• Article 52 says that ‘There shall be a president of India.
• Article 53 says that the executive powers of the Union shall be vested in the president.
• The president is the head of the Indian State.
• He is only a nominal Executive Head.
Qualifications for the election to the office of the president (Article 58)
a. He must be a citizen of India.
b. He must have completed the age of 35 years.
c. He must be qualified to be a member of the Lok Sabha.
d. He must not hold any office of profit under the Government of India or the government of any State or under any local or other authority.
Election of President (Art. 54, 55)
• The provisions dealing with the election of the president are provided in Article 54 and 55
• The president is elected by the members of an electoral college consisting of
a. The elected members of both the Houses of the parliament, and
b. The elected members of the Legislative Assemblies of the States.
• The president’s election is held in accordance with a system of proportional representation by means of a single transferable vote and the voting is by secret ballot.
Value of the Vote of an MLA
= Population of the State * 1
(Total elected members of the state legislature) 1000
• This means value of the vote of an MLA differs from one state to another. This is done to give equality of representation in terms of the population.
Value of the vote of an MPs
= Total value of votes of all MLAs of all States and UTs
Total elected members of the parliament
• The value of vote of an MLA and MP is such that a true federal character of the office of the president is maintained, by striking a balance between the States and the Centre.
• To be declared elected to the office of the president, more than 50% of the valid votes are required by presidential candidate.
• Election of the president is an indirect one.
• In cane of any dispute regarding the election of the president, only the Supreme Court is authorized to intervene in the matter.
• The dispute can be brought in front of the Supreme Court only after the elections are over.
• On account of vacancies in the Electoral College, no petition can be field.
• If the election of the president is declared void, acts as the president till the declaration cannot by invalidated.
• The two Union Territories are the National Capital Territory of Delhi and the Union territory of Pondicherry.
• The expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.
• The oath of the office of the president is administered by the Chief justice of India and in his absence, by the seniormost judge of the Supreme Court available.
• The president holds office for a term of five years.
• He can resign from from his office at any time by addressing the resignation letter to the vice president of India.
• Any resignation addressed to the vice-president shall forth with be communicated by him to the Speaker of the Lok Sabha.
• He can also be removed from the office before completion of his term by impeachment for violation of the Constitution. Impeachment process is clearly defined in Art. 61 of constitution
• The impeachment charges can be initiated in either House of the Parliament.
• The impeachment motion can be introduced only when not less than one-fourth of the total number of members of the originating House have signed the proposal and a 14 days prior notice should be given to the president.
• The impeachment process is quasi-judicial in nature.
• When a vacancy occurs in the office of the president due to his death, resignation or impeachment or otherwise, the vice-president assumes the office.
POWERS
1. Executive powers
• All the executive actions of the Government of India are formally taken in his name.
• He appoints the Prime Minister, and the other Ministers on the advice of the Prime Minister. The Ministers hold the office during the pleasure of the president.
• He appoints the Attorney-General of India and determines his remuneration. The Attorney- General holds office during the pleasure of the president.
• He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the Prime Minister (Article 78).
• He can appoints a Commission to investigate into the conditions of the SCs, the STs, and the OBC’s
• He can appoint the inter-state council to promote the centre-State co-operation.
2. Legislative Powers
• He can summon or prorogue both the Houses of the Parliament and dissolve the Lok sabha.
• He can summon a joint sitting of both the Houses of the Parliament, which is presided over by the Speaker of the Lok Sabha.
• He can appoint any member of the Lok sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant simultaneously.
• He can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the chairman and the Deputy Chairman fall vacant simultaneously.
• He nominates 12 members to the Rajya Sabha from amongst the persons having special knowledge or practical experience in respect of Literature, Science, Arts and Social Services.
• He can nominate 2 members to the Lok Sabha from the Anglo-Indian Community.
• When a Bill in sent to the president after it has been passed by the parliament, he can:
a. Give his assent to the bill, or
b. Withhold his assent to the bill, or
c. Return the bill (if it not a Money Bill or a Constitutional Amendment Bill) for reconsideration of the Parliament.
• However, if the bill is again passed by the parliament, with or without amendments, the president has to give his assent to the bill.
• The president has the option of veto with respect to the Bills passed by the parliament.
3. Emergency Powers
A. National Emergency
• According to Article 352, president of India can proclaim the national emergency on the basis of war, external aggression or armed rebellion.
• The president can proclaim this emergency only after receiving a written recommendation from the cabinet.
• A national Emergency has been proclaimed three times so far- 1962, 1971 and 1975.
• Article 19 can only be suspended in case of external emergency and not in the case of internal emergency (armed rebellion).
B. State Emergency
• The president’s rule is also known as the Constitutional Emergency or the State Emergency.
• It can be proclaimed by the president on the failure of the Constitutional machinery in the State (Article 356), or failure to comply with or to give effect to the directions given by the Union (Article 365).
• It can be extended for a maximum period of three years with the approval of the parliament every six months.
• The State Governor, on behalf of the president, carries on the state administration with the help of advisors appointed by the president or the Chief Secretary of the State.
d. Financial Emergency
• The president can proclaim Financial Emergency under 360 if he satisfied that the financial stability or credit of India or any part thereof is threatened.
• Such a proclamation must be approved by the parliament within two months.
• When a Financial Emergency is proclaimed, the president can give directions to the States to observe the canons of financial propriety.
• Financial Emergency has not been declared so far.
4. Financial Powers
• Money bill can be introduced in the parliament only with his prior recommendation.
• He causes to be laid before the parliament the Annual Financial Statement (i.e. Union Budget) under Article 112.
• No demand for a grant can be made except on his recommendation.
• He can make advances out of the contingency Fund of India to meet any unforeseen expenditure.
• He constitution a Finance Commission after every five years to recommend the distribution of the taxes between the centre and the States.
5. Military Powers
• He is Supreme Commander of the Defence Forces of India.
• He can declare war or conclude peach subject to the approval of the parliament.
6. Judicial Powers
• He appoints the Chief Justice and the judges of the Supreme Court and Zonal High Courts.
• He can seek advice from the Supreme Court on any question of law of fact (Article 143).
• The advice rendered by the Supreme Court is not binding on the president.
• He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence:
a. In all the cases where the punishment or sentence is by a court martial;
b. In all the cases where the punishment or the sentence is for an offence against any law relating to matter to which the executive power of the Union extends; and
c. In all the cases where the sentence is a sentence of death.
Important Facts:-
• In the history of presidential elections. V.V. Girl is the only person who won the election of the president as an independent candidate in 1969.
• In July 1977, Neelam Sanjeeve Reddy was elected unopposed as no one else filed nomination for the post of the President.
• Only once in the history of India, Justice M. Hidayatullah, Chief Justice of Supreme Court, discharged the duties of the president in 1969.
• Justice Hidayatullah is the only person to perform the functions of the president two times in two different capacities, the first time in 1969 being the Chief justice of the Supreme Court and the second time being the Vice-president of India in 1982.
VICE-PRESIDENT
• According to Article 63, there shall be a vice-president of India.
Qualification to be the Vice-President
1. No person shall be eligible to be elected as the Vice-President unless he-
a. Is a citizen of India?
b. Has completed the age of 35 years.
c. Is qualified for election as members of Council of States.
2. A person holding any office of profit under the Government shall not be eligible for election as the Vice- President.
• He is the ex-officio Chairman of the Council of States (the Rajya Sabha).
• The Vice-President is not a member of the Rajya Sabha, and hence he has no right to vote.
• Being the Vice-President of India, he is not entitled for any Salary, but he is entitled to the Salary and allowances payable to the Chairman of the Council of States.
• The Vice-President is elected by an Electoral College consisting of the members of both the Houses of the Parliament in accordance by means of a single transferable vote (Article 66).
• The election to the Vacancy of the office of the Vice-president is completed before the expiry of his term.
• There is no mandatory provision, like in case of the president, to hold the election within the six months.
COUNCIL OF MINISTERS
• Article 74(1) provides that “There shall be a council of Ministers with the Prime Ministers as its head to aid and advice the president who shall, in exercise of his function act in accordance with such advice.”
• Article 75(1) “ the prime Minister shall be appointed by the president and other Ministers shall be appointed by the president on the advice of the Prime Minister”.
Council of Ministers
Article
1. Council of Ministers to aid and advise president.
2. Other provisions as to Ministers.
3. Attorney-General of India to be appointed by the president.
4. Conduct of business of the Government of India.
5. Duties of prime Minister as respects the furnishing of information to the president, etc.
• The council of ministers is formed as soon the Prime Ministers is sworn in.
• The prime minister has the right to refer to the president, the removal of dissident ministers because technically the ministers are responsible individually to the President.
• The council of Ministers consists of three categories of ministers- Ministers of Cabinet rank, State Ministers and Deputy Ministers.
• Cabinet Ministers are the senior most Ministers to head a department with portfolio.
• The cabinet is the smaller body of the council of Ministers.
• A person not belonging to any House can be appointed as Minister, but he has to get elected to either House within a period of six months, [Art. 75 (5)].
PRIME MINISTER OF INDIA
• In the Scheme of the parliamentary system of Government provided by the Constitution, the president is nominal executive authority and the prime Ministers is the real executive authority (de-facto).
• The president is the Head of the State while the Prime Minister is the Head of the Government.
• He is the leader of the party in power,
• He is the Chief Spokesman of the Union Government.
• He plays a significant role in shaping the foreign policy of the Country.
• He is the ex-officio chairman of the planning Commission, national Development Council, National Integration council and Inter-State Council.
Power and Functions
1. In relation to the council of Minister
• He recommends the persons who can be appointed as the Ministers by the president i.e., the president can appoint only those persons as the Ministers who are recommended by the Prime Minister.
• He presides over the meetings of the Council of Ministers and by the Prime Minister.
• He can bring about the collapse of the Council of Ministers by resigning from the office any time.
• He summons and decides the agenda of the Cabinet mettings. Even the venue of such meetings is decided by the Prime Minister.
• He has right to call for any file from any ministry. This right is basically in pursuance of his role as a coordinator of various ministers.
2. In relation to the President
• He advises the president with regard to the appointment of important, officials like- the Attorney-General of India, the Chairman and the members of the UPSC, the Election Commissioners, the Chairman and the Members of the finance Commission, and so on.
• He is the principle channel of communication between the president and the Council of Ministers (Art 78).
• He communicates to the president all the decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for Legislation.
3. In relation to the Parliament
• The prime Minister is the leader of the Lower House of the Parliament.
• He advises the president with regard to the Summoning and proroguing of the sessions of the Parliament.
• He can recommend dissolution of the Lok Sabha to the President at any time.
• He announces the Government policies on the floor of the House.
• He has the right to intervene in any debate in the Parliament.
• He can give answers in both the Houses of parliament or can participate in debates.
ATTORNEY GENERAL OF INDIA
• Article 76 states that the President shall appoint a person who is qualified to be appointed as a judge of the Supreme Court to be the Attorney-General of India.
• He is the first legal officer of the Government of India.
• It is convention that, after the Change of the Government, the Attorney-General resigns and the new government appoints one of its own choice.
• He is assisted by two Solicitors-General and four assistant Solicitors-General.
• The Attorney-General holds office during the pleasure of the president, and receives remuneration as the president may determine.
COMPTROLLER AND AUDITOR GENERAL
• Provisions regarding the Comptroller and Auditor General (CAG) are given under Articles 148-151.
• He is appointed by the president for a full term of 6 years or 65 years of age whichever is earlier.
DUTIES OF CAG
(i) To audit the accounts of the union and the States and submit the report of the President or the Governor, as the case may be.
(ii) To ensure that all the expenditures from the Consolidated Fund of India or States are in accordance with the Law.
(iii) Also, to audit and report on the receipts and expenditure of the-
(a) Government companies.
(b) All bodies and authorities ‘substantially financed’ from the Union or the State revenues; and
(c) Other corporations or bodies when so required by the laws relating to such corporations or bodies.
(iv) The discussion in the parliament takes place on the secondary report of the Public Accounts Committee.
(v) The CAG is an officer of the Parliament and he is called Ears and Eyes of the Public Accounts Committee.
(vi) The CAG is concerned only at the stage of audit after the expenditure has already taken place.