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Articles 52 to 62 in Part V of the Indian Constitution explain about the President. The President is the first citizen of the country, the head of state, the head of the constitution, the supreme commander of the armed forces, and the head of the three armed forces.
Through the 70th Constitutional Amendment Act of 1992, the Union Territories of Delhi and Puducherry were given the opportunity to be in the Electoral College. These came into effect from June 1, 1995. They voted for the first time in the Presidential election held in 1997. The Electoral College can be amended through a Constitutional Amendment. Presidential elections will be held as scheduled even if some seats in the Electoral College are vacant or not. The "Central Election Commission" conducts the Presidential elections. Political parties should not issue whips to their members during Presidential elections. (Whip means order/command). Members suspended from the State Assembly can vote in the Presidential election during the Presidential election. Voting in the Presidential election depends on the will of the representatives. If the Assembly of any state is dissolved under President's rule at that time, they will not participate in the Presidential election. If the Assembly of any state is in suspended animation (temporarily suspended) under President's rule, members may participate in the Presidential election.
The procedure of Presidential election is taken from Ireland. Presidential elections are held secretly by the method of Proportional Representation with Single Transferable Vote. This is called "Quota Voting System" / "Secret Ballot". The President of India is elected by the members of the Electoral College through Proportional Representation.
In the Constitutional Assembly, those who proposed the Vote Transfer System were: "Dr. B.R. Ambedkar & Jawaharlal Nehru." Bharat advocated a presidential form of government: Prof. K.T. Shah. Suggested to elect the President of India directly: H.V. Kamath. In the Presidential election, a member voting can vote for more than one person. However, that vote must be cast according to preference. When calculating the value of votes, if 50% quota is not reached, the person with the lowest % of votes among the contestants is removed from the contest and his second preference votes are transferred equally to the contestants. MLA vote value in Presidential elections is calculated as follows:
When calculating the MLA vote value in Presidential elections with state population, the 1971 census is taken as the basis. States with the highest vote value in Presidential elections:
Uttar Pradesh - 208 Tamil Nadu - 176 Jharkhand - 176 Maharashtra - 175 Bihar - 173 Andhra Pradesh - 159 Telangana - 132
Some states with the lowest vote value:
Sikkim - 7 Mizoram - 8 Arunachal Pradesh - 8 Nagaland - 9
MP vote value is calculated as follows in Presidential elections:
The following formula is used when calculating the quota in Presidential elections.
There are 2 main principles in Presidential elections. (1) Principle of Uniformity (2) Principle of Parity → According to the first principle, the value of a vote of a member of the State Legislative Assembly depends on the population of that state. Therefore, in the Presidential election, the vote value of a legislator of each state varies. → According to the second principle, the value of MPs in the country is the same. That is, the value of MP's vote does not vary from state to state. Total number of MLAs in the country → 4033 (According to 2022 Presidential election) Total number of MPs in the country → 776 Total number of MLAs and MPs → 4033 + 776 = 4809. Total MLA vote value in the country → 5,43,231 Total MP vote value in the country → 5,43,200 "Total number of votes" in Presidential elections → 10,86,431. Vote value of one MP in Presidential election in the country → 700 (According to 2022)
When Presidential elections are held, the Returning Officer is once "Secretary General of Lok Sabha" and another time "Secretary General of Rajya Sabha". The process of Presidential election begins 60 days before the expiry of the President's term. A candidate can file 4 nominations.
When the term of office of the President expires, When resigning, When deceased, When removed by impeachment, When the Supreme Court gives a verdict that the Presidential election is invalid, → If the office of the President becomes vacant due to the first case mentioned above, the Vice President shall not act as temporary President. If the office of the President becomes vacant in the remaining 4 cases, the Vice President shall act as temporary President.
When the term of office of the President expires, if the election of the new President is delayed for some reasons, the President in office shall continue in office until the new President arrives. This is called "Interregnum".
According to Article 71, the Supreme Court alone shall resolve disputes relating to Presidential elections. Presidential election must be challenged in the Supreme Court within 30 days after the election is over. In case of Presidential election disputes, the defeated candidate (or) 20 members of the Electoral College must sign the petition and file it in the Supreme Court. When the Supreme Court gives a verdict that the Presidential election is invalid; the decisions taken while in the post of President are valid.
Traditionally in India, one should contest for the post of President only 2 times. So far, Babu Rajendra Prasad is the only one who contested 2 times.
Must be a citizen of India. Must have completed 35 years of age. (No maximum age limit) Must not hold any office of profit (Must not be a government employee). Must have the qualifications to be elected as a member of Lok Sabha. Security Deposit: Rs 15,000/- for a person contesting as President. RBI or Deposit challan. The nomination of a candidate contesting for President must be proposed by 50 members of the Electoral College and seconded by another 50 members.
If the candidates contesting as President want to get their deposits back, they must get at least 1/6th of the valid votes polled. Presidential election is held as per the Presidential and Vice-Presidential Elections Act - 1952. A person contesting as President must be physically and mentally healthy. Must not be a criminal accused. Must not be an insolvent person.
A person contesting as President must not be a member of Parliament or State Legislature or Prime Minister or Governor. If one contests without resigning, the posts shall be deemed to be vacated after assuming the office of President.
The emoluments of the President of India are determined by Parliament. The emoluments of the President are mentioned in Schedule II. There is no judicial review power over these emoluments. The emoluments of the President do not come under income tax. No "cut motion" in Parliament. The emoluments of the President are paid from the "Consolidated Fund of India". No cuts shall be imposed during the term of office. In case of financial emergency, cuts may be imposed on the emoluments of others except the President. Current monthly salary of the President: Rs 5,00,000/- After retirement 'Pension', half of the emoluments are paid in emoluments. The President of India has 'two retreat centers'. (i) Bollarum in Secunderabad (Winter Retreat) (ii) Located in Shimla Himachal Pradesh (Summer Retreat) Architect of Rashtrapati Bhavan: "Edward Lutyens."
The President of India takes the oath of office in the presence of the Chief Justice of the Supreme Court. If the Chief Justice of the Supreme Court is not present, the President takes the oath of office in the presence of the senior judge of the Supreme Court.
The method of removing the President is taken from America. The President of India shall be removed for violation of the Indian Constitution. The name of the resolution to remove the President is Impeachment Resolution (or) Censure Motion. A resolution to remove the President may be introduced in either House of Parliament. In the House in which it is introduced, 1/4th of the total members must sign and give 14 days prior written notice to the President. Discussion takes place in the House where the resolution is introduced. After the discussion, if the resolution is passed by 2/3rd majority of the total members in that House, then it goes to the second House. The second House shall investigate the resolution either by the whole House or by a committee appointed by the House. During this inquiry, the President may appear in person and present his case (or) send a representative on his behalf. After discussion in the second House, it must be approved by 2/3rd majority of the total members. After both Houses approve like this, the President is removed from office. If one House approves and the other House does not approve, the resolution is cancelled. There is no provision for a joint sitting of both Houses. So far, no President has been removed in this way.
The method of removing the President is called Quasi-Judicial Procedure (Partial Judicial Process). Members of the Legislative Assembly who participated in the Presidential elections do not participate in removing the President. 12 members nominated to Rajya Sabha by the President participate in removing the President but do not participate in Presidential elections.
The Indian Constitution does not classify the powers of the President. For the sake of convenience of administration, the powers of the President are classified in the following ways.
For the Union Territories of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli & Daman and Diu, Ladakh, formulates regulations related to peace, development and good governance. Regulations related to the administration of Puducherry, Delhi and Jammu & Kashmir when their Legislative Assemblies are dissolved will also be formulated. Article 239(AA): According to this, appoints the Chief Ministers and Councils of Ministers of Delhi and Puducherry.Article 262: Formation of Central Water Resources Board.Article 263: Formation of Inter-State Council.Article 280: Appoints the Chairman and members of the Central Finance Commission.Article 316: UPSC Chairman and members, JPSC Chairman and members.Article 323(A): Appoints the Chairman of the Central Administrative Tribunal.Article 324(2): Appoints the Chief Election Commissioner & other Election Commissioners.Article 338: National SC Commission Chairman and members.Article 338(A): National ST Commission Chairman and members.Article 338(B): National BC Commission Chairman and members.Article 340: The President may constitute a BC Commission to study the socio-economic conditions of socially and educationally backward classes.Article 344: The President constitutes the Central Official Language Commission.Article 350(B): Appoints an officer for the protection of the rights of linguistic minorities.
National Human Rights Commission Chairman & members, Central Vigilance Commission (CVC) Chairman & members, Central Information Commission (CIC) Chairman & members, Lokpal Chairman and members.
Parliament means Lok Sabha + Rajya Sabha + President The President of India is not a member of Parliament. But an integral part of Parliament. Article 80(3): According to this, the President of India nominates 12 members to the Rajya Sabha. (Nominate persons having special knowledge or practical experience in literature, science, art and social service).Article 331: The President used to nominate two Anglo-Indians to the Lok Sabha. This was abolished through the 104th Constitutional Amendment Act in 2019.Article 85: The President has the power to convene, prorogue, and dissolve the Lok Sabha of Parliament.85(1): The President has the power to convene both Houses of Parliament.Article 85(2) A: The President has the power to prorogue (long adjournment) Parliament, i.e., any House, Lok Sabha, Rajya Sabha.85(2) B: The President has the power to dissolve the Lok Sabha on the advice of the Prime Minister.Article 86: The President addresses both Houses of Parliament. (Or) sends separate messages.Article 87: The President addresses the first session of the Lok Sabha after general elections and the first session of Parliament every year.Article 91(1) & 95(1): When the office of the Speaker of Rajya Sabha, Lok Sabha is vacant, the person appointed by the President presides over the meeting.Article 99: Members of Parliament take oath of office either in the presence of the President or in the presence of a person appointed by the President.Article 103: The President has the power to decide on the disqualifications of members of Parliament. (In consultation with the Central Election Commission).Article 108: Explains about the joint sitting of both Houses of Parliament. This meeting is convened by the President.Article 111: Bills passed by Parliament become law with the assent of the President.Article 123: The President of India promulgates ordinances.Article 151: Sends the CAG's report to Parliament for consideration.Article 281: Sending the report of the Central Finance Commission to Parliament for consideration.Article 323: Sending the report of the Union Public Service Commission to Parliament for consideration.Article 368: Constitutional amendment bills must be approved by the President of India.
The President's power to promulgate ordinances is an integral part of legislative powers. When Parliament is not in session, if a situation arises where a law needs to be made urgently, the President promulgates an ordinance. This is only a temporary order. Promulgating an ordinance is not the discretionary power of the President. The President promulgates an ordinance on the advice of the Prime Minister and the Council of Ministers. The ordinance promulgated by the President becomes law if Parliament approves it within 6 weeks from the "first day" of its reassembly. If not approved, the ordinance lapses. The ordinance becomes void. The President may issue a proclamation declaring that the ordinance is being repealed. That is, the President can repeal the ordinance at any time. There is no minimum period for an ordinance. Maximum validity period of an ordinance issued by the President is 6 months (or) 1/2 year (or) 222 days. The ordinance should be issued only on matters on which Parliament can make laws. The ordinance issued by the President has the powers of ordinary laws. Courts have judicial review power over the ordinances issued by the President.
In this case, the Supreme Court ruled that if the President or Governors issue ordinances with mala fide intentions, the courts can question them. That is, judicial review power over ordinances is available.
In this case, the Supreme Court ruled that repeatedly issuing the same ordinance without making changes or amendments in it after an ordinance is issued is unconstitutional.
In this case, the Supreme Court ruled that after issuing ordinances, issuing them verbatim without bringing them to the legislature and without making any changes or amendments is unconstitutional.
When Parliament is not in session, If one House is in session and the other House is not in session, When Parliament is in recess, [Recess means the gap between one session of Parliament and another session is called recess.] Fundamental rights cannot be amended through ordinances. Constitutional amendments cannot be made through ordinances. Changes and amendments can be made in tax laws through ordinances.
Veto means to reject a bill without approving it. Veto is a Latin word meaning to prohibit or reject or stop. Veto is called "forbid" in English. There are 4 types of vetoes in the Constitution. a. Absolute Veto b. Suspensive Veto c. Pocket Veto d. Qualified Veto
Qualified Veto power is not available to the President of India with the above mentioned Veto powers. The President of India has the first 3 veto powers. The 4th veto power is available to the President of America. The President has the following veto powers in the matter of bills passed and sent by the Union Council of Ministers / Parliament.
When the Union Council of Ministers (or) Parliament sends bills for Presidential assent, if the President rejects them with or without reason, it is called "Absolute Veto". If the President rejects a bill, even if the Union Council of Ministers (or) Parliament sends it for Presidential assent for the second time with or without amendment, the President must necessarily approve it. The President can use Absolute veto in the following circumstances. (i) In the case of private bills i.e. bills introduced by non-ministers, bills introduced by members of the legislature are called private bills. (ii) When a bill approved by the Cabinet is sent for Presidential assent, if the cabinet resigns before the President gives assent, and the new cabinet recommends to the President not to approve that bill,
In 1954, Dr. Rajendra Prasad used absolute veto on the PEPSU (Patiala and East Provinces States Union) Bill. On the Salary, Allowances and Pension Bill of Members of Parliament, President Venkataraman used absolute veto in 1991.
When the Union Council of Ministers (or) Parliament approves and sends bills, if the President sends back the bill with some suggestions to reconsider, it is called "Suspensive Veto". If the Union Council of Ministers (or) Parliament resends the bill after making amendments in it or without making amendments, the President must necessarily approve it. Example: In 2006, then President APJ. Abdul Kalam used suspensive veto in the matter of Office of Profit Bill in the context of dual office.
In the case of bills approved and sent by the Union Council of Ministers (or) Parliament, if the President keeps those bills with him without indicating any decision, it is called "Pocket Veto". A specific time limit has not been fixed in the Constitution for the President to approve a bill. Hence this situation arises. But in America, the President must either approve or send it back for reconsideration within 10 days. Therefore, this pocket veto power of the President of India is broader than the veto of the President of America. Example: (i) In 1986, Gyani Zail Singh used this pocket veto in the case of the Indian Post Office Amendment Bill (Rajiv Gandhi government).(ii) In 1989, after Venkataraman came to power, when suspensive veto was used on that postal bill, the bill was not sent back to the President.
The President has no veto power in the case of Constitutional Amendment Bills. Through the 24th Constitutional Amendment made in 1971, it was decided that the President should not use his veto power on Constitutional Amendment Bills.
President's permission is required when taking foreign loans. Article 31(A): According to this, bills nationalizing assets must be introduced in Parliament & State Legislative Assemblies in States with the permission of the President.
Appointing Supreme Court Judges. Appointing High Court Judges. Transferring High Court Judges. Supreme Court Advisory Jurisdiction (President seeking advice from Supreme Court) According to Article 72, the President has the power to grant pardons. The President of India has the power to grant pardons in punishments imposed by courts.
The President's pardoning powers are discretionary powers. The President exercises the pardoning powers as per the recommendations of the Union Council of Ministers. According to Article 72(1)A, the President of India alone has the power to modify, commute (or) revoke the punishments imposed by the military courts. According to Article 72(1B), the President has the power to pardon in respect of all types of punishments imposed under Central laws. According to Article 72(1C), the President alone has the power to completely revoke death sentences. The Governor does not have the power to completely revoke death sentences. The Supreme Court has ruled that the pardons granted by the President are subject to judicial review.
In this case, the Supreme Court ruled that the courts can review the pardon decisions of the President and Governor. Pardoning powers should not be misused for caste, religious, political purposes. It was ruled that while granting pardon, the sentiments of the families of the victims should also be taken into consideration.
In this case, the Supreme Court ruled that if anyone applies to the President for pardon, and if the decision is not communicated within a specified period, then the death sentence should be commuted to life imprisonment.
The President acts as the international representative. To seek help from other countries as part of the development of our country and to be close to other countries. Appoints High Commissioners to Commonwealth countries on behalf of our country. For countries other than Commonwealth countries, those appointed as Indian representatives are called "diplomats". Appoints officials to the United Nations on behalf of our country. Receives letters of credence from ambassadors coming from other countries.
The President of India is the Supreme Commander of the Armed Forces. Appoints the Chiefs of the three Armed Forces. Declares war with foreign countries. Declares truce as war termination. Peace treaties with foreign countries are conducted in the name of the President.
The President of India does not have discretionary powers as per the Constitution. But the President has discretionary powers as per the circumstances. If no political party gets majority in the general elections of Lok Sabha / if not obtained, the President may appoint the Prime Minister with his discretionary powers. The President of India has veto powers.
Babu Rajendra Prasad → 1950-62 Sarvepalli Radhakrishnan → 1962-67 Zakir Hussain → 1967-69 V.V. Giri → 1969-74. Fakhruddin Ali Ahmed → 1974-77 Neelam Sanjiva Reddy → 1977-82 Gyani Zail Singh → 1982-87 R. Venkataraman → 1987-92 Shankar Dayal Sharma → 1992-97 K.R. Narayanan → 1997-2002 APJ. Abdul Kalam → 2002-2007 Pratibha Patil → 2007-2012 Pranab Mukherjee → 2012-2017 Ram Nath Kovind → 2017-2022 Droupadi Murmu → 2022-Continuing.
State: Orissa. Second woman President of the country. First tribal woman. Served as Governor of Jharkhand. Youngest person to become President (64 years 1 month) President belonging to 'Santal' tribe. First person born after India's independence to become President. 9th person to become President directly. 6th person to become President after serving as Governor. 64% votes received in the 16th Presidential election held in 2022. Her opponent was Yashwant Sinha. During her tenure, the bill reserving seats for women in the legislatures was approved on September 28, 2023.
Babu Rajendra Prasad Fakhruddin Ali Ahmed Neelam Sanjiva Reddy APJ. Abdul Kalam Pratibha Patil Pranab Mukherjee Ram Nath Kovind Droupadi Murmu
Sarvepalli Radhakrishnan Zakir Hussain V.V. Giri R. Venkataraman Shankar Dayal Sharma K.R. Narayanan.
Zakir Hussain - Bihar V.V. Giri - Uttar Pradesh, Karnataka Shankar Dayal Sharma - Andhra Pradesh Pratibha Patil - Rajasthan Ram Nath Kovind - Bihar Droupadi Murmu - Jharkhand
Neelam Sanjiva Reddy - Andhra Pradesh Gyani Zail Singh - Punjab Shankar Dayal Sharma - Madhya Pradesh.
V.V. Giri Hidayatullah (Twice) B.D. Jatti
First non-Congress Prime Minister but 'Morarji Desai, B.D. Jatti took oath in presence. Muslim Presidents of India > Zakir Hussain, Fakhruddin Ali Ahmed, APJ. Abdul Kalam. "Two Presidents who died in office and two Presidents who served for the shortest period."
Zakir Hussain Fakhruddin Ali Ahmed.
Supreme Court Chief Justice who served as temporary President: "Justice Hidayatullah" President related to labor movements: 'V.V. Giri.' President who won by contesting as Independent: 'V.V. Giri.' Person who became President by transferring C.D. Deshmukh's votes: V.V. Giri. Only person who has held the posts of Vice President, Temporary President, President: 'V.V. Giri.' President who won with the least 'majority': V.V. Giri. Only President who has held the posts of Chief Minister, Governor, President, Vice President: Shankar Dayal Sharma.
Article 352 to Article 360 in Part 18 of the Indian Constitution explains about emergency powers. Emergency condition has been incorporated in the Constitution as part of the country's defense when sovereignty, integrity, unity, security of the country is endangered. Dr. B.R. Ambedkar described that in normal times India is a federal country and becomes a unitary government during emergency. India has borrowed emergency powers from the Government of India Act 1935. 3 types of emergency powers are mentioned in the Indian Constitution.
National Emergency - Article 352. President's Rule - Article 356. Financial Emergency - Article 360.
This is imposed due to the following reasons. (i) War (ii) Foreign aggression (iii) Armed rebellion.
When the Constitution came into force, the word 'internal disturbances' was present. However, through the 44th Constitutional Amendment Act of 1978, this word was removed and the word armed rebellion was added in its place. When a national emergency is declared due to war and foreign aggression, it is called external reasons, and when it is declared due to armed rebellion, it is called internal reasons. The President of India has the power to declare a national emergency for any of the reasons mentioned above. According to Article 352(3), the President of India shall declare a national emergency only "in pursuance of a written advice from the Union Cabinet".
The Parliament must approve the national emergency declared by the President within 30 days (or) one month from the "day of proclamation" by 2/3rd majority separately by both houses. [Should be approved by 2/3rd majority of those present and voting in the House. The number of those who approve like this should be more than half of the members in the House] If one House approves and the other House does not approve, the emergency is cancelled.
Lok Sabha must approve within 30 days from the first meeting of the reassembled Lok Sabha. If the Lok Sabha does not approve within 30 days, the emergency is cancelled. National emergency will be in force for 6 months from the time Parliament approved it. Similarly, if the national emergency is to be extended for another 6 months, Parliament must approve it again with 2/3rd majority. National emergency can be extended for any period of time with Parliament's approval like this every six months. No maximum time limit is fixed for national emergency in the Indian Constitution. The President can revoke the national emergency at any time in the middle through a proclamation. There is no minimum period for national emergency through this. The proclamation issued by the President revoking the national emergency does not require Parliament's approval again. In the matter of revoking the emergency, special power has been given to the Lok Sabha through the 44th Constitutional Amendment Act of 1978. If at least 1/10th of the total members of the Lok Sabha submit a notice to the President requesting to consider the imposition (or) revocation of emergency, A special meeting of the Lok Sabha shall be convened within 17 days of receipt of that notice and if the Lok Sabha approves the notice with a simple majority in that meeting, the national emergency in India shall be revoked. Rajya Sabha's approval is not required for this. Changes that occur when national emergency is imposed: → According to Article 353, as long as the national emergency is in force, the Central Government shall issue directives to the State Governments even on subjects within the jurisdiction of the State Government. → Through this, the executive powers of the Central Government are expanded. → According to Article 354, the effect of national emergency on the revenue situation (financial situation) of the states is explained. → The Central Government imposes restrictions on the financial powers of the State Governments. → During the national emergency, the President may change the system of distribution of revenue resources between the Centre and the States. That is, the funds transferred from the Centre to the States can be stopped (or) reduced.
But if national emergency is imposed due to armed rebellion, the freedoms mentioned in Article 19 are not immediately suspended. If one wants to suspend, the President can suspend the freedoms mentioned in Article 19 only through a proclamation. → According to Article 359, when national emergency is imposed, the President may temporarily suspend fundamental rights. As long as the emergency is in force, the President may issue an order declaring that people do not have the right to approach courts seeking enforcement of fundamental rights. By making changes in the 44th Constitutional Amendment Act of 1978, during the emergency period, Article 20, 21 excluding all other fundamental rights, the President may temporarily suspend. (However, the President issuing orders suspending fundamental rights). Parliament's approval is mandatory for orders.
When national emergency is imposed, Article 20, 21 excluding all other rights can be temporarily suspended. However, Article 32 also gets cancelled at this time. Therefore, the Supreme Court will not issue writs at this time. Article 226 is not cancelled but High Courts do not issue writs.
This case is also called Habeas Corpus case. In this case, the Supreme Court ruled that when national emergency is in force, High Courts have no power to issue writs under Article 226 as per the President's order.
President's rule is not mentioned in the Constitution. It was proposed in the Constitution as Constitutional Emergency. President's rule is also called Central Rule. Article 356 President imposes President's rule on a state. India has borrowed President's rule from the Government of India Act 1935. When administration is not carried out constitutionally in a state or when the government machinery fails, the President imposes President's rule on the recommendation of the Governor (or)
Governor's report is not mandatory to impose President's rule in a state. If Parliament approves the proclamation of President's rule within 2 months with simple majority, it will continue. If not approved, it will be cancelled. If the Lok Sabha is dissolved when President's rule is proclaimed, the Rajya Sabha must approve that proclamation. If the Lok Sabha is re-elected, it must approve within 30 days of the first meeting of the Lok Sabha or it will be cancelled. If President's rule is to be continued for some more time, Parliament must approve the resolution with a simple majority and it can be continued for another 6 months. In this way, if Parliament approves with simple majority once every 6 months, President's rule can be continued for 3 years. The maximum period of President's rule is 3 years. Even after 3 years, constitutional amendment is mandatory if President's rule is to be continued. The President can withdraw President's rule in the middle at any time. There is no minimum period for President's rule. Through the 44th Constitutional Amendment Act of 1978, in a state, President's rule should not continue for more than one year unless the following 2 conditions are met.
State Government is dissolved. (State Council of Ministers also) State Legislature may be completely dissolved (or) kept in suspended animation (temporarily suspended). Parliament has the power to make laws on subjects in the State List. If Parliament is not in session at this time, the President may promulgate an ordinance. State budget is approved by Parliament. Fundamental rights are not temporarily suspended. There will be no changes in the "powers of the High Court". The Governor administers the entire state administration in the name of the President. → Judicial review on President's rule: According to the 38th Constitutional Amendment Act of 1975, President's rule decision under Article 356 should not be questioned in any court. However, by repealing this, the 44th Constitutional Amendment Act of 1978 gave judicial review power on President's rule. S.R. Bommai Vs Karnataka (1994): Supreme Court's important suggestions on President's rule. → President's rule comes under judicial review power. → President's rule in a state should be imposed for valid reasons. If President's rule is proved to be wrongly imposed or with mala fide intentions, President's rule will be revoked. President's rule must be imposed based on reasonable grounds. It is the responsibility of the Central Government to prove it. State Legislative Assembly should be dissolved only after Parliament approves President's rule. Until then, it should be temporarily suspended. If Parliament does not approve, the legislature should be reopened. Rationality is the basic feature of the Constitution, so if actions are taken against rationality in any state, President's rule can be used under Article 356.
First state where President's rule was imposed: Punjab – 1951. State where President's rule was imposed for the longest period in India: Punjab (1987-1992) State where President's rule was imposed for the shortest period in India: Karnataka. State where President's rule was imposed twice in the same month: Karnataka. State where President's rule was imposed most times: Uttar Pradesh (UP) Dr. B.R. Ambedkar speaking about Article 356 in the Constituent Assembly hoped that this provision would remain inactive one day (dead letter).
According to Article 360, if the President feels that the financial stability or credit of the entire country or any part of the country is threatened, financial emergency may be proclaimed. Parliament must approve the financial emergency proclaimed by the President within 2 months with simple majority. If not approved within 2 months, financial emergency will be cancelled. If approved, it will continue. Once Parliament approves the financial emergency, it will continue until the President proclaims its revocation. That is, Parliament's approval is not required again and again to continue the financial emergency. No maximum time limit for financial emergency, no minimum time limit. The President may revoke the financial emergency at any time by proclaiming that it is being revoked. Parliament's approval is not required to revoke this proclamation.
If the Lok Sabha is dissolved at the time of imposition of financial emergency, and if the resolution has already been approved by the Rajya Sabha, the new Lok Sabha must approve the financial emergency resolution within 30 days from the first meeting.
During financial emergency, the President may reduce the salaries of Central Government employees including Supreme Court, High Court judges through an order.
Financial emergency has not been imposed even once so far. When financial emergency is imposed, the President should not impose cuts in salaries. The President may direct the State Governments to follow financial discipline. The President may ask the State Legislature to send the financial bill, annual financial statement (budget) and other financial resolutions approved by the State Legislature for his consideration.
Sarvepalli Radhakrishnan: 1954 Dr. Rajendra Prasad: 1962 Dr. Zakir Hussain: 1963 V.V. Giri: 1975 APJ Abdul Kalam: 1997 Pranab Mukherjee: 2019
Gyani Zail Singh: Ekta Sthal Shankar Dayal Sharma: Karma Bhoomi K.R. Narayanan: Udaya Bhoomi.
Some changes were also made through the 44th Constitutional Amendment in 1978.
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