- Executive Head of the State. First citizen of India.
- The Executive powers vested in the President are to be exercised on the advice of the Council of Ministers responsible to the Parliament.
- The 42nd Amendment to the Constitution has made it obligatory on the part of the President to accept the advice of the Council of Ministers.
President Qualifications
- Must be a citizen of India.
- Completed 35 yrs in age.
- Eligible to be a member of Lok Sabha.
- Must not hold any Government post.
Exceptions:
- President and Vice - President
- Governor of any State
- Minister of Union or State.
President Election
- Article 54 and 55 lay down the procedure for electing the President.
- Indirectly elected through 'Electoral College' consisting of elected members of both the Houses of Parliament & elected members of the Legislative Assemblies of the States.
- Nominated members do not participate in the election of President.
- According to the 70th Amendment Act, 1992, the expression 'States' includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.
- Members of the Legislative Councils have no right to vote in the Presidential election.
- The total voting strength of the Parliament is equal to the total voting strength of all state assemblies together.
- There is uniformity in the representation of different States at the President's election according to the population and the total number of elected members of the Legislative Assembly of each State.
Value of vote of an MLA and MP
The formula adopted to secure uniformity among the States is as follows:
Value of Vote of an MLA = State Population / (1000' Total no. of elected MLA's)
- On the basis of the above formula, the value of the vote of an MLA from UP has the highest value and that from Sikkim the lowest.
- The formula adopted to secure uniformity between all the States on one hand and the Parliament on the other is as follows:
Value of Vote of an MP = Total value of votes of MLA's of all States / Total no. of elected MP's (LS + RS)
Proportional representation by means of STV
- The 1971 census is currently under consideration.
- The election is held through the system of proportional representation by means of the single - transferable vote by secret ballot.
- The candidate who gets 50% of votes is considered elected.
- It was pointed out in the Constituent Assembly that proportional representation is meaningless where there is only one candidate to be elected.
- Moreover, "the single transferable vote does not exist here because nobody has a single vote; everybody has plural votes".
- Answering these doubts, Dr. Ambedkar explained that "we have provided one single proportional representation in which every candidate at the bottom will be eliminated until we reach one man who gets what is called a quota".
- This method, he said, was adopted so that the minorities will have some hand and some play in the election of the President.
- He refused to explain how it would work in case there is only one man to be elected.
- Constitutional analysts aver that it is really what is known as the alternative vote.
- Quota = (No. of votes polled / 2) + 1
- By this method, each voter is entitled to cast as many votes as there are candidates in the field indicating the order of his preferences.
- If in the first counting no candidate obtains the requisite quota, the process of transfer of votes is eliminated and his second preferences are added to the first preference votes of other candidates.
- This process continues until a candidate with the requisite quota emerges.
- Thus the candidate who receives the largest number of votes on the first count is not necessarily the final choice.
- This procedure ensures that the President-elect has an absolute majority behind him.
- Security deposit - Rs.15,000
- Supreme Court inquires all disputes regarding President's election.
- Elected President takes OATH in presence of Chief Justice of India, or in his absence, senior most judge of Supreme Court.
President Powers in India
President Executive Powers
Appoints PM, ministers, Chief Justice & judges of Supreme Court & High Courts, chairman & members of UPSC, Comptroller and Auditor General, Attorney General, Chief Election Commissioner and other members of Election Commission, Governors, Members of Finance Commission, Ambassadors, etc.
He directly administers the Union Territories through the Lt. Governor, Commissioner or Administrator.
President Legislative Powers
Can summon & prorogue the sessions of the 2 houses & can dissolve Lok Sabha.
Can address both the houses jointly/separately.
Addresses the first session after general elections and at the commencement of the first session of each year.
Can send messages to both the Houses, whether with respect to a Bill pending in the Parliament or otherwise.
Can appoint any member of the Lok Sabha to preside over its proceedings when both the offices of Speaker and the Deputy Speaker fall vacant simultaneously (Same way in Rajya Sabha also).
Nominates 12 members to Rajya Sabha.
Nominates 2 members of Anglo-Indian community in Lok Sabha if they haven't received adequate representation.
Decides on the questions as to the qualifications of the MPs, in consultation with the Election Commission.
His prior recommendation or permission is needed to introduce certain types of Bills in the Parliament. E.g., a Bill for the formation of new States or alteration of boundaries of a State, a Money Bill, etc.
When a Bill is sent to the President after it has been passed by the Parliament, he can:
- Give his assent to the Bill, or
- Withhold his assent to the Bill, or
- Return the Bill (if it is not a Money Bill or a Constitutional Amendment Bill) for reconsideration of the Parliament, although only once.
President has the power to veto with respect to the Bills passed by the Parliament.
He enjoys three types of veto powers:
1. Absolute Veto:
Withholding the assent to the Bill.
Normally, it is exercised only in the case of private member's Bill.
In the case of a Government Bill, a situation may however be imagined where, after the passage of a Bill and before it is assented to by the President, the ministry resigns and new council of ministers advices the President to use his veto power against the Bill.
2. Suspense Veto:
It is exercised when instead of refusing his assent out rightly to a Bill, the President returns the Bill or part of it for the reconsideration and the Parliament makes it obligatory on him to give his assent to it.
In this case, the veto power is merely of suspensive nature.
3. Pocket Veto:
Since the Constitution does not provide any time limit within which the President is to declare his assent or refusal, the President could exercise this veto by not taking any action for an indefinite time; but if the ministry has a strong backing in Parliament, it would not be possible for him to do so.
Pocket Veto was used in 1986 by the then President Giani Zail Singh in the Postal Bill.
Can enact laws through ordinance when the Parliament is in recess (Article 123).
These ordinances must be passed by Parliament within 6 weeks of reassembly.
Lays the report of the Comptroller and Auditor General, UPSC, the Finance Commission, and others, before the Parliament.
President Financial Powers
- All money bills can originate in Parliament only on recommendation of President.
- No Demand for a grant can be made except on his recommendation.
- He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure.
- Appoints Finance Commission (after every 5 yrs) that recommends distribution of taxes between Union & State Govts.
President Judicial Powers
The President's pardoning power comprises a group of analogous powers:
- Pardon: It rescinds both the sentence and the conviction and completely absolves the offender from all punishments and disqualifications.
- Reprieve: It means a stay of execution of sentence pending a proceeding for pardon or commutation.
- Remission: The power of remission reduces the amount of sentence without changing its character. E.g., a sentence of imprisonment for one year may be remitted for six months.
- Respite: The power to grant respite means awarding a lesser sentence instead of the prescribed penalty in view of some special facts. E.g., pregnancy of the woman offender.
- Commutation: It merely substitutes one form of the punishment for another of a lighter character - death by transportation, transportation by rigorous imprisonment, rigorous imprisonment by simple imprisonment, and simple imprisonment by fine and so on.
Appoints the Chief Justice and the judges of the Supreme Court and High Courts.
President Military Powers
- He is the Supreme Commander of the Defence Forces of India.
- Appoints Chiefs of Army, Navy & Air Force.
- Declares wars & concludes peace subject to the approval of the Parliament.
President Diplomatic Powers
- Represents country in international forums.
- Sends ambassadors & receives diplomats.
- International treaties & agreements are concluded on his behalf.
Emergency Powers of President of India
1. National Emergency (Article 352)
On the grounds of security threats to India by war, external aggression or armed rebellion.
The President can proclaim this emergency only after receiving a written recommendation from the Cabinet.
The proclamation of the emergency must be approved by the Parliament with in one month. If approved, it will continue for six months.
It can be extended for an indefinite period with an approval of the Parliament for every six months.
It has been proclaimed three times so far- 1962, 1971 and 1975.
President can suspend the operation of Fundamental Rights (except Articles 20 and 21) during this type of emergency.
Article 19 can only be suspended in case of external emergency and not in the case of internal emergency.
The Parliament can make laws on items mentioned in the State list during the period of National Emergency.
2. State Emergency (Article 356)
Emergency due to failure of constitutional machinery in State.
The President's rule can be imposed when the President is satisfied, on the basis of either a report of the State Governor or otherwise, that the governance of the State cannot be carried on in accordance with the provisions of the constitution.
The proclamation of the President's rule should be approved by the Parliament within two months.
If approved, it remains in force for six months from the date of proclamation of the State Emergency.
It can be extended for a maximum period of three years with the approval of the Parliament every six months.
The State Governor, on behalf of the President, carries on the State administration with the help of the advisors appointed by the President or the Chief Secretary of the State.
The President's rule has been imposed more than 100 times.
3. Financial Emergency (Article 360)
The President can proclaim Financial Emergency if he is satisfied that the financial stability or the credit of India or any part there of is threatened.
Such a proclamation must be approved by the Parliament within two months.
During the Emergency, the President can issue directions for the reduction of salaries and allowances of all or any class of persons serving under the State.
Financial Emergency has not been declared so far.
President Vis-A-Vis Council of Ministers
Before the 42nd Amendment Act, 1 976, there was no provision in the Constitution which made the advice of the Council of Ministers obligatory on the President.
Article 74 simply stated that there shall be a Council of Ministers, with the Prime Ministers at the head, to aid and advice the President.
The 42nd Amendment Act made it clear beyond doubt that the President is constitutionally bounded by the advice of the Council of Ministers.
The 44th Amendment Act further stated that the President can send the advice back for reconsideration, but only once.
Although the Constitution (after 42nd and 44th Amendment Acts) made it mandatory or obligatory for the President to act on the advice of the Council of Ministers, but even then the practice of Parliamentary governance creates some circumstances when the President has to act as per his own wisdom.
The situations are:
- Appointment of the Prime Minister [Article 75(1)] under a situation when no single political party commands clear support of the Lok Sabha.
- Appointing a Prime Minister in case of vacancy due to sudden death of the incumbent, where there is no acknowledged leader due to inability of the legislative party to do it or in case of absence of a settled seniority among Cabinet Ministers and a name for the Prime Minister is proposed from the outside
- Dissolution of Lok Sabha on the advice of the Council of Ministers which has lost the support of the majority members of Lok Sabha or against whom a vote of no-confidence motion may has been passed
- Dismissing ministries [Article 75(2)] in case the Council of Ministers has lost the confidence of the House but refuses to resign.
Term & Emoluments
- 5 year term.
- Article 57 says that there is no upper limit on the no. of times a person can become President.
- Can give resignation to Vice President before full-term.
- Present Salary - Rs.1,50,000 per month (including allowances & emoluments). The pension is 50% of the salary.
Vacancy
In case the office falls vacant due to death, resignation or removal, the Vice-President acts as President. If he is not available then Chief Justice, if not then senior-most judge of Supreme Court.
The election is to be held within 6 months of the vacancy.
Impeachment of President of India
Impeachment (Article 61)
- Quasi-judicial procedure.
- Can be impeached only on the ground of violation of Constitution.
- The impeachment procedure can be initiated in either House of the Parliament.
- The charge must come in the form of a proposal which must be signed by at least one-fourth of the total membership of that House.
- Before the resolution could be passed, a fourteen days notice must be given to the President.
- If, after the notice, the House passes the resolution by a majority of not less than 2/3rd membership of that House, the matter will be referred to the other House.
- After the charges are framed by one house, the other House investigates them.
- At this time President has the right to defend himself either in person or through his lawyer.
- If after the investigation, the other house passes the resolution by not less than 2/3rd majority of that House, the President stands impeached from his office from the date on which the motion is so passed.
Presidents of India
Name |
Tenure |
|
|
From |
To |
|
|
Dr. Rajendra Prasad |
26.01.1950 |
13.05.1962 |
|
Dr. S. Radhakrishnan |
13.05.1962 |
13.05.1967 |
|
Dr. Zakir Hussain |
13.05.1967 |
03.05.1969 |
|
V.V. Giri (Vice-President) |
03.05.1969 |
20.07.1969 |
|
Justice M. Hidayatullah |
20.07.1969 |
24.08.1969 |
|
V.V. Giri |
24.08.1969 |
24.08.1974 |
|
F. AIi Ahmed |
24.08.1974 |
11.02.1977 |
|
B.D. Jatti |
11.02.1977 |
25.07.1977 |
|
N. Sanjiva Reddy |
25.07.1977 |
25.07.1982 |
|
Gaini Jail Singh |
25.07.1982 |
25.07.1987 |
|
R. Venkataraman |
25.07.1987 |
25.07.1992 |
|
Dr. S.D. Sharma |
25.07.1992 |
25.07.1997 |
|
K.R. Narayanan |
25.07.1997 |
25.07.2002 |
|
Dr. A.P.J. Abdul Kalam |
25.07.2002 |
25.07.2007 |
|
Mrs. Pratibha Patil |
25.07.2007 |
25.07.12 |
|
Mrs. Pranav mukharjee |
25.07.2012 |
till date |
# - Acting; * - First Chief Justice to be appointed President.
Do you know?
- Only once in the History of India, Justice M. Hidayatullah, Chief Justice of Supreme Court, discharged the duties of the President in 1969.
- Justice Hidayatullah is the only person to perform the functions of the President two times in two different capacities, the first time in 1969 being the Chief Justice of the Supreme Court and the second time being the Vice-President of India in 1982
- In the history of Presidential elections, V.V. Giri is the only person who won the election of the President as an independent candidate in 1969.
- In July 1977, Neelam Sanjeeva Reddy was elected unopposed as no one else filed nomination for the post of the President.
The Supreme Court has the final and exclusive jurisdiction for resolving disputes and doubts relating to the election of the Vice – President.
- Citizen of India.
- More than 35 Years of age.
- Possess the qualification for membership of Rajya Sabha.
- Not hold any office of profit under union, state or local authority. However, for this purpose, the President, Vice-President, Governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit.
Holds office for 5 Years. Can be re – elected.
Term can be cut short if he resigns or by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.
The Vice President is the second highest dignitary of India, next to the President of India.
No formal functions are attached to the office of Vice President.
He is the ex – officio chairman of Rajya Sabha. Since he is not a member of Rajya Sabha, he has no right to vote.
Being the Vice President of India, he is not entitled for any salary, but he is entitled to the salary and allowances payable to the Chairman of the Rajya Sabha.
All bills, resolution, motion can be taken in Rajya Sabha after his consent.
He can discharge the function of President if the post falls vacant. (For maximum 6 months).
The Vice President takes over the office of the President normally under these conditions :
- Death of the President.
- Resignation of the President.
- Removal of the President.
- When President owing to absence, illness or any other cause, is unable to perform the functions of his office.
When he discharges the functions of the President, the Vice President shall not perform the duties of the office of the Chairman of Rajya Sabha and shall not be entitled to receive the salary of the Chairman.
During this period, he is entitled for the salary and privileges of the President of India.
Present salary is Rs. 1,25,000 per month.
The pension is 50% of the salary.
List of Vice Presidents in India
|
Name |
Tenure |
||
|
|
From |
To |
|
|
Dr. Sarvepalli Radhakrishnan |
1952 |
1962 |
|
|
Dr. Zakir Hussain |
1962 |
1967 |
|
|
V.V. Giri |
1967 |
1969 |
|
|
Bal Swaroop Pathak |
1969 |
1974 |
|
|
Dr. M. Jatti |
1974 |
1979 |
|
|
Justice Mohd. Hidayatullah |
1979 |
1984 |
|
|
S. Venkataraman |
1984 |
1987 |
|
|
Dr. Shankar Dayal Sharma |
1987 |
1992 |
|
|
K.R. Narayanan |
1992 |
1977 |
|
|
Krishan Kant |
1997 |
2002 |
|
|
Bhairon Singh Shekhawat |
2002 |
2007 |
|
|
Hamid Ansari |
2007 |
Till date |
|
The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers and information relating to them.
The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State (independent charge), Ministers of State and Deputy Ministers.
- Minister of Cabinet Rank : Real policy makers. The cabinet meetings are not attended by other ministers.
- Minister of State : Can either hold independent charge or attached to a cabinet minister.
- Deputy Ministers : Do not hold separate charge.
The President has to act in accordance with the advice of Council of ministers.
Important points
- It is a team & its members sink or swim together. (Article 75). This is called ‘Collective Responsibility’.
- A vote of no confidence against any Minister automatically leads to the resignation of the entire Council (or its dismissal by the President).
- A person can remain a minister without being a member of the either house up to 6 months maximum.
- A Minister who is a member of one House has a 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.
- According to Article 79, the Parliament consists of the President, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
- Though the President is not a member of either of the House, he is an integral part of it.
- He is the ex – officio Chairman of the Planning Commission, National Development Council, National Integration Council and Inter – state Council.
Prime Minister Powers - The President convenes and prorogues all sessions of Parliament in consultation with him.
- Can recommend the dissolution of Lok Sabha before expiry.
- Appoints the Council of ministers.
- Allocates portfolios. Can ask a minister to resign & can get him dismissed by President.
- Assists the President in appointment of all high officials.
- Can recommend to the President to declare emergency on grounds of war, external aggression or armed rebellion.
- Advises President about President’s Rule in the state or emergency due to financial instability.
- Leader of the House.
List of Prime-Ministers of India
| Prime Minister | Office Tenure | Party | |
 |
Jawaharlal Nehru | Aug. 15, 1947 - May 27, 1964 | Congress |
 |
Gulzari Lal Nanda | May 27, 1964 - June 9, 1964 (Interim) | Congress |
 |
Lal Bahadur Shastri | June 9, 1964 - January 11, 1966 | Congress |
|
Gulzari Lal Nanda | January 11 - 24, 1966(Interim) | Congress |
 |
Indira Gandhi | Jan. 24, 1966 to March 24, 1977 | Congress |
 |
Morarji Desai | March 24, 1977 to July 28, 1979 | Janata Party |
 |
Charan Singh | July 28, 1979 - Jan. 14, 1980 | Janata Party |
|
Indira Gandhi | Jan. 14, 1980 to Oct. 31,1984 | Congress (I) |
 |
Rajiv Gandhi | Oct. 31,1984 to Dec. 1,1989 | Congress (I) |
 |
V. P. Singh | Dec. 2,1989 - Nov. 10, 1990 | Janata Dal |
 |
Chandra Shekhar | Nov. 10,1990 - June 21, 1991 | Janata Dal (S) |
 |
P. V. Narasimha Rao | June 21, 1991 to May 10, 1996 | Congress (I) |
 |
Atal Bihari Vajpayee | May 16 to June 1, 1996 | Bharatiya Janata Party |
 |
H. D. Deve Gowda | June 1, 1996 to April 21, 1997 | Janata Dal |
 |
I. K. Gujral | April 21, 1997 - Nov. 28. 1997 | Janata Dal |
|
Atal Bihari Vajpayee | March 19, 1998 - May 22, 2004 | Bharatiya Janata Party |
 |
Dr. Manmohan Singh | May 22, 2004 - till date | INC |
- Highest legal officer of the Union Government.
- He is Appointed by the President.
- The person should be qualified to be appointed a judge of the SC.
- He is entitled to audience in all courts of the country & can take part in the proceedings of the Parliament & its committees. However, he is not given the right to vote.
- He is also allowed to take up private practice provided the other party is not the State. Because of this, he is not paid salary but a retainer to be determined by the President.
- It is a political appointment and therefore, whenever there is a change in the party in power, the Attorney General resigns from his post to enable the new Government to appoint a nominee of his choice.
- The Attorney General is assisted by two Solicitors – General and four Additional Solicitors – General.
- The Attorney General gets a retainer equivalent to the salary of a judge of the Supreme Court.
State Attorney General Function
- Gives advice on all such legal matters which may be referred or assigned to him by the President.
- Appears before the Supreme Court and various High Courts in cases involving the Government of India.
- Every state shall have an Advocate - General to advice the government on legal matters - Article 165
Do you know?
- In England, the Attorney General is a member of the Cabinet, but in India he is not.
- Appointed by the President.
- A person with long administrative experience & knowledge of accounts is appointed.
- Holds office for 6 yrs or till 65 yrs of age.
- The President can remove him only on the recommendation of both the houses of Parliament (as in case of judge of Supreme Court).
- He is the guardian of the public purse.
- His duties are to audit the accounts of the Union and the States and to ensure that nothing is spent out of the Consolidated Fund of India or of the States without the sanction of the Parliament or the respective State Legislatures.
- He submits an audit report of the Union to the President who shall lay it before the Parliament and the audit reports of the States to the respective Governors who shall lay it before the respective State Legislatures.
- In short the CAG acts as the custodian & trustee of public money
