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Chapter 06. Union Executive (Polity & Constitution of India Notes)

UNION EXECUTIVE

THE PRESIDENT

➤ There shall be a President of India (Article 52).
➤ The executive power of the union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this constitution (Article 53).
➤ Part V, Articles from 52 to 73, deals with the President and Vice President.
➤ The President is the first citizen
QUALIFICATION
➤ Must be a citizen of India.
➤ Completed 35 years of age.
➤ Qualified for election as a member of the house of the people (Lok Sabha).
➤ Must not hold any office of profit under the government of India or the government of any state or any local authority or any other public authority.
Exceptions :
1. President and Vice President
2. Governor of any state.
3. Minister of Union or State is not deemed to hold any office of profit and hence qualified
Conditions of President’s Office
➤ Shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either house of Parliament or of a House of the Legislature of any state be elected as President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as president.
➤ The President shall not hold any other office of profit.
➤ The President shall be entitled without payment of rent to the use of his official residance.
➤ Shall be also entitled to such emoluments, allowance and privileges as may be determined by Parliament by law.
➤ The emoluments and allowances of the President shall not be diminished during his term of office.
Election of President :
➤ The President shall be elected by the members of an electoral college consisting of —
(i) the elected members of both House of Parliament, and
(ii) the elected members of the Legislative Assemblies of the States
Note : State includes the National Capital Territory of Delhi and the Union Territory of Puducherry.
➤ The total voting strength of the Parliament is equal to the total voting strength of all state assemblies together.
➤ The president’s election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.
➤ This system ensures that the successful candidate is returned by the absolute majority of votes.
➤ In order to declared elected to the office of President, a candidate must secure a fixed quota of votes.
➤ The value of vote of each member of Legislative Assembly of a State is determined by the formule as given below :
▸ To secure uniformity among states and parity between the Union and states following formula is adopted:
Value of the vote of an MLA =
Value of vote of an MP=
➤ Supreme Court inquires all dispute regarding President’s election.
Term of office of President
➤ The President shall hold office for a term of five years from the date on which he enters upon his office.
(i) the president may, by writing under his hand addressed to the Vice-President, resign his office;
(ii) The President may, for violation of the constitution be removed from office by impeachment in the manner provided in article 61;
(iii) The President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Re-Election
➤ Eligible for re-election.
Procedure for Impeachment
➤ Nature of impeachment is Quasi- Judicial.
➤ Can be impeached only on the ground of violation of constitution.
➤ The charge shall be preferred by either House of Parliament.
➤ The proposal to prefer such charge is contained in a resolution which has been moved after at least 14 day’s notice in writing signed by not less than 1/4th of the total number of members of the House has been passed by a majority of not less than two thirds of the total membership of the house.
➤ When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.
➤ If a result of the investigation a resolution is passed by a majority of not less than 2/3rd of the total membership of the House by which the charge was investigated, declaring that the charged preferred against the President from his office as form the date on which the resolution is so passed.
Vacancy
➤ Office of the President falls vacant due to the following reasons—
(i) Completing 5 years terms;
(ii) Due to resignation;
(iii) Due to impeachment;
(iv) Due to death;
(v) Due to illegal election.
POWERS OF THE PRESIDENT
1. Executive Power :
➤ All executive action of the union must be taken in the name of the President. (Article 77) ➤ He appoints the followings :
1. Prime Minister
2. Ministers
3. Chief Justice and Judges of Supreme Court and High Courts,
4. Chairman and Members of UPSC.
5. Comptroller and Auditor General (CAG)
6. Attorney General of India (AGI)
7. Chief Election commissioner and other members of election commission.
8. Governors
9. Members of finance commission
10. Ambassadors
➤ He directly administers the union Territories through the Lt. Governor, Commissioner or Administrator.
➤ He can appoint a commission to investigate into the conditions of SCs, STs and OBCs.
➤ He can appoint an inter-state council to promote centre-state relation and for cooperation amongst different states.
2. Legislative Powers :
➤ He can summon and prorogue the session of the two houses.
➤ He can dissolve Lok Sabha (Article 85).
➤ He can address both the houses jointly or separately.
➤ He addresses the first session after general elections and at the commencement of the first session of each year.
➤ He can send messages to both the houses.
➤ Nominate 12 member to Rajya Sabha and 2 members of Anglo- Indian community in Lok Sabha if they have not receive adequate ➤ Certain bills can be introduced in Parliament only on the recommendation of the President.
➤ Presidential assent is essential before a bill becomes an Act.
➤ He can enact laws through ordinance when the Parliament is in recess. These ordinance must be passed by Parliament with the 6 weeks of reassembly.
➤ Lays the report of the comptroller and Auditor General, the finance commission and others before the Parliment.
➤ When a bill is sent to the President after it has been passed by the Parliament, he can :
(i) give his assent to the bill or
(ii) withhold his assent to the bill or
(iii) Return the bill (if it is not a money bill or constitutional amendment bill) for reconsideration of the Parliament, although only once.
➤ Decides on the questions as to the qualifications of the MPs, in consultation with the Election Commission.
3. Financial Powers :
➤ All money bills can originate in Parliament only on recommendation of President.
➤ No demand for a grant can be made except on his recommendation.
➤ He appoints Finance commission after each 5years that recommends distribution of taxes between union and states.
➤ The President shall in respect of every financial year cause to be laid before both the Houses of parliament a statement of the estimated receipts and expenditure of the Government of India for that year.
4. Judicial Powers :
➤ The President shall have the power to grant pardons reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
➤ The President is the only authority for pardoning a sentence of death (Article 72)
5.Diplomatic Powers :
➤ Represents country in international forum.
➤ He sends ambassadors and receives diplomats.
➤ All international treaties and agreements are concluded on his behalf however they are subject to ratification by Parliament.
6. Military Powers :
➤ He is the supreme commander of the defence forces of India.
➤ He appoints chief of Army, Navy and Air Force.
➤ Declare war and concludes peace, subject to the approval of the Parliament.
7. Emergency Powers :
1. National emergency (Art 352)
2. President’s rule (Art 356 & 365)
3. Financial emergencies (Art 360)

VICE-PRESIDENT

➤ According to the Article 63, there shall be a Vice-President.
➤ Vice-President is ranked 2nd after President.
➤ He is the ex-officio chairman of Rajya Sabha.
➤ He is not a member of Rajya Sabha hence he has no right to vote. But he can exercise a vote in the case of tie or equality of votes.
➤ He entitled the salary and allowances payable to the chairman of Rajya Sabha not for the post of Vice President.
➤ He gets Rs. 1,25000 per months according to the Act of Parliament, 1998.
Election of Vice-President
➤ Vice-President is elected by the members of an electoral college consisting of the members of both House of Parliament.
➤ Election is held in accordance with system of proportional representation by means of the single transferable vote and voting is by secret ballot.
➤ Thus this electoral college is different from the electoral college for the election of the President in the following two respects :
1. It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).
2. It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are included).
Eligibility
➤ He should be a citizen of India.
➤ He has completed 35 years of age.
➤ He should qualified for election as a member of council of states.
➤ A person holding any office of profit under the government shall not be eligible for election as the Vice-President.
➤ The election to the vacancy of the office of the Vice-President is completed before the expiry of his term.
➤ There is no mandatory provision, like in case of the President, to hold the election within the six months.
➤ All the doubts and disputes arising out of or in connection with the election of the Vice- President shall be decided by the Supreme Court.
➤ When the President is unable to discharge his functions owing to absence, illness or any other case, the Vice President shall discharge his functions until the date on which the President resumes his duties.
➤ When the Vice-President acts as the President, he shall exercise all the powers of the President and shall receive the salary and emolument of the President.

ATTORNEY GENERAL OF INDIA

➤ Article 76 States that the President shall appoint a person who is qualified to be appointed as a judge of the Supreme Court to be the Attorney General of India.
➤ He is the first legal officer of the Government of India.
➤ He holds office during the pleasure of the President.
➤ He can also resign by addressing the resignation letter to President.
➤ It is a convention that after the change of the Government, the Attorney General of India resigns and the new Government appoints one of its own choice.
➤ He gives legal advice to the Government of India.
➤ He performs any legal duties assigned by the President of India.
➤ He discharges any functions conferred on him by the constitution or the President.
➤ He has right of audience in all courts in the territory of India.
➤ He is prohibited to take appointment as a Director in any
Qualification of Attorney General of India
(i) Citizen of India
(ii) Judge of High Court or High Courts in succession for minimum 5 years of service.
(iii) Advocate of High Court or High Courts in succession for atleast 10 years or
(iv) In opinion of the President is a distinguished jurist.
➤ He shall neither advice nor hold a brief against the Government of India in cases in which he is called upon to advice the government of India.
➤ He cannot defend accused persons for criminal prosecutions without the permission of the Government of India.
➤ He represents the union before the courts.
➤ He is allowed to take up private practice provided, the other party is not the state.
➤ He is not a member of the either House of the Parliament.
➤ He has the right to attend and speak in the Parliamentary deleberations and meetings of both the Houses.
➤ He has no right to vote in Parliament.
➤ He is not paid salary but a remuneration to be determined by the president.
➤ He is assisted by two solicitiors- General and four additional solicitors- General.
➤ Appear before the Supreme Court and various High Courts in cases involving the Government of India.
SOLICITOR GENERAL OF INDIA
➤ In addition to the Attorney General, there are other law officers of the Government of India, ➤ They are the Solicitor General of India and additional Solicitor General of India. They assist Attorney General in the fulfilment of his official responsibility.
➤ It should be noted here that only the office of Attorney General is created by the Constitution not the solicitor General.

COMPTROLLER AND AUDITOR GENERAL (C.A.G.)

➤ The constitution of India provides for the office of CAG under Articles 148-151.
➤ He is appointed by the president having long administrative experiance and knowledge of accounts.
➤ He holds office for a full term of 6 years or upto 65 years of his age whichever is earlier.
➤ He can resign from the office by addressing the resignation letter to the President.
➤ The President can remove the CAG on the same ground and the same manner as the judge of Supreme Court.
➤ The President can remove him on the basis of resolution passed to that effect by both the Houses of Parliament with a special majority.
➤ His salary and allowances are determined by the Parliament.
➤ He is paid a salary equivalent to that of a judge of the Supreme Court.
➤ On retirement, he shall be eligible for an annual pension.
➤ After retirement, he is disqualified for appointment either under the union or the state government.
➤ He is the guardian of the Public Purse.
➤ He is an officer of the Parliament and he is called ‘Ears and Eyes’ of the Public Accounts ➤ CAG audits all the transacitons related to the Consolidated Fund, Contigency Fund and Public Account Fund of Union and State Governments.
➤ He audits balance sheet, profit and loss accounts of the union and state governments.
➤ Any authority, any person or any account can be audit by him on request of the President or Governor.
➤ He submits the accounts of the Union to the President who place it before the Parliament (Article 151) ➤ He has no control over the issue of money from the consolidatd fund of India or of any state.

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