65-716: Rashtrapati Awards used to be given by the President of India , in some cases the Prime Minister of India , for achievements in the field of sports, art, military, literature, cinema, culture, science and technology, or Scouting . The award-giving ceremony was conducted in the Rashtrapati Bhavan , the President's official residence. The awards were a part of the Indian honours system . However, after gradual systematic categorizations over
130-573: A republic . The offices of monarch and governor-general were replaced by the new office of President of India, with Rajendra Prasad as its first incumbent. India retained its Commonwealth membership per the London Declaration , recognising The King as "the symbol of the free association of its independent member nations and as such the Head of the Commonwealth." The Indian constitution accords to
195-492: A Commonwealth statesman, was strongly opposed. In the South African context, with which Smuts was mainly concerned, republicanism was mainly identified with Afrikaner conservatism and with tighter racial segregation. The London conference - concerned mainly with India and to some degree with Ireland, which recently declared itself a republic - did not pay much attention for the implications for South Africa. India became
260-450: A maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment , as has happened in Punjab and Jammu and Kashmir . During such an emergency, the president can take over the entire work of the executive, and the governor administers the state in the name of
325-735: A period, the awards were made independent to the field of achievement. For example, from 1968 onwards, the Directorate of Film Festivals completely took over its charge as the governing body for National Film Awards India. Before 1968, the award in the field of best acting in Indian Cinema was given out as a Rashtrapati Award. Other examples are Rajiv Gandhi Khel Ratna for sports, National Bravery Award , Shanti Swarup Bhatnagar Prize for Science and Technology , Jnanpith Award for literature, "Maharishi Badrayan Vyas Samman" (a presidential honour for young scholars below age 40 who have worked to bridge
390-532: A republic in 1950 and remained in the Commonwealth. However, Ireland, which was in the same situation, having passed the Republic of Ireland Act 1948 , declared itself a republic on 18 April 1949, ten days before the declaration, and therefore quit the Commonwealth. The Governments of the United Kingdom, Canada, Australia, New Zealand, South Africa, India, Pakistan and Ceylon, whose countries are united as Members of
455-412: A simple majority. It has never been declared. A state of financial emergency remains in force indefinitely until revoked by the president. The president can reduce the salaries of all government officials, including judges of the supreme court and high courts , in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. They can direct
520-407: A vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. An election to fill a vacancy in the office of President occurring by reason of their death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill
585-465: Is bound by the provisions of the constitution notwithstanding any advice by the union cabinet. As per Article 142 , it is the duty of the president to enforce the decrees of the supreme court. 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
650-478: Is inconsistent with the constitution. Article 143 gives the president the power to consult the supreme court about the constitutional validity of an issue. The president shall assent to constitutional amendment bills without power to withhold the bills per Article 368 (2) . When either of the two Houses of the Parliament of India is not in session, and if the government feels the need for an immediate procedure,
715-602: Is not approved by the parliament or violates the constitution. Thus, it is believed that the POI is the de jure head of the state, whereas PM is the de facto head. 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
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#1732851953424780-459: Is not fully satisfied, on the basis of the report of the governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the constitution, they can proclaim under Article 356 a state of emergency in the state. Such an emergency must be approved by the parliament within a period of 2 months. Under Article 356 of the Indian constitution , it can be imposed from six months to
845-403: Is the common head of all independent constitutional entities. All their 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
910-455: Is the responsibility of the president to withdraw the ordinance as soon as the reasons for the promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and president, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action is inevitable when the extant provisions of
975-499: The Article 368 procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold their assent from it. The president can also withhold their assent to a bill when it is initially presented to them (rather than return it to parliament) thereby exercising a pocket veto on the advice of the prime minister or council of ministers per Article 74 if it
1040-607: The British Empire , after India's transition to a republican constitution. Drafted by the Indian statesman V. K. Krishna Menon , the declaration stated the agreement of the prime ministers to the continued membership of India in the organization after it becomes a republic. By that declaration, the Government of India had expressed its acceptance of the king as a symbol of the free association of its independent member nations and head of
1105-672: The Indian constitution , the president is empowered with the powers to grant pardons in the following situations: The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most cases, however, the president exercises their executive powers on the advice of the prime minister and the cabinet . 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. A national emergency can be declared in
1170-519: The Indo-Pakistani War of 1971 . The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President Fakhruddin Ali Ahmed , with Indira Gandhi as prime minister in 1975. In 1977, the second and the third emergencies were together revoked. If the president
1235-480: The advisory opinion of the supreme court per Article 143 . Per Article 88 , the president can ask the attorney general to attend the parliamentary proceedings and report to him any unlawful functioning if any. The president appoints as prime minister , the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The president then appoints
1300-443: The prime minister . Such a proclamation must be approved by the parliament with at least a two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration. In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However,
1365-461: The Bill, or that they withhold assent from it. As a third option, they can return a bill to parliament, if it is not a money bill , for reconsideration. President may be of the view that a particular bill passed under the legislative powers of parliament is violating the constitution, they can send back the bill with their recommendation to pass the bill under the constituent powers of parliament following
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#17328519534241430-694: The British Commonwealth of Nations and owe a common allegiance to the Crown, which is also the symbol of their free association, have considered the impending constitutional changes in India. The Government of India have informed the other Governments of the Commonwealth of the intention of the Indian people that under the new constitution which is about to be adopted India shall become a sovereign independent republic. The Government of India have however declared and affirmed India’s desire to continue her full membership of
1495-650: The British on 15 August 1947 , initially as a dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general . Following independence, the Constituent Assembly of India , under the leadership of B. R. Ambedkar , undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India
1560-410: The Commonwealth and therefore they join. At the same time, it is made perfectly clear that each country is completely free to go its own way; it may be that they may go, sometimes go so far as to break away from the Commonwealth...Otherwise, apart from breaking the evil parts of the association, it is better to keep a co-operative association going which may do good in this world rather than break it. At
1625-422: The Commonwealth of Nations and her acceptance of The King as the symbol of the free association of its independent member nations and as such the Head of the Commonwealth. The Governments of the other countries of the Commonwealth, the basis of whose membership of the Commonwealth is not hereby changed, accept and recognise India’s continuing membership in accordance with the terms of this declaration. Accordingly
1690-516: The Commonwealth of Nations and her acceptance of the King as the symbol of the free association of its independent member nations and as such the Head of the Commonwealth. This formula has since been deemed to be a sufficient precedent for all other countries. The issue had been discussed at the 1948 Prime Ministers Conference , the agenda of which was dominated by the imminent decisions of two states—India and Ireland —to declare themselves republics. At
1755-520: The Commonwealth, having met and liked Nehru, but was concerned with the practicalities. News of the agreement was hailed by all those of the opposition party in the British House of Commons , including Winston Churchill and Clement Davies . By contrast, Jan Smuts , who had been defeated by Malan in the South African general election the previous year and was considered second only to Churchill as
1820-519: The Commonwealth. The declaration dealt only with India, considered as an exceptional case, and it reaffirmed that the other members of the Commonwealth owed common allegiance to the Crown with an initial acceptance of the king as a head of the Commonwealth. However, it did establish a precedent that republicanism is compatible with membership in the organization. The declaration stated vis-à-vis India: The Government of India have ... declared and affirmed India's desire to continue her full membership of
1885-503: The Indian Union has no power to do so, so long as his Ministers command a majority in Parliament As per Article 53 , the executive power of the country is vested in the president and is exercised by the president either directly or through officers subordinate to him in accordance with the constitution. When parliament thinks fit it may accord additional executive powers to the president per Article 70 which may be further delegated by
1950-655: 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. The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of their oath (Article 60 of Indian constitution). The president
2015-475: The Presidential and Vice-Presidential Elections Act, 1952, a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for their name to appear on the ballot . Article 56(1) of the constitution provides that the president shall hold office for a term of five years, from the date on which they enter their office. According to Article 62, an election to fill
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2080-531: The Right to Life and Personal Liberty cannot be suspended ( Article 21 ). The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the president for approval. The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of parliament beyond six months after
2145-467: The Union government. However, the Union government can insist on compliance with its loan terms when a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India. Under article 360 of the constitution, the president can proclaim a financial emergency when
2210-458: The United Kingdom, Canada, Australia, New Zealand, South Africa, India, Pakistan and Ceylon hereby declare that they remain united as free and equal members of the Commonwealth of Nations, freely co-operating in the pursuit of peace, liberty and progress. The London Declaration marked the birth of the modern Commonwealth of Nations . After the death of King George VI in 1952, the Commonwealth governments recognised Queen Elizabeth II as "Head of
2275-522: The ancient and the modern especially using IT). President of India The president of India ( ISO : Bhārata kē Rāṣṭrapati ) is the head of state of the Republic of India . The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces . Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022. The office of president
2340-418: The chief justice. The President may dismiss a judge with a two-thirds vote of the two Houses of the parliament. The Indian government's chief legal adviser, Attorney-General for India , is appointed by the president of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, they can also ask for
2405-400: The composing of a republican constitution , Nehru declared in the assembly that: We join the Commonwealth obviously because we think it is beneficial to us and to certain causes in the world that we wish to advance. The other countries of the Commonwealth want us to remain there because they think it is beneficial to them. It is mutually understood that it is to the advantage of the nations in
2470-466: The constitution (Article 60), who has pre-emptive power for ensuring constitutionality in the actions of the executive or legislature. The role of the judiciary in upholding the Constitution of India is the second line of defence in nullifying any unconstitutional actions of the executive and legislative entities of the Indian Union. Under the draft constitution the President occupies the same position as
2535-461: The constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at
2600-405: The control of any of the said Governments. Certain office-holders, however, are permitted to stand as presidential candidates. These are: In the event that the vice president, a state governor or a minister is elected president, they are considered to have vacated their previous office on the date they begin serving as president. A member of parliament or a State Legislature can seek election to
2665-428: The court of law. 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. They can dissolve the Lok Sabha . The president inaugurates parliament by addressing it after
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2730-410: The end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president. Article 282 accords financial autonomy in spending the financial resources available with the states for public purposes. Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from
2795-457: The end of the declared emergency. National Emergency has been proclaimed 3 times in India to date. It was declared first in 1962 by President Sarvepalli Radhakrishnan , during the Sino-Indian War . This emergency lasted through the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of
2860-431: The financial stability or credit of the nation or any part of its territory is threatened. However, until now no guidelines defining the situation of financial emergency in the entire country or a state or union territory or a panchayat or a municipality or a corporation have been framed either by the finance commission or by the central government. Such an emergency must be approved by the parliament within two months by
2925-425: The general elections and also at the beginning of the first session every year per Article 87(1). The presidential address on these occasions is generally meant to outline the new policies of the government . All bills passed by the parliament can become laws only after receiving the assent of the president per Article 111 . After a bill is presented to them, the president shall declare either that they assent to
2990-419: The law are inadequate. Re-promulgation of an ordinance after failing to get approval within the stipulated time of both houses of parliament is an unconstitutional act by the president. The president should not incorporate any matter in an ordinance which violates the constitution or requires an amendment to the constitution. The president should take moral responsibility when an ordinance elapses automatically or
3055-474: The meeting, Indian Prime Minister Jawaharlal Nehru proposed a Ten Point Memorandum on the settlement between India and the Commonwealth. The Cabinet Committee on Commonwealth Relations recognised that Nehru's proposals could not constitute a basis for continued Commonwealth membership, and that a further conference would be required. On 16 May 1949, during the Constituent Assembly Debates for
3120-473: The next conference, in April 1949, Nehru, seeking above all to avoid two-tiered membership, conceded a more agreeable three-point programme, based upon common Commonwealth citizenship , a declaration of India's continued membership, and recognition of the monarch in a separate capacity than that as monarch. This met general agreement, particularly with the new South African Premier Daniel François Malan , and, during
3185-404: The next two days, the draft was crafted into a final agreement. To avoid criticism about eliminating the word British from the name of the Commonwealth, Nehru conceded a reference to the "British Commonwealth of Nations" in the opening paragraph of the document as an historically-appropriate reference. King George VI was reticently in favour of the separation of the titles of king and Head of
3250-429: The office of the president but if they are elected as president, they shall be deemed to have vacated their seat in parliament or State Legislature on the date on which they enter upon their office as President [Article 59(1)] . Article 57 provides that a person who holds, or who has held, office as president shall, subject to the other provisions of this constitution, be eligible for re-election to that office. Under
3315-591: The officers from the Indian Foreign Service . The president is the first citizen of the country. The president is the Supreme Commander of the Indian Armed Forces . Only 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. As mentioned in Article 72 of
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#17328519534243380-631: The other members of the Council of Ministers, distributing portfolios to them on the advice of the prime minister. The Council of Ministers remains in power at the 'pleasure' of the president. The president appoints 12 members of the Rajya Sabha from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. The president may nominate not more than two members of Anglo Indian community as Lok Sabha members per Article 331 , which
3445-454: The president as the upholder of the constitution shall be satisfied that immediate action is mandatory as advised by the union cabinet and they are confident that the government commands majority support in the parliament needed for the passing of the ordinance into an act and parliament can be summoned to deliberate on the passing of the ordinance as soon as possible. The promulgated ordinance is treated as an act of parliament when in force and it
3510-521: The president can exercise their powers directly or by subordinate authority, though all of the executive powers vested in the president are, in practice, exercised by the prime minister heading the Council of Ministers . The president is bound by the constitution to act on the advice of the council and to enforce the decrees passed by the Supreme Court under article 142. India achieved independence from
3575-401: The president can promulgate ordinances that have the same force and effect as an act passed by parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from the date the parliament is convened unless approved by it earlier. Under Article 123 ,
3640-430: The president the responsibility and authority to defend and protect the Constitution of India and its rule of law. Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after the president's assent. The president shall not accept any actions of the executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of
3705-474: The president to the governors of states per Article 160 . Union cabinet with prime minister as its head, should aid and advise the president in performing their functions. Per Article 74 (2) , the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing their duties. President or their subordinate officers
3770-461: The president. However, in practice, such negotiations are usually carried out by the prime minister along with their Cabinet (especially the Minister of External Affairs ). Also, such treaties are subject to the approval of the parliament. The president represents India in international forums and affairs where such a function is chiefly ceremonial. The president may also send and receive diplomats, i.e.
3835-552: The president. The Legislative Assembly can be dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). A State Emergency can be imposed via the following: This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if The Sarkaria Commission held that presidents have unconstitutionally misused
3900-450: The provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states. During 2005, President's rule was imposed in Bihar state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections. There is no provision in
3965-442: The state to observe certain principles (economy measures) relating to financial matters. Article 58 of the constitution sets the principal qualifications one must meet to be eligible to the office of the president. A president must be: A person shall not be eligible for election as president if they hold any office of profit under the Government of India or the Government of any State or any local or other authority subject to
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#17328519534244030-436: The vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which they enter their office. London Declaration The London Declaration was a declaration issued by the 1949 Commonwealth Prime Ministers' Conference on the issue of India's continued membership of the Commonwealth of Nations , an association of independent states formerly part of
4095-425: The whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 ( Indo-China war ), 1971 ( Indo-Pakistan war ), and 1975 to 1977 (declared by Indira Gandhi ). Under Article 352 of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by
4160-467: Was created when India became a republic on 26 January 1950 when its constitution came into force. The 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 by the citizens. Article 53 of the Constitution of India states that
4225-425: Was removed in 2019. Governors of states are also appointed by the president who shall work at the pleasure of the president. Per Article 156 , the president is empowered to dismiss a governor who has violated the constitution in their acts. The president is responsible for making a wide variety of appointments. These include: All international treaties and agreements are negotiated and concluded on behalf of
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