UNION & STATE EXECUTIVE
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UNION EXECUTIVE
The union executive comprises the President, Prime Minister & the Council of Ministers
President assumes as ‘ORNAMENTAL POSITION’
He is called the “NOMINAL EXECUTIVE”
The day to day administration is carried out by the Council of Minister - the ‘REAL EXECUTIVE’
PRESIDENT
Art 52 to 78 in Part V deal with the union executive
The President is the Head of the Indian State
He is the first citizen of India, act as the symbol of unity, integrity of the nation
According to Art 52, there shall be a President of India. The executive power of the union is rested (given) to him
Art 53 – he shall exercise such powers either directly or through the officers sub – ordinate to him
NOTE >>> 44th Amendment Act, the powers of President and made him to act on the advice of the council of Minister
Art 54 - ELECTION OF PRESIDENT
President is elected indirectly by an electoral college consisting of
Members of RajyaSabha & elected members of LokSabha
Members of State Legislative Assembles
TERM / DURATION OF PRESIDENT
Elected for a period of 5 yrs
He shall also be eligible for reelection
He can resign from his office at any time addressing the resignation letter to the vice-president
If the office of President falls vacant due to resignation death or impeachment, the vice president will take over the responsibility till the new President takes over
QUALIFICATION
Must be a citizen of India
Must have attained the age of 35 yrs
Must have attained all qualified for election as a members of Loksabha
DIS – QUALIFICATION
Should not hold an office of profit
OATH OF PRESIDENT
The President shall take the oath of the office
In the presence of the chief justice of supreme court
In his absence, the senior most judge of supreme court
IMPEACHMENT ( Removal)
President may be removal from office by the process called Impeachment on grounds of proven misbehavior
It can be initiated in either house of parliament at least 1/4th of the members, which framed the charges for Impeachment should sign their charges, a 14 days’ notice shall be given to the President
The bill passed by a 2/3rd majority of the house; it is sent to another house, which shall investigate the charges.
POWERS & FUNCTIONS OF PRESIDENT
1. Legislative Function
2. Executive Function
3. Judiciary Function
4. Financial Function
5. Military Function
6. Diplomatic Function
7. Emergency Function
1. LEGISLATIVE FUNCTION
President nominate 2 members to the LokSabha – Anglo Indian Community
President nominates 12 members to the RajyaSabha - special knowledge’s art, literature, science, social service
President can order either houses of parliament to dissolve the LokSabha
President can call the joint session / joint sitting of the houses of parliament
President can give Ordinances ( order) when the parliament is not in session
President lays the reports of CAG, UPSC, (union public service commission), Finance commission, etc
When a bill has been passed by both the houses of parliament, it shall be presented to the President, the president can
1. Give the asset (approval) to the bill
2. With hold his asset to the bill
3. Return the bill for Re-modification
2. EXECUTIVE FUNCTION
Executive action of the GOI shall be expressed in the name of President
President appoints the prime minister & COM (Council of Minister)
President appoints highest constitutional functionaries ( CAG, CEC, CFC, CVC)
President appoints the members of UPSC, NCW (national commission for women), BCC (backward class commission), and NHRC (national human rights commission).
President enjoys the powers of removing the highest constitutional functionaries
3. JUDICIAL FUNCTION
President appoints the chief justice and other judges of supreme court
President may appoint an acting chief justice when the office of chief justice of India is vacant / absent or unable to perform the duties of office
President can seek advice from the supreme court on any question of law
4. FINANCIAL FUNCTION
Money bill can be introduced in the parliament only with the prior recommendation of the president
President constitutes a finance commission after every 5 yrs to recommend the distribution of taxes b/w the center & state
5. DIPLOMATIC FUNCTION
National, International & conventions will be negotiated & concluded in the name of President
They send & receive diplomatic representatives like Ambassadors / HC
6. MILITARY FUNCTION
President appoints chief of army, navy, air force
He can declare war / conclude peace treaties
7. EMERGENCY FUNCTION – 3 Types
National Emergency – Art 352
State Emergency – Art 356 (Presidential Rule)
Financial Emergency – Art 360
VICE PRESIDENT
Art 63 Provides for the office of vice president of India
ELECTION:
The vice president is elected by the members of both the houses of parliament at a joint session
Art 64 The Vice President is the ex-officio chairman of Rajya Sabha
Art 65 The powers of the president to the vice president in the following
In any vacancy in the office of president by reasons of death, resignation, removal, the vice president shall discharge the function of president
The president is unable to discharge his function in case of absence, illness or any other cause, the vice president shall discharge his function
PRIME MINISTER
There shall be a council of minister headed by the prime minister
Most important man in political system of India
APPOINTMENT
The prime minister shall be appointed by the president & others ministers (each dept. like education, railways minister, etc.), shall be appointed by the president on the advice of prime minister.
QUALIFICATION
He should be a citizen of India
Should be 25 years of age
COM shall collectively responsible to the house of the people
President is the head of the state while prime minister is the head of the government
POWERS & FUNCTIONS
1. IN RELATION TO THE PRESIDENT
Prime minister is the principle channel of communication between the president and COM, relating to administrative matters
2. IN RELATION TO THE PARLIAMENT
Prime minister is leader of lok sabha
He recommend dissolution of lok sabha to president at any time
Chief of the government announces government policies on the floor of house
3. IN RELATION TO COM
He recommends persons who can be appointed as ministers by the president
He allocates various portfolios(duties) among the ministers
He can ask a minister to resign or advice the president to dismiss him
He guides, control, directs & co-ordinates the activities of ministers
4. MISCELLANEOUS FUNCTION
He play a vital role in shaping the foreign policy of the country
He is the crisis manager in chief at the political level during emergency
- The First Prime Minister of India was Jawaharlal Nehru from Congress party (Only party was there at 1947) or the first party which was established in India.
- Narendra Modi is the 14th Prime Minister of India.
STATE EXECUTIVE
The state executive comprises the Governor, Chief Minister & the Council of Ministers
He is called the “NOMINAL EXECUTIVE’
The day to day administration is carried out by the Council of Minister – the ‘REAL EXECUTIVE’
GOVERNOR
Art 152 to 167 in Part VI deal with the state executive
The Governor is the Head of the State Government
Constitutional head of the State
Chief executive of the State
Art 153, constitution provides for an office of the governor in states
APPOINTMENTS
President appoints a Governor
TERM / DURATION OF GOVERNOR
Term of office is 5 yrs
He can also resign anytime by addressing & his resignation to the president
QUALIFICATION
Must be citizen of India
Completed the age of 35 years
DIS-QUALIFICATION
Should not be a member of either house of parliament or state legislative
Office of profit
OATH OF GOVERNOR
In presence of the chief justice of high court
In his absence, the senior – most judges of high court
POWERS & FUNCTIONS OF GOVERNOR
1. Legislative Function
2. Executive Function
3. Judiciary Function
4. Financial Function
5. Emergency Function
1. LEGISLATIVE FUNCTION
Governor nominate 1 members to the SLA – Anglo Indian Community
Governor nominates 1/6th of the member to state legislative council (SLC) from among various specialized fields
Governor can dissolve the state legislative assembly
Governor can call the joint session / joint sitting of the houses of Legislature
He can promulgate ordinances (order) when the SL (state legislative) not in session He says reports of the SFC(state finance commission), SPSC( state public service commission), Auditor General relating to the accounts of the state legislative
2. EXECUTIVE FUNCTION
Executive actions of the government of state are formally taken in the name of Governor
Governor appoints chief minister and council of minister
He appoints the SEC (state election commission)
He appoints the chairman & other members of SPSC however they can be removed by president not by the Governor
3. JUDICIAL POWERS
President appoints the judges of the concerned state high court consults the Governor
Governor appoints the district judges in consult with the state high court
He appoints the judicial service of the state in consult with high court and SPSC
4. FINANCIAL POWERS
Annual financial statement (state budget)
Money bill can be introduced only with his prior recommendations of the Governor
Finance commission after every 5 years to review the financial position of local self-government
5. EMERGENCY FUNCTION
He can recommend to President's Rule of the state
CHIEF MINISTER
There shall be a council of minister headed by the Chief minister Most important man in political system of State Government
APPOINTMENT
Governor appoints the chief minister and other ministers shall be appointed by the Governor on the advice of Chief minister
Governor invites the leader of the majority party in the legislative assembly to form the government
QUALIFICATION
He should be a citizen of India
Should be 25 years of age
COM shall collectively be responsible to the SLA
Governor is the head of the state while Chief minister is the head of the government
POWERS & FUNCTIONS
1. IN RELATION TO THE GOVERNOR
Chief minister is the principle channel of communication b/w the Governor and COM, relating to administrative matters
2. IN RELATION TO THE STATE LEGISLATIVE
He minister is leader of SLA
He recommend dissolution of SLA to Governor at any time
Chief of the government announces government policies on the floor of house
3. IN RELATION TO COM
He recommends persons who can be appointed as ministers by the Governor
He allocates various portfolios(duties) among the ministers
He can ask a minister to resign or advice the Governor to dismiss him
He guides, control, directs & coordinates the activities of ministers
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