The Union Executive

Smt. Pratibha Patil Mr. Mohammad Hamid Ansari

(President 2009) (Vice President 2009)

 The President and the Vice President

 Article 52 – ‘There shall be a President of India’

 Article 63 – ‘There shall be a Vice President of India’

 Election of President

 Indirect election
 Electorate College (Articles 54 and 55)

 Elected members of both Houses of Parliament

 Elected members of Legislative Assemblies of the
States -> Uniform representation of different States/
parity between Union and States

 Qualifications for Election as President (Article 58)

a) Citizen of India
b) Completed 35 years of age
c) Qualified for election as member of House of People
d) Must not hold any Office of Profit under Government of
India

 Term of Office (Article 56-57)

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  5 years, eligible for re-election

 Termination
a) By resignation addressed to Vice President
b) Removal by Impeachment

 Violation of the Constitution

 Procedure (Article 61)
 Either house to prefer charge – Investigate

proposal moved after 14 days notice and

supported by ¼ members

 Resolution passed by 2/3

 President has Right to Appear

 Effective from date of resolution

 Conditions of Presidents Office (Article 59)

 Not member of Legislature, if so deemed to have vacated

Office on election

 No office of profit
Emoluments and allowances
Not be diminished
 Rent free accommodation during Office
 Privileges as per II Schedule

 President’s Pension Act – 1951 – Pension provided not re-

elected

 Vacancy in Office of President (Article 65)

a) Expiry of term of five years
b) Death
c) Resignation
d) Removal by Impeachment
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 e) Setting aside election of President

 In case of vacancy
a) sudden and permanent, Vice President to act as
President until new President is elected
b) expiry of office, carry over till new President takes
charge – Vice President can’t act

 Election of Vice President (Article 66)

 Indirect

 Electoral College consisting of both Houses of Parliament

 Qualification for Vice President

a) Citizen of India
b) 35 years of age
c) Not hold Office of profit
d) Qualified to be elected to Council of States – Chairman
 If Member of Legislature becomes Vice President has to
vacate previous Office

 Term of Office

 Five years

 Termination
a) Resignation (Article 67)
b) Removal – Formal Impeachment not required
Resolution of Council of State by majority and agreed
upon by House of People
c) Expiry -> Eligible for re-election – Dr. S. Radha
Krishnan
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 Functions of Vice President
a) Ex-officio Chairman of Council of States
b) Discharges functions of President during temporary absence
of President
Eg. Dr. Radhakrishnan in place of Dr. Rajendra Prasad –
1960 and 1961 – Discretion of President

 Emoluments (Article 91)

a) As Chairman of Council of States
b) When discharging functions of President – Same as
President but not that as Chairman of Council of States

Rashtrapati Bhavan

 Oath of Affirmation
a) President – In the presence of Chief Justice of India (Article
60)

 Functions

 Constituency

 People

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 Dr. Rajendra Prasad (1950-1960)

b) Vice President – In the presence of President

 Constitution

 Law

 Doubts and Disputes connected with election of President

and Vice President (Article 71)
a) Decided by Supreme Court – Decision exclusive and final
b) Dispute cannot be raised on the ground of any vacancy in
electoral college of President or Vice President
c) If election declared void – Acts not invalidated
d) Except decisions on disputes legislation can be made on
matters relating to election

 Powers and Duties of President

1) Executive Power to vest with President (Article 53)

 Head of Executive Power – Execution of Laws of

Legislature

 Power of carrying on business of Government

 Administration of affairs of State

 Supreme Court ->

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  Residual of Powers after Legislative and Judicial

 Determination of policy

 Maintenance of order

 Promotion of social and economic welfare

 Direction of Foreign Policy

 Supervision of General Administration of State

2) Constitutional Limitations on Executive Power

 Power to be exercised in accordance with Constitution

(Article 53)

 Ministers to be appointed by President on the advice of

Prime Minister (Article 75)
 In accordance with advice of Council of Ministers
(Article 74)

 Therefore Constitutional Head and not real

Executive and power of return for consideration
can be exercised only once
 Powers of President – Powers of Ministers

 ‘Executive Powers’ include:

A. Administrative Power
 Only formal head of administration (unlike in USA)

 But all other Officers are his sub-ordinates

 Includes power to appoints and remove high dignitaries

of State
Eg. Prime Minister, Attorney General, Comptroller and
Auditor General, Judges of Supreme Court, High Court,
Governor of State

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B. Military Power

 Less than those of American President or English Crown

 Command of defence forces rest with President but

subject to regulation by Law

C. Diplomatic Power

 That is, “All matters which bring the Union into relation
with foreign country”

 The task of negotiating treaties and agreements with

other countries subject to ratification by Parliament
belongs to President subject to advice of ministers

 Will represent India in international affairs

 Power to appoint and receive diplomatic

representatives

D. Legislative Power

 Deviation from separation of Powers

i) Summoning, prorogation, dissolution (articles
85,108)
ii) The opening address (Articles 87)
iii) The Right to address and send messages
iv) Nominating members to the Houses (articles 80,331)

 Council of States – 12

 House of People – 2 (Anglo Indian)

v) Laying reports, etc. before parliament
vi) Previous sanction to legislate
Eg. Formation of new states and alteration of
boundaries
vii) Assent to legislation and veto

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 viii) Disallowance of state legislation
ix) Ordinance making power

E. The Pardoning Power (Article 72)

 A judicial power

F. Miscellaneous Powers

 Make rules and regulations on various matters

 Power to give instructions to Governor

 Power to seek opinion of Supreme Court

 Appoint Commissions
 Special powers relating to:

 Union territories

 Schedules tribes/castes/area

G. Emergency Powers

 Proclamation of Emergency

 Proclamation that Government of State cannot be

carried on in accordance with Constitution

 Declaration that Financial Stability of Country is

threatened

 Council of Ministers

 Article 74 – Council of Ministers with Prime Minister at the

head to aid President

 Therefore a body recognised by the Constitution

 ‘Prime Minister’ - Appointed by the President

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 Leader of Majority part/confidence of
majority
 Ministers – By President on advice of Prime Minister
Prime Minister decides portfolios

 Number not specified

 Three ranks:
a) Cabinet Ministers (Article 75)
b) Ministers of State
c) Deputy Ministers

 Salaries and allowances as per Ministers Act, 1952

 When entitled to above not entitled to salary or allowance

as Member of Parliament
 Residence, free of rent
 Collectively responsible to House of People (Article 75(2))

 Council of Ministers generally meet, inner circle of Cabinet

shapes Policy of Government

 Ministers can be chosen from either House

 Can be appointed from outside legislature – but to secure

seat in either House within six months

 Ministerial Responsibility to Parliament:

a) Collectively responsible to House of People (Article
75(2))
b) Individual responsible to President and holds Office at
his pleasure (Article 75(3))
c) Not legally responsible
d) Prime Minister – First among equals – pre eminence by
usage and convention
i) Leader of party of majority
ii) Power to select its ministers
iii) Allocation of business among ministers
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 iv) Chairman of Cabinet
v) Resignation or death dissolves ministry
vi) Co-ordinates policy of Government
vii) Stands between Council of Ministers and President

 President in relation to Council of Ministers

 Constitution has vested plentitude of power on President

with limitations of Cabinet responsibility
 A Constitutional Head as the Constituent Assembly did not
chose presidential system of Government.

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