DEFINITION OF EXECUTIVE

a person or group of persons having administrative or supervisory authority in an

organization. the person or persons in whom the supreme executive power of a
government is vested. the executive branch of a government.

The executive is the branch of government exercising authority in and

holding responsibility for the governance of a state. The executive executes
and enforces law.
In political systems based on the principle of separation of
powers, authority is distributed among several branches
(executive, legislative, judicial)—an attempt to prevent the concentration of
power in the hands of a single group of people. In such a system, the
executive does not pass laws (the role of the legislature) or interpret them
(the role of the judiciary). Instead, the executive enforces the law as written
by the legislature and interpreted by the judiciary. The executive can be the
source of certain types of law, such as a decree or executive order. Executive
bureaucracies are commonly the source of regulations.

MEMBER OF EXECUTIVE
The executive of government is the one that has sole authority and
responsibility for the daily administration of the state bureaucracy. The
division of power into separate branches of government is central to the
republican idea of the separation of powers.[12]

President
Main article: President of India
The executive power is vested mainly in the President of India, as per Article
53(1) of the constitution. The president has all constitutional powers and
exercises them directly or through subordinate officers as per the aforesaid
Article 53(1). The president is to act in accordance with aid and advice
tendered by the prime minister, who leads the council of ministers as
described in Article 74 of the Constitution of India.
The council of ministers remains in power during the 'pleasure' of the
president. However, in practice, the council of ministers must retain the
support of the Lok Sabha. If a president were to dismiss the council of
ministers on his or her own initiative, it might trigger a constitutional crisis.
Thus, in practice, the council of ministers cannot be dismissed as long as it
holds the support of a majority in the Lok Sabha.
The president is responsible for appointing many high officials in India. These
high officials include the governors of the 29 states; the chief justice; other
judges of the supreme court and high courts on the advice of other judges;
the Attorney General; the Comptroller and Auditor General; the Chief Election
Commissioner and other election commissioners; the chairman and members
of the Union Public Service Commission; the officers of the All India
Services (IAS, IFoS and IPS) and central civil services in group 'A'; and
the ambassadors and high commissioners to other countries on the
recommendations of the cabinet.[13][14]
The president, as the head of state, also receives the credentials
of ambassadors from other countries, whilst the prime minister, as head of
government, receives credentials of high commissioners from other members
of the Commonwealth, in line with historical tradition.
The president is the de jure commander-in-chief of the Indian Armed Forces.[15]
The President of India can grant a pardon to or reduce the sentence of a
convicted person for one time, particularly in cases involving punishment of
death. The decisions involving pardoning and other rights by the president are
independent of the opinion of the prime minister or the Lok Sabha majority. In
most other cases, however, the president exercises his or her executive
powers on the advice of the prime minister.[16]

Vice president
Main article: Vice President of India
The vice president is the second highest constitutional position in India after
the president. The vice president represents the nation in the absence of
the president and takes charge as acting president in the incident of
resignation impeachment or removal of the president. The vice president also
has the legislative function of acting as the chairman of the Rajya Sabha.
[17]
The vice president is elected indirectly by members of an electoral college
consisting of the members of both the houses of the parliament in accordance
with the system of proportional representation by means of the single
transferable vote and the voting is by secret ballot conducted by the election
commission.

Prime minister
Main article: Prime Minister of India

The Rashtrapati Bhawan complex, with North and South Block housing the Prime
Minister's Office, Cabinet Secretariat, Ministry of Defence, and others.

The Prime Minister of India, as addressed in the Constitution of India, is the

chief of the government, chief adviser to the president, head of the council of
ministers and the leader of the majority party in the parliament. The prime
minister leads the executive of the Government of India.
The prime minister is the senior member of cabinet in the executive of
government in a parliamentary system. The prime minister selects and can
dismiss other members of the cabinet; allocates posts to members within the
Government; is the presiding member and chairman of the cabinet and is
responsible for bringing a proposal of legislation. The resignation or death of
the prime minister dissolves the cabinet.
The prime minister is appointed by the president to assist the latter in the
administration of the affairs of the executive.

Cabinet, ministries and agencies

Main articles: Union Council of Ministers and List of Indian government
agencies

The organizational structure of a department of the Government of India.

The Cabinet of India includes the prime minister and cabinet ministers.[18] Each
minister must be a member of one of the houses of the parliament. The
cabinet is headed by the prime minister, and is advised by the Cabinet
Secretary, who also acts as the head of the Indian Administrative Service and
other civil services. Other ministers are either as union cabinet ministers,
who are heads of the various ministries; or ministers of state, who are junior
members who report directly to one of the cabinet ministers, often overseeing
a specific aspect of government; or ministers of state (independent charges),
who do not report to a cabinet minister. As per article 88 of the constitution,
every minister shall have the right to speak in, and to take part in the
proceedings of, either house, any joint sitting of the houses, and any
committee of parliament of which he may be named a member, but
shall not be entitled to a vote in the house where he is not a member.
Secretaries
Main article: Secretary to Government of India
A secretary to the Government of India, a civil servant, generally an Indian
Administrative Service (IAS) officer,[19][20][21][22] is the administrative head of the
ministry or department, and is the principal adviser to the minister on all
matters of policy and administration within the ministry/department. [23]
[24]
Secretaries to the Government of India rank 23rd on Indian order of
precedence.[25][26][27][28] Secretaries at the higher level are assisted by one or
many additional secretaries, who are further assisted by joint secretaries.
[24]
At the middle they are assisted by directors/deputy secretaries and under
secretaries.[24] At the lower level, there are section officers, assistant section
officers, upper division clerks, lower division clerks and other secretarial
staff.[24]

Ministries and departments of the Government of India hide

Ministry Department(s)

President's Secretariat

Vice President's Secretariat

Atomic Energy

Prime Minister's Office

Space

Cabinet Secretariat

Agriculture and Farmers Welfare Agriculture, Cooperation and

Farmers Welfare

Agricultural Research and Education

 Animal Husbandry, Dairying and
Fisheries

AYUSH

Chemicals and Petrochemicals

Chemicals and Fertilizers Fertilizers

Pharmaceuticals

Civil Aviation

Coal

Commerce

Commerce and Industry

Industrial Policy and Promotion

Posts

Communications

Telecommunications

Consumer Affairs
Consumer Affairs, Food and Public
Distribution
Food and Public Distribution

Corporate Affairs
 Culture

Defence

Defence Production

Defence

Defence Research and Development

Ex-servicemen Welfare

Development of North Eastern Region

Drinking Water and Sanitation

Earth Sciences

Electronics and Information Technology

Environment, Forest and Climate Change

External Affairs

Finance Economic Affairs

Expenditure

Financial Services

Investment and Public Asset

Management

Revenue
 Food Processing Industries

Health and Family Welfare

Health and Family Welfare

Health Research

Heavy Industry
Heavy Industries and Public
Enterprises
Public Enterprises

Border Management

Internal Security

Jammu Kashmir Affairs

Home Affairs

Home

Official Language

States

Housing and Urban Affairs

Higher Education

Human Resource Development

School Education and Literacy

Information and Broadcasting

 Labour and Employment

Justice

Law and Justice Legal Affairs

Legislative

Micro, Small and Medium Enterprises

Mines

Minority Affairs

New and Renewable Energy

NITI Aayog

Panchayati Raj

Parliamentary Affairs

Personnel and Training

Personnel, Public Grievances and Administrative Reforms and Public

Pensions Grievances

Pension and Pensioners' Welfare

Petroleum and Natural Gas

Power
 Railways

Road Transport and Highways

Land Resources

Rural Development

Rural Development

Biotechnology

Science and Technology Science and Technology

Scientific and Industrial Research

Shipping

Skill Development and Entrepreneurship

Empowerment of Persons with

Disabilities
Social Justice and Empowerment

Social Justice and Empowerment

Statistics and Programme Implementation

Steel

Textiles
 Tourism

Tribal Affairs

Water Resources, River Development and Ganga Rejuvenation

Women and Child Development

Sports

Youth Affairs and Sports

Youth Affairs

Total

Ministries Departments

58 93

Civil services
Main article: Civil Services of India
The Civil Services of India are the civil services and the
permanent bureaucracy of India. The executive decisions are implemented by
the Indian civil servants.
In the parliamentary democracy of India, the ultimate responsibility for
running the administration rests with the elected representatives of the
people which are the ministers. These ministers are accountable to the
legislatures which are also elected by the people on the basis of universal
adult suffrage. The ministers are indirectly responsible to the people
themselves. But the handful of ministers are not expected to deal personally
with the various problems of modern administration. Thus the ministers lay
down the policy and it is for the civil servants to enforce it.
Cabinet secretary
Main article: Cabinet Secretary of India
The cabinet secretary (IAST: Maṃtrimaṇḍala Saciva) is the top-most executive
official and senior-most civil servant of the Government of India. The cabinet
secretary is the ex-officio head of the Civil Services Board, the Cabinet
Secretariat, the Indian Administrative Service (IAS) and head of all civil
services under the rules of business of the government.
The cabinet secretary is generally the senior-most officer of the Indian
Administrative Service. The cabinet secretary ranks 11th on the Indian order
of precedence.[25][26][27][28] The cabinet secretary is under the direct charge of
the prime minister.

PARLIAMENTARY FORM
A parliamentary system of government means that the executive branch of
government has the direct or indirect support of the parliament. This support
is usually shown by a vote of confidence. The relationship between the
executive and the legislature in a parliamentary system is called responsible
government.
The separation of powers between the executive and law making branches is
not as obvious as it is in a presidential system. There are different ways of
balancing power between the three branches which govern the country (the
executive (or ministers), the law makers and the judges).
Parliamentary systems usually have a head of government and a head of
state. They change after their terms are over. The head of government is
the prime minister, who has the real power. The head of state may be an
elected president or, in the case of a constitutional monarchy, hereditary.
Examples of countries which practice parliamentary systems are most of the
countries which are democracies. Parliament is different in every country.

MERITS DEMERITS
https://www.brainkart.com/article/Parliamentary-form-of-government_34313/

PRESIDENT
President of India
From Wikipedia, the free encyclopedia
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President of India

State Emblem of India

 Flag of India

Incumbent
Ram Nath Kovind
since 25 July 2017

Style
The Honourable (within India and

the Commonwealth of Nations)

His Excellency (outside India)

Mr. President (informal)

Status Head of state

Residence Rashtrapati Bhavan, New Delhi

Rashtrapati Nilayam, Hyderabad (winter)

The Retreat Building, Shimla (summer)

Appointer Electoral College of India

Term length Five years

Renewable

Precursor Governor General of India

Inaugural Rajendra Prasad (1950–1962)

 holder

Formation The Constitution of India

26 January 1950; 69 years ago

Deputy Vice President of India

Salary ₹500,000 (US$7,000) (per month)[1]

Website presidentofindia.nic.in

India

This article is part of a series on the

politics and government of
India

Constitution and law[show]

Government of India[show]

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Federalism[show]

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 e

The president of India is the ceremonial head of state of India and

the commander-in-chief of the Indian Armed Forces.
The president is indirectly elected by an electoral college comprising
the Parliament of India (both houses) and the legislative assemblies of each
of India's states and territories, who themselves are all directly elected.
Although the Article 53 of the Constitution of India states that the president
can exercise his powers directly or by subordinate authority, with few
 exceptions, all of the executive powers vested in the president are, in
practice, exercised by the prime minister (a subordinate authority) with the
help of the Council of Ministers.[2] The president is bound by the constitution
to act on the advice of the prime minister and cabinet as long as the advice is
not violating the constitution.

Contents

 1Origin

 2Powers and duties

o 2.1Duty

o 2.2Legislative powers

o 2.3Executive powers

o 2.4Judicial powers

o 2.5Appointment powers

o 2.6Financial powers

o 2.7Diplomatic powers

o 2.8Military powers

o 2.9Pardoning powers

o 2.10Emergency powers

 2.10.1National emergency

 2.10.2State emergency

 2.10.3Financial emergency

 3Selection process

o 3.1Eligibility

 4Time of election

o 4.1Conditions for the presidency

o 4.2Election process

o 4.3Oath or affirmation
 5Emoluments

 6Impeachment

 7Succession

 8President versus chief justice

 9President versus Prime minister

 10Important presidential interventions in the past

o 10.1Proving majority in the parliament

o 10.2Proof of Majority to form a Government

o 10.3Vetoing of a Bill

o 10.4Rashtrapati Bhavan communiqués

o 10.5Return of a Bill

o 10.6Sacking state governors

o 10.7Living former presidents

 11See also

 12References

 13External links

Origin

Presidential Standard of India (1950–1971)

India achieved independence from the British on 15 August 1947, initially as

a dominion within the Commonwealth of Nations with George VI as king,
represented in the country by a governor-general.[3] Still, following this,
the Constituent Assembly of India, under the leadership of B.R.Ambedkar,
undertook the process of drafting a completely new constitution for the
country. The Constitution of India was eventually enacted on 26 November
1949 and came into force on 26 January 1950,[4]:26 making India a republic.
 The offices of monarch and governor-general were replaced by the new
[5]:9

office of President of India, with Rajendra Prasad as its first incumbent.[5]:1

The Indian constitution accords with the president, the responsibility and
authority to defend and protect the Constitution of India and its rule of law.
[6]
Invariably, any action taken by the executive or legislature entities of the
constitution shall become law only after the president's assent. The president
shall not accept any actions of the executive or legislature which are
unconstitutional. The president is the foremost, most empowered and prompt
defender of the constitution (Article 60), who has pre-emptive power for
ensuring constitutionality in the actions of the executive or legislature. The
role of the judiciary in upholding the Constitution of India is the second line of
defence in nullifying any unconstitutional actions of the executive and
legislative entities of the Indian Union.

Powers and duties

Under the draft constitution the President occupies the same position as the
King under the English Constitution. He is the head of the state but not of the
Executive. He represents the Nation but does not rule the Nation. He is the
symbol of the Nation. His place in the administration is that of a ceremonial
device on a seal by which the nation's decisions are made known.

— Bhimrao Ambedkar, chairperson of the drafting committee of the Constituent

Assembly of India, [7]

Duty
The primary duty of the president is to preserve, protect and defend the
constitution and the law of India as made part of his oath (Article 60 of Indian
constitution).[6] The president is the common head of all independent
constitutional entities. All his actions, recommendations (Article 3, Article
111, Article 274, etc.) and supervisory powers (Article 74(2), Article 78C,
Article 108, Article 111, etc.) over the executive and legislative entities of
India shall be used in accordance to uphold the constitution. [8] There is no bar
on the actions of the president to contest in the court of law.[9]

Legislative powers
Legislative power is constitutionally vested by the Parliament of India of
which the president is the head, to facilitate the lawmaking process per the
constitution (Article 78, Article 86, etc.). The president summons both the
houses (The House of the People and 'The Council of States') of
the parliament and prorogues them. He can dissolve the Lok Sabha.[4]:147
The president inaugurates parliament by addressing it after the general
elections and also at the beginning of the first session every year per Article
87(1). The presidential address on these occasions is generally meant to
outline the new policies of the government.[10]:145
All bills passed by the parliament can become laws only after receiving the
assent of the president per Article 111. After a bill is presented to him, the
president shall declare either that he assents to the Bill, or that he withholds
his assent from it. As a third option, he can return a bill to parliament, if it is
not a money bill, for reconsideration. President may be of the view that a
particular bill passed under the legislative powers of parliament is violating
the constitution, he can send back the bill with his recommendation to pass
the bill under the constituent powers of parliament following the Article
368 procedure. When, after reconsideration, the bill is passed accordingly and
presented to the president, with or without amendments, the president cannot
withhold his assent from it. The president can also withhold his assent to a
bill when it is initially presented to him (rather than return it to parliament)
thereby exercising a pocket veto on the advice of prime minister or council of
ministers per Article 74 if it is inconsistent to the constitution.[9] Article 143
gave power to the president to consult the supreme court about the
constitutional validity of an issue. The president shall assent to constitutional
amendment bills without power to withhold the bills per Article 368 (2).
When either of the two Houses of the Parliament of India is not in session, and
if the government feels the need for an immediate procedure, the president
can promulgate ordinances which have the same force and effect as an act
passed by parliament under its legislative powers. These are in the nature of
interim or temporary legislation and their continuance is subject to
parliamentary approval. Ordinances remain valid for no more than six weeks
from the date the parliament is convened unless approved by it earlier.
[11]
Under Article 123, the president as the upholder of the constitution shall be
satisfied that immediate action is mandatory as advised by the union cabinet
and he is confident that the government commands majority support in the
parliament needed for the passing of the ordinance into an act and parliament
can be summoned to deliberate on the passing of the ordinance as soon as
possible. The promulgated ordinance is treated as an act of parliament when
in force and it is the responsibility of the president to withdraw the ordinance
as soon as the reasons for promulgation of the ordinance are no longer
applicable. Bringing laws in the form of ordinances has become a routine
matter by the government and president, but the provisions made in Article
123 are meant for mitigating unusual circumstances where immediate action
is inevitable when the extant provisions of the law are inadequate. Re-
promulgation of an ordinance after failing to get approval within the stipulated
time of both houses of parliament is an unconstitutional act by the president.
[12]
The president should not incorporate any matter in an ordinance which
violates the constitution or requires an amendment to the constitution. The
president should take moral responsibility when an ordinance elapses
automatically or is not approved by the parliament or violates the
constitution.[13]

Executive powers
The President of the Indian Union will be generally bound by the advice of his
Ministers. [...] He can do nothing contrary to their advice nor can do anything
without their advice. The President of the United States can dismiss any
Secretary at any time. The President of the Indian Union has no power to do
so long as his Ministers command a majority in Parliament

— Bhimrao Ambedkar, chairperson of the drafting committee of the Constituent

Assembly of India, [7]
Per Article 53, the executive power of the country is vested in the president
and is exercised by president either directly or through officers subordinate to
him in accordance with the constitution. When parliament thinks fit it may
accord additional executive powers to the president per Article 70 which may
be further delegated by the president to the governors of states per Article
160. Union cabinet with prime minister as its head, should aid and advice the
president in performing his functions. Per Article 74 (2), the council of
ministers or prime minister are not accountable legally to the advice tendered
to the president but it is the sole responsibility of the president to ensure
compliance with the constitution in performing his duties. President or his
subordinate officers is bound by the provisions of the constitution
notwithstanding any advice by union cabinet.[14]
Per Article 142, it is the duty of the president to enforce the decrees of the
supreme court.

Judicial powers
The primary duty of the president is to preserve, protect and defend the
constitution and the law of India per Article 60. The president appoints
the Chief Justice of India and other judges on the advice of the chief justice.
He dismisses the judges if and only if the two Houses of the parliament pass
resolutions to that effect by a two-thirds majority of the members present.[15]
The Indian government's chief legal adviser, Attorney General of India, is
appointed by the president of India under Article 76(1) and holds office during
the pleasure of the president. If the president considers a question of law or a
matter of public importance has arisen, he can also ask for the advisory
opinion of the supreme court per Article 143. Per Article 88, the president can
ask the attorney general to attend the parliamentary proceedings and report
to him any unlawful functioning if any.[16]

Appointment powers
The president appoints as prime minister, the person most likely to command
the support of the majority in the Lok Sabha (usually the leader of the
majority party or coalition). the president then appoints the other members of
the Council of Ministers, distributing portfolios to them on the advice of the
prime minister.[17]:72 The Council of Ministers remains in power at the 'pleasure'
of the president.
The president appoints 12 members of the Rajya Sabha from amongst persons
who have special knowledge or practical experience in respect of such
matters as literature, science, art and social service. The president may
nominate not more than two members of Anglo Indian community as Lok
Sabha members per Article 331
Governors of states are also appointed by the president who shall work at the
pleasure of the president. Per Article 156, the president is empowered to
dismiss a governor who has violated the constitution in his acts.
The president is responsible for making a wide variety of appointments. These
include:[17]:72
 The chief justice and other judges of the Supreme Court of India and
state/union territory high courts.

 The Chief Minister of the National Capital Territory of Delhi (Article 239
AA 5 of the constitution).

 The Comptroller and Auditor General.

 The Chief Election Commissioner and other Election Commissioners.

 The Chairman and other Members of the Union Public Service

Commission.

 The Attorney General.

 Ambassadors and High Commissioners to other countries (only through

the list of names given by the prime minister).[18][19]:48

 Officers of the All India Services (IAS, IPS and IFoS), and other Central
Civil Services in Group 'A'.
Financial powers

 A money bill can be introduced in the parliament only with the

president's recommendation.

 The president lays the Annual Financial Statement, i.e. the Union
budget, before the parliament.

 The president can take advances out of the Contingency Fund of India
to meet unforeseen expenses.

 The president constitutes a Finance commission after every five years

to recommend the distribution of the taxes between the centre and the
States.[20][21]:48
Diplomatic powers
All international treaties and agreements are negotiated and concluded on
behalf of the president.[22]:18 However, in practice, such negotiations are usually
carried out by the prime minister along with his Cabinet (especially
the Foreign Minister). Also, such treaties are subject to the approval of the
parliament. The president represents India in international forums and affairs
where such a function is chiefly ceremonial. The president may also send and
receive diplomats, i.e. the officers from the Indian Foreign Service.[10]:143 The
president is the first citizen of the country.[18]

Military powers
The president is the Supreme Commander of the Indian Armed Forces. The
president can declare war or conclude peace,[18] on the advice of the Union
Council of Ministers headed by the prime minister. All important treaties and
contracts are made in the president's name.[23]

Pardoning powers
See also: Presidential pardon
As mentioned in Article 72 of the Indian constitution, the president is
empowered with the powers to grant pardons in the following situations:[18]

 Punishment is for an offence against Union law.

 Punishment is by a military court.

 A sentence that is of death.[23]

The decisions involving pardoning and other rights by the president are
independent of the opinion of the prime minister or the Lok Sabha majority. In
most cases, however, the president exercises his executive powers on the
advice of the prime minister and the cabinet.[17]:239[24]

Emergency powers
The president can declare three types of emergencies: national, state and
financial, under articles 352, 356 & 360 in addition to promulgating
ordinances under article 123.[22]:12
National emergency
See also: The Emergency (India)
A national emergency can be declared in the whole of India or a part of its
territory for causes of war or armed rebellion or an external aggression. Such
an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-
Pakistan war),[25] and 1975 to 1977 (declared by Indira Gandhi).[see main]
Under Article 352 of the India constitution, the president can declare such an
emergency only on the basis of a written request by the cabinet of ministers
headed by the prime minister. Such a proclamation must be approved by the
parliament with an at least two-thirds majority within one month. Such an
emergency can be imposed for six months. It can be extended by six months
by repeated parliamentary approval-there is no maximum duration.[22][page needed]
In such an emergency, Fundamental Rights of Indian citizens can be
suspended.[4]:33 The six freedoms under Right to Freedom are automatically
suspended. However, the Right to Life and Personal Liberty cannot be
suspended (Article 21).[26]:20.6
The president can make laws on the 66 subjects of the State List (which
contains subjects on which the state governments can make laws).[27] Also, all
money bills are referred to the president for approval.[21]:88 The term of the Lok
Sabha can be extended by a period of up to one year, but not so as to extend
the term of parliament beyond six months after the end of the declared
emergency.[17]:223
National Emergency has been proclaimed 3 times in India till date. It was
declared first in 1962 by President Sarvepalli Radhakrishnan, during the Sino-
Indian War. This emergency lasted through the Indo-Pakistani War of 1965 and
up to 1968. It was revoked in 1968. The second emergency in India was
proclaimed in 1971 by President V. V. Giri on the eve of the Indo-Pakistani War
of 1971. The first two emergencies were in the face of external aggression
and War. They were hence external emergencies. Even as the second
emergency was in progress, another internal emergency was proclaimed by
President Fakhruddin Ali Ahmed, with Indira Gandhi as prime minister in 1975.
In 1977, the second and the third emergencies were together revoked.
State emergency
See also: Federalism in India
If the president is not fully satisfied, on the basis of the report of the governor
of the concerned state or from other sources that the governance in a state
cannot be carried out according to the provisions in the constitution, he can
proclaim under Article 356 a state of emergency in the state.[6] Such an
emergency must be approved by the parliament within a period of 2 months.
Under Article 356 of the Indian constitution, it can be imposed from six
months to a maximum period of three years with repeated parliamentary
approval every six months. If the emergency needs to be extended for more
than three years, this can be achieved by a constitutional amendment, as has
happened in Punjab and Jammu and Kashmir.
During such an emergency, the president can take over the entire work of the
executive, and the governor administers the state in the name of the
president. The Legislative Assembly can be dissolved or may remain in
suspended animation. The parliament makes laws on the 66 subjects of the
state list[28] (see National emergency for explanation).
A State Emergency can be imposed via the following:

1. By Article 356 – If that state failed to run constitutionally, i.e.

constitutional machinery has failed. When a state emergency is
imposed under this provision, the state is said to be under "President's
rule.[29]:159

2. By Article 365 – If that state is not working according to the direction of

the Union government issued per the provisions of the constitution. [30]
This type of emergency needs the approval of the parliament within 2 months.
It can last up to a maximum of three years via extensions after each 6-month
period. However, after one year it can be extended only if

1. A state of National Emergency has been declared in the country or in

the particular state.

2. The Election Commission finds it difficult to organise an election in that

state.
The Sarkaria Commission held that presidents have unconstitutionally
misused the provision of Article 356 many times for achieving political
motives, by dismissing the state governments although there was no
constitutional break down in the states.[31] During 2005, President's rule was
imposed in Bihar state, misusing Article 356 unconstitutionally to prevent the
democratically elected state legislators to form a government after the state
elections.
There is no provision in the constitution to re-promulgate president's rule in a
state when the earlier promulgation ceased to operate for want of
parliaments approval within two months duration. During 2014 in Andhra
Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to
operate on 30 April 2014. President's rule was promulgated after being fully
aware that the earliest parliament session is feasible at the end of May 2014
after the general elections. It was reimposed again unconstitutionally on 28
April 2014 by the president.[32][33]
Financial emergency
Article 282 accords financial autonomy in spending the financial resources
available with the states for public purpose.[6][34] Article 293 gives liberty to
states to borrow without any limit to its ability for its requirements within the
territory of India without any consent from the Union government. However,
Union government can insist for compliance of its loan terms when a state
has outstanding loan charged to the consolidated fund of India or an
outstanding loan in respect of which a guarantee has been given by the
Government of India under the liability of consolidated fund of India. [35]
Under article 360 of the constitution, the president can proclaim a financial
emergency when the financial stability or credit of the nation or of any part of
its territory is threatened.[6] However, until now no guidelines defining the
situation of financial emergency in the entire country or a state or a union
territory or a panchayat or a municipality or a corporation have been framed
either by the finance commission or by the central government.
Such an emergency must be approved by the parliament within two months by
a simple majority. It has never been declared.[36]:604 A state of financial
emergency remains in force indefinitely until revoked by the president. [17]:195
The president can reduce the salaries of all government officials, including
judges of the supreme court and high courts, in cases of a financial
emergency. All money bills passed by state legislatures are submitted to the
president for approval. He can direct the state to observe certain principles
(economy measures) relating to financial matters.[37]

Selection process
Eligibility
Article 58 of the constitution sets the principal qualifications one must meet
to be eligible to the office of the president. A president must be:

 a citizen of India

 of 35 years of age or above

 qualified to become a member of the Lok Sabha

A person shall not be eligible for election as President if he holds any office of
profit under the Government of India or the Government of any State or under
any local or other authority subject to the control of any of the said
Governments.
Certain office-holders, however, are permitted to stand as presidential
candidates. These are:

 The current vice-president

 The governor of any state

 A Minister of the Union or of any state (including prime

minister and chief ministers)[17]:72
In the event that the vice-president, a state governor or a minister is elected
President, they are considered to have vacated their previous office on the
date they begin serving as President.
A member of parliament or of a State Legislature can seek election to the
office of the president but if he is elected as President, he shall be deemed to
have vacated his seat in parliament or State Legislature on the date on which
he enters upon his office as President [Article 59(1)].
Article 57 provides that a person who holds, or who has held, office as
President shall, subject to the other provisions of this constitution, be eligible
for re-election to that office.
Under the Presidential and Vice-Presidential Elections Act, 1952,[38] a
candidate to be nominated for the office of president needs 50 electors as
proposers and 50 electors as seconders for his name to appear on the ballot.
[39]

Time of election
Article 56(1) of the constitution provides that the president shall hold office
for a term of five years from the date on which he enters upon his office.
According to Article 62, an election to fill a vacancy caused by the expiration
of the term of office of President shall be completed before the expiration of
the term. An election to fill a vacancy in the office of President occurring by
reason of his death, resignation or removal, or otherwise shall be held as soon
as possible after, and in no case later than six months from, the date of
occurrence of the vacancy; and the person elected to fill the vacancy shall,
subject to the provisions of Article 56, be entitled to hold office for the full
term of five years from the date on which he enters upon his office. To meet
the contingency of an election to the office of President not being completed
in time due to unforeseen circumstances like countermanding of election due
to death of a candidate or on account of postponement of the poll for any valid
reason, Article 56(1)(c) provides that the president shall, notwithstanding the
expiration of his term, continue to hold office until his successor enters upon
his office.

Conditions for the presidency

Main article: Electoral College (India)
Certain conditions, per Article 59 of the Indian constitution, debar an
otherwise eligible citizen from contesting the presidential elections. The
conditions are:

 The president shall not be a member of either house of the parliament

or of a house of the legislature of any state, and if a member of either
house of the parliament or of a house of the legislature of any state be
elected President, he shall be deemed to have vacated his seat in that
house on the date on which he enters upon his office as President.

 The president shall not hold any other office of profit.

 The president shall be entitled without payment of rent to the use of his
official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by parliament by law and
until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.

 The emoluments and allowances of the president shall not be

diminished during his term of office.[36]:170
Election process
Whenever the office becomes vacant, the new president is chosen by
an electoral college consisting of the elected members of both houses
of parliament (M.P.s), the elected members of the State Legislative
Assemblies (Vidhan Sabha) of all States and the elected members of the
legislative assemblies (MLAs) of two union territories, i.e., National Capital
Territory (NCT) of Delhi and Union Territory of Puducherry. The election
process of President is more extensive process than prime minister who is
also elected indirectly (not elected by people directly) by the Lok
Sabha members only. Whereas President being the constitutional head with
duties to protect, defend and preserve the constitution and rule of law in
a constitutional democracy with constitutional supremacy, is elected in an
extensive manner by the members of Lok Sabha, Rajya Sabha and state
legislative assemblies in a secret ballot procedure.
The nomination of a candidate for election to the office of the president must
be subscribed by at least 50 electors as proposers and 50 electors as
seconders. Each candidate has to make a security deposit
of ₹15,000 (US$210) in the Reserve Bank of India.[40] The security deposit is
liable to be forfeited in case the candidate fails to secure one-sixth of the
votes polled.
The election is held in accordance with the system of proportional
representation (PR) by means of the single transferable vote (STV) method.
The voting takes place by a secret ballot system. The manner of election of
President is provided by Article 55 of the constitution.[41]
Each elector casts a different number of votes. The general principle is that
the total number of votes cast by Members of parliament equals the total
number of votes cast by State Legislators. Also, legislators from larger states
cast more votes than those from smaller states. Finally, the number of
legislators in state matters; if a state has few legislators, then each legislator
has more votes; if a state has many legislators, then each legislator has fewer
votes.
The actual calculation for votes cast by a particular state is calculated by
dividing the state's population by 1000, which is divided again by the number
of legislators from the State voting in the electoral college. This number is the
number of votes per legislator in a given state. Every elected member of the
parliament enjoys the same number of votes, which may be obtained by
dividing the total number of votes assigned to the members of legislative
assemblies by the total number of elected representatives of the parliament.
Although Indian presidential elections involve actual voting by MPs and MLAs,
they tend to vote for the candidate supported by their respective parties.[42]

Oath or affirmation
The president is required to make and subscribe in the presence of the Chief
Justice of India—or in his absence, the senior-most judge of the supreme
court—an oath or affirmation that he/she shall protect, preserve and defend
the constitution as follows:[43]
I, (name), do swear in the name of God (or solemnly affirm) that I will faithfully
execute the office of President (or discharge the functions of the President) of
the Republic of India, and will to the best of my ability preserve, protect and
defend the Constitution and the law, and that I will devote myself to the
service and well-being of the people of the Republic of India.

— Article 60, Constitution of India

Emoluments
Presidential pay

Date updated Salary (per month)

1 February 2018 ₹5 lakh (US$7,000)

Sources:[44]

The president of India used to receive ₹10,000 (US$100) per month per the
Second Schedule of the constitution. This amount was increased
to ₹50,000 (equivalent to ₹170,000 or US$2,400 in 2018) in 1998. On 11
September 2008, the Government of India increased the salary of the
president to ₹1.5 lakh (equivalent to ₹3.1 lakh or US$4,400 in 2018). This
amount was further increased to ₹5 lakh (US$7,000) in the 2018 Union budget
of India. However, almost everything that the president does or wants to do is
taken care of by an annual ₹225 million (equivalent to ₹470 million or
US$6.6 million in 2018) budget that the Government allots for his or her
upkeep.[45] Rashtrapati Bhavan, the president's official residence, is the
largest Presidential palace in the world.[46][47] The Rashtrapati
Nilayam at Bolarum, Hyderabad and Retreat Building at Chharabra, Shimla are
the official Retreat Residences of the president of India.[48] The official state
car of the president is a custom-built heavily armoured Mercedes Benz
S600 (W221) Pullman Guard.
The former presidents and spouses of deceased presidents are eligible for
pension, furnished accommodation, security, various allowances, etc.[49]

 Presidential amenities

Rashtrapati Bhavan, the official residence of the president, located at New Delhi

Rashtrapati Nilayam is the official retreat of the president located in Hyderabad.

The President's Bodyguards is an elite household cavalry regiment of the Indian

Army.

Air India One is the call sign of any aircraft carrying the president. The aircraft
are operated as VIP flights by the Indian Air Force.
 

A chopper of IAF's special VIP fleet meant for carrying the President of India

Impeachment
Supreme court shall inquire and decide regarding
all doubts and disputes arising out of or in connection with the election of a
president per Article 71(1) of the constitution. supreme court can remove the
president for the electoral malpractices or upon being not eligible to be Lok
Sabha member under the Representation of the People Act, 1951.[50] Subject to
Article 71 (3), parliament made applicable rules/procedure to petition the
supreme court for resolving the disputes only that arise during the election
process of the president but not the doubts that arise from his
unconstitutional actions/deeds or changing Indian citizenship during the
tenure of president which may violate the requisite election qualifications.[51]
The president may also be removed before the expiry of the term
through impeachment for violating the Constitution of India by the Parliament
of India. The process may start in either of the two houses of the parliament.
The house initiates the process by levelling the charges against the president.
The charges are contained in a notice that has to be signed by at least one-
quarter of the total members of that house. The notice is sent up to the
president and 14 days later, it is taken up for consideration.
A resolution to impeach the president has to be passed by a two-thirds
majority of the total number of members of the originating house. It is then
sent to the other house. The other house investigates the charges that have
been made. During this process, the president has the right to defend oneself
through an authorised counsel. If the second house also approves the charges
made by special majority again, the president stands impeached and is
deemed to have vacated their office from the date when such a resolution
stands passed. No president has faced impeachment proceedings so the
above provisions have never been used.[52]
Under Article 361 of the constitution, though the president cannot be
summoned for questioning except on his voluntary willingness to testify in the
court in support of his controversial deeds, the unconstitutional decisions
taken by the president would be declared invalid by the courts. The case
would be decided by the courts based on the facts furnished by the Union
government for the president's role. As clarified by the supreme court in the
case Rameshwar Prasad & Ors vs Union Of India & Anr on 24 January 2006;
though the president cannot be prosecuted and imprisoned during his term of
office, he can be prosecuted after he/she steps down from the post for the
guilty committed during the term of presidency as declared earlier by the
courts.[53] No president has resigned on impropriety to continue in office for
declaring and nullifying his unconstitutional decisions by the courts till now.
No criminal case at least on the grounds of disrespecting constitution is
lodged till now against former presidents to punish them for their
unconstitutional acts; though many decisions taken during the term of a
president have been declared by the supreme court as unconstitutional, mala
fides, void, ultra vires, etc.[54]

Succession
The Office of the president falls vacant in the following scenarios:

1. On the expiry of their term.

2. By reason of death.

3. By reason of resignation.

4. Removal by supreme court.

5. Removal by impeachment.
Article 65 of the Indian constitution says that the vice-president of India will
have to discharge the duties, if the office falls vacant due to any reason other
than the expiry of the term.[26]:20.10 The vice-president reverts to their office
when a new president is elected and enters office. When the president is
unable to act because of absence, illness or any other cause, the vice-
president discharges the president's functions until the president resumes the
duties.
A vice-president who acts as or discharges the functions of the president has
all the powers and immunities of the president and is entitled to the same
emoluments as the president. When a vice-president discharges the duties of
the president, he/she does not function as the Chairperson of the Rajya Sabha.
The Indian parliament has enacted the law—The President (Discharge of
Functions) Act, 1969 —[55] for the discharge of the functions of the president
when vacancies occur in the offices of the president and of the vice-president
simultaneously, owing to removal, death, resignation of the incumbent or
otherwise. In such an eventuality, the chief justice—or in his absence, the
senior most judge of the Supreme Court of India available—discharges the
functions of the president until a newly elected President enters upon his
office or a newly elected Vice-president begins to act as President under
Article 65 of the constitution, whichever is the earlier.[19]:96 For example, in
1969, when President Zakir Husain died in Office, Vice-President V. V.
Giri served as the acting president of India. However, later, V.V Giri resigned
from both posts (Acting President of India and Vice-President of India) as he
became a candidate in the 1969 presidential election in India. In this event,
the then Chief Justice of India, Justice Mohammad Hidayatullah served as the
acting president of India until the next president was elected.

President versus chief justice

President versus Chief Justice of India
 President Chief Justice of India / judiciary

Similar to President to uphold the

The duties of President under his oath is to protect,
constitution and the laws (Third Schedule of
defend and preserve the constitution and the law
the constitution)[6]

The oath is taken in the presence of the

The oath is taken in the presence of the chief justice
president

Removal from office by each house of the

parliament supported by a majority of the
Impeachment by parliament with a majority of not less
total membership of that house and by a
than a two-thirds of the total membership of each
majority of not less than two-thirds of the
house of the parliament for violation of the constitution
members of that house present and voting
as per Article 61.
on the ground of proved misbehaviour or
incapacity as per Article 124(4)

President can be removed by the supreme court

President cannot remove judges once
per Article 71(1) for committing electoral malpractices
appointed by him without impeachment
and upon ceasing to possess the requisite qualifications
process per Article 124.
to be president.

Judiciary/supreme court is also an

An individual heads the autonomous institution of autonomous institution represented by a
President. team of supreme court judges with chief
justice as its chief.

President being head of parliament, Executive and

supreme commander of armed forces is fully
empowered by the constitution to fulfil his judicial
Chief justice/supreme court is also
responsibility. He can also take the expert advise of the
empowered by the constitution to repeal
Attorney General and also chief justice in performing his
the unconstitutional activities of parliament
judicial role. It is President's duty to ensure that every
and executive only after a fair trial.
state's governance is carried on in accordance with the
provisions of the constitution under Articles 355 and
356.

President's prime duty is to prevent unconstitutional Can intervene or nullify the unlawful actions
decisions of union and state governments and of union/state governments and
parliament or state assemblies by denying his unconstitutional laws enacted by the
compulsory assent for making them into applicable
laws. He is the foremost defender of the constitution
who can pre-empt the unconstitutional activities of
executive and legislatures. The other duties of President
are just ceremonial as head of the country which are
attached to him for being protector, defender and
preserver of the constitution. The institution of
President becomes redundant if the president is
confining to other ceremonial duties only.
President has constitutional immunity for his
unconstitutional, mala fides activities during their
tenure but liable for judicial action/punishment for his
unconstitutional activity after the term of presidency.
However, per Article 361 (1), President is answerable to
a court designated by either house of the parliament
with a two-thirds majority for the investigation of a
charge against him under article 61.
President cannot be recalled by the people of India for
not fulfilling his constitutional duties in case parliament
is not impeaching the president or removed by the
supreme court.
President versus Prime minister
President of India versus Prime Minister of India
President
The duties of President under his oath is to protect,
defend and preserve the constitution and the law
The oath is taken in the presence of the chief justice
parliament or a state legislative after
presidential assent only.
Chief justice/judges of supreme court are
also immune from punishment for not
delivering correct judgements or for their
incompetence and mala fides. However,
Judges' verdict can be repealed by a higher
level bench of other judges.
Chief justice/judges of supreme court also
cannot be recalled by the people of India in
case parliament is not impeaching the
judges.
Prime minister / Union cabinet
Swears allegiance to the Constitution of India as
by law established, swears to uphold the
sovereignty and integrity of India and swears to
do right to all manner of people without fear or
favour, affection or ill-will (Third Schedule of the
constitution)[6]
The oath is taken in the presence of the
president
Elected in an extensive manner indirectly by the
members of Lok Sabha, Rajya Sabha, and state
legislative assemblies in a secret ballot conducted by
the Election Commission
Impeachment by parliament with majority of not
less than two-thirds of the total membership of each
house of the parliament for violation of the
constitution as per Article 61
President can be removed by the supreme court
per Article 71(1) for committing electoral
malpractices and upon ceasing to possess the
requisite qualifications to be president
An individual heads the autonomous institution of
President
President being head of parliament, Executive and
supreme commander of armed forces is fully
empowered by the constitution to fulfil his judicial
responsibility. He can also take the expert advise of
the Attorney General and also chief justice in
performing his judicial role. It is the President's duty
to ensure that every state's governance is carried on
in accordance with the provisions of the constitution
under Articles 355 and 356
President's prime function is to prevent
unconstitutional decisions of union and state
governments and parliament or state assemblies by
denying his compulsory assent/government orders
(GO) for making them into applicable laws. He is the
foremost defender of the constitution who can pre-
empt the unconstitutional activities of executive and
legislatures.
President has constitutional immunity for his
unconstitutional, mala fides activities during their
tenure but liable for judicial action / punishment for
his unconstitutional activity after the term of
Elected indirectly by the Lok Sabha members
and secret ballot is not mandatory.
Steps down upon losing majority support in Lok
Sabha.
Similar to prime minister and ministers also.
Union cabinet with Prime minister as its chief is
collectively responsible.
Rest of the governance of the union and
reporting to the president on all important
matters. Being the leader of the majority/ ruling
party in the parliament, union cabinet takes
lead in lawmaking by the parliament needed for
policy finalisation on various aspects, annual
budgets finalisation, planning and
implementation, etc.
Prime minister/Union cabinet shall aid and
advise the president who shall, in the exercise
of his functions, act in accordance with such
advice as long as not unconstitutional. prime
minister shall 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 and on President's
desire submit related information. No minister
shall decide on any matter without the council
of ministers/ union cabinet approval per Article
78.
The union cabinet has constitutional immunity
from legal proceedings in any court for their
mala fide and unconstitutional advice tendered
by union ministers to the president per Article
presidency 74 (2).

President cannot escape from his constitutional duty

by citing constitutional amendment to Article 74
(para 2 of 1) which makes him abide by the Union
cabinet's advice after sending for reconsideration. As The union cabinet may escape from the
clarified by the supreme court, the object of Article punishment or responsibility for implementing
74 (2) is only to make the question whether the unconstitutional laws citing Article 74 (2).
president had followed the advice of the union
cabinet or acted contrary thereto, non-justiciable.
Refer page Article 74#Court cases for more clarity

President cannot be recalled by the people of India
for not fulfilling his constitutional duties in case
parliament is not impeaching the president or
removed by the supreme court or resigns on his own
on moral grounds
Prime minister/ union cabinet cannot be
recalled by the people of India till the end of his
term in case he is not losing majority support in
Lok Shaba or resigns on his own on moral
grounds.

Important presidential interventions in the past

The president's role as defender of the constitution and the powers as Head of
State, especially in relation to those exercised by the prime minister as leader
of the government, have changed over time. In particular, Presidents have
made a number of interventions into government and lawmaking, which have
established and challenged some conventions concerning presidential
intervention.

Proving majority in the parliament

Main article: Vote of confidence
In 1979, Prime Minister Charan Singh, did not enjoy a parliamentary majority.
He responded to this by simply not advising the president to summon
parliament.[18] Since then, presidents have been more diligent in directing
incoming Prime Ministers to convene parliament and prove their majority
within reasonable deadlines (2 to 3 weeks). In the interim period, the Prime
Ministers are generally restrained from making policy decisions.

Proof of Majority to form a Government

Since the 1990s, Parliamentary elections have generally not resulted in a
single party or group of parties having a distinct majority, until the 2014 Lok
Sabha elections when BJP received a clear majority. In such cases,
presidents have used their discretion and directed Prime Ministerial aspirants
to establish their credentials before being invited to form the government.
Typically, the aspirants have been asked to produce letters from various party
leaders, with the signatures of all the MPs who are pledging support to their
candidature. This is in addition to the requirement that a prime minister prove
he has the support of the Lok Sabha (by a vote on the floor of the house)
within weeks of being sworn into office.[56][57]
Vetoing of a Bill
See also: Pocket veto and Zail Singh
Since the Indian constitution does not provide any time limit within which the
president is to declare his assent or refusal, the president could exercise a
"pocket veto" by not taking any action for an indefinite time. The veto was
used in 1986 by President Zail Singh over the Postal Bill. The president did not
give assent to the bill, arguing that its scope was too sweeping and would
give the government arbitrary powers to intercept postal communications
indiscriminately.[52][58][59]

Rashtrapati Bhavan communiqués

In the late 1990s, President K. R. Narayanan introduced explaining to the
nation (by means of Rashtrapati Bhavan communiqués), the thinking that led
to the various decisions he took while exercising his discretionary powers;
this has led to openness and transparency in the functioning of the president.
[60]

Return of a Bill
See also: Office of profit
The constitution gives the president the power to return a bill unsigned but it
circumscribes the power to send it back only once for reconsideration. If the
parliament sends back the bill with or without changes, the president is
obliged to sign it. In mid-2006, President A. P. J. Abdul Kalam sent back a
controversial bill regarding the exclusion of certain offices from the scope of
'offices of profit', the holding of which would disqualify a person from being a
member of parliament.[61] The combined opposition, the NDA, hailed the move.
The UPA chose to send the bill back to the president without any changes
and, after 17 days, Kalam gave his assent on 18 August 2006.[62][63]

Sacking state governors

VICE PRESIDENT

Vice President of India

From Wikipedia, the free encyclopedia
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Vice President of India

State Emblem of India

 Flag of India

Incumbent
Muppavarapu Venkaiah Naidu
since 11 August 2017

Style The Honourable (formal)

Mr. Vice President (informal)

Abbreviation VP

Residence Vice President's House

Appointer Electoral College of India

Term length Five years

Renewable

Inaugural holder Sarvepalli Radhakrishnan (1952–1962)

Salary ₹400,000 (US$5,600) per month [1]

Website vicepresidentofindia.nic.in

India

This article is part of a series on the

politics and government of
India
 Constitution and law[show]

Government of India[show]

Elections[show]

Federalism[show]

 Other countries
 Atlas

 v
 t
 e

The Vice President of India is the second-highest constitutional office in India

after the President.[2] Article 63 of Indian Constitution states that "There shall
be a Vice President of India." The Vice President acts as President in the
absence of the president due to death, resignation, impeachment, or other
situations.
The Vice President of India is also ex officio Chairperson of the Rajya Sabha.
When a bill is introduced in Rajya Sabha, the vice president decides whether
it is a financial bill or not. If he is of the opinion, a bill introduced in the Rajya
Sabha is a money bill, he would refer the case to the Speaker of the Lok
Sabha for deciding it.
Article 66 of the Indian Constitution states the manner of election of the Vice
President. The Vice President is elected indirectly by members of an electoral
college consisting of the members of both Houses of Parliament in
accordance with the system of Proportional Representation by means of
the Single transferable vote and the voting is by secret ballot conducted
by election commission.[3] The Vice President of India also acts as the
Honourable Chancellor of Panjab University, Chandigarh.
Venkaiah Naidu is the Vice President of India. He defeated UPA's
candidate Gopalkrishna Gandhi on 5 August 2017 election.

Contents

 1Election, Oath and Term

o 1.1Qualifications

o 1.2Election

o 1.3Election disputes
 o 1.4Oath or Affirmation

 2Term

 3Removal

 4Salary and pension

 5List of Vice Presidents of India

 6See also

 7References

 8External links

Election, Oath and Term

Qualifications
As in the case of the President, in order to be qualified to be elected as Vice
President, a person must:[4]

 Be a citizen of India

 Have completed more than 35 years of age

 Not hold any office of profit

While in order to be a President, a person must be qualified for election as a
member of the Lok Sabha (House of Peoples), the Vice President must be
qualified for election as a member of the Rajya Sabha (Council of States).
[2]
This difference is because the Vice President is to act as the ex
officio Chairman of the Rajya Sabha.

Election
The Vice President is elected indirectly, by an electoral college consisting of
members (elected as well as nominated) of both houses of the Parliament.
The election of the Vice President is slightly different from the election of the
President as the members of state legislatures are not part of the electoral
college but the nominated members of both the houses are part of electoral
college for the vice presidential election.
The nomination of a candidate for election to the office of the 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 Rs.15,000 in
the Reserve Bank of India. The Election Commission of India, which is a
constitutional autonomous body, conducts the election. The election is to be
held no later than 60 days of the expiry of the term of office of the outgoing
Vice President. A Returning Officer is appointed for the election, usually the
Secretary-General of either House of the Parliament, by rotation. The
Returning Officer issues a public notice of the intended election, inviting
nomination of candidates. Any person qualified to be elected and intending to
stand for election is required to be nominated by at least twenty Members of
Parliament as proposers, and at least twenty other Members of Parliament as
seconders. The nomination papers are scrutinized by the Returning Officer,
and the names of all eligible candidates are added to the ballot.
The election is proportional representation by means of a single transferable
vote by secret ballot. Voters stack-rank the candidates, assigning 1 to their
first preference, 2 to their second preference, and so on. The number of votes
required by a candidate to secure the election is calculated by dividing the
total number of valid cast votes by two, and adding one to the quotient by
disregarding any remainder. If no candidate obtains the required number of
first-preference votes, the candidate with the fewest first-preference votes is
eliminated and his/her second-preference votes are transferred. The process
is repeated until a candidate obtains the requisite number of votes.
Nominated members can also participate in the election.[5]
After the election has been held and the votes counted, the Returning Officer
declares the result of the election to the electoral college. Thereafter, he/she
reports the result to the Central Government (Ministry of Law and Justice) and
the Election Commission of India and the Central Government publishes the
name of the person elected as Vice President, in the Official Gazette.
The Vice President may resign his office by submitting his resignation to the
President. The resignation becomes effective from the day it is accepted.

Election disputes
All disputes arising in connection with the election of the Vice President are
petitioned to the Supreme Court of India, which inquires into the matter. The
petition is heard by a five-member bench of the Supreme Court, which decides
on the matter. The decision of the Supreme Court is final.[5]
Supreme Court shall inquire and decide regarding doubts and disputes arising
out of or in connection with the election of a Vice President per Article
71(1) of the constitution. Supreme Court can remove the Vice President for
the electoral malpractices or upon being not eligible to be Rajya Sabha
member under the Representation of the People Act, 1951.[6] Subject to Article
71 (3), Parliament made applicable rules/procedure to petition the Supreme
Court for resolving the disputes only that arise during the election process of
the vice president but not the doubts that arise from his unconstitutional
actions/deeds or changing Indian citizenship during the tenure of vice
president which may violate the requisite election qualifications.[7] Supreme
Court shall also expeditiously decide any doubt raised by which the elected
vice president could be ineligible to be Rajya Sabha member for the
unconstitutional acts committed before becoming vice president. Under
Article 71(1), it is the responsibility of the Supreme Court to inquire and
decide about the so-called unconstitutional acts committed by the Vice
President such as turning down the notice of the Rajya Saba members to
impeach the Chief Justice of India and other judges of Supreme Court and
High Courts per Article 124(4) and Judges (Inquiry) Act,1968.[8]

Oath or Affirmation
The article 69 of the Constitution of India provides the Oath or Affirmation for
the Office of Vice President as follows:-
"I, ________ do swear in the name of God/solemnly affirm that I will bear true
faith and allegiance to solemnly affirm the Constitution of India as by law
established and that I will faithfully discharge the duty upon which I am about
to enter."
The President administers the oath of office and secrecy to the Vice
President.

Term
The Vice President holds office for five years. The Vice President can be re-
elected any number of times. However, the office may be terminated earlier by
death, resignation or removal. The Constitution does not provide a mechanism
of succession to the office of Vice President in the event of an extraordinary
vacancy, apart from a re-election. However, the Deputy Chairman of the Rajya
Sabha can perform the Vice President's duties as the Chairman of the Rajya
Sabha in such an event.

Removal
The Constitution states that the Vice President can be removed by a
resolution of the Rajya Sabha passed by an effective majority (i.e.,majority of
all the then member of the house ) and agreed by the Lok Sabha with simple
majority (Article 67(b)).[2] But no such resolution may be moved unless at least
14 days' advance notice has been given. Notably, the Constitution does not
list grounds for removal. No Vice President has ever faced removal
proceedings.
The omissions in the procedure committed by the chairman or the deputy
chairman in the Rajya Sabha cannot be challenged in the court of law
per Article 122[9]
Supreme Court can also remove the Vice President for committing electoral
malpractices and not fulfilling the eligibility criteria for the Rajya Sabha
member while in office per Article 71(1) of the constitution. Per Article 71(1),
it is also the duty of the Supreme Court to examine the doubts raised in
connection with the conduct of a Vice President and remove the Vice
President if found committing contempt of constitution.

Salary and pension

There is no provision for the salary of the Vice President of India in that
capacity. He or she receives a salary in the capacity as the ex
officio Chairman of the Rajya Sabha (Council of States), which is currently Rs.
1,25,000 per month. In addition, he or she is entitled to a daily allowance, free
furnished residence, medical, travel and other facilities. The constitution
provides that when the ex officio Vice President acts as the President or
discharges the duties of the President, he or she is entitled to the salary and
privileges of the President. The pension for the Vice President is 50% of the
salary.[10]
PROCESS OF FILING FOR ELECTION
A presidential election was held in India on 17 July 2017 with the votes
counted and the results announced on 20 July 2017. Ram Nath Kovind became
14th President of India. President Pranab Mukherjee, whose term of office
was due to expire on 24 July 2017,[2] declined to seek re-election due to health
concerns and old age.
Governor of Bihar Ram Nath Kovind of the Bharatiya Janata Party had the
backing of the governing National Democratic Alliance coalition, and went up
against opposition candidate Meira Kumar of the Indian National Congress in
the vote. Kovind secured roughly two thirds of the votes from the electoral
college of elected members of federal, state and union territory legislatures
and was elected to a five-year term as President.[3] Kovind's term of office
began on 25 July 2017.

Background[edit]
There was initial speculation that the incumbent, Pranab Mukherjee, would
seek re-election. However, he decided not to run again in 2017, meaning that
his term in office ended on 24 July 2017.[4]

Selection process[edit]
Further information: President of India § Selection process, and Electoral
College (India)
The President of India is indirectly elected by an electoral college consisting
of the elected members of both houses of parliament, the elected members of
the Legislative assemblies of the 29 states and the elected members of the
legislative assemblies of the Union Territories of Delhi and Puducherry.[5] As of
2017, the electoral college comprises 777 MPs and 4,120 MLAs. The system
assigns varying numbers of votes to these electoral college members, such
that the total weight of MPs and those of MLAs is roughly equal and that the
voting power of states and territories are proportional to their population.
Overall the members of the electoral college were eligible to cast 1,098,903
votes, yielding a threshold for a majority of 549,452 votes.[6]
The nomination of a candidate for election to the office of the President must
be subscribed by at least 50 electors as proposers and 50 electors as
seconders. The election is held by means of a secret ballot under the single
transferable vote system. The manner of election of President is provided by
Article 55 of the Constitution.[7][8]
The returning officer for the election was Anoop Mishra, the Secretary
General of Lok Sabha.