In India, the Supreme Court plays the important role of interpreting and applying the law and adjudicating upon controversies between one citizen and another and between a citizen and the state. The Supreme Court is also the guardian of the fundamental rights of the people. It safeguards civil and minority rights and plays the role ..
Topic: Indian Constitution Short Questions [109 items]
According to Article 352(1), the President may make a proclamation of emergency only when he is satisfied as to the existence of a threat to the security of India, or a part thereof. Thus, the question whether the security of India is threatened or not lies within the subjective satisfaction of the President acting on ..
What has been held by the Supreme Court in the case of K.M. Nanavati v. State of Bombay in regard to the governor’s power to suspend sentence under Article 161 of the Indian Constitution?
In K.M. Nanavati v. State of Bombay, the Supreme Court held that the Executive has no power to dispense with the operation of the law though the President and the Governors are vested with the power to Grant pardon to offender under Article 72 and Article 161 respectively. The Supreme Court has held that the ..
An ordinance has the same force and effect as an Act of parliament. An ordinance comes to an end in the following situations;- (a) Resolutions disapproving the ordinance are passed by both Houses of Parliament; (b) if the ordinance is not replaced by an Act within the stipulated period; (c) the executive lets it lapse ..
Article 123 of the Constitution empowers the President t promulgate such ordinances as the circumstances appear to him require when- (1) Both houses of Parliament are not in session; and (2) he is satisfied that circumstances exist which render it necessary for him to take immediate action. It is considered as the most important legislative ..
The president may be removed from his office before the expiry of his term, for “violation of the Constitution” by the process of impeachment. The procedure of the impeachment is as follows: For impeachment, a charge against him may be initiated by either house of parliament. The resolution can be moved only after giving at ..
The office of the President is very august and the Constitution attaches to it may privileges and immunities. He is not answerable to any court for the exercise and performance of the powers and duties o his office, or for “any act done or purporting to be done by him” in the exercise and performance ..
The executive power of the Union is vested in the President [Article 53 (1)]. This power is to be exercised in accordance with the Constitution [Article 53 (1)]. Though formally vested in the President, the idea could never be that he should personally exercise this power, or take every decision himself. Although the executive power ..