ergvt

Qualifications for Election as President of India.
A person to be eligible for election as President should fulfill the following qualifications:
1. He should be an indian citizen.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok Sabha.
4. He should not hold any office of profit under the Union government or any state government or any local authority or
any other public authority.
Note: First president of India: Dr. Rajendra Prasad. No person except Dr. Rajendra Prasad has occupied the office for two
terms. Currently, we have Ram Nath Kovind as the 15th president of India.
Term of President’s Office
• The President holds office for a term of five years • He can resign from his office at any time by addressing the
resignation letter to the Vice President. • Further, he can also be removed from the office before completion of his term by
the process of impeachment.


Impeachment of President
• The President can be removed from office by a process of impeachment.
• The impeachment charges can be initiated by either House of Parliament.
• These charges should be signed by one-fourth members of the House and a 14 days’ notice should be given to the
President.
• After the impeachment resolution is passed by a majority of two-thirds of the total membership of both Houses, then the
President stands removed from his office from the date on which the resolution is so passed.
Directive Principle of State Policy(DPSP)
The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51.
The framers of the Constitution borrowed this idea from the Irish Constitution .
Dr B R Ambedkar described these principles as ‘novel features’ of the Indian Constitution .
Classification of Directive Principles .
They can be classified into three
● Socialistic Principles
● Gandhian Principles
● liberal–intellectual Principles Socialistic Principles .
SOCIALIST PRINCIPLES>
● These principles reflect the ideology of socialism.
● They direct the state: Article 38 -To promote the welfare of the people by securing a social order and to minimise
inequalities .
● Article 39 A- To promote equal justice and to provide free legal aid to the poor.
● Article 41-To secure the right to work, to education and to public assistance in cases of unemployment, old age,
sickness and disablement.
● Article 42-To make provision for just and humane conditions of work and maternity relief.
GANDHIAN PRINCIPLES>
● These principles are based on Gandhian ideology..
● They require the State:
● Article 40-To organise village panchayats and endow them with necessary powers and authority to enable them
to function as units of self-government .
● Article 43-To promote cottage industries on an individual or co-operation basis in rural areas .


● Article 43B -To promote voluntary formation, autonomous functioning, democratic control etc..
LIBERAL -INTELECTUAL PRINCIPLES.
● The principles included in this category represent the ideology of liberalism.
● They direct the state:
● Article 44-To secure for all citizens a uniform civil code throughout the country .
● Article 45-To provide early childhood care and education for all children until they complete the age of six years.
● Article 48-To organise agriculture and animal husbandry on modern and scientific lines .
Attorney General of India
• He is the highest law officer in the country.
• The Attorney General (AG) is appointed by the president.
. • He holds office during the pleasure of the president.
DUTIES AND FUNCTIONS OF AG
• To give advice to the Government of India upon legal matters.
• To perform duties of a legal character that are assigned to him by the president.
• To appear on behalf of the Government of India in all cases in the Supreme Court in which the
Government of India is concerned.
• He has the right to speak and to take part in the proceedings of both the Houses of Parliament


JURISDICTION AND POWERS OF SUPREME COURT .
The jurisdiction and powers of the Supreme Court can be classified into the following:
1. Original Jurisdiction: The Supreme Court decides the disputes between different units of the Indian Federation.
2. Writ Jurisdiction: The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo
warranto and certiorari for the enforcement of the fundamental rights.
3. Appellate Jurisdiction: The Supreme Court is primarily a court of appeal and hears appeals against the judgments of the
lower courts.
4. Advisory Jurisdiction: The Constitution (Article 143) authorizes the president to seek the opinion of the Supreme Court.
5. A Court of Record: The judgments, proceedings and acts of the Supreme Court are recorded for perpetual memory and
testimony.
6. Power of Judicial Review: It is the power of the Supreme Court to examine the constitutionality of legislative
enactments and executive orders of both the Central and state governments.
7. Constitutional Interpretation : The Supreme Court is the ultimate and final interpreter of the Constitution. It is the
guardian of the Constitution and guarantor of the fundamental rights of the citizens.
8. Other Powers: It decides the disputes regarding the election of the president and the vice-president. It enquires into the
conduct and behaviour of the chairman and members of the Union Public Service Commission on a reference made by the
president. Its law is binding on all courts in India.


Powers and functions of Governor
The powers and functions of the governor are
1. Executive powers. 2. Legislative powers.
3. Financial powers. 4. Judicial powers.
1. Executive Powers
All executive actions of the government of a state are formally taken in his name.
He appoints the chief minister and other ministers, advocate general of a state, state election commissioner, etc .
He also appoints the vice-chancellors of universities in the state.
2. Legislative Powers
He can call the state legislature and dissolve the state legislative assembly.
He can address the state legislature at the commencement of the first session after each general election and the first
session of each year.
He can appoint any member of the State legislative assembly to preside over its proceedings.
He can nominate one member to the state legislature assembly from the AngloIndian Community.
3. Financial Powers
*constitute a finance community..
Money bills can be introduced in the state legislature only with his prior recommendation.
He constitutes a finance commission after every five years to review the financial position of the panchayats and the
municipalities.
4. Judicial Powers
Appoints chief justice and judges of courts
He is consulted by the president while appointing the judges of the concerned state high court .
He makes appointments, postings and promotions of the district judges in consultation with the state high court.
He also appoints persons to the judicial service of the state in consultation with the state high court and the State Public
Service Commission.


MEMBERSHIP OF PARLIAMENT (Rajya Sabha & Lok Sabha) .
Qualifications .
The Constitution lays down the following qualifications for a person to be chosen a member of the Parliament (MP)
• He must be a citizen of India.
• He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok
Sabha.
• He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for
them.
Disqualifications
Under the Constitution, a person shall be disqualified for being elected as a member of Parliament:
If he is of unsound mind and stands so declared by a court.
If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state .
If he is so disqualified under any law made by Parliament.
He must not have been found guilty of certain election offence .
He must not have been convicted for any offence resulting in imprisonment for two or more years.
Appeal by Special Leave.
The Supreme Court of India may in its discretion be able to grant special leave to appeal from any judgment or decree or
order in any matter or cause made or passed by any Court/tribunal in the territory of India. The Supreme Court of India may
also refuse to grant the leave to appeal by exercising its discretion.
• It is a special power of Supreme court.
This provision contains the four aspects as under: It is a discretionary power and hence, cannot be claimed as a matter of
right.
It can be granted in any judgement whether final or interlocutory.
It may be related to any matter–constitutional, civil, criminal, income-tax, labour, revenue, advocates, etc.


POWERS AND FUNCTIONS OF THE PRIME MINISTER (Art 78) .
In Relation to Council of Ministers 1. Head of the Union council of ministers 2. Recommends ministers to be appointed by the
president. 3. Allocates and reshuffles various portfolios . 4. He guides, directs, controls, and coordinates the activities of all the
ministers. In Relation to the President 1. To communicate to the President all decisions of the council of ministers relating to the administration.
In Relation to Parliament • Prime Minister is the leader of the Lower House • Summoning and dissolution of the Lok Sabha,
Other Powers & Functions• Chairman of the NITI Ayog, National Integration Council, Interstate Council, National Water Resources Council and some other bodies.
• Chief spokesman of the Union government, leader of the party in power, crisis manager-inchief during emergencies etc.,
POWERS AND FUNCTIONS OF THE PRESIDENT
1. Executive powers: He appoints the prime minister and the other ministers, attorney general of India, the chief election
commissioner, administers the union territories.
2. Legislative powers: He can summon the Parliament and dissolve the Lok Sabha and can hold Joint sessions of both
houses. He nominates 12 members of the Rajya Sabha (Various fields) and nominate two members to the Lok Sabha from
the Anglo-Indian Community
3. Financial powers: He constitutes a finance commission after every five years and make advances out of the contingency
fund.4. Judicial powers: He appoints the Chief Justice and the judges of Supreme Court and high courts.
5. Diplomatic powers: He represents India in international forums and affairs and sends and receives diplomats like
ambassadors, high commissioners, and so on.
6. Military powers: He is the supreme commander of the defense forces of India. In that capacity, he appoints the chiefs of the Army, the Navy and the Air Force.
7. Emergency powers:
(a) National Emergency (Article 352); (b) President’s Rule (Article 356 & 365);(c) Financial Emergency (Article 360) The Vice-President• The Vice-President occupies the second highest office in the count.