in any court of India in connection with any matter concerning his office.
- He has the power to pardon, reprieve and commute punishment.
(B) EMERGENCY POWERS
Besides powers in normal times the President of India has Emergency Powers as well. The President enjoys three types of emergency powers:
1. Emergency due to external aggression or armed rebellion.
2. Emergency arising out of failure of the constitutional machinery a State.
3. Financial emergency.
For detailed study of Emergency Powers:
1. Emergency arising out of external aggression or Armed Rebellion:
According to Art. 352 if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may proclaim a state of emergency. Under 59th amendment in Punjab emergency can be declared on the ground of internal disturbances. The President can declare emergency even before the actual occurrence of war, external aggression or armed rebellion.
But in the 44th Amendment it is provided that the President shall not issue a proclamation of Emergency unless the decision of the Cabinet that such a proclamation may be issued has been communicated to him in writing. According to 42nd Amendment, President can declare emergency in the whole of India or in such part of the territory there of as may be specified in the proclamation. Such a Proclamation may be revoked by a consequent proclamation. If the proclamation has not been approved within one month by both the Houses of Parliament by two-thirds of the majority of the members present and voting, it will become ineffective. If such a
proclamation is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month, and if the Rajya Sabha has approved the proclamation within one month, but it had not been approved by the Lok Sabha, the proclamation shall cease to operate at the expiration of 30 days from the date on which the Lok Sabha sits after its reconstitution. However, if within 30 days the Lok Sabha approves the proclamation, it continues.
After approval of the Parliament emergency continues till the President revokes it by a subsequent proclamation. But it is provided in the 44th Amendment that for the continuance of the emergency, approval by resolution of both Houses would be required every six months. Provision is also made in the 44th Amendment that the proclamation of Emergency would cease to be opeative whenever a resolution to that effect is adopted by the Lok Sabha by a simple majority of the members of the House present and voting.
Ever since the operation of the Constitution (Jan. 26, 1950), such an emergency has been declared three times. First, when India was attacked by China in October, 1962 and second when all of a sudden, Pakistan attacked India on December 3, 1971. Third time internal emergency was declared on 26th June, 1975 and this emergency was-removed on 21st March, 1977 whereas external emergency declared in 1971 was lifted on 27th March, 1977.
Effects of this Proclamation:
1. The most significant effect of this proclamation is that the federal form of the Constitution is converted into unitary form of government. The authority of the Centre is increased till the emergency lasts. It should be remembered the State Governments do not cease to function. They continue, to function as before under normal conditions. But the Centre gets the authority to give directions to the States as the manner in which the executive power of the States is to be exercised. The legislative power of the Centre is also widened.
2. Parliament will have the power to make laws for the whole or part of India with respect to any of the matters given in the State List. Laws so made by Parliament shall cease to operate six months after the Proclamation of Emergency has come to an end.
3. The President, may by an order, modify the provisions relating to distribution of revenues between the Union and the States.
4. The Fundamental Rights given under Art. 19 (six freedoms) are automatically suspended throughout the country. The suspension of Art. 19 continues until the proclamation of emergency ends. However, under 59th Amendment this right can be suspended when emergency is declared in Punjab.
5. The President by order can also suspend the right to move the courts to enforce any Fundamental Rights. All proceedings pending in any court for the enforcement of the rights so mentioned may remain suspended for the period during which Proclamation is in force or for such short period as may be specified in the order. But according to 44th Amendmenl the enforcement of the right to life and personal liberty under Article 21 cannot be suspended. The order so made may extend to the whole or to any part of the territory of India. However, the order of the
parliament is required to be laid before each House of Parliament “as soon as may be after it is made.” And what is the definition of ‘as soon as may be’, the constitution does not fix any time limit for the order to be laid before Parliament.
2. Emergency arising out of the failure of constitutional machinery in a State. (Art. 356):
The second type of emergncy powers given to the President deal with the failure of constitutional machinery in the State. If the President, either on the receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President can proclaim emergency in that state.
In May, 1994, the Supreme Court had declared that dismissal of a state government by the President under Article 356 of the Constitution is open to judicial scrutiny. The apex Court had held that presidential proclamation under Article 356 could be challenged only on the ground that the exercise of power was malafide or based on wholly extraneous and irrelevant grounds.
Any proclamation made under Art. 356 may be revoked or varied by a subsequent Proclamation. The Proclamation issued by the President is required to be laid before each House of Parliament and it ceases to operate after the expiry of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. If approved by Parliament, the Proclamation, remains in force for six months after the parliamentary approval. The duration of the proclamation can be extended for six months at a time and the maximum period is one year.
According to 44th Amendment, a resolution with respect to the continuance in force of a Proclamation under the article for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless a Proclamation of Emergency is in operation at the time of the passing of such resolution and the Election Commission certifies that the continuance in force of the proclamation under the Article during the period specified in such resolution is necessary on account of difficulties in holding elections to the Legislative Assembly of the State concerned.
Under 59th Amendment in Punjab President’s rule can be extended up-to three years. Under 64th Amendment President’s rule in Punjab was extended six months more beyond three years. By 68th amendment President’s rule in Punjab can be extended up-to 5 years.
Effects of this Proclamation:
(i) The President can assume to himself all or any of the functions of the State or he may vest all or any of those functions in the Governor or any other executive authority.
(ii) The President can suspend or dissolve the State Legislative Assembly. He may declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament. However, Parliament will be competent to confer that power on the President and also authorise him to delegate those powers to anybody he thinks fit. .
(iii) The President can make any other incidental or consequential provisions necessary to give effect to the object of the Proclamation.
(iv) If the Lok Sabha is not in session then the President sanctions the expenditure from the consolidated fund of the State.
President’s rule has been promulgated almost 121 times in states since the enforcement of the Constitution. Almost all the States have been, at one time or the other, been put under President’s Rule.
3. Financial Emergency (Art. 360):
If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Art. 360 of the Constitution. Such a Proclamation may be revoked by a subsequent Proclamation. The proclamation has to be laid before each House of Parliament.
It ceases to operate at the expiration of two months unless it is approved earlier by a resolution of both Houses of Parliament. The Proclamation in this case also should be approved by Parliament as in the other two cases of emergency. Like the Proclamation of war-emergency, Financial Emergency also continues for an indefinite period. Fortunately, this kind of Emergency has not been declared so far.
Effects of this Proclamation:
(i) During the Financial emergency, the executive authority of the union shall extend to the giving of directions to any State to observe such canons of financial property as may be specified in the direction or any other directions which the President may deem necessary for this purpose.
(ii) The President can ask a State to reduce salaries and allowances of all or any class of public servants connected with the affairs of a State.
(iii) The President can give direction to a State to reserve all Money Bills for the consideration of the President after they have been passed by the State Legislature.
(iv) The President shall be competent to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the judges of the Supreme Court and the High Courts.
Criticism:
Evidently the Constitution gives the President very drastic powers to deal with Emergency. Emergency powers of the President were criticised within and outside the Constituent Assembly. It has been said that these powers are not compatible with democracy. When the provisions relating to Emergency powers were passed, Sh. H. V. Kamath, member of the Constituent Assembly, declared, “ It is a day of shame and sorrow, God save the Indian people.”
Sh. K. T. Shah described Article 359, which empowers the President to suspend the right to seek enforcement of fundamental rights “as the grand final and crowning glory of this chapter of reaction and retrogression.” The power to abrogate fundamental rights of citizens during Emergencies can easily be abused for depriving the people of their liberty and imposing a totalitarian rule on the country.
According to H. V. Kamath, “ There is no parallel to the chapter of Emergency in any Constitution of democratic countries of the world”. He further said,, “I fear that by the single chapter we are seeking to lay the foundation of a totalitarian State, a police State, State completely opposed to all the ideas and principles that we have held aloft during the last few decades, a State where the rights and liberties of millions of innocent men and women will be in continuous jeopardy, a State where if there be peace it will be the peace of the grave and the void of the desert. I only pray to God that He may grant us wisdom, wisdom to avert any such catastrophe, grant us fortitude and courage.”
Another point of criticism is that during Emergency federal structure is changed into unitary one. T. T. Krishnamachari said, “The Constitution of India is designed to work as a federal system in normal times and as a unitary system in war and other emergencies.” Moreover, ruling party at the Centre by using Article 356 can declare President’s rule in a particular State simply because some other party is ruling the State. Article 356 was misused when nine state governments were dismissed on 30th April 1977 and in Feb 1980.
Justification of Emergency Powers. Emergency powers of the President are defended on the ground that Strong Centre is needed for security of the country. V. N. Shukla writes, “ These provisions may appear to be harsh, particularly in a constitution which professes to be built upon an edifice of fundamental rights and democracy. But the provisions may be studied in the light of India’s past history. India has had her inglorious days whenever the Central power was weak.
It is well that the Constitution guards against the forces of disintegration. Events may take place threatening the very existence of the State, together with all that is desired to remain basic and immutable will be swept away.” Country’s security is more important than the federal system. In the words of Dr. Ambedkar, “ It is only the Centre which can work for the common purpose and for the general interest of the country as a whole. Herein lies the justification of giving to the Centre overriding power to be used in the Emergency.”
It is not possible for the President to become a dictator. In India there exists a parliamentary form of Government. The essence of parliamentary form of Government is that the Head of the State is a nominal head. It is the Council of Ministers which is the real executive.
According to 44th Amendment, an Emergency can be proclaimed only on the basis of written advice tendered by the cabinet. In addition a Proclamation of Emergency must be approved by the two Houses of parliament by two-thirds majority within a period of one month.
As a further check against the misuse of the emergency powers and to put the right to life and liberty on a secure footing, it is provided in 44th Amendment Act that the power to suspend the right to move the court for the enforcement of a fundamental right cannot be exercised in respect of the fundamental right to life and liberty.
According to 44th Amendment the provisions of Article 19 will become suspended only in the case of a proclamation of Emergency issued on the ground of war or external aggression and not in the case of a Proclamation of Emergency issued on the ground of armed rebellion. Moreover, if the President tries to become a despot, he will be impeached by the Parliament.
There is no question of autocracy under any circumstances. Only State autonomy may suffer temporarily.” Sh. Amar Nandi rightly remarked that the power conferred on the central executive to meet national emergencies is, so as to say, a loaded gun which can be used both to protect and to destroy the liberty of citizens. The gun must be used, therefore, with extreme caution.
Position of the President:
What exactly is the position of the President in the Indian Constitution? Different writers have taken different and sometimes radical views. A lay man who reads the provisions of the Constitution may literally interpret them and come to the conclusion that he has been armed with drastic powers. His Emergency Power “is a bottomless well of dictatorial possibilities”. Under Art. 53 of the Constitution,
“The Executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution.”
It means the President can use the executive powers himself. Under Art. 74 of the Constitution there shall be a Council of Ministers to aid and advise the President in the exercise of his functions. But nowhere it had been stated that the President shall be bound to act in accordance with the advice of the Council of Ministers. Then, the President of India can dissolve Parliament, issue ordinances, declare emergency and can take into his hands the administration of the whole of the country. Being the Supreme Commander of all the forces he can establish his personal rule with the help of the armed forces of the country.
But this is a legal view. And the fact is a legal truth, may be a political untruth. In India, there exists parliamentary form of government. The essence of the parliamentary form of government is that the Head of the State is a titular head, a constitutional head. His powers are formal. It is the Council of Ministers which is the real functionary.
By 42nd amendment even legal position of the President has changed. Under this amendment he was bound to accept the advice of the Council of Ministers. But according to 44th Amendment the President may require the Council of Ministers to reconsider any advice tendered by them and that the President shall act in accordance with the advice tendered after such reconsideration, Thus, the critics argue that the position of the Indian President is one of honour and dignity but not of power.
Commenting upon the position of the President, Dr. Ambedkar had himself said in the Constituent Assembly: “The President occupies the same position as the King under the British Constitution. He is the head of the State but not of the Executive. He represents the nation but does not rule the nation.” To quote him again: “The President of the Indian Union will be generally bound by the advice of ministers.
He can do nothing contrary to their advice nor can he do anything without their advice.” According to late Pt. Nehru, “We have not given our President any real power but we have made his position one of great authority and dignity’. Expressing his views on the position of the President, Sh. Morarji Desai said, “It is wrong to think that our President is vested with any real power of rulership; in normal times he has none, under the Constitution he is merely a constitutional head, very much like the British King.”
However, all the critics do not subscribe to the view that the President under the Constitution is only a figure head. These critics draw our attention to the Weimar Constitution of Germany. The Weimar Constitution was based on thoroughly democratic lines. Yet it gave rise to a dictator, Hitler who trampled under his feet all the democratic principles of the Constitution. Similarly, Dr. Ambedkar himself used the words “ generally bound”. It shows that the President is not a rubber stamp, he is not a puppet in the hands of the Council of Ministers.
The Constitution allows him opportunities when he can use his discretion. For example, he can use his discretion in the appointment of the Prime Minister when no political party gets absolute majority in the Lok Sabha. After all, the President is a promoted politician. As Jennings has said, “He cannot be expected to play the same role of impartiality as is expected from the British Monarch.”
Under Art. 78 of the Constitution, it shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation, to furnish such information ralting to the administration to the affairs of the Union and proposals for legislation as the President may call for Under Art. Ill the President can use his veto power also.
His emergency powers are so sweeping that, as H. V. Kamath feared, he can lay the foundation of a totalitarian State, a police State…. In his address delivered on the occasion of the laying of the foundation stone of the Indian Law Institute, New Delhi in November, 1960, President Rajendra Prasad urged the Institute to make a study of the powers and functions of the President and find out to what extent they differed from those of the King of England.
He was doubtful that the position of the President is like the position of the British Monarch. He clearly pointed out that because the conditions in India were different from those in England, “ It may not be desirable to treat ourselves so strictly bound by the interpretations which have been given from time to time to expressions in England.”
His successor Dr. Radhakrishnan also expressed publicly similar views. While speaking in the civic reception at Kanpur, he said, “Jpdia was suffering because sufficient care had not been taken to explain our position abroad.” Dr. Radhakrishnan was criticising the foreign policy of the country. At the time of the assumption of his office the President has to take the oath to protect, preserve and defend the Constitution and to devote himself to the service and well-being of the people of India. No wonder, he may veto a Bill which in spirit, runs counter to the Directive Principles of State Policy.
Conclusion:
The conclusion is clear. The President is not a rubber-stamp under the Constitution. Accroding to B. Shiva Rao, the President is more than a figure-head. Even President Giri agreed to this view when he said that the country needed a “really independent and strong President who could see things straight and do justice well without fear or favour.” In his election campaign he clearly said, “If elected he would not be a sleeping partner, nor a rubber stamp
He would be an active partner within the four walls of the Constituion.” Thus, a fairly large section of the educated public opinion in the country feels that the president has a share in the actual government of the country. Even Dr. Radhakrishnan on the the day of his retirement indirectly hinted on such a role of the President when he said, “The President symbolizes national purpose and national unity and can be a great influence for stability and progress.”
The real position of the President depends upon his relationship with the Council of Ministers and, to a great extent, upon his personality. It he is a man of dynamic personality, he will have an edge over the Council of Ministers.
Question 3.
Explain emergency powers of the President.
Or
Discuss the emergency powers of the President of India. Do you agree with the view that the President can become a dictator by exercising them?
Answer:
Besides powers in normal times the President of India has Emergency Powers as well. The President can use the emergency powers even when there is the likelihood of an emergency.
1. Emergency due to external aggression or armed rebellion.
2. Emergency arising out of the failure of the constitutional machinery in the States.
3. Financial emergency.
1. Emergency arising out of external aggression or Armed Rebellion:
According to Art. 352 if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may proclaim a state of emergency. Under 59th amendment in Punjab emergency can be declared on the ground of internal disturbances. The President can declare emergency even before the actual occurrence of war, external aggression or armed rebellion.
But in the 44th Amendment it is provided that the President shall not issue a proclamation of Emergency unless the decision of the Cabinet that such a proclamation may be issued has been communicated to him in writing. According to 42nd Amendment, President can declare emergency in the whole of India or in such part of the territory there of as may be specified in the proclamation. Such a Proclamation may be revoked by a consequent proclamation. If the proclamation has not been approved within one month by both the Houses of Parliament by two-thirds of the majority of the members present and voting, it will become ineffective. If such a
proclamation is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month, and if the Rajya Sabha has approved the proclamation within one month, but it had not been approved by the Lok Sabha, the proclamation shall cease to operate at the expiration of 30 days from the date on which the Lok Sabha sits after its reconstitution. However, if within 30 days the Lok Sabha approves the proclamation, it continues.
After approval of the Parliament emergency continues till the President revokes it by a subsequent proclamation. But it is provided in the 44th Amendment that for the continuance of the emergency, approval by resolution of both Houses would be required every six months. Provision is also made in the 44th Amendment that the proclamation of Emergency would cease to be operative whenever a resolution to that effect is adopted by the Lok Sabha by a simple majority of the members of the House present and voting.
Ever since the operation of the Constitution (Jan. 26, 1950), such an emergency has been declared three times. First, when India was attacked by China in October, 1962 and second when all of a sudden, Pakistan attacked India on December 3, 1971. Third time internal emergency was declared on 26th June, 1975 and this emergency was-removed on 21st March, 1977 whereas external emergency declared in 1971 was lifted on 27th March, 1977.
Effects of this Proclamation:
1. The most significant effect of this proclamation is that the federal form of the Constitution is converted into unitary form of government. The authority of the Center is increased till the emergency lasts. It should be remembered the State Governments do not cease to function. They continue, to function as before under normal conditions. But the Center gets the authority to give directions to the States as the manner in which the executive power of the States is to be exercised. The legislative power of the Center is also widened.
2. Parliament will have the power to make laws for the whole or part of India with respect to any of the matters given in the State List. Laws so made by Parliament shall cease to operate six months after the Proclamation of Emergency has come to an end.
3. The President, may by an order, modify the provisions relating to distribution of revenues between the Union and the States.
4. The Fundamental Rights given under Art. 19 (six freedoms) are automatically suspended throughout the country. The suspension of Art. 19 continues until the proclamation of emergency ends. However, under 59th Amendment this right can be suspended when emergency is declared in Punjab.
5. The President by order can also suspend the right to move the courts to enforce any Fundamental Rights. All proceedings pending in any court for the enforcement of the rights so mentioned may remain suspended for the period during which Proclamation is in force or for such short period as may be specified in the order. But according to 44th Amendmenl the enforcement of the right to life and personal liberty under Article 21 cannot be suspended. The order so made may extend to the whole or to any part of the territory of India. However, the order of the
parliament is required to be laid before each House of Parliament “as soon as may be after it is made.” And what is the definition of ‘as soon as may be’, the constitution does not fix any time limit for the order to be laid before Parliament.
2. Emergency arising out of the failure of constitutional machinery in a State. (Art. 356):
The second type of emergency powers given to the President deal with the failure of constitutional machinery in the State. If the President, either on the receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President can proclaim emergency in that state.
In May, 1994, the Supreme Court had declared that dismissal of a state government by the President under Article 356 of the Constitution is open to judicial scrutiny. The apex Court had held that presidential proclamation under Article 356 could be challenged only on the ground that the exercise of power was malafide or based on wholly extraneous and irrelevant grounds.
Any proclamation made under Art. 356 may be revoked or varied by a subsequent Proclamation. The Proclamation issued by the President is required to be laid before each House of Parliament and it ceases to operate after the expiry of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. If approved by Parliament, the Proclamation, remains in force for six months after the parliamentary approval. The duration of the proclamation can be extended for six months at a time and the maximum period is one year.
According to 44th Amendment, a resolution with respect to the continuance in force of a Proclamation under the article for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless a Proclamation of Emergency is in operation at the time of the passing of such resolution and the Election Commission certifies that the continuance in force of the proclamation under the Article during the period specified in such resolution is necessary on account of difficulties in holding elections to the Legislative Assembly of the State concerned.
Under 59th Amendment in Punjab President’s rule can be extended upto three years. Under 64th Amendment President’s rule in Punjab was extended six months more beyond three years. By 68th amendment President’s rule in Punjab can be extended up-to 5 years.
Effects of this Proclamation:
(i) The President can assume to himself all or any of the functions of the State or he may vest all or any of those functions in the Governor or any other executive authority.
(ii) The President can suspend or dissolve the State Legislative Assembly. He may declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament. However, Parliament will be competent to confer that power on the President and also authorize him to delegate those powers to anybody he thinks fit.
(iii) The President can make any other incidental or consequential provisions necessary to give effect to the object of the Proclamation.
(iv) If the Lok Sabha is not in session then the President sanctions the expenditure from the consolidated fund of the State.
President’s rule has been promulgated almost 121 times in states since the enforcement of the Constitution. Almost all the States have been, at one time or the other, been put under President’s Rule.
3. Financial Emergency (Art. 360):
If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Art. 360 of the Constitution. Such a Proclamation may be revoked by a subsequent Proclamation. The proclamation has to be laid before each House of Parliament.
It ceases to operate at the expiration of two months unless it is approved earlier by a resolution of both Houses of Parliament. The Proclamation in this case also should be approved by Parliament as in the other two cases of emergency. Like the Proclamation of war-emergency, Financial Emergency also continues for an indefinite period. Fortunately, this kind of Emergency has not been declared so far.
Effects of this Proclamation:
(i) During the Financial emergency, the executive authority of the union shall extend to the giving of directions to any State to observe such canons of financial property as may be specified in the direction or any other directions which the President may deem necessary for this purpose.
(ii) The President can ask a State to reduce salaries and allowances of all or any class of public servants connected with the affairs of a State.
(iii) The President can give direction to a State to reserve all Money Bills for the consideration of the President after they have been passed by the State Legislature.
(iv) The President shall be competent to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the judges of the Supreme Court and the High Courts.
Criticism:
Evidently the Constitution gives the President very drastic powers to deal with Emergency. Emergency powers of the President were criticised within and outside the Constituent Assembly. It has been said that these powers are not compatible with democracy. When the provisions relating to Emergency powers were passed, Sh. H. V. Kamath, member of the Constituent Assembly, declared, “ It is a day of shame and sorrow, God save the Indian people.”
Sh. K. T. Shah described Article 359, which empowers the President to suspend the right to seek enforcement of fundamental rights “as the grand final and crowning glory of this chapter of reaction and retrogression.” The power to abrogate fundamental rights of citizens during Emergencies can easily be abused for depriving the people of their liberty and imposing a totalitarian rule on the country.
According to H. V. Kamath, “ There is no parallel to the chapter of Emergency in any Constitution of democratic countries of the world”. He further said,, “I fear that by the single chapter we are seeking to lay the foundation of a totalitarian State, a police State, State completely opposed to all the ideas and principles that we have held aloft during the last few decades, a State where the rights and liberties of millions of innocent men and women will be in continuous jeopardy, a State where if there be peace it will be the peace of the grave and the void of the desert. I only pray to God that He may grant us wisdom, wisdom to avert any such catastrophe, grant us fortitude and courage.”
Another point of criticism is that during Emergency federal structure is changed into unitary one. T. T. Krishnamachari said, “The Constitution of India is designed to work as a federal system in normal times and as a unitary system in war and other emergencies.” Moreover, ruling party at the Centre by using Article 356 can declare President’s rule in a particular State simply because some other party is ruling the State. Article 356 was misused when nine state governments were dismissed on 30th April 1977 and in Feb 1980.
Justification of Emergency Powers. Emergency powers of the President are defended on the ground that Strong Centre is needed for security of the country. V. N. Shukla writes, “ These provisions may appear to be harsh, particularly in a constitution which professes to be built upon an edifice of fundamental rights and democracy. But the provisions may be studied in the light of India’s past history. India has had her inglorious days whenever the Central power was weak.
It is well that the Constitution guards against the forces of disintegration. Events may take place threatening the very existence of the State, together with all that is desired to remain basic and immutable will be swept away.” Country’s security is more important than the federal system. In the words of Dr. Ambedkar, “ It is only the Centre which can work for the common purpose and for the general interest of the country as a whole. Herein lies the justification of giving to the Centre overriding power to be used in the Emergency.”
It is not possible for the President to become a dictator. In India there exists a parliamentary form of Government. The essence of parliamentary form of Government is that the Head of the State is a nominal head. It is the Council of Ministers which is the real executive.
According to 44th Amendment, an Emergency can be proclaimed only on the basis of written advice tendered by the cabinet. In addition a Proclamation of Emergency must be approved by the two Houses of parliament by two-thirds majority within a period of one month. As a further check against the misuse of the emergency powers and to put the right to life and liberty on a secure footing, it is provided in 44th Amendment Act that the power to suspend the right to move the court for the enforcement of a fundamental right cannot be exercised in respect of the fundamental right to life and liberty.
According to 44th Amendment the provisions of Article 19 will become suspended only in the case of a proclamation of Emergency issued on the ground of war or external aggression and not in the case of a Proclamation of Emergency issued on the ground of armed rebellion. Moreover, if the President tries to become a despot, he will be impeached by the Parliament.
Conclusion:
We can conclude safely that it is not possible for the President to become a dictator. No doubt suspension of rights of the citizens is against democratic system but rights of the individual are not more important than the security of the State. To quote K. Santhanam, “The net result of Article 356 is that when there is a proclamation the State Government may come to be temporarily merged with the Government of the Union.
There is no question of autocracy under any circumstances. Only State autonomy may suffer temporarily.” Sh. Amar Nandi rightly remarked that the power conferred on the central executive to meet national emergencies is, so as to say, a loaded gun which can be used both to protect and to destroy the liberty of citizens. The gun must be used, therefore, with extreme caution.
Question 4.
Discuss the election, powers and functions of the Vice-President of India.
Or
Write a short note on the Vice-President of India.
Answer:
Article 63 of the Constitution lays down that there shall be a Vice-President of India. Like the President of India, the Vice-President is also elected indirectly by the people. Whenever the office of the President falls vacant due to the death, resignation or removal of the President, the Vice-President acts for him. However, he acts for limited period only.
Qualifications:
A candidate for the office of the Vice-President must possess the following qualifications:
1. He should be a citizen of India.
2. He should have completed the age of 35 years.
3. He should be eligible to be elected as a member of the Rajya Sabha.
4. He must not hold any office of profit under any Government—Centre, State of Local. For purposes of this provision, the Constitution lays down that the offices of the President or Vice- President, Governor of a State or Ministers of the Union or State Governments, shall not be considered places of profit.
5. The Vice- President cannot be a member of either House of Parliament or of a State Legislature. If he is a member of either of these Houses at the time when he is elected as Vice- President, his seat in that Legislature is declared vacant from the date he takes over as Vice-President.
6. The name of the candidate for the office of Vice-President must be proposed and seconded by at least 20 electors each.
Election:
The Vice-President of India is elected by an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The two Houses need not sit together for this purpose. (The Eleventh Amendment).
It is significant to note that in the election of the Vice-President the nominated members of both the Houses have the right to vote while in the election of the President only the elected members of Parliament are eligible to vote. According to the Eleventh Amedment (1961) of the constitution the election of the President or Vice-President is not to be questioned on the ground that there was a vacancy in the Electoral College.
In August 2017. Sh. Venkaiah Naidu candidate of National Democratic Alliance was elected Vice¬President of India. Sh. Venkaiah Naidu defeated United Progressive Alliance candidate Sh. Gopal Krishna Gandhi. Sh. Venkaiah Naidu secured 516 votes while Sh. Gopal Krishna Gandhi secured 244 votes.
Term:
The Vice-President is elected for a term of five years. The period of five years starts from the date on which he enters upon his office. He is eligible for re-election. The Vice-President may resign his office by writing to the President before the expiry of five years. In 1969 when the Acting President V.V. Giri resigned, he addressed his letter of resignation to the President. This he had done on the advice of the Attorney-General. The office of the Vice-President may also fall vacant either on the death of the Vice-President or when he has been removed from office by impeachment.
Removal by Impeachment:
The Vice-President can be removed from office by impeachment. He can be removed from office if a resolution to that effect is passed by the Rajya Sabha by a majority of its then members and if the resolution is approved by the Lok Sabha. Fourteen days’ notice is necessary for moving such a resolution.
Salary:
As Vice-President of India, he gets no salary. The Vice-President is the ex-officio Chairman of the Rajya Sabha and he receives- a salary of Rs. 4,00,000 per month. He is also entitled to the use of offical residence. When the Vice-President acts as President, he has all the privileges, powes and immunities of the President. According to Vice¬President Pension Act, a person who ceases to hold office as Vice-President, either by expiration of his term of office or by resignation, is entitled to a monthly pension of Rs. 2,00,000.
Functions:
The duties of the Vice-President are two-fold: 1. He is the ex-officio Chairman of the Rajya Sabha and 2. He acts for the President when the office of the President is vacant. Even when the President is ill or otherwise unable to perform the duties of his office, the Vice-President acts for him.
As Vice-President. In the absence of the President or during casual vacancy in the office of the President, the Vice-President shall perform all the functions of the President. If the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President will discharge his functions until the date on which the President resumes his duties. Under such circumstances:
- The Vice-President performs the duties of the President.
- The Vice-President has the authority to exercise all the powers concerning the office of the President.
- He can remain for a period of 6 months in the office of the President in the case of President’s resignation, death and removal from office. He cannot continue in the office of the President more than this period.
- He makes arrangement for the election of the new President within a period of six months. The new President must be elected within this period.
- The Vice-President can himself contest for Presidentship of the country.
The office of the Vice-President is next to the office of the President of the country. But the Vice-President has no functions to perform as the President of the country. He has the functions to perform only in the absence of the President. It is only an office of pride and honour.
As Chairman of Rajya Sabha. The Vice-President is the ex-officio Chairman of Rajya Sabha. That means that being the Vice-President of the country he is the Chairman of the Rajya Sabha. He is to perform various functions in this capacity as the Chairman of the Rajya Sabha and they are given as follows:
- He presides over the meetings of the Rajya Sabha.
- He maintains decorum and decency in the House.
- He allots time to the members to speak.
- He is not a member of the Rajya Sabha. Therefore, he is not entitled to cast his vote but in case of a tie he makes use of his casting vote.
The Vice-President cannot perside over the meeting of the Rajya Sabha when:
- He is acting as the President of the country and
- When the Rajya Sabha is considering charges against him.
Position of the Vice-President:
The office of the Vice-President is not of any great importance. No doubt his office is next to the office of the President of India but he does not exercise any powers. The American Vice-President enjoys the remaining tenure of the President in case of President’s death or resignation or removal but in India under such circumstances the Vice-President works only as the acting President till the newly elected President joins.
As acting President the Vice-President will enjoy all the privileges and powers of the President. When a vacancy is caused, new President is to be elected within 6 months. The office of the Vice-President is not of great importance. But we will have to admit this that much depends upon the personality of the person who becomes the Vice-President. A person with a wonderful personality can become a very useful part of administration.
Question 5.
What do you know of the composition, powers and functions of the Union Council of Ministers?
Answer:
The Constitution of India provides for parliamentary government in the country. At the Centre as well as in the States there is parliamentary government. The President is only the nominal head of the State. He exercises his powers on the advice of the Council of Ministers. It is written in the Constitution that there will be a Council of Ministers headed by the Prime Minister to aid and advise the President. In fact all the powers of the President are actually exercised by the ministers. The Council of Ministers takes decisions and the President can give them a piece of advice. The ministers run the administration according to their sweet will. It is why the parliamentary system of Government is called the Cabinet Government.
Composition:
The only provision made in the constitution for the formation of the Council of Ministers is that the President appoints the Prime Minister and the other ministers are appointed by him with the consultation of the latter. But the fact is that the President does not appoint, the Prime Minister of his own sweet will. Normally the leader of the majority party in the Lok Sabha is made the Prime Minister and all other ministers are appointed by the President on the recommendation of the Prime Minister. The President cannot make any change in the list of ministers.
It is again the Prime Minister who distributes portfolios among the ministers. The ministers are taken out of the members of the legislature. If any outsider is appointed a minister, he must become the member of the legislature within 6 months. In Feb. 1988, Prime Minister Rajiv Gandhi reorganized his Council of Ministers and there were 60 members in the Council of Ministers. In the Constitution, 91st Amendment Act provides that the total number of ministers including the Prime Minister, shall not exceed 15% of the total number of members of the Lok Sabha.
In May 2019, there were 57 members in the Council of Ministers. It included 24 cabinet ministers, 24 ministers of state and 9 ministers having independent charge.
Term of Office:
It is written in the Constitution that the ministers will remain in the office during the pleasure of the President, It means that the President can remove the ministers from office whenever he likes. But it is not so. If the majority of the members of the Lok Sabha supports the Council of Ministers, it will continue to remain in office and the President cannot remove it. The ministers remain in office so far as they enjoy the confidence of the members of the Lok Sabha.
Salary:
The Constitution of India lays down that the salaries, allowances, etc. of the ministers shall be decided by the Parliament. The ministers are entitled to a salary, daily allowances and constituency allowances at the same rate as the members of Parliament.
Powers and Functions Of The Cabinet:
The Cabinet is the real ruler of the country. All the executive authority of the President is exercised by the cabinet. Following are the powers and functions of the Cabinet:
1. Determination of National Policy:
The polity of the nation is formulated by the Cabinet. After taking office the Cabinet is to formulate its internal and external policy according to which it is to run the administration of the State. It is the Government which is responsible for internal peace and order, and freedom from external aggression and better living of the people of the country. It has, therefore, to formulate policies in a way that they are helpful for the people of the country at large.
2. Control over Administration:
The administration of the country is to be run by the ministers. Every member of the Council of Ministers has one or more departments under his charge and he has to look after its working and administration. No doubt, it is the civil servants who carry on the administration but this administration has to be within the framework of the policies laid down by the Council of Ministers. Departmental administration has to be run by the civil servants but it is the minister who is responsible for the smooth running of the administration.
3. Foreign Relations:
It is the function of the Cabinet to maintain relations with other countries. These relations are established according to the policies laid down by the Cabinet. The ambassadors to foreign countries are appointed on the advice of the cabinet. The correspondence with other countries is done of course in the name of the President but actually it is the Cabinet who performs this function. It is the Cabinet which enters into treaties with other countries.
4. Legislative Powers: In a Parliamentary Government there is a close relationship between the Cabinet and the legislature. It enjoys many legislative powers.
- The ministers are taken from among the members of the Parliament and they have a big share in law-making.
- The President convenes the meetings of the Parliament on the advice of the Council of Ministers.
- The Cabinet prepares the programme of the session.
- The ministers introduce the bills in the House and see them through. Most of the bills in a Parliamentary Government are introduced in the Parliament by the ministers. They explain the policy and the purpose of the bills to the Parliament.
- Laws in the Parliament are framed in accordance with the wishes of the Cabinet. As the ministers belong to the majority party so they are sure of the support of the members to their bills.
- The President issues ordinances on the advice of the ministers.
5. Financial Powers: The Cabinet enjoys many financial powers:
- The budget is prepared by the Finance Minister in consultation with other ministers.
- It is the ministers who suggest an increase, decrease or abolition in the taxes. Money bills can only be introduced by the ministers.
6. Appointments:
Important appointments are made only on the advice of the ministers. For example, the appointments of Governors, Ambassadors and members of the Union Public Service Commission are made on the recommendations of the ministers.
7. Administrative Justice:
The ministers also exercise judicial powers. They are to decide many administrative matters. They are to give a decision in administrative matters and decisions of the ministers are final. While deciding cases the ministers have the right to adopt judicial methods like all other courts.
Conclusion:
The above mentioned powers and functions of the Cabinet clearly explain that the administration of the State is run according to the wishes of the Cabinet. It can run the administration in a way it likes. It is rightly said that the ‘Cabinet is the steering wheel of the ship of the State’. It is said that the British Cabinet has become the virtual dictator, the State and the Parliament have become subservient to it.
Question 6.
Distinguish between the Cabinet and the Council of Ministers.
Answer:
There are some differences between the Cabinet and the Council of Ministers. This distinction must be clarified. The Cabinet is a part of the Council of Ministers and the real authority is enjoyed by it.
Council of Ministers:
The Council of Ministers consists of the following types of ministers:
1. Cabinet Ministers:
These are the most important ministers. They control the important departments of administration. They frame policies and decide all other important matters, They are generally 25 to 30 in number. It is these ministers who form the Cabinet. All the powers of the Council of Ministers are exercised according to the wishes of the Cabinet.
2. State Ministers:
The State Ministers also head some departments. But they are not entitled to participate in the meetings of the Cabinet. They can be invited to attend the meetings of the Cabinet when some special issue or the issue concerning their department is to be discussed.
3. Deputy Ministers: The Deputy Ministers are appointed to assist the Cabinet ministers and the State ministers in the performance of their functions. The Deputy Minister is not the head of any department. The Deputy Ministers are appointed almost in each department.
4. Parliament Secretaries:
The Parliamentary Secretaries are not minister and they are not members of the Council of Ministers. Parliamentary Secretaries are not appointed by the President. They are appointed by the Prime Minister. They have no independent powers or functions. They assist the ministers to whom they are attached to do their parliamentary work. They have no control over the administrative departments. They are, infact, probationers under training and may hope to rise to higher ranks if they make good.
5. Deputy Prime Minister:
Neither the Constitution nor any of the Union laws provide for the office of the Deputy Prime Minister. It is the sole discretion of the Prime Minister to bestow the rank and the status of Deputy Prime Minister on any number of members of the Cabinet. Sardar Vallabh Bhai Patel was given the status and rank of Deputy Prime Minister in the Council of Minister headed by Late Pt. Jawaharlal Nehru.
Similarly in the Cabinet headed by Late Mrs. Indira Gandhi, Mr. Morarji Desai was ranked as Deputy Prime Minister of the country. The rank and status’of Deputy Prime Minister was conferred on Sarvashri Charan Singh and Jagjivan Ram in the Council of Ministers headed by Sh. Morarji Desai.
In the Ministery headed by Sh. V.P. Singh, Ch. Devi Lai was sworn in as the Deputy Prime Minister of the country. In June, 2002, Mr. Lai Krishan Adwani sworn in as the Deputy Prime Minister of India in the ministry of Mr. Atal Behari Vajpayee. The office of the Deputy Prime Minister carries neither special responsibilites nor special privileges.
The Council of Ministers consists different types of ministers. Their number is near about 65. But the Cabinet consists of only the Cabinet ministers and all important decisions are taken by them. Whatever decisions are taken by the Cabinet all the ministers are to abide by them. All the members of the Council of Ministers are to carry out those decisions.
Question 7.
What are the main features of the Cabinet System in India?
Answer:
In India the parliamentary system of government has been adopted. The Council of Ministers exercises all the powers of the President. It performs its functions on the basis of the following principles:
1. President a Constitutional Head:
The first important feature of the parliamentary system of government is that the Head of State enjoys only nominal powers. The entire administration of the State is run in the name of the President but in reality it is the Cabinet which is responsible for running the administration of the State. The President takes all the decisions on the advice of the Prime Minister.
The Prime Minister is the head of the government whereas the President is the head of the State. The President cannot participate in the meetings of the Cabinet and he is kept out of the Cabinet. The President appoints the Prime Minister, but he must appoint the leader of the majority party as the Prime Minister of India. He does not interfere in the formation, meetings and the decisions of the Cabinet.
2. Close relationship between the Cabinet and Parliament:
There is a very close relationship between the Cabinet and the Parliament. The Cabinet is formed from among the members of the Parliament. If any outsider is appointed a minister he must become the member of the Parliament within six months otherwise he will have to quit the office.
3. Leadership of the Cabinet:
The Cabinet performs its functions under the control and guidance of the Prime Minister. The appointments of the ministers are made by the President on the advice of the Prime Minister. The Prime Minister presides over the meetings of the Cabinet. He can remove any minister from office. He also co-ordinates the working of the ministry.
4. Political Homogeneity:
The members of the Cabinet hold the same view point because they belong to the same political party. The Cabinet works like a unit. Therefore, all the members of the. Cabinet must agree with one another. If the ministers are taken from different political parties, they will never agree over policy matters because each political party would like to implement its own policy. It is very necessary that the ministers should be taken from the same party so that administration could be run smoothly.
5. Cabinet works as a Team:
The Cabinet works as a team. The members of the Cabinet swim and sink together. They perform their functions in consultation with one another. All the ministers are individually as well as collectively responsibly for their work. No-confidence motion against a particular minister means a no-confidence motion against the entire ministry and the entire ministry is to resign. The resignation of the Prime Minister means the resignation of the entire ministry. All the ministers are to abide by the decisions taken by the Cabinet. All the ministers remain in office or lose office together.
6. Leadership of the Prime Minister:
Indian Cabinet works under the leadership of the Prime Minister. According to Art. 74, there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President in the exercise of his functions. Ministers are appointed by the President on the advice of the Prime Minister. Portfolios are distributed by the Prime Minister and he has the power to change the portfolios of the ministers.
He presides over the meetings of the Cabinet. In case of disagreement between a minister and the Prime Minister, the minister will have to resign. No person can remain in the Cabinet against the wishes of the Prime Minister. The resignation of the Prime Minister means the resignation of the whole Council of Ministers.
7. Prime Minister’s right to get the Lok Sabha dissolved:
Another feature of the Indian Cabinet system is that the Prime Minister can advise the president to dissolve the Lok Sabha. On Feb. 6, 2004 the President Dr. A.P.J. Adbul Kalam dissolved the Lok Sabha on the advice of the Prime Minister Atal Behari Vajpayee.
8. Secrecy:
Cabinet keeps the proceedings of its meetings absolutely secret. No minister can convey to anybody the decisions taken by the ministry and the discussion which took place while taking the decisions. The decisions can be announced by the concerned minister at the proper time.
9. Ministerial Responsibility:
The ministers cannot exercise their powers in an arbitrary manner. They are responsible for their actions and policies to the legistature. The members of the Parliament can ask them questions and supplementary questions and they are to answer them on the floor of the House. In case, the Parliament loses confidence in the ministers, they will have to resign. The Parliament can indicate its lack of no-confidence over the ministry by passing a no-confidence resolution. Even if the Parliament passes a no-confidence motion against one minister the entire ministry is to resign.
Question 8.
How is the Prime Minister appointed? Discuss his powers and functions.
Or
Discuss the position of the Prime Minister.
Answer:
The Prime Minister is the most important and powerful functionary of the State. He can be called the ruler of the State. The Prime Minister is the head of the Council of Ministers and all the powers of the President are actually exercisd by the Prime Minister. He can rule the country in a way which he thinks the best. He is the architect of the fate of State. The Government can do nothing against his will.
Appointment:
The Prime Minister is appointed by the President but while doing so the President is not having a free hand. Only that person can be appointed to the office of Prime Minister who is the leader of majority party in the Lok Sabha. After the general election the President invites the leader of the party which has gained majority in the Lok Sabha to form the Government.
In Dec. 1984, Mr. Rajiv Gandhi was appointed Prime Minister because he was the leader of the majority party (Congress I) in the Lok Sabha. If no political party gets an absolute majority in the Lok Sabha even then the President is not free to appoint anybody the Prime Minister. Under such circumstances only that person will be invited to form the Government who can seek the co-operation of the majority of members in the Lok Sabha.
After the 17th Lok Sabha election held in April-May, 2019, Sh Narender Modi was appointed as the Prime Minister.
Term of Office. The Prime Minister does not have a fixed tenure of offfice. He remains in office so long as he enjoys the support of the majority party. If the majority of members of the Lok Sabha loses confidence in the Prime Minister, he is to resign the office. On 11th April, 1997 Prime Minister H.D. Deve Gowda resigned because his resolution of vote of confidence was rejected by the majority members of the Lok Sabha.
Salary and Allowances. The Prime Minister gets the same salary and allowances which are paid to members of Parliament. He also receives a constituency allowance like other M.Ps. He is also entitled to free official residence, free travels, medical facilities, etc.
Powers And Functions Of The Prime Minister:
The Prime Minister enjoys vast powers which have made his office very important and powerful. His powers and functions are given as follows:
1. Prime Minisiter and the Cabinet:
The Prime Minister is the maker of the Cabinet. The Cabinet has no existence without the Prime Minister. He can make or unmake a Cabinet. The Cabinet performs all its functions under the control and guidance of the Prime Minister. Therefore, he is called “the keystone of the Cabinet arch” or “shining moon among the stars”. He enjoys the following powers in connection with the Cabinet:
(i) Formation of the Council of Ministers:
His first duty after assuming office is the formation of the Council of Ministers. He prepares a list of ministers according to his sweet will. He has a free hand in the selection of ministers. Nobody can be appointed a minister against the wishes of the Prime Minister. Number of Council of Ministers depends upon him. In the Constitution, 91st Amendment Act provides that the total number of ministers including the Prime Minister, shall not exceed 15% of the total number of members of the Lok Sabha. In May 2019, there were 57 members in the Council of Ministers.
(ii) Distribution of Portfolios:
The Prime Minitser distributes work among the ministers. He decides what department is to be allotted to a particular . minister. He controls the working of the departments of his ministers. If the Prime Minister is not satisfied with the working of a department, he can change the department of that minister. He distributes particular departments to ministers in such a way that they can run the departments quite efficiently. He also co-ordinates the working of different departments.
(iii) Removal of the Minister:
The ministers remain in office during the pleasure of the Prime Minister. If the Prime Minister is not satisfied with the working of a minister or the minister does nto run the department in accordance with wishes of the Prime Minister, he can ask him to quit the office and can appoint someone else in his place. In June, 1978 Prime Minister Morarji Desai asked Home Minister Char an Singh and Mr. Raj Narayan to resign from the cabinet and Mr. Charan Singh and Raj Narayan submitted their resignations.
On 1st August, 1990 the Prime Minitser V.P. Singh sacked his Deputy Prime Minister, Mr. Devi Lai, from the Council of Ministers. On April 20, 1998 Prime Minister Vajpayee sacked Communication Minister Buta Singh because he refused to resign. The Prime Minister can make changes in the Cabinet whenever he likes. With the resignation of the Prime Minister the entire ministry falls.
(iv) Leadership of the Cabinet:
The Prime Minister is the leader of the Cabinet. The Cabinet functions under the conrol of the Prime Minister. He can call the meetings of Cabinet whenever he likes. The Prime Minister prepares the agenda of the meeting as well as controls it. He presides over the Cabinet meetings. All the decisions in Cabinet meetings are taken according to the wishes of the council of ministers.
2. Link between the President and the Cabinet:
The Prime Minister is the link between the President and the Cabinet. It is the duty of the Prime Minister to convey the decisions of the Cabinet to the President. No minister can discuss a particular problem with the President without the permission of the Prime Minister. The President can demand information from the Prime Minister regarding the working of administration. The Cabinet can discuss any issue with the President only through the Prime Minister.
3. Leadership of the Cabinet in the Parliament:
The Prime Minister leads the Cabinet in the Parliament. The ministers answer the questions put to them by the members of the Parliament. Whenever a minister is in difficulty, the Prime Minister helps him. The Prime Minster explains the policy and decisions of the Cabinet to the Parliament. All important statements on behalf of the Cabinet are made by the Prime Minister in the Parliament.
4. Principal adviser of the President:
The Prime Minister is the chief adviser of the President. The President seeks the advice of the Prime Minister in all matters of the state. The Prime Minister informs the President regarding all the decisions taken by the Cabinet. If the President requires any information regarding the administration of any department, he would demand such an information from the Prime Minister.
5. Appointments:
All the important appointments in the State are made.by the Prime Minister. The President makes appointments of the State Governors, Ambassadors and members of the Union Pubilc Service Cmmission only on the advice of the Prime Minister. The President cannot make any such appointment of his own accord.
6. Leader of the Parliament:
The Prime Minister is also the leader of the House. Out of the two Houses the position of Lok Sabha is of great importance and the Prime Minister is the leader of the Lok Sabha. The Parliament always depends upon the policy and guidance of the Prime Minister for facing any problem. All the important decisions in the Parliament are taken according to the wishes of the Prime Minister. He can get any law passed by the parliament because he is the leader of the majority party. He can get the Lok Sabha dissolved.
7. Leader of Nation:
The Prime Minister is also the leader of the nation. The President is the head of the State and the Prime Minister is the head of the Government. Gveneral election means the election of the Prime Minister. Each poiltical party has its leader already and the people vote for the party whose leader they want to see as the Prime Minister of the country. During emergency the people have always high hopes on the Prime Minister and they always act upon his advice. His office has become more important for his being the leader of the nation. He is always supported by public and with the help of the public he can do things which he likes.
Position of the Prime Minister:
An analysis of the powers of the Prime Minister proves that “he is the pivot of the whole system of government.” He occupies a position of exceptional authority. K.T. Shah observed in the Constituent Assembly, “This Constitution concentrates so much power and influence in the hands of the Prime Minister that there is every danger to apprehend that the Prime Minister may become a dictator if he chooses to do so.” N.V. Gadgil, former Governor of Punjab said, “The Prime Minister is invested with formidable power and influence unless he be a genuine democrat by nature, he is very likely to become a dictator.”
In the words of Nehru, ‘The Prime Minister is the linchpin of the government.” While the President is the nominal head, the Prime Minister is the real head. The powers of the President are in reality exercised by the Council of Ministers, But the Prime Minister is the head of the Council of Ministers. Without him, the ministers have no entity. To quote Laski, ‘The Prime Minister is central to the formation of the Council of Ministes, central to its birth and central to its death.” For his appointment, he is not dependent upon the favour of the President.
It is his right to form the Council of Ministers because he commands the confidence of the Lok Sabha. In the words of A.C. Dash, “The Indian Prime Minister like the German Chancellor is superior to the entire Cabinet, for under the Constitution he is declared to be the head of Council of Ministers and all other Ministers are appointed and probably will be dismissed on his advice.” The Prime Minister forms the Cabinet and he is its life breath.
He is the leader of the Parliament and the nation and the principal adviser of the President. The decisions of the Cabinet are virtually the decisions of the Prime Minister. There is hardly any elected functionary in the world comparable to the Prime Minister of India. Backed by a stable and substantial majority in the Lok Sabha, he is more powerful than even the President of the United States of America.
However, the Prime Minister’s supremacy is not due entirely to the powers which belong to his office. Much depends upon his personality. If he is a man of dynamic prsonality he will be able to dominate the political scene. A fickle minded person will never be able to impress. Ideally, the Prime Minister should have a personality which earns him not only the loyalty of his own party but also a measure of considerable respect from the opposition.
Mr. Nehru who held the office of the Prime Minister nearly eighteen years, possessed an unparalleld personality. He was an institution. In the words of Norman D. Palmer, “Important and able men have held ministerial posts but with the exception of Vallabhbhai Patel, who served as Deputy Prime Minister until his death in 1950, no one has really shared Nehru’s authority.” Prime Minister Lai Bahadur Shastri gave his country brilliant leadership in terms of war and peace and gave up his life in quest for peace. He served his country with his life.
He did not possess the external symbols of greatness yet he rose to great heights. Though short in stature there was more iron in his soul than appeared on the surface. The manner in which Morarji Desai was relieved of the Finance Department by Prime Minister Indira Gandhi, highlights the fact that not even the ‘tallest’ among the Prime Minister’s colleagues can measure upto the stature of the Prime Minister. After the election of 1971 and 1980, Prime Minister Indira Gandhi was considered the source of all power. According to Ashok Mehta, “Our Cabinet form of Government has come to a near Presidential regime.”
According to Frank Morris, “Mrs. Gandhi was not only the undisputed leader of the Congress Party, but it was her party and she could dominate it in a way which none else had done. She was free to choose her colleagues who were her agents or assistants and in her presence trembled and obeyed.” In the words of Greame C. Moodie, “For many the Prime Minister is the part of the government and at times, may become the personification of the political nation.” Mr. Rajiv Gandhi was very powerful because like Mrs. Indira Gandhi he was also the president of the Congress (I).
The position of the Prime Minister also depends upon the support of his party. Without his party he is nothing. He must maintain close contact with party opinion. His aloofness, reserve and indifference militates against sound leadership. He must rely on co-operation, not coercion. He is to lead the party and not drive it. The manner in which Pt. Nehru had to bow before the party demand on the removal of Mr. Krishna Menon in 1962 proves that there are limits beyond which the Prime Minister cannot carry the party.
To conclude, powerful as he may be, no particular Prime Minister is indispensable, irremovable, or omnipotent. “He is not Caesar, he is not an unchangeable oracle, his views are not dooms; he is always on suffrance and its germs are whether he can render indubitably useful services. At any time a rival may supplant him.” The essence of the powers of the Prime Minister lies in a united Cabinet, a united Parliament and united people.
Short Answer Type Questions
Question 1.
How is the President of India elected?
Answer:
The President is the head of the state. He is elected indirectly by an electoral college. Elected members of both the Houses of Parliament and elected members of legislative assemblies of the States constitute the electoral college. The nominated members of the Parliament and the assemblies do not take part in the election. The voting is held on’ the basis of proportional representation by the single transferable vote system. Only an Indian citizen, who has attained the age of 35 years, and whose name has been proposed and seconded by a definite number of the electors, can contest election.
Question 2.
Explain in brief the composition of the Electoral College constituted for the election of the President.
Answer:
According to Article 54 of Indian Constitution, the President shall be elected indirectly by an electoral college consisting of the elected members of the union and state legislatures in accordance with the principle of proportional representation with single transferable vote system.
Question 3.
Describe the formula by which the value of the vote of the members of State Legislative Assembly is determined.
Answer:
Article 55 (4) of the Constitution lays down the procedure of determining the votes of the members of the State Assembly, which is as follows:
If the remainder is less than 500, it is ignored.
If it is more than 500, then the vote of each member shall be further increased by one.
Question 4.
Describe the procedure of determining the value of votes of the members of the Parliament.
Answer:
The constitution lays down the following procedure of determining the votes of the members of Parliament.
Fraction exceeding one-half being counted as one.
Question 5.
Describe the tenure of the President.
Or
Discuss in brief the removal of the President.
Answer:
The President is elected for a period of five years. But he can be removed from his office before the expiry date. The President can be removed from office by impeachment only. The Constitution lays down a detailed procedure for the impeachment of the President. He can be impeached “for violation of the Constitution.” When a President is to be impeached for the violation of the Constitution, the charges can be prepared by either House of the Parliament.
But no such charge is to be preferred unless the proposal to prefer such a charge is contained in a resolution which has been moved after at least 14 days notice in writing signed by not less than one-fourth of the total number of members of the House. The resolution must be passed by a two-thirds majority of the total number of members of the House. If passed by the requisite majority in one house, it is sent to the other House for investigation. If the other House also passes the resolution by a two- thirds majority of the total membership of this House, then it means the charge is proved and the President is removed from his office.
Question 6.
Describe the method of fixing the quota for the election of the President.
Answer:
Under the system of Proportional Representation, a candidate to be elected must secure the necessary quota of votes. The quota is determined by the following formula:
Suppose the total number of valid votes polled at the Presidential election is 8,00,000. Applying the above-mentioned formula, the quota shall be
\(\frac {8,00,000}{1+1}\) +1 = 4,00,001
Question 7.
Describe the salary and allowances of the President.
Answer:
The President of India gets a salary of Rs. 5,00,000 per month and an official residence (called Rashtrapati Bhavan in New Delhi) free of rent. In addition to the salary, the President also gets handsome allowances of various kinds as determined by Parliament. According to the President’s Pension Act, a person who ceases to hold office as President, either by expiration of his term of office or by resignation, is entitled to a monthly pension of Rs. 2,50,000. The Government may also allow him a free medical aid as was done in the case of Dr. Rajendra Prasad.
The salary and other allowances of the President are charged on the Consolidated Fund of India. According to Art. 59 (4), the emoluments and allowances of the President shall not be diminished during his term of office.
Question 8.
Describe any four executive powers of the President.
Answer:
Following are the executive powers of the President:
- All executive functions of the Union (central) government are performed in the name of the President.
- He appoints the Governors, Chief Justice and other judges of the Supreme Court and the High Courts.
- He appoints the Attorney General of India and the members and Chairman of the Union Public Service Commission.
- He is the supreme commander of the armed forces.
Question 9.
Mention four legislative powers of the President.
Answer:
Following are the legislative powers of the President:
- He can address both the Houses of the Parliament and can send messages to either house at any time.
- He can summon any House of the Parliament at any time.
- He can dissolve the Lok Sabha.
- He nominates two members of the Anglo-Indian community to the Lok Sabha.
Question 10.
Describe financial powers of the President.
Answer:
- It is the duty of the President to place the Budget for the current year before the Parliament. It is to be presented before the beginning of the financial year. Normally the budget is presented to the Parliament by the
- Finance Minister on behalf of the President.
- Money Bill can only be introduced in the Parliament on the recommendation of the President.
- The President has full control over the contingency fund and he can spend it according to his sweet will. He distributes the share of income tax among the States.
Question 11.
Describe judicial powers of the President.
Answer:
The President has some judicial powers also. It is provided by Article 122 of the Constitution.
- The President appoints the judges and the chief justices to the Supreme Court and the State High Courts.
- The President cannot be sued in any court of India in connection with any matter concerning his office.
- He has power to pardon, reprieve and commute punishment.
- The President can seek the advice of the supreme court of India over any legal matter or a bill of Republic Importance.
Question 12.
What do you know about the emergency powers of the President?
Ans.
The President can declare emergency in three special circumstances :
1. If the President thinks that the security of the country is threatened by a war or external aggression or armed rebellion threatening the integrity of India, he can declare an emergency for the whole of India or any part of it. But the advice should come from the Council of Ministers in writing.
2. In case of the failure of the constitutional machinery in a state or states, the President can take over the entire work of the executive and dissolve or suspend the state assembly.
3. If the President thinks that there is an economic situation in which the financial stability or the credit of India is threatened, he can declare a financial emergency.
Question 13.
Discuss about the power of the President to issue an ordinance.
Answer:
During the intervals of the sessions of the Parliament he can issue ordinance. These ordinances have the force of laws. The ordinance is put before the Parliament as soon as it meets. The Parliament has the authority to reject the ordinance. It can be withdrawn by the President also. If it is neither rejected by the Parliament nor withdrawn by the President, it will automatically end six weeks after the first meeting of the Parliament.
Question 14.
Discuss in brief about various emergencies provided in the Constitution of India.
Answer:
There are three types of emergencies provided into the Constitution of India. These are:
- National Emergency (Article 352) or Emergency arising out of external aggression or armed rebellion.
- Emergency arising out of the failure of constitutional machinery in a state (Art. 356).
- Financial Emergency (Art. 360).
Question 15.
What do you understand by National Emergency?
Answer:
According to Art. 352, if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may proclaim a state of emergency. But the President can declare such type of emergency if the cabinet decision that such a proclamation may be made has been communicated to him in writing.
Question 16.
Under which condition the Constitutional Emergency is imposed?
Answer:
According to article 356, if the President, either on the receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President can proclaim emergency in that state.
Question 17.
What is the Financial Emergency?
Answer:
According to Article 360, if the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Article 360 of the constitution. Such a Proclamation may be revoked by a subsequent Proclamation. The Proclamation has to be laid before each House of-Parliament.
It ceases to operate at the expiration of two months unless it is approved earlier by a resolution of both the Houses of Parliament. The Proclamation in this cases should also be approved by Parliament as in the other two cases of emergency. Like the Proclamation of war-emergency, Financial Emergency also continues for an indefinite period. Fortunately, this kind of Emergency has not been declared, so far.
Question 18.
Describe any four points of criticism against the emergency powers of the President.
Answer:
Different persons criticised the emergency powers of the President on different grounds. Following are the points of criticisms against the emergency powers of the President:’
- Possibility of misuse of emergency powers.
- Emergency powers are undemocratic.
- Emergency proclamation is beyond judicial control.
- Emergency powers can crush the rights and liberties of the individuals.
Question 19.
Describe the justification of emergency powers.
Answer:
- Historical experiences reveal that emergency powers are necessary to face national crisis.
- National security is more important than that of the individual liberty.
- It is the responsibility of the centre to maintain the unity and integrity of the nation.
- President is a constitutional head.
Question 20.
Is it possible for the President of India to be a dictator?
Answer:
Emergency powers of the President indicate that he can be a dictator. But it is not possible for the President to become a dictator because:
- In India there exists a Parliamentary form of Government. In this system the President is a constitutional head and his role is nominal.
- According to 44th Amendment an Emergency can be proclaimed only on the basis of written advice tendered by the cabinet and the advice of the council of ministers is binding on the President.
- If President tries to misuse his powers, he can be removed by impeachment.
- President’s rule can’t be imposed at the Centre level.
Question 21.
Describe the election method of the Vice-President of India.
Answer:
The Vice-President of India is elected by an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The two Houses need not sit together for this purpose.
It is significant to note that in the election of the Vice-President the nominated members of both the Houses have the right to vote while in the election of the President only the elected members of Parliament are eligible to vote.
Question 22.
Describe in brief the functions of the Vice-President.
Answer:
The duties of the Vice-President are two-fold:1. He is the ex-officio Chairman of the Rajya Sabha and 2. he acts for the President when the office of the President is vacant. Even when the President is ill or otherwise unable to perform the duties of his office, the Vice-President acts for him.
As Vice-President. In the absence of the President or during casual vacancy in the office of the President, the Vice-President shall perform all the functions of the President. If the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President will discharge his functions until the date on which the President resumes his duties.
As Chairman of Rajya Sabha. The Vice-president is the ex-officio Chairman of Rajya Sabha, that means that by being the Vice-President of the country, he is the Chairman of the Rajya Sabha. He is to perform various functions in his capacity as the Chairman of the Rajya Sabha and they are given as follows:
- He presides over the meetings of the Rajya Sabha.
- He maintains decorum and decency in the House.
- He allots time to the members to speak.
Question 23.
Describe any four qualifications to become a member of Union Council of Ministers.
Answer:
- He must be a citizen of India.
- He must not hold any office of profit under the Government of India or the Government of any State.
- He must possess such other qualifications as may be prescribed by the Parliament.
- No person can be a member of both Houses of Parliament. In case he becomes, he must vacate one of the two seats. Likewise, one person cannot be a member of a House of Parliament and of a State Legislature simultaneously.
Question 24.
How is the Council of Ministers at the centre formed?
Answer:
After the general elections the various parties in the Parliament elect their leaders. The President invites the leader of the majority party and appoints him the Prime Minister. The Prime Minister selects other ministers and sends their names to the President. The President appoints them as ministers. He cannot make any change in the list given to him by the Prime Minister. It might happen that no party has a majority in the Lok Sabha. In such a situation the President invites the leader of the coalition of many parties and appoints him Prime Minister.
The Prime Minister and other ministers have to take oath of loyalty to the Constitution before they assume office.
Question 25.
Give four features of the Cabinet System in India.
Ans.
1. Nominal Head of the State:
The first important feature of the Cabinet system in India is that the President enjoys only nominal powers. The President is a constitutional head of the State.
2. Close Relations Between the Executive and the Legislature:
There is a close relationship between the Cabinet and the Parliament. All the ministers are members of one or the other house of Parliament. They attend the meetings of Parliament, participate in debates and move the bills in the Parliament.
3. Leadership of the Prime Minister:
The Cabinet works under the control and guidance of the Prime Minister. He is the head of the Council of Ministers. He presides over the meetings of the Cabinet and determines the agenda of the meetings.
4. Collective Responsibility:
The Indian Cabinet is responsible to the Lok Sabha. It remains in office so long as it enjoys the confidence of the Lok Sabha. The moment it loses the majority of the members in the house, it has to quit office.
Question 26.
Distinguish between the Cabinet and the Council of Ministers.
Ans.
- In the Constitution the words ‘Council of Ministers’ are used and not the word ‘Cabinet’.
- The Cabinet is a part of the Council of Ministers. The Council of Ministers consist of all types of ministers. Their number is about 70. But the cabinet consists of only the cabinet ministers. The cabinet consists of about 25 members.
- Cabinet is more important than the Council of Ministers. All decisions of the cabinet are to be carried out by the members of the Council of Ministers.
- The cabinet ministers get higher salaries than other ministers.
Question 27.
Discuss various types of Ministers in Union Council of Ministers.
Answer:
The Council of Ministers consists of all the ministers. There are four categories of ministers in-India :
1. Cabinet Ministers:
These are the most important ministers. They control the important departments of administration. They frame policies and decide all other important matters. They are generally 20 to 25 in number. It is these ministers who form the Cabinet. All the powers of the Council of Ministers are exercised according to the wishes of the Cabinet.
2. State Ministers:
The state ministers are also head of some departments. But they are not entitled to participate in the meetings of the Cabinet. They can be invited to attend the meetings of the Cabinet when some special issue or the issue concerning their departments is to be discussed.
3. Deputy Ministers:
The Deputy Ministers are appointed to assist the Cabinet ministers and the State ministers in the performance of their functions. A Deputy Minister is not the head of any department. The Deputy Ministers are appointed almost in each department.
4. Parliament Secretaries: Parliament Secretaries are appointed to assist the ministers in the Parliament. They are not the ministers.
Question 28.
Discuss any four functions of Council of Ministers.
Ans.
1. Determination of National Policy:
The policy of the Nation is formulated by the Cabinet. After taking office, the Cabinet is to formulate its internal and external policy according to which it is to run the administration of the State.
2. Control over Administration:
The administration of the country is to be run by the ministers. Every member of the Council of Ministers has one or more departments under his charge and he has to look after its working and administration.
3. Foreign Relations:
It is the function of the Cabinet to maintain relations with other countries. These relations are established according to the policies laid down by the Cabinet.
4. Cabinet give a decision in administrative matters.
Question 29.
How is the Prime Minister of India appointed?
Answer:
The President appoints the Prime Minister. He invites the leader of the majority party in the Lok Sabha and appoints him the Prime Minister. If no single party has a majority, many parties may form a coalition to make a majority and elect a leader. Then the leader of the coalition will be appointed as the Prime Minister. After 17th Lok Sabha election in April-May 2019, President appointed Sh. Narender Modi, leader of the National Democratic Alliance as Prime Minister.
Question 30.
What are the functions of Prime Minister?
Answer:
The Prime Minister enjoys vast powers which have made his office very important and powerful. His powers and functions are as ahead:
- The first function of the Prime Minister is the formation of Council of Ministers. He has a free hand in the selection of ministers. Number of Council of Ministers depends upon him.
- The Prime Minister distributes portfolios among the ministers.
- The ministers remain in office during the pleasure of the Prime Minister. The Prime Minister can make changes in the Council of Ministers whenever he likes.
- Prime Minister is the leader of the Cabinet. The Cabinet functions under the control of the Prime Minister.
Question 31.
Write down the names of present President, Vice-President and Prime Minister of India.
Answer:
Name of Post – Name of Person
- President – Sh. Ram Nath Kovind
- Vice President – Sh. Venkaiah Naidu
- Prime Minister – Sh. Narendra Modi
Question 32.
Write down the salary of President and Vice-President.
Answer:
Name of Post – Salary (Monthly)
- President – Rs. 5,00,000
- Vice-President – Rs. 4,00,000
Very Short Type Questions
Question 1.
How is the President of India elected?
Answer:
The President is elected indirectly by an electoral college. Elected members of both the Houses of Parliament and elected members of legislative assemblies of the States constitute the electoral college. The voting is held on the basis of proportional representation by the single transferable vote system.
Question 2.
Describe the tenure of the President.
Answer:
The President is elected for a period of five years. But he can be removed from his office before the expiry date. The President can be removed from office by impeachment only. The Constitution lays down a detailed procedure for the impeachment of the President. He can be impeached “for violation of the Constitution.”
Question 3.
Describe the salary and allowances of the President.
Answer:
The President of India gets a salary of Rs. 5,00,000 per month. According to the President’s Pension Act, a person who ceases to hold office as President, either by expiration of his term of office or by resignation, is entitled to a monthly pension of Rs. 2,50,000.
Question 4.
Write any two privileges of the President.
Answer:
- The President of India is not answerable to any court for the exercise of his constitutional rights and powers.
- No criminal proceeding can be launched against him during his term.
Question 5.
Describe any two executive powers of the President.
Answer:
Following are the executive powers of the President:
- All executive functions of the Union (central) government are performed in the name of the President.
- He appoints the Governors, Chief Justice and other judges of the Supreme Court and the High Courts.
Question 6.
Mention two legislative powers of the President.
Answer:
Following are the legislative powers of the President:
- He can address both the Houses of the Parliament and can send messages to either house at any time.
- He can summon any House of the Parliament at any time.
Question 7.
Explain financial powers of the President.
Answer:
- It is the duty of the President to place the Budget for the current year before the Parliament. It is to be presented before the beginning of the financial year. Normally the budget is presented to the Parliament by the
- Finance Minister on behalf of the President.
- Money Bill can only be introduced in the Parliament on the recommendation of the President.
Question 8.
Describe judicial powers of the President.
Answer:
The President has some judicial powers also. It is provided by Article 122 of the Constitution.
- The President appoints the judges and . the chief justices to the Supreme Court and the State High Courts.
- The President cannot be sued in any court of India in connection with any matter concerning his office.
Question 9.
Discuss in brief about various emergencies provided in the Constitution of India.
Answer:
There are three types of emergencies provided into the Constitution of India. These are:
- National Emergency (Article 352) or Emergency arising out of external aggression or armed rebellion.
- Emergency arising out of the failure of constitutional machinery in a state (Art. 356).
- Financial Emergency (Art. 360).
Question 10.
What do you understand by National Emergency?
Answer:
According to Art. 352, if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may proclaim a state of emergency.
Question 11.
Under which condition the Constitutional Emergency is imposed?
Answer:
According to article 356, if the President, either on the receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot b,e carried on in accordance with the provisions of the Constitution, the President can proclaim emergency in that state.
Question 12.
What is the Financial Emergency?
Answer:
According to Article 360, if the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Article 360 of the constitution. Such a Proclamation may be revoked by a subsequent Proclamation.
Question 13.
Explain any two points of criticism against the emergency powers of the President.
Answer:
Different persons criticised the emergency powers of the President on different grounds. Following are the points of criticisms against the emergency powers of the President:
- Possibility of misuse of emergency powers.
- Emergency powers are undemocratic.
Question 14.
Describe the justification of emergency powers.
Answer:
- Historical experiences reveal that emergency powers are necessary to face national crisis.
- National security is more important than that of the individual liberty.
Question 15.
Is it possible for the President of India to be a dictator?
Answer:
It is not possible for the President to become a dictator because:
- In India there exists a Parliamentary form of Government. In this system the President is a constitutional head and his role is nominal.
- According to 44th Amendment an Emergency can be proclaimed only on the basis of written advice tendered by the cabinet and the advice of the council of ministers is binding on the President.
Question 16.
Describe the election method of the Vice-President of India.
Answer:
The Vice-President of India is elected by an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The two Houses need not sit together for this purpose.
Question 17.
Describe the term of the Vice-President.
Answer:
The Vice-President is elected for a term of five years. The period of five years starts from the date on which he enters his office. He is eligible for re-election. The Vice¬President may resign his office by writing to the President before the expiry of five years. Vice-President can be removed from office by impeachment.
Question 18.
Describe about the salary of the Vice-President.
Answer:
The Vice-President is the ex-officio Chairman of the Rajya Sabha and he receives a salary of Rs. 4,00,000 per month. When the Vice-President acts as President, he has all the privileges, powers and immunities of the President. After retirement Vice-President is entitled to a monthly pension of Rs. 2,00,000.
Question 19.
Describe in brief the functions of the Vice-President.
Answer:
The duties of the Vice-President are two-fold:
- He is the ex-officio Chairman of the Rajya Sabha and
- he acts for the President when the office of the President is vacant. Even when the President is ill or otherwise unable to perform the duties of his office, the Vice-President acts for him.
Question 20.
Discuss any two qualifications to become a member of Union Council of Ministers.
Answer:
- He must be a citizen of India.
- He must not hold any office of profit under the Government of India or the Government of any State.
Question 21.
How is the Council of Ministers at the centre formed?
Answer:
After the general elections the various parties in the Parliament elect their leaders. The President invites the leader of the majority party and appoints him the Prime Minister. The Prime Minister selects other ministers and sends their names to the President. The President appoints them as ministers.
Question 22.
Give two features of the Cabinet System in India.
Answer:
- Nominal Head of the State: The first important feature of the Cabinet system in India is that the President enjoys only nominal powers. The President is a constitutional head of the State.
- Close Relations Between the Executive and the Legislature: There is a close relationship between the Cabinet and the Parliament.
Question 23.
Distinguish between the Cabinet and the Council of Ministers.
Answer:
- In the Constitution the words ‘Council of Ministers’ are used and not the word ‘Cabinet’.
- The Cabinet is a part of the Council of Ministers. The Council of Ministers consist of all types of ministers. Their number is about 70. But the cabinet consists of only the cabinet ministers. The cabinet consists of about 25 members.
Question 24.
Mention any two functions of Council of Ministers.
Answer:
- Determination of National Policy: The pohcy of the Nation is formulated by the Cabinet. After taking office, the Cabinet is to formulate its internal and external pohcy according to which it is to run the administration of the State.
- Control over Administration: The administration of the country is to be run by the ministers. Every member of the Council of Ministers has one or more departments under his charge and he has to look after its working and administration.
Question 25.
How is the Prime Minister of India appointed?
Answer:
The President appoints the Prime Minister. He invites the leader of the majority party in the Lok Sabha and appoints him the Prime Minister. If no single party has a majority, many parties may form a coalition to make a majority and elect a leader. Then the leader of the coalition will be appointed as the Prime Minister.
Question 26.
What are the functions of Prime Minister?
Answer:
The Prime Minister enjoys vast powers which have made his office very important and powerful. His powers and functions are as follows:
- The first function of the Prime Minister is the formation of Council of Ministers. He has a free hand in the selection of ministers. Number of Council of Ministers depends upon him.
- The Prime Minister distributes portfolios among the ministers.
One Word to One Sentence Answer Type Questions
Question 1.
What is the term of the Prime Minister?
Answer:
The Prime Minister does not have a fixed tenure of office. He remains in office so long as he enjoys .the support of the majority party.
Question 2.
Mention any one power of the Prime Minister.
Answer:
The first and significant duty o$ the Prime Minister is the formation of the Council of Ministers.
Question 3.
Who is the leader of the Cabinet?
Answer:
The Prime Minister is the leader of the Cabinet.
Question 4.
Who was the first Prime Minister of India?
Answer:
Pt. Jawahar Lal Nehru was the first Prime Minister of India.
Question 5.
Who is the link between the Council of Ministers and the President? Answer:The Prime Minister is the link between the Council of Ministers and the President.
Fill in the blanks
1. The …………… of India is head of the state.
Answer:
President
2. Minimum age needed for the President is …………… .
Answer:
35 years
3. The term of office of the Indian President is …………… .
Answer:
Five years
4. Sh …………… appointed Prime Minister after 17th Lok Sabha.
Answer:
Narendra Modi.
True or False statement
1. President is the head of the state.
Answer:
True.
2. Prime Minister is the head of the state.
Answer:
False
3. The tenure of the Cabinet is 10 years.
Answer:
False
4. Prime Minister form the Council of Minsters.
Answer:
True.
5. Prime Minister is the Chief Co-ordinator in the Cabinet.
Answer:
True.
Choose The Correct Answer
Question 1.
Who will administer the oath of office to the person who is to take over as President?
(A) Chief Justice of High Court
(B) Vice-President
(C) Chief Justice of India
(D) Speaker.
Answer:
(C) Chief Justice of India
Question 2.
The Cabinet is responsible to the
(A) Prime Minister
(B) President
(C) Parliament
(D) Speaker.
Answer:
(C) Parliament
Question 3.
The Prime Minister is appointed by the:
(A) President
(B) Parliament
(C) Cabinet
(D) Supreme Court.
Answer:
(A) President
Question 4.
The President of India is elected by:
(A) The Parliament
(B) The Assemblies
(C) The People
(D) The Electoral College.
Answer:
(D) The Electoral College.
Question 5.
The term of office of the Indian President is:
(A) 3 years
(B) 5 years
(C) 2 years
(D) 4 years.
Answer:
(B) 5 years
Question 6.
Minimum age needed for president is:
(A) 25 years
(B) 30 years
(C) 21 years
(D) 35 years.
Answer:
(D) 35 years.
Question 7.
The tenure of the Prime Minister is:
(A) 5 yeafrs
(B) 6 years
(C) 4 years
(D) Not fixed.
Answer:
(D) Not fixed.
Question 8.
The Prime Minister presides over:
(A) Lok Sabha
(B) Rajya Sabha
(C) Cabinet
(D) Parliament.
Answer:
(C) Cabinet
