You would often have seen uniformed Army, Navy or Air Force Personnel standing behind the President of India or Governor of any State in India. Who are these people and what is their role? Are they bodyguards?

They are known as Aide-de-camp or ADC.

Who is an ADC or Aide-de-camp?

An ADC or Aide-de-camp is an Attendant, Assistant or Secretary of the President / Governor appointed from the Armed Forces or the Indian Police Service or even the Indian Administrative Service. The ADC historically was like a “wing-man” who would assist the king or ruler with mounting / dismounting from his horse and also attending to secretarial or administrative activities.

Though India has had a female President, there has never been a female ADC appointed yet.

Are ADCs different from the President’s Body Guards?

Yes. Aides-De-Camp wear a distinct uniform with a braided cord on the right shoulder, whereas President’s bodyguards are usually horse mounted and are more for show and pomp.

What is the role of an ADC?

Who appoints the ADC for the President of India or Governor of a State?

As per the Indian Naval Auxiliary Service Regulations, 1973:

Honorary Aide-de-Camp:

(i) Officers of the Service are eligible for appointment as Honorary Aide-de-
Camp to the President of the Republic of India. Not more than one
officer, at a time, should hold such an appointment which shall be for a
period of five years but may be terminated earlier on the holders demise,
demotion, discharge or retirement from the Service or demission of office
by the President.

(ii) An officer shall be granted a step higher in honorary rank or any
substantive rank held by him on appointment as Aide-de-Camp to the
President.

(iii) The rank of an Officer for appointment as Aide-de-Camp to the President
shall be Commander.

This article deals with the role, powers and functions of an MLC or Member of the Legislative Council in any State in India.

Can an MLC travel toll-free on any National Highway in India?

Yes. Sitting MLC’s are exempt by the National Highway Authority of India from paying any toll tax for use of the highways. The MLA has to be physically present in the car when seeking exemption from toll for that journey.

This article deals with the role, powers and functions of an MLA or Member of the Legislative Assembly in any State in India.

Which provisions of the Constitution of India give power to an MLA?

Art 168 (2):
Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly…

What are the qualifications required for being an MLA?

As per the Guidelines of the Election Commission, the following guidelines have been issued for qualification as a Member of Legislative Assembly to any State in India.

2.3. QUALIFICATIONS FOR ELECTION TO A LEGISLATIVE ASSEMBLY
2.3.1. If a Candidate want to stand for election to the Vidhan Sabha (Legislative Assembly)
of a State (other than the State of Jammu and Kashmir) or of a Union Territory
(including the National Capital Territory of Delhi), he/she must possess each of the
following qualifications:

1. A candidate must be citizen of India [Article 173(a) of the Constitution, section 4(a)
   of the Govt. of Union Territories Act, 1963 and section 4 (a) of the Govt. of National
   Capital Territory of Delhi Act, 1991];
2. Candidate must make and subscribe before some person authorized in that behalf
   by the Election Commission an oath or affirmation according to the form set out for
   the purpose in the Third Schedule to the Constitution or, as the case may be in the
   First Schedule to the Government of Union Territories Act, 1963 or the Schedule to
   the Government of National Capital Territory of Delhi Act, 1991 [Article 173 (a) and
   Form VII/A in the Third Schedule to the Constitution, Section 4(a) and Form 1 in the
   First Schedule to the Government of Union Territories Act, 1963 and section 4(a)
   and Form 1 in the Schedule to the Government of National Capital Territory of Delhi
   Act, 1991];
3. Candidate must not be less than twenty-five years of age on the date of scrutiny of
   nominations [Article 173b) of the Constitution, section 4(b) of the Government of
   Union Territories Act, 1963 and section 4(b) of the Government of National Capital
   Territory of Delhi Act, 1991 read with section 36(2) (a) of the Representation of the
   People Act, 1951];
4. 25a. If a candidate wants to contest for a seat in the Legislative Assembly of a State or Union Territory reserved for the Scheduled Castes or for the Scheduled Tribes of
   that State, or that Union Territory, then he/she must be a member of any of those
   Castes or, as the case may be, of those Tribes, and in addition, he/she must also be
   an elector for any Assembly Constituency in that State or that Union Territory;
   b. If a candidate wants to contest for a seat reserved for the Scheduled Tribes of an autonomous district of Assam, then he/she must be member of a Scheduled Tribe of any autonomous district and in addition, he/she must be an elector for the Assembly Constituency in which such seat or any other seat is reserved for that district;
   c. If a candidate wants to contest for a seat reserved for Sikkimese of Bhutia Lepcha origin in the Legislative Assembly of Sikkim, then he/she must be a person either of Bhutia or Lepcha origin, and in addition, he/she must also be an elector for any
   Assembly constituency in that State other than the constituency reserved for the
   Sanghas;
   d. If a candidate wants to contest for the seat reserved for the Sanghas in the
   Legislative Assembly of Sikkim, then he/she must be an elector for the Sangha
   Constituency in that State;
   e. If a candidate wants to contest for a general seat, that is to say, for a seat not
   reserved as aforesaid, then he/she must be an elector for any constituency in the
   State or Union Territory concerned.
   
   2.3.2. All the relevant provisions of the Constitution and the law, referred to above, are reproduced in Appendix 3.
   
   2.3.3. The above are the various qualifications, which a candidate must possess if he/she want to stand as a candidate for election to Lok Sabha or a Vidhan Sabha. A candidate must be very careful about this. He/she is advised to take special care in respect of the following two matters.

Do MLAs need to take an Oath?

Yes. as per Art. 188 of the Constitution of India, an MLA must take an oath or affirmation.

Art 188. Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat,make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Constitution of India, Article 188

Is there a punshiment for MLAs who do not take an Oath?

Yes.

Art. 193. If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he

Constitution of India, Article 193

Can an MLA travel toll-free on any National Highway in India?

Yes. Sitting MLA’s are exempt by the National Highway Authority of India from paying any toll tax for use of the highways. The MLA has to be physically present in the car when seeking exemption from toll for that journey.

This article deals with the Provisions of Article 356 of the Constitution of India and talks about President’s Rule in States.

What is Article 356 of the Constitution of India?

Art. 356: Provisions in case of failure of constitutional machinery in State
(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation:
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the State Provided that nothing in this clause shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation
(3) Every Proclamation issued under this article except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation Shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People
(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operating, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People
(5) Notwithstanding anything contained in clause ( 4 ), a resolution with respect to the continuance in force of a Proclamation approved under clause ( 3 ) for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause ( 3 ) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned: Provided that in the case of the Proclamation issued under clause ( 1 ) on the 6 th day of October, 1985 with respect to the State of Punjab, the reference in this clause to any period beyond the expiration of two years

What does the President’s Gazette Notification look like?

When the President takes over control of any State, he/she issues a gazette notification. The following is a sample of the Gazette Notification issued by Ram Nath Kovind when imposing President’s Rule in Maharashtra upon failure of any party / parties being able to form the government in Maharashtra on 12-Nov-2019.

Where can I check the Gazette Notifications of President’s Rule?

You can search for gazette notifications on https://egazette.nic.in which is the official Government Press Website for issue of Gazette Notifications.

For how long can President’s Rule be imposed?

What are the consequences of President’s Rule?