Position of indian president. Notes on The Position of The President 2022-12-11
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Constitutional Position Of The President
But it must be placed before the Parliament when it again assembles. He is the Nominal or Constitutional Head of the government. But, he has some situational discretion i. If the bill is again passed by both Houses of Parliament, the President shall have to give his assent. Rajendra Prasad has the distinction of being the first President of the country and Smt. Also, in case of resignation, impeachment or death of the present president, an election has to conducted within six months of the event. The President can also dissolve the Lok Sabha session when he deems fit.
The President has been empowered to set up a Commission for the settlement of disputes relating to the supply of water between two or more States. Retrieved 3 January 2017. However, the President has to be free from all political affiliations. Retrieved 15 January 2018. It may be pointed out that the proposal for taxation and expenditure cannot be made without the approval of the President. The powers of the legislatures of the State are to be exercised by the Union Parliament. Emergency Powers: The President of India exercises extra-ordinary powers in times of emergency.
Position of the President and Prime Minister of India
Thus a distinction was sought to be made between the executive functions of the Union and the executive functions of the President. This statement shows the estimates of revenue and expenditure of the central Government for the next year. The courts are barred by the Constitution from compelling production of the advice. An advice is not an order and, therefore, is not mandatory in any sense. I, that the president has to be satisfied personally in the exercise of executive power of functions under article 311 2 c was rejected as it was against the established and uniform view of the Supreme Court. The basis of this responsibility is embodied in Article 75 3 U.
Reconstitution of Constitution of India. Retrieved 28 August 2016. The other house investigates the charges that have been made. The Supreme Court through various decisions has upheld the position that the President is a constitutional head and as such he is as much bound by the advice of his Ministers during emergency as during normal times. It will be meaningless to say that the Ministers are answerable for the policy and administration of the Union to the House of the People, unless they are recognised to possess the authority to finally decide the affairs relating to the government. The President may give his assent to the bill or may withhold his assent from the bill or he may return the bill to Parliament for its reconsideration.
Retrieved 11 May 2012. Retrieved 4 January 2012. Our Union Council of Ministers headed by the Prime Minister is the real executive. It was reimposed again unconstitutionally on 28 April 2014 by the president. Parliament has the power to make laws on the subjects enumerated in the State List.
What is constitutional position of President of India?
The execution of decisions of the President are in accordance with the advice of the Prime Minister. Executive Power: The President of India is the head of the executive of the Union Government. He is expected to act with complete constitutional rectitude and impartiality. He appoints the diplomatic representatives of India to the foreign States. Ministry of Overseas Development.
The amendments made during and after emergency of 1975 have substantial changes in the content of Article 74th. Rana, it was held by the Supreme Court that Article 258 1 empowers the President to entrust to the State the functions which are vested in the union, and which are exercisable by the President on behalf of the Union. President being head of parliament, Executive and supreme commander of the armed forces, is fully empowered by the constitution to fulfil their judicial responsibility. In short, the President of India is the symbol of national unity, magnet of loyalty and apparatus of ceremony. Article 74 1 which provides for a Council of Ministers to aid and advise the President in the exercise of his functions is mandatory.
President of India: Roles, Power and Some Interesting Facts
Proving majority in the parliament Main article: In 1979, Prime Minister Proof of Majority to form a Government Since the 1990s, Parliamentary elections have generally not resulted in a single party or group of parties having a distinct majority, until the 2014 Lok Sabha elections when BJP received a clear majority. All money-bills passed by the State Legislatures are to be reserved for the consideration of the President. He is the symbol of the nation. A bill passed by the Union Parliament is sent to the President for his assent. Proclamation of Financial Emergency by the President: The President may also issue a Proclamation of Financial Emergency if he is satisfied that the financial stability of India is threatened.
Failure of State Constitutional Machinery: In Case of failure of Constitutional machinery in a State, the President of India is authorized to make a Proclamation to that effect. . India: Government and Politics in a Developing Nation. In particular, Presidents have made a number of interventions into government and lawmaking, which have established and challenged some conventions concerning presidential intervention. Finally, the number of legislators in state matters; if a state has few legislators, then each legislator has more votes; if a state has many legislators, then each legislator has fewer votes. PDF from the original on 4 July 2012.
The prime minister shall 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 and on President's desire submit related information. Presidents of India, 1950—2003. Work Tenure of President of India As expressed by article 56, section V, of the Constitution of India, Presidents may stay in position for a period of five years. Besides, Article 78 confers significant powers on the President. He has the power to declare war. Constitutional Provisions Regarding Position of President: In the constitution of India, there are specific provisions for the election of the Indian President.
