Powers And Functions Of Vice President Of India Pdf
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- Vice President of India
- Constitutional Position Of The President And Governor (Relation With The Council Of Ministers)
- Presidency of the United States of America
- Powers and responsibilities of Vice President of India
She also becomes the first Asian to hold federal office.
Rule Unless the General Assembly decides otherwise, the General Assembly shall elect a President and twenty-one Vice-Presidents at 9 least three months before the opening of the session over which they are to preside. The President and the Vi ce-Presidents so elected will assume their functions only at the beginning of the session for which they are elected and shall hold office until the close of that session. The Vice- Presidents shall be elected after the election of the Chairmen of the six. Main Committees referred to in rule 98, in such a way as to ensure the representative character of the General Committee.
Vice President of India
Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Trade Unionism had made its headway owing to growth of industrialization and capitalism. The Ind Toggle navigation. Home Explore.
By Mohd Aqib Aslam Views President is the executive head of India, while the Governor of a State. The position and powers of the two are more or less similar. Election of the President The President is elected by an electoral college, in accordance with the system of proportional representation by means of the single transferable vote by secret ballot.
Two cardinal principles in this regard are: There shall be uniformity of representation of the different States at the election and parity shall be maintained between the States as a whole and the Union Art.
A person who has ten proposers and ten seconders. Presidential and Vice-Presidential Elections Act, can be nominated as a candidate for President's election.
President's election cannot be prevented or suspended on the ground that any vacancy exists in the electoral college electing him viz. The term of office of President is 5 years and he is eligible for re-election. Chiefs Justice of India or in his absence the senior-most Judge of the Supreme Court administers oath or affirmation to the President.
Qualifications for Election as President The Constitution lays down both positive as well as negative qualifications: Positive Qualifications. A person must Art. Powers of the President Executive Powers: All executive powers are exercised by him directly or through subordinate officers.
He is ex-officio Supreme Commander of the Defence Forces. He can declare war and make peace. He makes all important appointments such as those of the Governors, Lt. He makes rules for the more convenient transaction of business of the Government and allocates among Ministers such business.
He must be informed of all decisions of Council of Ministers. Legislative Powers President has the power to summon, prorogue and address the Parliament. He also dissolves the Lok Sabha.
He can also summon a joint sitting of both Houses of Parliament in case of a deadlock between them. He may send messages to either House of Parliament in regard to any Bill or to any other matter. Laying Reports before the Parliament viz. There are certain Bills which cannot be introduced in the Parliament without the previous sanction or recommendation of the President: creation or reorganization of States, Money Bill, a Bill involving expenditure from the Consolidated Fund of India, a Bill affecting taxation in which States are interested, and a Bill imposing restrictions on freedom of trade and commerce.
No Bill can become an Act without the President's signature. Except for Money Bills, he can return the other Bills for reconsideration of the Parliament. If, however, the two Houses pass the Bill again with or without amendments suggested by the President and the Bill is presented to the President, he cannot withhold assent from the Bill. Thus, the veto power' of the President is limited. When Parliament is not in Session, he may promulgate Ordinances.
The President nominates 12 members to Rajya Sabha from persons having special knowledge of arts, science, literature or social services. He also nominates 2 Anglo Indian members to the Lok Sabha, if, in his opinion, that community is not adequately represented. He can make advances out of the Contingency Fund of India to meet the unforeseen expenditure viz.
He has the power to determine the State's share of proceeds of the income-tax and the amount of yearly grants-in-aid to certain States He appoints the Finance Commission.
He causes to be laid before Parliament the Annual Financial Statement Budget' at the beginning of the financial year. Judicial and Diplomatic Powers The President is empowered to pardon offenders or to remit, reprieve, suspend or commute their sentences.
He appoints the Ambassadors and receives the credentials of the foreign diplomatic representatives. Emergency Powers When the security of the country is threatened, he can proclaim national emergency.
He also promulgates the President's rule in States. He can also promulgate financial emergency. All executive functions are executed in the name of President; authenticated in such manner as may be prescribed by rules to be made by President Art. The President has wide administrative powers to appoint and dismiss officers, ministers, etc. Article 73 provides that executive power of Union shall extend to the matters with respect to which Parliament has power to make laws and includes the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement.
Thus, executive power is co-extensive with legislative powers of Union. In Ram Jawaya Kapur v. State of Punjab AIR SC , it was observed: Ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away. It is neither necessary nor possible to give an exhaustive enumeration of kinds and categories of executive functions. Executive power is not confined to administration of laws already enacted but it includes determination of governmental policy, initiation of legislation, maintenance of law and order, promotion of social and economic welfare, foreign policy, etc.
For this purpose, Ministers are deemed to be officers subordinate to him. Article 74 1 provides that there shall be a Council of Ministers with Prime Minister at the head, to aid and advise President in exercise of his functions. Thus, relation between President and Council of Ministers are confidential. Prior to the 42nd Amendment, there was no clear provision in the Constitution that President was bound by ministerial advice. This amendment amended Art. However, by 44th Amendment, President has been given one chance to send back advice to the Council of Ministers for reconsideration.
However, President shall act in accordance with advice tendered after such reconsideration. Article 75 1 says that Prime Minister shall be appointed by President and other Ministers shall be appointed by President on the advice of Prime Minister. Collective responsibility implies that Council of Ministers is responsible as a body for the general conduct of the affairs of the government.
If a no-confidence motion is passed against any one Minister, the entire Council of Ministers must resign. Clause 1A , added to Art. He is the head of State but not of the executive. He represents nation but does not rule the nation. His place in the administration is that of a ceremonial device on a seal by which the nation's decisions are made known. He can do nothing contrary to the advice of Council of Ministers nor can do anything without their advice.
Alladi Krishna Ayyar, a member of the Drafting Committee of the Constituent Assembly, observed that the word President used in the Constitution merely stands for the fabric responsible to the Legislature.
What he means by the term President' is the Union Council of Ministers which is declared to be collectively responsible to the House of People i.
Lok Sabha. Except in certain marginal cases, President shall have no power to act in his discretion in any case: Council of Ministers is responsible to Lok Sabha.
If the President ignores the advice of Ministers enjoying the confidence in Lok Sabha, it may resign and thus create a constitutional crisis. It is obligatory on the President to have always a Council of Ministers. If he dismisses any Ministry having support of Lok Sabha, they may bring impeachment proceeding against him, this serves as a deterrent against the President assuming real powers. Appointment of Prime Minister - President's discretion is limited. Thus, when a single party gains an absolute majority and has an accepted leader, President's choice of selecting Prime Minister is a mere formality.
Similarly, if on the death or resignation of a Prime Minister, the ruling party elects a new leader, President has no choice but to appoint him as Prime Minister.
However, if no single party gains absolute or workable majority and a coalition government is to be formed, the President can exercise a little discretion and select the leader of any party who, in his opinion, can command the support of the majority in the Lok Sabha and form a stable government Shamsher Singh's case. However, even in such a situation i. First, in the case of defeat of ruling party in the lower House by a no- confidence motion, the President should invite the leader of the opposition.
Secondly, where none of the parties has attained absolute majority in the Lok Sabha, the President may invite the leader of the single largest party to form the government. Thirdly, if two or more parties form a coalition before the election and secure absolute majority in the election, the leader of such a coalition should be invited. Fourthly, the President should invite the leader of the coalition or alliance formed after the election.
Thus, it is a power of Prime Minister against his undesirable colleagues. It is, however, necessary to realise the idea of collective responsibility. Collective responsibility' implies that Council of Ministers is responsible to the Lok Sabha as a body for the general conduct of the affairs of the government. The entire Council of Ministers is made collectively responsible to the House and that ensures the smooth functioning of the democratic machinery.
The Council of Ministers work as a team and all decisions taken by the Cabinet are the joint decisions of all its members. No matter whatever be their personal differences of opinion within the Cabinet, but once a decision has been taken by it, it is the duty of each and every Minister to stand by it and support it both in the Legislature and outside. Lord Salisbury explained this principle of collective responsibility thus: For all that passes in the Cabinet each member of it who does not resign is absolutely irretrievably responsible, and has no right afterwards to say that he agreed in one sense to a compromise while in another he was persuaded by his colleagues.
Thus, as soon as a. Ministry loses the confidence of the House or is defeated on any question of policy, it must resign. If a no-confidence motion' is passed against any one Minister, the entire Council of Ministers must resign. If any Minister does not agree with the majority decision of the Council of Ministers, his option is to resign or accept the majority decision.
If he does not, the Prime Minister would drop him from his Cabinet and thus ensure collective responsibility. This is a great weapon in the hands of the Prime Minister through which he maintains unity and discipline in his colleagues Cabinet. Ambedkar said: The Prime Minister is really the endow that office with statutory authority to nominate and dismiss Ministers there can be no collective responsibility.
It needs to be clarified that along with the principle of collective responsibility the principle of individual responsibility of each Minister to the Parliament also works.
Constitutional Position Of The President And Governor (Relation With The Council Of Ministers)
In contrast to many countries with parliamentary forms of government, where the office of president , or head of state, is mainly ceremonial, in the United States the president is vested with great authority and is arguably the most powerful elected official in the world. They distrusted executive authority because their experience with colonial governors had taught them that executive power was inimical to liberty, because they felt betrayed by the actions of George III , the king of Great Britain and Ireland, and because they considered a strong executive incompatible with the republicanism embraced in the Declaration of Independence The Constitution succinctly defines presidential functions, powers, and responsibilities. Presidents appoint all cabinet heads and most other high-ranking officials of the executive branch of the federal government. They also nominate all judges of the federal judiciary, including the members of the Supreme Court. Their appointments to executive and judicial posts must be approved by a majority of the Senate one of the two chambers of Congress , the legislative branch of the federal government, the other being the House of Representatives. The Senate usually confirms these appointments, though it occasionally rejects a nominee to whom a majority of members have strong objections.
When a bill is introduced in Rajya Sabha, the vice president decides whether it is a financial bill or not. If he is of the opinion, a bill introduced in the Rajya Sabha is a money bill, he would refer the case to the Speaker of the Lok Sabha for deciding it. Article 66 of the Indian Constitution states the manner of election of the Vice President. The Vice President is elected indirectly by members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of Proportional Representation by means of the Single transferable vote and the voting is by secret ballot conducted by election commission. Venkaiah Naidu is the current Vice President of India. As in the case of the President, in order to be qualified to be elected as Vice President, a person must: . While in order to be a President, a person must be qualified for election as a member of the Lok Sabha House of Peoples , the Vice President must be qualified for election as a member of the Rajya Sabha Council of States.
If you like it let us know. The Vice-President of India is the second-highest constitutional office in the country. As has already been mentioned above, the V. The election must be held before the completion of the incumbent Vice-President. Also, see Note 2 under Article
The Vice President of India (IAST: Bhārat kē Uparāṣhṭrapati) is the second-highest constitutional office in India after the President. of the Rajya Sabha can perform the Vice President's duties as the Chairman of the Rajya Sabha in such an event. "Sections 7 & 8k, The representation of the people act," (PDF).
Presidency of the United States of America
List of Vice-Presidents of India: For every competitive examination the list of vice-presidents of India is of utmost importance. It is frequently asked in many examinations, so we at Guidely have mentioned the list of Vice-Presidents of India pdf for your convenience. Candidates are advised to read this list before going for their exam to gain better scores. According to the supreme power of our country i.
Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Trade Unionism had made its headway owing to growth of industrialization and capitalism. The Ind Toggle navigation.
Powers and responsibilities of Vice President of India
Create Your Own Website at Bluehost. Check It Now. Who among the following did not serve as the Vice-President of India before becoming President of India? Which one of the following is not appointed by the President of India? What is the minimum age prescribed for election as Vice-President of India?
Powers and Duties of the Chairman, as laid down by the Constitution of India. As the Presiding Officer, the Chairman of the Rajya Sabha is the unchallenged guardian of the prestige and dignity of the House. He is also the principal spokesman of the House and represents the collective voice to the outside world. He ensures that the proceedings of the House are conducted in accordance with the relevant constitutional provisions, rules, practices and conventions and that decorum is maintained in the House. He is the custodian and guardian of the rights and privileges of the House and its members. Due to several pressing and urgent engagements and preoccupations as Vice-President he may not be able to devote full time as Presiding Officer of the Rajya Sabha, but in practice he presides during the first hour of the sitting of the House which is the Question Hour.
Functions of the Vice-President
He occupies the second highest office in the country. This post has been based on lines of the American Vice President. He is given a rank next to the President of India in the official Warrant of precedence. Presently, Shri M. Venkaiah Naidu graces the office of Vice President in India. He is the 13th Vice President of the country.
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