T2he President and the Vice President

The Presiden
The President is the head of the Indian Union and is the supreme commander of the defence
forces of India.
Position of the President
●​ The President is the head of the Indian Union, but he has to act on the advice of the Prime
Minister and the Council of Ministers.
●​ The president is the head of the state and the supreme commander of the defence forces
of India .
●​ The President may send advice to the Prime Minister and his Council of Ministers for
reconsideration. However, if he receives it back, the President has to act on the advice of
the President.
●​ All the proclamations of Emergency which are issued by the President have to be approved
by the Parliament.
●​ The President is the constitutional head of the country, but all decisions are taken by him on
the advice of the Prime Minister and the Council of Ministers.
●​ The President occupies an important position in the country as executive powers of the
Union are vested in him and are exercised by him directly or through officers subordinate to
him.
●​ The President has the right to be informed on all important matters. When no party gets a
majority in the Lok Sabha, he can use his discretion in appointing the Prime Minister in
accordance with the provisions of the Constitution.

Qualifications for Election to the Position of President

●​ He should be a citizen of India.
●​ He should have completed thirty-five years of age.
●​ He should be qualified for election as a member of the Lok Sabha.
●​ He should not hold any office of profit under the Government of India.

Election of the President

The President is elected indirectly by the members of the Electoral College. The Electoral
College consists of
●​ The elected members of the Lok Sabha and the Rajya Sabha
●​ The elected members of the State Legislative Assemblies
It is to be noted that the nominated members of the Parliament and the State Legislative
Assemblies are not part of the Electoral College.
For choosing the presidential candidate, the name of the candidate should be proposed by 50
members of the Electoral College and has to be agreed by another 50 members.

Indirect Election
There are several reasons as to why the President is elected indirectly. These are
●​ The direct election of the President by the people of the country can make him a rival
centre of power to the Council of Ministers.
●​ As mostly a party gets a majority in the Houses of the Parliament, election of the President
by only the members of the Parliament could have made him a nominee of the ruling party.
 Then the President would not have been able to represent the states in India.
●​ The election of the President by an Electoral College consisting of the State Legislative
Assemblies makes the President the elected representative of the whole nation.
The President takes the oath of office in the presence of the Chief Justice of India.

Term
The President is elected for a period of five years. He can hold office even after the expiry of his
term as a President till the election of a new President.

Vacation of Office
●​ The President can resign by submitting his resignation letter to the Vice President.
●​ The President can be impeached or removed from his office for gross misconduct or for
violating the Constitution.

Procedure for the Impeachment of the President

●​ For impeaching the President, a resolution can be moved after giving a fourteen days
notice which should be signed by not less than one-fourth of the total number of the
members of the House.
●​ The resolution should be passed by a majority of at least two-thirds of the total membership
of the House.
●​ The charge is then investigated by either House of the Parliament and the President can
appear and get represented during such an investigation.
●​ If after investigations, a resolution is passed by a majority of not less than two-thirds
members of both Houses of the Parliament, the President is impeached.

Powers and Functions of the President of India

Executive Powers
●​ The President is the head of the Indian Union. All executive orders are issued by the
Prime Minister and his cabinet on the name of the President.
●​ All key appointments are made on the name of the President on the advice of the Prime
Minister and his cabinet. The President appoints
o​ The Prime Minister (the leader of the majority party in the Lok Sabha) and his Council of
Ministers on the advice of the Prime Minister.
o​ The Chief Justice and the judges of the Supreme Court and the High Courts.
o​ The Governors of the states, Lt-Governors and the Chief Commissioners of the Union
Territories.
o​ The Attorney General, the Comptroller and the Auditor General of India.
o​ The Chairman and the members of the Union Public Service Commission.
●​ President’s rule is imposed over states if there is a breakdown of the state machinery or
if no party is capable of proving its majority on the floor of the House.
●​ Administration of the Union Territories and the border areas is the responsibility of the
President.

Legislative Powers
●​ The President addresses both Houses of the Parliament for the first session held after the
General Elections to the Lok Sabha.
●​ He has the power to send messages to both Houses of the Parliament related to any
 parliamentary matter (e.g. bills).
●​ The President has the power to summon and prorogue the houses of the Parliament.
●​ He can dissolve the Lok Sabha on the recommendations of the Prime Minister.
●​ The President nominates 12 members to the Rajya Sabha from among persons who have
made great contributions to science, literature, social sciences, arts and sports.
●​ No bill can become a law until and unless it is signed by the President. The President can
send the bill back to the House if he disagrees with any clause of the bill. However, when
the bill comes to him for the second time, he has to sign it.
●​ An Ordinance can be promulgated by the President which has the same status as an Act of
the Parliament.
o​ The President can pass the Ordinance if he feels that circumstances are necessary for
him to take immediate action.
o​ The Ordinance can be passed even if no House of the Parliament is in session.
o​ If the Parliament disapproves the Ordinance, it lapses. After the Ordinance is passed, it
lapses after a period of six weeks. The Ordinance also lapses when it is replaced by an
Act of the Parliament.
●​ The Governor may reserve some bills passed by the state for taking an opinion of the
President. The President can send the bill back to the State Assembly for reconsideration.
●​ A bill dealing with the altering of state’s boundaries and the formation of new states cannot
be introduced without the recommendations of the President.

Financial Powers
●​ Money bills can originate in the Lok Sabha only on the recommendations of the President.
●​ The Annual Budget is placed by the Finance Minister in the Parliament on behalf of the
President.
●​ The Annual Financial Statement is also laid before the Parliament at the beginning of the
financial year on behalf of the President.
●​ Withdrawals from the Contingency Fund can be made after the approval of the President.

Military Powers
●​ The President is the supreme commander of the armed forces in India.
●​ He appoints the Chiefs of all the three wings of the Armed Forces on the recommendations
of the Prime Minister and his Council of Ministers, the Parliament and the Military
Secretary.

Judicial Powers
●​ The President is not answerable before any Court of Law for the exercise of powers and
duties in his office.
●​ No criminal offences can be registered against him during his tenure as a President.
●​ The President has the power to grant pardon, reprieve, respite or commute the sentence of
any person convicted for an offence.

Discretionary Powers
●​ The President can appoint the Prime Minister when there is a hung Parliament, i.e. where
no single party gets a majority in the Lok Sabha.
●​ He can appoint the Prime Minister in case of his (Prime Minister) sudden death and the
ruling party is unable to elect a leader.
●​ When the ruling party loses the majority in the Lok Sabha, the President may or may not
dissolve the House on the recommendations of the Prime Minister. The former may ask the
 leader of the other party to prove their majority on the floor of the House.
●​ The President can dismiss ministers of the government if they lose the confidence of the
House but refuse to resign.

Emergency Powers
The President can declare emergency in the following cases:
●​ National Emergency: If there is danger to the peace and security of the nation because of
foreign aggression, civil war or insurgency.
●​ Breakdown of Constitutional Machinery: Emergency can be proclaimed in the state if
the constitutional machinery of the state breaks down.
●​ Financial Emergency: If the financial stability or the credit of the country is threatened.
●​ National emergency should be approved by both Houses of the Parliament within one
month by special majority.
●​ The emergency cannot continue for more than one month. If the Lok Sabha does not
approve the Proclamation of Emergency, the President has to annul his Proclamation.
The Vice President

The Vice President is the ex-officio Chairman of the Rajya Sabha.

Qualifications for Election to the Position of the Vice President
●​ He should be a citizen of India.
●​ He should have completed thirty-five years of age.
●​ He should be qualified for elections as a member of the Council of states.
●​ He should not hold any office of profit under the Government of India.

Election of the Vice President

●​ The Vice President is elected by the members of the Electoral College consisting of the
members of both Houses of the Parliament. The election is held in accordance with the
system of proportional representation by the means of a single transferable vote.
●​ The voting of the Vice President takes place by secret ballot.
Term of Office
●​ The Vice President holds office for a term of five years.
●​ He may resign from his office by submitting a written application to the President.
●​ He can be removed from the office by the process of impeachment for violating the terms of
the Constitution.

Powers and Functions of the Vice President

●​ The Vice President is the ex-officio Chairman of the Rajya Sabha. He may suspend and
adjourn the business of the House in case of grave disorder. He regulates the debates and
the proceedings of the House.
●​ The Vice President can take over the position of the President under the following
circumstances:
o​ In case of the death of the President
o​ In case of the resignation of the President
o​ In case of the impeachment of the President
o​ When the President is not able to discharge his duties owing to his absence, illness or
because of any other causes.
o​ In case of impeachment or the death of the President, the Vice President acts as
President till the new President is elected.