President|The President is the constitutional head of the country|Important Facts

                              Federal Executive

 President India (Article – 52):

The President is the first citizen of India, while the President’s wife is the first woman of India. The executive power of the Indian Union is vested in the President.  (Article – 53)

Parliamentary system has been adopted in India.  Therefore, the President is the nominal executive and the Prime Minister and his cabinet are the real executive.  Electoral College for Presidential Election: It consists of elected members of Rajya Sabha, Lok Sabha and state assemblies.  According to the latest system, members of Puducherry Assembly and Delhi Legislative Assembly have also been included.  (Article 54)

For a presidential candidate, the electorate consists of 50 member proposers and 50 members endorsers.  The same person can be elected to the presidency as many times as he wants.

The President is elected by the Proportional Representation System and the Single Transferable Vote System.  (Article – 55)

Disputes relating to the election of the President are settled by the Supreme Court.  If the election is declared illegal, the work done by it is not illegal.

 The President shall hold office for a period of five years from the date of his assuming office.  Even after the termination of his post, he will remain in the post until his successor assumes office.  (Article – 56)

Presidential Qualification: According to Article 58 of the Constitution, a person will be eligible to be President.

 1. Be a citizen of India.

 2. Have completed 35 years of age. 

3.  Be eligible to be elected a member of the Lok Sabha.

 4. Does not hold office of profit at the time of election.

Note: If a person is on the post of President or Vice President or is a member of the Council of Ministers of the Union or a State, then he will not be considered as a post of profit.

Before assuming office, the President has to take an oath on a prescribed form in front of the Chief Justice of India or the senior-most judge of the Supreme Court in his absence.  (Article – 60)

 The President can resign even before five years in the following circumstances –

 1. By his resignation address to the Vice President: This resignation will be addressed to the Vice President who will inform the Speaker of the Lok Sabha.

 2. Upon removal by impeachment: (Article 61) The only basis for impeachment is the violation of the constitution which is mentioned in Article – 61 (1).

Impeachment on the President (Article 61):

The President can be removed from office by a process of impeachment for ‘violation of the Constitution’. However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’. The impeachment charges can be initiated by either House of Parliament. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President. After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed. Thus, an impeachment is a quasi-judicial procedure in the Parliament. In this context, two things should be noted: (a) the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election; (b) the elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his election. No President has so far been impeached

Discharge of the functions of the President in other contingencies (Article 70):

When the post of President and Vice President is vacant, Article 70 provides for the discharge of the functions of the President in such contingencies.  Accordingly, Parliament can make provisions as it thinks fit.  For this purpose, Parliament has passed the Presidential Succession Act, 1969 which provides that if (the Vice-President is also not available for any reason) the Chief Justice of the Supreme Court or if he is not, the senior-most Judge of the same court as is available at the time will work President’s functions. 

President salary and allowances:

The President’s monthly salary is Rs.5, 00, 000.  The annual salary of the President is 60, 00, 000.

The President salary is exempt from income tax.  In the Indian constitution, the term President Achievements is described instead of President salary.  There can be no reduction in his salary and allowances during the tenure of the President.

The monthly pension of the President is 2, 50, 000 rupees.

The annual pension of the President is 30, 00, 000.  The President receives free residence and  other allowances approved by the Parliament.

 President Power

The powers and duties of the President are:

 1.  Appointment authority

The President appoints –

 1.  Prime Minister of India

 2. Other members of the Council of Ministers on the advice of the Prime Minister

 3. Chief Justice of the Supreme and High Courts

 4.  Comptroller and Auditor General of India

 5.  Governors of states

 6. Chief Election Commissioner and other Election Commissioners

 7.  Attorney General of India

 8.  Member of inter-state council

 9.  Chairman of Union Public Service Commission

 10.  Chief Commissioner of Union Territories.

 11.  Member of finance commission

 12.  Member of Language Commission

 13.  Members of backward classes commission

 14.  Member of Minority Commission

 15.  Appointment of Ambassadors and other diplomats of India

 16.  Members of the Commission who give reports regarding administration of scheduled areas etc.

 2. Legislative powers

 1. The President would be an integral part of the Parliament.  It has the following legislative powers – the right to invoke the Session of Parliament, prorogation and dissolution of the Lok Sabha (dissolution).

2. Power to address in one House of Parliament or both Houses together.  Power to address  

3. Parliament jointly at the beginning of the first session after each general election to the Lok Sabha and at the beginning of the first session of each year.

4. Bill passed by Parliament becomes law only after approval of President. 

5. Prior introduction of the President is necessary to introduce the following Bill in Parliament. (a) A bill related to the creation of new states and the changes in the boundaries or names of the existing states.

(b) Money Bills (Article 110)

(c) Bills related to be spent from Consolidated Fund [Article 117 (3)]

(d) Bills affecting taxation in which state interests are involved.  (Article 304)

(e) Bills prohibiting trade, commerce and commerce between states.  (Article – 304)

6. If there is any disagreement between the two houses on an ordinary bill, the President may call a joint sitting of both the Houses to resolve it.  (Article – 108)

 3. Right to nominate Members of Parliament

When the President finds that there is no proper representation of the members of the Anglo-Indian community in the Lok Sabha, he can nominate two persons from that community as members of the Lok Sabha.  (Article – 331)

Similarly, he can nominate 12 persons with sufficient experience and expertise in art literature, journalism, science and social work.  (Article – 80 (3)

4. Power to issue Ordinances

At the time of adjournment of Parliament (Article 123), it can issue ordinances, which have the same effect as an Act of Parliament.  Its effect lasts for six weeks after the commencement of the Parliament session.  But, on the subjects of the State List President cannot issue ordinance, when both the sessions are in the House, then the President does not have this power.

 5. Military power

The supreme power of the military forces is embedded in the President, but its use is regularized by law.

6. Political power

Any agreement or treaty with other countries is done in the name of the President.  The President appoints Indian Ambassadors to foreign countries and approves the appointment of Foreign Ambassadors to India.

7. Pardoning Power of President

Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the:

1. Punishment or sentence is for an offence against a Union Law;

2. Punishment or sentence is by a court martial (military court); and

3. Sentence is a sentence of death.

The pardoning power of the President is independent of the Judiciary; it is an executive power. But the President while exercising this power, does not sit as a court of appeal. The object of conferring this power on the President is two-fold: (a) to keep the door open for correcting any judicial errors in the operation of law; and, (b) to afford relief from a sentence, which the President regards as unduly harsh.

The pardoning power of the President includes the following:

1. Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.

2. Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.

3. Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.

4. Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.

5. Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.

8. President’s Emergency Powers:

The provision related to emergency is found under Articles 352 to 360 of Part-18 of the Indian Constitution.  In consultation with the Council of Ministers, the President can impose three types of emergencies –

(a) Article 352 - National emergency

(b) Article 356 - President's rule

(c) Article 360 ​​- Financial emergency

The President may consult the Supreme Court under Article 143 on any question of public importance, but he is not bound to accept this advice.

The President can exercise the Pocket veto due to the lack of a decision on whether to allow or not to allow a bill. Pocket Veto is used for, the Indian Post Office Amendment Bill passed by Parliament in 1986, on which the then President Giani Zail Singh did not take any decision.  Three years later, in 1989, the next President R.K.  Venkataraman sent this bill to the new National Front government for reconsideration, but the government decided to repeal it.   

President of India List

 1. Dr. Rajendra Prasad (26 .01 .1950 – 13 .05 .196)

 2. Dr. S. Radhakrishnan (3 .05 .1962 – 15 .05 .1967)

 3. Dr. Zakir Hussain (03 .05 .1987-03 .05 .1969)

 4. V. V. Giri (24.08.1969 – 24. 08. 1974)

 5. Fakhruddin Ali Ahamad 24 .08 .1974 – 11 .02 .1977)

 6. Neelam Sanjeev Reddy (25 .07. 1977 – 25 .07 .1982)

 7. Scientist Zail Singh (25 .07 .1982 – 25 .07 .1987)

 8. R. Venkataraman (25 .07 .1987 – 25 .07 .1992)

 9. Dr. Shankar Dayal Sharma (25 .07. 1992 – 25 .07 .1997)

 10. K. R.  Narayan (25 .07 .1997 – 25 .07 .2002)

 11. A.  P.  J.  Abdul Kalam (25 .07 .2002 – 25 .07 .2007)

 12. Pratibha Patil (25 .07 .2007 – 25 .07. 2012)

 13. Pranab Mukherjee (25 .07. 2012 – 25 .07. 2017)

 14.Ram Nath Kovind (25.07.2017 – Till Date)

Trick to Remember-RAJU ki RADHA JAKAR GIRI FAKRUDIN REDI ki ZAIL mein tab RAMA SHANKAR NARAYAN ki KALAM se PARTIBHA nikli PARNAB NATH ki

 Note:  V.V  Giri from 3 May 1969 to 20 July 1969, Justice Muhammad Hidayatullah from 20 July 1969 to 24 August 1969 and B.D. Jatti from 11 February 1977 to 25 July 1977 served as acting President

 Dr.  Rajendra Prasad was the first President of India.  He was elected President twice in a row.

 Dr.  S.Radhakrishnan was the Vice President twice and President once.

The second round of counting had to be done at the time of V.V. Giri’s election.

Only Neelam Sanjeeva Reddy became the President who once lost the election, then later elected unopposed.  The first woman President of India is Pratibha Devi Singh P

Official residence of heads of state of the major countries of the world

 1. Zhongnan, Beijing (China) – The President is the world’s most expensive official residence.  Price – 2.63 lakh crore

 2. Blue House – Seoul (South Korea) – President

 3. The Kremlin – Moscow (Russia) – ‘President

 4. Quirnil Palace Rome (Italy) – p.  M.

 5. Sori Daejin Kantei – Tokyo (Japan) – P.  M.

 6. Presidential Complex – Ankara (Turkey) – President

 7. Rashtrapati Bhavan – New Delhi (India) – Price – Rs. 3500 Crore.

 8. Moncloa Palace – Madrid (Spain) – P.  M.

 9. सीlysée Palace – Paris (France) – President

 10. White House – Washington D.  C.  (USA) – President

 Emergency provision: Three types of emergency arrangements have been made in the Indian constitution.

 1. National Emergency (Article – 352)

 2. President’s rule (Article 356)

 3. Financial Emergency (Article – 360)

National Emergency (Article – 352):  National Emergency declare by the President on any of the following basis – 1. War 2. External aggression 3. Armed Rebellion.National Emergency  declare by the President on written recommendation of Cabinet.  The National Emergency Proclamation can be questioned in court.

The 44th amendment can be proclaimed under Article 352 in whole or part of India.

The state government is not suspended during national emergency, but comes under full control of the executive of the union.

The declaration of emergency declared by the President remains in enforcement for one month and if it is approved by a two-thirds majority of the Parliament during this period, it remains in enforcement for six months.  Parliament can extend it again for six months at a time.

If a proclamation of emergency is made when the dissolution of the Lok Sabha has taken place or the dissolution of the Lok Sabha takes place within one month without approving the proclamation of the emergency, the proclamation of emergency shall be approved within 30 days from the date of the first sitting of the Lok Sabha otherwise it will not remain in operation after 30 days.  If the Lok Sabha passes a resolution to withdraw the Emergency Proclamation by a simple majority, the President has to withdraw the proclamation.

A special session of the Lok Sabha for consideration of an emergency proclamation can be called when written notice by 1/10 of the total members of the Lok Sabha is given to the Speaker while the session is going on.  And if the session is not going on then written information would have been given to the President.

The Speaker or President calls for a special session of the Lok Sabha within 14 days of receiving the information.

Effects of Proclamation of Emergency: Whenever there is a proclamation of Emergency under Article 352 of the Constitution, these effects are –

1. The executive power of the state becomes subject to the federal executive. 

2. The legislative power of Parliament extends to the subjects related to the state list.  That is, Parliament gets the right to make laws on the subjects mentioned in the State List.  Hence, the normal distribution of legislative powers between the Center and the states is suspended, although the state legislature is not suspended.  In short, the constitution becomes unitary instead of federal.  Laws enacted by Parliament on the subjects of the state during the Emergency remain in force for six months after the end of the Emergency.

 3. When the Proclamation of National Emergency comes into force, the President can modify the constitutional distribution of taxes between the Center and the States, which means that the President can reduce or eliminate the money (finance) given from the Center to the states.  Such amendments continue until the end of the financial year in which the emergency ends.

4. In the event of a national emergency, the term of the Lok Sabha can be extended by one year at a time (for any length of time) by legislation by Parliament beyond its normal term (5 years).  But this extension cannot be more than six months after the end of emergency.  For example, the term of the Fifth Lok Sabha (1971 – 77) was extended twice to one year at a time.

 5. Article – 358 and 359 describe the effect on the Fundamental Rights in national emergency.  Article-358 deals with the suspension of fundamental rights granted by Article-19, while Article-359 deals with the suspension of other fundamental rights (except rights granted by Articles 20 and 21).

According to Article 358, when the National Emergency is proclaimed, the six fundamental rights conferred by Article 19 are automatically suspended.  In other words, the state can legislate to reduce or abrogate the 6 fundamental rights provided by Article-19 or take an executive decision.  No such law or act can be challanged on the ground that it is a violation of the 6 fundamental rights provided by Article 19.  When the national emergency ends, Article 19 is automatically revived.

The 44th Amendment Act of 1978 has banned the possibility of Article 358 in two ways.  The six fundamental rights conferred by First Article – 19 can be suspended only on the basis of war or external aggression declared on emergency and not on the basis of armed rebellion.  Secondly, only those laws which are related to emergency cannot be challenged and the executive decisions given under such statutes also cannot be challenged.

Suspension of other Fundamental Rights:

Article 359 authorizes the President to suspend the right to life of the Court to enforce the Fundamental Rights in an emergency.  Therefore, under 359, the fundamental right, but not their enforcement, is suspended.  In real terms, these rights survive, only treatment is suspended under them.  This suspension relates to the same fundamental rights as those described in the Presidential Order.  When the presidential order remains in effect, the state can make any method or take executive action to stop and remove that fundamental right.  No such law or act can be challenged on the grounds that it does not fit with the fundamental right concerned.  Legislative and executive functions carried out under the influence of this method cannot be challenged after the expiry of the order.

 The 44th Constitutional Amendment Act 1978 imposes two restrictions in the area of ​​Article 359.  First, the President cannot suspend the right to go to court to enforce the rights given under Articles 20 and 21.  That is, the right to protection (Article 20) in relation to conviction for crime (Article 20) and the right to life and personal liberty (Article 21) remains effective even in an emergency.  Second, only those methods are protected from challenge.  Those related to the emergency, not the statutes and functions which are made under them.

 Difference between Articles 358 and 359:

 1. Article-358 deals with fundamental rights only under Article-19, while Article-359 deals with all fundamental rights which are suspended by order of the President.

 2. Article 358 automatically suspends the fundamental rights under Article 19 on declaration of emergency.  On the other hand, Article 359 does not automatically suspend the fundamental rights.  It empowers the President to enforce the suspension of Fundamental Rights. 

3. Article – 358 applies only to external emergency (when war is declared or emergency based on external aggression) and not at the time of internal emergency when emergency declared due to armed rebellion.  On the other hand Article 359 applies both in external and internal emergency.

 4. Article-358 suspends Article-19 for the entire period of emergency while Article-359 enforces the suspension of Fundamental Rights for the period mentioned by the President.  This period can be a full emergency period or short term.

 5. Article-358 may apply in the whole country and Article-359 may apply in the whole country or in a particular part. 

6. Article 358 fully suspends Article 19 while Article 359 does not implement the suspension of Articles 20 and 21.

 7. Article 358 of the State gives the right to make rules which do not conform to the fundamental rights under Article 19 whereas Article 359 only gives the right to do such acts in respect of those fundamental rights which are ordered by the President.

The first declaration of emergency was made on 26 October 1962, at the time of Chinese invasion, on the basis of external aggression under Article 352.  The proclamation was withdrawn on January 10, 1968.  The Emergency was declared for the second time on 3 December 1971 during the war with Pakistan.  (On an external attack basis)

 The declaration of National Emergency for the third time was issued on 26 June 1975 on the basis of the possibility of internal disturbances.  The second and third proclamations were withdrawn on 21 March 1977.

President’s Rule (Article-356): –

Under Article-356, if the constitutional system has failed in the state or the executive of the Union of the States is unable to comply with any instructions, then the emergency can announce by the President in that State.

After the proclamation of emergency in the state, the union leaves the judicial function and takes over the work of the state administration.

The duration of emergency proclamation in the state is two months, for which more than six months have to be obtained from the Parliament.  It can remain in the enforcement of a state for a maximum period of three years.  More than this, the Constitution has to be amended.

The initial period of President’s rule is 2 months.

Within 2 months of the proclamation of President’s rule, there should be a separate special majority (2/3) ratification by both houses of Parliament.

Without the approval of Parliament, President’s rule in the states can remain in force for 2 months.  The period of President’s rule can be extended more than 6 months only when the Election Commission certifies that free and fair elections are not possible in that state.

Article 356 was first used in the state of Punjab on June 20, 1951.  (The reason for the fall of Bhargava cabinet) Note: Article 356 was used for the longest time in the state of Jammu and Kashmir.  (19. 07. 1990 to 09. 10. 1996)

Financial Emergency (Article 360) :– A financial emergency is declared by the President under Article 360 ​​when he believes that a situation exists that threatens India’s financial stability or goodwill.  It is necessary to put the declaration of Financial Emergency in front of both the Houses of Parliament within two months and get their approval.

A financial emergency is declared at the time when the Lok Sabha is dissolved, the Financial Emergency will remain in force within 2 months after the approval of the Rajya Sabha.  But the newly elected Lok Sabha needs to approve the declaration within 30 days of its first sitting.

Its maximum time limit has not been set, that is, once it is approved by both the houses of Parliament, the financial emergency will remain in effect indefinitely until it is withdrawn.

The President may withdraw the declaration of financial emergency at any time.

Financial emergency effect:

1. Salaries of Supreme Court, High Court Judges and officers of Union and State Governments can be reduced.

2. The President can give instructions to any State Government from an economic point of view.

3. The President gets the right to instruct the State Governments that all the Finance Bills of the State should be introduced in the Legislative Assembly with its approval.

 Miscellaneous

 Few facts related to President

• Total -14
• First president – Dr. Rajendra Prasad
• 14^th president – Ram Nath Kovind
• Out of 14,1 Female had become president i.e. first female president – Pratibha Patil
• Out of 14 ,1 scientist had become president.

First & only Scientist president – APJ Abdul Kalam properly known as people’s president.

• President for Max. time – Rajendra Prasad (12years)
• President for Min. time – Jakir Hussain.
• CJI(Chief Justice of India) of supreme court to become president – Mohammad Hadiyatullah (acting President)
• 3 Person had become acting President.
• V.V.Giri (3 may 1969-20 may 1969)
• M.Hadiyatullah (20 July 1969 – 24 aug.1969)
• B.D. Jatti (11 feb.1977 – 25 July 1977)
• Acting President of India :-

Trick :-meri apse Hidayat hai ki Giri khakar BD na piye

1. Hidayat :- M.Hidayatullah
2. Giri :- V.V.Giri
3. BD :- B.D.Jatti
4. Out of 14,3 president were Muslims.
5. Zakir Hussain first Muslim president
6. Fakrudin Ali Ahmed
7. APJ Abdul Kalam
8. Out of 14, APJ Abdul Kalam was not related to any political party.
9. First Sikh President – Gaini Jail Singh
10. First Hindu President – Rajendra Prasad
11. First SC/BC president – K.R. Narayan
12. No president had been removed by impeachment yet.
13. Rajendra Prasad was the only one to take oath 3 times.
14. Second SC/BC president – Ram Nath Kovind
15. Two died on its post – Jakir Hussain, Fakrudin Ali Ahmed.
16. Few facts about Vice President :-
17. Total -13
18. 1^st -S. Radhakrishnan
19. 13^th – Vanakaih Naidu
20. Max. time (president)- S. Radhakrishna, M. Hamid Ansari
21. Out of 13 ,3 had become by full majority
22. S. Radhakrishnan
23. M.Hadiyatullah
24. Shankar Dyal Sharma
25. No Sikh had become Vice President
26. No female had become Vice President.
27. First SC/BC Vice-president – K.R. Narayan
28. No scientist had become Vice President
29. M.Hidyatullah was CJI to become Vice President
30. He was Vice President from 31 aug.1979 to 30 aug.84
31. Out of 13, one died on his post i.e. Krishan Kant.
32. Out of 14 PM, three died on their post.
33. J.L. Nehru 27 May 1964
34. L.B. Shastri 11 jan.1966
35. Indira Gandhi 31 Oct.1984
36. Till now ,6 people had become President and Vice President both :-

(this trick prime purpose is to remember the names in symmetrical order please don't find it hastily!)

1. Radha :- S.Radhakrishnan
2. Jakar :- Jakir Hussain
3. Giri:- V.V.Giri
4. Rama :- Rama Krishan Vanketraman
5. Shankar :- Shankar Dyal Sharma
6. Narayan :- K.R.Naryan
7. Out of 13,2 Vice President had become consecutively :-
8. S. Radhakrishan
9. M.Hamid Ansari
10. Out of 14 president,1 had become consecutively-Dr. Rajendra Prasad (1950-1962)
11. Out of 14 PM ,4 had become consecutively PM are :-
12. JL Nehru (3)
13. Indira Gandhi (2)
14. Atal Bihari Vajpayee (3)
15. Man Mohan Singh (2)
16. Powers of President :-
17. Two types
18. Normal power
19. Emergency power
20. Normal Power :- It is further divided into parts :-
21. Powers related to legislature to the president.
22. Powers related to executive to the president.
23. Powers related to judiciary to the president.
24. VETO power
25. Diplomatic power / Political powers
26. Military powers
27. Discretionary powers
28. VETO power is further divided :-
29. Absolute VETO
30. Suspension VETO
31. Pocket VETO

President uses these three VETO powers to pass any bill.

Example :- If president wants to send the bill for reconsideration then he uses Suspension VETO.

• If president denies to pass the bill then he uses Absolute VETO

To pass the bill, no time is fix for consideration the president.

• In pocket VETO neither passes the bill not denies the bill & neither send for reconsideration.
• Pocket VETO was used by Gaini Jail Singh.(1986)

For Post office amendment Bill

PM was Rajiv Gandhi

• In 1989 after 3 years R. Vanket Raman send post office amendment Bill for reconsideration to Vishvnath Partap Singh  Rashtriya Mukti Morcha &  Parliament cancelled the bill.
• If any party does not get clear majority in the Lok Sabha Election then the president can appoint with his/her intellectual discretion.
• If PM suddenly dies and the Ruling Govt.is not arriving on a decision to elect new PM then the president can choose any person from ruling govt. & make it PM by his intellectual discretion.
• If no confidence motion is passed against Ruling Govt.then president takes decision with his intellectual discretion & can dissolve LS.
• No Confidence Motion :-
• Not related to any article.
• NCM is presented in LS only not in RS.
• NCM can be brought only once in a session.
• The period b/w two NCM is not fixed.It depends on the period b/w session generally the duration is less than 6 months.
• Parliament :- 3 Session
• Budget (Feb.-May)
• Monsoon (July – Sept.)
• Winter ( Nov.- Dec)
• There must not be gap more than 6 months.
• Powers of president related to Judiciary :-
• Acc. to A-143 president can take advice from the judges of supreme court.
• To give advice to President, minimum 5 judge must be present.1 CGI + 4 Others
• In Supreme Court for any session 3 judge must be present.1 CGI + 2 Others
• For the hearing of appealed case,3 judge must be present.
• Adhoc judge means if in Supreme Court to organise or continue any session the Quorum is not satisfied then CGI of SC by taking permission from president can request judge of H.C. to work in the SC.
• Contempt of Court :- Acc. to A- 129& A-215 any person can be punished for not following the order of court.Acc.to this provision any person who does not follow will be imprisoned for 6 months & fine of RS.2000 formed in 1971.
• Defamation :-
• If any person presents other person as a object of hate, fun or insult then defamation case will be filled against him on hurt the self respect of a person.
• Acc. To A-19(2) to stop the defamation, the independence of speaking can be prohibited.
• Acc. to A -19 (a) everyone have freedom to speak.
• Impeachment :-

It is the process by which a legislative body formally level charges against a high official of government.

• Till now, in the Supreme court of India, impeachment motion was proposed to a judge B Rama Swami (1991)
• Impeachment was imposed against him but it could not be passed.
• B. Rama Swami was judge from 1989-1994
• Impeachment was imposed against High Court judge Soumitra Sen in 1993.

He was judge in Kolkata High court that at time. He resigned before the passing of impeachment.

• CS Karnan :-
• Supreme court took action against judge Chinna Swami Swaminarayan Karnan of HC of Allahabad on 12 Feb.,2017.
• C.S. Karnan blamed on judges of SC & HC by sending a written letter to PM
• Then Chief justice judge of SC -Jagdish Singh Khehar .
• Few other judges with CJI filled defamation case against C.S. Karnan. The summon was sent to C.S.Karnan to appear in SC .After sending many summons he didn’t appear in the court then contempt of court was filled against him & arresting Warrent was issued.
• He ran away due to the fear of being arrested but after few days he was caught & sent to Jail.
• Few facts about president :-
• In the Constitution of India, the discriminative powers of president is not related to any Article.But the description of discriminative powers of governor is given in Constitution.
• Any person who had been punished/sentenced for more than 2 years in any crime, then the person not contest election for 5 years after being free.
• Based on the powers & functions, cabinet & council of ministers are not different.
• In Constitution of India, Cabinet has mentioned once. Article-352(3) Added by 44^th amendment (1978)
• For the amendment of Constitution the public opinion is not allowed.
• Mention of PM Word in Constitution  – 4 times

       Article-74

       Article-75

       Article-78

       Article-352

• Advisor of president -PM
• Advisor of Governor – CM
• Whether the PM had advised president or not, it can’t investigated anywhere & in any court. But the basis of advice can be investigated in the court.
• Total 115 times president rule has been imposed.
• First time president rule in India –

20 June 1951 in Punjab

Duration -20 June 1951-17 April 1952

• In Haryana, president rule has been imposed 3times.
• 2 nov.1967- 22 May 1968
• 30 April 1977- 21 June 1977
• 6 April 1991 -23 July 1991

In Punjab, president rule has been imposed 8 times 1951-1952,1966,1968-1969,1971-1972,1977,1980,1983-1985,11 June 1987- 25 feb.1992.

Important Facts you must know:

• President rule for longest time -19 July 1990
• In J & k -19 Oct., 1996
• Maximum time President rule imposed on U.P.
• Maximum time President rule was imposed during the time of PM Indira Gandhi.

48 times =32+16 (1980-1984)

• Description of President rule during the duration of PM (1951-T.D)
• J.L. Nehru -7
• Lal Bahadur Shastri -1
• Indira Gandhi – 48, (32+16)
• Rajiv Gandhi -6
• Morarji Desai, Ch. Charan Singh -16
• Vishwansth Pratap Singh, Chander Shekhar -6
• PV Harshika Rao -11
• HD Dev Goda -2
• Attal Bihari Vajpayee-2
• Manmohan Singh -8
• Narendra Modi -8

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