The Union Executive

President and the Vice-President

Civics Ch-3

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President

• The President of India• The Procedure for Election• Oath of Office• Election Disputes• Position and Powers of the President• Actual Position of President

Contents

The President is the head of the Executive. The executive power of the Union is to be exercised by the President either directly or through other officers. The President is also the Head of State and the First Citizen of the country.

Qualifications Term of Office Procedure for Impeachment Vacancy in the Office of the President Emoluments

The President of India

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No person is eligible for election unless one: Is a Citizen of India. Has completed the age of 35 years. Is qualified to be a Lok Sabha Member.

A candidate for Presidential election should not hold an office of profit under the Government of India or under the Government of any State. However, a person is not deemed to hold an office of profit in case one is President or Vice-President or Governor or Minister either for the Union or for any State. The name of a candidate will have to be proposed by 50 members of the Electoral College (MPs or MLAs) and forwarded by another 50 members.

Qualifications

PreviousThe number of proposers an seconders was raised form 10 to 50 in order to prevent non-

serious candidates from filing nominations to the Office of the President. The security deposit for the Presidential Elections too was raised from Rs. 2500 to Rs. 15000.

The President holds office for a term of 5 years and is eligible for re-election. He/She may, by writing to the Vice-President, resign from the office. The resignation has to be communicated by the Vice-President to the Speaker of the Lok Sabha.

Term of Office

PreviousThe first President of India had the unique distinction of being elected for a second time. He remained in office from 26 January, 1950 to 12 May, 1962.

The President can be removed from the office for violation of the Constitution by Impeachment. The resolution to impeach the President may be moved in either House of the Parliament. It must be passed by two-thirds of the total membership of that House. Then the charges are investigated by the other House. President has the right to appear in person in order to answer the charges. He/she has also the right to be defended by a counsel. If the charges are sustained by a two-thirds vote in the other House as well, the Impeachment succeeds. The President is removed from the office from the date on which the resolution is passed.

Procedure for Impeachment

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The Presidential Office may fall vacant because of: Expiration of the term By reason of death By reason of resignation Removal by Impeachment

An election to fill a vacancy caused by the expiry of the term should be completed before the expiration of the term. However, the President continues to hold office until one’s successor enters upon the office. If a vacancy occurs because of other reasons, a new President must be elected within six months.

Vacancy in the office of the president

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The President is entitled to the use of a furnished residence, without payment of a rent. The emoluments and allowances are not to be diminished during a President’s term of office. In 2008 the salary of the President was raised to Rs. 1,50,000 per month. He/she also receives a pension of Rs. 75,000 per month on the expiry of the term.

Emoluments

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Indirect Election of the President of India Electoral College and the Value of Votes Single Transferrable Vote System Counting of Votes and declaration of Results

The Procedure for election

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No person is eligible for election unless one: Is a Citizen of India. Has completed the age of 35 years. Is qualified to be a Lok Sabha Member.

A candidate for Presidential election should not hold an office of profit under the Government of India or under the Government of any State. However, a person is not deemed to hold an office of profit in case one is President or Vice-President or Governor or Minister either for the Union or for any State. The name of a candidate will have to be proposed by 50 members of the Electoral College (MPs or MLAs) and forwarded by another 50 members.

Indirect Election of the President of India

The number of proposers an seconders was raised form 10 to 50 in order to prevent non-serious candidates from filing nominations to the Office of the President. The security

deposit for the Presidential Elections too was raised from Rs. 2500 to Rs. 15000.Previous

The President holds office for a term of 5 years and is eligible for re-election. He/She may, by writing to the Vice-President, resign from the office. The resignation has to be communicated by the Vice-President to the Speaker of the Lok Sabha.

Electoral College and the Value of Votes

The first President of India had the unique distinction of being elected for a second time. He remained in office from 26 January, 1950 to 12 May, 1962. Previous

The President can be removed from the office for violation of the Constitution by Impeachment. The resolution to impeach the President may be moved in either House of the Parliament. It must be passed by two-thirds of the total membership of that House. Then the charges are investigated by the other House. President has the right to appear in person in order to answer the charges. He/she has also the right to be defended by a counsel. If the charges are sustained by a two-thirds vote in the other House as well, the Impeachment succeeds. The President is removed from the office from the date on which the resolution is passed.

Single Transferrable Vote System

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The Presidential Office may fall vacant because of: Expiration of the term By reason of death By reason of resignation Removal by Impeachment

An election to fill a vacancy caused by the expiry of the term should be completed before the expiration of the term. However, the President continues to hold office until one’s successor enters upon the office. If a vacancy occurs because of other reasons, a new President must be elected within six months.

Counting of Votes and Declaration of Results

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Before entering upon his office, the President has to make an Oath in the presence of the Chief Justice of India. In his/her Oath, the President undertakes: To faithfully discharge the functions of the President of India To preserve, protect and defend the Constitution and the law To devote oneself to the service and well-being of the people of India.

Oath of Office

BackSmt. Pratibha Patel was sworn in on July 25, 2007.

All doubts and disputes in connection with the election of the President or Vice-President are inquired into and decided by the Supreme Court, whose decision shall be final. The election may be questioned on grounds of bribery, undue influence or non-compliance with the laws governing the Presidential election.

Election Disputes

BackOn 24 November, 1997 the Supreme Court dismissed several petitions challenging the election of Shri K.R. Narayan to the Office of the President of India. The petitioners had

challenged the Ordinance by which the number of proposers and seconders were increased to 50 each.

Executive Powers Military Powers Diplomatic Powers Legislative Powers Financial Powers Judicial Powers Emergency Powers Discretionary Powers

Position and Powers of the President

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The Constitution says that the “ Executive power of the Union shall be vested in the President”. Head of the Union Executive: All Executive orders are issued in the name

of the President. Formation of the Council of Ministers: The Constitution lays down that

the Prime Minister is to be appointed by the President and the other Ministers are appointed by the President on the advice of the Prime Minister. It is the duty of the PM to communicate to the President all the decisions of he Cabinet.

Power to appoint and Remove High Dignitaries of the State: The President appoints the Attorney-General of India, the Comptroller and Auditory-General of India, the judges of the Supreme Court and those of the High Courts, the Governors and Ambassadors, members of Finance Commission, Union Public Service Commission, Chief Election Commissioner and other members of the Election Commission. The President has the power to remove the Ministers, the Attorney-General, the Governors and some other High Dignitaries of the State.

Executive PowersContinue

Administration of Union Territories: The Constitution provides that

every Union Territory shall be administered by the President. The President acts through an Administrator with such designation as the President may specify.

Control over State Governments: The Union Government may give necessary directions to a State. During President’s rule the control of the Union Government over States is complete.

Executive Powers

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The President is the Supreme Commander of the Defense Forces of India.

Such acts such as the raising and maintenance of the defense forces cannot be done by the President without the sanctions of the Parliament, because there is expenditure of Money involved.

The President has the power to make declarations of War and Peace.

Military Powers

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The President has the power of appointing Indian ambassadors abroad.

He/She receives ambassadors, high commissioners and diplomatic envoys from other countries.

All Treaties and international agreements are concluded in the name of the President.

The President will represent India in International conferences.

Diplomatic Powers

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Power to summon and prorogue Parliament and dissolve Lok

Sabha: The President has the power to summon and prorogue the Houses of Parliament and dissolve the Lok Sabha. The power to summon is subject to the condition that there shall be at least 2 sessions in a year.

Nominating members to the Houses: The President nominates 12 members to the Rajya Sabha from among persons having special knowledge in literature, science, art and social service. The President may also nominate 2 members of the Anglo-Indian community. These powers are to be exercised on the advice of the council of ministers.

The Right to address and Send messages: The President addresses both Houses of Parliament assembled together at the first session after each General Election and at the commencement of each year. The President may address either houses or their joint sitting at any time. The President may also send messages to either House of Parliament.

Legislative Powers

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Assent to Legislation: The President may give assent to a Bill or refuse

assent. The President can also send it back for reconsideration, if it is not a money Bill. If the Bill is passed again by the houses, with or without amendment, the President must give his/her assent.

Previous Sanction for introducing a Bill: Money Bills or Bills for the formation of new States or alteration of areas cannot be introduced except on the recommendation of the President.

Power to promulgate Ordinances: The President has the power to promulgate and issue an ordinance. This power is subject to certain limitations:

The Ordinance can be promulgated at a time when both Houses of Parliament are not in session.

The President must be satisfied that circumstances exist which ender it necessary to take immediate action.

The Ordinances should be laid before both Houses of Parliament when they reassemble. If not disapproved, it automatically ceases to operate at the end six weeks from the reassemble of the Parliament. In the meantime it can be replaced by an Act of Parliament.

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Legislative PowersContinue

President’s Assent to State Bills: Bills passed by the State Legislature

may be reserved by the Governor for consideration of the President. The President may refuse assent to the Bill reserved for his/her assent. The President may also send it back for reconsideration.

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Legislative Powers

A Money Bill cannot be introduced except on recommendation of the

President. The President shall cause to be laid before both Houses of Parliament the

annual budget. The Contingency Fund is placed at the disposal of the President. It is used to

advance some money in order to meet unforeseen expenditure. The President appoints the Finance Commission after every five years. It

makes recommendations to the President on some financial matters like distribution of proceeds of Central tax between the Union and the State.

Financial Powers

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An Ordinance is a direction or command of an authorative nature. It has the same force and effect as an Act of Parliament.

The President ahs the power to grant pardon or reduce the sentence in

cases where: Judgment has been given by a Court Martial In all cases of death Where punishment is for offences against the Union laws

Pardoning power is exercised on the advice of the Council of Ministers. The President is not answerable to any Court for exercise of his/her powers

and the duties of his/her office. No criminal proceedings shall be instituted against the President in any

Court during the term of office.

Judicial Powers

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The President may withhold assent to a Bill or may send it back for

reconsideration, if it is not a Money Bill. The Constitution does not define any time limit within which the President

must declare his/her assent or refusal or return the Gill for reconsideration. The President is at a liberty to decide what is right or proper.

When no political party seems to enjoy majority support in the Lok Sabha, the President shall have the freedom to decide who shall be appointed as Prime Minister.

It may be that the Prime Minister has lost the Confidence of the Lok Sabha. Instead of submitting his resignation, he may ask the President to dissolve the Lok Sabha. The President shall not be bound to act on the advice of the PM. The President should explore the possibility of forming a n alternative Government in the Centre.

Discretionary Powers

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President of India is empowered to declare Emergency in the following 3 conditions: Emergency caused due to War or External Aggression or Armed Rebellion i.

e. National/General Emergency (Article 352)

Emergency on account of Failure of Constitutional Machinery in States (Article 356)

Emergency on account of a threat to financial stability of India i.e. Financial Emergency (Article 360)

Emergency Powers

ReturnDefinitionAn emergency is a sudden or unforeseen situation demanding immediate action.

Reason for Declaration:A Proclamation of a National Emergency may be made if the President is satisfied that the security of India or any part thereof is threatened by external aggression, war or internal rebellion. No such Declaration can be made unless the decision of the Union Cabinet is communicated to the President by writing. Every such Proclamation should be approved by both Houses of Parliament by special majority.

Effects: Centre State Relations (Autonomy of States):

The Union Parliament can legislate upon any subject in the State List The Union Government may give directions to States as to how they should exercise

their executive authority The Central Government gets the power to suspend the financial provisions of the

Constitution.

Fundamental Rights: The Fundamental Rights guaranteed under Article 19 remain suspended. The President may suspend the right to move Court for the enforcement of rights.

Emergency due to War or External Aggression or Armed Rebellion i.e. National Emergency

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Reason for Declaration:If the President, on receipt of a report form a Governor or otherwise, is satisfied that the government of a State cannot be carried on in accordance with the provisions of the Constitution, he/she may declare an Emergency in the State. The President may assume all or any of the functions of the Government of the State.Duration:The Duration of such a proclamation is 2 months. If it is to continue beyond two months, it should be ratified by the Parliament. Even then, it ceases to operate six months after the date of its issue. It can , however, be extended for another six months under two conditions:

When a proclamation of emergency is in operation in the whole of India or in any part of the State

The Election Commission certifies that holding of elections to the Legislative Assembly of the State is difficult.

It normally continues for 1 year. It may be revoked by a subsequent Proclamation.

Emergency due to Failure of Constitutional Machinery in a State

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Reason for Declaration:Article 360 provides for a situation where the financial stability or credit of India is threatened. Duration:It should be ratified by the Parliament if it is to continue beyond a period of two months. It may be revoked by the President any time. It continues till it is revoked by the President.

Financial Emergency

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The President is the Nominal or Constitutional Head of the State. He/She is

required to exercise powers on the aid and advice of the Council of Ministers. The President may send the advice so received back to the Ministers for reconsideration, but must act in accordance with the advice tendered after such reconsideration.

Actual Position of President

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