President

Electoral College - Elected MP, MLA (states + UT of Delhi & Puducherry)•Qualification - Citizen + 35 yrs + Qualified to be MP of Lok Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union or state minister not deemed to be OOP) + 50 proposers & 50 seconders + 15000 Rs.

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President enjoys personal immunity from legal liability for his official acts.•

Immune from CRIMINAL proceedings. Cannot be arrested or imprisoned○

CIVIL proceedings : give advance 2 months notice○

Personal Acts : (Same for Governor)•

Impeachment : Impeachment Bill to be passed by 2/3rd majority in both houses or parliament•

Conduct election in 6 months○

Acting President : VP --> CJI --> Seniormost judge of SC○

Office VACANT due to death, resign, impeachment, election void etc :•

Can make regulation for the peace, progress and good government of A & N islands, Lakshadweep , Dadra and nagar Haveli , Dama n and diu. Also for Puducheery when assembly is suspended or dissolved. Not for Delhi & Chandigarh.

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Appointment of PM when no party has clear majority○

When PM in office dies suddenly and there is no obvious successor○

Dismissal of council of minister (COM) when it cannot prove confidence of Lok Sabha○

Dissolution of Lok Sabha if the COM has lost its majority○

The president is bound by the advise of the ministers. He can do nothing contrary to their advise nor he can do anything without their advise. However after 44th const amendment , the president can require the council of ministers to reconsider the advise. However he SHALL act in

accordance with the advice tendered after such reconsideration. He can act in his own discretion only in following situations :

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The Governor is bound to reserve the bill for the consideration of president when the bill endangers the position of the state high court.•The SC has held that wherever the constitution require the satisfaction of the president, it is the satisfaction of the counc il of ministers and not the personal satisfaction of the President.

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He summon the joint sitting of both houses of the Parliament.•The Budget is to be passed within 75 days.•

Powers of President

VETO POWER (No VETO power in respect of Constitution Amendment Bills) 1.

Absolute VETO : w/h his assent to a bill passed by the parliament (i.e. reject)○

Cannot return a money bill (can give or w/h assent only)□

If passed again, will have to give his assent. Parliament can override VETO power of president.□

Suspensive VETO : Return a bill for re-consideration.○

Pocket VETO : DO nothing - keep it pending for an indefinite period○

Qualified VETO : Bill re-passed by higher majority by parliament - not required in Indian context.○

The power can be exercised for bills of state legislature also. However, State legislature CANNOT override the VETO power of president.The president cannot return a money bill for the reconsideration of MP or MLA (when bill is reserved by governor).

Ordinance making power - Conditions :2.

Only on the advise of council of ministers○

Cannot be issued to amend the constitution○

Any 1 house of parliament is not in session○

Existence of circumstance as to render necessary to take immediate action. President's satisfaction can be justiciable on ground of malafide

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Co-extensive with power of parliament i.e. issue ordinance on matter in which parliament can legislate and within constitutional limit○

Approve by parliament within of its re-assembly○

Pardoning power :3.

Pardon : Remove sentence and the conviction - In case of death sentence under Union or court martial law. Only president can pardon death sentence even under state law. The power is to be exercised on the advise of the union cabinet.

a.

Commutation : Substitution of one form with a lighter formb.Remission : reducing the period of sentence without changing its characterc.Respite : awarding a lesser sentence due to some special fact e.g. physical disabilityd.Reprieve : stay on execution for a temporary periode.

Nomination power :4.

Rajya Sabha : 12 MP from person having special knowledge ; Lok Sabha : 2 MP- form anglo Indian community○

Governor : LA : 1 MLA- form anglo Indian community ; LC : 1/6th members having special knowledge○

Executives15 June 2013

23:05

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Governor

Reserving a bill for president

Recommending for imposing president rule

Exercising power as administrator of adjoining UT.

Seeking info from CM regarding administrative ad legislative matters of the state

Determining the royalty payable by Govt of Assam, Meghalaya, Tripura and mizoram to Tribal district council for mineral exploraiton

He can at time act in his own discretion while a president CANNOT. The decision of the Governor regarding whether a matter fa lls within his discretion is final and validity of it cannot be challenged. In following cases he has discretion (apart from situational discretion same as president) :

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Ministerial advise are not binding on the governor but are binding on the President.○

The Governor can :•

Vice President

Electoral College - Elected & Nominated MP, MLA•Qualification - Citizen + 35 yrs + Qualified to be MP of Rajya Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union or state minister not deemed to be OOP) + 20 proposers & 20 seconders + 15000 Rs

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Doubt / dispute in election of VP / President - Inquiry by SC•When he acts as president, his function in Rajya Sabha is performed by Deputy Chairman of Rajya Sabha.•

Prime Minister

The resignation / death of an incumbent PM automatically dissolves the council of ministers .•He is the principal channel of communication between the President and the council of ministers.•

Union Council of Ministers

A minister has the right to speak and to take part in the proceedings of BOTH houses but he has right to vote in the house in which he is a member.

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When the Lok Sabha passes the no confidence motion, all minister incl those in Rajya Sabha has to resign. The resignation of the PM amounts to resignation of the entire COM.

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All ministers has collective responsibility i.e. they should stand by cabinet decisions and support them both within and outs ide the Parliament otherwise he must resign.

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State Council of Ministers

There shall be a Minister in charge of Tribal welfare who may in addition be in charge of the welfare of the SC and BC or any other work in the states of JHARKHAND, MP, CHHATTISGARH & ORISSA.

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Satisfaction of Governor = Satisfaction of Council of Ministers•

Individual privileges of MP

Cannot be arrested when house is in session and also 40 days before the beginning and 40 days after the end of session IN CIVIL CASES. And not in case of criminal cases and preventive detention.

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Freedom of speech in Parliament•Exempted from jury service when parliament is in session.•

Oath of Affirmation

Sl. No. Appointee Administered by

1 President Chief Justice of India

2 Governor Chief Justice of concerned high court or senior most judge

3 VP President

4 PM President

5 CM Governor

6 Council of Ministers President

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6 Council of Ministers President

7 MP President

8 Speaker/ Deputy Speaker of Lok Sabha

Does not subscribe to any oath

9 SC judge President

10 HC Judge Governor

11 State Council of Ministers Governor

12 MLA Governor

Mode of Appointment

Sl. No. Person Who appoints ? Qualification Condition of service & tenure of office

1 President Electoral College Citizen + 35 yrs + Qualified to be MP of Lok Sabha + No office of Profit -

OOP (Post of President, VP, Governor, Union minister not deemed to be OOP)

Emoluments decided by Parliament•For 5 years. No condition of max age. Beyond 5 years, till successor takes charge - VP doesnot takes charge (normally election to be held before expiry of term)

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Also eligible for re-election•Resignation letter to VP.•

2 Governor President (to enable the centre to maintain its control over the states)

35 yrs + Citizen of India + should not be MP/ MLA (automatically vacate post)

Emoluments decided by Parliament•For 5 years (subject to pleasure of the president - non justiciable) . No condition of max age. Beyond 5 years, till successor takes charge.

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Also eligible for re-election•Resignation letter to President.•

3 Vice President Electoral College Citizen + 35 yrs + Qualified to be MP of Rajya Sabha + No office of Profit -OOP (Post of President, VP, Governor, Union minister not deemed to be OOP)

For 5 years. No condition of max age. Beyond 5 years, till successor takes charge

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Also eligible for re-election•Resignation letter to President.•

4 Prime Minister President Leader of the majority party in Lok Sabha. When no clear majority, president use its discretion and ask PM and ask him to seek a vote of

confidence within 1 month.

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Majority is to be proved after appointment within a reasonable

period

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Has to be a member of either house of parliament

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5 Chief Minister Governor Same Same

6 Council of Ministers President On the advise of PM•Total no = max 15% of the total strength of Lok Sabha

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Shall not be disqualified on ground of defection

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Shall become MP of either house within 6 months

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Salary / allowances determined by parliament

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7 State Council of Ministers

Governor On advise of CM•Total no = 15% incl CM. Min no = 12•Shall not be disqualified on ground of defection

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Shall become MLA of either house within 6 months

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Salary / allowances determined by MLA•

Procedure of Removal

Sl. No. Person Who can remove ? Condition

1 President (process known as

1. Impeachment bill passed with 2/3rd majority of total membership in both houses of the Parliament

Process :

Violation of the constitution

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impeachment) Process :

Initiation of impeachment proceeding by either house of parliament by 1/4th members of the house

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14 days notice to the president•2/3rd majority (of the total membership of the house) bill passed in one house then sent to other which will investigate charge and pass bill with 2/3rd majority

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President stands removed from office from the date on which bill was passed.

2 VP Resolution in Rajya Sabha by ABSOLUTE majority and agreed to by the Lok Sabha by a SIMPLE majority. 14 days advance notice is reqd

No grounds specified

3 PM President when he loses the confidence of the Lok sabha - he must resign or the president can dismiss him

4 Any Minister President on advise of PM Generally, in case of diff of opinion or dissatisfaction with performance

5 Lok Sabha Speaker / Deputy

Speaker of LS/ RS / LA / LC

MP - by resolution passed by a ABSOLUTE majority of all the members of LS -advance 14 days notice. During this process, he cannot preside the house.

Motion to be supported by at least 50 members.

6 Chairman of RS Remove him as VP

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