Unioun executive

1.  The union executive of Indian polity is a part of the political
executive, that comprises three important posts:
 President (Article 52-62)
 The Vice-President Of India (Articles 63-73)
 Prime Minister & Council of Ministers (Article 74-75 & Article 78)
 Attorney-General of India (Article 76)
THE UNION EXECUTIVE [PART V, ARTICLES 52-78 AND
ARTICLE 123]

2.  (1) Article 52 – There shall be a President of India.
 The president is the head of Indian state. He is first citizen of India
 (2) Article 53 – the Executive power of the Union: The executive
power shall be vested in the President and shall be exercised by him
either directly or through officers’ subordinate to him.
 (3) He is the supreme commander of the defense forces in India.
 (4) Though he’s only the constitutional head, or titular head, de
jure head or nominal executive or just a symbolic head.
PRESIDENT OF INDIA

3.  Article 54 provides that president shall be elected by the members
of electoral
 college consisting of:
 A. Elected members of both houses of parliament and
 B. Elected members of Legislative assemblies of state
 • State includes the national capital territory of Delhi and union
territory of Pondicherry. It means that elected members of
Legislative assemblies of National Capital Territory (NCT) of Delhi
and union territory of Pondicherry shall also be eligible to vote in
the election of president.
ELECTION OF PRESIDENT ARTICLE 54

4.  Member who do not participate in election of president: it is to be
noted that
 1. nominated members of both the houses of parliament; and
 2. nominated members of state legislative assembly; and
 3. members both elected and nominated of state legislative council[
in case of bicameral Legislature] and
 4. Nominated members of legislative assemblies of Delhi and
Puducherry donot participate in the election of president.
CONT….

5.  Provides that there shall be uniformity in the scale of
Representation of different states as well as parity between the state
as whole and union at the election of the
 president.
 • the president election is held in accordance with the system of
proportional
 representation by the means of Single Transferable Vote and the
voting is by secret ballot[ article 55(3)]
 All doubts and disputes arising out of the Presidential elections are
decided into and enquired by the Supreme Court whose decision is
final.
 The elections are monitored and conducted by the Election
Commission of India.
ARTICLE 55 : MANNER OF ELECTION OF
PRESIDENT

6.  1. Term – 5 years, from the date on which he enters upon his office.
 2. Resignation is addressed to the Vice-President.
 The president may for violation of constitution be removed from
office by impeachment in the manner provided in article 61
 3. The President is eligible for re-election for any number of terms.
 Resignation
 • President --------------Vice President -------------Speaker
TERM OF OFFICE (ARTICLE 56) AND RE-
ELECTION (ARTICLE 57)

7.  1. Eligibility -
 (a) Citizen of India
 (b) 35 years
 (c) Is eligible for election as an MP of the House of the People.
 2. Shouldn’t hold any office of profit.
 3. The President shall not be a member of either House of Parliament
of any Legislature. Even if such a member is elected, he is deemed to
have vacated that seat.
 Oath administered by the Chief Justice of India or in his absence the
senior-most judge of the Supreme Court available.
 Emoluments, allowances and privileges etc. as may be determined by
the parliament and which can’t be diminished during his term.
 He is immune from any criminal proceeding during his term. He can’t
be arrested or imprisoned. However, after two-month’ notice civil
proceedings can be initiated against him during his term in respect of
his personal acts.
QUALIFICATION (ARTICLE 58), CONDITIONS
(ARTICLE 59) & OATH (ARTICLE 60)

8.  A formal removal of the President from his post by constitutional
means.
 2. He is impeached for the ‘Violation of the Constitution’.
However, the term is defined nowhere in the constitution.
 3. The charges can be preferred by either house of the parliament.
However, a 14-days’ notice shall be served to the President before
the acceptance of such a resolution.
 4. Signed by at least one-fourth members of the total members of
that house (Lok Sabha/ Rajya Sabha) which initiated the charges.
IMPEACHMENT OF THE PRESIDENT (ARTICLE 61)

9. CONT..,
House 1
Lok Sabha/ Rajya Sabha
2/3rd Majority
House 2
Lok Sabha/ Rajya Sabha
2/3rd Majority
President
Right to appear and to
be represented at such
an investigation. President stands
removed from
the date the
resolution is so
passed.
Impeachment is a quasi-judicial process. And though, the nominated
members of Parliament do no participate in his election, they take part in
the impeachment process. State Legislatures have no part in impeachment.

10.  Executive Powers
 1. All executive actions are taken in his name. He is the formal,
constitutional, titular head or de jure head of the Government.
 2. Appoints the P.M and other ministers on P.M’s advice.
 3. Appoints the Attorney General of India, CAG, Chief Election
Commissioner and other Commissioners, the chairman and
members of UPSC, Governors of states, Chairman and members of
Finance Commission etc.
 4. He appoints Inter-State Council and he is the one who can
declare any area as scheduled area and decides on the matter of the
declaration of any tribe as the scheduled tribe.
POWERS OF THE PRESIDENT

11.  Legislative Powers
 1. Summons and Prorogues the Parliament and dissolves the Lok
Sabha.
 2. Summons the joint sitting of the two houses of Parliament
(which is presided over by the Speaker of Lok Sabha).
 3. Nominates 12 members to Rajya Sabha from amongst people
having achievements in art, literature, science and social service
and may nominate 2 members to Lok Sabha from the Anglo-Indian
Community.
 4. His prior recommendation is required in case of presentation of
certain types of bills such as money bills, bills seeking expenditure
from the consolidated fund of India etc.
CONT…

12.  5. He can withhold his assent to bills, return the bills to the
legislatures, apply pocket veto to bills etc.
 6. He can promulgate ordinances when the parliament is not
in session.
 7. He presents the reports of Finance Commission, CAG, and
UPSC etc. before the Parliament.
 8. No demand for the grant can be made except on his
recommendation. Also, he constitutes a Finance Commission
every five years for distribution of revenues between center
and states
CONT…

13.  Judicial Powers
 1. Appoints the Chief Justice and other judges of the Supreme Court
and High courts.
 2. Seeks advice from the Supreme Court on any question of law.
 3. He can grant pardon etc.
 Emergency Powers
 1. National Emergency (Article 352)
 2. President’s Rule (Article 356)
 3. Financial Emergency (Article 360)
CONT..

14.  Veto Powers
 The President of India has three types of Veto powers, namely
 1. Absolute Veto- Withholding the assent to the bill. The bill then
ends and does not become an Act.
 2. Suspensive Veto- Returning the bill for reconsideration.
However, the President can return the bill for reconsideration to
the legislature only once, after which he has to give his consent.
 3. Pocket Veto- Taking no action on the bill sent to the President.
There’s no time limit provided in the constitution within which the
President has to give his assent or sign the bill.
CONT..,

15.  Ordinance Making Powers (Article 123)
 1. An ordinance can be issued by the President only when both houses
of Parliament are not in session or when only one house is in session.
 2. The ordinance must be approved by the Parliament within six weeks
of its reassembly.
 3. Hence, the maximum life of an ordinance is – six months + six
weeks.
 4. He can issue an ordinance only on the advice of the council of
ministers headed by the P.M
 Pardoning power of the President (Article 72)
 1. The President has the power to grant pardon, reprieve, commutation,
remission, respite to any persons convicted in any Union Law, or by a
court-martial or in cases of death penalty.
CONT..,

16.  Discretionary Powers of the President
 1. Appointment of the P.M when no party has a clear majority in the
Lok Sabha or when the P.M in office dies suddenly and there’s no
obvious successor.
 2. Dismissal of the council of ministers when it can’t prove the
confidence of the Lok Sabha.
 3. Dissolution of the Lok Sabha if the council of ministers has lost
its majority.
 4. Use of Suspensive Veto in case of bills.
CONT..,

17.  Position: The President of India has been given wide and far-reaching
powers which he enjoys both during normal and emergency times. But
after the passing of the Constitution Forty-Second (1976) and Forty-
Fourth (1978) Amendment Acts, the President of our Republic has
become a Constitutional figurehead and nothing beyond that.
 Today, President’s position is one of great authority and dignity, but at
the same time strictly constitutional. Thus the President is bound in
every case to act on the advice of his Prime Minister and other
Ministers who are responsible to the Lok Sabha and responsive to the
public opinion.
 In short, the powers really reside in the Ministry and the Parliament
and not in the President as such.
 He has no discretion in our Parliamentary system of government.
 The Supreme Court through various decisions has upheld the position
that the President is a constitutional head and as such he is as much
bound by the advice of his Ministers during emergency as during
normal times.
POSITION OF PRESIDENT

18. CONT….
 For example, the President can declare a proclamation of the National
Emergency (Article 352) only after receiving a written communication of
the decision of the Union Cabinet. If the President abuses his powers, he
can be removed from office by a process of impeachment.
 It does not, however, mean that the President of India is a magnificent
cipher or a mere rubber stamp.
 Unlike the British Monarchy which is hereditary, the President of our
Republic is an elected Head of the State. In our coalition politics, there are
some grey areas where the President may still have to use his own
judgment and wisdom. These are:
 1) Appointment of the Prime Minister, 2) Dismissal of the Union Ministry,
 3)Dissolution of the Lok Sabha, and,
 4) Seeking information on all matters of administration and legislation
from the Prime Minister etc.
 In some such situations, the role of our President may become most crucial
and decisive. However, the President has to be free from all political
affiliations. He is expected to act with complete constitutional rectitude
and impartiality. The nation is expected to be benefitted by his wise
leadership and constructive role.
 In short, the President of India is the symbol of national unity, magnet of
loyalty and apparatus of ceremony.