Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

CONSTITUTION OF INDIA EXPLAINED

The Constitution of India forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

PART V: UNION EXECUTIVE

Article 52

• There shall be a President of India

Article 53 — Executive power of Union

• Executive power of Union shall vest in President
  • to be exercised by him directly or through subordinate officers
  • to be exercised in accordance with this Constitution
• Supreme command of defence forces shall vest in President

Article 54 — Election of President

• Electoral college for election of President consists of
  • Elected members of both Houses of Parliament
  • Elected members of State Legislative Assemblies
    • including Delhi and Puducherry

Article 55 — Manner of Election

• Number of votes of MLA of a State = Population of State / total number of elected MLAs
  • Further divided by 1000
• Number of votes of every MP = Total number of votes of all MLAs / total number of elected MPs
• ‘Population’ in this Article means
  • Population as per 1971 census
• Population remains frozen at this level
  • till a census beyond 2026

Article 56 — Term of Office

Normal term

• 5 years from the date of entering office

Shorter term

• Removal by impeachment
• Resignation
  • to be addressed to Vice-President
  • Vice-President will communicate it to Speaker of Lok Sabha

Article 57 — Eligibility for re-election

• Re-election is possible any number of times

Article 58 — Qualifications

• Should be a citizen of India
• Should be at least 35 years of age
• Should be qualified to be elected to Lok Sabha
• Should not hold any office of profit under govt or any authority under govt control
• Following offices are not considered as ‘office of profit’:
  • President
  • Vice President
  • Governor
  • Union Minister
  • Minister of a State

Article 59 — Conditions of President’s office

• Shall not be an MP or MLA
• Shall not hold any other office of profit
• Shall be entitled to rent free official residence
• Shall be entitled to such emoluments and allowances as determined by Parliament

Article 60 — Oath of office

• Oath or affirmation
  • in presence of Chief Justice of India

Content

• “To preserve, protect and defend the Constitution and the law”
• “To be in the service and well-being of the people of India”

Article 61 — Impeachment

Ground:

• Violation of Constitution

Procedure:

Step 1: Preferring of charge

• By either House of Parliament
• A 14-days prior notice signed by not less than ¼th members to be given
• Charge is preferred by passing a resolution
  • with a special majority of not less than two-thirds of the total membership of the House

Step 2: Investigation of charge

• By the other House, to be called the Investigating House
• President has a right to appear and to be represented during investigation
• If the investigating House passes a resolution
  • by the same special majority sustaining the charge
• the President stands removed

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Article 62 — Time of holding election

• Election for President to be held
  • before expiration of the 5-year term
• In case of death, resignation or removal
  • election to be held within 6 months

Article 63 — Vice-President of India

• There shall be a Vice-President of India

Article 64 — Functions of Vice-President

• Vice-President is ex-officio Chairman of Council of States
  • except when acting as President
• Vice-President shall not hold any other office of profit

Article 65 — Vice-President to act as President

• Vice-President to act as President
  • in case of President’s death, resignation or removal
• Vice-President to discharge functions of President
  • in case of President’s inability to do so due to absence, illness etc.
• In this period
  • Vice-President to have all powers, immunities and emoluments of President

Article 66 — Election of Vice-President

• Electoral college for election of Vice-President consists of
  • All members of both Houses of Parliament

Qualifications of Vice-President

• Should be a Citizen of India
• Should be at least 35 years of age
• Should be qualified to be elected to RS
• Should not hold any office of profit under govt or any authority under govt control
• ‘Office of profit’
  • to have the same meaning as in the case of President

Article 67 — Term of Office of Vice-President

Normal Term

• 5 years

Removal

• By a resolution of Rajya Sabha
  • passed by a majority of all the then members of RS and
• agreed by Lok Sabha
  • by simple majority

Article 68 — Time of holding election of Vice-President

• Election to be held
  • before the expiration of the 5-year term
• In case of death, resignation or removal
  • election to be held as soon as possible

Article 69 — Oath of office

• Oath or affirmation
  • before the President

Content

• “Allegiance to the Constitution as by law established”

Article 70 — Other contingencies

• Parliament may make provision
  • for discharge of functions of President
  • in any contingency not provided for

Article 71 — Election disputes

• Disputes relating to election of President and Vice-President
  • to be inquired into and decided by the Supreme Court
• Supreme Court decision to be final

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