The Union Executive (ICSE Notes)

The Union Executive (ICSE – Notes)

The President

• The executive power of the Indian Union is vested in the President. He/she exercises this power directly or through subordinate officers in accordance with the Constitution.

• Position: Head of the State; supreme commander of the Defence Forces of India.

• Powers exercised on the advice of the Prime Minister and the Council of Ministers; 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.

• 42nd Amendment Act: it is necessary for the President to exercise functions in accordance with the advice of the Council of Ministers.

Qualifications for Election (President)

• A person shall be eligible if he/she is:

  • (a) a citizen of India;

  • (b) has completed the age of 35 years; and

  • (c) is qualified for election as a member of the Lok Sabha.

• A person shall not be eligible if he/she holds any office of profit under the Government of India or State or under any local/other authority subject to control of those governments. However, simply being President, Vice-President, or a Minister (Union or State) does not constitute an “office of profit” for this purpose.

• A person who has held the office of President is eligible for re-election, subject to other constitutional provisions.

Composition of Electoral College

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

  • elected members of both Houses of Parliament; and

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

• Each elected member of Parliament has a vote; nominations from Rajya Sabha and State Assemblies are not eligible to be included.

• A presidential candidate must be proposed by at least 50 members of the Electoral College and seconded by another 50 members. The earlier requirement (10 proposers/10 seconders) was raised by Ordinance in June 1997 and later became law; the Ordinance also raised the security deposit from ₹2,500 to ₹15,000.

• Election is by the system of proportional representation by means of the single transferable vote and conducted by secret ballot.

Manner of Election (Key Details)

• There is uniformity in representation across States as far as possible.

• Every elected member of a State Assembly has as many votes as there are multiples of 1,000 in the quotient obtained by dividing the State’s population by the total number of elected members of the Assembly. In formula form:
  V{MLA} = 1000 imes ext{(number of thousands in the quotient)} = 1000 imes igg floor rac{Population{State}}{E_{State}} igg
  floor / 1000
  Simplified: the intended idea is that the value of an MLA’s vote is proportional to the population, scaled in thousands, as described by the text: the quotient Population/Number of elected MLAs, counted in thousands.

• The value of an MP’s vote is derived from the total votes assigned to MLAs of all states, divided by the total number of elected MPs. (Exact numerical weights are context-dependent and derived from the same weighting framework; the transcript provides a schematic illustration with numbers such as 10,000,000 per member and related totals.)

• Single Transferable Vote (STV): all candidates are listed; electors give preferences (1,2,3,4,…). First preferences are counted; if a candidate gets an absolute majority (>50%), they are elected. If not, the candidate with the least votes is eliminated and their second preferences are redistributed. This elimination continues until one candidate achieves an absolute majority.

• The 29th Constitution Amendment Act (1975) and the 44th Constitution Amendment Act (1978) provide that any dispute over the President’s election shall be decided by the Supreme Court.

Reasons for Indirect Election

1) A directly elected President could become a rival power centre to the Council of Ministers, undermining ministerial responsibility in a parliamentary system.

• Jawaharlal Nehru is quoted: a directly elected President cannot have real powers without balancing them with ministerial responsibility.
  2) If Parliament’s two Houses are dominated by one party, direct majority rule could make the President a party nominee rather than a national representative of states.
  3) The Electoral College structure ensures representation of states and the union, giving states a voice in the national presidency.

Oath of Office (President)

• Before entering office, the President takes an oath in the presence of the Chief Justice of India (or the senior-most judge if the Chief Justice is unavailable) to:
  1) discharge the functions of the President of India,
  2) preserve, protect and defend the Constitution and the law,
  3) devote himself/herself to the service and well-being of the people of India.

Term of Office

• The President holds office for a term of five years from the date of entering office.

• He/she continues to hold office notwithstanding the expiry of the term until his/her successor takes charge.

Vacation of Office

• The President may resign by submitting a resignation letter to the Vice-President, who communicates it to the Speaker of the Lok Sabha.

• A President may be removed from office by impeachment for violation of the Constitution.

Procedure for Impeachment of the President

1) Either House may level charges: a resolution is moved after at least fourteen days’ written notice signed by not less than one-fourth of the total membership of the House; the resolution must be passed by a two-thirds majority of the total membership of the House.
2) The other House investigates the charge; the President has the right to appear and be represented during the investigation.
3) If, as a result of the investigation, the firing House passes a resolution by a two-thirds majority of its total membership declaring that the charge is sustained, the President is removed from office.

Powers of the President of India

Executive Powers

• Head of the Union Administration: All executive orders are issued in the President’s name; all Union officials are under him/her.

• Appointments: The President appoints

  • The Prime Minister and the Council of Ministers on the Prime Minister’s advice; he/she summons the leader of the majority group to form the government.

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

  • The Governors of the States.

• Treaties and international agreements are concluded in the President’s name.

• The President represents India in international conferences.

Legislative Powers

• Addresses Sessions of Parliament: At the first session after each general election and at the start of each year, he/she addresses both Houses, outlining internal and external policy emphases.

• Messages to Parliament: The President can send messages to either House on matters of pending legislation or other government matters.

• Summon and Prorogue the Houses: The President can summon and prorogue the Houses; the President also has the power to fix parliamentary sessions and ensure no gap of more than six months between sessions.

• The President exercises these powers in relation to the Union Public Service Commission; the Election Commission; the Planning Commission; and other constitutional bodies when required (as per the transcript’s references).

• Control over State Governments: The Union Government can issue directions to a State; during President’s Rule, Union control is complete.

• Union Territories and Border Areas: Administration of UTs and border areas lies with the President.

Diplomatic Powers

• Appointment of Indian ambassadors; receives ambassadors; generally shapes international representation.

Assent to Bills

• No Bill can become law without the President’s assent and signature.

• After a Bill is passed by both Houses, it is sent to the President who may:

  • give assent,

  • withhold assent,

  • return the Bill with recommendations for reconsideration.

• If the Bill is passed again in the same form, the President must give assent.

• Houselaw typically requires consideration of the President’s recommendations.

Promulgation of Ordinances (Article 123)

• The President can promulgate an Ordinance, which has the same status as an Act of Parliament.

• The President can withdraw the Ordinance at any time.

• Conditions:

  • The President must be satisfied that circumstances require immediate action.

  • An Ordinance can be promulgated when both Houses are not in session; if one House is in session, promulgation is not barred.

  • The Ordinance must be laid before both Houses on reassembly; if Parliament does not approve it, it lapses.

  • If not disapproved, the Ordinance ceases to operate at the end of six weeks from re-assembly (or six weeks after Parliament re-assembles if in session).

  • If replaced by an Act of Parliament, the Ordinance lapses.

Assent to State Bills

• The Governor may reserve certain State Bills for consideration of the President.

• The President may refuse assent or send back for reconsideration. Bills affecting High Courts’ powers or other constitutional matters may be reserved for President’s consideration.

Formation of New States

• A Bill for forming new States or altering areas of existing States cannot be introduced except on the President’s recommendation.

Financial Powers

• Money Bills can be introduced only on the President’s recommendation.

• The Annual Budget: The Finance Minister presents the Budget on behalf of the President.

• The Annual Financial Statement is laid before Parliament on behalf of the President.

• The President can authorize withdrawal from the Contingency Fund of India to cover unforeseen expenditures; such expenditures must be subsequently approved by Parliament.

• Every five years, the President appoints a Finance Commission (Chairman + four members). The Commission recommends financial measures to the President.

Military Powers

• The President is the Supreme Commander of the Armed Forces of India.

• He/she appoints the Chiefs of the three wings (Army, Navy, Air) subject to constitutional rules.

• The President has the power to declare war and peace on the advice of the Council of Ministers.

Judicial Powers

• The President is not answerable before any court for the exercise of his/her powers and duties.

• No criminal suit can be initiated against the President during his/her tenure.

• The President has the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend/remit/commute sentences of persons convicted of offences:

  • (a) in cases where punishment/sentence is by a Court Martial;

  • (b) in offences under laws relating to Union and Concurrent Lists;

  • (c) in all cases where there is a death sentence.

Discretionary Powers

• The President enjoys certain discretionary powers (with grey areas requiring judgment):
  1) Appointment of the Prime Minister in a hung Parliament where no single party commands a clear majority. The President cannot appoint the PM on the outgoing PM’s advice if the latter has lost the election or no longer commands the House.
  2) Appointment of a Prime Minister in case of sudden death (e.g., after assassination) where the ruling party cannot immediately elect a leader.
  3) General Emergency-related decisions: If the ruling party loses majority or faces a no-confidence vote, the President may dissolve the Lok Sabha or invite another party to prove majority.
  4) Dismiss Ministers if the Council of Ministers loses the confidence of the House but refuses to resign.

Emergency Powers

An Emergency is a state of imminent danger or crisis requiring extraordinary actions. The President can proclaim emergencies under three schemes:

I. National or General Emergency (Article 352)

• Declaration: If the President is satisfied that a grave emergency exists threatening the country’s security or peace (foreign aggression, war, armed rebellion, etc.), he/she may proclaim an Emergency with the Union Cabinet’s written approval.

• Duration and Renewal:

  • The proclamation must be approved by both Houses within one month by a special majority (majority of the total membership of each House and not less than two-thirds of members present and voting).

  • It cannot operate for more than six months at a time without renewal.

  • It must be renewed by Parliament every six months; if the Lok Sabha passes a resolution disapproving the Emergency, the proclamation is revoked.

• Effects on Fundamental Rights:

  • Fundamental Rights can be partially or wholly suspended; right to move the Supreme Court or a State High Court for enforcement of rights may be suspended (except Articles 20 and 21).

• Centre–State relations:

  • The Centre may assume greater control; distribution of revenues and Centre-directed governance can be altered; local federal structure is weakened.

• Parliament’s powers: Lok Sabha and Rajya Sabha can pass laws on any subject, including State List subjects.

• Lok Sabha term: May be extended for up to one year at a time; similar extensions may apply to State Legislatures.

• Examples cited: First national emergency in 1962 (China threat), revoked in 1968; second national emergency in 1971 following Pakistan’s action.

II. Breakdown of Constitutional Machinery (President’s Rule in a State) (Article 356)

• Circumstances: If the President is satisfied that the governance of a State cannot be carried out according to the Constitution.

• Duration:

  • Normally two months; if needed, Parliament can ratify the proclamation; it ceases to be valid six months after issue even if ratified; it can be extended by a further six months.

  • Normally, President’s Rule can continue for up to one year; extensions may be possible under two conditions:

  • a Proclamation of Emergency is in operation in the whole country or in part of the State, and

  • the Election Commission certifies that holding elections to the State Legislative Assembly is difficult.

  • No such proclamation shall remain in force for more than three years.

• Effects in the State:
  1) State administration is placed under the President (Union Government); the Governor acts on Union directions.
  2) The President may dissolve the State Legislative Assembly and dismiss the Council of Ministers, or keep the Assembly and Council in suspended animation. Parliament can pass laws on State List subjects for that State, including the State’s budget.
  3) When Lok Sabha is not in session, the President may authorize expenditure from the State’s Consolidated Fund.
  4) The President may suspend constitutional provisions relating to any State authority, except High Courts.

• Examples: Punjab 1951; 1977 (nine States under President’s Rule); 1992 (UP, MP, Rajasthan, Himachal Pradesh); 1997 UP after violence in Vidhan Sabha; 2014 Delhi following resignation of the Delhi Chief Minister and his Council.

III. Financial Emergency (Article 360)

• Circumstances: If the President is satisfied that the financial stability or credit of the country is threatened.

• Duration: Proclamation laid before both Houses; valid for two months unless both Houses pass resolutions in support.

• If Lok Sabha is dissolved and Rajya Sabha passes a resolution, the proclamation ceases to exist 30 days after the reconstitution of the Lok Sabha.

• Effects:
  1) The President may appoint a Finance Commission to suggest remedies; measures can be taken to restore financial stability per the Commission’s recommendations.
  2) The President can reduce salaries/allowances of all or any class of persons (including Supreme Court/High Court judges).
  3) All Money Bills passed by Lok Sabha are submitted to the President for consideration.
  4) The President may issue instructions to States regarding utilization of funds as deemed fit.
  5) The President may order the State to submit Money Bills to him for assent.

• Note: Financial Emergency has never been declared in the Constitution’s history.

The Vice-President

• Article 63 provides for a Vice-President of India.

Qualifications for Election (Vice-President)

• Eligibility:

  • (a) a citizen of India;

  • (b) has completed the age of 35 years; and

  • (c) is qualified for election as a member of the Council of States (Rajya Sabha).

• Ineligible if holding any office of profit under the Government of India, a State government, or any local authority under control of those governments.

Election

• An Electoral College consisting of members of both Houses of Parliament elects the Vice-President.

• Election method: proportional representation by means of the single transferable vote; voting is by secret ballot.

• Nomination: Each nomination paper must be proposed by at least 20 electors (MPs) and seconded by another 20 electors. The earlier requirement was 5 proposers/5 seconders.

Oath of Office

• Before taking office, the Vice-President takes an oath before the President (or a appointed representative) to:

  • bear true faith and allegiance to the Constitution of India; and

  • faithfully discharge his duties.

Term of Office

• 5-year term from the date of taking office; may resign by written notice to the President; may be removed by impeachment for violation of the Constitution; continues to hold office until successor enters, even after term expiry.

Powers and Functions

1) Chairman of the Rajya Sabha: Ex-officio Chairman; regulates debates/proceedings, decides order of speeches, admissibility of resolutions/questions, may suspend/adjourn the House for grave disorder. Also issues directions to committee chairmen regarding their functioning. The Vice-President’s salary is waived for the VP role and is considered only for the Rajya Sabha chairmanship. In his/her absence, the Deputy Chairman (elected by Rajya Sabha) heads the Rajya Sabha.
2) Taking over as President: The Vice-President acts as President in cases of:

• death of the President,

• resignation of the President,

• removal of the President, or

• when the President is unable to discharge their functions due to absence, illness, or other reasons.

  • In such cases, the Vice-President acts as President until a new President is elected.

  • Distinctive feature: The Vice-President is the second head of the Union Executive and also the ex-officio Chairman of the Rajya Sabha, making this a dual office—a unique feature of the Indian Constitution.

• The President’s role emphasizes a balance between ceremonial duties and real executive powers exercised through a constitutional framework (Council of Ministers). The advisory role of the Council of Ministers aligns with the principle of collective responsibility in a parliamentary system.

• Indirect election through an Electoral College (and the STV system) aims to balance federal representation (states) with national leadership, while guarding against direct populist presidency and concentration of power.

• Emergency provisions illustrate how constitutional emergency powers are designed to preserve national sovereignty and constitutional order, albeit with checks (cabinet approval, parliamentary oversight, and time-bound renewals).

• Discretionary powers highlight scenarios of constitutional prudence and judgment in exceptional circumstances (hung Parliament, sudden vacancies, or dissolution scenarios).

• The Vice-President’s dual role as ex-officio Rajya Sabha Chairman and potential acting President reflects a separation of legislative leadership from executive authority, while maintaining continuity of governance.

Key Formulas and Numeric References (as in the text)

• MLA voting value (State representation):
  V{MLA} = 1000 x ext{(number of thousands in } rac{Population{ ext{State}}}{E{ ext{State}}} ext{)} \ ext{or equivalently } V{MLA} = 1000 imes igg
  floor rac{Population{ ext{State}}}{E{ ext{State}}} igg
  floor / 1000 ext{ (per wording in text)}. $$
  The key idea is that the vote weight for a State’s MLA is proportional to population and scaled to thousands.

• Spirit of STV: voters rank candidates; first-paste majority threshold is an absolute majority (>50%). If no one achieves it, least votes are eliminated and their ballots redistributed according to second preferences, continuing until a winner emerges.

• Deposit and nomination thresholds (1967–1997): deposit increased from ₹2,500 to ₹15,000; candidate nominations require 50 proposers and 50 seconders (previously 10/10).

Summary of Real-World Relevance

• The indirect election of the President maintains a federal character, ensuring both states and the Centre have a voice at the highest constitutional level.

• The President’s powers cover a broad spectrum—from executive actions to legislative interactions, foreign policy representations, and crisis management via Emergency provisions—reflecting the responsibilities of a constitutional head of state in a large, diverse democracy.

• The Vice-President’s role as Rajya Sabha Chairman provides a stable parliamentary leadership mechanism, while the potential acting-presidency ensures continuity of constitutional operation in crises.