CHAPTER I

INTRODUCTION
The President and vice president of India or Rashtrapati is the head of state
and first citizen of India, as well as the Supreme Commander of the Indian Armed
Forces. Despite Article 53 of the Constitution stating the President and vice president
can exercise their powers directly, with few exceptions, all of the authority vested in
the President and vice president is in practice exercised by the Council of Ministers,
headed by the Prime Minister. The President and vice president is elected by the
elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as
of the state legislatures (Vidhan Sabha's). and serves for a term of five years.
Incumbents are permitted to stand for re-election. A formula is used to allocate votes
so there is a balance between the population of each state and the number of votes
assembly members from a state can cast, and to give an equal balance between State
Assembly members and National Parliament members. If no candidate receives a
majority of vott.s there is a system by which losing candidates are eliminated from the
contest and votes for than transferred to other candidates, until one gains a majority.
The Vice-President and vice president are elected by a direct vote of all members
(elected and nominated) of the Lok Sabha and Rajya Sabha. The president and vice
president of India resides in an estate in New Delhi known as the Rashtrapati Bhavan
(which roughly translates as President and vice president's Abode). The president and
vice presidential retreat is The Retreat in Chharabra, Shimla and Rashtrapati Nilayam
(President and vice president's Place) in Hyderabad. The 12th President and vice
president of India is Her Excellency Pratiblia Devisingh Patil, the first woman to
semi-; in the office, who was sworn in on 25 July 2007.
History India became tbrmally independent from the United Kingdom on 15
August 1947 and the country became a Commonwealth dominion. This was a
tempoiary measure, however, as the continued existence of a shared monarch in the
Indian political system was not considered by some appropriate for a truly sovereign
nation. The first Governor General of India, Lord Mountbatten, was also the last
British Viceroy of India before independence. He soon handed power over to C.
Rajagopalachari, who became the only ethnically Indian governor general. In the
meantime, the Constituent Assembly led by Dr. Rajendra Prasad . The drafting
was finished on 26 November 1949. and the Constitution was formally adopted

on 26 January !950a date of symbolic importance as it was on 26 January 1930, that

Indian National Congress celebrated complete independence in the Lahore Session.
When the r. constitution took effect, the Governor General and King were replaced by
an elected president and vice president. with Rajendra Prasad serving as the first
President and vice president of India.
The move ended India's status as a Commonwealth dominion, but the republic
remainal in the Commonwealth of Nations. Nehru argued that a nation should be
allowed to stay in the Commonwealth simply by observing the British monarch as
"Head of the Commonwealth" r but not necessarily head of state. This was a groundbreaking decision that would set a precedent in the second half of the twentieth
century for many other former British colonies to remain in the Commonwealth after
becoming newly independent republics. Constitutional role Constitutional role of the
Indian Constitution states "There shall he a President and vice president of India".
Article vests in the President and vice president the execuive powers of the Union
which are exercised either directly or through suboldinate office in accordance with
the Constitution. Although the Constitution explicitly says that the president and vice
president is the executive head of the state, real executive power is exercised by the
Council of Ministers, headed by the Prime Minister. This is inferred from Article 74
of the les Indian Constitution, providing for a "... council of ministers to aid and
advise the President and vice president who shall, in exercise of his functions, act in
accordance with such advice". However, the Article 74(2) bars all courts completely
from assuming even an existence of such an advice. Therefore from the courts' point
of view, the real executive power lies with the President and vice president. As far as
President and vice presidees decision and action arc concerned no one can challenge
such decision or action on the groud that it is not in accordance with the advice
tendered by the Ministers or that it is based onao advice[8]. The president and vice
president of India shall, before entering upon his offie, N make and subscribe in the
presence of the Chief Justice of India or, in his absence, the stair-most Judge of the
Supreme Court available, an oath or affirmation that he/she shall prottl., preserve and
defend the Constitution (Article 60). Salary & Amenities The Rashtrapti Bhavan is the
officia residence of the President and vice president of India. Air India Qc also known
as "Rajdoot", is the official aircraft of the President and vice president of Ink The
President and vice president of India used to receive Rs 10,000 (USS 200) per month

s per the Constitution. This amount was increased to Rs 50,000 (USS 1,100) in 1998.
(i3 September I 1, 2008 the Government of India increased the salary of the President
and via president to Rs 1.5 lakh (USS 3.300). However. almost everything that the
President Mid vice president does or wants to do is taken care (Why the annual Rs
225 million (USS 4.9 million) budget that the Government allots for his or her upkeep
The President and vice presidential House. or Rashtrapati Bhavan. is located
in Prakash Vir Shastri Avenue, where its main entrance, Gate 35, is located. The home
is in the urban district of New Delhi and was recently renamed from North Avenue in
honour of the Member of Parliament who was killed during his tenure here as a
representative of the state of Uttar Pradesh. Executive powers The Constitution vests
in the President and vice president of India all the executive powers of the Central
Government. The President and vice president appoints the Prime Minister the person
most likely to command the support of the majority in the Lok Sabha (usually the
leader of the majority party or coalition). The President and vice president then
appoints the other members of the Council of Ministers, distributing portfolios to
them on the advice of the Prime Minister. The Council of Ministers remains in power
during the 'pleasure' of the President and vice president. In practice, however, the
Council of Ministers must retain the support of the Lok Sabha. If a President and vice
president were to dismiss the Council of Ministers on his or her own initiative, it
might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot
he dismissed as long as it commands the support of a majority in the Lok Sabha. The
President and vice president is responsible for making a wide variety of appointments.
These include: Governors of States The Chief Justice, other judges of the Supreme
Court and High Courts of India. The Attorney General the Controller and Auditor
General The Chief Election Commissioner and other Election Commissioners The
Chairman and other Members of the Union Public Service Commission Ambassadors
and High Commissioners to other countries.
The President and vice president also receive the credentials of Ambassadors
and High Commissioners from other countries. The President and vice president is the
de jure Commander in Chief of the Indian Armed Forces. The President and vice
president of India can grant a pardon to or reduce the sentence of a convicted person
for one time, particularly in cases involving punishment of death. The decisions
involving pardoning and other rights by the president and vice president are

independent of the opinion of the Prime Minister or the Lok Sabha majority. In most
other cases, however, the President and vice president exercises his or her executive
powers on the advice of the Prime Minister. Financial powers Money hills can be
introduced in the Parliament only on the prior recommendation of the President and
vice president. He/she also causes to be laid before the Parliament the annual financial
statement which is the Union Budget. Further no demand for grant shall be made
except on his recommendation. She/he can also make advances out of the
Contingency Fund of India to meet any unforeseen expenditure. More over. he\she
constitutes the Finance Commission every 5 years to recommend the distribution of
taxes between the States and the Centre. Judicial powers the president and vice
president appoints the Chief Justice of the r-Union Judiciary and other judges on the
advice of the Chief Justice. In practice, these judges arc actually selected by the Union
cabinet. The President and vice president dismisses the judges if and only if the two
Houses of the Parliament pass resolutions to that effect by ma-r thirds majority of the
members present. If they consider a question of law or a matter of public importance
has arisen they forums and affairs where such a fUnction is chiefly ceremonial. he
President mid vice pitsident may also send and receive diplomats like Ambassadors
and High Commissioners. military powers The President and vice pretadent is the
supreme commander of the defense forces of India. in this capacity the president and
vice president can appoint Army, Navy & Air Chiefs. The President and vice president
can declare war or conclude peace, subject to the approval of parliament only under
the decision of the Council of Ministers Emergency powers The President and vice
president can declare three types of emergencies: national, state and financial.
National emergency National -emergency is caused by war, external aggression or
armed rebellion in the whole of India or a part of its territory. Such an emergency was
declared in India in 1962 (Indo-China war). 1971 (Indo-Pakistan war), 1973 to 1977
(declared by Indira Gandhi on account of "internal disturbance"). Under Article 352
of the India Constitution the President and vice president can declare such an
emergency only on the basis of a written request by the Council of Ministers headed
by the Prime Minister. Such a proclamation must be approved by the Parliament
within one month. Such an emergency can be imposer! for six months. It can he
extended by six months by repeated parliamentary approval, up to a maximum of 3
Years. In such an emergency, Fundamental Rights of Indian citizens can be
suspended. The six freedoms under Right to Freedom are automatically suspended.

However, the Right to Life and Personal Liberty cannot be suspended. The Parliament
can make laws on the 66 subjects of the State List (which contains subjects on which
the state governments can make laws). Also, all money bills are referred to the
Parliament for its approval. The term of the Lok Sabha can be extended by a period of
up to one year. but not so as to extend the term of Parliament beyond six months after
the end of the declared emergency. State emergency State emergency, also known as
President and vice president's rule, is declared due to breakdown of constitutional
machinery in a state. If the President and vice president is satisfied, on the basis of the
report of the Governor of the concerned state or from other sources that the
governance in a state cannot be carried out according to the provisions in the
Constitution, heishe can declare a state of emergency in the state. Such an emergency
must be approved by the Parliament within a period of six months.
Under Article 356 of the Indian Constitution, it can he imposed from six
months to a maximum period of three years with repeated parliamentary approval
every six months. If the emergency needs to be extended for more than three years,
this can be achieved by a constitutional amendment. as has happened in Punjab and
Jammu and Kashmir. During such an emergency, the President and vice president can
take over the entire work of the executive, and the Governor administers the state in
the name of the President and vice president. The Legislative Assembly can be
dissolved or may remain in suspended animation. The Parliament makes laws on the
66 subjects of the state list (see National emergency for explanation). All money bills
have to be referred to the Parliament for approval. On 19 January 2009, President and
vice president's rule was imposed on the Indian State of Jharkhand making it the latest
state where this kind of emergency has been imposed. A State Emergency can be
imposed via the following: 1. By Article 356:-If that state failed to run constitutionally
i.e. constitutional machinery has failed 2. By Article 365:-If that state is not working
according to the given direction of the Union Government. This type of emergency
needs the approval of the parliament within 2 months. This type of emergency can last
up to a maximum of 3 years via extensions after each 6 month period. However, after
one year it can be extended only if I. A state of National Emergency has been declared
in the country CT in the particular state. 2. The Election Commission finds it difficult
to organize an election in that state. Financial emergency If the President and vice
president is satisfied that there is an economic situation in which the financial stability

or credit of India is threatened, heishe can proclaim financial emergency as per the
Constitutional Article 360. Such an emergency most be approved by the Parliament
within two months. It has never been declared. On a prevhtzs occasion, the financial
stability or credit of India has indeed been threatened, but a linanthal emergency was
avoided through the selling off of India's gold reserves. A state of financial emergency
remains in force indefinitely until revoked by the President and vice president In case
of a financial emergency, the President and vice president can reduce the salanes old I
government officials, including judges of the Supreme Court and High Courts. All
moray bills are passed by the State legislatures are submitted to the President and vice
president ',or his approval. They can direct the state to observe certain principles
(economy measure) relating to financial matters.
Important president and vice presidential interventions The President and vice
president's ale as defender of the Constitution, and their powers as Head of State.
especially in relation k, those exercised by the Prime Minister as leader of the
government, have changed over tint In particular, President and vice presidents have
made a number of interventions ino government and lawmaking, which have
established and challenged some conventiots concerning President and vice
presidential intervention. Some of the more noteworthy at documented here. In 1979,
the then Prime Minister, Charan Singh. did not enjoy , Parliamentary majority. He
responded to this by simply not advising the President and vice president to summon
Parliament. Since then. President and vice presidents have been inure diligent in
directing incoming Prime Minis:ers to convene Parliament and prove their majority
within reasonable deadlines (2-3 weeks). In the interim pencil, the Prime Ministers are
generally restrained from making policy decisions. The constitution gives the
President and vice president the power to return a bill unsigned but it circumscribes
the power to send it back only once for reconsideration. If the Parliament --sends back
the bill with or without changes. the President and vice president is duty bound to sign
it. Since the nineties, Parliamentary elections have generally not resultedrin a single
party or group of parties having a distinct majority. In such cases, President and vice
presidents have used their discretion and directed Prime Ministerial aspirants to
establish their credentials before being invited to form the government. Typically, the
aspirants have been asked to produce letters from various party leaders, with the
signatures of all the MN who are pledging support to their candidature. This is in

addition to the requirement that a Prime Minister prove he has the support of the Lok
Sabha (by a vote on the floor of the House) within weeks of being sworn in to office.
In the late nineties, President and vice president Narayanan introduced the important
practice of explaining to the nation (by means of Rashtrapati l3havan communiqus)
the thinking that led to the various decisions he took while exercising his
discretionary powers; this has led to openness and transparency in the functioning of
the President and vice president. In mid-2006, President and vice president A. P. J.
Abdul Kalam sent back a controversial bill regarding enlarging the scope of the
offices of profit. which disqualify a person from being a member of parliament. The
opposition combine, the NDA. hailed the move. The UPA chose to send the bill back
to the president and vice president without any changes, and after 30 days Kalam gave
the assent. Removal of the President and vice president The President and vice
president may be removed before the expiry of his/her term through impeachment.
A President and vice president can be removed for violation of the
Constitution. The process may start in either of the two houses of the Parliament. The
house initiates the process by levelling the charges against the President and vice
president. The charges are contained in a notice which has to be signed by at least one
quarter of the total members of that house. The notice is sent up to the President and
vice president and 14 days later, it is taken up for consideration. A resolution to
impeach the President and vice president has to be passed by a two-third majority of
the total members of the originating house. It is then sent to the other house. The other
house investigates the charges that have been made. During this process. The