GK Questions

Article 75(4) and Third Schedule: Ministers take oath before President. Oath includes: (a) bear true faith to Constitution, (b) uphold sovereignty and integrity of India, (c) faithfully discharge duties, (d) not disclose confidential information. This formalizes constitutional commitment and confidentiality obligation.

Article 78(b): It is duty of PM to furnish such information relating to administration of Union affairs and proposals for legislation as the President may call for. This ensures nominal executive (President) stays informed, though real executive (PM/Council) governs. Reinforces cooperative federalism within Union executive.

Article 65: If President's office falls vacant due to death, resignation, removal, or otherwise, Vice President discharges functions. If VP office is also vacant, Chief Justice of India (or senior-most SC judge) acts as President. Election to fill vacancy must be held within 6 months.

Article 111: President has three veto types: (a) Absolute veto - withholding assent, (b) Suspensive veto - returning bill (except Money Bills), (c) Pocket veto - taking no action indefinitely. Pocket veto was used in 1986 for Indian Post Office (Amendment) Bill. This passive power checks hasty legislation.

Constitution recognizes only two categories under Article 75: Cabinet Ministers and other Ministers (Ministers of State). 'Deputy Ministers' were abolished in 1952. Ministers of State may have independent charge or assist Cabinet Ministers. Only Cabinet Ministers attend Cabinet meetings, ensuring focused decision-making.

PM is ex-officio Chairman of NITI Aayog (replaced Planning Commission in 2015), Cabinet Committees, Nuclear Command Authority, and other key bodies. This centralizes policy coordination and strategic decision-making under PM's leadership, reflecting PM's primacy in Union executive.

Article 361: President (and Governors) enjoy immunity: (a) no criminal proceedings during term, (b) no arrest/imprisonment, (c) civil proceedings allowed with 2-month notice. This ensures head of state can perform duties without harassment, but doesn't grant impunity post-tenure.

While Article 74(1) mandates President to act on Cabinet advice, Supreme Court in Shamsher Singh (1974) and subsequent cases recognized limited situational discretion: (a) appointing PM in hung parliament, (b) dismissing ministry losing majority, (c) dissolving Lok Sabha if no alternative government possible. These are 'constitutional necessities', not personal whims.

Article 76: President appoints Attorney General (AG) who must be qualified to be Supreme Court judge. AG is highest law officer, advises government, represents Union in courts, has right to speak in Parliament but no vote. AG holds office during President's pleasure and can be removed anytime.

Article 75(1A), inserted by 91st Amendment (2003): Council strength cannot exceed 15% of Lok Sabha strength (minimum 12 for small states). Also, defectors cannot be appointed ministers until re-elected or term ends. These curb horse-trading and excessive ministerial berths.

Article 75(2): Ministers hold office during pleasure of President. Since President acts on PM's advice (Article 74), this effectively means PM can dismiss any minister anytime. This ensures PM's authority over Council and enables reshuffles without constitutional amendment.

Article 75(3): Council of Ministers is collectively responsible to Lok Sabha. This means: (a) Ministry falls if Lok Sabha passes no-confidence motion, (b) Ministers defend government policies jointly, (c) Resignation of PM dissolves entire Council. This is cornerstone of parliamentary democracy.

Article 78(a): PM communicates to President all Council decisions on Union administration and legislative proposals. Article 78(b) requires PM to furnish information called for by President. Article 78(c) allows President to refer matters for Council consideration. These ensure coordination between nominal and real executive.

Article 75(1): President appoints PM, but Constitution doesn't mandate appointing majority leader. Convention dictates this, but in hung parliaments, President exercises discretion to appoint someone who can command majority support. This discretionary power was notably used in 1979, 1996, 1998, and 2014.

Article 67(b): VP can be removed by Rajya Sabha passing a resolution by majority of all then-members, and agreed to by Lok Sabha. No impeachment process needed; simple majority suffices. Notice of at least 14 days must be given. This reflects VP's primary association with Rajya Sabha.

Article 66: Vice President is elected by members of both Houses of Parliament (elected + nominated) via proportional representation by single transferable vote. Unlike Presidential election, State Legislative Assembly members do not participate. VP serves as ex-officio Chairman of Rajya Sabha (Article 64).

Article 72 grants President power to grant pardons, reprieves, respites, remissions, or suspend/remute sentences in three cases: (a) court-martial punishments, (b) offences against Union law, (c) death sentences. This is an executive check on judicial power, exercised on Cabinet advice.

44th Amendment (1978) made it mandatory for President to act on written Cabinet advice for all three Emergencies: National (Article 352), State/President's Rule (Article 356), and Financial (Article 360). This curbed potential misuse and reinforced collective responsibility.

Article 123: Presidential ordinances have same force as Acts of Parliament but must be laid before both Houses. They cease to operate at expiration of 6 weeks from reassembly of Parliament, or earlier if both Houses pass resolutions disapproving them. This balances executive urgency with legislative oversight.

Article 111: President can return ordinary bills for reconsideration, but Money Bills (Article 110) cannot be returned. President must either give assent or withhold assent to Money Bills. This ensures financial legislation proceeds without executive delay, respecting Lok Sabha's financial supremacy.