Agenda

1. Quiz
2. Syllabus
3. Introduction to the chapter - article

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 The Union Executive

-The President and Vice President

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 Syllabus
(revised)

• Quali cations for election

• Composition of Electoral College
• Reasons for indirect election
• Term of o ce
• Procedure for impeachment.
• Powers (executive, legislative, discretionary and emergency).
• The Vice-President: Quali cations for election and term of o ce.

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President Ram Nath Kovind invites Modi to form the
government
Published on May 25, 2019
President Ram Nath Kovind on Saturday asked Prime Minister The following news article
Narendra Modi to decide the council of ministers and the date tells us about one of the
of his swearing-in ceremony
m a n y f u n ct i o n s o f t h e
The President also appointed Modi to the office of Prime
Minister of India, news issued by the Rashtrapati Bhavan President of India. 
said
Kovind requested Modi to advise him about the names of others
to be appointed members of the Union Council of Ministers;
and indicate the date and time of the swearing-in ceremony to
be held at the Rashtrapati Bhavan, it said
Modi was formally intimated when he called on the president
at the Rashtrapati Bhavan this evening in his capacity as the
leader of the BJP Parliamentary Party, which has majority
support in the House of the People following the general
election to the 17th Lok Sabha
A letter stating that Mr. Modi has been elected the leader of
the BJP parliamentary party along with letters of support
from NDA constituent parties were handed over to the
President. Talking to media persons at Rashtrapati Bhawan
after meeting Mr. Kovind, Mr. Modi said, the President has
invited him to form the next government V.SANJANAA
.

Answer the followin

1.Why do you think, President, invited Narendra Modi to form the government?

2.What do you think is the role of the President in this situation?

3.Did any part of the article made you feel that there are some restrictions to the
Power of the President? 


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UNION EXECUTIVE

PRESIDENT

VICE PRESIDENT

PRIME MINISTER

COUNCIL OF MINISTERS

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The President

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 President
Head of the Executive
Head of the Country
First Citizen of the Country
But India, follows a parliamentary form of govt and not presidential
Therefore, President is to act on the advice of the Council of
Ministers with the Prime Minister as the head
Real head- Prime Minister. Nominal Head- President
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 Quali ications
1. Is a citizen of India.
2. Has completed an age of 35 years.
3. Should be quali ied for elections as member of the Lok Sabha.
4. Should not hold any of ice of pro it under the Government of India or Government of any
State or any other public authority. However,
A person is not deemed to hold an Office of Profit in case he is President or
Vice-President or Governor or a Minister(Union or any state)

A person holding the office of the Speaker of Lok Sabha or of State Assembly
may contest Presidential election. If elected it shall be deemed to have vacated
his seat in that House on the day he enters upon his office as President

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 Term of Of ice
• The President holds the o ce for a term of 5 years from the date on which he enters
the o ce and is eligible for re-election
• The Chief Justice of India administers the oath of o ce to the President.
• The President may resign before the completion of his/her term. In that case, he can
submit his resignation to the Vice-President of India. Vice- President will
communicate to the Speaker of the Lok Sabha
• The rst President of India had unique distinction of being elected a second time.
(O ce period- 26th January 1950- 12 May 1962)

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 Agenda

1. Removal
2. Impeachment
3.Video
4. Indirect Election

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 Vacancy
Presidential of ice might fall vacant because of
A. Expiration of the term
B. Death of the president
C. Resignation
D. Removal by Impeachment
An election to ill vacancy by expiration of term will be held before the expiration of
the term and the President continues to hold of ice till the successor enters of ice
If vacancy happens due to other reasons- a new President will be elected within 6
months

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 Procedure of Impeachment
The President can be removed from the of ice for violation of the Constitution by
Impeachment
The resolution to impeach the President may be moved in either house of Parliament.
The proposal to prefer such charge is contained in a resolution which has been moved after at
least fourteen days’ notice in writing signed by not less than one-fourth of the total number of
members of the House has been given of their intention to move the resolution
It must be passed by 2/3rds majority of the total membership of the 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 has also the right to be defended by a Counsel or Lawyer.
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 of ice from the date on which the resolution is passed

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 The Procedure of Election

1. The President is the Head of Indian Union(Central)

2. Presidential powers extend both to the Union
government as well as state government
3. Presidential election not only MP’s but MLA’s also vote

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 Four reasons for adopting Indirect method of election

1. The power really resided in the Council of Ministers , headed by

President is elected
the Prime Minister and the Union Parliament and not in the
Indirectly by the
members of the President as such- therefore, it would be a deviation if a person
Electoral College is elected by people but is not given any real power
2. The framers of the Constitution wanted the Presidential election
to remain a quiet and digni ed manner as they believed that
tremendous loss of time and money will be there if there was to
be a direct election
3. It would be di cult to provide an electoral machinery for an
election in which millions of people would participate
4. A direct election would place too much power in the hands of the
masses, many of whom being illiterate even now

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 Composition of electoral college

President is elected
Indirectly by the
President is elected by the members of an
members of the
Electoral College electoral college consisting of -

A. The elected members of both

Houses of the Parliament
B. Elected members of the
Legislative Assemblies of the
states

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Divided by 1000-
as it is the
standard
number given by
Census

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 AGENDA

1. Impeachment low chart

2.Breakout room- 15 mins
3. Breakout room member explanations

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SYLLABUS

2.Legislative

1.Executive
Powers of the president 3.Emergency

4.Discretionary

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 1.Executive powers
1.He/She is the head of Union Executive and all executive orders are issued in his/her name.
2.He/She appoints the Prime Minister and the Council of Ministers (CoM) on Prime Minister’s advice. It is the
duty of the PM to communicate to the President all decisions of the Council of Ministers
3.He/She appoints the Attorney General of India , Comptroller and Auditor General of India, Chief
Justice and the Judges of the Supreme Court and the High Courts, the Governors and Ambassadors.
The President also appoints members of the Finance commission, the Union Public Service Commission, the
Chief Election Commissioner and other members of Election Commission. He/she also has the power to
remove the misters, the Attorney General, Governors and other dignitaries of the state.
4.Union Territories and the Border Areas Administration is the responsibility of the President and he/she acts as
an Administrator with such designation as the President may specify.
5. Control over the state governments: The Union govt may give necessary directions to a state. DURING
PRESIDENT’S RULE THE CONTROL OF THE UNION GOVERNMENT OVER STATES IS COMPLETE.

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 2.Legislative powers
1&2 are
1.The President has the power to summon, and prorogue(discontinue a session without
nominal dissolving) the Houses and to dissolve the Lok Sabha. The power to summon the Parliament is
powers- to subject to the condition that six months shall not intervene between the last sitting in one session
be done on
advice of PM
and irst sitting in the next session
and council 2. Nominating members : The President nominates 14 members to the Parliament that is 12 to
of ministers
the Rajya Sabha and 2 to the Lok Sabha. He/she nominates 12 members to Rajya Sabha , who
have accomplished experiences and have special knowledge in ields of sports, literature, science,
arts, social service etc. The President may also nominate two members from Anglo Indian
community to the Lok Sabha- in case it is not adequately represented.
3. Right to address and send messages: President addresses both the Houses of Parliament
assembled together at the irst session after each General Election and at the commencement of
the irst session each year. He/she may address either House or their Joint sitting at any time.The
President can send message to either House of the Parliament, at any point with regard to any
matter of importance
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 2.Legislative powers
4.Assent to legislation: The President may give assent to the Bill or may refuse assent to
the Bill or may 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 both Houses of Parliament with or without
amendment, the President must give his assent there to
5. Previous sanction to the introduction of a Bill: Money bills cannot be introduced
except on recommendation of the President.Similarly a Bill for the formation of new states
cannot be introduced except on his recommendation
6.President’s Assent to State Bills: A Bill passed by State Legislature may be reserved by the
Governor for the consideration of President. The President can refuse to assent to a Bill
reserved for his /her consideration and can send it back for reconsideration. A Bill affecting
the powers of the High Court must always be reserved for consideration of President
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 2.Legislative powers
7. POWER TO PROMULGATE ORDINANCES: An ordinance is a direction or the command of
an authoritative nature.It has the same force and effect as an act of Parliament
This power is subject to limitations:
A. The ordinance can be promulgated at a time when both houses of parliament are not in session.
If one of the houses is not in session, there is no bar to issue ordinance
B. The President must be satis ied that circumstances exist which render it necessary to take action
C. Ordinance should be laid before both houses of parliament when they reassemble.If parliament
disapproves the ordinance it lapses. If it is not disapproved it will automatically cease to operate
it will automatically cease to operate at the expiration of 6 weeks from the reassemble of
parliament. That is the reason why ordinance is regarded as a temporary measure. In meantime
ordinance can be replaced by an Act of Parliament

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 3.Emergency powers
1. An Emergency is a “sudden or unforeseen situation demanding immediate
action”.
2.It is a situation in which the Head of State assumes extraordinary powers
3. President is empowered to declare Emergency in 3 situations
• Emergency caused by war or external aggression or armed rebellion- it
is called as National Emergency
• Emergency on account of the failure of Constitutional machinery in
States
• Emergency on account of threat to inancial stability of India
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 4.Discretionary powers
1.Situations may arise when the President has to exercise Discretion within reasonable limits
The President may withhold assent to a Bill or may send it back for reconsideration, it is not a Money Bill
There is no time limit within which the president is to declare his assent or refusal or return the bill for
reconsideration
In circumstances where there is no leader or no party that has majority in Lok Sabha, the President shall
have freedom to decide who is to be appointed as Prime Minister
In situations of no con idence of the Lok Sabha- the PM might ask for dissolution of House instead of
submitting his resignation. In this situation the President is not bound to act on the advice of PM. The
President should explore the possibility of forming an alternative govt at the centre
A situation may also arise after resignation of the PM several leaders stake their claim to succeed him but
they do not stand much chance of giving a stable govt-so the president can explore the possibility of
forming an alternative govt, failing which he would dissolve the Lok Sabha
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The Vice President

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 VICE PRESIDENT

Vice President-
He is the ex-of icio chairperson of the Rajya Sabha.
2. In case of President‘s illness or absence, the Vice-
President discharges the duties of the
President until the President resumes his duty.
3. In case of death, resignation or removal of the
President, the Vice–President acts as the
President.
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 VICE PRESIDENT-quali ications

1.Indian Citizen
2. Is not less than 35 years of age
3. Is quali ied to be elected a member of the Rajya
Sabha
4. Does not hold any of ice of pro it under the
union or state government.

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 VICE PRESIDENT-term of of ice
1.Five years. He voluntarily resigns from of ice
before the expiry of term by writing a resignation
to the President.
2.If necessary the Vice-President may be removed
from his of ice by a resolution of the Rajya Sabha
passed by a majority of all members and agreed
by the House of People.
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