2. Introduction
â—Ź The executive power of the indian union is vested in the president
â—Ź The president is the head of the state and the supreme commander of the
defense forces of india.
â—Ź According to the 42nd amendment act
â—‹ It is necessary for the president to exercise his / her functions in accordance with the
advice of the council of ministers
3. Qualifications for the president of India
â—Ź Should be a citizen of india
â—Ź Has completed the age of 35 years
â—Ź
â—Ź Is qualified for election as a member of the lok sabha
â—Ź Should not hold office of profit under the government of india or the state
â—Ź A person who holds or has held office as president shall be eligible for re-election to
that office subject to other provisions of the constitution
4. Composition of the electoral college
â—Ź The president is elected indirectly by the members of the electoral college
â—Ź The electoral college consists of
â—‹ Elected members of both houses of the parliament
â—‹ The elected members of the legislative assemblies of the state
5. Election of the president
â—Ź The presidential candidate will have to be proposed by 50 members of the electoral
college and seconded by another 50 members
â—Ź The election of the president is held in accordance with the system of proportional
representation by means of the single transferable vote and the voting at such
election is by secret ballot
6. Reason for indirect election
â—Ź The president of india is voted by indirect election for the following reason
â—‹ If the president was to be elected directly he would become a rival to the council of ministers which
would be against the parliamentary system of with ministerial responsibility.
â—‹ Since the membership in the 2 houses of parliament was likely to be dominated by 1 party election by
the majority of members of union parliament could make him a nominee of the ruling party like the
prime minister. Such a minister cannot represent the states of the union
â—‹ The president is elected by an electoral college. Such an electoral college would make the president
the elected representative to the entire nation with a clear voice to the states as well.
7. Term of office
â—Ź The president shall hold office for a term of 5 years
â—Ź He will continue to hold office until his successor takes charge
â—Ź The president may end his term of office if
â—‹ He gives his letter of resignation to the vice president who will in turn communicate it to the speaker
of the lok sabha.
â—‹ The president may be removed from office on grounds of violating the constitution by the process of
impeachment.
8. Procedure for impeachment
â—Ź The president is impeached (removed from office) only on the grounds for violation of the
constitution.
â—Ź Either house of the parliament can level the charges as followed
â—‹ Resolution which is moved after at least 14 days in writing signed by not less than ÂĽ of total number of members of the house.
â—‹ The resolution is passed by a majority of not less than 2/3 total membership of the house
â—Ź When the charge has been passed by either house of the parliament the other house will investigate
the charge. The president will have the right to appear and be represented at such an investigation
â—Ź If as a result of the investigation a resolution is passed by the â…” total membership of the house who
investigated the charge declaring the charge be sustained then, such a effect will dismiss the
president from his office.
9. Executive powers of the president
â—Ź Head of the union administration
â—‹ All executive orders are issued under the name of the president.
â—‹ All union officials are his subordinates.
â—Ź Union territories and border areas
â—‹ The administration of the union territories and the border areas is the responsibility of the
president
â—Ź Control over state governments
â—‹ The union government may give necessary directions to the state government
○ During the president’s rule the control of the union government is complete
â—Ź Appointment of officials of the state
â—‹ The president makes appointments to key posts to make functioning of the government more
efficient
â—‹ For example -- chief justice and justice of the supreme and high courts, governors of the state, on advice of
the prime minister he summons the leader of the majority group in the parliament to form the government,
and chairman and members of the planning commision, etc.
10. Legislative powers of the president
â—Ź Dissolves the lok sabha
â—‹ He can dissolve the lok sabha and order fresh elections
â—‹ Rajya sabha is the permanent house and not subject to dissolution
â—Ź Formation of new states
â—‹ A bill for the formation of new states or the alteration of areas of existing states can only be introduced on
the president’s recommendation
â—Ź Messages to the parliament
â—‹ He has the power to send messages to the parliament with regard to any pending bill or matter
â—Ź Assents to bills
â—‹ No bill can become a law without the assent and signature of the president
â—‹ Once a bill is passed by both houses of the parliament it is sent to the president for his approval
â—‹ The president may or may not give his assent however if the bill is sent again in the same form he has to give
his assent.
11. Discretionary powers of the president
â—Ź The president can dismiss ministers in case the council of ministers loses confidence of the house
but refuses to resign
â—Ź The president may appoint a prime minister in case of sudden death of the incumbent (present
prime minister) when ruling legislative party is unable to immediately elect a leader
â—Ź The president may appoint a prime minister when no single party commands the clear support of
the majority of the lok sabha members and there is a conflict in the parliament. This is because the
president cannot appoint a new prime minister on the advice of the outgoing prime minister
â—Ź When the ruling party has lost support of the lok sabha or when a vote of no confidence is passed it
is at the discretion of the president to dissolve the house or ask another party to prove its majority
on the floor of the house
12. Emergency powers of the president
â—Ź An emergency is a sudden unforeseen action situation demanding immediate action
â—Ź National or general emergency
â—‹ Danger of foreign aggression or danger of peace and security of the country because of a civil
war, insurgency or any such cause
â—‹ Article 352
â—Ź Breakdown of constitutional machinery
â—‹ Constitutional machinery in a state has broken down or there is a deadlock or political
uncertainties
â—‹ Article 356
â—Ź Financial emergency
â—‹ Set back to the financial stability or credit feasibility of the country which is likely to occur or
has occured
â—‹ Article 360