शुक्रवार, 25 जून 2021

Who is more powerful in India, the Prime Minister or the President?

 

Who is more powerful in India, the Prime Minister or the President?

The president - Most Powerful (He can He can dissolve the Lok Sabha.)

President is indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies of each of India's states and territories, who themselves are all directly elected.

The duties of President under his oath is to protect, defend and preserve the constitution and the law

Powers and duties

Under the draft constitution the President occupies the same position as the King under the English Constitution. He is the head of the state but not of the Executive. He represents the Nation but does not rule the Nation. He is the symbol of the Nation. His place in the administration is that of a ceremonial device on a seal by which the nation's decisions are made known.

Duty

The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution).The president is the common head of all independent constitutional entities. All his actions, recommendations (Article 3, Article 111, Article 274, etc.) and supervisory powers (Article 74(2), Article 78C, Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used in accordance to uphold the constitution. There is no bar on the actions of the president to contest in the court of law

Legislative powers

Legislative power is constitutionally vested in the Parliament of India of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses (Lok Sabha and Rajya Sabha) of the parliament and prorogues them. He can dissolve the Lok Sabha.[

Executive powers

The President of the Indian Union will be generally bound by the advice of his Ministers. ... He can do nothing contrary to their advice nor can do anything without their advice. The President of the United States can dismiss any Secretary at any time. The President of the Indian Union has no power to do so long as his Ministers command a majority in Parliament

Judicial powers

The primary duty of the president is to preserve, protect and defend the constitution and the law of India per Article 60. The president appoints the Chief Justice of India and other judges on the advice of the chief justice. He dismisses the judges if and only if the two Houses of the parliament pass resolutions to that effect by a two-thirds majority of the members present.

Financial powers

A money bill can be introduced in the parliament only with the president's recommendation.

The president lays the Annual Financial Statement, i.e. the Union budget, before the parliament.

The president can take advances out of the Contingency Fund of India to meet unforeseen expenses.

The president constitutes a Finance Commission every five years to recommend the distribution of the taxes between the centre and the States. The most recent was constituted in 2017

Emergency powers

The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123

Military powers

The president is the Supreme Commander of the Indian Armed Forces. The president can declare war or conclude peace,on the advice of the Union Council of Ministers headed by the prime minister. All important treaties and contracts are made in the president's name

The prime minister is the senior-most member of cabinet in the executive of government in a parliamentary system. The prime minister selects and can dismiss members of the cabinet; allocates posts to members within the government; and is the presiding member and chairperson of the cabinet.

The powers and functions of the Prime Minister are: The Prime Minister appoints the cabinet ministers. He may change their portfolios or can ask any of the ministers to resign. He presides over the meetings of the Cabinet and coordinates the work of various departments.

The Prime Minister chairs the meetings of the Cabinet. He coordinates the working of different departments. In case of any disagreement between two or more departments, the decision of the Prime Minister is final. The Prime Minister supervises the functions of various ministries.

The Prime Minister determines the general direction of Government's activities and ensures coordinated and purposeful work of the Cabinet of Ministers. The Prime Minister leads the work of the Cabinet of Ministers and is responsible before the Saeima

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