Wednesday, June 27, 2018

Important Points from Indian Polity

Minimum age required for various positions in India:

Name of the positionMinimum age required
To become President of India35
To become Vice-president of India35
To become Prime minister of India25
To become Member of Rajya Sabha30
To become Member of Lok Sabha25
To become Governor of state35
To become Member of Legislative assembly25
To become Member of Legislative council30
To contest for Panchayat elections21

Administration of oath of office:

Name of the positionOath administered by
President of IndiaChief Justice of India (Article-60 deals with Oath or affirmation by the President)
Vice-President of IndiaPresident of India (Article-69 Oath or affirmation by the Vice-President)
Prime minister of IndiaPresident of India
Council of MinistersPresident of India
Member of Lok SabhaPresident or some person appointed by him (usually Pro-term speaker)
Member of Rajya SabhaPresident or some person appointed by him
Judge of the Supreme CourtPresident or some person appointed by him
Governor of  a stateChief justice of the concerned state high court (Article-159: Oath or affirmation by the Governor)
Chief Minister of stateGovernor of  a state
Judges of a high courtGovernor of the state or some person appointed by him for this purpose
Comptroller and Auditor General of IndiaPresident of India

Resignation address:

Name of the positionBy addressing resignation letter
President of IndiaVice-President of India
Vice-President of IndiaPresident of India
Prime minister of IndiaPresident of India
Chief justice of IndiaPresident of India
Governor of a statePresident of India
chairman and members of the State public service CommissionGovernor of a state
Comptroller and Auditor General of Indiapresident of India
Attorney Generalpresident of India
advocate general for the State  Governor of state

Process of removal:

Name of the positionRemoved through
President of IndiaImpeachment (Article-61 deals with impeachment Procedure of President)
Vice-President Of IndiaResolution of the Rajya Sabha passed by an absolute majority (ie, a majority of the total members of the House) and agreed to by the Lok Sabha.
Prime minister Of IndiaWhen he losses majority in Lok Sabha
        Judge of the Supreme CourtBy an order of the president. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehaviour or incapacity.
GovernorPleasure of the President
          Judge of the High courtJudge of a high court can be removed from his office by an order of the President. The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament (i.e., a majority of the total membership of that House and majority of not less than two-thirds of the members of that House present and voting).  
Chief Election commissionerSame manner and on the same grounds as a judge of the Supreme Court
    Chairman or any other member of UPSCThe president can remove the chairman or any other member of UPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the president
Chairman and members of the State public service CommissionThey can be removed only by the president (and not by the governor). The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC
Chairman and members of a JSPSCBy the president of India
Comptroller and Auditor General of IndiaOn same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.
Attorney GeneralPleasure of the president
Advocate General for the State    Pleasure of the governor.

Retirement age:

Name of the positionMinimum age required
Judges of Supreme courtHold office until he attains the age of 62 years
Judges of High courtHold office until he attains the age of 62 years
Chief election commissioner and Election commissionersHold office for a term of six years or until they attain the age of 65 years
Chairman and members of the UPSCHold office for a term of six years or until they attain the age of 65 years
Chairman and members of the state public service CommissionHold office for a term of six years or until they attain the age of 62 years, whichever is earlier
Chairman and members of a JSPSCFor a term of six years or until they attain the age of 62 years

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