THE PRESIDENT & THE VICE PRESIDENT
THE PRESIDENT
The executive power of the Indian Union is vested in the
President. The President is the Head of the State and the supreme
commanderof the Defence Forces of India. The Constitution
provides that 'there
shall be a Council of Ministers with the Prime Minister at the head,
toaid and advise the President, in the exercise of his/her
functions'.
According to the 42nd Amendment Act, it is necessary for the
President to exercise his/her functions in accordance with the
adviceof the Council of Ministers.
QUALIFICATIONS FOR ELECTION
1. A person shall be eligible for election as President, if he -
a) is a citizen of India.
b) has completed 35 years of age.
c) is qualified for election a member of the Lok Sabha.
2. A person shall not be eligible for election as President if he
holds any office of profit under the Government of India or
Government of any State or under any local or other authority
subject to the controlof any of the said Governments.
Composition of the Electoral College:-
The President is elected indirectly by the members of an Electoral
College consisting of:
1. the elected members of both Houses of Parliament;
2. the elected members of the Legislative Assemblies of the
States
including National Capital Territory of Delhi and the Union
Territory of Puducherry.
Nominated members of either house of Parliament and State
Assemblies are not eligible to be included in the Electoral college.
A presidential candidate will have to be proposed by 50 members
ofthe Electoral College (MPs or MLAs) and seconded by another
50 members.
REASON FOR INDIRECT ELECTION
1. If the President was to be elected directly by the people, he
couldbecome a centre of power to the Council of Ministers.
2. Since the membership in the two Houses of Parliament was
likelyto be dominated by one party, election of the President
merely by a majority of members of the Union Parliament could
make him a
nominee of the ruling party like the Prime Minister.
3. The President is elected by an Electoral College. In India, the
Electoral College consists of the elected members of the two
Housesof Parliament and Legislative Assemblies of the States
(Article 54).
Oath of Office: Before entering upon his office, the President
takes anoath in the presence of the Chief Justice of India (or in
his absence, the senior most Judge of the Supreme Court) to:
1. discharge the functions of the President of India,
2. preserve, protect and defend the Constitution and the law, and
3. devote himself to the service and well-being of the people of
India.
TERM OF OFFICE
The President shall hold office for a term of five years from the
date on which he enters upon his office. He shall continue to hold
office,notwithstanding the expiry of his term, until his successor
takes charge.
Vacation of Office:
1. The President may, submit his resignation letter to the Vice-
President, in order to resign his office. Such resignation will be
communicated by the Vice-President to the Speaker of the Lok
Sabha.
2. The President may, for the violation of the Constitution, be
removed from the office by the process of impeachment.
PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT
1. When a President is to be impeached for violation of the
Constitution, either House of Parliament can level the charge as
follows:
(a) Resolution which is moved after at least fourteen days' notice
inwriting signed by not less than one-fourth of the total number of
members of the House; and
(b) The resolution is passed by a majority of not less than two-
thirdsof the total membership of the House.
2. When a charge has been so preferred by either House of
Parliament, the other House will investigate the charge and the
President has the right to appear and to be represented at such
aninvestigation.
3. If, as a result of the investigation, a resolution is passed by a
majority of not less than two-thirds of the total membership of the
House (by which the charge was investigated), declaring that the
charge has been sustained, such a resolution will have the effect
ofremoving the President from his office.
POWERS OF THE PRESIDENT OF INDIA
EXECUTIVE POWERS
The executive powers of the President include:
1. Head of the Union Administration: All executive orders are
issuedin the name of the President.
2. Appointment of Officials of the State: The President appoints,
Prime Minister & Council of Ministers on his advice. The Chief
Justice& Judges of Supreme courts & High Courts, Governors of
States.
3. Control over State Governments: During President rule Union
Government controls the state.
4. Union Territories and Border Areas: The administration of the
Union Territories and the Border Areas is the responsibility of the
President.
DIPLOMATIC POWERS
1. The President has the power of appointing Indian Ambassadors
to other countries.
2. He receives ambassadors, High Commissioners and diplomatic
envoys from foreign nations.
3. All treaties and international agreements are concluded in the
name of the President.
4. The President represents India in International Conferences.
LEGISLATIVE POWERS
1. Addresses Sessions of Parliament: The President addresses
both Houses of Parliament assembled together for the first
session after each General Election to the Lok Sabha and at the
commencement ofthe first session of each year. The President
has the power to address either House of Parliament or their joint
sitting at any time.
2. Messages to Parliament: He has the power to send messages
to either House of Parliament either in the regard to any pending
Bill orto any other matter.
3. Summon and Prorogue the Houses: The President has the
power to summon and prorogue the Houses of Parliament. The
power to summon Parliament is subject to the condition that there
should notbe a gap of more than six months between two session
of each House.
4. Dissolve the Lok Sabha: He can dissolve the Lok Sabha and
orderfresh elections. Rajya Sabha is a permanent body, not
subject to
dissolution.
5. Nomination of Members: The President nominates 12 members
tothe Rajya Sabha from among persons having special
knowledge or practical experience in these matters-literature,
science, art and social service. The President may nominate two
members of the Anglo-Indian Community to the Lok Sabha, if he
feels that the Community is not adequately represented in the
House.
6. Assent to Bills: No Bill can become a law without the assent
and the signature of the President. Once a Bill is passed by both
the Houses, it is sent to the President for his approval. The
President may give his assent, or withhold the Bill or send it back
to the Houseconcerned with recommendations.
7. Promulgate Ordinances: Under Article 123, the President can
promulgate an Ordinance, which has the same status as an Act of
Parliament. The President may withdraw the Ordinance at any
time.
8. Formation of New States: A Bill for the formation of new States
or alteration of areas of the existing States cannot be introduced
excepton the President's recommendation.
FINANCIAL POWERS
1. Money Bills can be introduced only on the recommendation of
the President.
2. The Annual Budget contains the estimates of income and
expenditure of the Union Government for the coming year. The
Finance Minister on behalf of the President places the Annual
Budget before Parliament.
3. The Annual Financial Statement is also laid before the
Parliament in the beginning of every Financial Year on behalf of
the President.
4. The President can authorise withdrawal of advances from the
Contingency Fund of India to meet unforeseen expenditure. Such
expenditure should be subsequently approved by Parliament.
5. After every five years the President appoints a Finance
Commission comprising a Chairman and four other members. The
Commission makes recommendations to the President on
financial matters.
MILITARY POWERS
1. The President is the Supreme Commander of the Armed Forces
of India.
2. He appoints the Chiefs of the three wings of the Armed Forces,
subject to certain rules and regulations.
3. The President has the power as to make Declarations of War
and Peace on the advice of the Council of Ministers.
JUDICIAL POWERS
1. The President is not answerable before any Court of law for the
exercise of the powers and duties of his office.
2. No criminal suit can be initiated against him during his tenure of
office.
3. The President has the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or
commute the sentence of any person convicted for an offence:
(a) in all cases where the punishment or sentence is by a Court
Martial;
(b) in all cases where the punishment or sentence is for an offence
against any law relating to Union and Concurrent Lists;
(c) in all cases where there is a death sentence.
DISCRETIONARY POWERS
1) If no party wins clear majority of the Lok Sabha, he appoint a
PrimeMinister.
2. On sudden death of P. M. he may appoint P.M. as ruling party is
unable to decide.
3. President may dissolve or continue the House, if ruling party
lostmajority.
4. The President can dismiss Ministers in case the Council of
Ministers loses the confidence of the House but refuses to resign.
EMERGENCY POWERS
An Emergency is "a sudden or unforeseen situation demanding
immediate action." It is a situation in which the Head of State
assumes extraordinary powers. The President can proclaim a
state ofEmergency in the following cases:
(a) National or General Emergency: There is a danger of foreign
aggression or danger to the peace and security of the country
because of a civil war, insurgency or any other such cause
(Article352).
(b) Breakdown of Constitutional Machinery: The Constitutional
machinery in a State has broken down or there is a deadlock
becauseof political uncertainties or otherwise (Article 356).
(c) Financial Emergency: A set-back to the financial stability or
creditfeasibility of the country is likely to occur or has occurred
(Article 360).
I. NATIONAL OR GENERAL EMERGENCY
Circumstances: If the President is satisfied that a grave
emergencyexists whereby the security of India or any part of its
territory is threatened, either by war or by external aggression or
armed rebellion, he may proclaim an Emergency. The President
cannot issue such a Proclamation unless he has the approval in
writing ofthe Union Cabinet.
Duration: Parliament within one month by a special majority i.e.,
by a majority of the total membership of the House and a majority
of not less than two-thirds of the members present and voting. It
cannot remain in operation for more than six months at a time.
EFFECTS OF GENERAL EMERGENCY
1. Fundamental Rights: The right to move Supreme Court or a
State High Court for the enforcement of the rights, except Articles
20 and 21 remains suspended. Article 20 states that "no person
shall be punished for the same offence more than once". Article
21, declares that "no person shall be deprived of his life or
personal liberty except according to procedure established by
law."
2. Centre-State Relationship: The country has to forego its federal
spirit, as the States are obliged to carry out the instructions of the
Centre. The Union Parliament acquires the powers to give
directions to a State on any matter, so that the State Government
will be under the complete control of the Union Executive and will
function as under a unitary system with local sub-divisions.
3. Finances: The Centre is empowered to suspend the financial
provisions of the Constitution. Matters such as the distribution of
revenues between the Centre and the States and the salaries of
MPs may be altered.
4. Union and State Legislatures: During emergency the term of the
Lok Sabha may be extended for a period of one year at a time. The
same rule may be applied to the Legislative Assembly or any
State.
Examples: National emergency was declared for the first time on
October 26, 1962, due to the threat caused by the Chinese
aggression on our North-East border. The President revoked the
proclamation on January 10, 1968. The second national
emergency was proclaimed on December 3, 1971, when Pakistan
launched an attack on India.
II. BREAKDOWN OF CONSTITUTIONAL MACHINERY
Circumstances: If the President, on receipt of a report from the
Governor or otherwise, is satisfied that the governance of a State
cannot be carried on in accordance with the provisions of the
Constitution, he may declare an emergency in the State. This is
calledPresident's rule because the President may assume to
himself all or any of the functions of the Government of the State.
Duration: The duration of such an emergency is two months. If it
were to continue beyond two months, it should be ratified by the
Parliament. The Proclamation will cease to be valid for six
months. It can, however, be extended for another six months. It
may be extended beyond one year, under two conditions:
(a) when a Proclamation of Emergency is in operation in the
whole of India or in any part of the State, and
(b) the Election Commission certifies that holding elections to the
Legislative Assembly of the State is difficult.
However, no such proclamation shall remain in force for more
than three years.
EFFECTS OF EMERGENCY IN A STATE
1. The State administration is directly placed under the President
(i.e. the Union Government).
2. The President may :
(i) dissolve the Vidhan Sabha of the State and dismiss the Council
of Ministers; or
(ii) keep the Assembly and the Council of Ministers in suspended
animation.
3. When the Lok Sabha is not in session the President may
authorise expenditure out of the Consolidated Fund of the State.
4. The President may suspend the provision of the Constitution
relating to any authority of the State except those relating to High
Courts.)
Examples: This form of emergency is quite common in India and
President's Rule has been imposed in a State at one time or the
other.
The first instance of the President's Rule was in 1951 in Punjab. In
1977, nine States were brought under the President's Rule on the
pretext that the State Assemblies no longer reflected the views of
the people.
III. FINANCIAL EMERGENCY
Circumstances: If the President is satisfied that a situation has
arisen whereby the financial stability or credit of the nation is
threatened, hecan declare a Financial Emergency.
Duration: Such a proclamation has to be laid before both Houses
of Parliament and is valid for two months unless it is approved by
resolutions of both Houses of Parliament. The proclamation will
cease to exist at the expiry of thirty days from the date on which
the Lok Sabha first sits after its reconstitution.
EFFECT OF FINANCIAL EMERGENCY
1. The President may appoint a Finance Commission to suggest
methods to get out of the financial crisis. He may adopt suitable
measures to restore financial stability in the light of
recommendations of the Finance Commission.
2. The President can reduce the salaries and allowances of all or
any class of persons, including the Judges of the Supreme Court
and the High Courts.
3. All Money Bills passed by the Lok Sabha are to be submitted to
the President for his/her consideration.
4. The President can issue instructions to the States in regard to
the utilisation of funds in the manner he thinks fit.
5. The President may order the State to submit Money Bills to him
for his assent.
VICE PRESIDENT:
Article 63 stipulates that there shall be
a Vice-President of
India.
QUALIFICATIONS FOR ELECTION:
1. A person shall be eligible for election as Vice-President,
(a) if he is a citizen of India;
(b) has completed the age of thirty-five years; and
c) is qualified for election as a member of the Council of States.
2. A person shall not be eligible for election as Vice-President if
heholds any office of profit under the Government of India or
Government of any State or under any local or other authority
subjectto the control of any of the said Governments.
ELECTION:
An Electoral College consisting of the members of both Houses
ofParliament elects the Vice-President. The election is held in
accordance with the system of proportional representation by
meansof the single transferable vote.
Oath of Office: Before entering upon his office, the Vice-President
takes an oath before the President (or some person appointed on
hisbehalf by him) to:
(a) bear true faith and allegiance to Constitution of India; and
) faithfully discharge his duties.
)
) TERM OF OFFICE
1. The Vice-President shall hold office for a term of five years
fromthe date on which he enters upon his office.
2. He may, by writing, addressed to the President, resign his
office.Such resignation will be communicated by the President to
the
Speaker of the Lok Sabha.
3. He may, for the violation of the Constitution, be removed from
theoffice by the process of impeachment.
4. He shall continue to hold office, notwithstanding the expiry of
histerm, until his successor enters upon his office.
POWERS AND FUNCTIONS
1. Chairman of the Rajya Sabha: The Vice-President of the Indian
Union acts as the ex-officio Chairman of the Rajya Sabha. He
regulates debates and proceedings of the House and decides the
order of speeches.
2. Taking over as the President: The Vice-President takes over
theoffice of the President under the following situations:
(a) death of the President,
(b) resignation of the President,
(c) removal of the President, or
(d) when the President is unable to discharge his functions owing
toabsence, illness or any other cause.
