1. The constitution of India has adopted the parliamentary system of responsible government and the union executive is responsible for the legislature
  2. Part V of the constitution contains the provinces concerning the union government articles 52-78 deal with union executive
  3. The union executive consists of the president, the vice president, the prime minister and his council of ministers, and the attorney general of India

THE PRESIDENT

  • Article 52 state that there shall be a president of India
  • The president of India is the head of the state and symbolises the entire nation as one political community
  • The president is considered as the first citizen of India
  • The president comes first in the order of precedence issued by the government
  • According to article 52(1), the executive power of the union vests with the president. However, the president can exercise his/her powers either directly or indirectly in accordance with the constitution
  • All the executive decisions are taken in the name of the president

ELECTION OF THE PRESIDENT

  1. The provisions dealing with the election of the president are provided in articles 54,55,56,57,58 and 71 and by the presidential and vice-presidential elections act of 1952 as amended in 1997
  2. Article 54 states that the president is elected not directly by the people but by the members of the electoral college consisting of
  3. The elected members of both the houses of the parliament
  4. The elected members of the legislative assemblies of the states, and
  5. The elected members of the legislative assemblies of union territories of Delhi and Puducherry
  6. The nominated members of both the houses of parliament and state legislature don’t participate in the election process of the president
  7. Article 53(3) provided for the election of the president by the system of proportional representation using the single transferable vote
  8. The voting is by secret ballot, the nomination of a candidate for election to the office of the president must be subscribed at least 50 electors as proposers and 50 electors as seconders
  9. The election process of the president is as follows
  10. Each member of the electoral college is given only one ballot paper
  11. The voter while casting his vote is required to indicate his preferences by marking 1,2,3,4etc against the name of the candidate, which means the voter can indicate as many preferences as there are candidates in the fray
  12. In the first phase, the first preference votes are counted, in case a candidate secures the required quota in this phase he is declared elected, otherwise the process of transfer of votes is set in motion
  13. The ballot of the candidate securing the least number of first preference votes are canceled and his second preference votes are transferred to the first preference votes of other candidates
  14. The process continues till a candidate secures the required quota which is 50%
  1. Article 71 The supreme court has the authority to decide doubts and disputes regarding the president and vice president election
  2. Only a candidate or a group of not less than 20 electors can only file a dispute petition before the SC
  3. The only president who has served two terms was Dr. Rajendra prasad

TERM OF OFFICE

  1. Article 56(1) The President shall hold office for a tenure of 5yrs from the date on which he/she enters the office
  2. The president shall remain in his office even after the completion of his/her term in case a successor is sworn in
  3. The resignation letter is to be addressed to the vice president, it shall then be communicated to the speaker of the Lok Sabha
  4. The president is eligible for re-election and may be elected for any number of terms in India

ELIGIBILITY CRITERIA, OATH, SALARY AND AMENITIES

  • Article 58 of the constitution sets the principal qualifications one must be eligible for the office of the president
  • A president must be
  • A citizen of India
  • Of age 35 or above
  • Qualified to become a member of the Lok Sabha
  • A person shall not be eligible for election as the president 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
  • Article 60 says that the oath or affirmation of office to the president is administrated by the chief justice of India and in his absence, the senior-most judge of the supreme court can do the honors
  • The salary of the president is from 1.50lakhs to 5 lakhs per month
  • The constitution lays down the following conditions of the president office
  • President shall not be a member of either house of parliament or a house of the state legislature
  • Article 59(1) If any such person is elected as president, he/she is deemed to have vacated his/her seat in that house on the date on which enters upon his office as president
  • He is entitled to such emoluments, allowances, and privileges as may be determined by the president
  • His emoluments and allowances cannot be diminished during his term of office
  • He enjoys personal immunity from legal liability of his official acts, he is immune from any criminal proceedings even in respect to his personal acts

POWERS AND FUCNTIONS

Executive Powers of President

  1. For every executive action that the Indian government takes, is to be taken in his name
  2. He may/may not make rules to simplify the transaction of business of the central government
  3. He appoints the attorney general of India and determines his remuneration
  4. He appoints the following people:
    1. Comptroller and Auditor General of India (CAG)
    2. Chief Election Commissioner and other Election Commissioners
    3. Chairman and members of the Union Public Service Commission
    4. State Governors
    5. Finance Commission of India chairman and members
  5. He seeks administrative information from the Union government
  6. He requires PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council
  7. He appoints National Commissions of:
    1. Scheduled Castes
    2. Scheduled Tribes Read about
    3. Other Backward Classes
  8. He appoints inter-state council
  9. He appoints administrators of union territories
  10. He can declare any area as a scheduled area and has powers concerning the administration of scheduled areas and tribal areas

Legislative Powers of President

  1. He summons or prorogues Parliament and dissolve the Lok Sabha
  2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
  3. He addresses the Indian Parliament at the commencement of the first session after every general election
  4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant
  5. He nominates 12 members of the Rajya Sabha
  6. He can nominate two members to the Lok Sabha from the Anglo-Indian Community
  7. He consults the Election Commission of India on questions of disqualifications of MPs.
  8. He recommends/ permits the introduction of certain types of bills
  9. He promulgates ordinances
  10. He lays the following reports before the Parliament:
    1. Comptroller and Auditor General
    2. Union Public Service Commission
    3. Finance Commission, etc.

Financial Powers of President

  1. To introduce the money bill, his prior recommendation is a must
  2. He causes Union Budget to be laid before the Parliament
  3. To make a demand for grants, his recommendation is a pre-requisite
  4. Contingency Fund of India is under his control
  5. He constitutes the Finance Commission every five years

JUDICAL POWERS

  1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him
  2. He takes advice from the Supreme Court however, the advice is not binding on him
  3. He has pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offense against union law, punishment by a martial court, or death sentence.
  4. Pardoning powers of the president includes the following types:
  5. Pardon with the grant of pardon convicts both conviction and sentence completely absolved
  6. Commutation with this nature of the punishment of the convict can be changed
  7. Remission reduces the term of the imprisonment
  8. Respite awards lesser punishment than original punishment by looking at the special condition of a convict
  9. Reprieve stays the execution of the awarded sentence for a temporary period

DIPLOMATIC POWERS

  1. International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name
  2. He is the representative of India in international forums and affairs

MILITARY POWERS

He is the commander of the defense forces of India. He appoints:

  1. Chief of the Army
  2. Chief of the Navy
  3. Chief of the Air Force

EMEGENCY POWERS

He deals with three types of emergencies given in the Indian Constitution:

  1. National Emergency (Article 352) on grounds of war a national emergency can be declared
  2. President’s Rule (Article 356 & 365) on grounds of failure of the constitution in particular states
  3. Financial Emergency (Article 360) when the financial states of India are threatened

ORDIANCE POWER OF THE PRESIDENT

Article 123 deals with the ordinance making power of the President. The President has many legislative powers and this power is one of them. He promulgates an ordinance on the recommendation of the union cabinet.

VETO POWER

When a bill is introduced in the Parliament, Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is on the President of India to either reject the bill, return the bill or withhold his assent to the bill. The choice of the President over the bill is called his veto power. The Veto Power of the President of India is guided by Article 111 of the Indian Constitution.

THE PRESIDENTS OF INDIA

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