Working of Institutions Test - 26

The Prime Minister is bound to advise the President on the matters on which advice is sought. Article 74 of the Constitution provides that the Council of Minister and the Prime Minister will aid and advise the President who shall exercise his function in accordance with such advice. The President may require the Council of Ministers to reconsider the advice, and the President shall act in accordance with the advice tendered after such reconsideration. Prime Minister advises the President as regard to summoning and proroguing of the Parliament.

Impeachment of President means removal of the President from the office for violation of the Constitution. The impeachment process can be initiated by either House of the 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 it is passed by two-thirds majority of that house the resolution is sent for investigation to other House, where the President has the right to appear and to be represented at such investigation. (Article 61).He may appear personally or through legal Representative.

The judge of the Supreme Court can be removed from his office by the President on the recommendation of the Parliament. Removal motion is signed by 100 members in case of Lok Sabha and 50 members in case of Rajya Sabha and is to be given to the speaker/chairman if admitted a three-member committee is constituted by the speaker/ chairman to investigate into the charges. If the committee finds a judge to be guilty the house can take up the consideration of the motion and after the motion is passed by each house of Parliament by special majority the President passes an order removing the judge.

Regarding the language used in the Supreme Court and the High Court and for the Acts and Bills the provision is given under Article 348 wherein it prescribes English language.

The Prime Minister of India is the real executive head of the State. He is also the chief advisor to the President of India and Council of Ministers. The salary of Prime Minister is decided by the Parliament of India and it is revised from time to time as is provided under Article 75(6) of the Constitution.

The President is an Integral Part of the Parliament. The Parliament consists of the Lok Sabha, Rajya Sabha, and the President. He can address the Parliament at the beginning of the first session after each general year and first session of each year.

The office of Prime Minister is the most powerful office in India. He is the real custodian of all executive authority. He is the Head of the Government. The Prime Minister holds office during the pleasure of the President but in reality, he stays in office as long as he enjoys the confidence of Lok Sabha. Lok Sabha can pass a vote of no-confidence against him and in such a case the Prime Minister either submits his resignation to the President or gets dismissed by the President. Article 75(2) provides that the Ministers shall hold office during the pleasure of the President. The Council of Ministers is collectively responsible to Lok Sabha. It means that if the Ministry loses the confidence of the "Lok Sabha", all ministers including those who are from Rajya Sabha have to go. The entire ministry is obliged to resign. Thus, in parliamentary government ministers remain in office so long as they enjoy conference of the members of the lower house of parliament.

Article 53 of the Constitution of India says that the executive power of the union shall be vested in President and Article 75 provide for the Council of Ministers with the Prime Minister at the head to aid and advise the President and he shall act in accordance with such advice while exercising his functions.