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What is the difference between emoluments and allowances?
The “emoluments payable” includes only the basic pay and the allowances (special allowances, HRA, conveyance and telephone) which are paid every month. Some others such as LTA and medical allowance are usually not paid every month and so have not been included in the calculation.
Is emoluments and salary same?
Key Difference: Emoluments are essentially the benefit that one gets from working and being employed. It is the profit from employment. A salary is the payment, remuneration or emolument that one receives in return for work and/or services provided.
Who does the emoluments clause apply to?
The emoluments clause, also called the foreign emoluments clause, is a provision of the U.S. Constitution (Article I, Section 9, Paragraph 8) that generally prohibits federal officeholders from receiving any gift, payment, or other thing of value from a foreign state or its rulers, officers, or representatives.
Who determines the emoluments of the President?
(3) The President shall have an official residence and there shall be paid to the President such emoluments and allowances as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments and allowances as are specified in the Second Schedule.
What emolument means?
An emolument is compensation, based on time and length of activity, for employment, services, or holding office and is generally used in a legal context. Emolument is derived from the Latin term “emolumentum,” which could mean either effort or labor, or benefit, gain, or profit.
Are emoluments taxable?
One area that habitually presents challenges in the taxation of employment income is the issue of the emoluments that are paid to worker as a result of employment. All these are considered gross income to the employee and where they are subject to tax, it is the obligation of the employer to account for tax.
What is the purpose of the emoluments clause?
The purpose of the Domestic Emoluments Clause is to preserve the President’s independence. Under the Clause, Congress may neither increase nor decrease the President’s compensation during his term, preventing the legislature from using its control over the President’s salary to exert influence over him.
Is the emoluments clause part of the Constitution?
Also known as the Title of Nobility Clause, Article I, Section 9, Clause 8 of the U.S. Constitution prohibits any person holding a government office from accepting any present, emolument, office, or title from any “King, Prince, or foreign State,” without congressional consent.
Is the President exempt from the emoluments clause?
Domestic Emoluments Clause To preserve presidential independence further, the Clause provides that, apart from this fixed salary, the President shall not receive “any other Emolument” from the United States or any state government.
What is the salary of a president of an article?
| President of India | |
|---|---|
| Term length | Five years Renewable |
| Constituting instrument | Constitution of India (Article 52) |
| Precursor | King of India |
| Inaugural holder | Rajendra Prasad (1950–1962) |
When was the emoluments clause added to the Constitution?
A constitutional amendment was introduced in 1810 to modify the Emoluments Clause. The effect would have been to strip the citizenship of any U.S. citizen who accepted, claimed, received, or retained any title of nobility from a foreign government.
Who is not eligible to be President of India?
(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
What is Article 62 of the Constitution?
Article 62 : Time of holding election to fill vacancy in the office of President and the term of office or person elected to fill casual vacancy. (1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.
What does the term “state” include in this article and Article 55?
Explanation: In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union territory of Pondicherry. 30-day online course. Invest just 2 hours per day! (1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.