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Union Public Service Commission (UPSC)

By
Syskool
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13
upsc union public service commission

Articles 315 to 323 of the constitution of India of its part 14 deal elaborately with the provisions about the composition, appointment and removal of the member along with the functions, powers and independence of the Union Public Service Commission (UPSC). It Functions as the central recruiting agency in India. As it has been created directly by the constitution itself, it is considered as an independent constitutional body.

Structure of UPSC – Union Public Service Commission

Appointment and Removal

The Union Public Service Commission consists of a chairman and other members who are appointed by the President of India. The Constitution has not specified the strength of the commission. Its composition has been left to the discretion of the President to determine.

The UPSC usually consists of 9 to 11 members including its chairman. It has been provided in the constitution that ‘one- half of the members of the commission should be such persons who have held office for at least ten years under either the Government of India or under the Government of the state’ (Clause one Article 316). It is up to the president to determine the conditions of service of the members of the commission.

According to Clause 1A of Article 316 of the constitution, ‘if the office of the chairman of the commission becomes vacant or if any such chairman is by reasons of absence or for any other reason unable to perform the duties of his office,…. those duties shall be performed by such one of the other members of the commission as the President may appoint for the purpose.’

According to clause 2 or the article 316, the Chairman and members can hold office for a term of six years or until they attain the age of 65 tears, whichever is earlier. However, the Chairman and the members can quit their offices at any time by addressing their resignation to the President.

According to clause 1 of Article 317, the Chairman and any other member of the commission can be removed from his office by the order of the President on the ground of misbehavior. But the President, in this case, at first has to refer the matter to the Supreme Court.

If the Supreme Court, after conducting the inquiry with the procedure prescribed under Article 145, upholds the cause the removal and advice so, then the President can order the removal of the Chairman and any other member of the commission. The constitution has clearly established that the advice of the Supreme Court is binding on the President. However, the President can suspend the Chairman or any other members of the commission even during the course of the enquiry by the Supreme Court.

Also Read: Civil Services of India

According to clause 3 Article 317, the president can also order the removal of the Chairman or any other member of the commission from his office under the following conditions:

(a) If he is adjudged an insolvent (that is, ‘has become bankrupt’)

(b) If he engages, during his term of office, in any paid employment outside the duties of his office, or

(c) If he ‘is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.’

Defining the term ‘misbehaviour’ the constitution states that is slapped on the face by another, it is a case of misbehavior under Article 317 (1) and renders the latter member liable to be removal.

To safeguard and ensure the independent and impartial functioning of the commission, the constitution has made following provisions:

(a) The Chairman or any other members of the commission can be removed by the President only in the manner Prescribed in the constitution. Therefore, it can be said that they enjoy the security of tenure.

(b) Although the President determines the conditions of service of the Chairman or a member, these conditions cannot be varied to his disadvantage after his appointment (Article 318).

(c) The entire expenses including allowance, salaries and pensions of the Chairman and members of the commission are not subject to the vote of Parliament. They are charged on the Consolidated Fund of India.

(d) The Chairman of the Commission (on ceasing to hold office), according to Article 319, shall be ineligible for further employment either under the Government of India or under the Government of a state.

(e) A member (on ceasing to hold office) except the Chairman of the commission is eligible for  appointment as the chairman of the commission or a State Public Service Commission (SPSC), but not for any other employment either in the Government of India Or in the Government of a state (Article 319).

(f) The Chairman or a member of the commission, after completing his first term, becomes ineligible for reappointment to that office.

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Functions of UPSC

According to the Article 320 of the constitution the commission performs the following functions:

(a) It is the duty of the UPSC to conduct examination for appointments to the services of the Union and the services of the State respectively.

(b) It is also the duty of the commission (If requested by two or more states to do so) to help the state in framing  and operating schemes of joint recruitment for any service for which candidates possessing special qualifications are required.

(c) The commission is consulted on the following matters:

(1) All matters relating to methods of recruitment of civil services and for civil posts.

(2) The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers.

(3) All disciplinary matters affecting a person serving under the government of India in a civil capacity including memorials or positions relating to such matter. These consist of:

– Compulsory retirement

– Withholding of increments

-Dismissal from service

– Reduction to lower service or rank (Demotion)

-Censure (severe disapproval)

-Removal from service

– Withholding of promotions

-Dismissal from service

– Recovery of pecuniary loss.

(The distinction between ‘Removal’ and ‘Dismissal’ is that a dismissed candidate disqualifies for the future employment under the Government whereas the removed candidate does not disqualify for the same.)

(4) Any claim for compensation of legal expenses incurred by a civil servant in defending legal proceedings instituted against him in respect of the act done in the execution of his official duties.

(5) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India and question as to the amount of any such award.

It is the duty of the Union Public service Commission to advise on any matter referred to them by the President. All regulations made and is to be subjected to such modifications whether by way of repeal or amendment as both Houses of Parliament may make during the session in which they are so laid.

In one of its important decision the Supreme Court in 1992, has held ‘If before the selection is held, the Government withdraws its requisition from the Public Service Commission, neither the candidate nor the UPSC itself can insist on continuing the process of selection.

The constitution describes that the President, in respect to the All-India Services and Central Services and posts may make regulations specifying the matters, in which it shall not be necessary for the UPSC to be consulted.

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The matters on which the Commission (UPSC) is not consulted are:

(a) Reservations of appointments or posts in favour of any backward class

(b) Considering the claims of scheduled castes and scheduled tribes in making appointments to services and posts.

(c) On the selection for Chairmanship or membership of commissions or tribunals, posts of the highest diplomatic nature and a bulk of group C and group d services.

(d) On the selection for temporary or officiating appointment to a post if the appointed person is not likely to held the post for more than a year.

Article 322 of the constitution states that the Parliament can make an Act relating to the services of the union and also related to the services of any local authority or other bodies corporate constituted by law or of any public institutions.

Article 323 of the Constitution, that deals with the expenses of the Commission, states that ‘The expenses of the Union Public Service Commission shall be charged on the consolidated Fund of India.’

Article 323 or the Constitution, that deals with reports of the Commission states that ‘It shall be the duty of the Union Commission to present annually to the President a report.’ Then it is the duty of the President to place the report before both the Houses of Parliament, along with a memorandum ‘explaining the cases where the advice of the Commission was not accepted and reasons for such non-acceptance. It can be ascertained lastly that the role of the Commission is not only limited, but also recommendations made by it are not mandatory but are only of advisory nature, and, therefore, not binding on the Government. The Government has final authority to accept or reject that advice. The Government can also make rules which regulate the scope of the advisory functions of the Commission. Such rules are named as the UPSC (Exemption from consultation) Regulation.

The emanation of Central Vigilance Commission (CVC) in 1964 influenced the role of the Commission in disciplinary matters. Because the Government consults both agencies while taking disciplinary action against a civil servant. However, the Commission, as an independent constitutional body, has an edge over the CVC. CVC was created by an executive resolution of the Government and conferred a statutory status in October 2003.

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Inter-State Relations

By
Syskool
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6

The term Inter-State relations refer to the relation among different States of the Union. The cooperation and cordial relation among different state is needed for the peace and development of the country. There are certain provisions within the constitution and outside it, which aim at improving the relationship among various states of the Union. These provisions are mechanisms are given below:

  1. According to Article 261, full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
  2. Provisions for resolving disputes among them through the judicial process. The Supreme Court has been given original jurisdiction with respect to the disputes arising among the States.
  3. For the development of Inter-State river valleys, River Valley Development Board may be established by the Centre.
  4. Parliament may by law establish Central Water Tribunal to resolve Inter-State Water Disputes. The Central Water Tribunal has the status of a High Court.
  5. Inter-State Council – According to Article 263, the President can establish an Inter-State Council if public interest so requires. The Inter-State Council, if public interest so requires. The Inter-State Council shall perform the following functions –
    • To esquire into disputes among the States and advise upon to resolve such disputes;
    • Investigating and discussing subjects, on which some or all of the States or the Union and one or more of the States have a common interest; or
    • Making recommendations upon any such subject and, in particular, recommendation for the better co-ordination of policy and action with respect to that subject.
    States of  the Union

    The organization and process of the Inter-State-Council are to be determined by the President. The Inter-State Council was established in 1990, consisting of the Chief Ministers of the States. The effectiveness of the council depends upon the serious functioning of the Council in future. The Council will function as an advisory body. The Administrative Reforms Commission (1966-69) had the recommendation in 1969 itself for the immediate establishment of the Inter-State Council under the provisions of Article 263 of the Constitution. According to the recommendations of Commission, the council shall consist of the Prime Minister as the Chairman and Home Minister, Finance Minister, the leader of opposition in Lok Sabha and five representatives from five Zonal Councils as Members. The then Chief Minister of Kerala, E. M. S. Namboodaripad in 1968, demanded the establishment of an Inter-State Council. The immediate cause of this demand was the difference in attitude of the Union and the State of Kerala with respect to the strike of Central government employees in 1968. Rajamannar Committee constituted in 1969 by the government of Tamilnadu recommended, in 1971 the establishment of Inter-State-Council.

  6. Zonal Councils – As provided in the State Reorganisation Act, 1956, five Zonal councils were established with a view to discussing and advising upon the matter of common interest to the State which constitutes a zone. In August 1972 North-Eastern Council was also constituted. The country is divided into six zones given below:
    • (i) Central Zone
    • (ii) Southern Zone
    • (iii) Western Zone
    • (iv) Eastern Zone
    • (v) Northern Zone
    • (vi) North-Eastern Council
  7. Coordination in the field of Inter-State Commerce and Trade – Parliament has the power to regulate the Inter-State Commerce and Trade in the larger public interest.

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The President of India

By
Syskool
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2
The President of India

The President of India is the head of state of the Republic of India. The President of India is the formal head of the executive, legislature and judiciary of India and is the commander-in-chief of the Indian Armed Forces.

The President of India is indirectly elected by the people through elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the Legislative Assemblies in States of India (Vidhan Sabha) and serves for a term of five years.

The Constitution of India states that the President can exercise his or her powers directly or by subordinate authority, with few exceptions, all of the executive authority vested in the President are, in practice, exercised by the popularly elected Government of India, headed by the Prime Minister. This Executive power is exercised by the Prime Minister with the help of the Council of Ministers.

Must Read: All Presidents of India and their Tenure

The 14th and current President is Sh. Ram Nath Kovind, who was elected on 20 July 2017, and sworn-in on 25 July 2017. He is the second Dalit leader to be elected as President of India. Earlier he was Governor of Bihar and Member of Rajya Sabha prior to that. He took over the position from Sh. Pranab Mukherjee, who was the first Bengali to serve in the office.

India achieved independence from British Rule on 15 August 1947. The Constituent Assembly of India, under the leadership of Dr. B. R. Ambedkar, undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic. The offices of monarch and governor-general were replaced by the new office of the President of India, with Rajendra Prasad as the first incumbent.

The President of India can return a bill to the Parliament, if it is not a money bill or a constitutional amendment bill, for reconsideration. The President appoints, as Prime Minister, the person most likely to command the support of the majority in the Lok Sabha.

All money bills originate in Parliament, but only if the President recommends them. He or she presents the Annual Budget and supplementary Budget before Parliament. No money bill can be introduced in Parliament without his or her assent.

The President of India appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice.

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The President is the supreme commander of the defence forces of India. The President of India can declare war or conclude peace, subject to the approval of parliament only under the decision of the Council of the Armed Forces Chief staffs, Military Secretary and President’s Officer (Deputy Military Secretary).

The President of India can declare three types of emergencies: national, state, financial.

A President can be removed for violation of the Constitution of India. The President may be removed before the expiry of the term through impeachment. No president has faced impeachment proceedings.

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Basic Principles of the Constitution

By
Syskool
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2
indian constitution basic principles
indian constitution basic principles
Prof. (Dr.) M. V. Pylee
Former Vice-Chancellor, University of Cochin 

Every constitution reflects the ideas and ideals of the people who framed it. Although it is intended to be a document of permanent value, it is bound to reflect also the conditions and circumstances of the period in which it was framed. The Constitution of India is no exception to this; it embodies certain basic principles. Let us, therefore, begin with a study of these Basic Principles of the Constitution which form the foundations of the democratic government of India.

Basic Principles of the Constitution

A careful study of the Constitution will show that there are at least eight such Basic Principles of the Constitution. These are 

  1. Popular Sovereignty,
  2. Fundamental Rights, 
  3. Directive Principles of State Policy, 
  4. Socialism,
  5. Secularism,
  6. Judicial Independence,
  7. Federalism and
  8. Cabinet Government.

We may examine briefly the scope of each of these Basic Principles of the Constitution popular Sovereignty

India is the  Sovereign Democratic Republic. The opening words of the Preamble to the Constitution emphasise the ultimate authority of the people of India from whose will the Constitution emerged. The Preamble proclaims the solemn resolution of the people to constitute India into a Sovereign, Socialist, Secular, Democratic Republic.
The Basic Principles of the Constitution of popular sovereignty implies, firstly, that the ultimate authority of all governmental agencies springs from the will of the people as expressed in the Constitution and, secondly, that authority is renewed from time to time through popular elections at regular intervals. Further, under our Constitution, those who wield the executive power of the Government are responsible to the legislatures and through them to the people. Thus, in the affairs of. the State, it is the will of the people that prevails ultimately, and not the will of a few individuals, however, important or powerful.

This Basic Principles of the Constitution is reaffirmed in several places in the Constitution, particularly in Part XV dealing with elections. The elections to the House of the People (Lok Sabha) and the Legislative Assembly of every State have to be held on the basis of adult suffrage. Further, such elections must take place at least once every five years. The Constitution also ensures the democratic ideal of “one man, one vote, one value” irrespective of his wealth, education, social status or importance otherwise.

This was perhaps the most fundamental Basic Principles of the Constitution and far-reaching decision of the founding fathers of our Constitution. It was, indeed, an act of faith,  homage to the people of India and implicit in the liberal outlook of India’s freedom struggle. India, thus, became the largest democracy in the world. In 1952, when India went to the polls for the first time under the Constitution, the number of eligible voters was around 173 million. In 1984, for the Eighth General Elections, the number was as large as 389 million. For the Ninth General Elections held in November 1989, the number of eligible voters was about 499 million, which included 35 million in the 18-21 age group who became eligible for the first time following the Sixty-first Constitution Amendment in 1988 amending Article 326. For the 1991 General Elections, the electorate swelled to more than 514 million, in 1999 to 620 million, in 2004 to 650 million and in 2009 it rose to 714 million.

The framers of the Constitution were not satisfied by merely providing for universal adult suffrage. They wanted also to ensure free elections by creating an independent constitutional authority—the Election Commission of India—to be in charge of everything connected with the elections.

Free elections are a reality in India. They secure for the electors both the freedom of choice from among the competing candidates who stand for different programmes and policies, and the secrecy of the ballot. The fifteen General Elections that independent India has so far had, at almost regular intervals since 1952, have demonstrated that in spite of their poverty and widespread illiteracy and difficulties in communication, the people in general, have been able to exercise robust common sense in electing candidates of their choice and, thus, exercise their supreme authority in setting up a democratic, responsible government. India has also been well known for the high percentage of voter participation in all the elections. Numbers and percentages apart, a very significant feature of these elections is* the remarkable involvement of the common citizen with the machinery and functions of democratic self-government, the steady growth of political consciousness and the highly competitive character of Indian politics.

Fundamental Rights

The success or failure of a democracy depends largely on the extent to which civil liberties are enjoyed by the citizens in general. Liberty, however, is not an easy term to define. “The world has never had a good definition of the word ‘liberty’,” said the US President Abraham Lincoln on April 18,1854, soon after the American Civil War on the question of slavery, “and the American people, just now, are much in want of one. We all declare for liberty, but in using the same word we do not all mean the same thing. With some, the word ‘liberty’ may mean »for each man to do as he pleases with himself arid the product of his labour, while with others the same word may mean for some men to do as they please with other men and the produce of other men’s labour. Here are two, not only different but incompatible, things called by the same name ‘liberty’. And it follows that each of the things is, by the respective parties, called by die different and incompatible names—liberty and tyranny.”
Genuine democracy must forever guard against the temptation to transform itself into a system under which the ruling majority claims, infallibility for itself. While democracy requires that the will of the people limits the freedom of the government, it also requires that the freedom of the popular will be limited. A popular will not so limited becomes the tyranny of the majority which destroys the freedom of political competition and, thus, uses the powers of the government to entrench itself permanently in the seat of power and to prevent a new majority from forming. Further, it will tend to think and act as if it will provide the ultimate standard of thought and action and there is no higher law to limit its freedom. As Professor Harold Laski has beautifully put it, “If in any State there is a body of men who possess unlimited political power, those over whom they rule can never be free.” The emergence of such a state of affairs will result in the disappearance of certain vital characteristics of democracy, the spirit of questioning and individual initiative. Their place will be taken up by unquestioned submissiveness and conformity, the most distinguishing characteristics of a totalitarian system. This is perhaps the most serious danger inherent in the dynamics of modern democracy which is to be strongly guarded against.
There are two possible alternative safeguards which a constitution can provide to remedy the situation. First, it can guarantee certain basic rights to the individual citizen against all encroachments by the State. Secondly, it may so divide the powers of the State and entrust them to separate agencies that nobody possesses unlimited power. The Constitution of India has chosen the first alternative and tries to achieve the objective by embodying in it a set of fundamental rights and guaranteeing them through an independent judiciary. These rights impose limitations both on legislative and executive powers of the State. On the one hand, the legislature is prohibited from passing certain laws which would curtail the individual’s freedom, and on the other, the executive is compelled to adhere to certain formalities and procedures when it deals with the citizens. Thus, in an attempt to secure fundamental freedoms, the Constitution delimits the respective spheres of activity of the State and the individual and erects a wall, as it were, between the Government and the people.
The Basic Principles of the Constitution that every individual is entitled to enjoy certain rights as a human being and the enjoyment of such rights does not depend on the will of any majority or minority. No majority has the right to abrogate* such rights. In fact, the legitimacy of the majority to rule is derived from the existence of these rights. These rights include all the basic liberties such as the freedom of speech, movement and association, equality before the law and equal protection of laws, freedom of religious belief, and cultural and educational freedoms. The Constitution has classified these rights into seven categories and one of them is the right to constitutional remedies which entitles every aggrieved person to approach even the Supreme Court of India to restore to him/her any fundamental right that may have been violated.
The prime importance of these rights is that while the will of the majority decides how these freedoms are to be implemented, the existence of the freedoms themselves is not subject to that will. On the contrary, these freedoms ^et the conditions under which the will of the majority is to be formed and exercised. They establish the framework of “democratic legitimacy” for the rule of the majority.
It must be stressed, however, that the fundamental rights guaranteed by the Constitution are not absolute. Individual rights, however, basic they are, cannot override national security and general welfare. For, in the absence of national security and general welfare, individual rights themselves are not secure. Freedom of speech does not mean freedom to abuse another person; freedom of movement does not mean freedom of settlement/movement to “sensitive areas”. The Constitution has made express provisions dealing with such limitations of fundamental rights so that those who seek to enjoy the rights may also realise the obligations attending them
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Indian Citizenship

By
Syskool
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7
Indian Citizenship

A citizen is a person who enjoys full membership of the community or State in which he lives or ordinarily lives. Citizens are different from aliens, who do not enjoy all the rights which are essential for full membership of a state.

Indian Citizenship

Part II of the Constitution simply describes classes of persons living in India at the commencement of the Constitution, i.e. 26th January 1950, and leaves the entire law of the citizenship to be regulated by legislations made by the Parliament. In exercise of its power, the Parliament has enacted the Indian Citizenship Act, 1955, which was subsequently amended in 1986.

The Act provides for the acquisition of Indian citizenship after the commencement of the Constitution in five ways, i.e. birth, descent, registration, naturalisation and incorporation of territory.

Read Also: What are the provisions for securing Indian citizenship?

1. By birth- Every person born in India on or after Jan 26, 1950, shall be a citizen of India by the law of soil (Jus Soli), provided either or both of his/her parents are citizens of India at the time of his/her birth. But this law does not apply where his/her father is a diplomat of any other country or is an enemy alien at the time of his/her birth.
2. By descent- Broadly, a person bomb outside India on or after January 26, 1950, is a citizen of India by descent if his/her father is a citizen of India at the time of that person’s birth i.e. the law of blood (Jus Sanguine).
3. By registration- Any person who is not a citizen of India by virtue of the Constitution or any of the provisions of the Citizenship Act may acquire citizenship by applying for registration for such a purpose. However, he/she should have lived in India for at least 5 years, for not less than 90 days a year, immediately before making such an application.
4. By naturalisation- A foreigner can acquire citizenship of India by applying for such before a competent authority provided, he/ she had lived in India for at least 10 years.
5. By incorporation of territories- If any new territory becomes a part of India, after a popular verdict, the Government of India may notify the person of that territory to be citizens of India.

Must Read: All Presidents of India and their Tenure

Termination of citizenship

The Citizenship Act, 1955 also lays down three modes by which an Indian citizen may lose his/her citizenship. These are renunciation, termination and deprivation.

A renunciation is a voluntary act by which a person, after acquiring the citizenship of another country, gives up his Indian citizenship. This provision is subject to certain conditions.

Termination takes place by operation of law when an Indian citizen voluntarily acquires the citizenship of another country. He automatically ceases to be an Indian citizen.

Deprivation is a compulsory termination of the citizenship of India obtained by Registration or Naturalisation, by the Government of India, on charges of using fraudulent means to acquire citizenship.

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Dual Citizenship

The Indian Constitution, under Art. 11, gives power to the Indian Parliament to legislate on citizenship matters. Accordingly, Parliament enacted the Citizenship Act in 1955. Art. 9 says that citizenship means full citizenship. The
Constitution does not recognise divided allegiance. Section 10 of the Citizenship Act says that a person cannot have allegiance to the Indian Constitution as well as to the Constitution of another country. The Indian courts have consistently ruled against dual citizenship.

If an Indian citizen acquires citizenship of another country, he loses the Indian citizenship. For example, if a child of parents who are citizens of India, is born in another country and does not renounce the citizenship of that country on
attainment of adulthood, he/she loses the Indian citizenship.

The reason for the denial of dual citizenship is that citizenship entails certain duties like serving in the army if the need be.

Rights not available to Aliens

1. right not to be discriminated against on grounds of race, caste, religion, sex or place of birth (Art. 15)
2. right to equality of opportunity in public employment (Art. 16)
3. right to six fundamental freedoms under Art. 1 9.
4. right of suffrage
5. cultural and educational rights conferred by Arts. 29 &30.
6. rights to hold certain offices-President, Vice-President, Governor of States, Judges of Supreme Court or High Courts, Attorney General of India, Comptroller and Auditor General, etc.
7. right to contest the election and get elected to either House at the Centre or State level.

Also, Read: Government to Appoint New Governor of Reserve Bank of India (RBI)

Can a person not born in India, but having acquired citizenship by registration or otherwise, become the Prime Minister of India?

The likelihood of the President of Indian National Congress (Indira), Mrs Sonia Gandhi, becoming the Prime Minister of India after being elected to the 13th Lok Sabha generated a controversy whether a person who becomes a citizen of
India either by registration or naturalisation should occupy, what effectively is, the highest position in the country. The Constitutional position is as follows:
Art. 14 guarantees equality before law Arts. 15 and 16 prohibit discrimination and commit the government to equality of opportunity.
Art. 16 guarantees equality of opportunity in matters of Government employment and appointment.

The Constitution does not differentiate between an ordinary and a naturalised citizen as far as eligibility to contest for the Lok Sabha seat is concerned and thereafter, any member is constitutionally entitled to become the Prime Minister provided the requisite support in Lok Sabha is available.

Therefore, the India Constitution does not bar a naturalised citizen from becoming a Prime Minister. However, in the US, the Constitution permits naturalised citizens to become members of the Senate only (Federal House) but not the President.

Moreover, naturalised citizens can hold any high post other than that of President in the US. This defies logic. For example, the former Secretary of State, Ms Madeleine Albright, is a naturalised US citizen. She had been invited to head the government of her native country. Some experts cite internal security as a reason for such a law in the USA. If this is the reason, the Secretary of State can also pose a threat to the internal security. This shows that there is no sound reason behind the exclusion of a naturalised citizen from becoming the President of the USA. So, we should not try to cite the faulty law in the US Constitution for opposing Sonia Gandhi from becoming the Prime Minister of India. But whether she has the necessary competence to hold the top job of our country is another question altogether.

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