1.

President

The Union executive of India is composed of the

 President,
 Vice President,
 Prime Minister,
 Council of Ministers,
 Attorney General.

Who is President of India?

 The Indian President is the head of the state.

 is the first citizen of India and is a symbol of solidarity, unity, and

integrity of the nation.

 He is a part of Union Executive along with the Vice-

President, Prime Minister, Council of Ministers, and Attorney-
General of India.

How is President elected?

There is no direct election for the Indian President. An electoral college
elects him. The electoral college responsible for President’s elections
comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry
 Process of Election:

The process of electing the President of India is as follows:

o The Election Commission of India announces the date for the

presidential election and invites nominations from eligible
candidates.
o Members of the electoral college, which is made up of elected
members of the Indian Parliament and the Legislative
Assemblies of the Indian states and Union Territories with
legislative assembly, cast their votes using a system of
proportional representation by means of a single transferable
vote.
o The votes are then counted, and the candidate who receives
the majority of votes is declared elected as the President of
India.
o The President-elect takes the oath of office and assumes the
responsibilities of the President of India.

Term and Vacancy

 Term:

The President serves a term of five years from the date they take
office. However, they can resign anytime by sending a resignation
letter to the Vice-President. Additionally, they can be removed from
office through the process of impeachment before the completion of
their term.

 Vacancy: A vacancy in the office of the President can happen in the

following ways:
 o On the expiry of his tenure of five years.
o By his resignation.
o On his removal by the process of impeachment.
o By his death.
o Otherwise, for example, when he becomes disqualified to hold
office or his election is declared void.

What are the qualifications of the

President?
A candidate has to meet some qualifications to be elected as the
president. Those qualifications of the President are:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok Sabha
4. He should not hold any office of profit
5. Nomination of President should be subscribed by 50 proposers and 50
seconders

How is the President of India

impeached?
The President can be removed from office through a process of
impeachment for "violation of the Constitution," although the
Constitution does not specify what constitutes such a violation.

 Impeachment proceedings can be initiated by either House of Parliament,

with the charges being signed by one-fourth of the members of the
House.
 The President is given 14 days' notice before the proceedings begin and
has the right to appear and be represented during the investigation. If a
resolution is passed by a two-thirds majority of both Houses, the
President is removed from office.
 Nominated members of either House of Parliament can participate in
impeachment proceedings, even though they cannot vote in the
presidential election.
 Members of state legislative assemblies and the Union Territories of Delhi
and Puducherry, who can vote in the presidential election, do not
participate in impeachment proceedings.
 To date, no President has ever been impeached.
 Executive Powers of President
1. For every executive action that the Indian government takes, is to be taken in
his name
2. He may/may not make rules to simplify the transaction of business of the
central government
3. He appoints the attorney general of India
4. He appoints the following people:
1. Comptroller and Auditor General of India (CAG)
2. Chief Election Commissioner
3. Chairman and members of the Union Public Service Commission
4. State Governors
5. Finance Commission of India chairman and members
5. He can seek administrative information from the Union government
6. He appoints National Commissions of:
1. Scheduled Castes
2. Scheduled Tribes
3. Other Backward Classes
7. He appoints inter-state council
8. He appoints administrators of union territories
9. He can declare any area as a scheduled area and has powers with respect to
the administration of scheduled areas and tribal areas

Legislative Powers of President

1. He can summon(to call the house members) or prorogues(suspend)
Parliament
2. He can dissolve the Lok Sabha
3. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
4. He addresses the Indian Parliament at the commencement of the first session
after every general election
5. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy
chairman of Rajya Sabha when the seats fall vacant
6. He nominates 12 members of the Rajya Sabha
7. He consults the Election Commission of India on questions of disqualifications
of MPs.
8. Prior recommendationor permission of his is needed in certain types of bill

e.g – money bill,creation of new state

9. He lays the following reports before the Parliament:

1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.
Financial Powers of President
1. To introduce the money bill, his prior recommendation is a must
2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

Judicial Powers of President

1. He appoints Chief Justice and Supreme Court/High Court Judges.
2. He can take advice from the Supreme Court on any question of law or fact,
however, the advice is not binding on him

3. He has pardoning power:

Article 72 gives him the power to forgive punishment for breaking federal
laws, punishment by a military court, or a death sentence.

Regarding the president's pardoning powers:

 Pardon forgives both the conviction and the punishment completely.

 Commutation changes the type of punishment given to a convict.
 Remission shortens the prison term.
 Respite gives a lesser punishment based on the convict's special
condition.
 Reprieve delays the execution of the given sentence for a short time.

Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament
are negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy
3. Chief of the Air Force
Emergency Powers of President
He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)

2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)

What is the Veto Power of the President?

When a bill is introduced in the Parliament, Parliament can pass the bill and
before the bill becomes an act, it has to be presented to the Indian President for
his approval. It is on the President of India to either reject the bill, return the bill
or choose not to approve it. The choice of the President over the bill is called his
veto power.

Ordinance Making Power of President

 Article 123 of the Indian Constitution grants the President of India
considerable law-making powers, including the authority to
promulgate ordinances while neither of the two Houses of
Parliament is in session, making it impossible for a single House to
adopt and implement legislation.
 Ordinances were incorporated into the Indian Constitution by
the Government of India Act, 1935
 An ordinance enacted when both chambers are in session is null and
invalid.
 Approval: The ordinance must be approved by the Parliament
within six weeks after its reassembly.
 Withdrawal: An ordinance may also be withdrawn by the
President at any time.
 Not a Discretionary power: However, his ordinance-making
authority is not discretionary, and he can promulgate (lagu krvu)or
withdraw an ordinance only on the suggestion of the prime minister-
led council of ministers.
 An ordinance, like any other piece of legislation, can be retroactive,
meaning it can take effect from a previous date.
 It has the authority to amend or revoke any act of Parliament or
other decree. It can also change or amend a tax legislation. It
cannot, however, be used to modify the Constitution.

2. Vice President
Who is a Vice President, and what is his/her constitutional
position in India?
 The Vice President is second in rank after the President in official order.
 The Vice President's main role is to act as the President if the President cannot
perform his or her duties, such as due to death, resignation, or impeachment.
 The Vice President also serves as the Chairman of the Rajya Sabha

How the Vice President is elected in India?

There is no direct election for the Vice-President of India however, he/she
is indirectly elected by an Electoral College. The election process is quite
similar to that of the President of India but the electoral college that elects
President is different from the electoral college responsible for the
election of Vice-President of India.

The difference between the electoral college that elects President and the
one electing Vice-President of India is given below:

1. In electoral college for Vice President, both elected and nominated members
of both the Houses of Parliament take part.(Article 66) In presidential
elections, nominated members are not a part of the electoral college.
2. For Vice President’s elections, states have no role to play unlike in President’s
elections where state legislative assemblies’ elected members are a part of
the electoral college.

 Eligibility:
o Should be a citizen of India.
o Should have completed 35 years of age.
o Should be qualified for election as a member of the Rajya Sabha.
o Should not hold any office of profit under the Union government or any
state government or any local authority or any other public authority.

What is the term of office of Vice President?

From the date, he enters his office, Vice President holds the position for
five years. However, he can resign before five years by handing over his
resignation to the President. The other ways where a vacancy is created in
the office of Vice President are given below:

 When he completes his term of five years

 When he resigns
 When he is removed
 On his death
  When his election is declared void

Powers and Functions of Vice President

The functions of Vice-President are two-fold:

1. He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his

powers and functions are similar to those of the Speaker of Lok Sabha.

(Article 64)

2. He acts as President when a vacancy occurs in the office of the President due
to his resignation, removal, death or otherwise. He can act as President only
for a maximum period of six months, within which a new President has to be
elected. (Article 65)
3. The election of as Vice-President cannot be challenged on the ground that the
electoral college was incomplete
4. If the election of a person as Vice-President is declared void by the Supreme
Court, acts done by him before the date of such declaration of the Supreme
Court are not invalidated (i.e., they continue to remain in force).

Removal of Vice President

There is no formal impeachment for Vice President. Rajya Sabha simply
can pass a resolution with a majority and Lok Sabha can pass it. Also,
unlike President of India who can be impeached on the ground of ‘Violation
of Constitution,’ there is no ground mentioned in the constitution for the
removal of Vice President of India.

3. Council Of Ministers

Article 73 of Indian Constitution

Extent of executive power of the Union.—

(1)The executive power of the Union shall extend—
(a) to the matters with respect to which Parliament has power to make laws; and
(b) Rights, authority, and jurisdiction from treaties or agreements held by the
Government of India.

(2) Until Parliament decides otherwise:

States and their officers can keep using executive power for matters that
Parliament can make laws about, just like they did before the commencement of
this Constitution.

Article 74 of Indian Constitution

Council of Ministers to aid and advise President.—
(1) There shall be a Council of Ministers with the Prime Minister at the head to
aid and advise the President who shall, act in accordance with such advice.
(2) Courts cannot investigate or question whether the President received advice
from Ministers or what that advice was.

Article 75 of Indian Constitution

(1) The Prime Minister shall be appointed by the President and the other
Ministers shall be appointed by the President on the advice of the Prime Minister.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House of the
People.
(4) Before a Minister starts their job, the President will give them specific oaths
from the Third Schedule
(5) If a Minister is not a member of either House of Parliament for six months
continuously, they cease to be a minister.
(6) The salaries and allowances of Ministers will be decided by Parliament
through laws. Until then, they will follow what's listed in the Second Schedule..

Article 76 of Indian Constitution

Attorney-General for India.—
(1) The President shall appoint a person who is qualified to be
appointed as a Judge of the Supreme Court to be Attorney-General for
India.
(2) It shall be the duty of the Attorney-General to give advice to the
Government of India upon such legal matters, and perform other legal
tasks assigned by President . Also, the Attorney-General must carry out
the responsibilities given by the Constitution or other laws in effect.
(3) In the performance of his duties the Attorney-General shall have right
of audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the
President

Article 77 of Indian Constitution

Conduct of business of the Government of India.—
(1) All executive action of the Government of India should be
done in the name of the President.
(2) Documents and orders created in the President's name must
be verified in a way described in rules set by the President. Once
authenticated, their validity cannot be challenged by saying they
weren't actually made or executed by the President.
(3) The President shall make rules for the more convenient
transaction of the business of the Government of India, and for
the allocation among Ministers of the said business.

Article 78 of Indian Constitution

The Prime Minister's responsibilities regarding providing information to

the President., etc.—
It shall be the duty of the Prime Minister—
(a)to communicate to the President all decisions of the Council of Ministers
relating to the administration and legislation.
(b) To provide the President with information about how the Union's affairs are
managed when the President asks for it.
(c) If the President asks, the Prime Minister must present topic decided by a
Minister that hasn't yet been discussed by the Council of Ministers for their
consideration.

4. Attorney General of India

The Attorney General (AG) of India is a part of the Union

Executive. AG is the highest law officer in the country.
  Appointment and Eligibility:

o AG is appointed by the President on the advice of

the government.
o S/he must be a person who is qualified to be appointed
a judge of the Supreme Court, i.e. s/he must be a
citizen of India and must have been a judge of some high
court for five years or an advocate of some high court for
ten years or an eminent jurist, in the opinion of the
President.

 Term of the Office: Not fixed by the Constitution.

 Removal: Procedures and grounds for the removal of AG are not
stated in the Constitution. S/he holds office during the pleasure
of the President (may be removed by the President at any time).

 Duties and Functions:

o To give advice to the Government of India (GoI) upon such

legal matters, which are referred to her/him by the
President.
o To perform such other duties of a legal character that are
assigned to her/him by the President.

 To appear on behalf of the GoI in all cases in

the Supreme Court or in any case in any High
Court in which the GoI is concerned.
 To represent the GoI in any reference made by
the President to the Supreme Court
under Article 143 (Power of the President to
consult the Supreme Court) of the Constitution.
o To discharge the functions conferred on her/him by the
Constitution or any other law.

5.Prime Minister

Qualifications
To become an Indian prime minister one has to be

 A citizen of India.
  A member of either Rajya Sabha or Lok Sabha
 He should have completed his 30 years if he is a member of the Rajya Sabha
or can be 25 years of age if he is a member of the Lok Sabha.

Power and Function of Prime Minister

 The leader of Country: The Prime Minister of India is the Head of the
Government of India.
 Portfolio allocation: The Prime Minister has the authority to assign portfolios
to the Ministers.
 Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet
and presides the meetings of the Cabinet. He can impose his decision if there is
a crucial opinion difference among the members.
 Official Representative of the country: Prime minister represents the
country for high-level international meetings
 The link between the President and the Cabinet: The Prime Minister acts
as the link between President and cabinet. He communicates all decisions of the
Cabinet to the President which is related to the administration of the affairs of
the Union and proposals for legislation.
 Head: The Prime Minister is the head of Nuclear Command Authority, NITI
Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy,
Department of Space and Ministry of Personnel, Public Grievances and Pensions.
 Chief Advisor: He acts as the chief advisor to the President

 The term of office of the PM is not fixed.

 The Prime Minister holds office during the pleasure of the
President.
Terms of
 President can’t dismiss the PM, he can hold the position till he
Office
enjoys the majority in the Lok Sabha,
 He must resign if he loses the confidence in Lok Sabha.

Election
 According to Article 75, the Prime Minister is appointed by the
President. However, this does not mean the President can choose any
person as Prime Minister.
 In line with the conventions of a parliamentary government system, the
President typically appoints the leader of the majority party in the Lok
Sabha as Prime Minister.