Unit 3: Executive in India: I (The President)
Table of Contents
1. Introduction: The Union Executive
The Union Executive (Part V of the Constitution) consists of the President, Vice-President, Prime Minister, and the Council of Ministers.
India has a parliamentary system. This means it has two "heads":
- The President: The Head of State. He is the *de jure* (nominal or titular) executive. He represents the nation, but does not "rule."
- The Prime Minister: The Head of Government. He is the *de facto* (real) executive, who holds the real power.
2. The President: Election
The President of India is *not* elected directly by the people. He is elected *indirectly* by an Electoral College.
This Electoral College consists of:
- Elected members of the Lok Sabha (House of the People).
- Elected members of the Rajya Sabha (Council of States).
- Elected members of the Legislative Assemblies (Vidhan Sabhas) of all the States.
Who is NOT included?
- *Nominated* members of Lok Sabha and Rajya Sabha.
- *All* members (elected and nominated) of the State Legislative Councils (Vidhan Parishads).
The election is held using the system of Proportional Representation by means of the Single Transferable Vote (STV). This system ensures that the winning candidate has the support of a broad section of the country's representatives.
3. Impeachment Procedure (Article 61)
The President can only be removed from office for "Violation of the Constitution" through a process called Impeachment.
The steps are as follows:
- The charge can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
- The charges must be signed by at least one-fourth (1/4th) of the members of that House.
- A 14-day notice is given to the President.
- The resolution is then moved and must be passed by a special majority of two-thirds (2/3rd) of the *total* strength of that House.
- The charge is then sent to the *other* House, which acts as an investigating body. The President has the right to appear and be represented at this investigation.
- If the second House also passes the resolution by a special majority of 2/3rd of the *total* strength, the President stands impeached from that moment.
Note: This is a "quasi-judicial" (partly legal) and very difficult process. No Indian President has ever been impeached.
4. Powers and Functions
The President's powers are extensive but, in practice, he exercises them only on the "aid and advice" of the Prime Minister and the Council of Ministers.
Key Powers:
- Executive Powers:
- All executive actions of the government are taken in his name.
- He appoints the Prime Minister, Council of Ministers, Governors, Supreme Court and High Court Judges, Attorney General, and CEC.
- He is the Supreme Commander of the armed forces.
- Legislative Powers:
- He summons and prorogues (ends a session of) Parliament and can dissolve the Lok Sabha.
- A bill passed by Parliament becomes a law *only* after the President gives his assent.
- He can use his Veto Power (Absolute, Suspensive, and Pocket Veto).
- He nominates 12 members to the Rajya Sabha.
- Financial Powers:
- No "Money Bill" can be introduced in Parliament without his prior recommendation.
- He controls the Contingency Fund of India.
- Judicial Powers (Pardoning Power - Art 72):
- He has the power to grant a pardon, reprieve, respite, remission, or commutation of a sentence, including the death sentence.
5. Emergency Powers
The Constitution provides for three types of emergencies that the President can declare:
| Type of Emergency | Article | Grounds for Declaration | Impact |
|---|---|---|---|
| National Emergency | Art. 352 | War, external aggression, or "armed rebellion" (This term replaced "internal disturbance" by the 44th Amd). | - Federal structure becomes unitary. - Fundamental Rights (except Art 20 & 21) can be suspended. |
| State Emergency (President's Rule) | Art. 356 | Failure of constitutional machinery in a state. (Based on a report from the Governor). | - State government is dismissed. - State assembly is suspended or dissolved. - The Centre (President) takes over the state's administration. |
| Financial Emergency | Art. 360 | A threat to the financial stability or credit of India. | - Centre gains control over state finances. - Salaries of government officials (including judges) can be reduced. |
Note: Article 356 (President's Rule) is highly controversial and has often been used for political purposes. The Financial Emergency (Art 360) has *never* been used in India.
6. Exam Corner: Key Articles & Processes
Common Exam Questions:
- "Explain the process of the election of the President of India."
- "What are the grounds and procedures for the impeachment of the President?"
- "Discuss the 'Emergency Powers' of the President."
- "Write a note on the powers and functions of the President."
How to Answer:
- When discussing election, you MUST specify who is in the Electoral College and who is *not*.
- When discussing impeachment, the key phrase is "2/3rd of the *total* strength" (not just "present and voting").
- For Emergency Powers, you MUST mention all three types and their Articles (352, 356, 360).
- Always remember to state that the President is a nominal head and exercises all powers on the aid and advice of the PM and Council of Ministers.