Working of Institutions Test - 14

The election process is based on the concept of Electoral College and the value of vote of MPs & MLAs is different. The President of India is not directly elected by people. He is elected directly by the representatives of the people (i.e., Members of Parliament –MPs & Members of Legislative Assemblies – MLAs).

India follows a parliamentary system in which the prime minister is the presiding, actual head of the government and chief of the executive branch. In such systems, the head of state or the head of state's official representative usually holds a purely ceremonial position.

The Prime Minister shall become a member of parliament within six months of beginning his/her tenure, if he/she is not a member already. He/She is expected to work with other central ministers to ensure the passage of bills by the Parliament.

Legislature of the Union, which is called Parliament, consists of the President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).

After every 5 years, the President appoints a Finance Commission comprising a Chairman and four other members. The Commission makes recommendations to the President on financial matters. 

The Governor holds office during the pleasure of the President. The President can remove the Governor before the expiry of his term or can extend his term for another five years. The Governor can resign from his post but no impeachment proceedings against him are contemplated in the Constitution. 

Article 356 deals with Constitutional emergency. This situation arises when a situation in a state reaches to a place, that it can no longer rule according to the provisions of the constitution. The duration of such an emergency is two months. If it were to continue beyond two months, it should be ratified by the Parliament. The proclamation will cease to be valid for six months after the date of issue even if the Parliament ratifies it. It can, however, be extended for another 6 months. 

Planning Commission was established on 15 March 1950. As a formal model of planning which was adopted after independence. Planning Commission directly report to the Prime Minister as he/ she is the chairman of planning commission.

Judicial powers of president include

• Pardon: Complete elimination of the sentence.
  
• Reprieve: Temporary suspension of sentence.
  
• Respite: awarding less sentence.
  
• Remission: Reducing amount of sentence.
  
• Commutation: Changing one punishment to another.
  

Under Article 32 of Constitution of India, the Supreme Court works as the protector and guardian of Fundamental Right. Supreme Court comes to the rescue of Fundamental Rights if:-

• Executive violates
• Legislature violates
• An individual violates

The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by "war or external aggression or armed rebellion".

He cannot declare an emergency in case of political crisis. Provisions for national emergency are mentioned in the article 352. So far national emergency has been declared three times in India.

• Between 26 October 1962 to 10 January 1968 during the Indo-China war.
  
• Between 3 December 1971 to 21 March 1977 during the Indo-Pakistan war.
  
• Between 25 June 1975 to 21 March 1977 under controversial circumstances of political instability under Indira Gandhi's reign.