Indian Polity: Important Positions and Bodies In Constitution

Types of Majorities:

There are different types of majority which are required to pass laws, amend the constitution, removal or appointments of constitutional positions.  Majorities are:

• Simple Majority: This refers to majority of more than 50% of the members present and voting.
• Absolute Majority:It refers to a majority of more than 50% of the total membership of the house.
• Special Majorities:This is a special kind of majority required in certain cases. The majority votes of 2/3rd members present and voting and also these votes should exceed 50% of the total strength of house. Now lets assume a scenario: The strength of the house is 250 and lets assume 230 are present. Now the absolute majority will be considered if the positive votes will exceed both condition – 2/3rd of present and voting that is 154 and more than 50% of total strength of the house that is 126. So in this condition 154 votes will be required.

IMPOTANT POSITIONS AND BODIES IN CONSTITTUION:

1. President(Article 52) :

Elected by :

1. a) Elected Members of both houses of Parliament.
2. b) Elected Members of Legislative assemblies of state and UTs

Eligibility criteria: 

1) Min age = 35 years.

2) should be eligible to appointed as member of Loksabha

Powers  :

1)  He is the Head of state means all the decision of central govt are taken on the name of President

2) He has the power to grant pardon, reprieve, remit or commute the sentence(Article 72).

3) Ordinance making power (Article 123).

Removal :

1) Removed by All the members of Parliament(Both nominated and elected).

2) More than 2/3rd of total member of house should vote in favor of removal (Impeachment , Article 61).

Tenure: 5 years

2. Vice President(Article 63) :

Elected by  :All members of Parliament

Eligibility criteria: 

1. a) Min age : 35 years.
2. b) Should be eligible to appointed as member of RajyaSabha

Powers  :

1) He is the ex – office chairman of Rajyasabha.

Removal :

1) Resolution for removal of  Vice President always initiated in RajyaSabha . Rajyasabhapassed it by Absolute Majority.

2) After RajyaSabha ,Loksabha will pass it by Simple majority

Tenure: 5 years

3. Attorney General Of India(Article76) :

Appointed by : President

Eligibility criteria: 

5 years’ experience as a judge of high court or 10 years’ experience as an advocate of high court

Powers  :

1)  Highest law officer of the land.

2) He advisegovt on all the legal issues and have the right to sit in parliament

Removal : President

Tenure: no specified time period

4. Speaker (Article 93) :

Appointed by :

Elected by members of LokSabha by Absolute Majority.

Eligibility criteria: 

He should be member of loksabha

Powers  :

1) Presiding officer of Loksabha and joint session.

2) He exercise casting vote in case of equality of votes on any resolution

Removal :

Removed by loksabha by Absolute Majority

Tenure: 5 years

5. Deputy Speaker(Article 93):

Appointed by :

Elected by members of LokSabha by Absolute Majority.

Eligibility criteria: 

He should be member of loksabha

Powers  :

He worked in the absence of speaker

Removal :

Removed by loksabha by Absolute Majority

Tenure: 5 years

6. Judges of Supreme Court(Article 124) :

Appointed by : President  after suggestion given  by Judicial collegium.

Eligibility criteria: 

1. a) Min 5 years experience as judge of supreme court
2. b) Min 10 years experience as advocate of high court

Powers  :

Supreme court have the original jurisdiction to hear the cases  ofcenter- state dispute, state – dispute

It also act as final arbitrator.

Removal : Special Majority

Tenure: Till attain 65 years of age

7. Governor (Article 153) :

Appointed by : President

Eligibility criteria: 

1) Max age: 35.

2) He should not hold any office of profit

Powers  :

1) All the decision of state govtare taken on the name of Governor.

2) Ordinance making power( Article 213)

Removal : President

Tenure: 5 years

8. Comptroller and Auditor General of India (Article 148) :

Appointed by : President

Eligibility criteria:  ——

Powers  :

1) He is responsible for auditing of centre and state govt account.

2) He also maintain accounts of state govt.

Removal : Special Majority

Tenure: 6 years

9. High court judge (Article 217) :

Appointed by :

Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State

Eligibility criteria:

1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State

2) At least ten years experience to held a judicial office in the territory of India  1) High Court have the power to issue writ(Article 226.)

Powers  :

1) High Court have the power to issue writ(Article 226.)

Removal : Special Majority

Tenure: Till attain 62 years of age

10. Judges of District Court (Article 233) :

Appointed by : Governor

Eligibility criteria:  sevenyears experience in judicial service

Powers  : ——

Removal : Governor

Tenure: Retirement age of that state

11. Finance Commissioner(Article 280):

Appointed by : President

Eligibility criteria: 

1) who is qualified to become Judge of high court.

2) Who has specialized knowledge in Finance and Economy

Powers  :

Distribution of funds between centre and State.

Removal : President

Tenure: 5 years

12. Members of UPSC (Article 315, 316) :

Appointed by : President

Eligibility criteria: 

Half the members of UPSC should be such persons who have held office for atleast 10 years under GOI.

Powers  :

1) Conduct Examinations for appointment of All India Services.

2) Also deals with suspension, transfer, or extension of services

Removal : President

Tenure: 6 years or till attain 65  years of age

13. Election commission of India(Article 324) :

Appointed by : President

Eligibility criteria:  _________________

Powers :

1) Conduct elections of Parliament, Legislative Assemblies, Vice president and President

Removal : Special Majority(Only chief election commissoner), other two commissioner are removed by President

Tenure: 6 years or till attain 65 years of age