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President and Vice -President

This document provides information on the President and Vice President of India. It discusses the qualifications, election process, term of office and powers of both roles. The President is indirectly elected by an Electoral College consisting of MPs and MLAs to a 5-year term. Key powers include executive, legislative, financial, judicial and emergency powers. The Vice President takes over if the President is unable to serve and acts as Chairman of the Rajya Sabha, regulating debates and proceedings.

Education◦
President & Vice- President Civics - Chapter 2. 1
Scope & Syllabus:  President: 1. Qualification 2. Composition of Electoral College 3. Reasons of Indirect Elections 4. Term of Office 5. Procedure of Impeachment  Powers of President: Legislative, Financial, Judicial, Discretionary & Emergency  Vice-President: 1. Qualification, Election 2. Term of Office and 3. Powers 2
Qualifications to be President:  Citizen of India  Completed 35 years of age  Is qualified for election as a member of Lok Sabha.  Shouldn’t hold any office of profit under Government of India 3
Composition of Electoral College  President is indirectly elected by the members of Electoral College (few MPs and few MLAs). It consists of:  Elected members of both the houses  Elected members of Legislative Assemblies of the states and UTs. 4 Electoral College MLAs MPs
Reasons for Indirect Elections 1. If President was elected directly, then he could become a rival centre of power to the Council of Ministers , which would be against the parliamentary system. President V/S Council of Ministers 5
Reasons for Indirect Elections 2. Two houses may be dominated by one party and if President would have been elected by only the members of Union Parliament, then President would be like PM who is a nominee of the ruling party. Such president cant represent constituent states of the Union. 6
Reasons for Indirect Elections 3. President would be elected by Electoral College, consisting members of parliament and members of legislative assemblies of the States, this would make the elected President a true representative of the whole nation. 7
Term of Office 5 years from the date on which he enters upon his office. 8
Oath of Office Chief Justice of India administers President’s oath of office. 9
Procedure of Impeachment 1 • A written notice signed by more than 1/4th of the total number of members of the House(any) is submitted. Once it is received, after 14days a Resolution is moved. 2 • The Resolution is passed by majority i.e. more than 2/3rd of the total members of the House. 3 & 4 • The charge is sent to the other house for investigation. President needs to be present for the investigation. • After the investigation, if the charge is proved right and passed by 2/3rd of the total members of the house (which investigated) then the President is removed. 10
Powers of President 11
Executive Powers  Head of the Union Administration: all union official are his subordinates.  Appointment of officials of the State: a) PM and Council, b) Chief Justice and Judges of SC and HC c) Governors d) Chairman and members of- Union Public Service Commission e) Chairman and members of- Planning Commission  Control over the State Governments: Union Government gives directions to State governments. And During Emergency completely control states.  Union Territories & Border areas: 12
Legislative Powers 1. Addresses session of Parliament 2. Message to Parliament 3. Summon & Prorogue the Houses. 4. Dissolve Lok Sabha 5. Nomination of members (12-RS, 2-LS) 6. Assent to Bills 7. Promulgate Ordinances 8. Assent to Some State bills 9. Formation of New States 13
Financial Powers 1. Money bill can be introduced only on recommendation of President 2. Annual Budget is presented by Finance Minister on behalf of President. Annual Budget is the estimate of income and expenditure of Union Government for the coming year. 3. Annual Financial Statement is also presented on behalf of President. 4. President can authorize withdrawal of advances from the Contingency Fund of India. 5. After every five years President appoints Finance Commission (1 Chairman + 4 Members). It makes recommendations to the President on financial matters. 14
Judicial Powers 1. President isn’t answerable before any court of law. 2. No criminal suit can be initiated against him during his tenure of office. 3. President has power to reduce or increase the punishment in the followings cases: a) Cases of Court Martial b) In all cases listed in Union or Concurrent list. c) In all cases where there is a Death Sentence. 15
Discretionary Powers 1. Appointment of PM in a situation of Hung Parliament i.e. where no single party commands a clear majority of the Lok Sabha members. 2. Appointment of PM in the cases of sudden death of PM. And in case if the ruling legislative party is unable to meet immediately to elect a leader. 3. When the ruling party who has lost majority in Lok Sabha or when a vote of no-confidence is passed against it, the President decides either to dissolve the House or ask another party to prove its majority on the floor of the House. 4. President can dismiss ministers in case of Council of Ministers loses the confidence of the House but refuses to resign. 16
Emergency Powers  The three Emergencies that President can proclaim are as follows: 1. National/General Emergency: in the case of foreign aggression or civil war. 2. Financial Emergency: when set-back to financial stability or credit feasibility of the country has occurred. 3. Breakdown of Constitutional Machinery: When President is reported by the Governor of a state that the state can’t be governed in accordance with the Constitution, then he may declare this emergency. It can declared in whole nation, whole state or part of the state. 17
Vice-President 18
Qualifications to be Vice- President:  Citizen of India  Completed 35 years of age  Is qualified for election as a member of Rajya Sabha.  Shouldn’t hold any office of profit under Government of India 19
Composition of Electoral College  President is indirectly elected by the members of Electoral College (few MPs) It consists of:  Elected members of both the houses. 20 Electoral College MPs
Term of Office 5 years from the date on which he enters upon his office. 21
Oath of Office President administers Vice-President’s oath of office. 22
Powers of Vice-President 23
Powers of Vice-President A) Takes over the office of President in the following cases: a) Death of the President. b) Resignation of the President. c) Removal/Impeachment of the President. d) When President is unable to discharge his duties owing to absence, illness or any other cause. When Vice-President takes over the office of the President then the Deputy Chairman of Rajya Sabha heads the Rajya Sabha. 24
Powers of Vice-President B) As a Ex-Officio Chairman of Rajya Sabha he conducts the following functions: a) He regulates proceedings and debates of the House. b) He decides the order of the speech. c) He decides the admissibility of resolutions or questions. d) He may adjourn or suspend the business of the House. e) He gives directions to the chairmen of various committees. 25