The Union Executive: The President and The Vice-President

The Union Executive

• 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.

• Executive power is exercised by the President either directly or through officers of the Union who are his/her subordinates, in accordance with the Constitution.

• The President functions on the advice of the Prime Minister and the Council of Ministers.

• The 42nd Amendment Act made it mandatory for the President to exercise functions in accordance with the advice of the Council of Ministers.

Qualifications for Election as President and Vice-President

• A person is eligible for election if they meet the following criteria:

  • Must be a citizen of India.

  • Must have completed the age of $35$ years.

  • Must be qualified for election as a member of the Lok Sabha.

• A person is ineligible if they hold any office of profit under the Government of India, the Government of any State, or any local/other authority subject to government control.

  • Exceptions: A person is not deemed to hold an office of profit merely because they are the President, Vice-President, or a Minister for the Union or any State.

• A person who holds or has held the office of President is eligible for re-election to that office.

Composition of the Electoral College

• The President is elected indirectly by an Electoral College consisting of:

  • The elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).

  • The elected members of the Legislative Assemblies of the States, including the National Capital Territory of Delhi and the Union Territory of Puducherry.

• Averting Rivalry: If directly elected, the President might become a rival center of power to the Council of Ministers, undermining the parliamentary system of ministerial responsibility.

• Real Power Constraints: As Pt. Jawaharlal Nehru stated, a directly elected President could not be denied real powers.

• Neutrality: Direct election could make the President a nominee of the ruling party in Parliament, failing to represent the constituent States of the Union.

• National Representation: The Electoral College ensures the President represents both the whole nation and the States, providing the States with a clear voice.

Tenure

• Term of Office: $5$ years from the date of entering office.

  • The President continues to hold office until a successor takes charge, even after the term expires.

• Vacation of Office:

  • Resignation: A letter submitted to the Vice-President, who then communicates it to the Speaker of the Lok Sabha.

  • Removal: By the process of impeachment for violation of the Constitution.

Procedure for Impeachment of the President

• Charges can be leveled by either House of Parliament.

• A resolution must be moved after at least $14$ days' written notice, signed by no less than one-fourth ($\frac{1}{4}$) of the total members of the House.

• The resolution must be passed by a majority of at least two-thirds ($\frac{2}{3}$) of the total membership of that House.

• The second House investigates the charges, during which the President has the right to appear and be represented.

• If the second House passes a resolution by at least a two-thirds ($\frac{2}{3}$) majority of its total membership sustaining the charge, the President is removed from office.

Executive and Diplomatic Powers

• Head of Union Administration: All executive orders are issued in the President's name.

• Appointments: The President appoints key officials, including:

  • The Prime Minister and the Council of Ministers (on the PM's advice).

  • The Chief Justice and Judges of the Supreme Court and High Courts.

  • State Governors.

  • Lt-Governors and Chief Commissioners of Union Territories.

  • The Attorney General of India.

  • The Comptroller and Auditor General (CAG) of India.

  • Chairman and members of the Union Public Service Commission (UPSC).

  • Chairman and members of the Planning Commission and Economic Commission.

• Control over States: The Union Government may give directions to States; during President's Rule, Union control is total.

• Union Territories: The administration of Union Territories and Border Areas is the President's responsibility.

• Diplomatic Powers:

  • Appointing Indian Ambassadors to foreign countries.

  • Receiving foreign Ambassadors, High Commissioners, and envoys.

  • Concluding all treaties and international agreements.

  • Representing India in International Conferences.

Legislative Powers and Ordinances

• Addressing Parliament: Addresses joint sittings of both Houses at the start of the first session after a General Election and at the beginning of each year's first session.

• Messages: Sending messages to either House regarding pending Bills or other matters.

• Sessions: Summoning and proroguing both Houses. There must not be a gap exceeding $6$ months between two sessions. Standard sessions include Budget (Feb–May), Monsoon (July–Sept), and Winter (Nov–Dec).

• Dissolution: Can dissolve the Lok Sabha (the Rajya Sabha is permanent).

• Nomination: Nominates $12$ members to the Rajya Sabha with expertise in literature, science, art, and social service.

• Assent to Bills: No Bill becomes law without the President's signature.

  • The President may return a Bill (except Money Bills) for reconsideration. If passed again, the President must give assent.

• Ordinances (Article 123): Promulgated when Parliament is not in session to take immediate action.

  • Ordinances have the same status as an Act of Parliament.

  • They must be laid before both Houses upon reassembly.

  • They lapse if Parliament does not approve them within $6$ weeks of reassembling or if they are replaced by an Act of Parliament.

• State Bills: Can refuse assent or return State Bills reserved by the Governor (e.g., those affecting High Court powers).

• State Formation: Recommendation is required for Bills concerning the formation of new States or alteration of existing State areas.

Financial, Military, and Judicial Powers

• Financial Powers:

  • Money Bills require Presidential recommendation for introduction.

  • The Annual Financial Statement (Budget) is laid before Parliament on the President's behalf by the Finance Minister.

  • Authorizing advances from the Contingency Fund of India for unforeseen expenditure (subject to later Parliamentary approval).

  • Appointing a Finance Commission every $5$ years.

• Military Powers:

  • Supreme Commander of the Armed Forces.

  • Appointing the Chiefs of the three wings of the Armed Forces.

  • Declaring War and Peace on the advice of the Council of Ministers.

• Judicial Powers:

  • Immunity from answering to any Court for official duties.

  • Immunity from criminal suits during the term of office.

  • Power to grant pardons, reprieves, respites, remissions, or to commute sentences, particularly for court-martials, offenses against Union/Concurrent laws, and death sentences.

Discretionary Powers

• Prime Minister Appointment: Used during a hung Parliament where no party has a clear majority.

• Sudden Vacancy: Appointing a PM if the incumbent dies suddenly (e.g., the assassination of Mrs. Indira Gandhi) and the ruling party cannot immediately elect a leader.

• Dissolution: In the event the ruling party loses its majority or a no-confidence vote is passed, the President may choose to dissolve the Lok Sabha or invite another party to prove a majority.

• Dismissal: Dismissing the Council of Ministers if they lose the confidence of the House but refuse to resign.

National or General Emergency (Article 352)

• Circumstances: Proclaimed if the security of India or any part is threatened by war, external aggression, or armed rebellion.

• Condition: Requires the written approval of the Union Cabinet.

• Duration: Must be approved by both Houses within $1$ month by a special majority (total membership majority and $\frac{2}{3}$ of members present and voting).

  • Valid for $6$ months at a time; must be renewed by Parliament to continue.

  • Revoked if the Lok Sabha passes a resolution of disapproval.

• Effects:

  • Fundamental Rights: Suspension of rights and the right to move courts for enforcement, except Articles $20$ and $21$.

  • Centre-State Relations: The system becomes unitary; States must follow all Union instructions.

  • Finances: Distribution of revenue between Centre and States can be altered; MP salaries may be affected.

  • Legislatures: The term of the Lok Sabha and State Assemblies can be extended by $1$ year at a time.

• Historical Examples:

  • October 26, 1962 (Chinese aggression); revoked Jan 10, 1968.

  • December 3, 1971 (Pakistan attack).

Breakdown of Constitutional Machinery (Article 356)

• Circumstances: Declared if the President is satisfied (via Governor's report or otherwise) that a State government cannot function according to the Constitution. Known as President’s Rule.

• Duration: Initially $2$ months. If ratified by Parliament, it lasts $6$ months. Max duration is $3$ years.

  • Extension beyond $1$ year requires: (a) National Emergency is operational, and (b) Election Commission certifies that holding elections is difficult.

• Effects:

  • President assumes the State government's functions (administered via the Governor).

  • State Assembly may be dissolved or suspended; the Union Parliament passes laws for that State and approves its Budget.

  • Expenditure can be authorized from the Consolidated Fund of the State if the Lok Sabha is not in session.

• Historical Examples:

  • First instance: 1951 in Punjab.

  • 1977: Imposed in $9$ states.

  • 1992: UP, MP, Rajasthan, and Himachal Pradesh.

  • 1997: Recommended for UP after violence in the Vidhan Sabha.

Financial Emergency (Article 360)

• Circumstances: Proclaimed if the financial stability or credit feasibility of the country is threatened.