THE PRESIDENT & THE VICE PRESIDENT

THE PRESIDENT
The executive power of the Indian Union is vested in the President.
The President is the Head of the State and the supreme commander
of the Defence Forces of India. The Constitution provides that 'there
shall be a Council of Ministers with the Prime Minister at the head, to
aid and advise the President, in the exercise of his/her functions'.
According to the 42nd Amendment Act, it is necessary for the
President to exercise his/her functions in accordance with the advice
of the Council of Ministers.

QUALIFICATIONS FOR ELECTION

1. A person shall be eligible for election as President, if he -
a) is a citizen of India.
b) has completed 35 years of age.
c) is qualified for election a member of the Lok Sabha.
2. A person shall not be eligible for election as President if he holds
any office of profit under the Government of India or Government of
any State or under any local or other authority subject to the control
of any of the said Governments.

Composition of the Electoral College:-

The President is elected indirectly by the members of an Electoral
College consisting of:
1. the elected members of both Houses of Parliament;
2. the elected members of the Legislative Assemblies of the States
including National Capital Territory of Delhi and the Union Territory of
Puducherry.
Nominated members of either house of Parliament and State
Assemblies are not eligible to be included in the Electoral college.
A presidential candidate will have to be proposed by 50 members of
the Electoral College (MPs or MLAs) and seconded by another 50
members.

REASON FOR INDIRECT ELECTION

1. If the President was to be elected directly by the people, he could
become a centre of power to the Council of Ministers.
2. Since the membership in the two Houses of Parliament was likely
to be dominated by one party, election of the President merely by a
majority of members of the Union Parliament could make him a
nominee of the ruling party like the Prime Minister.
3. The President is elected by an Electoral College. In India, the
Electoral College consists of the elected members of the two Houses
of Parliament and Legislative Assemblies of the States (Article 54).

Oath of Office: Before entering upon his office, the President takes an
oath in the presence of the Chief Justice of India (or in his absence,
the senior most Judge of the Supreme Court) to:
1. discharge the functions of the President of India,
2. preserve, protect and defend the Constitution and the law, and
3. devote himself to the service and well-being of the people of India.

TERM OF OFFICE
The President shall hold office for a term of five years from the date
on which he enters upon his office. He shall continue to hold office,
notwithstanding the expiry of his term, until his successor takes
charge.
PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT
1. When a President is to be impeached for violation of the
Constitution, either House of Parliament can level the charge as
follows:
(a) Resolution which is 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; and
(b) The resolution is passed by a majority of not less than two-thirds
of the total membership of the House.
2. When a charge has been so preferred by either House of
Parliament, the other House will investigate the charge and the
President has the right to appear and to be represented at such an
investigation.
3. If, as a result of the investigation, a resolution is passed by a
majority of not less than two-thirds of the total membership of the
House (by which the charge was investigated), declaring that the
charge has been sustained, such a resolution will have the effect of
removing the President from his office.

POWERS OF THE PRESIDENT OF INDIA

EXECUTIVE POWERS
The executive powers of the President include:
1. Head of the Union Administration: All executive orders are issued
in the name of the President.
2. Appointment of Officials of the State: The President appoints,
Prime Minister & Council of Ministers on his advice. The Chief Justice
& Judges of Supreme courts & High Courts, Governors of States.
3. Control over State Governments: During President rule Union
Government controls the state.
4. Union Territories and Border Areas: The administration of the
Union Territories and the Border Areas is the responsibility of the
President.

LEGISLATIVE POWERS
1. Addresses Sessions of Parliament: The President addresses both
Houses of Parliament assembled together for the first session after
each General Election to the Lok Sabha and at the commencement of
the first session of each year. The President has the power to
address either House of Parliament or their joint sitting at any time.
2. Messages to Parliament: He has the power to send messages to
either House of Parliament either in the regard to any pending Bill or
to any other matter.
3. Summon and Prorogue the Houses: The President has the power
to summon and prorogue the Houses of Parliament. The power to
summon Parliament is subject to the condition that there should not
be a gap of more than six months between two session of each
House.
4. Dissolve the Lok Sabha: He can dissolve the Lok Sabha and order
fresh elections. Rajya Sabha is a permanent body, not subject to
dissolution.
5. Nomination of Members: The President nominates 12 members to
the Rajya Sabha from among persons having special knowledge or
practical experience in these matters-literature, science, art and
social service. The President may nominate two members of the
Anglo-Indian Community to the Lok Sabha, if he feels that the
Community is not adequately represented in the House.
6. Assent to Bills: No Bill can become a law without the assent and
the signature of the President. Once a Bill is passed by both the
Houses, it is sent to the President for his approval. The President
may give his assent, or withhold the Bill or send it back to the House
concerned with recommendations.
7. Promulgate Ordinances: Under Article 123, the President can
promulgate an Ordinance, which has the same status as an Act of
Parliament. The President may withdraw the Ordinance at any time.
8. Formation of New States: A Bill for the formation of new States or
alteration of areas of the existing States cannot be introduced except
on the President's recommendation.

DISCRETIONARY POWERS
1) If no party wins clear majority of the Lok Sabha, he appoint a Prime
Minister.
2. On sudden death of P. M. he may appoint P.M. as ruling party is
unable to decide.
3. President may dissolve or continue the House, if ruling party lost
majority.
4. The President can dismiss Ministers in case the Council of
Ministers loses the confidence of the House but refuses to resign.

EMERGENCY POWERS
An Emergency is "a sudden or unforeseen situation demanding
immediate action." It is a situation in which the Head of State
assumes extraordinary powers. The President can proclaim a state of
Emergency in the following cases:
(a) National or General Emergency: There is a danger of foreign
aggression or danger to the peace and security of the country
because of a civil war, insurgency or any other such cause (Article
352).
(b) Breakdown of Constitutional Machinery: The Constitutional
machinery in a State has broken down or there is a deadlock because
of political uncertainties or otherwise (Article 356).
(c) Financial Emergency: A set-back to the financial stability or credit
feasibility of the country is likely to occur or has occurred (Article
360).

I. NATIONAL OR GENERAL EMERGENCY

Circumstances: If the President is satisfied that a grave emergency
exists whereby the security of India or any part of its territory is
threatened, either by war or by external aggression or armed
rebellion, he may proclaim an Emergency. The President cannot
issue such a Proclamation unless he has the approval in writing of
the Union Cabinet.

II. BREAKDOWN OF CONSTITUTIONAL MACHINERY

Circumstances: If the President, on receipt of a report from the
Governor or otherwise, is satisfied that the governance of a State
cannot be carried on in accordance with the provisions of the
Constitution, he may declare an emergency in the State. This is called
President's rule because the President may assume to himself all or
any of the functions of the Government of the State.

III. FINANCIAL EMERGENCY

Circumstances: If the President is satisfied that a situation has arisen
whereby the financial stability or credit of the nation is threatened, he
can declare a Financial Emergency.
VICE PRESIDENT:
Article 63 stipulates that there
shall be a Vice-President of
India.

QUALIFICATIONS FOR
ELECTION:
1. A person shall be eligible for election as Vice-President,
(a) if he is a citizen of India;
(b) has completed the age of thirty-five years; and
c) is qualified for election as a member of the Council of States.
2. A person shall not be eligible for election as Vice-President if he
holds any office of profit under the Government of India or
Government of any State or under any local or other authority subject
to the control of any of the said Governments.

ELECTION:
An Electoral College consisting of the members of both Houses of
Parliament elects the Vice-President. The election is held in
accordance with the system of proportional representation by means
of the single transferable vote.

Oath of Office: Before entering upon his office, the Vice-President

takes an oath before the President (or some person appointed on his
behalf by him) to:
(a) bear true faith and allegiance to Constitution of India; and
(b) faithfully discharge his duties.
TERM OF OFFICE
1. The Vice-President shall hold office for a term of five years from
the date on which he enters upon his office.
2. He may, by writing, addressed to the President, resign his office.
Such resignation will be communicated by the President to the
Speaker of the Lok Sabha.
3. He may, for the violation of the Constitution, be removed from the
office by the process of impeachment.
4. He shall continue to hold office, notwithstanding the expiry of his
term, until his successor enters upon his office.

POWERS AND FUNCTIONS

1. Chairman of the Rajya Sabha: The Vice-President of the Indian
Union acts as the ex-officio Chairman of the Rajya Sabha. He
regulates debates and proceedings of the House and decides the
order of speeches.

2. Taking over as the President: The Vice-President takes over the

office of the President under the following situations:
(a) death of the President,
(b) resignation of the President,
(c) removal of the President, or
(d) when the President is unable to discharge his functions owing to
absence, illness or any other cause.