Please enable JavaScript.
Coggle requires JavaScript to display documents.
PRESIDENT PART 5 CHAP 1 ART 52 TO78 (VICE PRESIDENT (AS ACTING PRESIDENT,…
PRESIDENT PART 5 CHAP 1 ART 52 TO78
in India both citizens by birth as well as naturalized citizens are eligible for the
office of the President while in USA, only a citizen by birth and not a naturalized citizen is eligible for the
office of President.
discretionary powers of President
The President has veto power by which he can withhold or refuse to give assent
to Bills (other than Money Bill) passed by the Parliament. The President can send the bill back to the
Parliament asking it to reconsider the bill. So, in case of ordinary bill, President has a discretionary
power.
The President has discretion to appoint Prime Minister in such cases. Other
ministers are appointed on the advice of PM.
It is not a discretionary power of the President. The Governor in a state is
appointed by the President on the advice of central government
VICE PRESIDENT
Vice President is ex-officio chairman of Council of States but he is not member
of either Lok Sabha or Rajya Sabha.
He can resign by addressing to the President of India.
AS ACTING PRESIDENT
he enjoys all the powers and Privileges of the President
He enjoys all immunities which are
available to the President for his official
acts.
He can pardon the sentence of a court
martial.
He can promulgate ordinances on the
advice of Council of Ministers
While acting as President or discharging the functions of President, the Vice-President does not perform
the duties of the office of the chairman of Rajya Sabha. During this period, those duties are performed
by the Deputy Chairman of Rajya Sabha
REMOVAL
Article 56(1)(b) states that President may , for violation of the constitution, be
removed from office by impeachement. However Constitution does not give description of what
amounts to violation of constitution
The nominated members of either House of Parliament can participate in the
impeachment of the President though they do not participate in his election
Unlike in USA, Vice president does not take charge for remaining tenure but
only till the new president is elected.
The impeachment charges can be initiated by either House of Parliament. These
charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days’
notice should be given to the President. After the impeachment resolution is passed by a majority of
two-thirds of the total membership of that House, it is sent to the other House, which should investigate
the charges. If the other House also sustains the charges and passes the impeachment resolution by a
majority of two-thirds of the total membership, then the President stands removed from his office