President and Vice President

When does the VP take over the President's role?

- death of the president - resignation of the president - removal of the president - when the president is unable to discharge his function due to absence, illness, etc. acts until next pres is elected

What are the effects of a state emergency?

- state administration is placed under the pres - the president may dissolve the vidhan sabha or keep the assembly and council of ministers in suspended animation Parliament can pass laws on state list and pass the Annual budget - authorise expenditure from the consolidated fund of the state -suspend any provision of the constitution about the state's authority except those relating to High courts

What are the powers of the VP as Chairman of the Rajya Sabha?

-ex-officio chairman - regulates debates and proceedings - decides order of speeches - suspend or adjourn the house - admissibility of questions -gets salary as chairman of rajya sabha, not as VP

What are the limitations on the president due to council of ministers?

-exercise his powers on advice of the CoM -pres is obliged to act in accordance with the advice tendered after he sends it back for reconsideration

What are the circumstances of a Financial Emergency?

-financial stability or credit feasibility of the state is threatened

What are the effects of a Financial Emergency?

-pres may appoint Finance commission -reduce the salaries and allowances of all gov't employees - money bills must be submitted to the pres for consideration - pres can issue instructions to the states in regard to use of funds -pres may order states to submit money bills to him for his assent

What are limitations on the president due to parliament?

-proclamations of emergency must be ratified -ordinances

What are the circumstances of a state emergency?

-receipt from a governor that the governance of a state cannot be carried out in accordance with the provisions of the Constitution

What is the duration of a state emergency?

-two months -if it is to go beyond two months, it must be ratified by Parliament -will be invalid 6 mos from the date of issue -can be extended another 6 mos -can be extended beyond 1 yr if emergency is there throughout India or in a part of the state, if election commission certifies that hold elections to the LA is difficult - not more than 3 yrs

What is the duration of the Financial Emergency

-valid for 2 mos unless approved by resolutions of both houses of Parliament - if lok sabha is dissolved when proclamation is made, it will expire 30 days from when the Lok Sabha reassembles

What is the VP's term of office

1. 5 years 2. may resign by writing to the pres 3. removed by impeachment for violation of the Constitution 4. until successor enters office

What are the legislative powers of the pres?

1. Addresses sessions of parliament 2. messages to parliament 3. Summon and prorogue the House 4. Dissolve the Lok Sabha 5. Ordinances 6. formation of new states

What are the discretionary powers of the pres?

1. Appointment of PM in hung parliament 2. appointment of PM in case of sudden death 3. loss of confidence, can ask another party to prove its majority 4. dismiss ministers who refuse to resign

What are the executive powers of the pres?

1. Head of the Union Administration, all executive orders are issued in his name 2. Appointments 3. Control over State gov't in president's rule 4. union territories & border areas

What are the financial powers of the pres?

1. Money bills can only be introduced on his recommendation 2. Finance minister presents the budget on his behalf 3. authorise withdrawal from the Contingency Fund 4. appoints finance commission

Who does the president appoint?

1. PM and council of ministers 2. Chief Justice and judges of High and Supreme Courts 3. Comptroller and Auditor General 4. Gov'ers of the states 5. Attorney General

What are the military powers of the pres?

1. Supreme commander of the armed forces 2. appoints the chiefs of the three wings of the armed forces 3. power to make declarations of war and peace

What are the qualifications to be VP?

1. a) citizen of India b) 35 years of age c) qualified for election to council of States 2. does not hold an office of profit under the gov't

What is the procedure for impeachment?

1. a) resolution moved after 14 days' notice signed by 1/4th of the house b) then passed by a 2/3rds majority 2. Other house will investigate and the Pres may be represented 3. 2/3rds majority passed by the other house

What are the diplomatic powers of the pres?

1. appointing Indian Ambassadors 2. receives ambassadors and diplomatic envoys 3. treaties and int'l agreements are concluded in his name 4. represents india in international conferences

What is the VP's oath of office?

1. bear true faith and allegiance to the constitution 2. faithfully discharge his duties

What are the terms of the oath of Office

1. discharge the functions of the President of India 2. preserve, protect, and defend the Constitution and the law 3. devote himself to the service and well-being of the people of India

Why is the president indirectly elected?

1. general elections are expensive 2. rival centre of power to the council of ministers 3. not another nominee of the ruling party 4. representative of the whole nation including the states

What are the judicial powers of the pres?

1. not answerable to any court of Law 2. no criminal suit can be initiated against him 3. power to grant pardons, reprieves, respites when a) punishment is by Court Martial b) against any law on Union or Concurrent Lists c) death sentence

How may the President vacate his office before the expiry of his term?

1. submit resignation letter to the Vice President 2. He may be impeached for violation of the Constitution

What are the effects of a general emergency?

1. suspension of fundamental rights 2. centre-state relationships, states are obliged to carry out the Centre's instructions 3. Finances, financial provisions can be suspended, e.g salaries 4. Lok Sabha's term can be extended for one year at a time

What is the President's term of office?

5 years or until his successor takes charge

What is an emergency?

A sudden or unforeseen situation demanding immediate action

What is the composition of the electoral college that elects the president?

Members of Parliament + members of legislative assemblies

what is the duration of a general emergency?

Must be approved by parliament by special majority within 1 month cannot remain in operation for more than 6 mos at a time gets renewed for six months every time after it is approved by parliament

Before whom is the VP's oath of office administered?

President, or someone appointed by him

What are the qualifications for election of the President?

a)1. citizen of India 2. 35 years of age 3. qualified for election as a member of the Lok Sabha b) ineligible if he holds an office of profit under the gov't of india or the gov't of a state

how is the VP elected?

by system of proportional representation by single transferable vote by secret ballot. Electoral college consists of MPs

what are the circumstances of a general emergency?

security of the state is threatened by war, external aggression, insurgency, armed rebellion must have approval in writing of the Union Cabinet

In whose presence does the President take the Oath of Offic

the chief justice of India, in whose absence it's the seniormost judge of the Supreme Court