POL_010 - Union Executive
POL_010 - Union Executive
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Thus, the nominated members of both of Houses of Parliament, the nominated members of the state
legislative assemblies,
the members (both elected and nominated) of the state legislative councils (in case of the bicameral
legislature) and
the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the
election of the President.
The Constitution provides that there shall be uniformity in the scale of representation of different states
as well as parity between the states as a whole and the Union at the election of the President.
To achieve this, the number of votes which each elected member of the legislative assembly of each state
and the Parliament is entitled to cast at such election shall be determined in the following manner:
2. Every elected member of either House of Parliament shall have such number of votes as may be obtained
by dividing the total number of votes assigned to members of the legislative assemblies of the states by
the total number of the elected members of both the Houses of Parliament. This can be expressed as:
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Further, the nomination of a candidate for election to the office of President must be subscribed by at least 50
electors as proposers and 50 electors as seconders
◉ Oath of President
Oath or Affirmation by the President Before entering upon his office
In his oath, the President swears:
1. to faithfully execute the office;
2. to preserve, protect and defend the Constitution and the law; and
3. to devote himself to the service and well-being of the people of India.
◉ Impeachment of President
The President can be removed from office by a process of impeachment for ‘violation of the Constitution
IT IS A QUASI JUDICIAL PROCESS
However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’
The impeachment charges can be initiated by either House of Parliament.
These charges should be signed by one-fourth members of the House (that framed the charges), and a 14
days’ notice should be given to the President.
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After the impeachment resolution is passed by a majority of two-thirds of the total membership of that
House, it is sent to the other House, which should investigate the charges.
The President has the right to appear and to be represented at such investigation.
If the other House also sustains the charges and passes the impeachment resolution by a majority of two-
thirds of the total membership, then the President stands removed from his office from the date on which
the resolution is so passed.
◉ Military Powers
He is the supreme commander of the defence forces of India. In that capacity, he appoints
the chiefs of the Army, the Navy and the Air Force. He can declare war or conclude peace,
subject to the approval of the Parliament.
◉ Emergency Powers
In addition to the normal powers mentioned above, the Constitution confers extraordinary powers on
the President to deal with the following three types of emergencies 9:
A. National Emergency (Article 352);
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◉ Diplomatic Powers
The international treaties and agreements are negotiated and concluded on behalf of the President.
However, they are subject to the approval of the Parliament.
◉ Executive Powers
The executive powers and functions of the President are:
◉ Legislative Powers
He can summon or prorogue the Parliament and dissolve the Lok Sabha,
Summon a joint sitting of both the Houses of Parliament, address the Parliament at the commencement
of the first session
He can promulgate ordinances,
lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance
Commission, and others, before the Parliament.
He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
He addresses the Indian Parliament at the commencement of the first session after every general election
He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when
the seats fall vacant
He nominates 12 members of the Rajya Sabha
He can nominate two members to the Lok Sabha from the Anglo-Indian Community
He consults the Election Commission of India on questions of disqualifications of MPs.
He recommends/ permits the introduction of certain types of bills
He lays the following reports before the Parliament:
Comptroller and Auditor General
Union Public Service Commission
Finance Commission, etc.
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He takes advice from the Supreme Court, however, the advice is not binding on him
He has pardoning power: Under article 72, he has been conferred with power to grant pardon against
punishment for an offence against union law, punishment by a martial court, or death sentence.
The veto power enjoyed by the executive in modern states can be classified into the following four types:
1. Absolute veto, that is, withholding of assent to the bill passed by the legislature.
2. Suspensive veto, which can be overridden by the legislature with an ordinary majority.
3. Pocket veto, that is, taking no action on the bill passed by the legislature.
1. Pardon
It removes both the sentence and the conviction and completely absolves the convict from all sentences,
punishments and disqualifications.
2. Commutation
It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may
be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.
3. Remission
It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous
imprisonment for two years may be remitted to rigorous imprisonment for one year.
4. Respite
It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the
physical disability of a convict or the pregnancy of a woman offender.
5. Reprieve
It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose
is to enable the convict to have time to seek pardon or commutation from the President.
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Article 123 of the Constitution empowers the President to promulgate ordinances during
the recess of Parliament
1. He can promulgate an ordinance only when both the Houses of Parliament are not in
session or when either of the two Houses of Parliament is not in session.
2. He can make an ordinance only when he is satisfied that the circumstances exist
that render it necessary for him to take immediate action.
3. Every ordinance issued by the President during the recess of Parliament must
be laid before both the Houses of Parliament when it reassembles.
If the ordinance is approved by both the Houses, it becomes an act.
If Parliament takes no action at all, the ordinance ceases to operate on the expiry
of six weeks from the reassembly of Parliament.
◉ QUESTIONS ON PRESIDENT
Which Article of the Indian Constitution says that there shall be a President of India?
A. 61
B. 62
C. 52
D. 74
Answer C
◉ PRESIDENTS OF INDIA
S.N. NAME TENURE NOTES
1 1. Dr. Rajendra Prasad 26 January 1950 First president, longest tenure (12 years)
(1884-1963) to 12 May 1962
2 2. Dr. S. Radhakrishnan 13 May 1962 to13 He was the first President from South India.
(1888-1975) May 1967 Teacher’s day is celebrated on 5 Sept. to honour his
birthday.
3 3. Dr. Zakir Hussain (1897- 13 May 1967 to 3 President with the shortest tenure, first Muslim
1969) May 1969 president to die in harness
4. V.V. Giri (1894-1980) 3 May 1969 to 20 First acting president of India
July 1969
5. Justice Muhammad 20 July 1969 to Served as the Chief Justice of India, and was a
Hidayatullah (1905- 24 August 1969 recipient of the Order of the British Empire.
1992)
4 6. Varahagiri Venkata Giri 24 August 1969 Giri is the only person to have served as both an
(1894-1980) to 24 August acting president and president of India.
1974
5 7. Fakhruddin Ali Ahmed 24 August 1974- Second Indian president to die in office.
(1905-1977) 11 February 1977
8. B. D. Jatti (1912-2002) 11 February 1977 Served as acting President of India upon Ahmed’s
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◉ An introduction
The scheme of parliamentary system of government provided by the constitution, the President is the
nominal executive authority.
and Prime Minister is the real executive authority (de facto executive)
In other words, president is the head of the State while Prime Minister is the head of the government.
◉ OATH
Before the Prime Minister enters upon his office, the president administers to him the oaths of office and
secrecy. In his oath of office, the Prime Minister swears:
1. to bear true faith and allegiance to the Constitution of India,
2. to uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his office, and
4. to do right to all manner of people in accordance with the Constitution
and the law, without fear or favour, affection or ill will.
◉ TERM
The term of the Prime Minister is not fixed and he holds office during the PLEASURE OF THE PRESIDENT.
However, this does not mean that the president can dismiss the Prime Minister at any time.
So long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by
the President.
However, if he loses the confidence of the Lok Sabha, he must resign or the President can dismiss him
◉ SALARY
The salary and allowances of the Prime Minister are determined by the Parliament from time to time.
He gets the salary and allowances that are payable to a member of Parliament. Additionally, he gets a
sumptuary allowance, residence rent free etc.
The Prime Minister enjoys the following powers as head of the Union council of ministers:
1. He recommends persons who can be appointed as ministers by the president. The President can appoint
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only those persons as ministers who are recommended by the Prime Minister.
2. He allocates and reshuffles various portfolios among the ministers.
3. He can ask a minister to resign or advise the President to dismiss him in case of
difference of opinion.
4. He presides over the meeting of council of ministers and influences its decisions.
5. He guides, directs, controls, and coordinates the activities of all the ministers.
6. He can bring about the collapse of the council of ministers by resigning from office.
★ In Relation to Parliament
The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the following
powers:
1. He advises the President with regard to summoning and proroguing of the sessions
of the Parliament.
2. He can recommend dissolution of the Lok Sabha to President at any time.
3. He announces government policies on the floor of the House.
Article 74
There shall be a council of ministers with the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in accordance with such advice.
Article 75
The Prime Minister shall be appointed by the President and the other
ministers shall be appointed by the president on the advice of the Prime
Minister;
The ministers shall hold office during the pleasure of the president; and
The council of ministers shall be collectively responsible to the House of the
People.
Article 78
It shall be the duty of the Prime Minister:
to communicate to the President all decisions of the council of ministers relating to the
administration of the affairs of the Union and proposals for legislation.
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4 Indira Gandhi (1917- 24 January 1966 to • First lady Prime Minister of India
1984) 24 March 1977, (11 • She was named the Women of the Millennium and
years, 59 days) is the first lady to receive Bharat Ratna.
5 Morarji Desai (1896- 24 March 1977- 28 • He was the Oldest to become PM @ 81 and first PM
1995) July 1979, (2 year, who resigned without completing his office tenure.
116 days) •Also, he formally ended the state of emergency
imposed by Indira Gandhi.
• Moreover, he is the only Indian Prime Minister who
got Nishaan-e-Pakistan (Pakistan’s highest civilian
award)
6 Charan Singh (1902- 28 July, 1979 to 14 • Only PM who did not face the Parliament.
1987) Jan. 1980, (170 days) • He removed the Zamindari System and brought
Land Reform Acts in India.
7 Indira Gandhi (1917- 14 Jan.1980 to 31 • First lady who served as PM for the second term.
1984) Oct. 1984, (4 years, • She also got Bangladesh Swadhinata Samman. She
291 days) is the world’s longest-serving PM.
• Her courage and boldness helped India win over
Pakistan in 1971 Indo-Pak war.
8 Rajiv Gandhi (1944- 31 Oct, 1984 to 2 Dec. • Youngest to become PM @ 40 year
1991) 1989, (5 years, 32 • Also, he brought computers to India.
days)
9 V.P. Singh (1931- 2 Dec. 1989 to 10 • First PM to step down after a vote of no confidence
2008) Nov. 1990, (343
days)
10 Chandra (1927- 10 November,1990 • He belongs to Samajwadi Janata Party
Shekhar 2007) to 21 June 1991, (223
days)
11 P.V. (1921- 21 June 1991 to 16 • First PM from South India.
Narasimha 2004) May 1996, (4 years, • He is known as the Father of Indian Economic
Rao 330 days) Reforms.
12 Atal Bihari (born 16 May, 1996 to 1 • PM for shortest tenure.
Vajpayee 1924) June 1996 (16 days) • He improved India’s telecom industries.
• Also, he took initiatives to improve Indo- Pak
relationships.
13 H. D. Deve (born 1 June, 1996 to 21 • He belongs to Janata Dal
Gowda 1933) April 1997, (324
days)
14 Inder Kumar (1919- 21 April 1997 to 19 • He resisted signing the Comprehensive Test Ban
Gujral 2012) March, (1998 332 Treaty which paved the path to the Pokhran Nuclear
days) Tests.
15 Atal Bihari (born 19 March, 1998 to 22 • The first non-congress PM who completed a full
Vajpayee 1924) May 2004 (6 years, term as PM
64 days)
16 Manmohan (born 22 May 2004 to 26 • First Sikh PM
Singh 1932) May 2014, (10 years, • He founded 8 new IITs to India.
4 May 2 days) • He also initiated the National Rural Health Mission.
17 Narendra (born 26 May 2014, • 4th Prime Minister of India who served two
Modi 1950) Incumbent consecutive tenures
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ARTICLE 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries and
allowances of the ministers.
◉ Questions
Who among the following heads the Central government in India?
A. Prime Minister
B. Chief Minister
C. President
D. Vice-President
Ans- A
Which one of the following article deals with the appointment of the Prime Minister and other ministers?
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A. Article 76
B. Article 74
C. Article 75
D. Article 72
Ans- C
Who among the following shall communicate to the president all the decisions of the council of ministers
under article 78?
A. Home minister
B. Prime minister
C. Attorney general
D. Finance minister
Ans. B
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◉ AN INTRODUCTION
The Vice-President occupies the second highest office in the country.
He is accorded a rank next to the President in the official warrant of precedence.
This office is modelled on the lines of the American Vice-President.
◉ ELECTION- ARTICLE 66
The Vice-President, like the president, is elected not directly by the people but by the method of indirect
election.
He is elected by the members of an electoral college consisting of the members of both Houses of
Parliament.
Thus, this electoral college is different from the electoral college for the election of the President in the
following two respects:
◉ QUALIFICATIONS
Qualifications To be eligible for election as Vice-President, a person should fulfil the following
qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Rajya Sabha.
4. He should not hold any office of profit under the Union government or any state government or
any local authority or any other public authority.
But, a sitting President or Vice-President of the Union, the governor of any state and a minister for the
Union or any state is not deemed to hold any office of profit.
Further, the nomination of a candidate for election to the office of Vice President must be subscribed by
at least 20 electors as proposers and 20 electors as seconders.
Every candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India.
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behalf by him
◉ Conditions of Office
He should not be a member of either House of Parliament or a House of the state legislature. If any such
person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which
he enters upon his office as Vice-President.
He should not hold any other office of profit.
◉ Vacancy
A vacancy in the Vice-President’s office can occur in any of the following ways:
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal.
4. By his death.
5. Otherwise, for example, when he becomes disqualified to hold office or when his election is
declared void.
He acts as the ex-officio Chairman of Rajya Sabha. In He acts as President when a vacancy occurs in the office
this capacity, his powers and functions are similar to of the President due to his resignation, impeachment,
those of the Speaker of Lok Sabha death or otherwise.
He can act as President only for a maximum period of six months within which a new President has to be
elected.
Further, when the sitting President is unable to discharge his functions due to absence, illness or any
other cause, the Vice-President discharges his functions until the President resumes his office. and in
vice-president absence CJI or the seniormost judge of supreme court acts as President
1st time - 1969 - DR Zakir Hussain died DR vv giri resigned -
CJI Md Hidayatullah acted as President.
While acting as President or discharging the functions of President, the Vice-President does not perform
the duties of the office of the chairman of Rajya Sabha.
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During this period, those duties are performed by the Deputy Chairman of Rajya Sabha
◉ QUIZ
Which article of Indian Constitution says that India shall be a Vice-President ?
A. 52
B. 61
C. 62
D. 63
Answer D
Who among the following can contest the election of Vice President while remaining in office?
A. President
B. Vice President
C. Governor of the State
D. All
Answer D
◉ Vice-President of India
Vice-President of India Term of office Remark
Sarvepalli Radhakrishnan (First
13 May 1952-12 May 1957
Vice-President of 13 May 1952-12
13 May 1957-12 May 1962
May 1957 India)
Zakir Hussain 13 May 1962-12 May 1967
V.V. Giri 13 May 1967-3 May 1969
Gopal Swarup Pathak 31 August 1969 -30 August 1974
B. D. Jatti 31 August 1974-30 August 1979
Mohammad Hidayatullah 31 August 1979-30 August 1984
R.Venkataraman 31 August 1984-24 July 1987
Shankar Dayal Sharma 3 September 1987- 24 July 1992
K.R. Narayanan 21 August 1992- 24 July 1997
Krishan Kant 21 August 1997-27 July 2002
Bhairon Singh Shekhawat 19 August 2002-21 July2007
11 August 2007 - 10 August 2012
Mohammad Hamid Ansari
11 August 2012 -10 August 2017
Venkaiah Naidu 11 August 2017 - 10 August 2022
Jagdeep Dhankhar 11 August 2022 - Incumbent
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