Law & Life

Powers and Functions of the President of India Introduction The President of India serves as the ceremonial head of the state and the highest constitutional authority in the country. While the role is largely symbolic, the President holds significant powers and responsibilities that are crucial for the functioning of the Indian democracy. These powers are exercised in accordance with the Constitution of India and are categorized into various domains, including executive, legislative, judicial, financial, diplomatic, military, and emergency powers. 1. Executive Powers As per Article 53 of the Constitution, the executive power of the Union is vested in the President. These powers are exercised either directly or through officers subordinate to the President, in accordance with the Constitution. a. Appointment Powers The President appoints: The Prime Minister, who is usually the leader of the majority party in the Lok Sabha. Other members of the Council of Ministers, on the...

Writ Jurisdiction Under Articles 32 and 226 of the Indian Constitution Introduction The Indian Constitution enshrines a robust framework to protect the fundamental rights of its citizens. Central to this framework are Articles 32 and 226, which empower the Supreme Court and High Courts, respectively, to issue writs for the enforcement of rights. These provisions ensure that individuals have direct access to the judiciary to seek remedies against violations of their rights. Understanding Writs A "writ" is a formal written order issued by a court. In the context of the Indian legal system, writs are instruments through which courts enforce rights and ensure justice. The Constitution recognizes five types of writs: Habeas Corpus : Aims to protect individual liberty by ensuring that no person is unlawfully detained. Mandamus : Directs a public authority to perform a duty it has failed to fulfill. Prohibition : Issued by a higher court to prevent a lower court from ...

Doctrine of Pleasure in India Introduction The Doctrine of Pleasure is a constitutional principle that governs the tenure of government servants in India. Originating from British common law, it was incorporated into the Indian Constitution to ensure administrative flexibility. However, unlike its absolute application in the UK, the Indian version includes safeguards to protect civil servants from arbitrary dismissal. Origin and Meaning In British law, the doctrine allowed the Crown to dismiss civil servants at any time without reason or notice. This principle was adopted in India but modified to align with democratic values and the rule of law. Historical Background In British law, the doctrine allowed the Crown to dismiss civil servants at any time without reason or notice. This principle was adopted in India but modified to align with democratic values and the rule of law. The Latin maxim "durante bene placito" (during good pleasure) encapsulates this concept. In En...

Financial Emergency 1. Introduction to Financial Emergency The Indian Constitution provides for emergency provisions to safeguard the nation's stability and integrity. Among these, Financial Emergency is outlined in Article 360 . This provision empowers the President of India to declare a financial emergency if the financial stability or credit of the country or any part thereof is threatened. 2. Grounds for Declaration A Financial Emergency can be proclaimed under the following circumstances: Threat to Financial Stability : If the President is satisfied that the financial stability or credit of India or any part of its territory is in jeopardy. This could arise due to factors such as: Severe economic recession Failure of the banking system Drastic fall in foreign exchange reserves High inflation or deflation Natural calamities affecting the economy It's important to note that the President's satisfaction is subjective and, as per the 38th Amendment Act...

Introduction In India, each state has a Governor who acts as the formal head of that state (the President is the head at the national level). The Indian Constitution lays out how Governors are chosen and what rules they must follow. According to Article 155, “The Governor of a State shall be appointed by the President by warrant under his hand and seal” – in other words, the President formally names the Governor. In practice, the President acts on the advice of the Union Council of Ministers (the Prime Minister’s cabinet) when making this choice. This explanation will use plain language to cover the constitutional basis (Articles 155–158) for appointing Governors, the step-by-step process, term limits and removal, and comparisons with similar offices (like the President or Lieutenant Governors). Constitutional Basis India’s Constitution (in Part VI) sets the basic rules for Governors: Article 155: Appointment by President. A Governor is officially appointed by the President through...

Concurrent List in the Indian Constitution 1. Introduction to the Concurrent List The Indian Constitution establishes a federal structure, distributing legislative powers between the Union (Central) and State governments. This distribution is detailed in the Seventh Schedule of the Constitution, which comprises three lists: Union List : Subjects under the exclusive jurisdiction of the Parliament. State List : Subjects under the exclusive jurisdiction of State Legislatures. Concurrent List : Subjects on which both the Parliament and State Legislatures can legislate. The Concurrent List , also known as List III , includes subjects of common interest to both the Union and the States, allowing for a collaborative approach to legislation.  2. Composition of the Concurrent List Originally, the Concurrent List contained 47 subjects . However, the 42nd Amendment Act of 1976 transferred five subjects from the State List to the Concurrent List, increasing the total to 52 s...

National Emergency  and  State Emergency (President's Rule)   1. Introduction to Emergencies in India The Indian Constitution provides for emergency provisions to safeguard the sovereignty, integrity, and security of the country, as well as to maintain law and order and ensure the functioning of constitutional machinery. These provisions enable the central government to take necessary actions during extraordinary situations. There are three types of emergencies envisaged in the Constitution: National Emergency (Article 352) State Emergency or President's Rule (Article 356) Financial Emergency (Article 360) In this discussion, we will focus on the first two: National Emergency and State Emergency. 2. National Emergency (Article 352) 2.1. Meaning and Grounds A National Emergency can be proclaimed by the President of India under Article 352 when the security of India or any part thereof is threatened by: War External Aggression Armed Rebellio...

Various Methods Involved in the Process of Amending the Indian Constitution Introduction The Constitution of India is the supreme law of the country, but it also has a mechanism for changes to be made to it. This is important because society changes, and the Constitution needs to adapt to these changes while still protecting its core principles. This document explains the different ways the Indian Constitution can be amended, mainly focusing on Article 368 and other related parts. The rules for this process are mostly in Part XX of the Constitution, specifically in Article 368, which carefully describes how the country's most important legal text can be changed. The Indian Constitution, adopted in 1950, is a dynamic document designed to adapt to the evolving needs of society. To facilitate this adaptability, the Constitution provides a detailed procedure for its amendment, ensuring that changes are made thoughtfully and with due consideration. Understanding Constitutional Amen...