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									Political Science Study Material: President of India

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Article 52 says that 'There shall be a  President of India.  Article 53 says that the executive powers  of the Union shall be vested in the  President. He is only a nominal executive head. The constitution lays down the  following conditions of the President's  office: a) He should not be a member of either the Parliament or the State legislature, o b) He should not hold any other office of o profit, c) His emoluments, allowances and privileges shall be determined by the o o Parliament, d) His emoluments and allowances shall not be diminished during his term of o office. In case, a member of either House of the o Parliament or a State Legislature of any State is elected as President, shall be deemed to have vacated his seat in that  House on the day he enters his office as the President. The President is entitled,  without payment of rent, to use his official residence. The oath of the office of the President is administered by the  Chief Justice of India and in his absence,  the senior most judge of the  Supreme Court available. The President holds office for a term of  five Years.  Any resignation addressed to the Vice President shall forthwith be communicated by him to the Speaker of  the Lok Sabha. He can also be removed from the office before completion of his o term by i m p each me n t for violation of o the Constitution. The impeachment charges can be initiated in either House of the o Parliament. The impeachment motion o can be introduced only when not less than one-fourth of the total number of members of the o originating House have signed the o proposal and a 14 days prior notice should be given to the President. After the impeachment motion is passed by a majority not less than two-thirds of

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the total membership of that House, it moves to the other House which shall  investigate the charges.  • The President shall have the right to appear and to be represented at such  investigations.  • If the other House also sustains the  charges and passes the impeachment  motion by a majority of two-thirds of the total membership of that House, then  the President stands impeached from his  office from the date on which the motion  is so passed. • The impeachment process is quasi-  judicial in nature. • When a vacancy occurs in the office of the President due to his death, resignation or impeachment or otherwise, the Vice-President acts as the President until a new President assumes the office. • When the Vice-President is acting as the President or discharging the functions of the President, he shall have all the powers and immunities of the President and shall be entitled to such emoluments, allowances and privileges  as determined by the Parliament. • In the normal circumstances election to fill the vacancy caused by expiration of the term of the office of the President shall be completed before the expiration of that term. • An election to fill the vacancy in the office of the President occurring due to his death, resignation or impeachment or otherwise, shall be held within six months from the date of the occurrence of such a vacancy. Executive powers of the President • All the executive actions of the Government of India are formally taken in his name. • He can make rules specifying the manner in which the orders and the other instruments made and executed in his name shall be authenticated. • He can make rules for more convenient transaction of business of the Union Government, and for allocation among
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the Ministers, of the said business. o • He appoints the Prime Minister, and the other Ministers on the advice of the Prime Minister. The Ministers hold the  office during, the pleasure of the President. • He appoints the Attorney-General of o India and determines his remuneration. o The Attorney-General holds office during o the pleasure of the President. • He appoints the Comptroller and Auditor-General of India, the Chief o Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Governors of the States, the Chairman and the Members  of the Finance Commissions, and so on. • He can seek any information relating to the administration of affairs of the Union, o and proposals for legislation from the Prime Minister (Article 78).  • He can require the Prime Minister to submit, for consideration of the Council  of Ministers, any matter on which the  decision has been taken by a Minister  but which has not been considered by  the Council. • He can appoint a Commission to  investigate into the conditions of the  SCs, the STs, and the OBCs. • He can appoint the Inter-State Council  to promote the Centre-State and the Inter-State coalition.  • He directly administers the Union Territories through either the Lt. Governor or the Commissioner or the o Administrator. Legislative Powers o o

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o The President is an integral part of the Parliament of India (Article 79). In this o capacity, he enjoys the following o legislative powers. o • He can summon or prorogue both the Houses of the Parliament and dissolve o the Lok Sabha. o • He can summon a joint sitting of both o the Houses of the Parliament, which is presided over by the Speaker of the Lok Sabha.  • He can address both the Houses of the

Parliament at the commencement of the first session after each general election and the first session of each year. • He can send messages to both the Houses of the Parliament, whether with respect to a bill pending in the Parliament or otherwise. • He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both, the Speaker and the Deputy Speaker fall vacant simultaneously. • He can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both, the Chairman and the Deputy Chairman fall vacant simultaneously.  • He nominates 12 members to the Rajya Sabha from amongst the persons having special knowledge or practical o experience in respect of Literature, Science, Arts and Social Services. • He can nominate 2 members to the Lok Sabha from the Anglo-Indian o Community. • He decides on questions as to the o qualifications of the members of the Parliament, in consultation with the o Election Commission. o • His prior recommendation or permission is needed to introduce certain types of bills in the Parliament. For example, (i) a bill involving expenditure from the Consolidated Fund of India, and  (ii) a bill for the alteration of boundaries of the States or creation of a new State. o • When a bill is sent to the President after it has been passed by the Parliament, he can: o a) Give his assent to the bill, or o b) Withhold his assent to the bill, or c) Return the bill (if it is not Attorney Billo or a Constitutional Amendment Bill 1) for reconsideration of the Parliament. o • However, if the bill is again passed by the Parliament, with or without amendments, the President has to give his assent to the bill. • The President has the option of veto with respect to the bills passed by the  Parliament. • The veto power enjoyed by the

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President of India is a combination of o absolute, suspensive and pocket vetos. • When a bill passed by a State o legislature is reserved by the Governor for consideration of the President, the President can a) Give his assent to the Bill, or b) Withhold his assent to the Bill, or c) Direct the Governor to return the Bill (if it is not a Money Bill) for reconsideration of the State Legislature. o Note: It is not obligatory for the o President to give his assent even if the Bill is again passed by the State legislature and sent again to him for hiso consideration. Thus, the President enjoys o absolute veto over State Bills. • He can promulgate ordinances when both the Houses of the Parliament are o not in session (Article 123). These o ordinances must be approved by the Parliament within the six weeks of its reassembly. He can also withdraw an  ordinance any time. • The ordinance can be effective, for a maximum period of 6 months and 6 weeks (not 7V2jnonths) in case of nonapproval by the Parliament. (This is a hypothetical possibility where we assume Parliament did not meet for 6 months.) • He lays the reports of the Comptroller and Auditor-General, the Union Public Service Commission, the Finance Commission, and others, before the Parliament. Emergency Powers National Emergency • On the grounds of security threat to India by war, external aggression or armed rebellion. Emergency a) He can give directions to any State with regard to the manner in which the States' Executive Powers are to be exercised. b) He can modify the pattern of the distribution of financial resources between the Union and the States. c) He can extend the normal tenure of the Lok Sabha by one year at a time.

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d) He can suspend the Fundamental Rights of citizens except (i) the Right to protection in respect of conviction for offences (Art 20) and (ii) the Right to life and personal liberty (Art 21). Article 19 can only be suspended in case of external emergency and not in the case of internal emergency (armed rebellion). • The Parliament can make laws on items mentioned jn the State list during the period of National Emergency. • Such laws are valid upto a maximum period of six months after the expiry of the Emergency. State Emergency • The President's rule is also known as the Constitutional Emergency or the State Emergency. • It can be proclaimed by the President on the failure of the Constitutional machinery in the State (Article 356), or failure to comply with or to give effect to the directions given by the Union (Article 365). • The President's rule can be imposed when the President is satisfied, on the basis of either a report of the State Governor or otherwise, that the Governance of the State cannot be carried on in accordance with the provisions of the Constitution. • The proclamation of the President's rule should be approved by the Parliament within two months. If approved, it remains in force for six months from the date of proclamation of the State Emergency. • It can be extended for a maximum period of three years with the approval of the Parliament every six months. • However, beyond the first year, it can be extended by six months at a time only when the following two conditions are fulfilled: i) A proclamation of National Emergency should be in operation in the entire country, or in the whole or any part of the concerned State; and ii) The Election Commission must certify that the general elections to the concerned State Legislative Assembly cannot be held on account of difficulties.

• When the President's rule is imposed in a State, the President can assign to himself all or any of the functions of the State Government and all or any of the powers vested in the Governor or any body or authority in the State. • He can declare that the powers of the State Legislature shall be exercisable by or under the authority of the Parliament. • He can authorize, when the Lok Sabha is not in session, expenditure from the Consolidated Fund of the State, pending the sanction of such expenditure by the Parliament. • He can promulgate ordinances for the administration of the State when the Houses of the Parliament are not in session. • The State Governor, on behalf of the President, carries on the State administration with the help of the advisors appointed by the President or the Chief Secretary of the State. • The President cannot interfere with the jurisdiction of the concerned State High Court. • The Constitutional status, position, powers and functions of the concerned State High Court are not affected by such a proclamation. • The President's rule has been imposed more than 100 times. • The President's rule has been imposed around 50 times during the period of Mrs. Indira Gandhi. Financial Emergency • The President can proclaim Financial Emergency if he is satisfied that the financial stability or credit of India or any part thereof is threatened. • Such a proclamation must be approved by the Parliament within two months. • When a Financial Emergency is proclaimed, the President can give directions to the States to_observe the canons of financial propriety. • He can issue directions for the reduction of salaries and allowances of all or any class of persons serving under the State. • He ensures that all Money Bills and other Financial Bills passed by the State

Legislatures be reserved for his consideration. • He can issue directions for the reduction of salaries and allowances of all or any class of the persons serving in connection with the affairs of the Union, including the judges of the Supreme Court and the High Courts. • Financial Emergency has not been declared so far. Financial Powers • Money bill can be introduced in the Parliament only with his prior recommendation. • He causes to be laid before the Parliament the Annual Financial Statement (i.e. Union Budget) under Article 112. • No Demand for a grant can be made except on his recommendation. • He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure. • He constitutes a Finance Commission after every five years to recommend the distribution of the taxes between the Centre and the States. Diplomatic Powers • The international treaties and agreements are negotiated and concluded on behalf of the President. • They are subject to the approval of the Parliament. • He sends and receives Diplomats like Ambassadors, High Commissioners, and so on. Military Powers • He is the Supreme Commander of the Defence Forces of India. • He appoints the Chiefs of the Army, the Navy and the Air Force. • He can declare war or conclude peace subject to the approval of the Parliament. Judicial Powers

• He appoints the Chief Justice and the judges of the Supreme Court and Zonal High Courts. • He can seek advice from the Supreme Court on any question of law or fact (Article 143). • The advice rendered by the Supreme Court is not binding on the President. • He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence: a) In all the cases where the punishment or sentence is by a court martial; b) In all the cases where the punishment or the sentence is for an offence against any law relating to matter to which the executive power of the Union extends; and c) In all the cases where the sentence is a sentence of death. Constitutional position of the President • The President has been made only a nominal executive; the real executive is the Council of Ministers headed by the Prime Minister. • The President has to exercise his powers and functions with the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74). • The 42nd Constitutional Amendment Act of 1976 has made the President bound by the advice of the Council of Ministers headed by the Prime Minister (Article 78).

Directive Principles of State Policy • Articles 36 to 51 deal with the provisions of the Directive Principles which are contained in Part IV of the Constitution. • This novel feature of the Constitution has been adopted from the Constitution of the Ireland. • This concept is the latest development in the Constitutional Governments throughout the world, with the growing acceptance of a 'Welfare State'. • The Directive Principles of the Constitution of India are a unique blend of Socialism, Gandhism, Western liberalism, and the ideals of the Indian freedom movement. • They are in the nature of directions or instructions to the State. • Article 36 clearly directs the State to secure and protect a social order which stands for the welfare of the people. • Article 37 says that Directive Principles are not justiciable but are fundamental to the Governance of the Country, and the State has the duty in applying the Directive Principles of State Policies (DPSPs). • If they are not acted upon by the State, no one can move the Courts. • The reason for making the DPSPs explicitly unjusticiable are that they require resources which the State may not have at present. • These principles can be classified under the following categories: The Socialist Principles • Article 38: To secure a social order for the promotion of welfare of the people. ; • Article 39: To strive to minimise inequalities of income. • Article 39 (b): Ownership and control of material resources of the community shall be so distributed so as to subserve the common good. • Article 39 (d): Equal pay for equal work. • Article 39(e): Health and strength of workers, and the tender age of children must not be abused. • Article 39A: Equal justice and free legal aid. • Article 42: Provision of just and humane conditions for work and maternity relief. • Article 43 A: Participation of workers in the management of the industries. The Gandhian Principles • Article 40: Organization of Village Panchayats. • Article 46: Promotion of educational and economic interests of the SCs, the STs and the other weaker sections of the society. • Article 48: Organization of agriculture and animal husbandry on modern and scientific lines to prohibit the slaughter of cows, calves and other milch and draught animals. • Article 43: To promote cottage industry. • Article 47: To bring about the prohibition of intoxicating drinks and drugs that are injurious to health. The Western Liberal Principles • Article 44: Uniform Civil Code for the citizens. • Article 45: Provide free and compulsory education for children below 14 years. • Article 50: Separation of Judiciary from Executive. • Article 51: To promote international peace and amity. Implementation of DPSPs • Since the commencement of the Constitution, there have been a number of legislations to implement the DPSPs. • In fact, the very first Amendment Act was for implementing land reforms. • It was followed by the 4th, 17th, 25th, 42nd and 44th Amendment Acts, The 73rd

Constitution Amendment Act (1992) is in pursuit of implementing Art. 40. • There have been several factory legislations to make the conditions of work humane for the workers. • Promotion of cottage industries has been one of the main aspects of the economic policy of the government and there exists the Khadi and Village Industries Commission for the purpose. • The government's position as regards the uniform civil code (UCC) is that the matter Directives in other parts of the Constitution(Except part IV) Article 350 A: It enjoins every State and every local authority within the State to provide adequate facilities for the instructions in the mother tongue at the primary stage to children of linguistic minority areas. Article 351: It enjoins the Union to promote the spread of Hindi Language so that it may serve as a medium of expression of all the elements of the composite culture of India. Article 335: It says that the claims of SC/ST shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of the Union or of a State. Relation Between Fundamental Rights and Directive Pinciples: • The Supreme Court in various cases has evolved a 'Doctrine or Theory of Harmonization'. • It has further stated that both the Fundamental Rights and the Directive Principles are in fact supplementary to each other and together constitute an integrated scheme. • It has also held that where this is not possible, the Fundamental Rights shall prevail over the Directive Principles. • The present position is that only Article 39(b) and Article 39(c) can be given precedence over Article 14, 19 and not all the Directive Principles. peacekeeping operations of the UN (Somalia in 1992-93; Sierra Leone in 2000); pioneering and leading the Non-Aligned Movement and so on. Difference between FR & DPSP • The Fundamental Rights provide the foundation of political democracy in India whereas the Directives spell out the character of social and economic democracy in India. • Fundamental Rights are in the form of negative obligations of the State i.e. injunctions against the actions of the State. The Directive Principles are, on the contrary, positive obligations of the State towards the citizen. • Whereas the Fundamental Rights are justiciable, the Directive Principles are non¬justiciable. Importance of the DPSP • Article 37 declares Directive Principles as fundamental in the Governance of the Country. • Since the Government is answerable to the people, the Directive Principles act as a sign post to all succeeding Governments. • The Directive Principles provide the yardstick for assessing the successes or failures of these Governments.

Uniform Civil Code: • By uniform civil code, it is meant that all sections of society irrespective of their religion shall be treated equally according to a national civil code, which shall be uniformly applicable to all. • Civil code covers areas like marriage, divorce, maintenance, inheritance, succession of property and adoption. • Uniform civil code (UCC) has been provided under Art 44 of the Constitution as a directive principle. • It will enhance the status of women and therefore, it is vitally desired to achieve the empowerment of women. • Articles 25 and 26 guarantee right to freedom of religion and UCC is not opposed to secularism or will not violate these articles. • Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilised society. • Marriage, succession and like matters are of secular nature and, therefore, law can regulate them. • The UCC will not and shall not result in interference of one's religious beliefs relating, mainly to maintenance, succession and inheritance. But in matters of inheritance, right to property, maintenance and succession, there will be a common law. • Article 25 confers right to practice and profess religion, while Article 44 divests religion from social relations and personal law. • According to Justice R.M. Sahai " Freedom of religion is the core of our culture. But religious practices, violative of human rights and dignity and sacerdotal suffocation of essentially civil and material freedoms are not autonomy but oppression. " Earlier Supreme Court verdicts Shah Bano case • In Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah Bano case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq from him. • The Supreme Court held that the Muslim woman have a right to get maintenance from her husband under Section 125. • After this decision, nationwide discussions, meetings, and agitation were held. • The then Rajiv Gandhi led Government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the Code of Criminal Procedure. Sarla Mudgal case • The second instance in which the Supreme Court again directed the government of Article 44 was in the case of Sarla Mudgal v. Union of India. • In this case, the question was whether a Hindu husband, married under the Hindu law, by embracing Islam, can solemnise second marriage. • The Court held that a Hindu marriage solemnised under the Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act, 1955. • Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. And, thus, a second marriage solemnised after converting to Islam would be an offence under Section 494 of the Indian Penal Code. John Vallamatton case • The priest from Kerala, John Vallamatton filed a writ petition in the year 1997 stating that Section 118 of the Indian Succession Act was discriminatory against the

Christians as it impose unreasonable restrictions on their donation of property for religious or charitable purpose by will. • The Supreme Court struck down this Section in 2003 declaring it to be unconstitutional. Thus, the apex court has on all these instances directed the government to realise the directive principle enshrined in our Constitution and asked to implement UCC as early as possible. Previous Years Questions (Mains): 8. a) Discuss the constitutional provisions relating to the non-justiciable directives binding upon the states. (2002) 7. a) What is the constitutional position of Directive Principles of State Policy? How has it been interpreted by the judiciary after the emergency in 1975-77? (2001) 4. a) What is the importance of Directive Principles of State Policy? Mention which Directive Principles of State Policy have got primacy over the Fundamental Rights. (1999) 4. a) Besides the Directives contained in Part IV, there are certain other Directives addressed to the state in other parts of the Constitution. What are they? (1992) 1. a) Briefly mention why and how the Chapter on Directive Principles gained precedence over the Chapter on Fundamental Rights in the Indian Constitution. (1987)

 1. As a result of the Minerva Mills case, a  law will be protected by Art. 31C if a) it has been made to implement the  Directives in Art 39(b) & (c)  b) it has been made to implement any  Directive Principle c) it conflicts with a Fundamental Right   d) None of the above  2. A uniform civil code mentioned in the Directive Principles of State Policy ensure o a) economic equality b) national security o c) national integration d) support for weaker sections of society o o 3. Which of the following Directive Principles of State Policy come into category of o 'liberal o principles'? 1. The State shall endeavour to secure a uniform civil code throughout the territory of India  2. The State shall protect every monument or place or object of artistic  or historic interest 3. The State shall endeavour to secure  to all workers a living wage and conditions  of work ensuring a decent standard of  life  4. The State shall take steps to separate the judiciary from the executive  Codes:  a) 1,2,3 b) 1,3,4  c) 2,3,4 d) 1,2,3,4  4. Which of the following are the differences between the Fundamental Rights and theo o Directive Principles? 1. Fundamental Rights are negative injunctions, while the Directive Principles o are positive instruction to the o government 2. Fundamental Rights are justiciable while the Directive Principles of State o Policy are non-justiciable o 3. Fundamental Rights enjoy constitutional basis while the Directive Principles are based on conventions 4. In case of a conflict between the

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Fundamental Rights and most Directive Principles the former get precedence  Codes: a) 1&2  b) 1,2,3  c) 1,2,4 d) 1,2,3,4   5. Which one of the following are listed  as a Directive Principle in our Constitution?  1. Complete freedom in the economic  field for the interest of consumers and  producers  2. Regulation of economic system of the country so as to prevent concentration of wealth and means of production 3. To ensure decent standard of living and facilities of leisure for all workers 4. To protect and improve the environment and to safeguard forests and wild life Codes: a) 2&3 b) 2,3&4 c) 2&4 d) 3&4  6. What is meant by saying that the Directive Principles of State Policy are non-justiciable? 1. In case they are violated the matter cannot be taken to the Court 2. Courts are debarred from consideration of Directive Principles 3. The law of the land does not recognize their existence 4. They are sacrosanct Codes: a) 1&2 b) 1 only c) 1.2&3 d) 1,2,3,4 7. What are the Gandhian Principles incorporated in the Indian Constitution? I. Efforts to be made for the development of weaker or backward sections of the society ii. Prohibition on the use of intoxicating liquor except for medicinal purposes iii. Organisation of village panchayats IV Establishment of cottage and small

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scale industries in rural areas Codes: a) i,ii,iv b) I, II, III c) ii,iii&iv d) All four

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o 8. The basic difference between the Fundamental Rights and Directive Principles is a) Fundamental Rights are positive while Directive Principles are negative b) Directive Principles are given precedence over Fundamental Rights by the Courts in all cases c) Fundamental Rights are justiciable while Directive Principles are not  d) None of the above 9. The objective of including Directive Principles of State Policy say that the State shall seek to ensure a) to establish a Welfare State b) to provide best opportunities for development c) to check the arbitrary actions of the government d) to establish a democratic State

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 10. The Directive Principles are in the  nature of a) judicial injunctions to the Government  to enact certain laws b) request to the Government to pay  attention to certain subjects c) injunctions to the Government to refrain from doing certain things o d) instructions to the Government to do certain things o 11. What are the Gandhian Principles that have been incorporated in the Indian Constitution in Part IV A? 1. Efforts to be made for the development of weaker or backward sections of the society 2. Prohibition on use of intoxicating liquor except for medicinal purposes 3. Organisation of village panchayats 4. Establishment of cottage and small scale industries in rural areas Codes: a) 1,3 and 4 o o o o o o o o 

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b) 1,2 and 3 c) 2,3 and 4 d) All the above 12. Which Constitutional Amendment granted a position of primacy to all the Directive Principles over Fundamental Rights? a) 24th b) 25th c) 36th d) 42nd

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13. If the State enacts a law to o implement a Directive Principle calling for equitable distribution of the material resources of the community, it  a) Is put in the Ninth Schedule b) Shall be considered void even if, it violates the rights in Articles 14 and 19 o c) Can be struck down by the Supreme o Court on grounds of violating the Fundamental Rights d) Shall not be considered void if it o violates Fundamental Rights under Art. 14 and 19 o 14. Which of the following statements o is/are not indicative of the difference o between Fundamental Rights and o Directive Principles? I. Directive Principles are aimed at promoting social welfare, while Fundamental Rights are for protecting  individuals from State encroachment II. Fundamental Rights are limitations on State action, while Directive Principles o are positive instructions for the Government to work towards a just o socio-economic order o III. Fundamental Rights were included in the original Constitution, but Directive o Principles were added by the first Amendment IV Fundamental Rights are amendable, o o but Directive Principles cannot be amended Codes: a) I and II b) II and III  c) III and IV d) I, II and III

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15.Which of the following are a Directive o Principle of State Policy? I. Equal pay for equal work for men and o women II. Equal right to an adequate means of livelihood III. Abolition of untouchability IV Just and human condition of work  Codes: a) I, II, III, IV b) I, II, IV c) I, II, III d) Only IIl o o

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16. A socialistic ideology is reflected in o the Directive Principle, which calls for o a) Securing equitable distribution of material resources of the country to prevent concentration of wealth o b) Promotion of cottage industries o c) Free and compulsory education for children up to 14 years of age d) All the above  17. Which of the following directives has not been included in the Constitution with regard to conduct of international relations? a) Work for the maintenance of just and honourable relations between nations b) Show respect for international law and treaty obligations c) Encourage settlement of international disputes through arbitration d) Work for disarmament 18. The Directive Principles were accorded an overriding position over the Fundamental Rights under certain circumstances Dy a) The Constitution b) The Forty-Second Amendment c) The Forty-Fourth Amendment d) The Twenty-Fifth Amendment 19. Which one of the following Directive Principles of State Policy does come into the category of "Liberal Principles"? I. The State shall endeavour to secure a uniform civil code throughout the territory of India ii. The State shall protect every monument or place or object of artistic

or historic interest iii. The State shall endeavour to secure to all workers a living wage and conditions of work ensuring a decent standard of life IV. The State shall take steps to separate the judiciary from the executive Codes: a) I,II,III,IV b) I, II, III c) II, III, IV d) I, II, IV 20. A uniform civil code has been recommended in the Directive Principles to ensure a) To control the population growth b) National security c) National integration d) Support for weaker sections of society 21. Which of the following is/are listed among the Directive Principles in Part IV? I. Equal pay for equal work II. Uniform Civil Code III. Small family norm IV Education through mother tongue at primary level Codes: a) I, II and III b) I and II c) II and III d) I, II, III and IV 22. Which of "the following were added to the Constitution? I. To protect and improve the environment and safeguard wildlife II. Right of workers to participate in management of industries III. Right to work IV To protect and maintain places of historic interest Codes: a) I and III b) II and IV c) I, III and IV d) I and II 23. The enforcement of Directive Principles depends mostly on a) The Courts b) An effective opposition in Parliament

c) Resources available to the Government d) Public cooperation 24. Which of the following can be termed 'Gandhian' among the Directive Principles? I. Prevention of cow slaughter II. Promotion of Arts IV. Establishment of village Panchayats IV Uniform Civil Code for the country Codes: a) I, II, III and IV b) I, II, III c) I, III only d) I, II only 25. Among the 'Socialistic' Directive Principles may be listed I. Prevention of concentration of wealth II. Right to work III. Separation of judiciary from executive IV Organising agriculture along scientific lines Codes: a) I and II b) I, II and III c) II and IV d) I, II, III and IV Answers l.a 2.c 3. d 4.c 5. b 6. a 7. d 8. c 9. a 10. d 11. d 12. d 13. d 14. c 15. b 16. a 17. d 18. b 19. d 20. c 21. b 22. d 23. c 24. b 25. a ,

Council of Ministers



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 • Article 74(1) provides that "There shall be a Council of Ministers with the Prime Minister as its head to aid and advice the  President who shall, in exercise of his  functions act in accordance with such  advice."  • Article 75(1), "the Prime Minister shall be appointed by the President and other  Ministers shall be appointed by the President on the advice of the Prime o Minister." • The Council of Ministers is formed as o soon as the Prime Minister is sworn in. • The number of the Ministers in the o Council has been fixed in the o Constitution, where the number has been provisioned not to exceed 15% of the number of the MPs in the Lower o House. o • The Prime Minister has the right to refer to the President, the removal of dissident minister(s) because technically the ministers are responsible individually  to the President. • The Council of Ministers consists of  three categories of ministers - Ministers  of Cabinet rank, State Ministers and Deputy Ministers. Cabinet Ministers are the senior most Ministers to head a  department with portfolio. • They constitute the Cabinet and have  the right to attend all the Cabinet  meetings convened by the Prime  Minister. • The word 'Cabinet Ministers' has been incorporated into the Constitution  through the 44th Amendment Act in Article 352. • The Cabinet is the smaller body of the o o Council of Ministers. • Ministers of State are lower in rank to Cabinet Ministers and normally assist the o latter. o • Ministers of State are paid the same salary as the Cabinet Ministers, usually they are not given independent charge of o a ministry but the Prime Minister has the o prerogative to allot an independent charge if he desires so. • They cannot attend the Cabinet meetings normally but can be invited to

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attend them. • The Deputy Minister cannot hold  independent charge and always assist the Cabinet or State Minister or both.  • They never attend the Cabinet  meetings. • They are paid lesser salary than the  Cabinet rank ministers.  • The Cabinet is the supreme policy  making body. • The Cabinet is an extra Constitutional growth based upon convention.  Note: All Council of Ministers are not the  members of the Cabinet. • A Minister can be a member of either  House of the Parliament, but he is liable to vote in the House to which he belongs. • A person not belonging to any House can be appointed as a Minister but he has to get elected to either House within a period of six months, [Art75 (5)]. • Non-member cannot be re-appointed without being elected. • According to article 75 (2), Ministers hold office during the pleasure of the President.  Prime Minister • In the Scheme of the Parliamentary system of Government provided by the Constitution, the President is the nominal executive (de-jure) authority and the Prime Minister is the real executive authority (de-facto). • The President is the Head of the State while the Prime Minister is the Head of the Government. • Dr. B.R. Ambedkar stated: "If any functionary under our Constitution is to be compared with the U.S. President, he is the Prime Minister and not the President of India." • He is the leader of the party in power. • He is Political Head of the Services. • He is the crisis manager-in-chief at the political level during emergency. • He is the Chief Spokesman of the Union Government. • He plays a significant role in shaping the foreign policy of the Country. • As a leader of the Nation, he meets

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Chemistry Civil Eng. Electrical Eng. Mechanical Eng. Commerce Botany Physics Law Zoology Mathematics Medical Science Agriculture Statistics Geology

various sections of people in different o States and receives memoranda from them regarding their problems. • He is the ex-officio Chairman of the  Planning Commission, National Development Council, ' National Integration Council and Inter-state o Council. o • The Prime Minister plays a very o significant and highly crucial role in the politico-administrative system of the Country. o Powers and functions

Animal Husbandry..

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In relation to the Council of Ministers: • He recommends the persons who can  « Mains-Optionals Old Papers be appointed as the Ministers by the President i.e., the President can appoint only those persons as the Ministers who o « Social Sciences are recommended by the Prime Minister. • He allocates and reshuffles various  Economics portfolios among the Ministers.  Anthropology • He can ask a Minister to resign or advice the President to dismiss him in  Geography case of difference of opinion.  Sociology • He presides over the meetings of the  History Council of Ministers and influences its decisions.  Philosophy • He guides, directs, controls, and  Public coordinates the activities of all the Administration Ministers. Political Science • He can bring about the collapse of the  Council of Ministers by resigning from  Psychology the office any time. • He can call the meeting of the Cabinet any time. o Electrical Eng. • He is the Keystone of the Cabinet arch. • The position of the Prime Minister in o Mechanical Eng. the Council of Ministers is described as o Civil Eng. Primus Inter Pares i.e. first among o Geology equals. • The so called life and death of the o Law ruling party is the Prime Minister. o Medical Science • He summons and decides the agenda o Management of the Cabinet meetings. Even the venue of such meetings is decided by the Prime o Statistics Minister. o Animal Husbandry.. • He has right to call for any file from o « Basic Sciences any ministry. This right is basically in pursuance of his role as a coordinator of various ministries.  Botany

In relation to the President • He advises the President with regard to the appointment of important officials like—the Attorney-General of India, the Comptroller and Auditor General of India, the Chairman and the members of the UPSC, the Election Commissioner^ the Chairman and the Members of the Finance Commission, and so on.

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o • An advisory body to the President and o its advice is binding on him. • The chief crisis manager and deals with o all emergency situations. • Deals with all major legislative and financial matters.  • Deals with all foreign policies and foreign affairs. • Exercises control over higher o appointments like the Constitutional o authorities and senior Secretariat administrators. o Cabinet Committees o The Cabinet works through various committees. o • They are extra-constitutional in o emergence. The Rules of Business o provide for their establishment. • They are of two types, standing and ad hoc. The former are of a permanent nature while the latter are of a  temporary nature. • The ad hoc committees are constituted from time to time to deal with special o problems. They are disbanded after their task is completed. o • They are set up by the Prime Minister o according^ to the exigencies of the time and the requirements of the situation. o • Their number, nomenclature and composition varies from time to time. o • Their membership varies from three to o eight. • They are mostly headed by the Prime Minister. Sometimes, other Cabinet Ministers particularly the Home Minister or the Finance Minister also act as their  Chairman. But, in case the Prime Minister is the member of the committee, he invariably presides over

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« Syllabus

it. o • They are an organizational device to reduce the enormous workload of the o Cabinet. They also facilitate in-depth examination of policy issues and effective coordination. They are based on the principle of division of labour and effective delegation. There are four more important Committees -Political Affairs  Committee, Economic Affairs Committee, Appointments Committee and o Parliamentary Affairs Committee. First o three are chaired by Prime Minister and last one by the Home Minister. Of all the Cabinet committees, the most powerful o is the Political Affairs Committee, often o described as a "Super-Cabinet". Attorney-General of India o o

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Article 76 states that the President shall appoint a person who is qualified to be appointed as a Judge of the Supreme  Court to be the Attorney-General of India. He is the first legal officer of the Government of India. It is convention that, after the change of the Government, the Attorney-General resigns and the new Government appoints one of its own choice. He advises the Government of lndia on any legal matter. He performs any legal duties assigned by the President of India. He discharges any functions conferred on him by the Constitution or the President. In the performance of his duties, the Attorney-General shall have right of audience in all Courts in the territory of lndia. He shall neither advise nor hold a brief against the Government of India in cases in which he is called upon to advise the Government of India. Nor should he defend accused persons for criminal prosecutions without the permission of the Government of India. He is prohibited to take appointment as a Director in any company. The Attorney-General represents the Union and the States before the Courts but is also allowed to take up private practice provided, the other party is not the State. He is not paid a salary, but a retainer

that is determined by the President. Although he is not a member of the either House of the Parliament, he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is entitled to all the privileges and immunities as a Member of the Parliament. The retainer of the Attorney-General is equal to the salary, of a Judge of the Supreme Court. He is assisted by two Solicitors-General and four assistant Solicitors-General. The Attorney-General holds office during the pleasure of the President, and receives remuneration as the President may determine. Comptroller and Auditor General • Provisions regarding the Comptroller and Auditor General (CAG are given under Articles 148-151. • He is appointed by the President for a full term of 6 years or 65 years of age whichever is earlier. Duties of CAG • To audit the accounts of the Union and the States and submit the report to the President or the Governor, as the case may be. • To ensure that all the expenditures from the Consolidated Fund of India or States are in accordance with the Law. • To oversee that the money sanctioned by the Parliament or the State Legislature is being spent for the particular purpose for which it has been issued. • Also, to audit and report on the receipts and expenditure of the i) Government companies ii) All bodies and authorities 'substantially financed from the Union or the State revenues; and iii) Other corporations or bodies when so required by the Laws relating to such corporations or bodies. Since the enactment of the Comptroller and) Auditor General (Duties and Power)

Act, 1976, he ceases to prepare the accounts of the Union and the States, but he continues to audit the accounts of the Union, the States and the Public Sector undertakings under these Governments. The report of the CAG relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause it to be laid before the Legislature of the State. This report is immediately referred to the Public Accounts Committee of the Parliament which, after a detailed study prepares another report which is placed before the Parliament. The discussion in the Parliament takes place on the secondary report of the Public Accounts Committee. The CAG is an officer of the Parliament and he is called Ears and Eyes of the Public Accounts Committee. The CAG has no control over the issue of money from the Consolidated Fund of India or of any State. The CAG is concerned only at the stage of audit after the expenditure has already taken place.

Book: Indian Polity: For The Upsc Civil Services 2e
Contents.... Part I Constitutional Framework 1. Historical Background 2. Making of the Constitution 3. Salient Features of the Constitution 4. Preamble of the Constitution 5. Union and Its Territory 6. Citizenship 7. Fundamental Rights 8. Directive Principles of State Policy 9. Fundamental Duties 10. Amendment of the Constitution Part II System of Government 11. Parliamentary System 12. Federal System 13. Center State Relations 14. Inter State Relations 15. Emergency Provisions 16. Special Status of Jammu & Kashmir Part III Central Government 17. President 18. Vice President 19. Prime Minister 20. Central Councial of Ministers 21. Parliament 22. Supreme Court Part IV State Government 23. Governor 24. Chief Minister 25. State Councial of Ministers 26. State Legislaure 27. High Court Part V Local Government 28. Panchayati Raj 29. Urban Local Governments Part VI Union Territories and Special Areas 30. Union Territories 31. Scheduled and Tribal Areas Part VII Constitutional Bodies 32. Election Commission 33. Union Public Services Commission 34. State Public Service Commission 35. Finance Commission 36. National Commission for SCs and STs 37. Comptroller and Auditor General of India 38. Attorney General and Solicitor General of India 39. Advocate General of the State Part VIII Non-Constitutional Bodies 40. Planning Commission

41. 42. 43. 44.

National Development Council National Human Rights Commission Central Vigilance Commission Lokpal and Lokayuktas

Part IX Other Constitutional Dimensions 45. Official Language 46. Public Services 47. Tribunals 48. Special Provisions for SCs, STs and Others 49. Rights and Liabilities of the Government Part X Political Dynamics 50. Anti-Defection Law 51. Political Parties 52. Elections 53. Pressure Groups 54. National Integration 55. Foreign Policy Appendix I Articles of the Constitution (1-395) Appendix III Table of Precedence Appendix IV Report of the Constitutional Review Commission (2002) Appendix V Constitutional Amendments at a Glance Appendix VI Ministries/Departments of the Central Government Appendix VII Presidents, Vice-Presidents, Prime Ministers, etc. Appendix VIII UPSC Questions on Indian Polity (General Studies) Appendix IX Practice Questions on Indian Polity (General Studies

President Name Dr.Rajendra Prasad

Office Tenure Jan. 26, 1950 to May 13, 1962

Dr.Sarvepalli Radhakrishnan May 13, 1962 to May 13, 1967

Dr.Zakir Husain

May 13, 1967 to May 3, 1969

Varahagiri Venkata Giri

May 3, 1969 to July 20, 1969(acting)

Justice Mohammed Hidayatullah

July 20, 1969 to August 24, 1969(acting)

Varahagiri Venkata Giri

August 24, 1969 to August 24, 1974

Fakhruddin Ali Ahmed

August 24, 1974 to Feb. 11, 1977

B.D.Jatti

Feb. 12, 1977 to July 25, 1977(acting)

Neelam Sanjeeva Reddy

July 25, 1977 to July 25, 1982

Giani Zail Singh

July 25, 1982 to July 25, 1987

R.Venkataraman

July 25, 1987 to July 25, 1992

Dr.Shanker Dayal Sharma

July 25, 1992 to July 25, 1997

K. R. Narayanan

July 25, 1997 - July 25, 2002

Abdul Kalam

July 25, 2002 - July 25, 2007

Smt. Pratibha Devisingh Patil July 25, 2007 - till date Vice President Name
Dr. Sarvepalli Radhakrishnan

Office Tenure
May 13, 1952 May 12, 1962

Dr. Zakir Husain

May 13, 1962 May 12, 1967

Varahagiri Venkata May 13, 1967 May Giri 3, 1969 Gopal Swarup Not Available Pathak Basappa Danappa Jatti August 31, 1969 August 30, 1974 August 31, 1974 August 30, 1979

Mohammed Hidayatullah

August 31, 1979 August 30, 1984

Ramaswamy Venkataraman

August 31, 1984 July 27, 1987

Dr. Shankar Dayal Sharma

September 3, 1987 July 24, 1992

Kocheril Raman Narayanan

August 21, 1992 July 24, 1997

Krishan Kant **

August 21, 1997 July 27, 2002

Bhairon Singh Shekhawat

August 19, 2002 August 2007

Mohammad Hamid Ansari

Newly Elected

Prime Minister
Jawaharlal Nehru

Office Tenure
Aug. 15, 1947 - May 27, 1964

Party
Congress

Gulzari Lal Nanda

May 27, 1964 - June 9, 1964 (Interim)

Congress

Lal Bahadur Shastri June 9, 1964 - January 11, 1966

Congress

Gulzari Lal Nanda

January 11 - 24, 1966(Interim)

Congress

Indira Gandhi

Jan. 24, 1966 to March 24, 1977

Congress

Morarji Desai

March 24, 1977 to July 28, 1979

Janata Party

Charan Singh

July 28, 1979 - Jan. 14, 1980

Janata Party

Indira Gandhi

Jan. 14, 1980 to Oct. 31,1984

Congress (I)

Rajiv Gandhi

Oct. 31,1984 to Dec. 1,1989

Congress (I)

V. P. Singh

Dec. 2,1989 - Nov. 10, 1990

Janata Dal

Chandra Shekhar

Nov. 10,1990 - June 21, 1991

Janata Dal (S)

P. V. Narasimha Rao

June 21, 1991 to May 10, 1996

Congress (I)

Atal Bihari Vajpayee May 16 to June 1, 1996

Bharatiya Janata Party

H. D. Deve Gowda

June 1, 1996 to April 21, 1997

Janata Dal

I. K. Gujral

April 21, 1997 - Nov. 28. 1997

Janata Dal

Atal Bihari Vajpayee March 19, 1998 - May 22, 2004

Bharatiya Janata Party

Dr. Manmohan Singh

May 22, 2004 - till date

INC


								
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