DSM 252: Indian Political System

The President of India is the Head of State and is considered the first citizen of India. The office is a position of great dignity but possesses nominal powers as India follows a Parliamentary system.

Election Procedure

The President is not elected directly by the people but through an Electoral College consisting of:

• Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
• Elected members of the Legislative Assemblies of the States.
• Elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry.

The election is held in accordance with the system of proportional representation by means of the single transferable vote by secret ballot.

Impeachment Procedure

The President can be removed from office before the expiry of their term through a process called impeachment for "violation of the Constitution":

1. The charge can be initiated by either House of Parliament.
2. The resolution must be signed by at least one-fourth of the total members of the House.
3. A 14-day notice must be given to the President.
4. It must be passed by a majority of not less than two-thirds of the total membership of that House.
5. The other House then investigates the charges. If it also passes the resolution by a two-thirds majority, the President stands removed.

Under the Constitution, the President is vested with a wide array of powers, which are exercised on the aid and advice of the Council of Ministers.

Categories of Powers

• Executive Powers: All executive actions of the Government of India are taken in the President's name. The President appoints the Prime Minister, other ministers, Governors, and the Attorney General.
• Legislative Powers: Summons and prorogues Parliament. No bill passed by Parliament becomes an Act without the President's Assent. Can issue Ordinances when Parliament is not in session.
• Judicial Powers: Appoints judges of the Supreme Court and High Courts. Possesses the Power of Pardon (to grant reprieves, remissions, or commutations of punishment).
• Military Powers: Supreme Commander of the Defense Forces of India.
• Emergency Powers: Can declare National Emergency (Art. 352), President's Rule (Art. 356), and Financial Emergency (Art. 360).

"The President is the head of the Indian Union but not the real executive. He represents the nation but does not rule the nation." — Dr. B.R. Ambedkar

The Prime Minister is the Real Executive Head (De Facto executive) and the Head of Government in India.

Appointment

The Prime Minister is appointed by the President. By convention, the President must appoint the leader of the majority party in the Lok Sabha. In a "hung parliament," the President uses discretionary power to appoint the leader most likely to command the confidence of the House.

Role and Functions

• Leader of the Cabinet: Selects ministers, distributes portfolios, and presides over Cabinet meetings.
• Keystone of the Cabinet Arch: If the PM resigns or dies, the entire Council of Ministers automatically dissolves.
• Link between President and Cabinet: Communicates all decisions of the Council of Ministers to the President.
• Leader of the House: Acts as the chief spokesperson for the government in the Lok Sabha.
• Foreign Affairs: Plays a decisive role in shaping India's foreign policy.

The Council of Ministers is the body that "aids and advises" the President in the exercise of their functions.

Composition

The Council of Ministers consists of three categories of ministers:

1. Cabinet Ministers: Senior leaders who head major ministries like Home, Defense, and Finance.
2. Ministers of State: May head independent departments or assist Cabinet Ministers.
3. Deputy Ministers: Assist Cabinet Ministers or Ministers of State in administrative and parliamentary duties.

Key Functions

• Collective Responsibility: The Council is collectively responsible to the Lok Sabha. This means they sink or swim together.
• Policy Formulation: The Council decides the domestic and foreign policies of the country.
• Legislative Role: Prepares and pilots government bills in Parliament.
• Control over Purse: Prepares and presents the annual budget.