CHAPTER 6 THE UNION EXECUTIVE (THE PRESIDENT OF INDIA,THE VICE PRESIDENT)

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THE PRESIDENT OF INDIA:

• Article 52 says there shall be a President of India.
• Article 53 says that all executive powers of the Union shall be vested in the President.

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Election of the President (Article 54 & 55):

• The Constitution deals with the election of the President under Articles 54 and 55 and the Vice-President Act of 1952 which was amended in 1974.
• The President is elected by the members of an electoral college consisting of:
  1. The elected members of both Houses of Parliament
  2. The elected members of the Legislative Assemblies of the States
• The nominated members of both Houses of Parliament, the nominated members of the State Legislative Councils and the members of the State Legislative Councils do not participate in the election of the President.
• This election is held in accordance with a system of proportional representation by means of a single transferable vote and the voting is by secret ballot.

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Value of the vote of an MLA:

$$\text{Value of the vote of an MLA} = \frac{\text{Population of the State}}{\text{Total elected Members of the State Legislative Assembly}} \times \frac{1}{1000}$$

• This means that value of the vote of an MLA differs from one State to another. This is done to maintain parity of representation in terms of population.

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Value of the vote of an MP:

Value of the vote of an MP=Total value of votes of all MLAsTotal elected Members of Parliament\text{Value of the vote of an MP} = \frac{\text{Total value of votes of all MLAs}}{\text{Total elected Members of Parliament}}

UNION GOVERNMENT:

│

├── LEGISLATURE (Parliament)

│   │

│   ├── President

│   ├── Rajya Sabha (Upper House)

│   └── Lok Sabha (Lower House)

│

├── EXECUTIVE

│   │

│   ├── President

│   │   ├── Head of State

│   │   ├── Executive Powers

│   │   ├── Legislative Powers

│   │   ├── Judicial Powers

│   │   └── Emergency Powers

│   │

│   ├── Vice-President

│   │   └── Chairman of Rajya Sabha

│   │

│   ├── Prime Minister

│   │   └── Real Executive Head

│   │

│   └── Council of Ministers

│       ├── Cabinet Ministers

│       ├── Ministers of State

│       └── Deputy Ministers

│

├── JUDICIARY

│   │

│   ├── Supreme Court

│   │   ├── Chief Justice of India

│   │   └── Other Judges

│   │

│   └── Functions

│       ├── Interpretation of Constitution

│       ├── Judicial Review

│       └── Protection of Fundamental Rights

│

└── OTHER CONSTITUTIONAL BODIES

    │

    ├── Election Commission

    ├── UPSC

    ├── Finance Commission

    ├── CAG

    └── Attorney General of India​

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Other Important Points:

• For nomination of a person for the election of President, a minimum of 50 proposers and 50 seconders is required.
• No elector shall subscribe to more than one nomination paper at the same election.
• The value of vote of an MLA and MP is such that it ensures parity between the States and the Union.
• To be declared elected to the office of the President, a candidate must secure more than 50% of the valid votes.
• Amount deposited by a candidate shall be forfeited if the candidate fails to secure 1/6th of the valid votes polled.
• In case of any dispute regarding the election of the President, the matter is decided by the Supreme Court, whose decision is final.

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• Disputes regarding election of the President can be decided only by the Supreme Court.
• No election can be held on account of vacancies in the electoral college.
• The election of the President cannot be challenged after declaration except through Supreme Court

Qualifications for Election as President (Art. 58):

1. He must be a citizen of India.
2. He must have attained 35 years of age.
3. He must be qualified to be a member of the Lok Sabha.
4. He must not hold any office of profit under Central or State government or any local or other authority.
   • Exception for this are a sitting President or Vice-President of India, Governor and minister of the Union or of any State.

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Tenure of President (Article 56):

• President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
• The President shall hold office for five years in general.

• Removal of President be as follows:

  (i) President may resign by writing to Vice-President.
  (ii) President may, for violation of the Constitution, be removed from office by impeachment (Article 61).

• In case of vacancy caused by resignation, death or impeachment, a new President should be elected within six months.
• In above cases, the Vice-President acts as an acting President till the new President enters the office. During such period he receives the salary and the facilities of President’s post.

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Impeachment (removal) of the President (Art. 61):

• Under Article 61 of the Constitution, the President of India can be impeached for the violation of the Constitution, which is solely to be decided by the Parliament.
• The procedure for impeachment can be initiated in either House of the Parliament.
• The impeachment procedure is quasi-judicial in nature because after a resolution to this effect is passed by the originating House by a 2/3rd majority (resolution supported by not less than 25% of the members of the House and to be moved only after a prior notice of 14 days to the President), the other House sets up a Committee to investigate the charges against the President.
• The President can defend himself by taking service of the Attorney-General of India or any other lawyer of his choice.
• If the second House also passes the Resolution with the same 2/3rd majority, the President stands impeached.

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Powers and Functions of the President:

• The executive power of the Union is vested in the President and all executive actions are carried out in the name of the President (Article 53 & Article 77).
• He has power to appoint the Prime Minister and on his advice to appoint other Ministers of the Union (Art. 75).
• He also appoints:
  • Attorney General of India (AGI)
  • Comptroller and Auditor General of India (CAG)
  • Judges of the Supreme Court and High Courts
  • The Governor of a State or Lt. Governor/Administrator of Union Territories
  • Members of the Union Public Service Commission and Joint Commission
  • Chief Election Commissioner and other members of the Election Commission
  • Finance Commission
  • Commission on official language
  • Special officer for SC/ST area
  • Commission to investigate the condition of Backward Classes
  • Special Officer for linguistic minorities
• The President is the Supreme Commander of the defence forces, however the Parliament can regulate military powers (Art. 53).
• All treaties and international agreements are negotiated and concluded in the name of President though subject to ratification by Parliament.
• President receives and sends Ambassadors and other diplomatic representatives.
• President has power to summon and prorogue the Parliament and dissolve the Lok Sabha (Art. 85).
• The President can call a joint session in case of a conflict between the two Houses on ordinary bill (Art. 108).
• President addresses the Houses of Parliament separately or jointly after each general election and at the first session each year (Art. 87).
• Certain bills require prior approval of the President for introduction in the Parliament. These are:
  • Money Bill
  • Finance Bill of first class
  • Bill for the recognition of new State
  • Alteration of State boundaries
  • State Bill imposing restriction on freedom of trade and commerce
• The President enjoys veto power usually called pocket veto, which can be used for withholding bill for any time (Art. 111).
• President may promulgate ordinances under Article 123 except when both the Houses are in session.
• Ordinance issued under Art. 123 must receive approval of Parliament (both the houses) within six weeks of the reassembly of the Parliament.

• 
  

Powers of President under Article 72:

The President has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.

He can grant pardons in case of death sentence on the advice of Council of Ministers (Art. 72).

Power — Feature

• Pardon → Completely absolves the offender.
• Commutation → Substitution of one form of punishment to lighter form.
• Remission → Reduction of the amount without changing its character.
• Respite → Awarding a lesser punishment on special ground e.g. (pregnancy).
• Reprieve → Temporary suspension of death sentence.

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Powers of President during Emergency:

President has extraordinary powers to declare emergency to meet any kind of threat to country. Constitution provides three types of emergencies:

(a) National Emergency:

• Due to war, external aggression or armed rebellion (Art. 352).

(b) State Emergency:

• Due to failure of constitutional machinery in States (Art. 356).

(c) Financial Emergency:

• Due to financial instability (Art. 360).

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Do You Know?

• During National Emergency all Fundamental Rights except those under Article 20 and 21 are suspended.
• Proclamation under Article 352 can be made only when Union Cabinet ministers headed by the Prime Minister asked him in writing.

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THE VICE PRESIDENT:

Articles:

• Article 63 provides that there shall be a Vice-President of India.
• Article 64 says that the Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit.

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Other Points:

• Vice-President gets salary for being Chairman of Rajya Sabha and not for being Vice-President.
• He is elected by an electoral college consisting of all the members (elected + nominated) of the Parliament.
• He holds office for 5 years or until his successor enters upon the office.
• Vice-President may be removed by a resolution of the Council of States passed by a majority and agreed to by the House of the People.
• Removal of Vice-President can only be initiated in Rajya Sabha.

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Qualifications:

For election as Vice-President a person must:

(a) be a citizen of India.

(b) has completed the age of 35 years.

(c) be qualified for election as a member of Rajya Sabha.

(d) not hold any office of profit under the Central or State Government.

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Other Functions:

• Vice-President while discharging the functions of the President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges of the President.

The Presidents of India:

Sl. No —        Name —                   Period

1. Dr. Rajendra Prasad
                                      January 26, 1950 to May 13, 1962
2. Dr. S. Radhakrishnan
                                       May 13, 1962 to May 13, 1967

3. Dr. Zakir Hussain (died in office)
                                                       May 13, 1967 to May 3, 1969
   Varahagiri Venkat Giri (acting)
                                       May 3, 1969 to July 20, 1969
   Justice M. Hidayatullah (acting)
                                                          July 20, 1969 to August 24, 1969

4. Varahagiri Venkat Giri
                                                                 August 24, 1969 to August 24, 1974

5. Fakruddin Ali Ahmed (died in office)
                                                               August 24, 1974 to February 11, 1977
   B.D. Jatti (acting)
                                                  February 11, 1977 to July 25, 1977

6. Neelam Sanjeeva Reddy (elected unopposed)
                                                             July 25, 1977 to July 25, 1982
   M. Hidayatullah (acting)
                                        Oct. 6, 1982 to Oct. 31, 1982

7. Giani Zail Singh
                                                      July 25, 1982 to July 25, 1987
8. R. Venkataraman
                                July 25, 1987 to July 25, 1992
9. Dr. Shankar Dayal Sharma
                                               July 25, 1992 to July 25, 1997
10. K.R. Narayanan
                 July 25, 1997 to July 25, 2002
11. A.P.J. Abdul Kalam
                       July 25, 2002 to July 25, 2007
12. Smt. Pratibha Devisingh Patil
                                        July 25, 2007 to July 25, 2012
13. Pranab Mukherjee
                          July 25, 2012 to July 25, 2017

14. Ram Nath Kovind
                 July 25, 2017 to July 25, 2022
15. Droupadi Murmu 
                           July 25, 2022 – Present

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Vice-Presidents of India:

1. Dr. S. Radhakrishnan — 1952–1962
2. Dr. Zakir Hussain — 1962–1967
3. Varahagiri Venkata Giri — 1967–1969
4. Gopal Swarup Pathak — 1969–1974
5. B.D. Jatti — 1974–1979
6. Mohammad Hidayatullah — 1979–1984
7. R. Venkataraman — 1984–1987
8. Dr. Shankar Dayal Sharma — 1987–1992
9. K.R. Narayanan — 1992–1997
10. Krishan Kant — 1997–2002
11. Bhairon Singh Shekhawat — 2002–2007
12. Mohammad Hamid Ansari — 2007–2017

13. M. Venkaiah Naidu
    2017–2022
14. Jagdeep Dhankhar 
    2022 
15. C.P Radhakrishnan 

 UNION EXECUTIVE – CONSTITUTIONAL ARTICLES:

 1. The President (Articles 52–62)

• Article 52 – There shall be a President of India
• Article 53 – Executive power of the Union
• Article 54 – Election of President
• Article 55 – Manner of election
• Article 56 – Term (5 years)
• Article 57 – Re-election eligibility
• Article 58 – Qualifications
• Article 59 – Conditions of office
• Article 60 – Oath or affirmation
• Article 61 – Impeachment procedure
• Article 62 – Time of election to fill vacancy

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 2. Vice-President (Articles 63–71)

• Article 63 – Vice-President of India
• Article 64 – Ex-officio Chairman of Rajya Sabha
• Article 65 – Acts as President when needed
• Article 66 – Election
• Article 67 – Term (5 years)
• Article 68 – Vacancy filling
• Article 69 – Oath
• Article 70 – Other contingencies
• Article 71 – Election disputes

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 3. Council of Ministers (Articles 74–75)

• Article 74 – Council of Ministers to aid and advise President
• Article 75 – Appointment, tenure, and responsibility

 Key Point: Real executive power lies with the Council of Ministers led by the Prime Minister

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 4. The Prime Minister (Article 75)

• Not directly mentioned separately but derived from Article 75
• Head of Government
• Leader of Council of Ministers

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 5. Attorney General of India (Article 76)

• Article 76 – Highest law officer of India

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 6. Conduct of Government Business (Articles 77–78)

• Article 77 – Conduct of business of Government of India
• Article 78 – Duties of Prime Minister 

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CONTINUED........................