Indian electoral system
The post of the Prime Minister has been given the highest importance in the Republic of India.
Parliamentary system of government (Prime Minister)
direct election, directly the people choose the government
(President, Vice President and Rajya Sabha members are indirectly elected)
every 5 years, no matter how many times
Ability
Prime Minister should ordinarily be qualified to be a member of the Lok Sabha. Means be a citizen of India and be aThet least 25 years old
If a person, who is not a member of the Lok Sabha, is appointed to the post of Prime Minister, then he has to become a member of the Lok Sabha within 6 months. It must be mandatory to be a member of either of the two houses of the Parliament, i.e. Lok Sabha or Rajya Sabha.
Election
In India, people hold elections for Lok Sabha members and whichever party gets the majority, the leader of that party is appointed as the Prime Minister by the President according to Article 75 (appointment is done, not election, whereas in America elections are held in.
If no party obtains a majority in a general election, the President chooses the leader of the largest party in the Lok Sabha or someone who has the support of multiple parties. After this he is given a chance to attain majority within a month.
When a no-confidence motion is passed in the Lok Sabha against the Council of Ministers, the Council of Ministers has to resign. When such a situation arises, the President invites the leader of the opposition in the Lok Sabha to form the government and directs him to prove his majority within one month after the formation of the government.
Term of office of Prime Minister of India
From the date of his assumption of office, the Prime Minister can continue to hold the post of Prime Minister and the formation of the Cabinet after the next election of the Lok Sabha, but before that, he can leave his post by submitting his resignation to the President or if the no-confidence motion is passed, the Prime Minister can be removed by the President. Can also be removed from the post.
If we talk about the powers of the Prime Minister of India, the Prime Minister of India can be compared with the President of America.- Dr. B. R Ambedkar.
Powers
Under the provisions of Article 75(1), the Prime Minister recommends to the President the appointment of other members of his cabinet, acceptance of their resignations from the cabinet, dismissal from the cabinet, etc.
The prime minister presides over the cabinet.
The Prime Minister also allocates portfolios to the members of his cabinet and also transfers a minister from one department to another.
head of government
cabinet leader
de facto head of the army
command of nuclear power
head of economic affairs
foreign policy pioneers
Chairman of NITI Aayog
American election system
America, the President has been given the utmost importance.
• Presidential system of government (President)
• Indirect elections, in America people do not vote directly for the President. Instead, electors are elected who act as a link to the voters.
• Every 4 years in America
• 2 times onlyIn
Ability
To become President in America, it is necessary that the person was born in America and has been living in the country for 14 years. His age should be at least 35 years. Besides, it is also necessary for the President to know English language.
Election
The President is elected by 538 electors. To become President, it is necessary to get at least 270 electoral votes.
If no candidate for the post of President and Vice-President gets 270 votes, then the House of Representatives elects the President.
Whichever candidate wins, there is no direct effect of the vote cast by him. Winning or losing depends on the Electoral College rather than the popular vote.
According to the constitution, even those people who have ever opposed America or supported America's enemies cannot become electors.
If no candidate for the post of President and Vice-President gets 270 votes, then the House of Representatives elects the President.
US President's tenure
In America, the day and month for elections are strictly fixed. Voting takes place here on the first Tuesday after the first Monday in November of the election year. However, here the process of voting starts 60 days in advance. During this period, a person living outside America can also cast his vote online.
US President's Powers
The President can pardon or appoint people but for this the consent of the Senate is necessary. But even without the approval of the Senate, the President can appoint his ministers and envoys.
Power of the group of unions: The President informs the Parliament about the future of the country. He also addresses the nation. But the President cannot introduce any bill on his own behalf. Through speech, he can gain the support of the general public and pressurize the parliament to make laws.
The President can refuse to sign any bill. This is his veto right. But Parliament can also overturn the President's veto with a two-thirds majority.
In special circumstances the President can put the bill in his “own pocket”. Parliament cannot overturn this veto. This trick has been used more than 1,000 times in America so far (JB Veto in India – Dr. Rajendra Prasad used this veto in PEPSU Bill 1956 and Indian Postal Bill in 1984 by the then President Giani Zail Singh)
Work instructions: The President can give instructions to government employees to perform their work. This power is called "Executive Orders". It is legally binding. But this does not mean that the President should become autocratic. The court and Congress can make laws against such orders.
Senate approval: The US President may make a treaty with any country, but it gets legal approval only after two-thirds consent of the Senate. These are called "Executive Agreements".
Command of the Army: The US President is also the Commander-in-Chief of the US Army, but only the Parliament can declare war.
Strict Control: If the President abuses his office or commits a crime, the House of Representatives can initiate an inquiry process.
Attorney General of India
The post of Attorney General of India has been provided under Article 76 of the Constitution. He is the highest law officer of the country.
Appointment and tenure
The Attorney General is appointed by the President. A person having the qualification of a judge of the Supreme Court can be appointed to the post of Attorney General.
He should be a citizen of India with 5 years' experience of working as a High Court Judge or 10 years' experience of advocating in a High Court or according to the President he should be a qualified person in judicial matters.
The tenure of the Attorney General has not been fixed by the constitution, apart from this, no basic arrangement has been given in the constitution regarding his removal.
He can be removed by the President at any time, he can be relieved of his post by giving his resignation to the President at any time.
Attorney General's salary
The salary and allowances of the Attorney General have not been fixed in the Constitution, he gets the remuneration fixed by the President.
Functions and Powers of the Attorney General
The main functions of the Attorney General are as follows –
Perform such other duties as may be legally assigned by the President.
Advise the Government of India on such legal matters as are assigned by the President.
To perform the functions provided by the constitution or any other law.
The President assigns the following tasks to the Attorney General.
Under Article 143 of the Constitution, the President represents the Government of India in the Supreme Court.
Appearing on behalf of the Government of India in the Supreme Court on matters related to the Government of India.
Right to be heard in the High Court in any matter related to the government.
Rights and limitations
The Attorney General has the right to be heard in any court in any territory of India
Apart from this, he has the right to speak or participate in the proceedings of both the houses of the Parliament, he has the right to participate in the joint meeting of both the houses without voting rights, he gets all the allowances and privileges like an MP.
The Constitution has also set limits on his duties to avoid any kind of conflict.
He cannot defend a person in any criminal case without the permission of the Government of India.
He cannot give any advice or analysis against the Government of India.
He cannot comment on the matters in which he has to appear on behalf of the Government of India.
Cannot hold the post of director of any company without the permission of the Government of India.