THE UNION EXECUTIVE

 THE UNION EXECUTIVE

 THE PRESIDENT 

Article 52 provides that there shall be a President of India. 

• The president is the head of the Indian state. He is the first citizen of India 

The ExecutivePower of Union Article 53 

• Article 53 provides that executive power of the union shall be vested in the president and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution. 

• The president shall be the supreme commander of Defence forces in India. 

Election of President article 54 

• Article 54 provides that the president shall be elected by the members of the electoral college consisting of: 

A. Elected members of both houses of Parliament and 

B. Elected members of Legislative assemblies of state 

• State includes the national capital territory of Delhi and the union territory of Pondicherry. It means that elected members of the Legislative assemblies of NCT of Delhi and the union territory of Pondicherry shall also be eligible to vote in the election for president.

• Members who do not participate in the election of the president: it is to be noted that 

1. nominated members of both the houses of Parliament; and 

2. nominated members of state legislative assembly; and 

3. members both elected and nominated of state legislative council[ in case of bicameral Legislature] and 

4. Nominated members of legislative assemblies of Delhi and Puducherry do not participate in the election of the president. 

 Article 55 

• Provides that there shall be uniformity in the scale of Representation of different states as well as parity between the state as a whole and union at the election of the president. 

• The presidential election is held in accordance with the system of proportional representation by means of a Single Transferable Vote and the voting is by secret ballot[Article 55(3)]

 Term, Resignation, And Re-Election [Article 56] 

• Provides that the president shall hold office for the term of five years from the date on which he enters his office.

• The president may resign by addressing his resignation to the vice president 

• The president may for violation of the constitution be removed from office by impeachment in the manner provided in Article 61.

• The president shall notwithstanding the expiration of his term, continue to hold the office until his successor enters upon his office.

• Resignation address to the vice president shall be communicated by him to the speaker of the House of People. 

Article 57 provides that the person who holds or has held the office of president shall subject to the other provisions of the Constitution be eligible for re-election to that office. 

Qualification for the election of the president [article 58] 

• Article 58 provides that the following shall be the qualification for the election of the president. 

1. He should be a citizen of India. 

2. He should have completed 35 years of age. 

3. He should be qualified for election as a member of the Lok Sabha. 

4. He should not hold any office of profit under the union government or any State government or any local authority or any other public authority.

 

• A sitting president or vice president of the union, the governor of any state, and a Minister of the union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate. 

Conditions of the President's Office [article 59] 

• Article 59 provides that the president shall not be a member of either the House of Parliament or the House of Legislature of any state. 

• If a member of either House of Parliament or of House of the Legislature of any state be elected president, he shall be deemed to have vacated his office in that house on the date on which he enters upon his office as a president. 

• The President shall not hold any other office of profit. 

• The president shall be entitled without payment of rent to the use of his official residence and shall be also entitled to search emoluments, Allowances, and privileges as may be determined by the Parliament by law. 

• The emoluments and allowances of the president shall not be diminished during his term of office. 

Oath or affirmation by the president [article 60]

 • Article 60 provides that before entering his office, the president has to make and subscribe to an oath or affirmation. In his oath, the president swears: 

1. To faithfully execute the office. 

2. To preserve, protect and Defend the constitution and law; and 

3. To devote himself to the service and well-being of the people of India. 

• The Oath of the office of president is administered by the Chief Justice of India and in his absence, the senior most judge of the Supreme Court available. 

• Any other person acting as a president or discharging the functions of the president also undertake a similar oath or affirmation. 

Impeachment of the president [article 61] 

• Article 61 provides the procedure for impeachment of the president. 

• Grounds: the president is impeached on the ground of violation of the constitution. The constitution does not define the meaning of phase ‘violation of the constitution’. 

• The impeachment charges can be initiated by either House of the Parliament. 

• 14 days prior notice 

• These charges should be signed by one-fourth members of the house (that framed the charges). 

• The president has the right to appear and to be represented at such investigation. 

• If the other house also sustains the charges and passes the impeachment resolution by a majority of two third and total memberships, then the president stands removed from his office from the date on which the resolution is so passed. 

• in the context of impeachment, two things should be noted:- 

1. The nominated members Of either House of Parliament can participate in the impeachment of the president though they do not participate in his election; 

2. The elected member of legislative assemblies of the states and union territories of Delhi and Puducherry do not participate in the impeachment of the president do they participate in his election? 

• To date no president has been impeached. 

Vacancy, time for holding an election, etc [article 62] 

• Article 62 provides that an election to fill a vacancy caused by the expiration of the term of office of president shall be completed before the expiration of the term of the president.

 • Vacation in the president's office 

1. On the expiry of his tenure of 5 years 

2. by his resignation 

3. on his removal by the process of impeachment 

4. by his death 

5. Otherwise [when he becomes disqualified to hold the office or when his election is declared void]. 

• In the case of any delay in conducting the elections of a new president for any reason, the outgoing president continues to hold office for his term of 5 years until his successor assumes the charge. It is to be noted that in this situation the Vice-President does not get an opportunity to act as a president. 

• If the office is falsely vacant by resignation, removal, death, or otherwise, then the election to fill the vacancy should be held within six months from the date of occurrence of such a vacancy. 

• The newly elected president remains in office for a full term of five years from the date he assumes the charge of his office. 

Situations where the vice president acts as a president Article 65 

• When a vacancy occurs in the office of the president due to his resignation, removal, death, or otherwise, the vice president acts as the President until our new President is elected Article 65(1). 

• When the sitting president is unable to discharge his function due to absence, illness, or any other cause the vice president discharges his functions until the president resumes his office Article 65(2) 

• in the case of the office of the vice president is vacant, the Chief Justice of India for if his office is also vacant the senior judge of the Supreme Court available acts as the President of discharges the functions of the president.

Powers of the President 

1. Executive Power 

2. Legislative Power 

3. Financial Powers 

4. Judicial Power 

5. Military Powers 

6. Diplomatic Powers 

• Executive powers: 

• Powers of the union Vest in the president. few important executive powers and functions of the President are ;

i. All executive actions of the Government of India are formally taken in the name of the president [article 77] 

ii. Appoints the Prime Minister and other ministers. they hold office during his pleasure [Article 75 (1)] 

iii. He appoints office bearers of constitutional posts like the governor of the state, Attorney General of India, Comptroller and Auditor General of India, the election commissioner and other Election Commissioner, the Chairman and members of Union Public Service Commission the Chairman and member of finance commission etc. 

iv. he can appoint commissions to investigate into conditions of SC ST and other backward classes[ article 338, 338 a 338 b] 

v. He can appoint the Interstate Council to promote center-state and interested Corporations.[263] 

vi. He directly administers union territories through an administrator appointed by him.[239] 

vii. He can declare any area as a scheduled area and has powers with respect to the administration of Scheduled Areas and tribal areas.[244(1) V SCHEDULE] 

• Legislative powers 

Following are the few important legislative powers of the president:- 

1. He can summon or prorogue the Parliament and dissolve the Lok Sabha. article 85 [1] 

2. He can summon a joint sitting of both houses of parliament [article 108] 

3. He can appoint any member of Lok Sabha to preside over its proceedings when the offices of both the speaker and deputy speaker fall vacant. Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and Deputy Chairman fall vacant. 

4. nominates 12 members of Rajya Sabha from persons having special knowledge or practical experience in Literature, science, art, and social service [Article 80(3)] 

5. He can nominate two members of Lok Sabha from Anglo Indian community article 331. Repealed by 104th constitutional amendment 2019.

 6. He decides on the question as to the disqualification of members of parliament in consultation with the election commission (article 103). 

7. when a bill is sent to the president after it has been passed by the parliament he can Give his assent to the bill or a. withhold his assent to the bill or b. Return the bill [if it is not a money bill] for reconsideration by the Parliament. c. if the bill is passed Again by the parliament, with or without amendment, the president has to give his assent to the bill [article 111] 

8. He can promulgate Ordinance when Parliament is not in session.

Military Powers 

Article 53 also states that the President shall be the Supreme Commander of all the Armed Forces of the Union of India. It also states that no specific provisions can reduce the scope of this general principle. As the Supreme Commander of the Armed Forces of the Union, President has powers regarding: 

• Appointment of all the officers, including the appointment of the chiefs of the forces; 

• Wars are waged in the name of the President;

 • Peace is concluded in the name of the President. 

Diplomatic Powers 

The President forms the face of Indian diplomacy and helps the nation to maintain cordial relationships with countries across the globe.

• All the Ambassadors and high commissioners in foreign nations are his representatives; 

• He receives the credentials of the Diplomatic representatives of other nations; 

• Prior to ratification by Parliament, the treaties and agreements with other nations are negotiated by the President. 

Ordinance-making power of the President: Article 123 

talks about the presidential powers to promulgate ordinances. An ordinance can be promulgated if: 

• neither of the House of the Parliament is in session; 

• And the President feels a need for immediate action. The ordinance which is promulgated by the President will have the same effect as that of an act or law of the Parliament. The essential conditions to be met by an ordinance are: 

• It shall be presented before both Houses of Parliament for passing when it comes to the session; 

• The ordinance shall cease to operate six weeks after the date of reassembling of the parliament; 

• The ordinance may also expire if the resolutions disapproving it are passed by both Houses of Parliament;

 • Therefore every Ordinance issued by the president during the Recess of Parliament must be laid before both houses of Parliament when it reassembles. if the ordinance is approved by both houses it becomes an act and if Parliament takes no action at all, all the ordinance ceases to operate on expiry of 6 Weeks from reassembly of parliament.

• It can be withdrawn at any time by the President;

 • The ordinance must be in consonance with the Constitution of India else it shall be declared void.  It is to be noted an ordinance made when both houses are in session is void. Thus the power of the president to legislate by Ordinance is not a parallel power of legislation. 

• Grounds of promulgation he can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action.

 • In RC Cooper vs. Union of India 1970 the supreme court held that the president's satisfaction can be questioned in a court on the ground of mala-fide. 

• In A K Roy versus Union of India the supreme court held that Ordinance would be subject to the test of vagueness, arbitrariness, reasonableness, and Public Interest. 

• Scope of Ordinance making power is coextensive with that of Legislative powers of parliament. It means that an ordinance can be issued only on those subjects on which Parliament can make laws. 

• The ordinance-making power of the president is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the Council of Ministers headed by the Prime Minister. 

• In D C Wadhwa vs. State of Bihar 1987 the Supreme Court ruled that successive Re promulgation of an Ordinance without any attempt to get the Bill passed by the Assembly would amount to fraud on the constitution and the ordinance so promulgated is liable to be struck down. it held that the exceptional power of law-making through Ordinance cannot be used as a substitute for legislative powers of state legislative assembly.