Key Constitutional Appointments with Articles

 

Key Constitutional Appointments with Articles

1. President of India

   • Article 52 to 62: Governs the election, qualifications, term, and impeachment of the President.
   • Elected by an electoral college (Article 54) through a single transferable vote system (Article 55).

2. Vice President of India

   • Article 63 to 71: Governs the election, qualifications, term, and removal of the Vice President.
   • Elected by the members of both Houses of Parliament (Article 66).

3. Prime Minister and Council of Ministers

   • Article 75: The Prime Minister is appointed by the President, and other ministers are appointed on the advice of the Prime Minister.
   • The Council collectively holds office during the pleasure of the President.

4. Governors of States

   • Article 155: The Governor is appointed by the President.
   • Article 156: Holds office during the pleasure of the President.

5. Judges of Supreme Court and High Courts

   • Article 124: Appointment of the Chief Justice of India (CJI) and other Supreme Court judges by the President in consultation with the CJI and senior judges (collegium system).
   • Article 217: Appointment of High Court judges by the President in consultation with the CJI, the Governor, and the Chief Justice of the respective High Court.

6. Comptroller and Auditor General (CAG)

   • Article 148: Appointed by the President for auditing the accounts of the Union and the States.

7. Attorney General of India

   • Article 76: Appointed by the President and acts as the chief legal advisor to the Government of India.

8. Chief Election Commissioner (CEC) and Election Commissioners

   • Article 324: The President appoints the CEC and other Election Commissioners.
   • Responsible for the conduct of elections to Parliament, State Legislatures, and offices of the President and Vice President.

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Appointments to Statutory Bodies

1. Chairperson and Members of UPSC

   • Article 315 to 323: The Chairperson and other members are appointed by the President.

2. National Commissions (e.g., SC, ST, OBC):

   • Appointed by the President or relevant authorities under statutory provisions (e.g., National Commission for Scheduled Castes under Article 338).

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Emergency Provisions Related to Appointments

1. National Emergency (Article 352):

   • President assumes wider powers, including legislative and executive powers of the Union and States.

2. President’s Rule (Article 356):

   • The President assumes the functions of the State Government.

3. Financial Emergency (Article 360):

   • President exercises control over the financial matters of the country.

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Significance of Appointment Articles

1. Constitutional Supremacy:

   • Ensures appointments are made transparently and follow established rules.

2. Checks and Balances:

   • Involves multiple stakeholders, such as the judiciary and legislature, in significant appointments.

3. Upholding Democracy:

• Positions like the CAG, CEC, and Attorney General are pivotal in maintaining democratic accountability.