PRESIDENT CHAPTER NOTES

2021 Syllabus : Qualifications for election, composition of

Electoral College, reason for indirect election, term of office,
procedure for impeachment. Powers (executive, legislative,
discretionary and emergency).

Who is the President? (Do not write Ram Nath Kovind please !!)
Highest Executive Head of India, Supreme Commander of the
Defence (Armed) Forces of India
Enjoys nominal powers, Has to follow advice given by PM and Council of
ministers
(Note the Keywords written in Bold)
Who can contest election to become President?
(QUALIFICATIONS needed)
Be an Indian citizen, 35 years of age, should not hold office of profit under
Govt of India or State govt
Also Qualified to become member of Lok Sabha
ELECTORAL COLLEGE : Means who can vote in the Presidential
election. Your parents and I cannot unless we are elected MPs or
MLAs !
(a) Elected members from both Houses of Parliament
(b) Elected MLAs
Note : Does not include nominated members of either Parliament or
State Assemblies (Possible one mark question)
Election happens through single Transferable Vote system
WHY IS THE PRESIDENT ELECTED INDIRECTLY? (Important
Question)
a) If elected directly, can create imbalance of power by emerging as rival
power centre to PM
b) More representative because MLAs of different states also take part
in the election
c) Indirect election ensures he is not a nominee of ruling party at Centre
d) Saves time, money that would be spent on a direct election.
Why and How can President be impeached? (Important Question)
Is Impeached for an act which is a violation of the CONSTITUTION ...
Who can level charge? Either Lok Sabha or Rajya Sabha.
How? By moving a resolution after at least 14 days notice in writing is given
... and has to be signed by not less than 1/4th of the total number of
members of the House.
Then the resolution has to be passed by a majority of not less than 2/3rd
of total membership of the House.
The other House will investigate the charge.
President has the right to appear before such an investigation.
SWS Code to remember it : C --> 14 --> 1/4 --> 2/3 (Explained in the
Video)
Powers of the President
Executive, Legislative, Discretionary, Emergency (In 2021 syllabus)
EXECUTIVE POWERS
SUBAH : (remember it by this code)
S : Control over state governments, President's Rule
U and B : Administration of Union Territories and Border Areas
A : Appointment of PM, Governors, Chief Justice
H : Head of Administration because all orders in his name
LEGISLATIVE POWERS :
SANADO (remember it by this code)
Summons, Addresses, Nominates, Assent, Dissolve, Ordinance
1. Power to Summon and Prorogue Parliament (for the three sessions,
BMW)
2. Addresses both Houses of Parliament on two occasions (every budget
session and first session after new Lok Sabha is elected) (Can be a
one mark question)
3. Nominates 12 members to Rajya Sabha from among people who have
expertise in a subject and domain knowledge (like arts, science,
sports)
4. Gives assent to bills after they are passed by Parliament and only then
it becomes a Law.
5. Power to dissolve the Lok Sabha and order fresh elections
6. Promulgate Ordinance (under Article 123)
What is an ordinance? (IMPORTANT)
It is a temporary order promulgated by President of India on the request of
the Council of Ministers. They are issued when Parliament is not in session.
(If Rajya Sabha is in session, ordinance can still be issued)
The ordinance that has been promulgated should be laid before both Houses
when they reassemble. Parliament has to approve the ordinance within 6
weeks of reassembling. Otherwise it lapses. Once passed, it becomes an
Act.
DISCRETIONARY POWERS
Appointment of PM : No clear majority / Death of PM / Recommendation
Can withhold assent to a non-money Bill / send back for reconsideration
EMERGENCY POWERS
An emergency is a sudden or unforeseen situation demanding immediate
action. In such a situation, the head of state assumes extraordinary powers.
a) National Emergency : Foreign aggression or danger to peace/security
of country because of civil war. Imposed in 1975 (Article 352)
b) President's Rule : Article 356. When constitutional machinery in a
state breaks down / political uncertainty
c) Financial Emergency : Setback to financial stability of country (Article
360)