CIVICS

II- The President and The Vice

President
What is the composition of Parliament of
India?
According to Article 79 of the Constitution of India, the Parliament
consists of President of India and the two Houses of Parliament known as
Council of States (Rajya Sabha) and House of the People (Lok Sabha).
 The President
• Head of State.
• Supreme Commander of DEFENCE Forces of India.
• 42nd Amendment Act “necessary for the president to work their functions
in accordance with the advice of the council of ministers.
• The president is the nominal head of the executive, the first citizen of the
country, as well as the commander-in-chief of the Indian Armed Forces.
• Droupadi Murmu is the 15th and current president, having taken office
from 25 July 2022.
• The President shall hold office for a term of five years from the date on
which he enters upon his office.
• According to Article 57 of the Constitution, a President is eligible for re-
election to that office for a second term.
Qualifications
According to Article 58 of the Constitution, no person shall be eligible for election as
President unless :-
• He is a citizen of India
• Has completed the age of thirty-five years
• Is qualified for election as a member of the House of the People (LOKSABHA).
• A person shall not be eligible 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 Government. (An office of profit means a position that
brings to the person holding it some financial gain, or advantage, or benefit.)
• The term is used in Article 102 (1)(a) of the Indian Constitution which bars a member
of the Indian Parliament from holding an office that would give its occupant the
opportunity to gain a financial advantage or benefit. It refers to a post under
central/state government which yields salaries, perks and other benefits. Like Bribes
or Black Money.
Who elects the President of India?
The President is elected by the members of an
electoral college consisting of the elected
members of both the Houses of Parliament and the
elected members of the Legislative Assemblies of
States and the Union Territories of Delhi and
Pondicherry.
Under the Presidential and Vice-Presidential
Elections Act, 1952 a candidate to be nominated
for the office of president needs 50 electors as
What is the manner of election of President?
• According to Article 55 of the Constitution, as for as practicable, there has to be uniformity in
the scale of representation of the different states at the election of the President.
• For the purpose of securing such uniformity among the States, the number of votes to
which each State is entitled is determined as follows:-
• (a) every elected member of the legislative assembly of a State shall have as many votes as
there are multiples of one thousand in the quotient obtained by dividing the population of
the state by the total number of elected members of the Assembly;
• (b) If after taking the said multiples of one thousand, the remainder is not less than five
hundred, then the vote of each member shall be further increased by one;
• (c) each elected member of either House of Parliament shall have such number of votes as
may be obtained by dividing the total number of votes assigned to the members of the State
Legislation Assemblies by the total number of elected members of both the House of
Parliament fractions exceeding one-half being counted as one and & other fractions being
disregarded.
• The election of the President shall be held in accordance with the system of proportional
representation by means of the single transferable vote and the voting shall be by secret
What is the procedure for impeachment of the
President?
• According to Article 61 of the Constitution, when a President
is to be impeached for violation of the Constitution, the
charge shall be preferred by either House of Parliament.
• No such change shall be preferred unless ,
• (a) the proposal to prefer such change 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.
• b) such resolution has been passed by a majority of not less
than twothird of the total membership of the House.
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.
• 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
Powers of The President of India.
• Legislative powers
• Legislative power is constitutionally vested in 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 (Lok Sabha and Rajya Sabha) of the
parliament and prorogues them.
• They can dissolve the Lok Sabha.
• All bills passed by the parliament can become laws only after receiving the assent
of the president per Article 111.
• 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 that have the same force and effect as an act passed by
parliament .
Powers of The President of India.
• 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, so
long as his Ministers command a majority in Parliament
Judicial powers
• He is the sole decision maker.
• No criminal suits can be registered against him.
• Can appoint , suspend , or eliminate anyone as Penalty or
Punishment for abolition of Law.
 Appointment powers
• The prime minister is appointed by the president of India; however the prime minister has to enjoy the
confidence of the majority of Lok Sabha members, who are directly elected every five years.
• The president appoints 12 members of the Rajya Sabha
• Governors of states
• The Chief Justice of India 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 Of India.
• The Chief Election Commissioner and other Election Commissioners.
• The Chairman and other members of the Union Public Service Commission.
• The Attorney General Of India.
• Ambassadors and High Commissioners to other countries (only through the list of names given by the
prime minister).
• Officers of the All India Services (IAS, IPS and IFoS), and other Central Civil Services
Financial powers

• A financial 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 every five
years to recommend the distribution of the taxes between the
centre and the States. The most recent was constituted in 2017.
Military powers
• The president is the Supreme Commander of the Indian Armed Forces
.
• Only the president can declare war or conclude peace,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.
• All international treaties and agreements are negotiated and
concluded on behalf of the president.
• However, in practice, such negotiations are usually carried out by the
prime minister along with their Cabinet (especially the
Minister of External Affairs).
• 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.
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.
• National emergency
• 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),and 1975 to 1977 (declared by Indira Gandhi).
• State emergency
• 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.
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.
• This type of emergency needs the approval of the parliament within 2 months.
• Financial emergency
• Under article 360 of the constitution, the president can proclaim a financial emergency when the
financial stability or credit of the nation or any part of its territory is threatened. The president can
reduce the salaries of all government officials in such cases also results to inflation or money
 The Vice President
• A vice president, also director in British English, is an officer in
government or business who is below the president (chief
executive officer) in rank.
• It can also refer to executive vice presidents, signifying that the
vice president is on the executive branch of the government,
university or company.
• In government, a vice president is a person whose primary
responsibility is to act in place of the president on the event of
the president's death, resignation or incapacity.
• Vice presidents are either elected jointly with the president as
their running mate.
• Incumbent
Jagdeep Dhankhar of the Bharatiya Janata Party is the current vice
president.