Friday, 18 March 2011

Indian Government : At Union Level

Vice President     Council of Ministers



The Union executive consists of the President, the Vice President and the Council of Ministers with the Prime Minister at the head to aid and advise the President.
The President
The President must :
1. be a citizen of India,
2. be qualified for election as a member of the House of the People (Lok Sabha)
3. have completed the age of 35 years,
4. not hold any office of profit under the Government of India, or the Government of State,
or under any local authority.
Method of Election – The president is indirectly elected by a body of electors forming the electoral college which includes the elected members of both houses of Parliament as well as the elected members of the Legislative Assemblies of the states.

He is elected in accordance with the system of proportional representation by the method of a single transferable vote the number of voter cast by each member of the legislative assembly and by each member of the parliament is obtained by the following formula :

The number of votes cast by each member of L.A.

      = {Total population of  the  state / Total elected  members of  the  Assembly} ÷ 1000
Each member of the Parliament will have as many votes as

       = Total number of  votes assigned to  the Assemblies ÷ Total number of elected members of Parliament
Term of Office – His term of office is five years unless he resigns or is removed from office by impeachment. He is eligible for re-election.
Impeachment of the President – The president may be impeached on a charge of violating the constitution. Such impeachment can be moved in either House of the Parliament by means of a resolution. Such resolution can be moved, only, if 14 days' notice in writing duly signed by at least one-fourth of the total membership of the House concerned is given. Such a resolution must be passed by at least two-thirds of the total membership of the House concerned. The charges must be investigated by the other House. The president has the right to be heard and defended during the investigation of the charges against him. If the investigating House sustains the charges by a resolution, adopted by a two-third majority. The president must be removed from office at once.
Powers of the President —
1.        Executive Powers – The President appoints the Prime Minister, the Governors, diplomats, judges of the Supreme Court and of the High Courts, the Chairman and members of the Union Public Service Commission, Chief Commissioners of Union Territories, the Attorney-General of India, the Comptroller and Auditor-General of India, the members of Finance Commission and Election Commission. He is the supreme commander of defence forces.
 
2.       Legislative Powers – The President summons, prorogues, addresses, sends messages to Parliament and dissolve the Lok Sabha; promulgates ordinance at any time, except when both Houses of Parliament are in session, water recommendations for introducing financial and money bills and gives assent to bills, grants pardons; reprieves, respites or remission of punishment or suspends, remits or commutes sentences in certain cases. When there is a failure of the constitutional machinery in a State, he can assume to himself all or any of the functions of the government of the State.
 
3.       Emergency Powers – If President is satisfied that the security of the country is in danger because of any reason, he may issue a proclamation of emergency.
 
4.       Financial Powers – No Money Bill or demand for grant can be introduced or moved in Parliament, unless it has been recommended by the President.
 
5.       Judicial Powers – He has the power to grant pardon, reprieve or remit of punishment or commute death sentences.

Vice President
The Vice-President is elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote. He must be a citizen of India, not less than 35 years of age and eligble for election as a member of the Rajya Sabha. His term of office is five years and he is eligible for re-election.

The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness or any other cause or till the election of a new President. While so acting, he ceases to perform the function of the Chairman of the Rajya Sabha.
Council of Ministers
The Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions. He is the leader of the party that enjoys a majority in the Lok Sabha. The Prime Minister is appointed by the President who also appoints other ministers on the advice of Prime Minister.

The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers and information relating to them.

The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State (independent charge), Ministers of State and Deputy Ministers.

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