Indian Constitution 2
6. The Union Executive
Term & Salary of President
The term of office is 5 years from the date on which he enters upon the office and is eligible for re-election. The term may terminate within 5 years by
1) resignation in writing under his hand addressed to the vice president
2) by impeachment.
Impeachment is a quasi-judicial procedure in the parliament to remove the president from office due to the violation of the constitution. Either house may prefer this charge of violation of constitution before the other house. A house cannot prefer the charge unless
1) 14 days notice in writing signed by not less than ¼ of the total members of that house
2) the resolution should be passed by not less than 2/3 of the total membership of that house.
The house may investigate or cause it to investigate and the president has the right to appear and to be represented before such investigation.
As a result of such investigation, a resolution is passed by not less than 2/3 of the total membership of the house before which the charge has been preferred, such resolution shall has the effect of removing the president from the date on which the resolution is passed.
As a result of such investigation, a resolution is passed by not less than 2/3 of the total membership of the house before which the charge has been preferred, such resolution shall has the effect of removing the president from the date on which the resolution is passed.
A vacancy in the office of president may arise
a) On the expiry of his term
b) By death , resignation, impeachment or otherwise i.e. by setting aside of his election as president.
If the vacancy is caused to the delay in the election of the president, the outgoing president must continue to hold the office and for all other occasions the vice president shall act as the president. If the Vice president is not available, the chief justice will act as the president.
The Salary of the president is Rs 1,50000 (3000US$) per month and eligible for an annual pension of 1,20,000 ( as per the act of parliament,1998). The emoluments shall not be decreased during his term of office. All the doubts and disputes shall be decided by S.C. whose jurisdiction shall be exclusive and final provided that
a) No such dispute can be raised on the ground of any vacancy in the electoral college which elected the president
b) if the election is void, the acts done by him prior to the date of such decisions of the S.C shall not be invalidated. Law must regulate all other matters relating to the election of president.
President
The President is the head of Union Executive. He is elected by an indirect election by an electoral college in accordance with system of proportional representation by means of single transferable vote. The Electoral College consists of the elected members of both houses of parliament, legislative assemblies of states and legislative assemblies of union territories of Delhi and Pondicherry. (Art 54). As far as practicable, uniformity of representation of different states, according to the population and total no. of elected members of legislative assembly of each state and parity shall also be maintained between states as whole and union. (Art 55). President's Rule in India
Thus total number of votes of an elected M.L.A =
Population of the state / 1000 Total number of elected M.L.A’s
Total number of votes of an M.P =
Total number of votes assigned to all elected M.L.A’s Total number of elected M.P
Qualifications: The person to be elected as a President must be a
1) A citizen of India
2) must have completed 35 years of age
3) be qualified for election as a member of house of the people
4) must no hold any office of profit.
However a sitting president, vice president or governor of any state or a minister is not disqualified for election as president (Art 58).
Administrative Power
It refers to the execution of laws and administration of government departments. He may not be the real head of the administration but all the executive action of the union must be expressed to be taken in the name of the president. This power also includes the power to appoint and remove high dignitaries of the state. Under the constitution the president shall have the power to appoint
(i) The Prime minister of India
(ii) Other Ministers of the union
(iii) The Attorney General for India
(iv) The Comptroller and Auditor General of India
(v) The Judges of the Supreme Court
(vi) The Judges of High Court of the states
(vii) The Governor of a state
(viii) A commission to investigate interference with water supplies
(ix) The Finance Commission
(x) The Union Public Service Commission and Joint commission for a group of states.
(xi) The Chief Election Commissioner and other members of Election Commission.
(xii) A special officer for the Scheduled Castes and Tribes.
(xiii) A Commission to report on the administration of scheduled areas.
(xiv) A Commission to investigate into the condition of backward classes.
(xv) A commission on official language
(xvi) Special officer for linguistic minorities.
In making some appointments the president is required by the constitution to consult persons other than his ministers. The president has the power to remove
i) His ministers individually
ii) The Attorney-General for India
iii) The Governor of a state
iv) The chairman or a member of Public Service Commission of the Union or of a State, on the report of the Supreme Court
v) a Judge of Supreme Court or of a High Court or the Election Commissioner , on an address of parliament.
Powers of president
Art. 53 says that the Executive Power of the Union shall be vested in the President. The executive power consists of
a) Administrative power
b) Diplomatic Power
c) Military power
d) legislative power
e) judicial power.
Military power & Diplomatic Power
Military power : The Supreme Command of Defence force is vested in the president of India but the exercise of the power shall be regulated by law.
Diplomatic Power : This term comprises all matters, which bring the union into relation with any foreign country. The president appoints and receives ambassadors. All agreements and treaties made with other countries are made in the name of the president.
Legislative Power
Under our constitution the president is to executive head and is a part of parliament.
He has the power
- To summon and prorogue the parliament ( Lok sabha and Rajya sabha)
- To dissolve Lok sabha (Rajya sabha is a permanent body)
- To summon a joint sitting
- To nominate 12 members to Rajya Sabha from persons having special knowledge or practical experience of literature, science, art and social service and 2 members from Anglo Indian community to Lok Sabha if in his opinion the community has not been adequately represented.
He has the right
- To address the opening sessions of newly elected parliament and first session of each year and inform the members the causes as to why they have been summoned.
- To address both houses at any time and send messages.
The president has the power to cause certain reports and statements to be laid before the parliament. They are
1) Annual Financial Statement and supplementary statement if any
2) Reports of Auditor General
3) Recommendation of Finance commission
4) Report of Union Public Service Commission
5) Report of the Special officer of SC and STs
6) Report of commission on backward classes
7) Report of special officer of linguistic minorities
The constitution requires previous sanction or recommendation of the president for introducing legislation on the following matters
1) A bill for the formation of new states or alteration of boundaries
2) A bill for providing for any of the matters specified in Art. 31A(1)
3) A money bill
4) A bill which would involve expenditure from consolidated fund of India
5) A bill affecting taxation in which states are interested
6) State bills imposing restrictions upon freedom of trade (Art. 304)
A bill will not be an act of the Indian Parliament unless and until it receives the assent of the president. When the bill is presented to the president, he may take the following steps
1) He may declare his assent to the bill (or)
2) He may declare that he withholds his assent to the bill (or)
3) He may, in case of bills other than money bills return the bill for the reconsideration of the Houses, with or without a message suggesting amendments.
However if the bill is passed again by both houses of parliament with or without amendment and again presented to the president, it would be obligatory upon him to declare his assent to it .(Art 111) A money bill cannot be returned for reconsideration.
When the parliament is not in session, The President shall have the power to legislate by ordinances. (Art 123). However there are some limitations on his independent ordinance making power.
1) This power is to be exercised on the advice of council of ministers
2) It should be laid before parliament when it reassembles and cease to have effect at the expiration of 6 weeks from the date of re-assembly unless disapproved earlier.
3) And even though, the legislature is not in session, he cannot issue ordinance unless he is satisfies that there are circumstances, which render it necessary for him to make immediate action.
The sole Judge of the question of whether such a situation has arisen is the president and In Cooper’s case the S.C expressed the view that the genuineness of the president’s satisfaction cab be challenged in a court of law on the ground that it was mala fide.
The Pardoning Power
According to Art. 72, Indian President has pardoning power to correct the possible judicial errors. He has power to pardon sentence by court martial, sentence or punishment is for an offence against a law relating to a matter to which the executive power of union extends and in all cases where the sentence is one of death.
Vice President - Qualifications & term
The person to be elected as a Vice President must be a
1) A citizen of India
2) must have completed 35 years of age
3) be qualified for election as a member of Rajya sabha
4) must no hold any office of profit.
The term of vice president is 5 years and he can be removed before his term by giving at least 14 days notice and passing a resolution supported by a majority of members and agreed to by the Lok shaba. No formal functions are attached to the office of Vice President however he is the next highest dignatory to the President of India. The vice president act as the chairman of Rajya Sabha. But if there is a vacancy in the office of the president because of death, resignation, removal or otherwise the Vice President act as the President. When he discharges the functions of president he gets the emoluments of the President. V.V.Giri acted as the President after the death of Dr. Zakir Hussain; B.D.Jatti acted as when Fakrudeen Ali Ahmad Expired.
The council of Ministers
India adopted the British pattern of parliamentary form of government with the President as the formal head of executive acting on the advice of ministers responsible to the popular house of the legislature. The constitution prescribes that there shall be a council of ministers with the Prime minister at the head to assist and advice the president. While the P.M. is selected by the president, the other ministers are appointed by the President on the advice of the P.M. (Art 75) and the allocation of portfolios amongst them is also made by him.
The constitution does not classify the members of the council of ministers in different ranks. So the three grading of ministers is done informally. It is Cabinet, an inner body within the council, which shapes the policies of the Government. Ministers may be chosen from the members of either House and a minister has the right to speak in and take part in the proceedings of the other house though he has no right to vote in the House of which he is not a member. (88). There is no bar to the appointment of a person from the outside the legislature as Minister. But he cannot continue as minister for more than 6 months unless he secures a seat in either house of the parliament. Art 75(3) of the constitution says that the council of ministers shall be collectively responsible to the house of the people. So the ministry has to resign if it loses the confidence of the Lok Sabha.
Prime Minister (PM)
Art. 74(1) of our constitution states that the Prime minister shall be at the head of council of ministers. He has the power of selecting and advising the President to dismiss them individually. He is thechairman of the cabinet. Art. 78 provides that It shall be the duty of the Prime minister –
(a) to communicate to the president all the decisions of the council of ministers relating to the administration of the affairs of the union and proposals for legislation.
(b) To furnish such information relating to the administration of the affairs of the union and proposals for legislation as the president may call for and
(c) If the President so requires to submit for the consideration of the council of ministers any matter on which a decision has been take by a minister but which has not been considered by the council.
Categories of Council of Ministers
There are three categories of council of ministers. Cabinet Ministers, Ministers of state and Deputy Ministers. The cabinet meetings can be attended by all cabinet ministers, Minister of state and deputy minister attend only if invited.
Collective responsibility: The constitution provides for the collective responsibility of the council of ministers to the house of people only. The ministry as body has to resign as soon as it loses the confidence of the Lok Sabha.
The attorney-General for India
The attorney-General for India is the first law officer of the Goverment of India and his duty shall be to give advice on legal matters and to discharge functions conferred on him by constitution or any law for the time being in force( Art. 76). Though he is not a member of cabinet, he has the right to speak in both houses and has a right of audience in all courts in the territory of India. He is appointed by the President and hold office during the pleasure of the President. He must have the same qualifications as are required to be the judge of S.C.
The comptroller and Auditor General of India
The comptroller and Auditor General of India is the guardian of public purse and it is his duty to see that not a farthing is spent out of Consolidated fund of India or of state without the authority of the appropriate Legislature. The following provisions secure the independence of the comptroller and Auditor General. Though appointed by the president he may be removed only on an address from both houses of parliament on the grounds of proved misbehaviour and incapacity. His salary and conditions of service cannot be varied to his disadvantage. The term of office shall be 6 years. He shall vacate the office on attaining the age of 65 years.
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