Union executives
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The document outlines the role, election process, and powers of the President of India, emphasizing that the President is indirectly elected by an electoral college and serves a term of five years. It details qualifications for the presidency, legislative, financial, judicial, and emergency powers, as well as impeachment procedures for constitutional violations. Key responsibilities include appointing various officials, summoning parliament, and serving as the commander-in-chief of the armed forces.
Union executives
- 1. THE PRESIDENT By: Rahul Yadav
- 2. We have not given him any real power, but we have made his position one of great authority and dignity. - Pt. Jawaharlal Nehru President is the first citizen of the country and is also the head of the state and the Union Executive. Commander in chief of Armed Forces. The President is not elected directly. He is elected indirectly with the help of an Electoral College consisting of elected members of Lok Sabha and Rajya Sabha and elected members of Legislative Assemblies of the States, through the system of proportional representation by way of single transferable vote. The system adopted for voting is secret ballot.
- 3. QUALIFICATION OF PRESIDENT (ART. 58&59) He should possess following qualifications: 1. He must be a citizen of India, 2. He must have completed 35 years of age, 3. He should be qualified to get elected to the Lok Sabha, 4. He must not hold office under the Central Government or State Government or local or other authority subject to the control of any of the said governments. Article 59 clearly provides that President cannot be a member of any House of Union or State Legislature.
- 4. HOW IS PRESIDENT ELECTED? (ART. 54&55) There is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of: 1. Lok Sabha and Rajya Sabha 2. Legislative Assemblies of the states (Legislative Councils have no role) 3. Legislative Assemblies of the Union Territories of Delhi and Puducherry. Value of the vote of a MLA = Total Population of the State/total number of MLAs/1000 Value of the vote of a MP= Total value of votes of MLAs/Total no. of elected MPs
- 5. Once President is elected, he holds office for five years. He sits in the office even after the completion of five years given no new election has taken place or no new President has been elected till then. He can also be re-elected and there is no cap on his re-election. OATH OR AFFIRMATION BY THE PRESIDENT Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available.
- 6. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office He should not hold any office of profit For his residence, Rashtrapati Bhavan is provided to him without the payment of rent Parliament decides his emoluments, allowances and privileges Parliament cannot diminish his emoluments and allowances during his term of office He is given immunity from any criminal proceedings, even in respect of his personal acts Arrest or imprisonment of the President cannot take place. Only civil proceedings can be initiated for his personal acts that too after giving two months’ of prior notice.
- 7. 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: Comptroller and Auditor General of India (CAG). Chief Election Commissioner and other Election Commissioners. Chairman and members of the Union Public Service Commission. State Governors. Finance Commission of India chairman and members. 5. He appoints inter-state council. 6. He appoints administrators of union territories. 7. He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.
- 8. LEGISLATIVE POWERS OF PRESIDENT o He summons or prorogues Parliament and dissolve the Lok Sabha. o He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock. o He addresses the Indian Parliament at the commencement of the first session after every general election. o He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant. o He nominates 12 members of the Rajya Sabha o He consults the Election Commission of India on questions of disqualifications of MPs. o He recommends/ permits the introduction of certain types of bills. o He promulgates ordinances. o He lays the following reports before the Parliament: o Comptroller and Auditor General o Union Public Service Commission o Finance Commission, etc.
- 9. FINANCIAL & JUDICIAL POWERS OF PRESIDENT Financial Powers Judicial Powers 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 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 offence against union law, punishment by a martial court, or death sentence. •Pardon with the grant of pardon convicts both conviction and sentence completely absolved •Commutation with this nature of the punishment of the convict can be changed •Remission reduces the term of the imprisonment •Respite awards lesser punishment than original punishment by looking at the special condition of a convict •Reprieve stays the execution of the awarded sentence for a temporary period
- 10. 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 defence forces of India. He appoints: Chief of the Army Chief of the Navy Chief of the Air Force Emergency Powers • He deals with three types of emergencies given in the Indian Constitution: National Emergency (Article 352) President’s Rule (Article 356) Financial Emergency (Article 360)
- 11. IMPEACHMENT OF A PRESIDENT The only condition for the initiation of impeachment of the Indian president is the ‘violation of the constitution.’ There is no definition of “Violation of Constitution” in Constitution. The charge shall be preferred by either House of Parliament. Fourteen days notice in writing signed by not less than one fourth of the total number of members of the House. Passed by a majority of not less than two thirds of the total membership of the House. The other House shall investigate the charge. The President may appear in the proceeding. (Principle of Natural Justice). If both houses passed the resolution that means President is removed from his office and fresh election should be conducted.
- 12. PRESENTED BY RAHUL YADAV ASSISTANT PROFESSOR ON CONT. FACULTY OF LAW MDU, ROHTAK Email: rahul.gf.law@mdurohtak.ac.in