Union Executive

PART-V
U/A-(52-78)
PRESIDENT

●​ Indirectly elected by the electoral college

●​ Electoral College= MP's, MLAs, MLA’s(Delhi & Puducherry)
●​ Quota of votes = 50%+1
●​ Nominated members of the LS, RS & LA do not participate in the
elections

●​ In accordance with the System of Proportional representation by means

Election of the President of single transferable vote & voting by secret ballot.
(U/A 54-55)
●​ If a state assembly is dissolved during the President’s election, then
MLAs cease to be qualified to vote.

●​ Value of vote of an MLA= (total population of the state) % (total number

of MLA in assembly x 1000)

●​ Value of vote of an MP = (Total value of the vote of all MLA of all states)
% (Total number of MP)

●​ Shall hold office for 5yrs from the date of the incumbent.
●​ Can resign by handing over the resignation addressing the V.P (If V.P is
absent then will hand over the resignation to CJI addressing the V.P)
Term of office of
President ●​ Can be removed by impeachment U/A 61
(U/A 56)
●​ Elections must be held before the end of the term; if not, then the
President’ can hold office beyond 5 yrs until his successor assumes
charges.
●​ Eligible for re-election for any number of times

●​ All doubts & disputes arising out of or relating to the election of ‘P’ or V.P
Matters related to or shall be inquired & decided by S.C and whose decision would be final.
connected with the ●​ If the election is declared void by S.C, then acts done by him ( P or V.P)
election of President or
are not invalidated and remain in force- in practice the decisions are
V.P
(U/A 71) taken by COM.

●​ Citizen of India, Minimum age 35

●​ Should be qualified for the election as MP of LS.
Qualification ●​ Should not hold any office of profit under any authority.
U/A 58
●​ The nominated candidate must be subscribed by at least 50 electors as
proposers & 50 as seconders.

●​ Should not be the MOP or state legislature- If elected, deemed to have

Conditions of vacated his seat before entering into the office.
President’s Office ●​ He is entitled, w/o payment of rent, to use his official residence;
(U/A 59)
●​ entitled to such emoluments, allowances & privileges as may be
determined by the parliament.
 U/A 60 ●​ Oath & affirmation by the President

●​ If the vacancy occurs due to expiration of 5 yr tenure then the election

must be held before the end of the term; if not, then the President can
hold office beyond 5 yrs until his successor assumes charges.
●​ If the office falls vacant by resignation, removal, death, or otherwise,
Vacancy in the then a new election must be held within 6 months from the date of the
President’s Office vacancy. (*Otherwise- when he is disqualified to hold office or his
(U/A 62) election is declared void).

●​ Until the new election is held for the office of President, the V.P acts as
president.
●​ In case the office of V.P is vacant, the CJI (or, if his office is also vacant,
the senior-most judge if the SC is available) acts as the President or,
discharges the functions of the President.

●​ Grounds of removal: Violation of constitution (as per Parliament).

●​ Can be initiated in either of the HOP. The charges should be signed by
1/4th of members of that house.

●​ The impeachment resolution must be passed by 2/3rd majority of the

total membership of that house,
Impeachment of ●​ It is then sent to the other house, which investigates the charges- the
President President has the right to appear and to be represented at such an
(U/A 61) investigation.
●​ If the chargers are sustained by the other house; it must also be passed
by the same majority (2/3rd)- then the president stands impeached or
removed.

●​ It's a quasi-judicial procedure in parliament and only parliament can

initiate the impeachment of the president (not states or UT).
●​ Nominated members of both houses participate in the
impeachment process- as they do not take part in the election.

POWERS & FUNCTIONS

EXECUTIVE POWERS

U/A 53 All executive powers of the executive are vested in the President & shall be exercised by
him either directly or indirectly.

Conduct of business of the G.O.I

●​ All the executive actions of G.O.I are taken in his name.
U/A 57 ●​ He can make rules to ensure the orders & instruments made & executed in his
name shall be authenticated.
●​ He can make rules for the convenient transaction of the union of Govt, & allocation
of the said business among ministers.

U/A 75(1)(2) He appoints the P.M and the other ministers. They hold office during the pleasure of the
president.

He also appoints the following:

 1.​ C.A.G [ U/A-146]
2.​ A.G.I [ U/A- 76]
3.​ E.C [Chief and other commissioners; U/A-324]
4.​ UPSC [Chairman & its members; U/A-316(1)]
5.​ Governor of states [U/A-155]
6.​ F.C [Chairman & its members; U/A-280]

Duties of PM as respects the furnishing of information to the President, etc- It shall be the
duty of PM-
●​ To communicate to the President all the decisions of C.O.M; and to furnish
U/A 78 information as the President may call for it. (Relating to the administration of the
affairs of the union and proposals for legislation).
●​ He can require the PM to submit, for the consideration of the COM, any matter in
which a decision has been taken by a minister but not considered by the COM.

U/A 338, He appoints the commission to investigate the conditions of SCs, STs, & the OBCs.
338A, 338B

U/A 263 He can appoint an inter-state council to promote centre-state & Inter-state cooperation.

U/A 239 He directly administers the UTs through administrators appointed by him

U/A He can declare any area as a scheduled area & has the power w.r.t the administration of
Scheduled area & tribal area.??????U/A

LEGISLATIVE POWERS

U/A 85 The president can summon, prorogue each HOP; and can dissolve the Lok Sabha.

U/A 86 Right of the President to address & send messages to the houses.

U/A 108 He can summon the joint sitting of the two houses, which is presided by the speaker.

U/A 80(3) Nominates 12 members of R.S from the field of science, literature, Flim & other prominent
fields. And two members of L.S from the Anglo-Indian community.

➔​ He lays down the reports of CAG, UPSC, FC, and others before parliament.

➔​ He can appoint any member from the respective houses to preside over the session when
the office of the speaker or deputy speaker of L.S; and the office of chairman or deputy
chairman of R.S respectively falls vacant.

Assent to Bills: In cases of ordinary & financial bills, The President can-
U/A 111 1.​ Give assent to the bill or;
2.​ Withhold his assent (VETO POWER) or;
3.​ Return the bill (if not a money bill) for the consideration of the Parliament.

Absolute Veto: Power to withhold his assent. It can be called the death of the bill. He can
exercise this power only on the following types of bills:
●​ A private member bill.
VETO ●​ State bills reserved by the Governor’ U/A 200.
POWER ●​ W.r.t the Govt bills when the cabinet resigns (after the passage of the bills but
before the assent of the President).
 Suspensive Veto: The President can return the bill(if not money bill) for the consideration
of the Parliament-
●​ However, if the bill is again passed by the Parliament with or w/o the amendment,
then the President has to give his assent- not the case with a state bill reserved by
the Governor for the consideration of President U/A 200.

Pocket Veto: The power of the President not to take any action on the bill.
●​ He neither rectifies nor rejects the bill, but simply keeps the bill pending for an
indefinite time-
●​ Since the constitution does not specify the time limit within which the President has
to take any action on the bill.

It empowers the President to promulgate or withdraw ordinances during the recess of

parliament- when both the house or either house is not in session; only on the advice of
COM.

He can make an ordinance only when he is satisfied that the circumstances exist that
render it necessary for him to take immediate action.
●​ S.C held that the President’s satisfaction can be questioned in a court on the
grounds of malafide- Cooper case, (1970).

U/A 123 Ordinances have the same force & effect as an act of parliament.
(Ordinance And are subject to the same limitations as an act of parliament-.
making ●​ Cannot take away or abridge any of the F.R’s.
power) ●​ Can be issued only on those subjects on which the parliament can make laws.

It only differs in the time duration of its operation- Maximum life of 6 months and 6 weeks
after reassembly of the LS ( Total life= 6 months + 6 weeks);
●​ within which the ordinance must be passed for its continuance- otherwise, cease to
operate.
●​ And if the ordinance is allowed to lapse or is rejected by the parliament, then the
acts done and completed under it, before it ceases to operate, remain fully valid
and effective.

●​ An ordinance can be retrospective- may come into force from the backdate as well.
●​ It may modify or repeal any act of parliament or another ordinance.
●​ It can alter or amend a tax law.
●​ It cannot be issued to amend the constitution.

JUDICIAL POWERS

The President appoints the CJI and the judges of S.C & H.C

U/A 143 He can seek advice from S.C on any question of law or fact. Such advice is not binding on
the President.

It empowers the President to pardon any person tried or convicted for the offense or
U/A 72 sentence under-
●​ Union law, Court Martial or Death Sentence.
This power of the President is independent of the judiciary.

Pardon: it sets the offender from sentence & conviction or absolves him/her completely.
Types of
Commutation: It means to substitute one form of punishment for a lighter one. E.g; death
 ‘Pardoning’ sentence to rigorous imprisonment.

Remission: It implies reducing the period of sentence without changing the character of
sentence/punishment. E.g; rigorous imprisonment for 2 yrs may be remitted for 1yr.

Respite: Awarding a lesser sentence in place of one originally awarded due to some
special fact, such as the physical disability of a convict of the pregnancy of a women
offender.

Reprieve: It implies a stay of the execution of a sentence (death) for a temporary period.

FINANCIAL POWERS

U/A 112 He causes the union budget to be laid before the Parliament.

U/A 110 & Money bill & financial bill type (I) can be introduced in the parliament only with his prior
117(2) recommendation.

No demand for a grant can be made except on his recommendation.

U/A 267 He can make advances out of the contingency fund of India to meet any unforeseen
expenditure.

U/A 280 He constitutes F.C every 5yr to recommend the distribution of revenue between the center
and the states.

MILITARY POWERS

●​ He is the supreme commander of the defense forces of India.

U/A 53(2) ●​ In that capacity, he appoints the chiefs of the Army, Navy, and Air Forces.
●​ He can declare war or conclude peace; subject to the approval of parliament.

DIPLOMATIC POWERS

●​ The international treaties & agreements are negotiated & concluded on behalf of
the President. However, subject to the approval of parliament.
●​ He represents India in international forums & affairs.

EMERGENCY POWERS

●​ National Emergency (U/A 352)

●​ President’s Rule (U/A 356 & 365)
●​ Financial Emergency (U/A 360)

Though the President has no constitutional discretion, he has some situational discretion in which he can act
w/o the advice of COM. Such situations are the following:
●​ Appointment of PM when no party has a clear majority in the LS or when the PM in office dies
suddenly and there is no obvious successor.
●​ Dismissal of COM when it cannot prove the confidence of LS.
●​ Dissolution of the LS if the COM has lost its majority in LS
VICE PRESIDENT
U/A 63 There shall be a Vice President of India.

●​ The V.P shall be the ex-officio chairman of the RS & shall not hold any other
office of profit.
U/A 64 ●​ During the time V.P acts as President or discharges the function of President, he
shall not perform his duties as chairman of RS until a new President enters into
the office.

●​ The V.P acts as President when a vacancy occurs in the office of the President
due to his resignation, impeachment, death, or otherwise.
●​ When the sitting president is unable to discharge his office due to absence or
illness or any other cause, the V.P discharges his functions until the President
U/A 65
resumes his office.
●​ He can act as President for a maximum of 6 months.
●​ During this time, he shall have all the powers & immunities of the President; and
shall be entitled to such emoluments & allowances of the President.

Election of V.P-
●​ Indirectly elected, by the electoral college.
●​ Electoral College: Elected & nominated members of the Parliament.
●​ It does not include the members of the state legislative assembly.
●​ Elections are held in accordance with the System of Proportional representation
by means of the single transferable vote & voting by secret ballot.

Qualification-
●​ Citizen of India
●​ Minimum 35yrs of age
U/A 66 ●​ Qualified for election as a member of RS
●​ Should not hold any office of profit under any authority. ( The office of President,
VP, Governor of all states, Ministers of Parliament and, Ministers of states doesn't
come under the office of profit. Thus, are eligible for the election of VP)
●​ Nomination of a candidate must be subscribed by at least 20 electors as
proposers and 20 electors as seconders, and security deposit of 15k

Conditions of office
●​ Should not be a member of either house of parliament or a house of the state
legislature.
●​ If elected as V.P, he is deemed to have vacated his seat in that house on the date
he enters upon the office of V.P

Term of office of V.P-

●​ Term: 5yrs and can resign any time by addressing the resignation to the
President.
U/A 67 ●​ He can be removed by a resolution(can be introduced in RS only), passed by an
effective majority of all the then members of RJ (a type of special majority), and a
simple majority by LS.
●​ A 14 days notice must be given before introducing such a resolution.
●​ Eligible for re-election any number of times.

U/A 68 ●​ Elections to fill the vacancy must be held before the expiration of the term.
 ●​ Can hold office beyond 5yr until his successor arises.

U/A 69 Oath and affirmation

PRIME MINISTER & C.O.M

●​ There shall be a council of ministers with the PM as the head to aid & advise the
President who shall, in the exercise of his functions, act in accordance with such
advice.
●​ However, the president may require the COM to reconsider such advice & the
U/A 74
President shall act in accordance with the advice tendered after reconsideration.
[42nd & 44th AA made it obligatory]
●​ Advice tendered by ministers to the President shall not be inquired into any court-
maintains the secrecy.

Other provisions as to ministers:

●​ The PM shall be appointed by the President & other ministers by the President
also on the advice of the PM.
●​ Members in the COM= 15% of the total strength of LS [added by 91st AA, 2003]
●​ A member of either H.O.P belonging to any political party who is disqualified on
U/A 75 the grounds of defection shall also be disqualified to be appointed as a minister.
[added by 91st AA, 2003]
●​ The ministers shall hold the office during the “pleasure of the President”. (In 1974,
SC held that this phrase means not the personal satisfaction of the President, but
the satisfaction of COM).

●​ The COM shall be ‘collectively responsible’ to the LS.( means, the decision of
cabinet shall be binding on all ministers & can be removed by the President on the
advice of PM, in case of differences)
●​ The President shall administer the oaths of office & secrecy to a minister.
●​ A minister who for any period of 6 months is not a member of either of the Houses
of Parliament shall at the expiration of that period cease to be a minister.

PRIME MINISTER

Appointedd by the President, but there’s no specific procedure.

Following conventions by which the President chooses the PM:
●​ Leader of the majority party in LS as PM
●​ In case of no clear majority- President chooses the leader of the largest party or
coalition in LS as PM & asks him to prove his majority by a vote of confidence
Appointment within 1 month.
●​ When the PM in office dies suddenly & there’s no obvious successor then the ‘P’
can use his judgment & can appoint a person in the party as PM. (Total
discretionary power of the President)
●​ If there’s no one that the President thinks can be appointed as PM or the party
doesn't have the confidence to choose a leader as PM then the President will
choose/appoint a caretaker COM to carry on day-to-day govt tasks till the fresh
election takes place.
●​ Constitutionally, the PM may be a member of any of the houses.
 ●​ He allocates & reshuffles various portfolios among the ministers & coordinates
among various ministries.
●​ Head of COM
●​ Plays a crucial role in the Politico-Administrative system of the country.
●​ He advises the President to dismiss a minister.
●​ He can bring about the collapse of the CM by resigning or death.
●​ He advises the President with regard to summoning & proroughing the sessions of
The Powers & the parliament.
Functions of ●​ Can recommend the dissolution of the LS at any time.
PM ●​ Chairman of- NitiAayog, National Development Council, National Integration
Council, Interstate council & National water resources council.
●​ Crisis manager- in-chief at the political during emergencies.

COUNCIL OF MINISTERS

Cabinet-
●​ The word ‘Cabinet’ was inserted in Art 352 by 44th AA, 1978.
●​ The highest decision-making body, supreme executive authority over a
politico-administrative system.
●​ It is a body within the COM composed of only cabinet ministers & PM.
●​ Ministers in cabinet head the important ministries of the central govt- defense,
finance, external affairs, home &, etc.
●​ Meet regularly to decide upon legislature & other major issues.
COMPOSITION ●​ Their role & responsibility extend over the entire gamut of central govt.

Minister of State(MOS)- 2nd Ranking ministers

●​ Can either be given independent ministry/department or can be attached to a
cabinet minister. In both cases, they work under cabinet ministers.
●​ They can only attend cabinet meetings when invited.

Deputy Ministers- Junior most ministers

●​ Not given independent charge of any ministry/department.
●​ They are attached to the cabinet minister/ MOS to assist them in their work