Union Executive

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Name - __________________ Topic – Union Executive

The President of India

The President of the executive head of the Union of India. He/She is the Head
of the State but according to our Constitution, he/she is bound to follow the
advice given by the Prime Minister and the Council of Ministers. The
Constitution makes it necessary on the part of the President to exercise
his/her functions in accordance with the advice of the Council of Ministers.

A person shall be eligible for election as a President, if he/she

1. is a citizen of India.
2. has completed a an age of 35 years.
3. should be qualified for elections as member of the Lok Sabha.
4. should not hold any office of profit under the Government of India or
Government of any State or any other public authority.
Composition of the Electoral College

The President is elected indirectly by the members of an Electoral College


consisting of :

1. the elected members of the both Houses of the Parliament.


2. the elected members of the Legislative Assemblies of the States including
National Capital Territory of Delhi and the Union Territory of Puducherry.
Thus, the nominated members of both the houses of Parliament, the nominated
members of the State Legislative Assemblies, the members of (both elected
and nominated) of the state legislative councils, and the nominated members of
the Legislative Assemblies of Delhi and Puducherry do not participate in the
election of the President.

Oath of Office

Before entering upon his office, the President takes on oath in the presence of
the Chief Justice of India (or in his absence the senior-most Judge of the
Supreme Court)
Term of Office

▪ The President holds the office for a term of 5 years from the date on
which he enters the office. The Chief Justice of India administers the oath
of office to the President.
▪ The President may resign before the completion of his/her term. In that
case, he can submit his resignation to the Vice-President of India. The
vacant seat of the President must be filled within 6 months.
Executive Powers

▪ He/She is the head of Union Administration and all executive orders are
issued in his/her name.
▪ He/She makes appointments to key posts to run the Government’s
administration. He/She appoints the Prime Minister and the Council of
Ministers (CoM) on Prime Minister’s advice. He/She also appoints the Chief
Justice and the Judges of the Supreme Court and the High Courts, the
Governors of the States, Lt-Governors and various other constitutional
heads.
Legislative Powers

He/She can address the Parliament at the beginning of the first session of the
year and after each general election to the Lok Sabha.

The President can send message to either House of the Parliament, at any point
with regard to any matter of importance.

The President has the power to summon, and prorogue the Houses and to
dissolve the Lok Sabha. The President nominates 14 members to the Parliament
(12 to the Rajya Sabha and 2 to the Lok Sabha), on the advice of the Prime
Minster and the council of Ministers.

Any Bill cannot become an act until it is approved by the President. He/She may
send it back with some recommendations, but the second time he/she has to
give his/her assent.

Financial Powers
▪ It is the responsibility of the President to introduce the Annual Budget
every year in the Parliament. Under constitutional provision, it is the duty of
the President to appoint a Finance Commission after every 5 years to
recommend the distribution of revenues between the Centre and the
States.
▪ He/She is authorized to withdraw money from Contingency Fund in India to
meet certain emergency requirement.
▪ A Money Bill can only be introduced after the President’s recommendation.
▪ No demand for grant, can be made except on is recommendation.
Judicial Powers

He/She appoints the Chief Justice and the Judges of the Supreme Court and
High Courts.

He/She has the power to grant pardon, respites, reprives or remissoins to


remit or commute the sentence of any person convicted of an offence.

No criminal suit can be initiated against the President during his/her tenure of
office and he/she is not answerable before any Court of Law for exercising
his/her powers and the duties of his/her office.

Military Powers

▪ He/She is the Supreme Commander of the Defence Forces of India and


appoints the Chiefs of the Army, Navy and the Air Force.
▪ The President can declare War or conclude Peace on the approval of the
Parliament.

Vice-President of India

The Vice-President of India is elected by the member of the Electoral College,


according to a system of proportional representation by a single transferable
vote.
Qualification for Election

A person shall be eligible for the election of the Vice-President, if he/she

1. is a citizen of India.
2. has completed the age of 35 years.
3. is qualified for election as a member of the Rajya Sabha.
4. should not hold any office of profit under the Union Government or any
State Government or any local or other authority or any public authority.
Term of Office and Power

▪ The Vice-President shall hold office for a term of 5 years from the date
he/she enters his/her office.
▪ He/She may resign from his/her post by writing to the President or he/she
may be removed from his/her office for the violation of the Constitution by
the Parliament.
▪ The Vice-President is the ex-officio Chairman of the Rajya Sabha. He/She
mainly performs his/her duties with regard to the Chairman of the Rajya
Sabha. His/Her Salary is also paid in this capacity.
▪ The Vice-President takes over the office of the President, if the President
is unable to discharge his/her duties or the office of the President becomes
vacant.
▪ In the above event, the Vice-President draws all the emoluments and salary
of the President.
The Prime Minister

The Prime Minister (PM) is appointed by the President, who according to


convention, invites the leader of the majority party or group in the Lok Sabha
to form the Government. The members of the majority group/party elect their
leader in the Lok Sabha to be appointed as the Prime Minister.

The President may use his discretionary power to appoint the Prime Minster,
when no single party or group secures the majority in the House but has to
appoint when the person who can prove his majority in the House with the
support of some smaller groups or parties.

Term of Office

The term of office of the Prime Minister is 5 years. However, the President
may dismiss him before, if he loses the majority support in the Lok Sabha.

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