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10 Civics Chapter – 2 the Union Executive: the President and the Vice

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10 Civics Chapter – 2 the Union Executive: the President and the Vice Class – 10 Civics Chapter – 2 The Union Executive: The President and the Vice – President HIGHLIGHTS – a) Qualifications, Term of Office and Procedure for Impeachment of the President b) Position and Powers of the President of India. c) Emergency due to War, External Aggression or Armed Rebellion. d) Emergency due to Failure of Constitutional Machinery in a State. e) The Vice-President of India: Qualifications, Removal from Office, Election of Vice President. f) Powers and functions of the Vice – President of India. Description of Highlights – a. THE PRESIDENT OF INDIA – The President is the Head of the Executive. He is also the Head of State and the First Citizen of the country. Qualifications for Election as President – No person is eligible for election as President unless he (a) Is a Citizen of India, (b) Has completed the age of thirty five years, (c) Is qualified to become a member of the Lok Sabha. Term of Office – The President holds office for a term of 5 years and is eligible for re-election. The resignation has to be communicated by the Vice-President to the Speaker of the Lok Sabha. Procedure for Impeachment – The President can be removed from the office for violation of the Constitution by Impeachment. The resolution to impeach the President may be moved in either House of Parliament. It must be passed by two-thirds of the total membership of that House. Then the charges are investigated by the other House. President has the right to appear in person in order to answer the charges. If the charges are sustained by a two-thirds vote in the other House as well, the Impeachment succeeds. The President is removed from the office from the date on which the resolution is passed. Indirect Election of the President of India – The President is elected indirectly. Four reasons were given for adopting the method of Indirect Election in this case. First, the power really resided in the Council of Ministers, headed by the Prime Minister and the Union Parliament and not in the President as such. Second, the farmers of the Constitution wanted the Presidential election to remain a quiet and dignified affair. Third, it would be difficult to provide an electoral machinery for an election in which millions of people would have to participate. Fourth, a direct election would place too much of power in the hands of the masses, with a very high percentage of illiterates among them. Composition of Electoral College and the Value of Votes – The President is elected by the members of an Electoral College consisting of (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. Single Transferrable Vote System – Election is by secret ballot according to the system of proportional representation by means of Single Transferrable Vote System. Under this system “all the candidates are listed and the elector gives them numbers according to his preference. b. Position and Powers of the President of India – The powers of the President may broadly be discussed under the following heads: 1. Executive Powers - The Constitution says that the “executive power of the Union shall be vested in the President”. (i) Head of the Union Executive: All executive orders are issued in the name of the President. (ii) Formation of the Council of Ministers: The Constitution lays down that the Prime Minister is to be appointed by the President and the other Ministers are appointed by the President on the advice of the Prime Minister. It is the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers. (iii) Powers to appoint and remove the High Dignitaries of the State: The President appoints the Attorney – General of India, the judges of the High Courts, the Governors and Ambassadors. (iv) Administration of Union Territories: The Constitution provides that every Union Territory shall be administered by the President. The President acts through an Administrator with such designation as the President may specify. (v) Control over State Governments: The Union Government may give necessary directions to a State. During President’s rule the control of the Union Government over States is complete. 2. The Military Powers – (i) The President is the Supreme Commander of the Defence Forces of India. (ii) The President has the power as to declarations of War and Peace. 3. Legislative Powers – (i) Power to summon and prorogue Parliament and dissolve the Lok Sabha. (ii) Nominating members to the Houses: The President nominates twelve members to the Rajya Sabha from among persons having special knowledge. The President may nominate two members of the Anglo-Indian Community to the Lok Sabha, in case that Community is not adequately represented in the House. (iii) The Right to address and send messages: The President addresses both Houses of Parliament assembled together at the first session after each General Election and at the commencement of the first session each year. (iv) Assent to Legislation: The President may give assent to the Bill or may refuse assent. (v) Previous Sanction to the Introduction of a Bill: Money bills cannot be introduced except on the recommendation of the President. (vi) Power to promulgate Ordinances: The President has the power to promulgate Ordinance. An Ordinance is a direction or command of an authoritative nature. It has the same force and effect as an Act of Parliament. (vii) President’s Assent to State Bills: Bills passed by the State Legislature may be reserved by the Governor for the consideration of the President. 4. Financial Powers – (i) A Money Bill cannot be introduced except on the recommendation of the President. (ii) The President shall cause to be laid before both the Houses of Parliament the annual Budget. (iii) The Contingency Fund is placed at the disposal of the President. (iv) The President appoints the Finance Commission after every five years. 5. Judicial Powers – (i) The President has the power to grant pardon or reduce the punishment that a person receives. (ii) The President is not answerable to any Court for the exercise of the powers and duties of his office.. (iii) No criminal proceedings shall be instituted against the President in any Court during the term of office. 6. Emergency Powers – President of India is empowered to declare Emergency in the following three conditions: (i) Emergency caused by war or external aggression or armed rebellion. (ii) Emergency on account of the failure of Constitutional machinery in States (iii) Emergency on account of a threat to financial stability of India. 7. Discretionary Powers – (i) The President may withhold assent to a bill or may send it back for reconsideration, if it is not a Money Bill. (ii) The Constitution does not prescribe “any time limit within which the President is to declare his assent or refusal or return the Bill for reconsideration”. (iii) A situation may arise when after a General Election no party or no leader seems to enjoy majority support in the Lok Sabha. Under such circumstances the President shall have freedom to decide who should be appointed as Prime Minister. (iv) The President should explore the possibility of forming an alternative government at the Centre. (v) The President could explore the possibility of forming an alternative government, failing which he would dissolve the Lok Sabha. c. Emergency Due To War or External Aggression or Armed Rebellion – Effects of a Proclamation of Emergency: It’s effects are many. (i) So long as the Emergency lasts, the Federal provisions of the Constitution to some extent remain suspended. (ii) Fundamental Rights guaranteed under Article 19 remain suspended. (iii) Life of the Lok Sabha may be extended by Parliament for a period not exceeding one year at a time. d. Emergency Due to Failure of Constitutional Machinery in a State – Effects of the Imposition of the President’s Rule: (i) Legislative Assembly of the State may be dissolved or suspended. (ii) The Annual Budget of the State is passed by the Parliament. Actual Position of the President in a Parliamentary Setup – As Constitutional (or Nominal) Head of State, the President is required to exercise powers on the aid and advice of the Council of Ministers. e. The Vice – President of India – The Constitution provides for a Vice-President whose office is comparatively insignificant. Qualifications for Election – In order to be elected as Vice-President, a person must be (a) Citizen of India; (b) must not be less than thirty-five years of age; and (c) must be qualified for election as a Member of the Rajya Sabha. Term of Office – Normal term of office of the Vice-President is five years. However, he continues to hold office until his successor enters upon his office. Removal from Office – The Vice-President may be removed by a resolution of the Rajya Sabha passed by a majority of its members and agreed to by the Lok Sabha. It should be noted that there is no provision for the Impeachment of the Vice- President. Emoluments and Allowances – When the Vice-President discharges the functions of the President discharges the functions of the President, he ceases to perform the duties of the Chairman of the Rajya Sabha. Election of Vice – President – He is elected by an Electoral College consisting of the members of both Houses of Parliament. f. Powers and Functions of the Vice-President of India – Constitution confers upon the Vice-President the following functions and duties. (i) Ex-Officio Chairman of the Rajya Sabha: As Chairman of the Rajya Sabha, he (a) regulates debates and proceedings of the House and decides the order of speeches, (b) decides the admissibility of a resolution or of questions, and (c) may suspend or adjourn the business of the House in case of grave disorder.
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