Students must practice these AP Inter 2nd Year Civics Important Questions 3rd Lesson The Union Executive to boost their exam preparation.
AP Inter 2nd Year Civics Important Questions 3rd Lesson The Union Executive
Long Answer Questions
Question 1.
Explain the powers and functions of the President of India. [May-2017]
Answer:
Introduction: Article 52 of our constitution created the office of the President of India. He is the Constitutional head of the nation. He is the first citizen of India. All the executive powers are formally vested in the hands of the President. However, in reality, the President exercises these powers on the advice of the Union Council of Ministers headed by the Prime Minister.
Powers and functions of the President of India:
The President excercises the following powers and functions. They are:
1) Executive Powers: According to Article 53, The President enjoys all executive powers of the Union government. The President of India is competent to appoint the following high dignitaries, committees and commissions of the union government.
- The Prime Minister of India.
- Members of the Union Council of Ministers.
- The Attorney General of India.
- The Comptroller and Auditor General of India.
- The Judges of the Supreme Court.
- The Judges of the High Courts.
- State Governors, Lieutenant Governors and Administrators of Union Territories.
- The Chief Election Commissioner and other Election Commissioners and
- Chairman and other members of
- Union Public Service Commission
- The Finance Commission
- Official Language Commission
- Backward Class Commission
2) Legislative Powers:
According to Article 79, the President is an integral part of the Parliament. He summons, prorogues the meetings of the Parliament and dissolves the Lok Sabha. He inaugurates the first session and annual session of the Parliament. He conveys his views in the form of messages to both the Houses of the Parliament. He nominates two Anglo- Indian members to the Lok Sabha and twelve members to the Rajya Sabha. He convenes a joint sitting of the two Houses in case of a dead lock between them on a Bill. He summons a special session of the Parliament during the visit of foreign dignitaries. He may issue ordinances when the Parliament is not in session.
3) Financial Powers:
The President ensures that the Annual financial Statement (budget) of the Union Government is laid before the Parliament. No money Bill can be introduced in the Parliament without his consent. He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure. He determines the share of the States in the proceeds of income tax. He appoints the Chairman and members of the Finance Commission for every five years. He sees that the reports of the Finance Commission and Comptroller and Auditor General of India are placed before the Parliament.
4) Judicial Powers:
The President shall exercise the Judicial powers on the advice of the Union Government. Exercise of these powers by the President is not open to Judicial Review, except to the limited extent. The court can interfere only where the Presidential decision is wholly irrelevant to the object of Article 72.
The Judicial powers of the President are as follows:
- He appoints the Chief Justice and other Judges of Supreme Court and High courts.
- He can seek advice from the Supreme Court on any question of law or fact. But, the advice given by the Supreme Court is not binding on the President.
- He can grant pardon, reprieve, respite, remission of punishment and commute of any offence.
5) Military powers:
The President of India is the supreme commander of the defence forces (Army, Navy and Air Force) of our country. In that capacity he appoints Chiefs of the Army, the Navy and the Air Force. He can declare war or conclude peace subject to the approval of the Parliament.
6) Diplomatic powers:
The President appoints the Ambassadors and other diplomatic personnel abroad. He receives the credentials of Ambassadors of other states appointed in India. He represents the Nation in international forms. International treaties and agreements are negotiated and concluded on behalf of the President. However, they are subject to the approval of the Parliament.
Question 2.
Write briefly the emergency powers of the President of India. [Mar.-’19,’18]
Answer:
Introduction: The Indian Constitution confers certain extraordinary powers, in addition to the normal powers on the President of India in the form of Emergency powers.
Emergency powers of the President of India:
The emergency powers of the Indian President are classified into three kinds. Those are – i) National Emergency (Article 352), ii) Constitutional Emergency or President’s rule (Article 356), iii) Financial Emergency (Article 360).
1) National Emergency (Article 352);
The President exercises this power during the period of war, external aggression or armed rebellion. He declares Emergency if he is satisfied that the sovereignty and security of India or any part thereof is threatened by external aggression. The 44th Constitutional Amendment Act, 1978 made it clear that the President shall act only on the written advice of the Union Council of Ministers headed by the Prime Minister. The Parliament shall approve the proclamation of Emergency by a majority of votes not less than 2/3rd members present and voting in each House within a month. Otherwise, the President’s proclamation ceases to operate.
Effects of National Emergency:
The most significant effect is that the Federal form of the Constitution changes into Unitary. The authority of the Union Government increases and Parliament assumes the power to make laws for the entire country or any part thereof, even in respect of subjects mentioned in the State list.
The Fundamental Rights except Article 20 and 21 are automatically suspended.
2) Constitutional Emergency (Article 356):
Article 356 of Indian Constitution empowers the President to proclaim the Constitutional Emergency. If the President is satisfied on the basis of the report of the Governor of the concerned State or from other source that the Governance in a State cannot be carried out according to the provisions in the Constitution, he can declare a State of Emergency in the State. It is also called as the President’s rule.
Effects of the Constitutional Emergency:
The following changes shall takes place during the period of Constitutional Emergency.
- The President may himself exercise all or any of the functions of the State government. He may entrust all or any of those functions to the Governor or to any executive authority.
- The President may declare that the powers of the State Legislature shall be exercised by the Parliament.
3) Financial Emergency (Article 360):
Under Article 360 of the Constitution, President can proclaim Financial Emergency when the financial stability or credit of the nation or of any part of its territory is threatened. Such an Emergency must be approved by the Parliament within two months by simple majority. So far this type of Emergency has not been proclaimed in our country. During the Financial Emergency, the President can reduce the salaries of all government officials, including Judges of the Supreme Court and High Court. All money bills passed by the State Legislatures should be submitted to the President’s for approval. He can direct the States to observe certain economy measures relating to financial matters.
Question 3.
Discuss the powers and functions of the Prime Minister of India. [March 2018,’16; May ’16]
Answer:
Introduction: The Prime Minister is the head of the Union Government. He is the real executive. The Council of Ministers cannot exist with out the Prime Minister. Jawaharlal Nehru describes the Prime Ministership as ‘the Linch pin of the Government’.
Powers and functions of the Prime Minister: The powers and functions of the Prime Minister may be explained as follows:
1) Leader of the Union Cabinet:
The Prime Minister is the leader of the Union cabinet and Union Council of Ministers. He selects some eminent members of his party or coalition members in Parliament and see that they are appointed as Ministers by the President. He has a free choice of both allocating portfolios and reshuffling the Ministry.
2) Leader of the Union Government:
The Prime Minister acts as the leader of the Union Government. The Union Executive (Union Council of Ministers) initiates its business after the swearing in ceremony of the Prime Minister. All the Ministers in the union ministry assume their office, owe their position and exercise their powers along with the Prime Minister.
3) Leader of the Parliament:
The Prime Minister acts as the leader of the Parliament. He is primarily a member of Parliament and extends cooperation to the presiding officers in the smooth conduct of the both houses.
4) Link between the President and the Council of Ministers:
The Prime Minister acts as the main link between the President and the Union Council of Ministers. It is his duty to communicate to the President about the decisions of the Union Council of Ministers. He furnishes every information required by the President concerning the affairs of Union Government.
5) Leader of the majority party:
The Prime Minister acts as the leader of the majority party or group in the Lower House of Parliament. He participates in the meetings of the party and acquaints his party members on various issues and steps taken by his ministry in implementing the party promises.
6) Leader of the Nation:
The Prime Minister acts as the leader of the nation. Being the leader of the Lok Sabha and that the Lok Sabha represents public opinion, his views are treated as the views of the Nation as a whole. His statements in and outside of the Parliament are of great significance.
7) Determines the foreign policy:
The Prime Minister always plays a key role in determining the foreign policy of the country and India’s relation with other countries. He is mainly responsible for country’s prestige and participation in international relations. He represents the country in all important international conferences.
8) Chairman of NITI Aayog:
The Prime Minister heads the NITI Aayog (National Institution for Transforming India). NITI Aayog means policy commission. It is a policy think tank of Government of India that replaces planning commission which aims to involve the states in economic policy making in India. Union Government set up the NITI Aayog on 1st January 2015.
Question 4.
Explain the composition, powers and functions of the Union Council of Ministers.
Answer:
Composition of the Union Council of Ministers:
The Union Council of Ministers consist of three categories of ministers, namely:
- Cabinet Ministers.
- Ministers of State (Independent charge)
- Deputy Ministers (Ministers of State without independent charge)
i) Cabinet Ministers:
The Cabinet Ministers act as the heads of important Ministers like Home Affairs, Finance, Defence, Railways, Foreign Affairs, Human Resource Development, Information Technology, Urban Development, Civil Aviation, Mines and Steel, etc. in the Union Government.
ii) Ministers of State (Independent charge):
The Ministers of State with independent charge hold some portfolios in the Union Executive with direct answerability to the Prime Minister. They do not have Cabinet Ministers superior to them in the Ministry. Minister of State with independent charge has power to take decision in the Ministry independently and report directly to the Prime Minister.
iii) Deputy Ministers (Ministers of State without Independent charge):
The Ministers of State without independent charge also called as Deputy Ministers or Minister of State. These ministers assist the Cabinet Ministers in the administrative and legislative affairs of the Union Government. They do not possess authority of decision making.
Powers and functions of the Union Council of Ministers:
The Union Council of Ministers performs the following functions.
- The Union Cabinet formulates the policies of the Union Government. It finalizes the domestic as well as foreign policies of the nation after having serious deliberations.
- It renders advice to the President on all matters of the Union Government. It guides the President in the exercise of his functions.
- When Parliament is not in session and when there is an imminent necessity to enact a law, the Union Cabinet on apprising the situation to the President, causes the issue of ordinances.
- In formulates the annual budget proceeded by hectic discussions at various levels and finally at national level and introduces the same in the Parliament on the advice of the President.
- It takes decisions for rescuing the people affected during natural calamities like earthquake, flood, famine, cyclone, etc.
- It pilots several bills in the Parliament at various stages and strives to secure the approval of the latter.
Short Answer Questions
Question 1.
How is the President of India elected?
Answer:
The President of India shall be elected indirectly by an electoral college consisting of the elected members of both Houses of the Union Parliament. State Legislative Assemblies and elected members of Delhi and Puducheri. The election is held in accordance with the system of proportional representation by means of a single transferable vote system and secret ballot. A candidate who secures the required quota of votes will be declared elected to the office of the President.
Question 2.
Write briefly about the procedure of impeachment of President.
Answer:
Impeachment Procedure:
The President can be removed from his office through impeachment on the grounds of violation of the Constitution.
There are four stages in the impeachment of the President.
Firstly, the impeachment resolution has to be moved within 14 days of prior notice in writing signed by not less than 1 /4th of the total members of that House. Such a resolution has to be passed by a majority of not less than 2/3rds of the total members of the House.
Secondly, the resolution approved by the first House will be sent to the second House for consideration and approval.
Thirdly, the second House investigates into the charges directly or constitutes a committee to enquire in to the charges. The President has the right to present his views directly or through a deputy during such enquiry.
Fourthly, if the charges against the President are accepted by 2/3rds majority of the total members of the second House, the President stands removed from the office. With regard to voting on the resolution for impeachment, only the elected members cast their voice.
No President has so far been impeached in our country till today.
Question 3.
Mention any two Emergency Powers of the Indian President.
Answer:
The two Emergency Powers of the Indian President may be explained as follows.
1) National Emergency (Article 352);
The President exercises this power during the period of war, external aggression or armed rebellion. He declares Emergency if he is satisfied that the sovereignty and security of India or any part thereof is threatened by external aggression. The 44th Constitutional Amendment Act, 1978 made it clear that the President shall act only on the written advice of the Union Council of Ministers headed by the Prime Minister. The Parliament shall approve the proclamation of Emergency by a majority of votes not less than 2/3rd members present and voting in each House within a month. Otherwise, the President’s proclamation ceases to operate.
Effects of National Emergency:
The most significant effect is that the Federal form of the Constitution changes into Unitary. The authority of the Union Government increases and Parliament assumes the power to make laws for the entire country or any part thereof, even in respect of subjects mentioned in the State list.
The Fundamental Rights except Article 20 and 21 are automatically suspended.
2) Constitutional Emergency (Article 356):
Article 356 of Indian Constitution empowers the President to proclaim the Constitutional Emergency. If the President is satisfied on the basis of the report of the Governor of the concerned State or from other source that the Governance in a State cannot be carried out according to the provisions in the Constitution, he can declare a State of Emergency in the State. It is also called as the President’s rule.
Effects of the Constitutional Emergency:
The following changes shall takes place during the period of Constitutional Emergency.
- The Presidency may himself exercise all or any of the functions of the State Government. He may entrust all or any of those functions to the Governor or to any executive authority.
- The President may declare that the powers of the State Legislature shall be exercised by the Parliament.
Question 4.
Explain the role and position of the President in Union government.
Answer:
The Role and position of the President in Union Government:
Eminent leaders like Jawaharlal Nehru, Dr. B.R. Ambedkar and others viewed that the Indian President is head of the State but not of executive, therefore, he is a figurative head of the State. On the other hand, prominent leaders like Rajendra Prasad, K.M. Munshi and others Stated that the President has some discretionary powers independent of the Union Council of Ministers. The supporters of Presidential powers argued that the President exercises independent powers as he assumes office by swearing that he will preserve, protect and defend the Constitution and the law and that he will devote himself to the service and wellbeing of the people of India.
It is true that the President exercise his discretionary, powers in the context of selecting and inviting the leader of the majority part or coalition in the House of People as Prime Minister for forming the government. The President’s power of either accepting or ignoring the Prime Minister’s advice for dissolving the House of People is unquestionable. Especially his role and position remains significant and strategic during political crises at national level.
Question 5.
Write about any two powers of the Vice-President of India.
Answer:
Two powers of the Vice-President of India may be explained as follows:
1) Ex-officio Chairman of the Rajya Sabha:
The Vice-President is the Ex-officio Chairman of the Rajya Sabha. He conducts the meetings of the Rajya Sabha with dignity, decency and decorum. He gives rulings in the meetings and allows the members to express their views on different bills and issues. He conducts voting on the bills and announces the results. He sends all those bills accepted by the Rajya Sabha to the Lok Sabha with his signature. He safeguards the privileges and amenities of the members of Rajya Sabha.
2) Acting as the President:
The Vice-President acts the President in the event of a vacancy by reason of death, resignation, removal or otherwise. The Vice-President acts as the President for a period of not exceeding six months. However, he exercises the powers of the President until the date on which the new President assumes the office. Similarly, the Vice-President shall discharge the functions of the President during the temporary absence of the President, illness or any other case by reason of which he is unable to discharge his functions.
Question 6.
How is the Prime Minister appointed?
Answer:
The Constitution simply lays down that ‘the Prime Minister shall be appointed by the President’. After the conduct of General Elections to the Lok Sabha, the President has to invite the majority party leader of the Lok Sabha to form the Government. When no single party is able to secure majority seats in Lok Sabha, the President invites the leader of a coalition to form the Government. The President uses his discretionary powers in this regard. The President appoints the leader of the coalition as the Prime Minister on the condition that he has to prove his majority in the Lok Sabha within a specified period. Besides being the leader of the majority in Lok Sabha, to be the Prime Minister, the person has to be a member of Parliament. If he is not a member at the time of appointment, he has to acquire it within six months from the date of his appointment as Prime Minister.
The powers of the President in choosing, inviting and appointing the Prime Minister cannot be questioned in any court of law.
Question 7.
Explain the role of the Prime Minister in Union Government.
Answer:
The role of the Prime Minister in Union government may be explained as follows:
The Prime Minister plays a predominant role in the affairs of the Union Government. He will have an indelible impression on everyone in the administration of Union Government. He is the head of the government and real executive authority. He performs many significant roles and functions in the Indian political system and exercises vast powers. His role as the leader of the Union Council of Ministers, leader of the majority party,.leader of the nation is unique. He enjoys enormous powers and fulfils innumerable tasks. It all depends on the image, influence, stature and personality of the Prime Minister. It is in this context that Sir William Harcourt remarked that “everyone expects from the Prime Minister dignity and authority, firmness to control, tact, impartial mind, a tolerant temper, a kind and prudent counsellorship and accessibility to the people”.
Question 8.
Describe the Composition and powers of the Union Council of Ministers.
Answer:
Composition:
The Union Council of Ministers consist of three categories of ministers, namely:
- Cabinet Ministers.
- Ministers of State (Independent charge)
- Deputy Ministers (Ministers of State without independent charge)
Powers and functions of the Union Council of Ministers:
The UnionCouncil of ministers per forms the following functions.
- The Union Cabinet formulates the policies of the Union Government. It finalizes the domestic as well as foreign policies of the nation after having serious deliberations.
- It renders advice to the President on all matters of the Union Government. It guides the President in the exercise of his functions.
- When Parliament is not in session and when there is an imminent necessity to enact a law, the Union Cabinet on apprising the situation to the President, causes the issue of ordinances.
- In formulates the annual budget proceeded by hectic discussions at various levels and finally at national level and introduces the same in the Parliament on the advice of the President.
Very Short Answer Questions
Question 1.
Composition of the Union Executive. [March-2019]
Answer:
The Constitution of India provides for the Union Executive. Articles 52 to 78 in part V of the Constitution deal with the Union Executive. The Union Executive consists of (i) The President, (ii) The Vice-President, (iii) The Prime Minister and (iv) The Union Council of Ministers.
Question 2.
Qualifications required for contesting as President of India. [May-2016]
Answer:
- He should be a citizen of India.
- He should have completed the age of 35 years.
- He should be qualified for election as a member of Lok Sabha and
- He should not hold any office of profit under the union or state government or local authorities.
Question 3.
Election of President.
Answer:
The President of India shall be elected indirectly by an ‘electoral college’ consisting of the elected members of both Houses of the Union Parliament, State Legislative Assemblies and elected members of Delhi and Puducheri. The election is held in accordance with the system of proportional representation by means of a single transferable vote system and secret ballot.
Question 4.
Important appointments of President.
Answer:
The President of India is competent to appoint the following high dignitaries. They are 1) The Prime Minister, 2) Members of the Union Council of Ministers, 3) The Attorney General of India, 4) The Comptroller and Auditor General, 5) The Judges of the Supreme Court and High Courts and 6) State Governors ad Lieutenant Governors for Union Territories, etc.
Question 5.
Judicial powers of the President.
Answer:
The President shall exercise the Judicial powers on the advice of the Union Government. He appoints Chief and other Judges of the Supreme Court and High Courts. He can grant Pardon, reprieve, respite, remission of punishment and commute of any offence. The only authority for pardoning a sentence of death is the President.
Question 6.
Article 352. [March 2018,’16]
Answer:
Article 352 empowers the President to declare National Emergency during the period of war, External aggression or Armed rebellion. During the declaration of National Emergency. The federal form of the Constitution changes into unitary. The Fundamental Rights except Articles 20 and 21 are automatically suspended.
Question 7.
Article 356. [May-2016]
Answer:
Article 356 of Indian Constitution empowers the President to proclaim the Constitutional Emergency or President’s rule. If the President is satisfied on the basis of the report of the Governor of the concerned state that the governance in that state cannot be carried out according to the Constitution, he can declare a state of emergency in that state.
Question 8.
Financial Emergency.
Answer:
Article 360 of the Indian Constitution empowers the President to proclaim Financial Emergency when the financial stability or credit of the nation or any part of its territory. During the proclamation of financial emergency, the President can reduce the salaries of all government officials.
Question 9.
National Emergency.
Answer:
National Emergency can be declared by the President during the period of war, external aggression or armed Rebellion. So far, the National Emergency was proclaimed on four occasions in our country. They are a) Chinese aggression (1962), b) Indo-Pak war (1965), c) Indo-Pak war in the context of Bangladesh Liberation Movement (1971), d) Opposition call for blocking parliament (1975).
Question 10.
Qualifications required for contesting as Vice-President. [March-2016]
Answer:
- He should be a Citizen of India.
- He should have completed 35 years of age.
- He should be qualified for election as a member of the Council of States.
- He should not hold any office of profit under the union, state or local governments in India.
Question 11.
Chariman of Rajya Sahha. [March 2017; May ’17]
Answer:
The Vice-President is the Ex-officio Chairman of the Rajya Sabha. He presides over the meetings of the Rajya Sabha. He conducts the meetings of the Rajya Sabha with dignity, decency and decorum. He conducts voting on the bills and announces the results.
Question 12.
Appointment of Prime Minister.
Answer:
The Constitution simply lays down that ‘the Prime Ministers shall be appointed by the President’. After the conduct of General elections to the Lok Sabha, The President has to invite the majority party leader of the Lok Sabha to form the government.
Question 13.
Categories of Union Council of Ministers. [Mar. ’19,’17; May ’17]
Answer:
The Union Council of Ministers consists of three categories of ministers, namely:
- Cabinet Ministers.
- Ministers of State (Independent charge)
- Deputy Ministers (Ministers of State without independent charge).
Question 14.
Any two functions of the Union Cabinet.
Answer:
- The Union Cabinet formulates the policies of the Union Government. It finalizes the domestic as well as foreign policies of the nation.
- It renders advice to the President on all matters of the Union Government. It guides the President in the exercise of his functions.
Question 15.
Collective Responsibility. [March-2018]
Answer:
Article 75 (3) of the Indian Constitution clearly stated that. The Council of Ministers shall be collectively responsible to the House of the people. The Union Council of Ministers work as a team, swim or sink together.