Chapters :
  • ORDINANCE
  • POSITION OF THE PRESIDENT
  • THE VICE PRESIDENT
  • THE PRIME MINISTER AND THE COUNCIL OF MINISTERS
  • THE PRIME MINISTER
  • APPOINTMENT
  • POWERS AND FUNCTIONS OF PRIME MINISTER

LIBERAL INTELLECTUAL PRINCIPLES – 04

ORDINANCE The President is endowed with the power of promulgating ordinances when any one of the houses is not in session to deal with an extraordinary situation that needs immediate action. 
  1. An ordinance has the same effect as the parliamentary laws.
  2. It is valid for a maximum duration of six months and six weeks. In the case when the houses are summoned to assemble on different dates, the six weeks are calculated from the later date. 
  3. The President can withdraw the ordinance at any time.
  4. The ordinance route cannot be used for making constitutional amendments.
  5. The Supreme Court has held that unreasonable re-promulgation of ordinances to bypass the legislature will amount to a fraud on the constitution. 
POSITION OF THE PRESIDENT The President of India is the constitutional head of the State. He has been provided with a wide range of powers, yet he cannot use his powers on discretion. He is bound to act on the advice of the Cabinet during both the normal times and the emergency. However, the President can exercise his discretion in the following matters
  1. Appointment of the Prime Minister;
  2. Dismissal of the Union government;
  3. Dissolution of the Lok Sabha;
  4. Seeking information on any matter related to the administration of the State.
THE VICE PRESIDENT
  1. The Vice President is elected by an electoral college that consists of members of both the houses of Parliament.
Note: Both the elected and the nominated members are allowed to vote in his election.
    1. He is the ex officio Chairman of Rajya Sabha. Ex officio means that the position that a person gains by virtue of holding another position or job.
    2. He should be a citizen of India; should have completed 35 years of age; should be qualified to become a member of RS and should not hold any office of profit. However, the offices of the President, the Vice President, the Governor of states and the Ministers for the union or the states are not considered as offices of profit for the purpose.
  • The oath or affirmation to the Vice President is administered by the President.
    1. He holds the office for a term of five years. However, he can resign from his office by addressing his resignation letter to the President. 
  • He can be removed from his office by a resolution passed by the Rajya Sabha with an absolute majority.
  1. No ground has been mentioned in the constitution for his removal. 
  2. He acts as the President during vacancy and discharges the functions of President during his absence.
  3. While acting as President or discharging the functions of President, the Vice President does not perform the duties of Chairman of Rajya Sabha.
  4. The disputes that arise in the election of Vice President are inquired by the Supreme Court and its decision is final.
THE PRIME MINISTER AND THE COUNCIL OF MINISTERS In the Parliamentary form of government, the Prime Minister and the Council of Ministers (CoM) possess the real executive powers and form the nucleus of administration of the Union. THE PRIME MINISTER The Prime Minister is the head of the government. He is accorded with the status of ‘The First Among the Equals’ in relation with other ministers in the council. Though the Com Is A Multi Member Body, it functions as a single unit under the guidance and directions of the Prime Minister.  APPOINTMENT Article 75: It says that the Prime Minister shall be appointed by the President. 
Note:
  1. The Prime Minister can also come from the Rajya Sabha.
  2. The President administers the oath of office and secrecy to the Prime Minister.
  3. The Prime Minister holds office during the pleasure of the President. When the Prime Minister and his CoM lose majority support in the Lok Sabha, he has to resign or the President can dismiss him from his office.
The constitution does not prescribe the procedure for the selection and appointment of the Prime Minister. However, by convention, the President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister. When no party has the majority, the President can exercise his discretionary power in the appointment of Prime Minister. However, he usually asks the leader of the largest party or coalition to form the government and prove their majority within a month by securing the vote of confidence of Lok Sabha.  POWERS AND FUNCTIONS OF PRIME MINISTER The Prime Minister, being the real executive authority, holds a wide range of powers and discharges diverse functions. His powers and functions include the following.
  1. He is the Chairman of NITI Aayog, National Integration Council, Inter-State Council and National Water Resources Council
  2. He recommends to the President, the persons who can be appointed as ministers.
  3. He allocates and shuffles portfolios between the ministers.
Note:
  1. The Prime Minister can also come from the Rajya Sabha.
  2. The President administers the oath of office and secrecy to the Prime Minister.
  3. The Prime Minister holds office during the pleasure of the President. When the Prime Minister and his CoM lose majority support in the Lok Sabha, he has to resign or the President can dismiss him from his office.
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