COI Unit-2 Part- 2 Union Executive and State Executive

National exigency ii. indigenous exigency iii. fiscal exigency b. But each similar protestation of exigency has to be got approved by both of houses of congress. c. In case the Lok Sabha dissolved at the time of the protestation of exigency it, has to be approved by the Rajya Sabha. 7. eclectic Power a. It gives blessing to the constitution issued by the chairman. b. It changes the boundary of the state, establishes new countries and change the name of countries. c. It makes changes in the governance of the Supreme Court and High Court according to the provision of the constitution.d. Revising the payment and allowances of the member of the Parliament.e. To bandy the report of UPSC Auditor General of India and Finance Commission etc. Que2.7. What are the powers and functions of the President of India? AnswerA. Executive Powers of President 1. Head of the Union Administration All superintendent orders are issued in the name of the President. 2. movables of officers of the State a. The President makes movables to the crucial posts to run the government’s administration. b. He appoints the Prime Minister and the Council of Ministers, the Chief Justice and the Judges of Supreme Court and the High Courts, the Governors of the States, Attorney General of India, Comptroller and Auditor General, Chairman and members of the UPSC, Chairman and members of the Planning Commission.B. Legislative Powers of President 1. The President addresses the Sessions of the Parliament. 2. The President has the power to address either House of Parliament at any time. 3. He can shoot dispatches to either House of the Parliament. He process and prorogues the Houses. 4. He can dissolve the Lok Sabha and order fresh choices. 5. No Bill can come a law without the assent and the hand of the President. 6. Under Composition 123, the President can enunciate an constitution.C. Politic Powers of President 1. India is represented on International forum by the President of India. 2. He sends and receives ministers. 3. All transnational covenants and agreements are concluded on behalf of the President subject to ratification by congress. D. Financial Powers of President 1. To introduce the plutocrat bill, his previous recommendation is a must-have. 2. He causes Union Budget to be laid before the Parliament. 3. To make a demand for subventions, his recommendation is apre-requisite. 4. Contingency Fund of India is under his control. 5. He constitutes the Finance Commission every five times.E. Military Powers of President 1. Composition 53 vests the supreme command of the Armed Forces of India in the President. 2. President of India can declare war or conclude peace, under the regulation by the congress.F. Judicial Powers of President 1. Appointment of Chief Justice and Supreme Court/ High Court Judges are on him. 2. He takes advice from the Supreme Court still; the advice isn’t binding on him. 3. He has pardoning power. He can pardon or remit or suspend a judgment of discipline given by the court martial or a judgment of death passed by a court.G. Emergency Powers of President 1. It’s a situation in which the Head of the State( President) assumes extraordinary powers. 2. The President of India can annunciate a state of exigency in the following casesi. National or general exigency, ii. Breakdown of indigenous ministry, iii. fiscal exigency. Que2.9. Who’s Prime Minister of India? Describe the powers and functions of the high minister of India. Answer 1. The Prime Minister of India is the head of the government and country. 2. He’s appointed by the President of India after the political party wins a general election and nominates a seeker for the post. 3. The leader of that political party is hence appointed as the Prime Minister of India. Powers of Prime Minister Prime Minister of India performs his functions by taking liabilities listed below 1. The leader of Country The Prime Minister of India is the Chief Head of the Government of India. 2. Portfolio allocation The Prime Minister has the authority to assign separate portfolios to the Ministers. 3. Chairman of the Cabinet The Prime Minister is the president of the press and conducts the meetings of the Cabinet. He can put his decision if there’s a pivotal opinion difference and conflict among the members. 4. Official Representative of the country florescence minister represents the country for high- position transnational meetings and he’s the minister of the country. 5. The link between the President and the Cabinet The Prime Minister acts as the link between the President and press. He communicates all opinions of the Cabinet to the President which is related to the administration of the affairs of the Union and proffers for legislation. 6. Head The Prime Minister is the head of numerous organisation and programs like Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions. 7. Chief Advisor He also plays the part of principal counsel to the President. Que2.10. Describe the main functions of Prime Minister related to the Council of Ministers. Answer The main functions of Prime Minister related to the Council of Ministers are as follows 1. The Prime Minister recommends the names of members of his platoon to appoint as a Minister. The President can only make those people as ministers whose names are recommended by the Prime Minister. 2. Prime Minister determines which department will be given to which minister and he can also change the distributed department of any Minister. 3. He also presides over the meeting of the Council of Ministers and can change the opinions according to his wishes. 4. He can ask any minister to abdicate or advise the chairman to dismiss him in case of differences of opinion. 5. He also controls and directs the conditioning of all Ministers. 6. He can bring about the collapse of the Council of Ministers by relinquishing from office. Que2.11. What do you mean by bar? Answer 1. The bar is that branch of the government that interprets the law, settles controversies and administers justice to all citizens. 2. The Indian Judiciary administers a common law system of legal governance, in which customs, precedents and legislation, all codify the law of the land. 3. The Indian bar is considered the watchdog of republic, and also the guardian of the Constitution. 4. For Indian republic to serve effectively, it’s imperative to have an unprejudiced and independent bar. Que2.12. What are the functions of bar in India? Answer Following are the functions of bar in India 1. The bar in India provides justice to the people. 2. The bar in India interprets and applies the laws. 3. The bar in India plays a part in making laws. 4. The bar in India protects rights of the citizens. 5. The bar in India is the guardian of the Constitution of India. 6. The bar in India also plays a civil part. 7. The bar in India is responsible for effective operation of the judicial administration. 8. The bar in India has premonitory functions. 9. The bar in India conducts judicial inquiries. Que2.13. Write a short note on independence of Supreme Court. Answer 1. The Supreme Court is a Civil court, the loftiest court of appeal, the patron of the abecedarian rights of the citizens and guardian of the Constitution. 2. thus, its independence becomes veritably essential for the effective discharge of the duties assigned to it. 3. It should be free from the encroachments, pressures and interferences of the superintendent( council of ministers) and the Legislature( Parliament). 4. It should be allowed to do justice without fear or favour. 5. The Constitution has made the following vittles to guard and insure the independent and unprejudiced functioning of the Supreme Court Mode of appointment. ii. Security of term. iii. Fixed service conditions. iv. Charges charged on the consolidated fund. Conduct of judges can not be bandied. vi. Ban on practice after withdrawal. vii. Power to discipline for its disdain. viii. Freedom to appoint its staff. ix. Its governance can not be elided. Separation from Administrative. Que2.14. Explain appointment judges in Indian bar. Answer 1. Judges are the main aspects of the bar. 2. Judges are admired in our country and people have lots of faith and hopes on them, therefore it’s necessary to make sure that the appointment of judges is proper and not poisoned. 3. colorful vittles of our Indian Constitution deals with the appointment of Judges which has to be followed in every aspect of appointment. Appointment of Judges in the District CourtsA. Qualifications 1. Composition 233 of the Indian Constitution deals with the appointment of District Judges. 2. Following are the qualifications for a person to be appointed as a District Judge a. The person has to be in practice as an advocate or solicitor for seven times or further. b. The person shouldn’t be in working in any other services of the Union or the State. c. The person has to be recommended by the High Court for employment.B. Procedure for appointment 1. According to Composition 233, the appointment can be done only after consulting the Governor of the State and also the Judges of the High Court that’s exercising governance in the State. 2. Composition 235 of the Indian Constitution provides powers to the High Courts to have control over the persons in the judicial service in the quarter court and other inferior courts. Appointment of Judges in the High CourtsA. Qualifications 1. The qualifications regarding the appointment of a person as a judge in the High Courts are handed in Composition 217. 2. According to the Composition a. The person appointed must be a citizen of India. b. The person appointed should have held a judicial office in the home of India for at least ten times. c. The person appointed should have been an advocate in the High Court for at least ten times.B. Procedure for appointment According to Composition 217 of the Indian Constitution 1. The judges of the High Courts can be appointed only by the leave of the President and his seal. 2. The appointment can be done only after consulting the Chief Justice of India and the Governor of the State. 3. The appointment of Judges other than the Chief Justice can be done after consulting the Chief Justice of the High Court. Appointment of Judges in the Supreme CourtA. Qualification 1. The qualifications regarding the appointment of a person as a judge in the Supreme Court are handed in Composition 124. 2. The person who satisfies all these necessary qualifications is only recommended. They’re a. The recommended person must be a citizen of India. b. They shouldn’t be over 65 times of age. c. They must have been a judge of one or further High courts continuously for five times. d. They must have been an advocate in the high court for at least ten times. e. The recommended person must be a distinguished magistrate in the opinion of the President.B. Procedure for appointment 1. Composition 124 of the Indian Constitution deals with the appointment of Chief Justice and Judges of the Supreme Court. 2. The collegium system is still followed for the appointment of the Judges. 3. Composition 124 of the Constitution says only seven judges can be appointed in the Supreme Court and the appointment can be increased when the Parliament deems it to be necessary.

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