The Union

Executive

President and the Vice-President

Civics Ch-3

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Contents

President

The President of India

The Procedure for Election
Oath of Office
Election Disputes
Position and Powers of the President
Actual Position of President

The President of India

The President is the head of the Executive. The executive power of the
Union is to be exercised by the President either directly or through other
officers. The President is also the Head of State and the First Citizen of the
country.

Qualifications
Term of Office
Procedure for Impeachment
Vacancy in the Office of the President
Emoluments

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No

Qualifications

person is eligible for election unless one:

Is a Citizen of India.
Has completed the age of 35 years.
Is qualified to be a Lok Sabha Member.

A candidate for Presidential election should not hold an office of profit under
the Government of India or under the Government of any State. However, a
person is not deemed to hold an office of profit in case one is President or
Vice-President or Governor or Minister either for the Union or for any State.
The name of a candidate will have to be proposed by 50 members of the
Electoral College (MPs or MLAs) and forwarded by another 50 members.

The number of proposers an seconders was raised form 10 to 50 in order to prevent nonserious candidates from filing nominations to the Office of the President. The security
deposit for the Presidential Elections too was raised from Rs. 2500 to Rs. 15000.

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Term of Office

The President holds office for a term of 5 years and is eligible for re-election.
He/She may, by writing to the Vice-President, resign from the office. The
resignation has to be communicated by the Vice-President to the Speaker of
the Lok Sabha.

The first President of India had the unique distinction of being elected for a second time.
He remained in office from 26 January, 1950 to 12 May, 1962.

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Procedure for
Impeachment

The President can be removed from the office for violation of the Constitution
by Impeachment. The resolution to impeach the President may be moved in
either House of the Parliament. It must be passed by two-thirds of the total
membership of that House. Then the charges are investigated by the other
House. President has the right to appear in person in order to answer the
charges. He/she has also the right to be defended by a counsel. If the charges
are sustained by a two-thirds vote in the other House as well, the
Impeachment succeeds. The President is removed from the office from the
date on which the resolution is passed.

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Vacancy in the office of the

president

The Presidential Office may fall vacant because of:

Expiration of the term
By reason of death
By reason of resignation
Removal by Impeachment
An election to fill a vacancy caused by the expiry of the term should be
completed before the expiration of the term. However, the President continues
to hold office until ones successor enters upon the office. If a vacancy occurs
because of other reasons, a new President must be elected within six months.

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Emoluments

The President is entitled to the use of a furnished residence, without payment

of a rent. The emoluments and allowances are not to be diminished during a
Presidents term of office. In 2008 the salary of the President was raised to Rs.
1,50,000 per month. He/she also receives a pension of Rs. 75,000 per month
on the expiry of the term.

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The Procedure for

election

Indirect Election of the President of India

Electoral College and the Value of Votes
Single Transferrable Vote System
Counting of Votes and declaration of Results

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Indirect Election of the President of

India

No

person is eligible for election unless one:

Is a Citizen of India.
Has completed the age of 35 years.
Is qualified to be a Lok Sabha Member.

A candidate for Presidential election should not hold an office of profit under
the Government of India or under the Government of any State. However, a
person is not deemed to hold an office of profit in case one is President or
Vice-President or Governor or Minister either for the Union or for any State.
The name of a candidate will have to be proposed by 50 members of the
Electoral College (MPs or MLAs) and forwarded by another 50 members.

The number of proposers an seconders was raised form 10 to 50 in order to prevent nonserious candidates from filing nominations to the Office of the President. The security
deposit for the Presidential Elections too was raised from Rs. 2500 to Rs. 15000.

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Electoral College and the Value of

Votes

The President holds office for a term of 5 years and is eligible for re-election.
He/She may, by writing to the Vice-President, resign from the office. The
resignation has to be communicated by the Vice-President to the Speaker of
the Lok Sabha.

The first President of India had the unique distinction of being elected for a second time.
He remained in office from 26 January, 1950 to 12 May, 1962.

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Single Transferrable Vote System

The President can be removed from the office for violation of the Constitution
by Impeachment. The resolution to impeach the President may be moved in
either House of the Parliament. It must be passed by two-thirds of the total
membership of that House. Then the charges are investigated by the other
House. President has the right to appear in person in order to answer the
charges. He/she has also the right to be defended by a counsel. If the charges
are sustained by a two-thirds vote in the other House as well, the
Impeachment succeeds. The President is removed from the office from the
date on which the resolution is passed.

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Counting of Votes and Declaration of

Results

The Presidential Office may fall vacant because of:

Expiration of the term
By reason of death
By reason of resignation
Removal by Impeachment

An election to fill a vacancy caused by the expiry of the term should be

completed before the expiration of the term. However, the President continues
to hold office until ones successor enters upon the office. If a vacancy occurs
because of other reasons, a new President must be elected within six months.

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Oath of Office

Before entering upon his office, the President has to make an Oath in the
presence of the Chief Justice of India. In his/her Oath, the President
undertakes:
To faithfully discharge the functions of the President of India
To preserve, protect and defend the Constitution and the law
To devote oneself to the service and well-being of the people of India.

Smt. Pratibha Patel was sworn in on July 25 ,, 2007.

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Election Disputes

All doubts and disputes in connection with the election of the President or
Vice-President are inquired into and decided by the Supreme Court,
whose decision shall be final. The election may be questioned on grounds
of bribery, undue influence or non-compliance with the laws governing
the Presidential election.

On 24 November, 1997 the Supreme Court dismissed several petitions challenging the
election of Shri K.R. Narayan to the Office of the President of India. The petitioners had
challenged the Ordinance by which the number of proposers and seconders were
increased to 50 each.

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Position and Powers of the

President

Executive Powers
Military Powers
Diplomatic Powers
Legislative Powers
Financial Powers
Judicial Powers
Emergency Powers
Discretionary Powers

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Executive Powers

The Constitution says that the Executive power of the Union shall be vested in
the President.
Head of the Union Executive: All Executive orders are issued in the name of
the President.
Formation of the Council of Ministers: The Constitution lays down that the
Prime Minister is to be appointed by the President and the other Ministers are
appointed by the President on the advice of the Prime Minister. It is the duty of
the PM to communicate to the President all the decisions of he Cabinet.
Power to appoint and Remove High Dignitaries of the State: The
President appoints the Attorney-General of India, the Comptroller and AuditoryGeneral of India, the judges of the Supreme Court and those of the High Courts,
the Governors and Ambassadors, members of Finance Commission, Union
Public Service Commission, Chief Election Commissioner and other members of
the Election Commission. The President has the power to remove the Ministers,
the Attorney-General, the Governors and some other High Dignitaries of the
State.

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Executive Powers

Administration of Union Territories: The Constitution provides that

every Union Territory shall be administered by the President. The President
acts through an Administrator with such designation as the President may
specify.
Control over State Governments: The Union Government may give
necessary directions to a State. During Presidents rule the control of the
Union Government over States is complete.

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Military Powers

The President is the Supreme Commander of the Defense Forces of India.

Such acts such as the raising and maintenance of the defense forces cannot
be done by the President without the sanctions of the Parliament, because
there is expenditure of Money involved.
The President has the power to make declarations of War and Peace.

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Diplomatic Powers

The President has the power of appointing Indian ambassadors abroad.

He/She receives ambassadors, high commissioners and diplomatic envoys
from other countries.
All Treaties and international agreements are concluded in the name of the
President.
The President will represent India in International conferences.

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Legislative Powers

Power to summon and prorogue Parliament and dissolve Lok

Sabha: The President has the power to summon and prorogue the Houses
of Parliament and dissolve the Lok Sabha. The power to summon is subject
to the condition that there shall be at least 2 sessions in a year.
Nominating members to the Houses: The President nominates 12
members to the Rajya Sabha from among persons having special
knowledge in literature, science, art and social service. The President may
also nominate 2 members of the Anglo-Indian community. These powers are
to be exercised on the advice of the council of ministers.
The Right to address and Send messages: The President addresses
both Houses of Parliament assembled together at the first session after
each General Election and at the commencement of each year. The
President may address either houses or their joint sitting at any time. The
President may also send messages to either House of Parliament.

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Legislative Powers

Assent to Legislation: The President may give assent to a Bill or refuse

assent. The President can also send it back for reconsideration, if it is not a
money Bill. If the Bill is passed again by the houses, with or without
amendment, the President must give his/her assent.
Previous Sanction for introducing a Bill: Money Bills or Bills for the
formation of new States or alteration of areas cannot be introduced except
on the recommendation of the President.
Power to promulgate Ordinances: The President has the power to
promulgate and issue an ordinance. This power is subject to certain
limitations:
The Ordinance can be promulgated at a time when both Houses of Parliament are not in
session.
The President must be satisfied that circumstances exist which ender it necessary to take
immediate action.
The Ordinances should be laid before both Houses of Parliament when they reassemble. If
not disapproved, it automatically ceases to operate at the end six weeks from the
reassemble of the Parliament. In the meantime it can be replaced by an Act of Parliament.

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Legislative Powers

Presidents Assent to State Bills: Bills passed by the State Legislature

may be reserved by the Governor for consideration of the President. The
President may refuse assent to the Bill reserved for his/her assent. The
President may also send it back for reconsideration.

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Financial Powers

A Money Bill cannot be introduced except on recommendation of the

President.
The President shall cause to be laid before both Houses of Parliament the
annual budget.
The Contingency Fund is placed at the disposal of the President. It is used to
advance some money in order to meet unforeseen expenditure.
The President appoints the Finance Commission after every five years. It
makes recommendations to the President on some financial matters like
distribution of proceeds of Central tax between the Union and the State.

Definition
An Ordinance is a direction or command of an authorative nature. It has the same force
and effect as an Act of Parliament.

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Judicial Powers

The President ahs the power to grant pardon or reduce the sentence in
cases where:
Judgment has been given by a Court Martial
In all cases of death
Where punishment is for offences against the Union laws

Pardoning power is exercised on the advice of the Council of Ministers.

The President is not answerable to any Court for exercise of his/her powers
and the duties of his/her office.
No criminal proceedings shall be instituted against the President in any
Court during the term of office.

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Discretionary Powers

The President may withhold assent to a Bill or may send it back for
reconsideration, if it is not a Money Bill.
The Constitution does not define any time limit within which the President
must declare his/her assent or refusal or return the Gill for reconsideration.
The President is at a liberty to decide what is right or proper.
When no political party seems to enjoy majority support in the Lok Sabha,
the President shall have the freedom to decide who shall be appointed as
Prime Minister.
It may be that the Prime Minister has lost the Confidence of the Lok Sabha.
Instead of submitting his resignation, he may ask the President to dissolve
the Lok Sabha. The President shall not be bound to act on the advice of the
PM. The President should explore the possibility of forming a n alternative
Government in the Centre.

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Emergency Powers

President of India is empowered to declare Emergency in the following 3

conditions:
Emergency caused due to War or External Aggression or Armed Rebellion
i.e. National/General Emergency (Article 352)
Emergency on account of Failure of Constitutional Machinery in States
(Article 356)
Emergency on account of a threat to financial stability of India i.e.
Financial Emergency (Article 360)

Definition
An emergency is a sudden or unforeseen situation demanding immediate action.

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Emergency due to War or External Aggression or

Armed Rebellion i.e. National Emergency

Reason for Declaration:

A Proclamation of a National Emergency may be made if the President is satisfied
that the security of India or any part thereof is threatened by external aggression,
war or internal rebellion. No such Declaration can be made unless the decision of
the Union Cabinet is communicated to the President by writing. Every such
Proclamation should be approved by both Houses of Parliament by special majority.

Effects:
Centre State Relations (Autonomy of States):

The Union Parliament can legislate upon any subject in the State List
The Union Government may give directions to States as to how they should exercise
their executive authority
The Central Government gets the power to suspend the financial provisions of the
Constitution.

Fundamental Rights:

The Fundamental Rights guaranteed under Article 19 remain suspended.

The President may suspend the right to move Court for the enforcement of rights.

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Emergency due to Failure of Constitutional

Machinery in a State

Reason for Declaration:

If the President, on receipt of a report form a Governor or otherwise, is satisfied
that the government of a State cannot be carried on in accordance with the
provisions of the Constitution, he/she may declare an Emergency in the State.
The President may assume all or any of the functions of the Government of the
State.
Duration:
The Duration of such a proclamation is 2 months. If it is to continue beyond two
months, it should be ratified by the Parliament. Even then, it ceases to operate
six months after the date of its issue. It can , however, be extended for another
six months under two conditions:

When a proclamation of emergency is in operation in the whole of India or in any

part of the State
The Election Commission certifies that holding of elections to the Legislative
Assembly of the State is difficult.

It normally continues for 1 year. It may be revoked by a subsequent

Proclamation.
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Financial Emergency

Reason for Declaration:

Article 360 provides for a situation where the financial stability or credit of
India is threatened.
Duration:
It should be ratified by the Parliament if it is to continue beyond a period of
two months. It may be revoked by the President any time. It continues till it is
revoked by the President.

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Actual Position of
President

The President is the Nominal or Constitutional Head of the State. He/She is

required to exercise powers on the aid and advice of the Council of
Ministers. The President may send the advice so received back to the
Ministers for reconsideration, but must act in accordance with the advice
tendered after such reconsideration.

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