II.

THE UNION EXECUT

IVE

Cha
The President and
The Vice President
2
Qualifications for Election
1. A person shall be eligible for election as
President, if he/ she -
(a) is a citizen of India;
• Qualifications for election, composition
(b) has completed the age of thirty-five years·
of Electoral college, reason for indirect '
and
electton, term of office, procedure for
impeachment. (c) is qualified for election as a member of
• Powers - executive, legislative, financial, the Lok Sabha.
judicia~ discretionary and emergency. 2. A person shall not be eligible for
election as President if he holds any office
• Qualifications for election, term of office of profit under the Government of India or
and powers. Government of any State or under any local
or other authority subject to the control of
any of the said Governments. However, a
THE PRESIDENT - . ·,., ,. ,
• f •• person is not deemed to hold an office of
profit by reason only that he is President or
The executive power of the Indian Union is vested
Vice-President or a Minister either for the Union
in the President. He exercises this power either
or for any State.
directly or through all officers of the Union
A person who holds, or who has held, office
who are his subordinates, in accordance with
as President shall be eligible for re-election to
the Constitution.
that office - subject to other provisions of the
The President is the Head of the State and Constitution.
the supreme commander of the Defence Forces
1.
f India.
1be Pre ident exercises his powers on the
advia of the Pnme Mmiater and the Council of
M tert 1be Constitutwn provides that 'there
hall be a Council of Mmilters with the Prime
Minitter at the head, to aid and advise the
Preaident in the eserc1te of hia/her functions'.
dfn& to the 42nd Amendment Act, 1t is
necnaary for the ~ ident to exercise his/ her
function• m acrordance wtth the advice of the
Council of Mm11ter1
 e fo}fog.'Ul_g illustraoon ""'l.U help to make the
Pre dent 1s elec·ea md1rectly by the
b5S r an E oc:.or al College cons1sung of: 10.000.000
• e e ec.ed members of both Houses of
r of e!ected Ml..-\s 2 50
pgrbament;
Tota.I member
:he eiected members of the Legislatfre
Assemblies of the States including National 0
- - - - - - 1000 = 40
CaiJltal Territory of Delhi and the Union
iemtory of Puducherry
2. Each
Nominated members of Rajya Sabha and such number of v tes as obtained b~
5ta1e Assemblies are not eligible to be included dhiding the total num r of votes assigned
tl the Electoral college. to MI.As of the States b~
A presidential candidate will have to be of Elected Members of P
proposed by 50 members of the Electoral Value of the Vote of an M
College (MPs or MLAs) and seconded by Total number of Votes
,nother S0members. Earlier the requirement assigned to Ml.As of all States
Total number of elected MPs
,ras lOproposers and 10 seconders. This was
mcreased by an Ordinance promulgated in Single Transferable Vote System: Under the
June 1997 that became an Act of Parliament single transferable vote system, '"all cJ.nd1d~t~
August 29, 1997. The Ordinance also raised an" I · i>Q ai:d Lh t ec t,"l, 0 \ ~s thc-m n , ,,C.._, s
security deposit of a candidate for the a~c0rd :1g. o h·s preference" In other \V6rds, the
"dential election from ~2,500 to ~ 15,000. voter m s as many preferences (1.2,3,4,5,6 ....)
The election of the President is held in on the b ~ paper as there ~ candidates.
dance with the system of proportional Once the vot~ are cast, thy ~rst preference
llfl]reac~tation by means of the single transferable votes are counted. If any/ candidate gets an
and the voting at such election is by secret absolute majority~ mor than 50% of the votes
Jf7
he is declared elect,d. no candidate 1s able to
get an absolute majGrity in the first preference
votes, then the Gandtdate who has secured
is uniformity in the scale of representation the least votes is eliminated and his second
e different States as far as possible. preference votes are taken mto consideration.
This process of elimination continues until a
elected member of the Legislative
of a State has as many votes
PRESIDENT
multiples of thousand in
quo Elt1CI Elect
tained by dividing the
tion o ate by the total number Elect~
Etec10<1
elected mem the Assembly. The Membor:. of
lndtrecl/y
Elect
Mem~_ol \
RliJyo Sabha
power of
Sabha is, c
ed member of a
ated according to C. tale Leg1s1a11ve
Ass11mblles
\
Lok Sabha

llowing formula: Elect Elect

Total Population of State P!OPLE

No. of Elected Members)( 1000
of Vidhan Sabha ■ Election of the President

at
 J.t'
~ U- ~ I a.. cv4J" t-6 / ' ~ d,, ~
. r;<ltf/JI
; ; ; ; :OA,y) , t0!:JIPf'9'7 I~ IMl-cVU 11--t 116': "'
3 . devote himself/herself to the setvice I
well-being of the people of IndJa. llrtd
i,utl\'e I
The 29,th Constitution Amendml nt Act Term oi Office eJ(eCLI
{1975) and the 44th Constitution Amendment The President shall hold office for a tenn 0f rtit
611c f[eOC
Act ( 1978) lay down that any dispute over the years from the date on which h / l• e,ttc\
e She
election of the President shall be decided by enters upon his/her office. He/She h
,t:. s au of tl'
the Supreme Court of India. continue to hold of:nce, notwithstandin
expiry of his/her term, until his/her succg tbc are I
'
Reasons •or Indirect Election takes charge.
essor
ftppc
2
rJ1u- the President was to be elected directly Vac;otion of Of~ce: 1. The President Ill presi
by the people, he could become a rival · hi s /h er res1gna
submit . ay,
tion 1etter to the Vice. to rt
centre of power to the Council of Ministers. President, in order to resign his/her oflic He/:
This would be against the parliamentary Such resignation will be communicated by ;~ (a)
system with ministerial responsibility. Vice-President to the Speaker of the Lok Sabha.
As Pt. Jawaharlal Nehru said in the
2. The President may, for the violation of
Constituent Assembly, "We could not have
the Constitution, be removed from the office
a directly elected President and not give by the process of impeachment.
him real powers." r
Procedure ror lmpeacnment ~ ·,~ ~•!!s·den•
2. ince the membership in the two Houses pf (b)
liament was likely to be dominate~,Vby l. When a President is to be impeached
on party, election of the President ¥erely for violation of the Constitution, either
(c)
by majority of members of e
Union House of Parliament can level the charge
ent could make him a ominee of as follows: (d)
g party like the (a) Resolution which is moved after at
"dent coul least fourteen days' notice in writing (e)
consti signed by not less than one-fourth of
(ij
by an Electoral the total number of members of the
3. The Pres
House; and
College. Electoral College
(g)
cted members of (b) The resolution is passed by a majority
s s of Parliament and of not less than two-thirds of the total
Legislativ Asse blies of the States memqership of the House. lhl
(Article ~). Such a Electoral College 2. When a charge has been so preferred
woul make the Pres' ent the elected by either House of Parliament, the other {i)
re esentative of the wh e nation with House will investigate the charge and the
a clear voice given to the S tes as well. President has the right to appear and to
Oa b o! Offl.c : Before entering upon his office1 be represented at such an investigation.
the President takes an oath in the presence of 3. If, as a result of the investigation, 8
the Chi~f Justice of India (or in his absence resolution is passed by a majority of not le~
the aeniormoat Judge of the Supreme Court) to;' than two-thirds of the total membersb1P
of the House (by which the charge was
l discharge the functions of the President
of India, investigated), declaring that the ch~
has been sustained, such a resolution~ t
2. preserve, protect and defend the Constit\.ttion have the effect of removing the rresiden
and the law, and
from his/her office.
 Diplomatic Powers
• 1,vo Pow~rs The President has the power of appointing
e e,xecutive powers of the President include: In · Ambassadors to other countries.
2. He/Sn receives ambassad6rs, High
Head of the Union Admmistration · All
Comm1ssi ers and dip_j~atic envoys
executive orders are issued in the name
from foreign tions. /
of the President. All the Union officials
3 All treaties and J.l'l\ernational agree~ents
are his subordinates.
are concluded in the ~ e of the President.
J. Appointment of officials of the State: The
President makes appointments to key posts 4. The President repr~ts India tn
to run the government's administration. Internat.Ional Conferences.
He/She appoints: Legislative Powers
(al The Prime Minister, and the Council 1. Add-""'sses Sessions of Parlia-.s""t:
of Ministers on the Prime Minister's )The President addresses both Houses of
advice. He/She summons the leader of ~arliament assembled together for the first
the majority group in the Parliament session after each General Election to the Lok
and asks him/her to form the Sabha and at the commencement of the first
Government. session of each year) In this address he/she
lays emphasis on the internal and external
(b) The Chief Justice and the Judges of the
policies of the Government. The President has
Supreme Court and the High Courts. the power to address either House of Parliament
tc) The Governors of the States. or their Joint sitting at any time.
(d) The Lt-Governors and the Chief 2. Messages to Parliament: He/She has
Commissioners of the Union Territones. the power to send messages to either House of
(e) The Attorney General of India Parliament either in the regard to any pending
Bill or to any other matter.
(ij The Comptroller and Auditor General
of India. 3. c-·--o i Pr.,,, • .,,,7"",e the Houses:
The President has the power to summon and
(g) The Chairman and members of the prorogue the Houses of Parliament. The power to
Union Public Service Commission. summon Parliament is subject to the condition
{h) The Chairman and members of the that there should not be a gap of more than
Planning Commission. six months between two sess10n of each House.
Normally, there are three sessions of Parliament
~) The Chairman and members of the
each ycnr, i.e, the Budget Session (Februnry-
Economic Commission whenever
Mny}, the Monsoon Sl'sswn (July-September),
appointed.
011d the Winter Session (November December) .
Control over State Governments: The Union 4 . Di olv tJ1 I ol bh : He/She c<m
Government may give necessary din·ctions <lissolv<' the Lok Snbhn nnd order fresh dections.
to 8 State. During President's rule tlw RnJya Subhu is u pt•t moncnt body, not subject
COntrol of the Union Government over to dissolution.
8
latea is complete.
Nomln tio Tlw P, esident
Union Territories and fJorder Areas: Th~ 1 wmmntt-s 12 mcrnbt•rs In the Rnjya ~nhh,t from
ldrnJ.nistraUon of the Union Tt:rntm icR a,11011g pt ,soni, huving spt•t ial knowlt>dgt> or
~ththe Border Areas is the responsibility pau tl<'ul t>XJ>< ticnct• 111 I ht•sc· mnttt•1 s literntnr e,
e President. Ill II l'lCt\ cut lUl<l SOI 101 St I Vil r

and The Vi e Pr Jd nt
 If nn ordmnnc-c ,~ not disnppln\'ttf.
mto1m1ticnll-. <;ense to OPf:ta~ nt lt
of six ,~ks from the datt- tht ~~~~
1,• t\S$('l1\blt"$. - '""'-ltttu
(d) 1'ht" Ordinnn~ lnpscs ,r it 15 ~nL........
tU\ \ct of Pnrlinrncnt. ......,"'Cl~
:-- I\S.t•nt " rom St l• Bills
Go\et'nor may rt"'SCI"-"\': som" Bills ~ T~t
the St3te Legislature for the- c-onside- $ ~ by
the President. The President can t"t':on. of
her assent to such a Bill or he/sh" <'a his/
send it back for ~nsiderntion. Bills ~
matrens such as the powtrs of the High Cou
resetVC'd for the consideration of the ~s~'7
Q. _Form,1t,or of 'e, St:1te-s· A Bill fortht
fonnntion. of_ new States or altemtion of n~s
6 . :\ssent fo Bills: No Bill can become a of the e.'\:lsting States cannot be introduct(l
law "-ithout the assent and the signature of the e.,>cept on the President's recommendation.
Presid~t. Once a Bill is passed by both the Financial POWP.tS
Houses it is sent to the President for his/her
approval. The President may give his/her assent, 1. Money Bills can be introdul'ed onlv on
or •'ithhokl the Bill or send it back to the House the recommendation of the Preside;t.
concerned with recommendations. However, if the 2. The Annual Budget contains the
Bill is passed again in the same form he/she estimates of income and expenditure or
has tn give his/her assent to the Bill. Usually, the Union Government for the roming
~ Houses examine the recommendations of the year. The Finance Minister on behalf of
President. the President places the Annual Bud_.~t
P omulgate Ordinances: Under before Parliament.
Article 123 the President can promulgate an 3. The Annual Financial Statement is als<i
Ordinance. which has the same status as an laid before the Parliament in the be~nn\1\.1:
Par:liamcnt. The President may withdraw of every Financial Year on ~half of the
Ordmaoce at any time. The power to President.
pna1~ate an Ordinance is subject to the
conditions· 4. The President can authorise withdrawal
of advances from the Contingen<'y F\lnd
Pf ident must be satisfied that of India to meet unfof('seen ex~ndit\1rt.
•ICWut.anicea make it necessary for him/ Such e.xpenditure should be subsequently
take ammediate action.
approved by Pnrlimnent.
can be promulgated at
5. After every ftve \'tars the Presid"nt appoints
both Houses of Parliamt"nt
a Finnnc~ C~mmission t'omprising a
n However, if one House
Chnirmnn and four other members, Tht
i1 no bar 1n 1ssumg
Commission makes tt'C'Oll\tnendations to
the Presidt-nt on finnndal mattrrs.
prornul&ated should
Hou of Parliament Milllary Powors def
If the Parliament 1. 'fh.c:..Pre~nt i~e SltJW.t.lll~ c ~ n
Ordinan , it lapses of t~rm~Fo~of trutN\

II■
 c/Shc uppoin 1-
os of the A Forces. General
--Fmanc111l
\\'I e, EmergenC'}
·r rules and r
Cl'f l 1
The csident has th power as o make
3
oeclnra ons of War a d Peace n the
ad\"lCC of e Council
jdicial Pm ·e s .
The President is not answerable before
l. anY court of law for the exercise of the
po~ers and duties of his/her office.

2 No
cnminal suit can be initiated against
him/her during his/her tenure of office
Breakdown of Consntutional machinery
3. The President has the power to grant
pardons, reprieves, respites or remissions ■ Emergency Powers
of punishment or to suspend, remit or
commute the sentence of any person 3 . When the ruling party who has lost majority
convicted for an offence: support m the Lok Sabha or when a vote
of no-confidence may have been passed
(a) in all cases where the punishment or
agamst it, recommends to the President to
sentence is by a Court Martial;
dissolve the Lok Sabha, then it 1s at the
(b) in all cases where the punishment or discretion of the President to either dissolve
sentence is for an offence against any law the House or ask another party to prove
relating to Union and Concurrent Lists; its majority on the floor of the House
(c) in all cases where there is a death 4. The President can dismiss Ministers in case
sentence. the Council of Muusters loses the confidence
of the House but refuses to resign.
Di$cretionary Powers
1be President oflndia enjoys certain discretionary Emergency Powers
ers. There are certain grey areas where An Emergency is .1 sudden 01 unfo1es e 1. situ t101
ident may have to use his/her wisdom demnndin~ 11111ne d1. 1tt 1ct10n It 1s a situation in
Ind Judgment. These are: which the Head of State assumes e:xtraordmary
l. Appointment of the Prime Minister in a powers. The President can proclann a stnte of
situation where no single party commands Emergency i.n the followmg cuses:
the clear support of the majority of the (n) Nntlonol or Genernl Emergency· There
Lok Sabha members and there is a hung 1s n <longer of foreign nggrt~ss1on or danger to
Parliament. This is because the President the pcact> nnd st•curity of tht• country beemist"'
tan.not appoint the new Prime Minister on of u dvil war, insurgency or uny other such
the advice of the outgoing Prime Minister cuust• {Article 352)
"ho may have lost the election or the (b) Br nkdown of Constitutional M chi.nc: ry
•upport of the House.
The Constatullonol machinery ln a State has
~l>Pointment of a Pnme Mmist,•r in cuse brokt-n down 01 tht>re is a df'ndlock bee \US"
Of •Udden death of the incumbent, (fur of politi<.:al unct"rtumttes or otherw&se (Art\ •le
~pie, by assassination as m the case of 3fl6).
t.fta. Indira Gandhi) where the ruling
( ) Financial m r n y A a t back to
!!!,•_l~_ture party is unable to meet
thr tmuncud stabihty or credit feaaibllity of
~ t e l y to elect a leader

t •uact The Vice President

 the- country is hkely to occur or has occurre d Constit ution. Matters such as the dis .
lArt1cle 360). of revenu es betwee n the Centre and thlributio
11
and the salarie s of MPs may be alt e 8tatet
. t. t on or Gener I l l'r" ered.
C1rcu tanccs: If the Preside nt is satisfie d that . Jo , 1.1 ~t'\tA 1,e,,.hl ~ ~,
1
a grave emerge ncy e.xists whereb y the security of emerge ncy the term of the Lok Sabh ~
. d
India or any part of its territor y is threate ned, extende d for a peno of one year atatnaybc
a .
either by war or by ~1:ernal aggress ion or armed The same rule may be applied to the Le . 1:irne,
rebellion, he may proclai m an Emerge ncy. The Assemb ly or any State. &ls1ati,;
e
Preside nt cannot issue such a Proclam ation
Examples: Nationa l emerge ncy was declared
unless he has the approv al in writing of the
for the first time on Octobe r 26, 1962 d
Union Cabine l . , Ue to
the threat caused by the Chines e aggressi·
Durauo u; Every proclamation of Emergency must onon
our North-E ast border. The President revoked
be approv ed by both the Houses of Parliam ent
the proclam ation on Januar y 10, 1968. The
within one month by a special majorit y (i.e.,
second nationa l emerge ncy was proclaimed
by a majority of the total membe rship of the
on Decem ber 3, 1971, when Pakista n launched
House and a majorit y of not less than two-
an attack on India.
thirds of the membe rs present and voting). It
cannot remain in operati on for more than six II. Breakdown of Constitutional .1achinery
months at a time. At the end of six months it
has to be renewe d by Parliam ent by a special
Circum stances . If the Preside nt, on receipt
majority else it lapses. If the Lok Sabha passes of a report from the Govern or or otherwise
a resoluti on disappr oving the Emergency, the is satisfie d that the govern ance of a Stat;
Preside nt has to revoke the Proclamation. cannot be carried on in accorda nce with the
provisi ons of the Constit ution, he/she may
Effects of General Emergency declare an emerge ncy in the State. This is
1. Funda menta l Rights : The most called President's rule becaus e the President may
import ant effect of a Genera l Emerge ncy is
assume to himsel f all or any of the functions
that the exercise of the Fundam ental Rights
of the Govern ment of the State.
is partiall y or wholly suspen ded. Even the
right to move Suprem e Court or a State High Duration: The duratio n of such an emergency
Court for the enforce ment of the rights, except is two months . If it were to continu e beyond
Articles 20 and 21 remains suspend ed. Article 20 two month s, it should be ratified by the
etates that "no person shall be punish ed for Parliam ent. The Proclam ation will cease to
the same offence more than once". Article 21, be valid for six months after the date of its
declares that "no person shall be deprived of issue even if the Parliam ent ratifies it. It can.
hia/her life or persona l liberty except according however, be extend ed for anothe r six months.
to procedu re establis hed by law."
Thus, Preside nt's Rule can normally continue
tre tate Relationahlp· The country only for a year. It may be extended beyond
baa to forego 1te federal spirit, as the States are one year, under two conditi ons:
obliged to carry out the instruc tions of the
Centre The Union Puliam ent acquire s the (a) when a Proclam ation of Emergency is
power• to afve direction• to a State on any in operati on in the whole of India or in
matter, IO that the State Govern ment will any part of the State, and
be under the c.omplete control of the Union {b) the Electio n Comm ission certifies that
Executive and will function as under a unitary
holdin g electio ns to the Legislative
syetem with local 1ub divi110ns.
Assemb ly of the State is difficult.
Fn • The Centre ia empow ered
to suspen d the financi al proviel ona of the Howev~r, no such proclam ation shall rernain
in force for more than three years.
 - 11-•"i:!OCV in ~ St1te In February 2014. Pn·s1cknt's nik ,,a::
clS 1,
imposed m Delhi. on the nd\1C't' of Uruon Cnb1nct.
· The state admirustratlon 1s directly placed
J. . th nfter the res1gnat1on of :\rnnd KcJfl\\ .1I. Chll'i
dff the President (i.e. e Union Government).
M11ustcr of Delht. along "1th Im, Ccn1nc1l l,f
-~ Go,•ernor of the concerned State acts m
. . Mimsters wns accepted b:-, tht• Prt's11knt .-\n rnd
• rdance with th e mstructions
11e that are issued Kejnwal had resigned nlong w1th h1s C'ounc1l l,f
~-~h union Government from time to time. M1rnsters. after l11s mo\'r tl) mtroduct' tht' Jnn
~, u,e
· , The President may: Lokpal 8111 fell through 111 the Ddh1 .-\sst•rnbl\'
~·
dissolve the Vidhan Sabha of the State lh. rmanc,al tmergency
· · th e Co uncil of M'misters:
lil and dismiss · or CircuMstances: If till' President 1s s,1t1stkd th,1t
a situation hns misc•n whc·n·b, the fin,llll't.tl
. keep the Assembly and the Council of
P11 Ministers m · · stability or credit of tht• nntton 1s thn.'.lll'tll'ti.
suspend ed arumation.
·
he/she cnn dednre n F111am·i.1l Emc•r~t't1l'Y·
In both cases, the Union Parliament "lu,atio~ Such a produmnt1on h,1s h' lw \.ud
tpil pass laws, even on all the Subjects of the 1
before both Houses of Pnrhnnwnt ,1t1d 1s, .,hd lt t
suite List, for that particular State. Even the two months unless it 1s appnwcd b, n•st1h1t1ons
;\nllual Budget of that State is presented to ofbothHousesofPnrlinmc-nt lftlwL11kS.1bh,l 1s
and passed by the Parliament. d1ssolwd wlwn surh n pnwl.111t.1twn 1s m.Hk
and u resolution s11ppor1mg 11 1::--: p.u,st·d h,
3. When the Lok Sabha is not in session
the Rn.1ya Sabha. tht' prnd,11\\,\llllll "111 1't',tSf
the President may authorise e:i..-penditure out
to exist at the 1•,pm t1f thi1 t, d,n s fr11111 t hc
of the Consolidated Fund of the State. date on wb1Ch t hr Ll1k S.1bh,1 t,rsr sits ,1t°t1'1
4. The President may suspend the provision its reronst1tutt0n
of the Constitution relating to any authority of
ETfurt ot manctal .. .,,p,qe1r\
the State except those relating to High Courts.
I. Tht' Ptt'sil'knt nHt~ .1p1H11111 .1 F111.llh't'
1
Exampka, This form of emergency is quite Conunisswn to sll~l'Sl nwt hllds t11 ~t't l lll
common in India and President's Rule hus been of the iinnn1·i.il 1·ns1s 111·, slw 111.1~ .11h1pt
imposed in a State at one time or the other. :rn1tnl>k 11wns1\lt'S 111 1cshllt' tit1,111<·1.1l
stnbihty 111 tht' lt!,\ht llf ll'l'1it111111•11d.1t11111s
The first instance of the President's Ruk
of tlw Fm,1m·1• l'll1111111ss11n1
ns in 1951 in Punjab. In 1977, nine Stutes
2. l'lw Pt csttknt cn11 1t'lh1c1• t hc s.1l:1rn•s ,Hid
tere brought under the President's Ruk on the
nllow1111cl'S of nil 1ll ,111\' d.1ss 11f p1•1sllll~.
pretext that the State Assemblies no longer 1
nd11d111g tlw Jud~1•s nt tht• Si 1p11•111t' l \ 111 l
1
ieftected the views of the people. n11cl thl' I liAh Co11its.
In December 1992, President's Ruic wos J. /\II Mo1wv ll1lls pn:-1s1•d by t lw I 1ik S,1hh,1
inposed on Uttar Pradesh, Madhyn Praclesh, nn• to l>t' subnuttt'd to th1• Pn·sHkllt f1,1
Raiaathan and Himachal Pro.desh. }us/ ht'l c•mumit'HII ion.
On October 21 1997 the Union Cabinet •I. Tht> Pn•s1cl<-11t 1'1\tl 1ss111• 111st111l'I i1ll\S Ill
1 1 11 11
' , • J
tht' Stnlt'II in n•~nnl to tht• 11til\:-11lt1111 111
recommended the imposition of Prrs d • t
~ in Uttar Pradesh following acts of viokncr r uls 111 lht• 11u11111c-1 It~ t hmks flt.
111
th 5, Tlw Prrsidrnt lllllY 11nk1· th~ Stnt1• to
IA tbe Vidhan Sabha. The President ft'lt ut
sub111lt Mon<'Y Ullls to him fOI' hili I\SSt"l\t,
- of violence did not imply brt~akdoWJI of
th Fhwndt1l Emeq~rm·y has nt'ver bt't'l\ dtdtttl'tl
COliatitutlonal machinery so he returne-d e

-
"1,;..;.._. ·d n t 's sinct: tht' promulgtltion of t lw L'onstitnt ion.
~endation for Proclamation of Presi e
for reconsideration.

nt and The Vice-President

 Term of Off,c
Arttde 63 s•tpulates that then· sh.111 be u
I. The V1ce-Pres1deni shall hold om
tem1 of fh·e ) ears from the dat, ~ fo: ,
\'ice-f'rt'sidrnt of lnd1a. he 'she enters upon his offict 0n - ~
0~ ~ ~ o s 10 ... er.I 1m
2. He She may. by wnttng, addre
the President. resign his/he-r om s~ •"
1. A person shall be eligible for election as resignation w1ll be communicat~- ~
\'ice-President, if he,'she: President to the- Speaker of the Lok b: lbc
(a) ;s a citizen of India; 3. He/She may, for the violation ~b~
(b} has completed the age of thirty-five Constitution. be removed from th O the
years: and by the process of impeachment. e 0~
(c) is qualified for election as a member of -t-. He/She shall continue to hold
the Council of States. non,ithstanding the expUJ of his h 01licc,
until his/her successor enters u~~t~.
2. A person shall not be eligible for election as her office. uis/
\·ice- President if he/ she holds any office
of profit under the Government of India or Powers and Functions
Government of any State or under any local 1. Chairman of th~ Raj)a Sab ,a. Th
or other authority subject to the control of any Vice-President of the Indian Union acts as the
of the said Governments. ex.-officio Chairman of the Rajya Sabha e
Elec1;on
this capacity he/she regulates debates I
proceedings of the House and dee-ides the Ord
:ui:
An Electoral College consisting of the members of speeches. He/She decides the admissibiU~
of both Houses of Parliament elects the of a resolution or of questions. He/She ma·
suspend or adjourn the business of the House~
Vice-President. The election is held in accordance
case of grave disorder. He /She issues dil't'ctions
with the system of proportional representation to the chairmen of va.tious committees 11, all
by means of the single transferable vote. The matters relating to their working.
voting at such an election is by secret ballot.
Each nomination paper should be proposed by The Vice-Presidertt gets no sal-1ry as the
Vice-Presidertt; whatever is paid to him is onlv
at least twenty electors (MPs) and another twenty in the capacity of the Chairman of the RUJ};
electors should second the same. Earlier, the Sabha. In his absence the Deputy Chainna_n,
requirement was five proposers and five seconders. who is elected by the me1Ubers of the RaJ),l
Oa t h of Office: Before entering upon his/her Sabha, heads the Rajya Sabhn.
office, the Vice-President takes an oath before 2. faki~1g over as .ne l'.'r<:'sidt>nt· The
the President (or some person appointed on Vice-President takes over thl' office of the
his/her behalf by him/her) to: President under the following situntions:
(a) bear true faith and allegiance to Constitution (a) death of the President.
of India; and (b) resignation of the President,
(b) faithfully discharge his duties. (c) removnl of the President, or
(d) when the President is unable to disehargt
his/her fllnctions owing to nbst'lll't'. illness
or any other cnuse.
ln the evt-nt of the Presictc-nt's de,1th,
resigni,tion OJ' removal, the Vkt' Preside1\t ad~
ns Pre.-sident nnd t-nters upon his/htt offi.1·~
until n new Presirlent is ele<'lt'd. This i~ unlike
tlw Viee-Prestd('nt of tht• USA, who bt•ro111es t~c
f'residt•nt for Uw rt>tno!ning tc1m ot th<' otlk
Tht> Vl<'t' Presidt>nt is the second he:d
of the Union Executive. He Is also t
ex oftklo Chuirtnnn of the Rajyfl Sa_bh_a (Untocl
l~gisluture). Thus, he hus two d1st1nct anof
■ Jagdeep Dhankhar, Vice-President ot lndla separute, offices. '!'his du<d capacity 11 °~
the unique fcature-s of the Indian Constttu OJl.

Total Ulatory 81
Ci'°lcl·JO
.. t r- c:-,'('Cutw<' ht'ud llf th<' Statt· ,\lld th<' Su 1 • • ~
· th"" ,,.lN tt<l nl\ mbcrs nf b<)tt, tl H ouse-s of PPil<m1: C onunandrr of Defence fore C'S who 1s elected
, , ' • l<' I
. · · r mmcnt and elt'cted mt·mbcrs of State Legislative
A:-$<'"1Ubl IC'!<

( 11 .i <'ltlZt'n of Ind • (11 I

dectio.n .,8 ,t mc:-mbt-r of l\)k S,'lbha . ta. not lt'ss than JS, ears of age: (111) qualified
~ ,__ t' l • · (I\ I not hold mg ,un offic-e of proht under the government
•
d (') not .l. lll<'m~r o t'lt 1t-1 Houst• of Parh •, 111t • n t 01. s tate Legisl::tture ~

ind1n--cth• dt'<'t"d b· h ~
_,.1 b f b · t ' t e nwmbcrs ot .:in Ekctoral College consisting of
tht· n1e1n ers o tlth Houst•,:: p l
•
t"lC'<'ku
. ,... - 01 ar rament 2 the t?lccted members of the Leg1slat1,·e
\ssc:-mbh<-'s ot the ::St,Ut·s mcludmg the- Natiorul • Capit"'l
• Ternton o f D e ll11 an d rh e U n1on T emtof}
-
~~~~
h - u
-
fi,·e ,ears.
can be remO\ ed from offh:e by impeachment for the v1olat1on of the
Constitution by d. resolution passed b, both Houses after pronng the charges against lum

(t) Executi, e head of the State: (u) i\lakes all unportant appointment s such
as thoSt' of the Prune l\timster ::tnd other l\lm1sters. Gon,rnors. the Chief Justice and the Judges
of the Supreme Coun and the High Courts. the Atton1e\ -General the Comptroller and Auditor
General and Chairman of Y~u1ous committees· (m) Admmiscers the Union Temtoncs and the
Border Areas: (i,·) Assumes to lumself/herse lf all or am of the funcuons of the GoYemrnent of
the State when the State is put under President's Rule.
~ s "' (i) Addresses first session of Parliament after the General Elecnons
and the first session of each year (11) Can issue Ordmances when the Parliament 1s not m
session; (iii) Can summon. prorogue or dissolve the Lok Sabha and order fresh elections:
(iv) A Bill passed by the Parliament must recel\ e his/her assent before tt becomes an Act: and
M Can nominate 12 members to the RaJya Sabha
(i) No Money Bill can be introduced 111 Parliament w1thout his her pnor assent.
(ii) Causes the Annual Budget and the Annual Financial Statement to be lrud before the Parliament:
Cm) Can authorise withdrawal of advances from the Contmgency Fund of India to meet unforeseen
expenditure; (iv) Can appoint a Fmance Commission after e\'ery five \ ears
...ou,.aa . (i) Appoints Judges of Supreme Court and High Courts. (1i) Can grant pardon
reprieve or remission of pumshment or commute denth sentence
r O u~.....~ -.. certain discret 1on:uy powe,s, where he/she uses his/he1 wisdom
and
juclpmcnt; For example, dissolution of Luk Subha. d1snussal ol muusters
Can declare an Emergelll') 1f thert• 1s n thrc•at to the secunt~ of India or
if there is a failure of cons11tution,1 l m.1ch11wn m a State or 1f tht•tt· 1s n tinancial

ti (i) The power of appu1ntmg lncli.m Ambnssnrlor s_ to o~he1 l·ountrws

Gft n----' b d H gh Commisswnt• rs· and d1plom tilt' t'OV<>) s lrmn lott'lgn nnt1ons,
.., ~ves am assa ors, 1 >
~ .an ._ d . - l ug11..•rnt'nts cut' <.onduclc ti 111 till nunit' al rht' f n~sidt•nt, and
'Jlll!III nu ueaties an 1nternn110nn ~
,-, represents India m Internauonnl Confc renc-t>s
{i) the Supreme Commonder of the A, 111t d Fmt t•::. of lndm, (n) Appomt:. the
15
mlt~d Forcc>s sulJJt'<..'l to ce1 t un rules nnd I eg1.1lnhons. md Im)
of the three wings o f t h e A Wm und J't•ncc ' d I , i
011 t ht' u \ H C' ot t I<' L uunc1 1 ot Min stt>rs
power to make Dcclurntions o f
:::ri-.:~P,r•••fd
ttl I he Housf'R of P rh 1ment m f\l cordru1ct> with th(' yste;-m ot
by the mcmbeNI Of t)ot"DJl of mgle t1unaat·r11 t: tI
<' votr
rttonal representatto n l)y Jll

dent and The Vice Pr 1,dd nt

 u c to t (i) a citizen of India; (ii) not less than 35 years of age; (iiil q\lal;ILJ
l
• s bh . (' l does not hold any office of profit eith - ~
for election as a member of the RaJya a a, iv er 'llldct
Union Government or under State Government.
<;. ~ 1c five years.
oval r ' n O ~. by a resolution of the Rajya Sabha passed by a majority of its Tllttnbtra
and agreed upon by the Lok Sabha.
2,,, ~ . ml Functtoxu of :he 11·,-e-, ·e_ !It
The ex-officio Chairman of the Rajya Sabha.
Officiates as President in case of death, resignation or removal of the President till a new ~sidem
is elected.
, When the President is unable to discharge his/her ~ctions o~g to absen~e, illness or any olhtt
reason, the Vice-President discharges h.ts/he~ functions. Dunng such penod, he/she is entitled
to all the powers and immunities of the President.

I. Multiple-Choice 9uestions
r EXERCISES

1. Who is the head of the state of the Indian Union?

(a) The Prime Minister (b) The President
(c) The Chief Justice (d) The Speaker
2 . Who is the Supreme commander of the Defence Forces of India?
(a) The President (b) The Deference Minister
(c) The Prime Minister (d) The Commanding Minister
3 . What is the minimum age to be elected as the President of India?
(a) Thirty years (b) Thirty-two years
(c) Forty years (d) Thirty-five years
4 . Name the President of India.
(a) Ram Nath Kovind (b) Narendra Modi
(c) Droupadi Murmu (d) Yashwant Sinha
5. What is the security deposit of a candidate for Presidential Election?
(a) t2soo (b) ns,ooo
(c) '10,000 {d) nsoo
6 · The pfower 10 summon Parliament is subject to the condition that there should not be*
gap o more than - - mon th s between two session. of each house.
(a) Four (b) s·
(c) Three {d) N:e
7 No llill .t'an b1•comr. a Lnw withou t the assent and the signnture of the
(a) Prune Minist<-r ' ---
(h) Vice Presid~nt
(c) Comptrolle1 tine! Auditor Oc1wrnl oflnd·
(d) President m

- ~
Total History ~ Civ•
 tnlHlf-St the following is not E
-11 n ,,n n1cr
\\ ''\,j,\ttonnl Emergency Rcncv Power of the Prcs1ctcn1,>
pl · , 1,(-inl Emergency
F1t1• •
1t1l ,nkdown of Constitutionru Ma. .
l t~rt c11tnerv in S
!Cdl 8 I\..
,..,kout of an epidemic · a tnte
l Pr 'd ' .
1 w long can es1 ent s rule be im
Ft,r 10 Posed in a state?
1nl 1 mont: (b) 2 months
) 6 mont s (d) 3
(c . months
. h article stipulates that there shall b .
O v.ri11r e a Vice President of I d ?
Article 12 n 1a
(a.) . 63 (b) Article 62
(cl Article (d) Article 65
uho administers the oath of office to the Pr .d
11 \~ est ent of India?
(a) comptroller and Auditor General of India
(b) pJime Minister of India
(c) Chief Justice of India
(d) Judge of the Supreme Court

1.2. What is the term of office of the President of India?

(a) Five years (b) Seven years
(c) Three years (d) Ten years
Short Answer Questions
1. Name the body as well as the process involved in the elechon of the President

Why is the President elected by indirect elections?

3 How can the President vacate his/her office? On what grounds can the Prt:'stdent or
India be removed from office?

4 Mention the occasion when the President addresses both the Houses of Pnrhanwnt
assembled together.
S How is the Vice-President elected?
6. How long can the Vice-President continue to hold office even nftt•r tlw t•xp11y of Ins/
her term? How can the Vice-President be removed from ofikt•?
State the power of Vice-President as the ex-officio Chnirmnn of the R1\1ya S,tbhn
~ ctured Questions
The Pres1·dent o f In d'1a enJoys
· vast powrrs · In this context, btidly t•xplmn:
(a) Any three of his/her Executive Powers.
(b) Any three of his/her Legislative Powers.
(c) Any two of his/her Judicial Powers.
2 ACCording to Dr Ambedkar, "The President rcprcsentsti the nation but does nut rnlt>
· context answer the fouowmg
the nation • In this · quea ona·
( · . . aa a nominal head of the State State two
a) The President of India is referred to eat hit nominal 1tat\11
ex&mples of his legislative powers that aua
 (b) M ntlon th, c1rct1111 1011, (' wh n I he Pre id nt can dcdarc a national cmer
(C') I• xpl. in two ch u ct 111n 11y Powrr o f th, Pre 1dcnt.
1hc Pr id nt inny dcdrrn an <JtH.:rgrncy in o State, 1f he/she I convtnc.ed cf
brcnkrlown of <.:mi titntionul nw, lm1< ry in the State fn this context, answer the foll<,
qu hOll$:
(n) Whl'ri <'Oil such an ,•mcrg, my bi• proclaimed? Why is such an emergency ~
H•f, rn; d Io ,19 Pn•Hiclc II t ':-. R11 I<!?
(b) Whnt 1s tlw dltl ntion of surh un emergency? State two conditions under Wh
such an <'tncrgcncy cnn b<' extended beyond one year.
{c) Slate the 1•ffcct of the emergency on the administration of the State.
Accordmg to Article 63 of our Constitution "There shall be a Vice-President of India"
ln 1his context, slate
(a) the manner of his/her election;
(b) ~ny three qualifications for election; and
(c) two of his/her important powers.

ct Study
Study the picture and answer the questions
that follow:
(a) Identify the building in the picture
and state where it is located. Whose
official residence is it?
{b) State the qualifications necessary
to become the President of India.
(c) Why is it said that the President
of India is only a nominal head?

11
Suppose you have a penfriend who lives in Los .
to know the difference in powers of th p .d Angeles m the USA. He/She wants
h r the d1fferences and also who has e resi ents of India and the USA. Tell him/
more powers.s
uppo nots break out in your State and there .
Wh t will the Governor of your State <lo and w is a. bre~ down of law and order.
hat will be its consequences?

•• • ••

ilUNt
t Risto