In.

o f Ind
of
Law
Law
ConstitutionalI 61
Powers
Powers: Executive
e Unio isv
utiveppower ofhthe Unlon and State
executiv
in
a c c o r d
im in accordanc
is Nex be included
60 he in the Constinul110 or State Assemblies are not eligibleto
S31) hi1 defe House
U n d e r ( A
byr t
the
.
of
ofParliament
the Electoral College.
Under
Art andoerrt+sable
command of
the defence torcs in
foregoing provision are:
of in this regard
s u p r e n m e

generality
States
P r e s i d e n t
Asion' ie. Two cardinal principles different
he power representation of the
the
and the exerei
vests to subordinate to
the geinate to civil There shall be
uniformity of the States
3(2)
S ) veie to prejudice
law'i maintained between
i.e. Acts of Parliamen (a) election
without
thus by and parity shalh
r e g u l a t e d
is enahi
at the and
power would UnionArt. 55
can whole and the for
Military
n poweran be Par/hament as a
command
beregt would enable it to give. lirecs electoral college
s u p r e m e
in
in Parl supreme
me command power in aggregate, in the
s u p r e m e vested
the
ver vote of the States, the of the people
power e x e r c i s e
of
of (b) the be equal to that
and the
war
ercise of the President, shall
the the the election
c a m p a i g n .

P r e s i

asto d e n t
as a whole.
fact
fact that States
military of the country between the
between
tfrom the
that fYom that as parity
as well as
States as
a clear
to carry on es it it shal
it clear P r e s i d e n t ,it shall
executive
not be inf po
securing
unitormity among
uniformity d
determination of the value
e t e r m i n a t i o n of
53()makes
a formula is given
by d F oFor
r securing
Art. on the government
of the
and the Union, tommula vote
law on vestedin as lawW
a whole ana tne nion, a MLA is entitled to cast. Each MLA's
existing anya ag s wnole elected MP or State
Union shallbe ny existing which each of elected
t r a n s t è r r e d . t o
the conferred
byany transferred. to the President. At
the President. Art. 53 or vote x No.calculated on the
functions
basis: State population/1.000
to be calculated on the
have Is v e s t e d
in the is Each MP's vote is
authorities aent, it vote. (Rajya
other power Value_of one MLAs MLA's/Total members
thoughexecutnve nctions on authoritie othersMLA'S=
of Parliamentvalue of
down that func of all this way, the
confèrring value vote. n
lays Parliament
from conferring
from conferr on the basis:Total vote =

expressly resident Si
and LOk Sabha)
prevent Lok Kakre of one MP's value of votes of all MP's.
which are Sabha and the
been made equalto
President.
But powers Parliament to any other MLA's has [Presidential and
transferred
nsferred by Parlian auth votes of all
be cannot proposers and
Constitution
ten seconders a candidate for
has ten nominated as
A person who Elections Act, 1952] can_be
Vice-Presidential Ele
Vice-Presidential President's electionlcannothe prevented
or susperaded
C o g d e c t i n g him
PRESIDENT OF INDIA. 52,53 President's election. exists in the Electoral its
vacancy
* * ** on the ground
that any dissolved unde Art. 35)and
State Assembly has
been
viz. when a election.
on
in the
unable to participate
President of India. The exa from the date
members are
be a is 5 years
provides that there shall of office of President
Article 52 President (Head of the Term of otfice: The term he for re-election.
power Union shall be vested the
Athe in
his office (Art. 56)and s e neligiile
i o r - m o s t Judge
of the is
which enters upon absence the lhe
Aricle 53)) his
of India_or in to tne riesidcl
The President of India is a monarchica symbol of the modem Chief Justice administers oath or aftirmation li
President has
Constitution endon Supreme
Court affirmation which the
and glory On that high office, the affim that
Spower Article 60
hrescribes the oath or n a m e God/solemnly
the
swear in of of
bewildering aray of powers, duties, and responsibilities. "1, A. B, do the functions
to take. It reads: President (or discharge
office of protect
s- execute the
I will faithfully ability 'preserve,
will to the best of my myself to
Electon of India and will devote
the President) the law' and that I
C o n s t i t u t i o n and
of the President? 5,55 of India."
The President is wilh and defend the
an in accordance of the people well-being
service and
elected by Electoral College,
single.trasthe
traathe service
of the Presldent
means
system of proporional representation by
Dy Electlon as
vote byret ballot.' The
secret ballor.' Electoral O
The El Collegemeans me
(a)elected m
consists ofelected for qualitications:
of both Legsuallficatlons well as negative
Houses of members down both positive as
and (b) elected
elected memo of DemThe Constitution lays
nclTding N
(including
Assembiresoo StatesParliament, Nattoal Capital Territory of
Union Territory of Fondichervi Capital Terri rs of of
Pondichery) (Art 54))No
2. Elucidate the
LAS
constitutional procedure for
electing Preside of Indi5
 Pasithe Qualijficathon.

citizen
Union and State
ofIndia, e a r s , and
a o f 35
of 35 yyears,
be
the age
Pawers Eacutiv Pawer
completed on of the
member f Powers
have as a Prasident?
election
the Lok Sabha
( for
be qualified should not (a) Executhe Powers
() person
A
Onalifications:

under the A
Niegatine are
Govem eveeutive powera
oftice ofprofit anv
of evereined hy him fireetly *
any under subordinafe officer
)hold State o r thrrn
of any or cal lndia,
Government He is
P r e s i d e n t and the
Vie )
Governor ofa Vice-Pr other a er-officio Supreme
thatStateheor a Central or State Minister),
than ofthe esident o declare war and make Commander of the Defenee Forees He can
(other peace
(ii) He makes all
House of Parliament or a important appointments smch s those of he
member of either or a House Governors, L.t.
a Governor, Chief Justice and
(i) be udges of the Spreme
Legislature
of any State. Court and High Courts,
Prime Minister and inion
Election Commissioner, Ministers, Chief
Comptroller
of the U.P.S.C. Members of
and Auditor-Genernl, Members
Impeachment of President Finance Commission and inter Sate
Resignation/ Council, Commissioners of SC/STs/
Backward Classes nd
oftice Minorities, etc.
The President can resign his
before the expiry of his tenur by
underhishand addresse tothe Vice-President. This resignationt (iv) He makes rules for the more
convenient ransaction of business of
the Government and allocates
to
be communicated bythe Vice-Presidentto the Speaker of the among Ministers such business
(Art 56). (v) He must be informed of all
decisions of Councl of Mimisters.
The President may be removed from his ofiice before the exoin (vi) He governs the
Union Territories through the Administrators or
tem. by the process Lieutenant Governors.
of impeachment (Art. 56). The grounds for imps
are: Violation of the
as
express provisions of the Constitution (vii) He has the power to remove his
Ministers individualby. the Attorney
or
General of India; the Governor of State; the Chairman
violation af convention, usage and spirit of the Constitution by the Prsi a Members
61
Ar. ays down the procedure for the
of the Public Service Commission (both Union and State
k ludge
impeachment a or an
of the Pri of the Supreme Court or of
as folldweThe High Court; Electuon
charge against the President can be preferred bya
House of Parliament via a
Commissioner.
resolution preceded by
noce 1he notice should be signed by not less at least 14 0 (b) Legislative Powers
of memberS of the House and passed than 1/4th of to
of the by a majority of not lesS ) President has the power to summon, prorogue nd, alres he
to mcve
total membership of the House. The notice must e inta Parliament at the commencement at the tirs seian iter a n
such a express
resolution. and the first session of cach vear. He
general election uai Dsives
When one
House the Lok
it. The prefers a charge the other use shall Sabha. He can also summen a iunL uiln louses
President has a House sue inves of Parliament in case of a deadlock beiwcen ihcm (previied aver b
investigation. If right to appear and be represented ats Speaker of Lok Sabha).
after
Presiden guu
passes a resolution by ainvestigation, the House finds therepnt () He may send messages to
either House oi Partiament n regard i
majority of not less than 2/3rd of Prestotalmemb any Bill or to any other matter
SUs
declaring that the charge
it would
have the preferred sen Su
the
date on which effect of removingagainst the P resident has been- officefo
resolution the President his from
is so Wite a short note on The distinction between Evaculive Power af the Praade
passed. ard his 'Consttutional Power