AFCAT and CDS: Union Executive, Basic Structure

I
Basic • evolution of the Doctrine (case laws)
Structure • features added in the Basic Structure

President
and
Vice President

• powers related to Bills in the Parliament

• assent, dissent, withhold bills, types of veto powers
• manner of election (most repeated*)
• appointment, oath (what is their oath), term of office
• method of removal
• pardoning powers*
• legislative powers*
• Vice President is the ex officio chairman of the Rajya
Sabha*
• Electoral college of President*
Basic Structure of the Constitution

There is no mention of the term “Basic

Structure” anywhere in the Constitution of
India. The idea that the Parliament cannot
introduce laws that would amend the basic
structure of the constitution evolved
gradually over time and many cases.

The idea is to preserve the nature of Indian

democracy and protect the rights and
liberties of people. This Basic Structure
doctrine of the Indian Constitution helps to
protect and preserve the spirit of the
constitution document.

The present position is that the Parliament

under Article 368 can amend any part of the
Constitution including the Fundamental
Rights but without affecting the 'basic
structure' of the Constitution.

1. Supremacy of the Constitution

2. Sovereign, democratic and republican
nature of the Indian polity
3. Secular character of the Constitution
4. Separation of powers between the
legislature, the executive and the judiciary
5. Federal character of the Constitution
6. Unity and integrity of the nation
7. Welfare state
8. Judicial Review
9. Freedom and dignity of the individual
10. Parliamentary System
11. Rule of Law
12. Balance between FR and DPSP
13. Free and fair elections
14. Independence of Judiciary
 Attorney General
• The Attorney General is the highest law officer in the country.
• Article 76 of the Constitution provides for the office of the Attorney General of India.
• The Attorney General is appointed by the President on the advice of the government.
• Attorney General can be removed by the President.

Duties and Functions

• He has the right to participate in the proceedings of the House or Houses of the Parliament.
• He has the right to an audience in any court in India.
• He enjoys all legislative privileges which are available to members of the Parliament.
• He performs such duties of legal matters as may be assigned to him by the President.

Limitations Placed On The Attorney General

• He/she should not advise or hold a brief against the Government of India.
• He/she should not advise or hold a brief in cases in which he is called upon to advise or appear for the
Government of India.
• He/she should not defend accused persons in criminal prosecutions without the permission of the
Government of India.
• He/she should not accept an appointment as a director in any company or corporation without the permission
of the Government of India.
• He/she should not advise any ministry or department of Government of India or any statutory organization or
any public sector undertaking unless the proposal or a reference in this regard is received through the
Ministry of Law and Justice, Department of Legal Affairs.
• However, the Attorney General is not a full-time counsel for the Government and does not fall in the
category of government servants.
• Further, he/she is not debarred from private legal practice.
• The Attorney General is not a member of the Central cabinet. There is a separate law minister in the
Central cabinet to look after legal matters at the government level.
Which of the following is TRUE regarding the Prime Minister?

A. The Prime Minister distributes and redistributes work to the ministers.

B. The Prime Minister chairs Cabinet meetings
C. When the Prime Minister quits, the entire ministry quits
D. More than one of the above
E. None of the above

The Constitution does not say very much about the powers of the Prime Minister or the
ministers or their relationship with each other. But as head of the government, the Prime
Minister has wide-ranging powers.
• He chairs Cabinet meetings.
• He coordinates the work of different Departments.
• His decisions are final in case disagreements arise between Departments.
• He exercises general supervision of different ministries.
• All ministers work under his leadership.
• The Prime Minister distributes and redistributes work to the ministers.
• He also has the power to dismiss ministers.
•When the Prime Minister quits, the entire ministry quits.
• Thus, if the Cabinet is the most powerful institution in India, within the Cabinet it is the
Prime Minister who is the most powerful.

• Other Powers & Functions of Prime Minister:

• He is the chairman of the Planning Commission (now NITI Aayog), National Development
Council, National Integration Council, Inter-State Council, and National Water Resources
Council.
• He plays a significant role in shaping the foreign policy of the country.
• The essence of foreign policy is diplomatic negotiations and considerations, rather than
legislation, and therefore foreign policy falls outside the area of direct linkage of
responsibility with the electorate and is formulated in the first place by the bureaucracy,
implying in the context of India the Prime Minister and the Council of Ministers, especially
the Minister of External Affairs, and the other administrative apparatus is responsible for
the diplomatic conduct of India's foreign policy.
• He is the chief spokesman of the Union government.
• He is the crisis manager-in-chief at the political level during emergencies.
• As a leader of the nation, he meets various sections of people in different states and
receives memoranda from them regarding their problems, and so on.
• He is the leader of the party in power.
• He is the political head of the services.
• Thus, the Prime Minister plays a very significant and highly crucial role in the politico-
administrative system of the country. Dr. B R Ambedkar stated, 'If any functionary under
our constitution is to be compared with the US president, he is the Prime Minister and not
the president of the Union!

Write articles corresponding to the given powers snd functions of the PM