Political Science

 Resource Person Gurinder Pal Singh,

PG Deptt. of Pol. Science, PGGCG-
42, Chandigarh.
 Date 16-10-2012
 Topic Union Executive
• ( The President)
 Class B.A. 2nd Year.

1
 Union Executive

Parliamentary form

Nominal executive Real Executive

President Prime Minister

Head of the state. Head of the Govt

Council of ministers

2
 President of India
 Art 52 states that there shall be a
President of India.
 Art 53 the Executive power of the
Union shall be vested in the
President and shall be exercised by
him either directly or through
officers( ministers) subordinate to
him in accordance with this
constitution.
3
 President
Nominal Head
 All the executive and other powers
are vested in the president But they
are exercised by the council of
Ministers headed by Prime Minister.
 President is bound to act on the
advice of the PM and his council of
Ministers.

4
 Election of President Art 54
 Indirectly elected by an electoral
college.
 Electoral college consists of
Elected members of Lok sabha
Elected members of Rajya Sabha
Elected members of legislative
assemblies
of all states & UTs
 System of Proportional
Representation by means of5 Single
 Qualification for the office of
President
 A citizen of India
 Not less than 35 years of age.
 Should be qualified for election as
member of the Lok sabha.
 Should not hold any office of Profit.

6
 Tenure of President
 Elected for Five years.
 Eligible for re-election
 May resign before the expiry of his
term.
 Send his resignation to Vice-
president.,
 Who is required to communicate it to
the speaker of Lok Sabha.
7
 Oath of office
 Chief Justice administers the
oath of office to the president.
 I --- solemnly affirm/ swear in the
name of God that I will faithfully
execute the office of president of
India and will preserve protect
and defend the constitution of
India.

8
 Impeachment
stage 1
 It can be initiated by not less than
1/4th of the total membership of any
of the house.
 The members gives 14 days notice
to president informing him/her of
the intention of impeachment.
 After 14 days a resolution is passed
by 2/3rd members.

9
 Impeachment
stage 2
 The president may defend himself
either personally or through counsel.
 If in the other house the charges are
proved the president shall stand
impeached.
 Such a resolution must be adopted
by not less than 2/3rd majority of
total membership
of the other house.
10
 Powers of President
 Legislative powers
 Executive powers
 Appointment making powers
 Military powers
 Diplomatic powers
 Emergency powers

11
 Powers of President
 Executive Powers:-
 President is head of the Union
executive.
 All the executive powers are vested
in the president.
 But the president exercises all the
powers on the advice of PM and his
council of Ministers.

12
 Legislative Powers
 Summons, Prorogues and dissolve
the house.
 Address the first session after each
general election. And the
commencement of each year.
 Nominate 12 members to R/S and 2
to L/S

13
 Legislative Powers
No bill can become law without his/her
assent.
He may return a bill to the parliament for
reconsideration of certain provisions.
He has the right to seek advice from
Supreme court.
He may suggest some changes.
But if the bill is again passed and sent to
the president , he/she is bound to give
his assent.

14
 Ordinance making Power

 Art 123 if the president feels that

a law is urgently required but the
parliament is not in session, he
can promulgate an ordinance.
 Ordinance remains in force till not
more than six weeks from the
commencement of the next
session.
 If it is ratified by the parliament it
becomes a law .otherwise 15 it
 Executive Powers
 All the executive powers of the union
are vested in the president.
 But he exercises them on the written
advice of the Cabinet.
 All the executive and administrative
decisions are taken in his name.

16
 Appointment making Powers
 The Prime Minster is appointed by the
president.
 Appoints all other ministers on the advice
of Prime minister.
• The attorney General.
• The comptroller and auditor general
• The election commissioner/commissioner.
• The Chairman UPSC.
• The governors of states
• The chairman finance commission
• The Chief justice and judges of SC, and high
court
• Ambassadors, High commissioners 17
 Military Powers
 Supreme commander of the armed
forces.
 Appoints Chief of Staffs
 Declare war and make peace.
 Head of the national defense
committee.

18
 Diplomatic Powers
 The foreign policy is conducted in
his name.
 All international treaties and
agreements are signed in his
name.
 Appoints Ambassadors and High
commissioners.
 Foreign ambassadors/ High
Comissioners are accredited and
received by the President 19
 Judicial Powers
 Right to grant Pardon, Reprieve,
Respite, Remission, Suspension,
Commutation of a sentence by any
court of law.
 He can grant pardon in case a
convict is awarded the death
sentence by a federal court or court
martial.

20
 Emergency Powers

 Art 352-360 in Part 18 of the const.

contain the emergency powers of
president to meet extraordinary or
abnormal situation.
 National Emergency Art 352
 Constitutional breakdown Art 356
 Financial Emergency Art 360

21
 Emergency under Art 352
 If the security of India or any part
thereof is threatened by war,
external aggression, or
internal armed rebellion or
disturbances,
the president can issue a
proclamation of emergency, on
the basis of written advice
tendered by the cabinet.
The highlighted words added by
44th amendment 1978 22
 Validity of Emergency
 The proclamation of emergency
shall be submitted to the
parliament for its approval.
 It must be approved within one
month by a special majority in
both houses.
 Otherwise it shall cease to operate.
 Duration will ordinary be six
months .
 Parliament can revoke it by a
23 th
resolution passed by 1/10
 Effects of Emergency
 Federal provisions are suspended ( State
list)
 Directions are given to states in matter
of State list.
 Parliament acquires power to legislate
even on the subjects contained in State
list.
 Country virtually becomes a unitary
state.
 The tenure of Lok Sabha can be
extended upto six months if it otherwise
expires. 24
 Imposition of Emergency
 26th oct 1962, Chinese aggression
Revoked on 10th Jan 1968
PM J. L. Nehru Pres:- Radhakrishan

3rd Dec 1971 Bangladesh war

Revoked on 21st March ,
P.M Indira Gandhi Pres :- V.V.Giri

25th june 1975 Internal Disturbance

Revoked on 21st March 1977
P.M. Indira Gandhi Pres:- Fakhruddin
Ali Ahmad 25
 Emergency under Art 356
 Failure of Constitutional machinery
in a state (Presidents rule)
 If on a receipt of a report from the
governor , the president is
satisfied that a situation has arisen
in which the govt. of a state
cannot be carried on in accordance
with the constitution, he may
proclaim Constitutional emergency
in the state.
26
Effects of Emergency Under Art
356
 It is to be placed before parliament
approved by both the houses within a
period of two months.
 It will ordinarily last for six months.
 Can be extended by another six
months.
 Only if election commission reports
that the elections cannot be
conducted
 Can never be allowed for more than
three years. 27
Consequences of Emergency under Art
356
 The state council of ministers is
dismissed.
 The state Legislative assembly is
dissolved or kept under suspended
animation.
 The President may assume all or any
functions of the state.( vest in
parliament).
 The president governs the state instead
of an elected Chief Minister, but
administratively the state governor is
delegated executive authority on 28 behalf
 Imposition of President’s
Rule 20-06-1951-17-
 First time :Punjab

04-1952
 Longest duration Punjab
11th May 1987 to 25th Feb 1992
 In J & K 19th Jan 1990- 9th Oct
1996.
 Punjab 9,

 Kerela 9,

Indhira Gandhi 33 times

Jan 24, 1966- March 24,1977
Second tenure 17 times
29
Jan 14, 1980-oct 31, 1984
 Imposition of Governors
Rule/President’s Rule In J&K
 March 26, 1977- July 9, 1977.
 March 6, 1984- November 7.
1986
 Jan19,1990- October 09, 1996
 Oct 18, 2002- November 02, 2002.
 July 11.2008- January 05, 2009

30
 Emergency Provisions and
centre State Relations
The power of the union to issue
directions to the state government
Art 256, Under this Art Union Govt.
is empowered to issue directions to
the state govts.
Non-Compliance of Central
Directives is tantamount to the
failure of Constitutional machinery
and may invite imposition of
Presidents rule under Art 365 31 .
 Financial Emergency Art 360
 If the president is satisfied that a
situation has arisen whereby the
financial stability or credit of India is
threatened , he may proclaim a
financial emergency under Art 360.
 It shall be laid before the parliament
and approved by both the houses
within a period of two months.

32
 Centre State relation
Improving commissions
 Sarkaria Commission ( headed
by Justice Ranjit singh Sarkaria) in
1983.
 The commission submitted its
report in 1988
 It pointed out that Art 356 can be
used only in the event of political
crisis, internal subversion, physical
breakdown or non compliance 33 to
 Effects of Financial
emergency
 Authority of Union shall extend to giving
directions to any state to observe such
cannons of financial propriety as my be
specified in the directions.
 It may also include a provision requiring
all money bills to be reserved for the
consideration of the president.
 The salaries and allowances of all or any
class of persons serving in the state
including the judges of the Supreme
Court and High Court.
34
 Land Mark S/C Judgment
against arbitrary imposition of Art 356

 S.R. Bommai v/s union of India

 The 9 member constitution bench
held that Presidents power under
Art 356 to dismiss a state Govt, and
imposition of President’s rule is
subject to Judicial review.
 The power is a constitutional power
and not an absolute power.
35