" UNIONEXECUTIVE "
THEPRESIDENT OF INDIA
Articles 52 to 78 in Part V of the Constitution :
These articles detail the structure and functions of the Union executive branch responsible for enforcing
laws and administering public policy.
Union Executive Composition :
President : Ceremonial head of state, symbolizing national unity and integrity.
DRAUPADI MURMU
VicePresident : Deputy to the President and presides over the Rajya Sabha.
JAGDEEP DHANKAR
Prime Minister : Head of government, holding real executive power.
NARENDRA MODI
Council of Ministers : Includes Cabinet Ministers, Ministers of State, and Deputy Ministers, assisting in
administration and decisionmaking.
Attorney General of India : Chief legal advisor to the government.
R.VENKATARAMANI
President's Election Process :
Indirect Election : The President is elected by an electoral college, not directly by the people.
Electoral College : Consists of elected members of both houses of Parliament,{LOK SABHA , RAJYA
SABHA}
state legislative assemblies,{MLAs}
and legislative assemblies of Delhi and Puducherry.
Exclusion from Voting :
Nominated members of Parliament, state legislative assemblies, and
state legislative councils do not vote in the presidential election.
{Its establishment is defined in Article 169 of the Constitution of India.
Only 6 out of 28 states have a Legislative Council.
These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh.
No union territory has a legislative council.}
Dissolved Assemblies :
Members of a dissolved legislative assembly cannot vote in the presidential election until new elections
are held.
Uniformity and Parity :
The Constitution ensures balanced representation of states and the Union in the presidential election.
Value of Votes :
For MLAs : Vote value reflects the population of the state.
For MPs : Vote value is proportional to the total value of votes from all state assemblies.
Proportional Representation :
The election uses a proportional representation system with a single transferable vote,
ensuring the President is elected by an absolute majority, with voting conducted secretly.
Electoral Quota :
A candidate must secure a quota of votes (50% of valid votes plus one vote) to be elected President.
Voting Preferences :
Voters rank candidates in order of preference on their ballots.
Transfer of Votes :
If no candidate secures the quota with first preferences,
the candidate with the fewest votes is eliminated, and
their votes are transferred based on second preferences.
Supreme Court's Role :
The Supreme Court resolves disputes regarding the presidential election, and its decision is final.
Validity of Presidential Acts :
If the election is voided, actions taken by the President before this declaration remain valid.
Criticism of Indirect Election :
Some Constituent Assembly members criticized indirect election as undemocratic and proposed direct
election, but it was deemed impractical for aceremonial role.
Election by Parliament Alone :
Proposed but rejected to avoid partisanship and ensure broader representation.
Terminology Debates :
Terms "proportional representation" and "single transferable vote" were debated as not entirely
accurate; "preferential" or "alternative vote" systems might bemore appropriate.
Bias Explanation
Institutional Bias :
Supports the existing constitutional framework, favoring indirect election without deeply exploring
alternative viewpoints.
Historical Bias :
Reflects views of the Constituent Assembly at the time the Constitution was framed, potentially not
considering contemporary opinions.
Political Bias :
Implicitly suggests that indirect election prevents partisanship, which might be debatable.
Qualifications for Election as President
Citizen of India : The candidate must be an Indian citizen.
Age Requirement : Must be at least 35 years old.
Qualification for Lok Sabha Membership : Must be eligible to be elected as a member of the Lok Sabha.
No Office of Profit : Cannot hold any office of profit under the Union or state government, or any local or
public authority. Exceptions include the sitting President, Vice President, state Governors, and Union or
state ministers.
Nomination Conditions
Proposers and Seconders : A candidate's nomination must be supported by at least 50 electors as
proposers and 50 as seconders.
Security Deposit : A security deposit of ₹15,000 must be made with the Reserve Bank of India. This
amount is forfeited if the candidate does not secure onesixth of the votes.
Oath or Affirmation by the President
Before taking office, the President must take an oath to:
Faithfully execute the office.
Preserve, protect, and defend the Constitution and the law.
Devote himself to the service and wellbeing of the people of India.
The oath is administered by the Chief Justice of India or, in their absence, the seniormost judge of the
Supreme Court.
Conditions of President's Office
No Membership in Parliament or State Legislature : If elected, the President must vacate any seat in
Parliament or state legislature.
No Office of Profit : Cannot hold any other office of profit.
Residence : Entitled to reside in the official residence (Rashtrapati Bhavan) without paying rent.
Emoluments : Entitled to salary, allowances, and privileges as determined by Parliament. These cannot
be reduced during the President's term.
Salary: ₹5 lakh per month (since 2018).
Pension: 50% of the salary per month for retired Presidents.
Additional Benefits: Furnished residence, phone, car, medical treatment, travel facility, secretarial staff,
and office expenses up to ₹1,00,000 per annum.
Family Pension: 50% of the pension for the spouse of a deceased President, along with other benefits.
Term, Impeachment, and Vacancy
Term : The President serves for five years but can continue in office until a successor takes charge.
Eligible for reelection without term limits.
Impeachment : Can be impeached for 'violation of the Constitution'. The process involves:
Initiation of charges by either House of Parliament.
Charges signed by at least onefourth of the members and a 14day notice to the President.
A twothirds majority vote in the initiating House, followed by an investigation by the other House.
If the other House also passes the resolution by a twothirds majority, the President is removed.
Initiation of Charges :
At least 1/4th of the members of either the Lok Sabha or Rajya Sabha sign a notice stating the charges
against the President.
The President is given a 14day notice period to prepare a defense.
Adoption of Resolution :
The House where the charges were introduced debates and votes.
If 2/3rds of the members agree, the charges are adopted and sent to the other House.
Investigation by the Other House :
The second House investigates the charges.
The President can defend themselves during this investigation.
Resolution in the Other House :
If 2/3rds of the members of the second House also agree with the charges, the President is impeached
and removed from office.
Example
Initiation : In the Lok Sabha, 150 members sign a notice accusing the President of violating the
Constitution and submit it. The President gets a 14day notice to respond.
Adoption : The Lok Sabha debates the charges. If 400 out of 545 members vote in favor, the charges are
adopted and sent to the Rajya Sabha.
Investigation : The Rajya Sabha investigates the charges. The President presents a defense.
Resolution : If 170 out of 245 members of the Rajya Sabha vote in favor, the President is impeached and
removed from office.
The Vice President then takes over until a new President is elected.
Vacancy : Can occur due to the expiry of the term, resignation, impeachment, death, disqualification, or
if the election is voided.
The VicePresident acts as President until a new one is elected within six months.
In the absence of the VicePresident, the Chief Justice of India or the seniormost judge available acts as
President.
Powers and Functions of the President
Executive Powers :
All executive actions are taken in the President’s name.
Can specify how orders are to be authenticated and manage Union government business.
Appoints the Prime Minister, ministers, Attorney General, Comptroller and Auditor General, Chief
Election Commissioner, Governors, and others.
Can seek information from the Prime Minister and require matters to be considered by the council of
ministers.
Appoints commissions and councils for various purposes.
Legislative Powers :
Summons, prorogues, and dissolves Parliament.
Can summon joint sessions of Parliament.
Addresses Parliament at the beginning of the first session after a general election and each year.
Can send messages to Parliament regarding pending bills or other matters.
Nominates members to Rajya Sabha and Lok Sabha.
Decides on disqualifications of Parliament members.
Must approve money bills and can return other bills for reconsideration.
Can promulgate ordinances when Parliament is not in session.
Financial Powers :
Money bills require the President’s recommendation.
Presents the annual financial statement (Union Budget) to Parliament.
No demand for grants can be made without the President’s recommendation.
Can make advances from the contingency fund of India.
Constitutes a finance commission every five years.
Judicial Powers :
Appoints the Chief Justice and other judges of the Supreme Court and high courts.
Can seek advisory opinions from the Supreme Court.
Has the power to grant pardons, reprieves, respites, and commutations in certain cases.
Diplomatic Powers :
Represents India in international forums and affairs.
Concludes international treaties and agreements, subject to Parliament’s approval.
Sends and receives diplomats.
Military Powers :
Supreme Commander of the defence forces.
Appoints chiefs of the Army, Navy, and Air Force.
Can declare war or conclude peace, subject to Parliament’s approval.
Emergency Powers :
Can declare National Emergency (Article 352).
Can impose President’s Rule in states (Articles 356 & 365).
Can declare Financial Emergency (Article 360).
Article 111 : A bill becomes an act only if the President of India gives their assent. The President has
three options when presented with a bill:
Assent : Approve the bill.
Withhold Assent : Reject the bill.preventing it from becoming a law.
Return the Bill : Send it back to Parliament for reconsideration, unless it is a Money Bill {his does not
apply to Money Bills}. If Parliament passes it again, the President must approve it.
Purpose of Veto Power :
This power helps prevent hasty or unconstitutional legislation by Parliament.
4 Types of Veto Powers
Absolute Veto : The President refuses to sign the bill and it does not become a law. This is used in two
cases:
Used in cases of private members' bills or when the government has changed.
Private Members' Bills : Bills introduced by members who are not ministers.
Government Bills : When the cabinet resigns after passing the bill but before the President's assent, and
the new cabinet advises against it.
Examples : President Rajendra Prasad’s veto of the PEPSU Appropriation Bill in 1954 and President
Venkataraman’s veto of the Salary, Allowances, and Pension of Members of Parliament (Amendment)
Bill in 199
Example: In 1954 and 1991, the President withheld assent to specific bills under certain conditions.
Qualified Veto : The President's rejection can be overridden by the legislature with a higher majority
(not applicable in India).
Suspensive Veto : The President returns the bill for reconsideration. If Parliament passes it again, the
President must assent.
Not applicable to Money Bills.
Example: If the President returns an ordinary bill and Parliament passes it again, it must be signed.
Pocket Veto : The President takes no action on the bill, effectively keeping it pending indefinitely.
The President does not take any action on the bill, effectively "pocketing" it. There is no time limit for
the President to decide, unlike in the USA where the decision must be made within 10 days.
Example : President Zail Singh used the pocket veto for the Indian Post Office (Amendment) Bill in 1986.
No Veto Power on Constitutional Amendments
The President must approve constitutional amendment
The 24th Constitutional Amendment Act of 1971 makes this mandatory.
The President's veto power is designed to ensure careful and considered legislation, preventing hasty or
unconstitutional laws. It includes absolute, suspensive, and pocket vetoes but does not apply to
constitutional amendments.
Veto Power over State Legislation
The President can also veto state legislation if the bill is reserved for his consideration by the state
governor.
The options are similar:
Give Assent
Withhold Assent
Return for Reconsideration : Unlike central legislation, if the state legislature passes the bill again, the
President is not obligated to sign it.
Veto Power on State Legislation
Article 200 : Similar options for the Governor of a state, but with an additional option to reserve the bill
for the President.
Article 201 : When a bill is reserved for the President, they have the same options as with central
legislation but with no time limit.
OrdinanceMaking Power of the President
Article 123 : The President can issue ordinances when Parliament is not in session. These ordinances
have the same effect as laws but are temporary.
Limitations :
Only issued when Parliament is not in session.
Must be satisfied that immediate action is necessary.
Must be within Parliament's legislative powers and cannot infringe on fundamental rights.
Must be approved by Parliament within six weeks of reassembling.
The President of India can issue ordinances, which are temporary laws, under certain conditions:
Conditions for Issuing Ordinances :
When Parliament is Not in Session : The President can only issue ordinances when either both Houses of
Parliament (Lok Sabha and Rajya Sabha) are not in session, or one House is not in session.
Necessity : The President must be convinced that immediate action is needed.
Key Points:
Temporary Nature : Ordinances have the same effect as laws passed by Parliament but are temporary.
Parliament's Approval : Ordinances must be approved by Parliament within six weeks of reassembling. If
not, they cease to be effective.
Duration : The maximum duration of an ordinance is six months and six weeks, considering the
maximum gap between Parliament sessions and the time for approval.
Presidential Discretion : The President's decision to issue an ordinance can be questioned in court if it's
believed to be done with bad intentions or to bypass Parliament.
Examples of Limitations:
Same Subjects as Parliament : The President can only issue ordinances on subjects Parliament can
legislate.
Fundamental Rights : Ordinances cannot violate fundamental rights.
No Constitutional Amendments : Ordinances cannot be used to amend the Constitution.
Ordinance Withdrawal:
Council of Ministers : The President can withdraw an ordinance at any time based on the advice of the
Prime Minister and the Council of Ministers.
Purpose of Ordinances:
Emergency Situations : Ordinances are meant to handle urgent matters that arise when Parliament is
not in session and cannot pass laws quickly enough.
Example:
Freedom of Press : In 1986, President Zail Singh used the pocket veto to delay the Indian Post Office
(Amendment) Bill, which was controversial for imposing restrictions on the freedom of the press.
Conclusion:
Ordinances are a powerful tool for the President to address urgent issues when Parliament is not in
session, but they are temporary and require Parliament's approval to become permanent laws.
Examples and Judicial Review :
Judicial Review:
Supreme Court's Role : The Supreme Court can review the President's decision if it's seen as arbitrary or
done with malintent.
D.C. Wadhwa Case : The Supreme Court ruled against the continuous repromulgation of ordinances
without trying to pass them as laws in the state of Bihar.
The President’s satisfaction can be questioned in court if deemed mala fide (in bad faith).
Supreme Court ruled in D.C. Wadhwa case (1987) that repeated repromulgation of ordinances without
legislative approval is unconstitutional.
Pardon Power of the President
Article 72 : The President can grant pardons, reprieves, respites, commutations, and remissions for:
Offenses against Union Law.
Sentences by military courts.
Death sentences.
Types of Pardoning Power
Pardon : Completely removes the punishment and clears the person of any crime.
Example : President Pratibha Patil pardoned 35 convicts, including some on death row, in 2007.
Commutation : Changes the punishment to a less severe one.
Example : A death sentence changed to life imprisonment. President Pranab Mukherjee did this for five
convicts in 201
Remission : Reduces the duration of the punishment.
Example : President K.R. Narayanan shortened the sentence of Gopal Godse in 2000.
Respite : Gives a lighter sentence due to special circumstances like pregnancy.
Example : Reducing the sentence for a pregnant woman because of her condition.
Reprieve : Temporarily delays the punishment, especially the death penalty.
Example : President Neelam Sanjiva Reddy granted a delay for Kehar Singh in 198
Examples
Pardoning Death Sentences : In 2014, President Pranab Mukherjee commuted the death sentences of
some convicts to life imprisonment after considering their mercy petitions.
Commutation of Sentences : President A.P.J. Abdul Kalam commuted Kheraj Ram’s death sentence to
life imprisonment in 2005.
HighProfile Cases : Kehar Singh’s death sentence was delayed by President R. Venkataraman, showing
how the President can show mercy in significant cases.
Judicial Review
The President’s decision can be challenged in court if it’s unfair or not done in good faith, but usually,
the President’s discretion is respected.
Comparison with Governor’s Power
Article 161 : The Governor can grant mercy for state law offenses but can’t pardon death sentences.
Both the President and Governor can reduce or change death sentences.
Governor’s Power (Article 161) : Similar powers but limited to state laws and cannot pardon death
sentences.
Constitutional Position of the President
Parliamentary System : India follows a parliamentary system, making the President the nominal head of
the state.
Articles 53, 74, and 75 :
Executive power is vested in the President but exercised with the aid and advice of the Council of
Ministers.
The President must act on the advice of the Council of Ministers.
The Council of Ministers is collectively responsible to the Lok Sabha.
Amendments :
42nd Amendment : Made the President bound by the advice of the Council of Ministers.
44th Amendment : Allows the President to ask for reconsideration of the advice, but they must accept
the revised advice.
Key Takeaways The President's veto powers include absolute, suspensive, and pocket vetoes, but not a
qualified veto.Ordinances are temporary laws issued by the President when Parliament is not in session,
subject to certain conditions.The President has significant pardon powers, especially for Union laws and
death sentences. The President’s role is largely ceremonial and bound by the advice of the Council of
Ministers, reflecting the parliamentary nature of the Indian government.
