Important list of Constitutional articles related to president of india !! Article 143 Presidential reference !! Is president member of parliament? !! Is president of india above Supreme Court? !! Constitutional Position -& Powers !! Upsc mains questions

 

INDEX -

• A brief mention of all the "Constitutional Articles" related to the President

     

Article 74

The Indian Constitution Article 74 (1) says,

1. “There shall be a council of ministers headed by the prime minister to aid and advise the president.
2. Who shall, in the exercise of his function, act in accordance with the aid and advice tendered by the council of ministers."
3. In the following consequences, the Constitution Amendment Act- 42nd-1976  bound the president to act according to the aid and advice of the Council of Ministers.
4. It was CAA 44^th-1978, through which PD can send for reconsideration of COM
5. As, only once, in his discretionary power, the President to send for reconsideration to the Council of Ministers, with respect to advice tendered by the Council of Ministers to the President. 
6. Simultaneously, as we already know, the constitution of India has provided a parliamentary form of government, and the backbone of which we find under article 75 (3), which says, -
7. "The council of the minister shall be collectively responsible to the house of people."
8. And that's how it laid down the real executive power in the council of ministers, so the president, now, rests only with nominal executive power.

Article 61

Further, under Article 61, there is -

1. a process of impeachment of the president where the ground is "violation of the constitution", and, 
2. According to the narration of the Supreme Court 
3. The only incident that stands against the "violation of the Constitution" by the president is 
4. When the president “does not act according to the aid and advice tendered by the Union Council of Ministers.”

So, that's how the president is the head of the state (Union), but not of the executive.

So we can relate the position of the Indian President under the Indian Constitution is the same to that of the King under the English constitution, who also used to be head of the state but not of the Executive.

The President is the symbol of the nation and has a place in administration which is ceremonial in character.

But, -

1. Beyond above mention points, still, the president has the power of reconsideration, which, in itself, has the constitutional utility of saving constitutional spirit from the momentum of an “extra-constitutional act.”
2. The president does not enjoy the “constitutional written discretionary power”, but in the moment of “Vague" constitutional events, he exercises discretionary power, subject to situations, in respect of -

• appointment of the prime minister, 
• dismissal of the Council of Ministers when it failed to prove the “Vote-of-Confidence” of the Lok Sabha.

So, in respect of our headings, “the constitutional position of the president,” we will study in the shadow of the following articles of the Indian Constitution.

 

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Art.-52-

1. There shall be a President of India.

Art.-53-

1. The executive power of the union shall be vested in the president.
2. These executive powers shall be exercised by him either directly or through an office subordinate to him in accordance with this constitution. 
3. Now the primary meaning of this expression "office subordinate to him" primarily means the Council of Ministers (COM) or otherwise ( If the parliament does provide related to it).
4. The President shall be the “supreme commander” of the defense forces.
5. Not every function is deemed to be transferred to the president.
6. The power of the parliament to confirm functions other than the president.

 

Art.-54-

Election of the president where -

1. elected members of both the House of Parliament (MP) and 
2. elected member of the state legislative assembly (MLA) 
3. shall consist of the "electoral college" of the president.

 

Art.-55-

 

The manner of election of the president in which-

1. Uniformity shall be maintained in respect of the scale of representation among the states and between states and the union.
2. The election will be conducted through the system of proportional representation by means of a single transferable vote.

Actually, in a nation like India, where we implement indirect democracy, it is the "indirect election in an indirect democracy."

 

Art.-56-

1. The term of the president, in general, shall be 5 years starting from the date of entering office.
2. The President shall address his resignation to the Vice President.
3. Can impeach him from his office through the process mentioned under Article 61.
4. And the post created due to tendering the resignation of PD, as soon as possible, it shall be communicated to the speaker by VPD.
5. Shall remain in office, post-expiration of term, until the new president enters the office.

Art.-57-

Eligibility for re-election where a person, -

1. Who has been the president or 
2. The presently incumbent in the president's office shall be eligible for the election.

 

Art.-58-

Qualifications needed for the election of the president

1. A person must be a citizen of India 
2. with a minimum of 35 years of age and 
3. qualified to be elected as a Lok Sabha member.
4. The contestant shall not hold any office of profit under any authority, with the exception -

• If he is to be the present president 
• vice president 
• the governor of a state or union territory or 
• a minister in the Union Council of Ministers or 
• state council of ministers.

     

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Art.-59-

Condition of the president's office where -

1. At the time of entering office, the elected president shall not hold any office of profit and 
2. need not be a member of parliament or the state legislature.
3. If, he is he needs to vacate his seat before entering the office.
4. The elected president shall be entitled to live in his official residence without payment of rent, which means, like other government servants or officers, no house rent shall be deducted from his salary.
5. And he shall be entitled to other such allowances, emoluments, and privileges according to the enacted law of parliament in accordance with the provisions of Schedule II  of the Constitution.
6. And whatever allowances, privileges, or emoluments have been decided for the present president shall not be diminished during his term of office, only can be increased.

 

Art.-60-

1. In respect of the Oath or Affirmation of the President.

 

Art.-61-

This Article narrates the process of impeachment of the incumbent president.

1. The Only ground to initiate the impeachment is a "violation of the Constitution."
2. We will discuss thoroughly in the next separate chapter with the following chart.

 

Art.-62-

This article talks about -

1. If there is a vacancy in the President's office, through which process it shall be filled, and 
2. The term of the newly elected president.

The article tells 

1. Before the expiration of the present president's term, the election process shall be completed for the new President.
2. If the incumbent president for any reason -

• died or 
• tender resignation or
• impeached or 
• through otherwise reasonable means, 

1. The election process for electing a new President shall be completed within 180 days, and 
2. The counting of days shall start from the date of the vacancy notification.

 

Art.-70-

The power of parliament, -

1. through the parliamentary act, 
2. In any given contingency situation, 
3. to make provisions in respect of discharging the function of the president.
4. In a situation that has not been described in this chapter, the 
5. Parliament can modify the respective functions that are performed by the president.

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Art.-71-

only,

1. The Supreme Court has the constitutional authority to hear matters related to the election of the President or the Vice President and 
2. Also have the power to declare it void.
3. Up to the date of declaring the election as void, the act done by the president or vice president shall not be invalid.
4. Parliament has the power to regulate matters relating to or connected with the election of the president / the vice president.
5. And in the last clause, the election of the president or the vice president cannot be questioned on the ground of the existence of any vacancy in the electoral college.

 

Art.-72-

This article deals with the Pardoning power of the president.

1. Pardon,
2. Commutation,
3. Remission,
4. Respite,
5. Reprieve the five types of the pardoning power of the president.

 

Art.-74-

This article made the provision for -

1. The Council of Ministers is to aid and advise the president.
2. In the year 1978, through the 44th Constitution Amendment Act, a provision was made where the president got empowered to ask the Council of Ministers to reconsider advice tendered by the Council of Ministers to him.

But -

1. In the second instance, 
2. Post-reconsideration process by the Council of Ministers, 
3. The president is bound to act according to the Council of Ministers' advice.

 

Art.-75-

Under this article, provision for -

1. The appointment of a Prime Minister (PM) by the president and 
2. The appointment of other ministers by the president on the advice of the prime minister.
3. The ministers hold office during the pleasure of the president, which simply means at the wish of the prime minister.

The foundation of parliamentary democracy lies in this article, where -

• "The Council of Ministers shall be collectively responsible to the House of People, that is to the Lok Sabha."

 

Art.-77-

All executive actions of the Government of India shall be 

1. expressed to be taken in the name of the president.
2. It simply means -
3. The Union Council of Ministers will take decisions and
4. The name on the face will be of the President.
5. Power to the President -
6. to make more convenient transaction rules for the business of the Government of India and 
7. allocation among ministers of said business. 

 

Art.-78-

The duty of the Prime Minister -

1. furnishing information to the president 
2. In which the prime minister communicates to the president all decisions of the Council of Ministers 
3. In respect of the Administration of affairs of the Union and
4. proposal for legislation.

If the president wishes -

1. He can submit for consideration to the Council of Ministers any matter 
2. that has been taken by an individual minister.

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Art.-79-

1. The constitution of parliament where -
2. The president is one of the constituents 
3. along with two Houses of Parliament.

Note- We find the description of this in the definition of state under Article 12 of the Indian Constitution.

 

Art.-86-

This article is -

1. In respect of the address by the president to either the House of Parliament or both houses assembled.
2. Also, the president may send messages to -
3. Either House of Parliament 
4. With respect to a bill pending in parliament or otherwise.

 

Art.-87-

The special address by the president -

1. In the first case, at the first session after each general election and 
2. In the second case, at the commencement of the first session of each year.

 

Art.-111- 

1. In respect of the power of the president to assent to a bill.
2. Actually, in the provision of this article lies the important power of the president, which we know as "Veto power."
3. We will discuss this through a flowchart in a separate upcoming chapter.

Art.-112-

1. The president, with respect to every financial year, 
2. which starts in India from the 1st April of the current year and extends up to 31st March of next year, 
3. shall cause to laid before both the Houses of Parliament a statement of annual estimated receipts and expenditure, which is known as "Annual Financial Statement" or in simple terms "The BUDGET". 

 

Art.-115-

The president -

1. shall cause to be laid before both Houses of Parliament 
2. another statement in respect of 
3. supplementary,
4. additional or 
5. excess grant.

And the President shall cause to be laid before -

1. The House of People demands such a nature.

 

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Art.-117-

This article deals with subjects related to -

1. Special provision to finance bills 
2. where the provision has been made that 
3. a bill or amendment in respect of article 110 (1) 
4. under sub-clause (a) to(f) 
5. shall not be introduced or moved 
6. except on the recommendation of the president.

 

Art.-123-

This article makes provision for -

1. Issuing an ordinance by the president 
2. We will discuss this in a separate upcoming chapter.

 

Art.-124-

1. The establishment and 
2. Constitution of the Supreme Court, where 
3. Judges shall be appointed by the president by warrant under his hand and seal. 

 

Art.-126-

Appointment of -

1. The acting chief justice appointed by the president 
2. due to vacancy or 
3. by reason of the absence of the chief justice 
4. unable to perform duties.

 

Art.-143-

1. A judicial power to the president to consult with -
2. Supreme Court: a question of law or a fact 
3. which is, in nature and of such public importance, 
4. expedient to obtain the opinion of the Supreme Court, may be sent for consideration.

And, a fact here to note is that such advice, given by the Supreme Court, on the president's forwarded consideration, is not binding on the president.

 

Art.-239-

Every union territory -

1. shall be administered by the president through an administrator 
2. to be appointed by him with such designation (Administrator/ Lieutenant Governor (LG) / others) as he may specify.

 

Art.-240-

1.  Power of the president to make regulations for union territories.

 

Art.-258-

The power of the Union -

1. to confer power, etc., on the state in certain cases 
2. through or in the name of the president 
3. either conditionally or unconditionally. 

 

Art.-263-

The provision with respect to an -

1. "Interstate Council" 
2. When it appears to the president 
3. that the large public interest would be served by the establishment of the Council 
4. charged with specific duties.

Then-president, 

1. By order, establishes such a Council and 
2. also defines the nature of duties to be performed by.

 

Art.-274 -

The mandate of this article is that -

1. A bill or amendment 
2. which imposes or varies any tax or duty, 
3. in which states' interests are vested, or 
4. variation in the meaning of the expression agricultural income 
5. shall not be introduced or moved in either House of Parliament 
6. except on the prior recommendation of the president.

 

Art.-323-

1. The report presented by the Union Public Service Commission to the president 
2. shall be laid down by the president before each house of parliament.

 

Art.-331-

1. The "representation nomination" power of the president, -
2. In respect of Anglo Indian community, 
3. Due to the reason for not being adequately represented in the House of the People.  

 

Art.-338-

Appointment of -

1. chairperson, 
2. vice chairperson and 
3. other members of 
4. The National Commission for Scheduled Castes was established by the President 
5. by "warrant under his hand and seal."

 

Art.-338-(A)-

Appointment of -

1. chairperson, 
2. vice chairperson and 
3. other members of 
4. National Commission for Scheduled Tribes 
5. by the president by "warrant under his hand and seal."

 

Art.-338-(B)-

Appointment of -

1. chairperson, 
2. vice chairperson and 
3. other members of 
4. National Commission for Backward Classes 
5. by the president by "warrant under his hand and seal."

 

Art.-339-

The power of the president to -

1. Appoint a Commission 
2. to report on the administration of scheduled areas and 
3. The welfare of scheduled tribes in the state.

 

Art.-340-

The appointment power of the President 

to appoint 

1. A commission consisting of such persons as he thinks fit 
2. to investigate the condition of socially and educationally backward classes 
3. within Indian territory.
4. And to look into the difficulties under which they labour and 
5. Make recommendations.

 

Art.-344-

The power of the President -

1. to constitute a Commission or committee of parliament 
2. on the official language.
3. At the expiration of 5 years from the commencement of the Constitution and 
4. After that, at the expiration of every 10 years. 

 

Art.-347-

On-demand being made- 

1. The power of the president to direct the state to officially recognise 
2. Such language throughout the territory of the state or in this pacified area of a state 
3. being used by a substantial proportion of the population in that respective state.

It simply means -

1. If the group of persons 
2. speaking a particular language 
3. which has not been recognised by that respective state 
4. so, on demand 
5. The president issued a directive to the states.

For example, if -

1. The Odia language-speaking substantial population resides in Uttar Pradesh 
2. The president may direct Uttar Pradesh in that language respect. 

 

Art.-349-

Provision of 

1. The previous sanction of the president 
2. In respect of special procedures for the enactment of certain laws relating to language.

 

Art.-350-(A)

1. The direction power of the president 
2. to any state 
3. With respect to arranging facilities 
4. for instruction in the mother tongue at the primary stage.

 

Art.-350-(B)

1. The appointment power of the president 
2. To the special officer for linguistic minorities.

 

Art.-352-

1. The declaration, 
2. through proclamation, 
3. of NATIONAL EMERGENCY, if, 
4. The President is satisfied of a grave emergency 
5. whereby the security of India or 
6. Any part of the territory is threatened on the grounds of 

• War, 
• external aggression, or 
• Armed rebellion.

 

Art.-354-

In the period of operation of the National Emergency -

1. The power of the president, by order, 
2. directing the distribution of revenue 
3. In respect of articles 268 to 279 
4. to such exception or modification as he thinks fit ( Means- what the central executive thinks fit).

 

Art.-356-

1. On the receipt of a report from the Governor of a state or 
2. otherwise 
3. The proclamation of a state emergency or presidential rule by the President, 
4. In case of failure of constitutional machinery in States.

 

Art.-359-

When a National emergency is in operation -

1. The president has the power to issue by order 
2. to declare the suspension of the enforcement of rights conferred by Part III during an emergency.
3. Simply means suspension of fundamental rights except articles 20 & 21.

 

Art.-360-

1. Declaration, 
2. through Proclamation, 
3. of "financial emergency" 
4. If the president is satisfied that 
5. A situation has arisen 
6. where the "financial stability" of India or 
7. Any part of the territory is threatened.

 

 

Art.-361-

1. Constitutional immunity, 
2. in the form of protection, 
3. given to the PRESIDENT and Governor, and RAJ PRAMUKH, in which all 
4. shall not be answerable to any court for the exercise and performance of power and duties.

 

Art.-365-

1. It shall be lawful for the President 
2. to hold that if a situation has arisen 
3. In which the government of the respective state 
4. cannot be carried on in accordance with the provisions of this constitution.

Where it says,

1. “The state has failed to comply with any direction in the exercise of executive power" and 
2. That's how, under Article 365, the president's rule can also be imposed.

 

Art.-392-

Power of the President to remove -

1. difficulties, particularly in relation to the provision of the Government of India Act 1935.

Note -  All these are the most important provisions of the Constitution related to PD. 

In upcoming lectures, we will dive in more deep.

Thanks.

 

 

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