President

Question

1. Analyze the President’s discretionary powers in appointing the Prime Minister and their role in shaping the stability of the government, especially in coalition politics, and its impact on governance.

2. Examine the President’s role as the Supreme Commander of the Armed Forces and assess how this constitutional position influences civil-military relations and national security policies.

3. Evaluate the President’s power to issue ordinances and its relevance in modern governance, considering the balance between executive efficiency and the democratic principle of legislative oversight.

4. Analyze the President’s role in the process of constitutional amendment, exploring how the President acts as a check on constitutional changes and safeguards against potential abuse of power.

5. Examine the relationship between the President’s power to grant pardons and the principles of justice, mercy, and constitutional morality, particularly in the context of high-profile criminal cases.

6. Assess the President’s role in the appointment of key constitutional functionaries, such as judges and governors, and its impact on the independence of the judiciary and federal structure.

7. Analyze the President’s role in the proclamation of emergency and its implications for civil liberties, examining the balance between national security concerns and the protection of individual rights.

8. Examine the President’s constitutional duty to protect and defend the Constitution, exploring how this role manifests in instances of constitutional crises or conflicts between different branches of government.

9. Evaluate the President’s role in international affairs, including the power to conclude treaties, and assess how this constitutional authority intersects with the principles of parliamentary consent and democratic accountability.

10. Analyze the President’s role in the dissolution of the Lok Sabha and its impact on the democratic process, considering the circumstances under which this power can be exercised and its implications for electoral politics.

Articles 52-78

Election

• conducted by EC as per method in Article 55(3)
• by electoral college (Article 54) with only elected members of
  • both houses
  • State LA
  • LA of Delhi & Pondicherry
• single transferable vote system
• uniformity in scale of representation
• candidate must not hold office of profit
  • exception: Prez, VP, Gov, UCom, SCom
• any inquiries via SC only

Quota System

Winning candidate must secure quota of votes

$$Quota=\frac{TotalVotes}{TotalSeats+1}+1$$

In case of India,

$$Quota=\frac{TotalVotes}{2}+1$$

i.e. $>$ 50% votes

Why Indirect Election?

• Prez == nominal executive only
• direct election costly, time consuming

Impeachment

• quasi judicial procedure in Parl
• nominated members too participate
• Delhi/Pondicherry LA members don’t participate (even though they voted in election)

Powers

1. Exec
   • appt. CAG, Attorney General, Prime Minister, Council of Ministers
   • seek info abt administrative affairs
   • appt. Inter State Council to promote centre state and inter state coop
   • appt. commission for SC/ST (refer: Article 340)
2. Legis
   • summon or prorogue parl, dissolve LS, summon joint sitting (presided by LS Speaker)
   • must ensure $<$ 6mo b/w 2 sessions of Parl
   • address Parl at commencement of first session after general election and first session every yr
   • nominates 12 RS members
   • prior recommendation needed for certain bills (derived from Indian Councils Act 1861)
     • money bills
     • altering boundaries of states
       • see also: State Reogranization
   • Ordinance
   • lays report of CAG, UPSC, FC
3. Financial
   • recommends money bill
   • no demand for grant except on Prez recommendation
   • Contingency Fund of India at his disposal
   • Article 112: lays Annual Financial Statement
     • see also: Budgetary Provisions
4. Judicial
   • appt CJI, SC/HC judges
   • seek advice from SC (Article 143)
   • Clemency Powers of President
5. Diplomatic
   • intl. treaties, agreements negotiated on behalf of Prez
6. Military
   • supreme commander of defence forces, appoints chiefs of army, navy, air force
   • declare war or conclude peace
7. Emergency
   • refer: Emergency Provisions

Veto Powers

• Absolute
• Suspensive
• Pocket

Vacancy

• Vice President takes over for upto 6mo
  • but not if vacancy due to end of Prez term
  • ideally, election for next Prez to be done before term end
• Hierarchy of takeover: VP > CJI > Senior most SC Judge

Prez and CoM

• Article 74(1): there shall be a CoM with PM as head to advice Prez
• Shamsher Singh v State of Punjab
  • India similar to UK $⟹$ Prez bound by aid & advice of CoM
  • Court relied on constitutional assembly debates and Article 75(3) to arrive at concl.
• 42nd CAA 1976 amended 74(1): advice of CoM made explicitly binding on Prez
• Prez may require CoM to reconsider but if CoM issue same after reconsideration, then Prez must follow

Discretionary Powers

• Proviso 274(1): Prez may ask for reconsideration of advice tendered by CoM
• Proviso 211: Prez may exercise suspensive veto
• 78(b): Prez may ask PM to provide him with info related to affairs of Union and other imp legis matters
• 78(c): Prez may ask for reconsideration of a decision taken by minister without consideration of rest of CoM

Situational Discretion

1. Appt of PM when no party has clear maj in LS or when PM dies suddenly and no obvious successor
2. Dismissal of CoM when it can’t prove confidence of LS
3. Dissolution of LS if CoM lost majority