When few months are left for UPPSC Prelims 2021, it becomes very important for every aspirant to be on their toes and follow an organized plan which will help them clear this exam and keep them at ease during the preparation phase.
UPPSC Target PT in 90 Days Planner will provide you with a daily time table, which will comprise of the following:
The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers and the attorney general of India. Articles 52 to 78 of Part V in the Constitution deal with the Union Executive.
S/He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation.
However, the offices of the President or the Vice-President or the Governor of a State or a Minister for the union or for any state would not be deemed to be holding an office of profit.
The President, as per the Article 54, is elected indirectly by members of Electoral College consisting of:
Note: The nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President.
The election of the President is held in accordance with the system of Proportional Representation by means of the single transferable vote. The voting is done by secret ballot.
A vacancy in the President’s office can occur in any of the following ways:
An election to fill the vacancy must be held before the expiration of the term. In case of any delay in conducting the election, the outgoing President continues to hold office (beyond his term of five years) in order to prevent an ‘interregnum’. In this situation, the Vice-President does not get the opportunity to discharge the functions of the President.
If the office falls vacant by resignation, removal, and death or otherwise, then election to fill the vacancy should be held within six months from the date of the occurrence of such a vacancy. The newly-elected President remains in office for a full term of five years from the date he assumes charge of his office. In this case, the Vice-President acts as the President until a new President is elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice- President discharges his functions until the President resumes his office.
In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant, the senior-most judge of the Supreme Court available) acts as the President or discharges the functions of the President.
When any person is acting as the President or discharging the functions of the President, he enjoys all the powers and immunities of the President and is entitled to such emoluments, allowances and privileges as are determined by the Parliament.
In case of (c), if the Bill is passed again by both Houses of Parliament with or without amendment and again presented to the President, it would be obligatory upon him to declare his assent to it (Art. 111).
(i) In all cases where the punishment or sentence is by a court-martial;
(ii) In all cases where the punishment or sentence is for an offence against a Union law; and
(iii) In all cases where the sentence is a sentence of death.
The pardoning power of the President includes the following: –
The Constitution confers extraordinary powers on the President to deal with the following three types of emergencies:
(a) National Emergency (Article 352);
(b) President’s Rule (Article 356 & 365); and
(c) Financial Emergency (Article 360)
Article 86(1) of the Constitution provides that the President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. However, since the commencement of the Constitution, there has not been any occasion when the President has addressed either House or both Houses assembled together, under the provision of this article.
Article 87 provides for the special address by the President. Clause (1) of that article provides that at the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year, the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. Such an Address is called 'special address'; and it is also an annual feature. No other business is transacted till the President has addressed both Houses of Parliament assembled together. The time and date of the President's Address are notified in the Parliamentary Bulletin, Part II.
This Address has to be to both Houses of Parliament assembled together. If at the time of commencement of the first session of the year, Lok Sabha is not in existence and has been dissolved, and Rajya Sabha has to meet, Rajya Sabha can have its session without the President's Address. This happened in 1977, when during the dissolution of Lok Sabha; Rajya Sabha had its session on 28 February 1977 without the President's Address.
In the case of the first session after each general election to Lok Sabha, the President addresses both Houses of Parliament assembled together after the members have made and subscribed the oath or affirmation and the Speaker has been elected.
The President's Address is a solemn and formal act under the Constitution. Utmost dignity and decorum befitting the occasion are maintained. Any action on the part of a member which mars the solemnity of the occasion of the President's Address or creates disturbance is viewed seriously and dealt with by the House concerned accordingly, either by disapproving the conduct of the member concerned or by constituting a Committee to go into it.
The President's Address is the statement of policy of the Government and, as such, is drafted by the Government which is responsible for its contents. The Address contains a review of various activities and achievements of the Government during the previous year and sets out the policies, projects and programmes which Government of the day wishes to pursue with regard to the important national and international issues. The Address also indicates, in broad terms, items of legislative business which are proposed to be brought during the sessions to be held in that year.
In order that the Address delivered by the President forms part of, and is incorporated in the proceedings of the House, both the Houses meet separately in their respective Chambers half-an-hour after conclusion of the Address, when a copy each of the Hindi and the English versions of the Address, duly authenticated by the President, is laid on the Tables
Clause(2) of article 87 of the Constitution requires that provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in the President's Address.
Generally, the discussion on the Address is set down in the List of Business two to three days after the Address.
The scope of discussion on the Address is very wide and the members are free to speak on all sorts of national or international problems. Even matters which are not specifically mentioned in the Address are brought into discussion through amendments to Motion of Thanks. The only limitations are that members cannot refer to matters which are not the direct responsibility of the Central Government and that the name of the President cannot be brought in during the debate since the Government and not the President is responsible for the contents of the Address.
Notwithstanding that a day has been allotted for discussion on the President's Address, a motion or motions for leave to introduce Bills or other business of a formal character may be transacted before the House commences or continues the discussion on the Address. The discussion may also be postponed in favour of an urgent Government Bill or other business. The time allotted by the House for discussion on the Motion of Thanks is distributed amongst various parties and groups in proportion to their strength in the House.
At the end of the discussion, the Prime Minister or any other Minister replies to the debate. Thereafter, the amendments are disposed, and then the Motion of Thanks is put to vote in the Houses. If any of the amendments is accepted then the Motion of Thanks is adopted in the amended form.
This motion must be passed in both of the Houses. A failure to get motion of thanks passed amounts to defeat of government and leads to collapse of government. This is why, the Motion of Thanks is deemed to be a no-confidence motion.
Every year, a large number of amendments are moved by members of the opposition highlighting the issues or pinpointing the failure of the Government or criticising the policy enunciated in the Address. There have been few instances so far, when the Motion of Thanks was adopted by Rajya Sabha with amendments. The Motion of Thanks with an amendment was adopted for the first time on 30 January 1980. On 29 December 1989, the Motion of Thanks was adopted with six amendments. Again on 12 March 2001, in2014, and in 2015, the Motion of Thanks was adopted with amendments.
After the Motion of Thanks is adopted, it is conveyed to the President by the Chairman/Speaker through a letter.
Part-V (Article 79 – 122) of the Constitution deals with the organization, composition, duration, officers, procedures, privileges and powers of the Parliament.
Article 79 provides for a Parliament consisting of the President and the two Houses viz. the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament
Such a resolution can be moved only after giving 14 days’ advance notice. When a resolution for the removal of the Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.
Note: Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.
This period follows the ‘Question Hour’ and it normally begins at noon. Usually, the members use this period to raise various issues for discussion.
No discussion on a matter of general public importance can take place except on a motion made with the consent of the presiding officer.
It is a motion moved by a member to cut short the debate on a matter before the House. If the motion is approved by the House, debate is stopped forthwith and the matter is put to vote.
With prior permission of the speaker; a member may call the attention of a Minister to any matter of urgent public importance. The Minister may make a brief statement regarding the matter or ask for time to make a statement. However, unlike the zero hour, it is mentioned in the Rules of Procedure.
It is motion moved by a member if he feels that a minister has committed a breach of privilege of the House or of any one or more of its members by with-holding facts of a case or by giving a distorted version of acts. Its purpose is to censure the concerned minister.
As there is usually gap between the presentation of the budget and its approval, the vote on account enables the govt. to draw some amount from the consolidated fund of India to meet the expenses in the intervening period.
On the last of the allotted days at the appointed time, the speaker puts every question necessary to dispose all the outstanding matters in connection with the demands for grants. This is known as guillotine. The guillotine concludes the discussion and demands for grants.
This session is presided over by the Speaker of Lok Sabha. Due to its numerical majority, the Lok Sabha has an upper hand during joint session.
Article 110 states that a Bill is deemed to be a money bill if it contains provisions dealing with all or any of the following matters:
The receipt of money on account of the Consolidated Fund of India or the Public Accounts of India or the custody or issue of such money or the audit of the accounts of the Union or of a State.
The President may either give assent or withhold assent. As the Money Bill is introduced on the prior recommendations of the President it is improbable that he will refuse to give his assent.
There is no provision for a joint sitting in the case of Money Bills. The Lok Sabha decision is the final say.
Under Art. 117, a Financial Bill is defined as a Bill containing provisions of general legislation along with one or more matters mentioned in Art.110.
Under Article 117, the Financial Bills which do not receive the Speaker’s certificate, to the effect that they are money bills are of 2 kinds:
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