Polity Set 139
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📌 DPSP • Constitution
Q.1) The Directive Principles of State Policy (DPSP) are enumerated in Part IV of the Constitution. Which range of Articles covers them?
Ans > Articles 36 to 51
- Source of Inspiration: The framers of the Indian Constitution borrowed the concept of the Directive Principles of State Policy from the Irish Constitution of 1937, which had originally copied it from the Spanish Constitution.
- Historical Predecessor: The DPSPs resemble the ‘Instrument of Instructions’ that were enumerated in the Government of India Act of 1935. Dr. B.R. Ambedkar explicitly stated that the Directives are merely another name for those instructions.
- Non-Justiciable Nature: Unlike Fundamental Rights, DPSPs are legally non-justiciable. This means they are not legally enforceable by the courts for their violation. However, Article 37 declares that they are fundamental in the governance of the country.
- Philosophical Core: Granville Austin described the Directive Principles and the Fundamental Rights as the “Conscience of the Constitution.” They embody the concept of a welfare state, steering the government away from the colonial era’s police state model toward socio-economic democracy.
📌 DPSP • Welfare State
Q.2) Which Article directs the State to secure a social order for the promotion of the welfare of the people?
Ans > Article 38
- Essence of the Welfare State: Article 38 serves as the keystone of the Directive Principles, mandating the State to secure a social order permeated by justice—social, economic, and political. This directly echoes the ideals laid out in the Preamble of the Constitution.
- The 44th Amendment Addition: The 44th Constitutional Amendment Act of 1978 added clause (2) to Article 38. This specific clause requires the State to proactively work to minimize inequalities in income, status, facilities, and opportunities among individuals and groups.
- Eradication of Systemic Inequality: This Article implies that the State cannot be a passive observer of poverty or exploitation. It provides the constitutional basis for progressive taxation, subsidies, and welfare schemes aimed at lifting marginalized populations out of systemic poverty.
- Judicial Interpretation: The Supreme Court has repeatedly used Article 38 to interpret the validity of socio-economic legislation. While citizens cannot sue the government to enforce it, courts weigh it heavily when deciding if a law restricting a fundamental right is “reasonable” in the public interest.
📌 DPSP • Equal Pay
Q.3) Which Article specifically directs the State to ensure equal pay for equal work for both men and women?
Ans > Article 39(d)
- Legislative Action: To enforce this constitutional directive, the Indian Parliament enacted the Equal Remuneration Act in 1976. This act legally prohibits wage discrimination on the grounds of sex and ensures equal pay for work of a similar nature.
- Randhir Singh vs Union of India (1982): In this landmark Supreme Court case, the judiciary declared that while “equal pay for equal work” is not an explicit Fundamental Right, it is a constitutional goal under Article 39(d) and can be enforced through Article 14 (Right to Equality).
- Application Beyond Gender: Over the decades, the interpretation of this principle has expanded. It is now frequently invoked by contract laborers, casual workers, and daily wage earners who demand parity in pay with regular, permanent employees performing identical duties.
- Broader Economic Directives: Article 39 as a whole contains several vital economic directives, including the prevention of the concentration of wealth (Article 39(c)) and ensuring that the material resources of the community are distributed to subserve the common good (Article 39(b)).
📌 Amendments • DPSP
Q.4) The 42nd Amendment Act (1976) added which of the following Directive Principles?
Ans > All of the above
- The Mini-Constitution Impact: The 42nd Amendment, enacted during the Emergency, heavily modified the Constitution. Alongside these three, it also added Article 43A, which directs the State to take steps to secure the participation of workers in the management of industries.
- Free Legal Aid (Article 39A): This addition led directly to the establishment of the Legal Services Authorities Act, 1987. It resulted in the creation of Lok Adalats and the National Legal Services Authority (NALSA) to ensure the poor are not denied justice due to economic disabilities.
- Environmental Protection (Article 48A): This principle was added globally in the wake of the 1972 Stockholm Conference on the Human Environment. It mandated the government to protect forests and wildlife, leading to stringent laws like the Forest (Conservation) Act of 1980.
- Child Development (Article 39(f)): The amendment altered this clause to specifically protect children against exploitation and moral and material abandonment, reinforcing the constitutional backing for subsequent child labor prohibition and juvenile justice frameworks.
📌 DPSP • Welfare Schemes
Q.5) Which Article directs the State to make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement?
Ans > Article 41
- Economic Capacity Clause: Article 41 comes with a built-in caveat: the State is required to make these provisions only “within the limits of its economic capacity and development.” This acknowledges that a developing nation cannot provide universal social security instantly.
- Foundation for MGNREGA: The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which guarantees 100 days of wage employment to rural households, draws its direct constitutional legitimacy and philosophical backing from Article 41’s mandate to secure the “right to work.”
- National Social Assistance Programme: The mandate to provide public assistance for old age, sickness, and disablement is actively fulfilled through schemes like the Indira Gandhi National Old Age Pension Scheme and various disability pensions managed by the Ministry of Rural Development.
- Evolution of the Right to Education: While Article 41 mentions the right to education, the exact mandate for early childhood care and primary education was later streamlined into Article 45, and ultimately, elementary education was elevated to a Fundamental Right under Article 21A via the 86th Amendment.
📌 DPSP • Labor Welfare
Q.6) Which Article directs the State to make provision for securing just and humane conditions of work and for maternity relief?
Ans > Article 42
- Protecting Human Dignity: Article 42 is rooted in socialist principles, ensuring that the drive for industrialization and economic growth does not result in the exploitation or physical degradation of the workforce. It demands basic occupational safety and health standards.
- Maternity Benefit Legislation: The direct legislative outcome of this Article is the Maternity Benefit Act of 1961. This law protects the employment of women during their maternity period and entitles them to full paid absence from work to take care of their child.
- The 2017 Amendment Act: In alignment with the spirit of Article 42, India amended the Maternity Benefit Act in 2017, increasing paid maternity leave from 12 weeks to 26 weeks for the first two children, making it one of the most progressive maternity laws globally.
- Factories Act and Labour Codes: Provisions regarding ventilation, lighting, drinking water, and the restriction of employment of women in dangerous factory operations under the Factories Act (1948) and the new Occupational Safety, Health and Working Conditions Code are grounded in Article 42.
📌 DPSP • Gandhian Ideals
Q.7) Which Directive Principle is based on Gandhian ideology and directs the State to promote cottage industries on an individual or co-operative basis in rural areas?
Ans > Article 43
- Gandhian Economic Philosophy: Article 43 reflects Mahatma Gandhi’s vision of a decentralized, village-based economy. Gandhi believed that heavy industrialization would lead to exploitation, whereas cottage industries would provide sustainable, self-reliant employment to India’s massive rural population.
- Institutional Execution: To implement this directive, the Government of India established several statutory bodies, most notably the Khadi and Village Industries Commission (KVIC), the Coir Board, and the Handloom Board, which provide funding, training, and marketing support to rural artisans.
- Living Wage vs Minimum Wage: The first half of Article 43 also mandates the State to secure a “living wage” for all workers (agricultural, industrial, or otherwise). A living wage is a step above a minimum wage; it ensures a standard of living that covers education, healthcare, and insurance, not just bare sustenance.
- Co-operative Societies Link: The emphasis on the “co-operative basis” in rural areas laid the groundwork for the cooperative movement in India. This was later bolstered by the 97th Amendment Act (2011), which added Article 43B specifically to promote the professional management of co-operative societies.
📌 DPSP • Public Health
Q.8) Which Article directs the State to raise the level of nutrition and the standard of living of its people and to improve public health?
Ans > Article 47
- Public Health as a Primary Duty: Article 47 explicitly designates the raising of nutrition and the improvement of public health as one of the “primary duties” of the State. This forms the constitutional backbone for national healthcare policies, immunization drives, and food security acts.
- Prohibition of Intoxicants: The second half of Article 47 contains a strict Gandhian directive: the State shall endeavor to bring about the prohibition of the consumption of intoxicating drinks and drugs that are injurious to health, except for medicinal purposes.
- State Implementation of Prohibition: Because alcohol is a State subject under the 7th Schedule, individual states decide on prohibition. States like Gujarat, Bihar, Nagaland, and Mizoram have implemented total or partial bans on alcohol, citing their constitutional obligation under Article 47.
- Mid-Day Meal and Food Security: Massive welfare programs like the PM POSHAN scheme (formerly the Mid-Day Meal Scheme) for school children, and the National Food Security Act of 2013, which provides subsidized food grains through the PDS, are direct policy manifestations of the mandate to raise nutritional levels.
📌 Fundamental Duties • Constitution
Q.9) The Fundamental Duties were added to the Constitution by the 42nd Amendment in 1976. In which Part of the Constitution are they located?
Ans > Part IV-A
- The Swaran Singh Committee: The Indira Gandhi government formed the Sardar Swaran Singh Committee during the National Emergency to study the necessity of Fundamental Duties. The committee argued that citizens must realize that rights and duties are inseparable.
- Soviet Inspiration: The concept of Fundamental Duties was inspired by the Constitution of the erstwhile Soviet Union (USSR). Notably, none of the major democratic constitutions at the time, such as those of the USA, Canada, or Australia, contained a specific list of citizen duties.
- Single Article Structure: Part IV-A consists of only one single article: Article 51A. It originally contained 10 distinct duties. A defining feature of these duties is that they are confined only to Indian citizens and do not extend to foreigners residing in India.
- Addition of the 11th Duty: The list remained unchanged for over two decades until the 86th Constitutional Amendment Act of 2002 added an 11th duty. This requires parents or guardians to provide opportunities for education to their children between the ages of 6 and 14 years.
📌 Fundamental Duties • Article 51A
Q.10) Which of the following is NOT a Fundamental Duty under Article 51A?
Ans > To pay taxes honestly and regularly
- The Rejected Recommendation: The Swaran Singh Committee had originally recommended the inclusion of the duty to pay taxes. However, the Congress government at the time rejected this specific recommendation, and it was excluded from the final drafting of the 42nd Amendment.
- Moral versus Civic Duties: The duties under Article 51A are a mix of moral obligations (like cherishing the noble ideals of the freedom struggle) and civic duties (like respecting the Constitution, National Flag, and National Anthem).
- Non-Justiciable Nature: Similar to the Directive Principles, Fundamental Duties are non-justiciable. The Constitution does not provide for their direct legal enforcement by the courts. There is no constitutional penalty specifically for their violation.
- Statutory Implementation: Despite being non-justiciable, Parliament can enforce them via legislation. For example, the Prevention of Insults to National Honour Act (1971) penalizes disrespect to the flag (Duty 51A(a)), and the Wildlife Protection Act enforces the environmental duty (Duty 51A(g)).
📌 Union Executive • President
Q.11) Part V of the Constitution deals with the Union Executive. Which Articles specifically cover the President and Vice-President?
Ans > Articles 52 to 73
- Structure of the Union Executive: The Union Executive in India does not just consist of the President and Vice-President. It also comprises the Prime Minister, the Council of Ministers, and the Attorney General of India, operating under the Parliamentary system of government.
- The Largest Part: Part V of the Constitution is the largest part, titled “The Union.” It extends from Article 52 to Article 151, covering the Executive, the Parliament (Legislature), the Supreme Court (Judiciary), and the Comptroller and Auditor General of India.
- Nominal vs Real Head: Articles 52 and 53 state that there shall be a President and that all executive power is vested in him. However, India follows the British Westminster model, making the President the nominal head (De jure), while real power (De facto) rests with the Prime Minister.
- The Scope of Articles 52 to 73: This specific range meticulously details the qualifications, election procedures, oaths, terms of office, impeachment protocols, and pardoning powers of both the President and the Vice-President, establishing the highest constitutional offices of the Republic.
📌 Electoral College • President
Q.12) Article 54 details the Electoral College for the election of the President. Which of the following does NOT participate in the President’s election?
Ans > Nominated members of the Rajya Sabha and State Assemblies
- Logic of Exclusion: Nominated members are strictly excluded from the Electoral College to prevent bias. Since the President of India has the power to nominate these members (e.g., 12 to the Rajya Sabha), allowing them to vote for their nominator could compromise the fairness of the election.
- Exclusion of State Legislative Councils: Members of the State Legislative Councils (the upper houses in states that have a bicameral legislature) are entirely excluded—both elected and nominated. This ensures parity, as only a handful of states in India possess a Legislative Council.
- Proportional Representation: The election is held in accordance with the system of proportional representation by means of the single transferable vote. This ensures that the successful candidate is returned by an absolute majority of votes, not just a simple plurality.
- Value of Votes Principle: The Constitution ensures uniformity in the scale of representation. The value of an MLA’s vote is determined by dividing the state’s population (frozen at the 1971 census until 2026) by the number of elected MLAs, ensuring populous states have proportional weight.
📌 President Election • Union Territories
Q.13) Do the elected members of the Legislative Assemblies of Union Territories participate in the election of the President?
Ans > Yes, but only the elected members of the Legislative Assemblies of Delhi and Puducherry
- The 70th Amendment Act (1992): Originally, no Union Territories participated in the Presidential election. The 70th Constitutional Amendment explicitly added the elected members of the Legislative Assemblies of the National Capital Territory of Delhi and the UT of Puducherry to the Electoral College.
- Rationale for Inclusion: Delhi and Puducherry were granted legislatures to provide democratic representation to their large populations. Denying their elected MLAs a voice in choosing the Head of State was deemed unjust, prompting the constitutional amendment.
- The Case of Jammu & Kashmir: Following the Jammu and Kashmir Reorganisation Act, 2019, J&K became a UT with a legislative assembly. However, Article 54 has not yet been formally amended to include the J&K assembly in the Electoral College, creating an ongoing constitutional nuance.
- Strict Construction of the College: If a state legislative assembly is dissolved at the time of the Presidential election, its members cease to be part of the electoral college. A dissolved assembly cannot vote, and the election proceeds without their representation.
📌 Qualifications • President
Q.14) What is the minimum age prescribed for a person to be eligible for election as President of India?
Ans > 35 years
- Age Requirements in the Constitution: The Constitution sets varied age thresholds for different offices to reflect the required maturity and experience. While a Lok Sabha member must be 25 and a Rajya Sabha member 30, the highest offices—President, Vice-President, and State Governors—require a minimum age of 35.
- No Maximum Age Limit: Unlike the retirement ages strictly set for Supreme Court Judges (65 years) and High Court Judges (62 years), the Constitution of India prescribes no upper age limit for the office of the President.
- No Term Limits: Article 57 states that a person who holds, or who has held, office as President is eligible for re-election to that office. There is no cap on the number of terms a person can serve, unlike the US Constitution which limits presidents to two terms.
- Dr. Rajendra Prasad’s Precedent: To date, Dr. Rajendra Prasad, the first President of independent India, is the only individual to have been elected to the office for two consecutive terms, setting a historical benchmark that has not been repeated.
📌 Qualifications • President
Q.15) To be eligible for election as President, a person must be qualified for election as a member of the:
Ans > Lok Sabha
- Representative of the People: The President is considered the head of the Indian State and represents the nation as a whole. Therefore, the framers mandated that the President must possess the qualifications required to sit in the House of the People (Lok Sabha), which is directly elected by the citizens.
- Contrast with the Vice-President: This qualification directly contrasts with that of the Vice-President, who must be qualified for election to the Rajya Sabha. This is because the Vice-President’s primary constitutional function is to serve as the ex-officio Chairman of the Rajya Sabha.
- Office of Profit Restriction: Alongside the Lok Sabha qualification, Article 58 strictly dictates that a presidential candidate must not hold any office of profit under the Union, State, or local governments, ensuring the candidate’s financial and political independence.
- Exceptions to Office of Profit: The Constitution explicitly exempts the sitting President, Vice-President, State Governors, and Union/State Ministers from the “office of profit” disqualification. They can contest the presidential election without resigning from their current posts.
📌 Office of President • Oath
Q.16) The oath of office to the President is administered by the:
Ans > Chief Justice of India
- Constitutional Custodianship: The oath is administered by the Chief Justice of India (CJI) because the judiciary is the ultimate guardian of the Constitution. This act symbolizes the President’s submission to the constitutional framework and the rule of law.
- Absence of the CJI: Article 60 dictates that in the event the Chief Justice of India is absent or the office is vacant, the oath is to be administered by the senior-most Judge of the Supreme Court of India who is available at that time.
- Unique Oath Phrasing: The President’s oath is unique. While ministers swear true faith and allegiance and to maintain secrecy, the President explicitly swears to “preserve, protect and defend the Constitution and the law,” and to devote themselves to the service and well-being of the people.
- Acting Presidents and Oaths: Any person acting as President or discharging the functions of the President (such as the Vice-President or the CJI during an emergency vacancy) must also undertake this exact same solemn oath before assuming the duties.
📌 Resignation • President
Q.17) If the President wishes to resign from office before the expiry of their term, to whom must they address the resignation letter?
Ans > The Vice-President of India
- Immediate Communication Duty: According to Article 56(2), once the Vice-President receives the President’s resignation letter, they are constitutionally obligated to immediately communicate this fact to the Speaker of the Lok Sabha. This ensures the legislature is instantly aware of the vacancy.
- Chain of Succession: Upon the President’s resignation, the Vice-President immediately assumes the role of acting President. This prevents any constitutional vacuum in the highest office of the state, ensuring continuous executive leadership.
- Six-Month Limitation: Unlike the American system where the Vice-President takes over for the remainder of the departed President’s term, the Indian Vice-President acts as President only for a maximum of six months. A fresh election must be held within this timeframe.
- The New Term: The newly elected President does not serve out the remainder of the previous President’s term. Instead, they serve a full, fresh term of five years from the date they enter their office, completely resetting the electoral clock.
📌 Impeachment • Article 61
Q.18) Which Article details the procedure for the impeachment of the President?
Ans > Article 61
- Quasi-Judicial Process: Impeachment under Article 61 is described as a quasi-judicial procedure of Parliament. It is not purely legislative because Parliament acts as a tribunal, investigating charges, weighing evidence, and delivering a verdict on the Head of State.
- Initiation in Either House: The impeachment charges can be initiated by either House of Parliament—the Lok Sabha or the Rajya Sabha. There is no constitutional preference for the lower house to start the process, highlighting the equal status of both houses in this matter.
- The 14-Day Notice: To initiate the process, a formal resolution must be moved. This requires a written notice of at least 14 days. Furthermore, this notice must be signed by at least one-fourth (25%) of the total members of the House that is framing the charges.
- Right to Defense: The President has the constitutionally guaranteed right to appear and be represented at the investigation. The investigating House can form a committee or utilize courts to investigate the charges, ensuring the President receives a fair hearing.
📌 Impeachment Grounds • President
Q.19) What is the only ground mentioned in the Constitution for the impeachment of the President?
Ans > Violation of the Constitution
- Undefined Ambiguity: The phrase “Violation of the Constitution” is deliberately left undefined within the text of the Constitution itself. The framers left the interpretation of this grave charge entirely to the wisdom and judgment of Parliament at the time of the event.
- Contrast with Supreme Court Judges: This ground is distinct from the removal criteria for Supreme Court and High Court judges. Judges are removed on the grounds of “proved misbehaviour or incapacity,” which require a different, more strictly defined investigative process under the Judges (Inquiry) Act, 1968.
- Contrast with the US President: The US Constitution explicitly lists “Treason, Bribery, or other high Crimes and Misdemeanors” as grounds for impeachment. India’s single, broad criterion focuses purely on the President’s adherence to their core oath to protect the Constitution.
- Historical Clean Slate: Because the constitutional threshold is so high and the political consensus required is immense, no President of India has ever faced an impeachment proceeding in the history of the Republic.
📌 Impeachment Voting • President
Q.20) A resolution for the impeachment of the President must be passed by a majority of:
Ans > Not less than two-thirds of the total membership of that House
- The Strictest Majority: This is the most stringent majority requirement found anywhere in the Indian Constitution. It is significantly harder to achieve than the standard “special majority” used for constitutional amendments under Article 368.
- Absolute Numbers Matter: “Total membership” means the absolute total number of seats in the House, irrespective of whether there are vacancies or members absent on the day of voting. For the Lok Sabha, it requires the backing of two-thirds of 543 members, without exception.
- Two-Stage Voting Requirement: The resolution must first be passed by a two-thirds majority of the total membership in the initiating House. After the second House investigates and sustains the charges, it must also pass the resolution by a two-thirds majority of its total membership.
- No Joint Sitting: Unlike deadlocks over ordinary bills, the Constitution does not permit a joint sitting of Parliament for the impeachment of the President. Both Houses must pass the resolution independently; a failure in either House immediately kills the impeachment effort.
📌 Impeachment Participants • President
Q.21) Do the nominated members of either House of Parliament participate in the impeachment of the President?
Ans > Yes
- The Constitutional Anomaly: This presents one of the most fascinating anomalies in Indian constitutional law: nominated members of Parliament are expressly forbidden from voting in the election to choose the President, yet they have full voting rights in the process to remove them.
- Rationale for Inclusion: The reasoning behind this is that while the election is a representative democratic process (hence only elected members), impeachment is a quasi-judicial function of the Parliament as a whole institution, encompassing every sitting member.
- Exclusion of State Assemblies: Conversely, the elected members of the Legislative Assemblies of States and Union Territories, who play a massive role in electing the President, have zero role in the impeachment process. State legislatures cannot initiate or vote on removal.
- Anglo-Indian Nominations Halted: Regarding the Anglo-Indian community, the 104th Constitutional Amendment Act (2019) ceased the nomination of members from this community to the Lok Sabha and State Assemblies, making those specific nominations obsolete.
📌 Office of VP • Article 63
Q.22) Which Article states that there shall be a Vice-President of India?
Ans > Article 63
- The Second Highest Dignitary: Article 63 mandates the existence of the office of the Vice-President, establishing it as the second highest constitutional office in the country, subordinate only to the President in the order of precedence.
- The American Model: The office of the Indian Vice-President is heavily modelled on the lines of the American Vice-President. In both nations, the primary daily function of the Vice-President is to preside over the upper house of the legislature.
- Ex-Officio Chairman (Article 64): Article 64 explicitly states that the Vice-President shall be the ex-officio Chairman of the Council of States (Rajya Sabha) and shall not hold any other office of profit. “Ex-officio” means holding the chairmanship by virtue of holding the vice-presidency.
- Salary Mechanics: Fascinatingly, the Constitution does not fix any salary for the Vice-President in that capacity. The individual draws their regular salary solely in their role as the Chairman of the Rajya Sabha. When acting as President, they draw the President’s salary instead.
📌 Electoral College • VP
Q.23) The Vice-President is elected by an electoral college consisting of:
Ans > Both elected and nominated members of Parliament
- Inclusion of Nominated MPs: Unlike the Presidential Electoral College, the Electoral College for the Vice-President includes both the elected and the nominated members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
- Exclusion of State MLAs: Members of the State Legislative Assemblies do not participate in the Vice-Presidential election. Dr. B.R. Ambedkar explained that while the President oversees center-state relations requiring state input, the Vice-President’s duties are strictly confined to the central Parliament.
- Election Methodology: Similar to the President, the election is held using the system of proportional representation by means of the single transferable vote. The voting at such elections is conducted via secret ballot to ensure members vote without party whip coercion.
- Supreme Court Jurisdiction: All doubts and disputes arising out of or in connection with the election of a President or Vice-President are inquired into and decided exclusively by the Supreme Court of India, whose decision is final.
📌 Qualifications • VP
Q.24) To be eligible for election as Vice-President, a person must be qualified for election as a member of the:
Ans > Rajya Sabha
- Alignment with Duties: The requirement to be qualified for the Rajya Sabha is a direct logical consequence of the Vice-President’s primary role: serving as the ex-officio Chairman of the Rajya Sabha. The framers believed the presiding officer should meet the standards of the house they oversee.
- Basic Qualifications: Alongside the Rajya Sabha qualification, the candidate must be a citizen of India, have completed 35 years of age, and must not hold any office of profit under any government or local authority.
- Security Deposit: A candidate for the Vice-Presidential election must deposit a sum of ₹15,000 in the Reserve Bank of India. To even file a nomination, the candidate needs 20 electors as proposers and 20 electors as seconders from the Electoral College.
- Status Upon Election: If a person who is already a member of either House of Parliament or a State Legislature is elected Vice-President, they are deemed to have vacated their seat in that House on the exact date they enter the office of Vice-President.
📌 Removal Process • VP
Q.25) A formal impeachment process (like that of the President) is NOT required for the removal of the Vice-President. The VP can be removed by:
Ans > A resolution of the Rajya Sabha passed by an effective majority and agreed to by the Lok Sabha with a simple majority
- No “Impeachment” Terminology: The Constitution strictly reserves the term “impeachment” for the President. The Vice-President undergoes a “removal” process, which is significantly easier to execute than the rigid two-thirds total membership requirement for the President.
- Exclusive Rajya Sabha Initiation: A resolution for the removal of the Vice-President can only be introduced in the Rajya Sabha, never in the Lok Sabha. This is because the Vice-President serves primarily as the Chairman of the Rajya Sabha.
- The “Effective Majority” Concept: The Constitution requires the resolution to be passed by “a majority of all the then members of the Council.” In constitutional parlance, this is an “effective majority”—meaning more than 50% of the total strength minus any current vacant seats.
- No Grounds Mentioned: Astonishingly, just as “violation of the constitution” is undefined for the President, the Constitution lists absolutely no specific grounds for the removal of the Vice-President. It is left entirely to the political will of the Parliament.
📌 Ordinance Power • President
Q.26) Which Article grants the President the power to promulgate Ordinances when Parliament is not in session?
Ans > Article 123
- Executive Legislation: Article 123 grants the President a unique legislative power to issue ordinances. These ordinances have the exact same force and effect as an Act of Parliament, but they are inherently temporary in nature.
- Emergency Prerequisite: The power can only be exercised when both Houses of Parliament are not in session (or when only one House is in session, since a law requires both). The President must be satisfied that circumstances exist which render it necessary to take “immediate action.”
- Co-extensive Power: The ordinance-making power is co-extensive with Parliament’s legislative power. This means an ordinance can only be issued on subjects where Parliament has the authority to legislate (Union List and Concurrent List), and it cannot violate Fundamental Rights.
- Judicial Review Applicability: In the landmark D.C. Wadhwa and Krishna Kumar Singh cases, the Supreme Court ruled that the ordinance-making power is subject to judicial review. If the executive abuses this power by repeatedly re-promulgating ordinances to bypass the legislature, it is considered a fraud on the Constitution.
📌 Ordinances • Duration
Q.27) What is the maximum possible life of an Ordinance promulgated by the President (assuming Parliament takes no action upon reassembly)?
Ans > 6 months and 6 weeks
- The Parliamentary Gap: Article 85 stipulates that the maximum gap between two sessions of Parliament cannot exceed six months. Therefore, if an ordinance is issued on the very day Parliament is prorogued, it can survive for six months before Parliament must meet again.
- The Six-Week Countdown: Once Parliament reassembles, the ordinance must be laid before both Houses. If Parliament takes no legislative action to approve it, the ordinance automatically expires exactly six weeks from the date of reassembly.
- Varying Reassembly Dates: If the Lok Sabha and the Rajya Sabha are summoned to reassemble on different dates, the six-week countdown officially begins from the later of those two dates, maximizing the time available for parliamentary scrutiny.
- Executive Withdrawal: The President does not have to wait for the six weeks to lapse or for Parliament to disapprove it; they can withdraw the ordinance at any time on the advice of the Council of Ministers. Furthermore, Parliament can kill the ordinance before the six weeks by passing resolutions disapproving it.
📌 Pardoning Power • Article 72
Q.28) Can the President pardon a death sentence?
Ans > Yes, under Article 72
- Exclusive Presidential Power: The power to pardon a death sentence (capital punishment) rests exclusively with the President of India. Even if a death sentence is awarded under a State law, the Governor of that state (under Article 161) does not possess the power to pardon it.
- Court Martial Jurisdiction: The President’s pardoning power under Article 72 extends to all cases where the punishment or sentence is by a Court Martial (military court). State Governors have no such jurisdiction over military sentences.
- Advice of the Cabinet: While Article 72 reads as if the President has discretionary power, the Supreme Court in Maru Ram vs Union of India clarified that the President must act on the aid and advice of the Council of Ministers (specifically, the Ministry of Home Affairs).
- Judicial Scrutiny Limitations: The President’s decision on mercy petitions cannot generally be appealed on merits. However, in cases like Epuru Sudhakar and Shatrughan Chouhan, the Supreme Court ruled that a pardon can be subject to limited judicial review if the decision was arbitrary, malafide, or suffered from an unreasonable, unexplained delay.
📌 Pardon Powers • Commutation
Q.29) Which pardon power refers to the substitution of one form of punishment for a lighter form (e.g., substituting a death sentence with rigorous imprisonment)?
Ans > Commutation
- Changing the Character: The essence of ‘Commutation’ is a qualitative change in the punishment. It means substituting a harsher, more severe penalty with a lighter one, effectively altering the very nature of the sentence originally handed down by the court.
- Common Examples: Beyond converting a death sentence to life imprisonment, commutation can also involve changing a sentence of rigorous imprisonment (which involves hard labor) to simple imprisonment, or converting a sentence of imprisonment into a simple monetary fine.
- Statutory Backing: While Article 72 grants this power to the President, the Code of Criminal Procedure (CrPC), and now the Bharatiya Nagarik Suraksha Sanhita (BNSS), also outline statutory procedures for the appropriate government (State or Center) to commute sentences under specific circumstances.
- Distinct from Reprieve: Commutation is a permanent alteration of the sentence’s character, whereas a ‘Reprieve’ is merely a temporary stay or suspension of the execution of a sentence (most commonly a death sentence) to allow the convict time to seek a pardon.
📌 Pardon Powers • Remission
Q.30) Which pardon power refers to reducing the period of sentence without changing its character (e.g., reducing rigorous imprisonment from 2 years to 1 year)?
Ans > Remission
- Quantitative Reduction: Unlike commutation, ‘Remission’ is purely quantitative. It involves reducing the duration or amount of the sentence without altering its fundamental character. If the original sentence was rigorous imprisonment, the reduced sentence remains rigorous imprisonment.
- Routine Prison Administration: Remission is frequently utilized as an administrative tool within the prison system. State governments routinely grant remissions based on a prisoner’s good behavior, discipline, and participation in prison labor programs, helping to manage prison overcrowding.
- Festive and National Releases: It is a common practice in India for the executive to announce mass remissions on occasions of national importance, such as Republic Day, Independence Day, or the birth anniversaries of historical figures, leading to the early release of thousands of eligible inmates.
- Distinct from Respite: Remission reduces the term for standard reasons, whereas a ‘Respite’ involves awarding a lesser sentence in place of the original penalty strictly due to a special, specific fact about the convict, such as severe physical disability or the pregnancy of a female offender.
📌 Quick Summary — Polity Set 139
- DPSP Articles: The Directive Principles of State Policy are covered under Articles 36 to 51 in Part IV.
- Welfare State (Art 38): Directs the State to secure a social order for the welfare of the people.
- Equal Pay (Art 39d): Ensures equal pay for equal work for both men and women.
- 42nd Amendment (1976): Added vital DPSPs like free legal aid (39A) and environmental protection (48A).
- Right to Work (Art 41): State provision for work, education, and public assistance in certain cases.
- Humane Conditions (Art 42): Securing just and humane conditions of work and maternity relief.
- Cottage Industries (Art 43): Based on Gandhian ideology to promote rural co-operative industries.
- Public Health (Art 47): Duty of the State to raise nutrition levels and prohibit intoxicants.
- Fundamental Duties (Part IV-A): Added by the 42nd Amendment, inspired by the USSR.
- Taxes: Paying taxes is NOT a Fundamental Duty under Article 51A.
- Union Executive: Articles 52 to 73 specifically cover the President and Vice-President.
- President’s Election (Art 54): Nominated members do NOT participate; elected MLAs of Delhi & Puducherry DO participate.
- Presidential Age Limit: Minimum 35 years; no maximum age limit or term restrictions.
- Qualifications & Oath: Must be qualified for Lok Sabha; oath administered by the CJI.
- Presidential Impeachment (Art 61): Only for “Violation of the Constitution,” requiring a 2/3rd majority of the total membership. Nominated MPs CAN vote.
- Vice-President (Art 63): Ex-officio Chairman of the Rajya Sabha. Resignation of President goes to the VP.
- VP Electoral College: Elected AND nominated members of Parliament only (no State MLAs).
- VP Removal: Requires an effective majority in Rajya Sabha and a simple majority in Lok Sabha.
- Ordinance Power (Art 123): Maximum life is 6 months and 6 weeks when Parliament is not in session.
- Pardoning Power (Art 72): President can pardon death sentences. Commutation substitutes punishment to a lighter form; Remission reduces the term without changing character.
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