3. The Union Executive

Introduction

UE of the Govt of India consists of President, VP, PM and his Council of Ministers.

President – Head of the Indian Union + occupies the highest office in the country, Head of State in strict legal sense, bound to accept the advice given by CM and his COME, nominal head of State.

Real Head of State – COME with PM as its head.

Qualification for Election

Should be a citizen of India

Should have completed 35 years of age at the time of Election.

Should not hold an office of profit under the UG, SG or LB.

Should be qualified for election as a member of the LS

He should be proposed by atleast by 10 electors and seconded by another 10 electors of the EC which elects the President of India.

Should deposit a sum of money as security, which stands fortified if a candidate fails to secure 1/6th of the votes.

President’s Election

The President of India is indirectly elected by an electoral college which consists of:

Elected Members of the VS of all the federating states

Elected members of the LS and the RS.

Our Constitution maintains parity between Parliament on one hand and all the State Assemblies on the other hand

Means the total votes cast by both the Houses of Parliament should be equal to the total votes to be cast by all the SLA.

Constitution stipulates for uniformity in the scale of representations of the different States in the election of the President.

Election through System of Proportional Representation

• Election of the President is held in accordance with the system of proportional representation by means of the STVS.

• PR- refers to the vote value of each MP or each MLA.

Impeachment of President• Can be removed from the office for violation of the Constitution by a special trial

conducted by Parliament.

• Either House of Parliament can frame charges against President and charges must be preferred by either House at a notice of 14 days.

• Notice must be signed by atleast 1/4th of the total number of members of that House.

• A resolution with the charge has to be passed by a majority of at least 2/3rds of the total members of the House.

• Charges are investigated by the Second House.

• If charges are confirmed by a 2/3rds majority in the Second Chamber then the President stands removed from office with effect from the date on which such a resolution is passed.

• Impeachment is the only punishment to President for violations of the Constitution.

Powers of the President

1. Executive Powers

2. Legislative Powers

3. Financial Powers

4. Judicial Powers

5. Military Powers

6. Diplomatic Powers

7. Emergency Powers

1. Executive Powers

1. President – Head of the Executive, appoints the key posts , all executive orders are issued in his name.

2. He appoints:

• PM & COM on his advice

• Governors of States, the Lt. Governors and Chief Commissioners of the UT.

• Chief Judges, Judges of the Supreme Court & High Courts

• Chairman & Members of the UPSC

• Controller and AGI

• Attorney- General of India

• Chairman and Members of the Planning Commission

• Chairman and Members of the Economic Commission

1. Legislative Powers 1. Summons and proorogues the sessions of Parliament and may dissolve the LS

even before the expiry of its term on the advice of the PM.

2. Addresses both Houses of Parliament assembled together and outlines the policies, after each GE at the commencement of the I Session of the LS.

3. May call a JS of Parliament in case of deadlock between the 2 Houses on a money bill.

4. Nominates 12 members of the RS and 2 members of the AIC to LS.

5. MB cannot be introduced in LS without the prior approval of President. Any bill seeking to make alteration in the boundaries of States needs prior approval of the President before its introduction in the Parliament.

6. Bills passed by Parliament become Acts only after the President gives his assent if he so desires, may withhold his assent, may return the bill to the Parliament for amendments, if he desires so. If the bill is passed again with or without amendments, the President is obliged to give his assent to the bill.

7. Can issue ordinances when the Parliament is not in session.

2. Financial Powers

1. No money bill can be introduced in Parliament without his prior consent.

2. The annual budget of the UG for the ensuring year is placed before FM on behalf of the President.

3. President constitutes a FC once in every 5 years.

4. CFI is at President’s disposal.

3. Judicial Powers

1. Has the power to grant pardon, to remit or suspend a sentence of punishment on an appeal for mercy. Can commute even a death sentence to life imprisonment in respect of an offender who has been sentenced to death by Supreme Court.

2. Is not answerable before any court of law for the exercise of his powers.

3. No criminal suit can be identified against him during his tenure of office.

3. Military Powers

1. Supreme Commander of the Defence Forces.

2. Appoints the Chiefs of the 3 of the Defence Forces subject to certain rules and regulations.

3. Can declare war or make peace with any foreign power on the advice of his COM.

4.

4. Diplomatic Powers

1. Represents his country in international affairs.

2. Appoints Indian ambassadors to foreign countries and receives ambassadors and other diplomatic representatives of foreign nationals.

3. Enters into treaties and agreements with other nations subject to ratification by the Parliament.

5. Emergency Powers

1. Emergency due to threat to the Security of India- If the President is satisfied that a grave emergency exists whereby the security of India or any part of it is threatened, he may declare a General Emergency.

2. President cannot declare such an emergency unless the decision of the Union Cabinet is communicated to him in writing.

3. Effects of Proclamation:

• President becomes the sole administrator of the country.

• The President may issue an order to suspend the right of people to move any court for the enforcement of the rights conferred by Part III of the Constitution.

• Can alter the financial arrangements between the States and the Centre by issuing an order to the effect.

5. Emergency Powers 1. Emergency due to Breakdown of Constitutional Machinery: A situation in

which the Govt of a state cannot be carried on as er the provisions of the Constitution. If the President on receipt of such a report from the Governor of the State, or otherwise is satisfied of the breakdown of the CM, may declare an emergency in the state thus affected and impose PR.

2. Proclamation of PR in the state has to be approved by a simple majority in each house within 2 months from the date of issue. If not approved then it cannot declare an emergency.

3. The PSE remains in operation for 6 months from its date of issue. Cannot remain in force for more than 3 years without an CA.

4. SA is placed directly under the President & the Union Govt. President may dissolve the VS and dismiss the COME or may keep the Assembly of COME In suspended animation. UP is entitled to pass laws, even on all the Subjects of the SL. Annual Budget is also presented to and passed by the Parliament.

5. President cannot assume to himself any of the power vested in a High Court.

5. Emergency Powers

1. Financial Emergency: Where the President is satisfied that a situation has arisen whereby the financial stability or credit of India is threatened, he may declare POFEM.

2. POFEM has to be laid before each House of the Parliament within two months from the date of its declaration. If not approved by 2 Houses of the Parliament then it ceases to operate.

3. The FE continues until it is evoked by the President.

4. May appoint FC to suggest ways and means to get the country out of the financial crisis.

5. Salaries and allowances of the public servants under the Union as well as State, Judges of the SC and HC can be reduced.

6. Can instruct the States in regard to the utilization of funds in the manner he thinks fit.

7. May order the State Money Bills to be submitted to him for his assent.

8. May adopt other suitable measures to restore financial stability in the country.

The Vice President

1. Qualification for contesting:

• Must be a citizen of India.

• Must ‘ve completed the age of 35 years.

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

• Must not hold any office of profit under the Union or State Govts.

Electoral College

1. Elected by an EC, consisting of members of both the Houses of Parliament, according to the system of PR by means of the STV, system of SB is used during voting. Disputes in connection wit the election of VP are settled by the SC.

2. Holds the office for 5 years, eligible for re election for any number of times, may resign from office before the completion of his term, by writing his resignation letter addressing the President.

3. If office of VP falls vacant by reason of death, resignation or removal, election should be held as early as possible. After his term the VP continues to hold his office unitl his successor takes charge.

Removal & Powers of VP

• Removal: May be removed before the expiry of his term by a resolution of the RS passed by a majority of the votes and agreed to by the LS. Resolution must be initiated in RS only.

• Powers: VP is the EOC of the RS.

• VP officiates as President when the latter is unable to discharge his duties due to illness or absence from the country.

• If the office of President falls vacant due to his resignation, death or impeachment, the VP officiates as President for a maximum period of 6 months. President must be elected within this period of 6 months