The Union Executive

The President

 

Appointment:-

  • Elected by indirect election by an electoral college.
  • Election held by the system of proportional representation by means of the single transferable vote.
  • The electoral college  consists of - 

  (a)The elected members of both Houses of Parliament and 

  (b)The elected members of the Legislative Assemblies of the states.

 

Eligibility Condition:-

 

  • Must be a citizen of India.
  • Must be of 35 years of age.
  • Must be qualified for the election as a member of the House of the People.
  • Cannot hold any other office of the profit.

 

Salary and emoluments:-

 

  • Salary is 1.5 lakh per month (including allowances & emoluments).
  • The pension is 50% of the salary.

 

Powers and Functions:-

 

  Executive Powers

 

  • Execution of the law enacted by the legislature.
  • Appoints & removes the high dignitaries of the state.
  • Appoints & removes 
  • The Prime Minister of India.
  • Other ministers of the union.
  • The Attorney-General of India.
  • The comptroller and Auditor-General of India.
  • The judges of the Supreme Court.
  • The judges of the High Courts of the states.
  • The Governor of the states.
  • A commission to investigate interference with water-supplies § The finance commission.
  • The Union Public Service Commission and joint c omission for a group of states. 
  • The Chief Election Commissioner and other members of the election commission.
  • A special officer for the scheduled casts and tribes.
  • A commission, to report on the administration of scheduled areas.
  • A commission, to investigate into the condition on backward classes.
  • A commission, on official language. Special officer for linguistic minorities 
  • President is a constitutional head who acts on the advice of the Council of Ministers. 
  • In making some of the appointments, the President is required to consult persons other than his ministers as we!

 

  Military Powers:-

 

  • Commands the armed forces.
  • Takes action as declaration of war or peace or the employment of the defence forces.

 

  Diplomatic Powers:-

 

  • Negotiates treaties and agreements with other countries subject to ratification by the   parliament.
  • Appoints Indian representatives to other countries and receives diplomatic representatives of other states. 

 

Legislative powers:-

 

  • Summons a joint sitting of both Houses of Parliament in case of deadlock between two Houses.
  • Prorogues the Houses of the Parliament.
  • Dissolves the Lower House.
  • Addresses both the Houses of parliament when assembled together, at the first session after each general election to the House.
  • Addresses a joint sitting of both Houses at the commencement of the first session of each year.
  • Addresses either House or their joint siting, at any time, and to require the attendance of members for this purpose [Art 86(1)]
  • Nominates certain member to both the Houses upon the supposition that adequate representation of certain in terests.
  • In the council of states, 12 members are nominated  by the President from person having special knowledge or practical experience of Literature, Science, Art and Social service [(80 (1)]
  • Nominates not more than two members to the House of the people from the Angle Indian community, if he is of opinion that the Anglo Indian community is not adequately represented in that House [Art- 331]
  • Causes certain reports and statements laid before parliament.
  • The constitution requires the previous sanctions or recommendation of the President introducing legislation on some matters like –
    • A bill for the formation of new states or the alteration of boundaries etc. of existing states.   

[Art 3]

    • A Money Bill [Art 117(1)]

 

Ordinance Power:-

 

  • If at any time when both Houses of Parliament are not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may issue an ordinance.
  • The ordinance is ceases to operate, if not approved within six weeks of th reassembly of Parliament.
  • The President may withdraw the ordinance at any time.

 

The pardoning power:-

 

  • Has the power to grant pardon, reprieve, respite, suspension, remission or commutation in respect of punishment or sentence by court-martial, offences against laws made under the union ad concurrent lists.
  • The only authority for pardoning a sentence of death is the president.

 

Emergency powers:-

 

  • Under article 352, the President may proclaim a State of emergency in the whole or part of India if he is satisfied that a grave situation exists whereby the security of India or part of its territory is threatened by war or external aggression or armed rebellion.
  • When a proclamation of emergency is in operation, the President may suspend the enforcement of fundamental rights [Art 359]  
  • Under article 356, in case of failure of constitutional machinery in any State, the president may impose by proclamation President’s rule in that State.
  • Article 360 empowers the President to declare financial emergency.

 

Terms:-

 

  • Terms of office is five years from the date on which he enters upon his office [art 56-57]

 

 

Removal:-

  • By resignation in writing under his hand addressed to the Vice-President of India.
  • For violation of the constitution, by the process of impeachment on at least 14 days’ notice by at least 2/3 majority of the House and agreed to by the other House.

 

 

The Vice-President

 

Appointment:-

 

  • Elected by an electoral college.
  • The electoral college consists of-
    • He members of both Houses of Parliament.
    • The system of proportional representation by means of single transferable vote (Art -66) is applied.

 

Terms:-

 

  • For the period of 5 years.

 

Eligibility condition:-

 

  1. Must be a citizen of India.
  2. Completed the age of 35 years.
  3. Cannot hold any other office of the profit.
  4. Qualified for election as a member of the Rajya Sabha (Art- 66)

 

Powers and functions:-

 

  • Ex-Officio chairman of the Rajya Sabha (ART -64)
  • As the chairman of Rajya Sabha, presides over the proceeding of the House and functions but has no right to vote in any proceedings (Art-64)
  • Acts as the President in the event of a vacancy in the office of President by reason of his death, resignation or removal or otherwise.
  • While acting as President or discharging the functions of President, he may not perform the duties of he chairman of Rajya Sabha (Art-64)

 

Removal:-

 

  • By resignation to the President.
  • By resolution with 14 days’ notice passed by majority of all then members of Rajya Sabha and agreed to by Lok Sabha (Art 67, 68 & 71).