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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The President's Powers and the Hawala Case 1

The President's Powers and the Hawala Case 1

Chapter:
(p.63) 9 The President's Powers and the Hawala Case1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0019

This chapter begins with a discussion of Article 38 of the Constitution, which gives the president the right to know the full facts of a scandal that is rocking the nation and to demand pertinent information from the prime minister. The article states that 'it shall be the duty of the prime minister… (b) to furnish such information relating to the administration of the affairs of the Union… as the president may call for …' This clearly makes the president's demand mandatory. A 'duty' is cast on the prime minister; a corresponding right accrues to the president. The chapter then suggests that that prime minister was not overly diligent in the discharge of his duties towards the president in the hawala scam, and that the Rao government survived the vote of no-confidence in the Lok Sabha on 28 July 1993 through sheer bribery.

Keywords:   president, Constitution, prime minister, Article 38, hawala scam

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