The President of India.
Important Articles
Article 53- The role and Authority of president
Article 60 – Oath of president-The primary duty of the president is to preserve, protect and defend the constitution and the law of India
Legislative Power
Article 78 & 76 -Legislative power is constitutionally vested by the Parliament of India of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses (The House of the People and 'The Council of States') of the parliament and prorogues them. He can dissolve the Lok Sabha.
The president inaugurates parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The Presidential address on these occasions is generally meant to outline the new policies of the government.
Legislative power
Article 78 - Duties of Prime Minister as respects the furnishing of information to the President, etc. (c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Article 86 -Right of President to address and send messages to Houses
(1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members
(2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration
Article – 87 (1) At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address
Article 111-Assent to Bills When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom Procedures in Financial Matters
Article 368- (2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in - Council of Ministers to aid and advise President
Article 74
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court
Article 143
143. Power of President to consult Supreme Court ( 1 ) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon
(2) The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon
Article 123
123. Power of President to promulgate Ordinances during recess of Parliament
(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require
(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance
(a) shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President Explanation Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause
(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void CHAPTER IV THE UNION JUDICIARY
Executive power
Article 53
53. Executive power of the Union
(1) 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
(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law
(3) Nothing in this article shall
(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President
Article 70
70. Discharge of Presidents functions in other contingencies Parliament may make such provision as if thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter
Article 74
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court
Article 160
Oath or affirmation by the President Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say swear in the name of God I, A B, do that I solemnly affirm will faithfully execute the office of President (or discharge the functions of the President) of India and will do the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well being of the people of India
Article 142
Article 142 of Constitution of India deals with Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.
The President of India is the ceremonial head of state of India and the commander-in-chief of the Indian Armed Forces
Judicial power
Article 60 - oath
Article 143
143. Power of President to consult Supreme Court ( 1 ) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon
(2) The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon
Article 76
76. Attorney General for India
(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India
(2) it shall be the duty of the Attorney General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force
(3) In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India
(4) The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine Conduct of Government Business
Article 88
Rights of Ministers and Attorney General in respects Houses Every Minister and the Attorney General of India shall have the right to speak in, and otherwise to take part in the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote Officers of Parliament
Executive powers
Article 53
53. Executive power of the Union
(1) 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
(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law
(3) Nothing in this article shall
(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President
Article 70
70. Discharge of Presidents functions in other contingencies Parliament may make such provision as if thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter
Article 74
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court
Article 160
160. Discharge of the functions of the Governor in certain contingencies The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter
Article 142
Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself
Judicial powers
The primary duty of the president is to preserve, protect and defend the constitution and the law of India per Article 60. The president appoints the Chief Justice of India and other judges on the advice of the chief justice. He dismisses the judges if and only if the two Houses of the parliament pass resolutions to that effect by a two-thirds majority of the members present.
The Indian government's chief legal adviser, Attorney General of India ,is appointed by the President of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, he can also ask for the advisory opinion of the supreme court per Article 143. Per Article 88, President can ask the Attorney General to attend the parliamentary proceedings and report to him any unlawful functioning if any
Appointment powers
The president appoints as 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 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 at the 'pleasure' of the president.
The president appoints 12 members of the Rajya Sabha from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. President may nominate not more than two members of Anglo Indian community as Lok Sabha members per Article 331
Governors of states are also appointed by the president who shall work at the pleasure of the president. Per Article 156, President is empowered to dismiss a governor who has violated the constitution in his acts
.
The president is responsible for making a wide variety of appointments. These include:[17]:72
· The chief justice and other judges of the Supreme Court of India and state/union territory high courts.
· The Chief Minister of the National Capital Territory of Delhi (Article 239 AA 5 of the constitution).
· The Chief Election Commissioner and other Election Commissioners.
· The Chairman and other Members of the Union Public Service Commission.
· The Attorney General.
· Ambassadors and High Commissioners to other countries (only through the list of names given by the prime minister)[18][19]:48.
· Officers of the All India Services (IAS, IPS and IFoS), and other Central Civil Services in Group 'A'.
Financial powers
· A money bill can be introduced in the parliament only with the President’s recommendation.
· The president lays the Annual Financial Statement, i.e. the Union budget, before the parliament.
· The president can take advances out of the Contingency Fund of India to meet unforeseen expenses.
· The president constitutes a Finance commission after every five years to recommend the distribution of the taxes between the centre and the States.
Diplomatic powers
All international treaties and agreements are negotiated and concluded on behalf of the president. However, in practice, such negotiations are usually carried out by the prime minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are subject to the approval of the parliament. The president represents India in international forums and affairs where such a function is chiefly ceremonial. The president may also send and receive diplomats, i.e. the officers from the Indian Foreign Service.President is the first citizen of the country.
The main comparisons between president and governor’s powers are as follows:
President:
1. May declare, his assent to any Bill passed by the Houses of Parliament.
ADVERTISEMENTS:
2. May withhold his assent.
3. May return any Bill (other than a Money Bill) for reconsideration by the Parliament. If the Bill is again passed by the Houses and is presented to the President for assent he is obliged to give his assent. He cannot withhold assent to a Bill passed again by the two houses (Art. 111)
State Bills:
ADVERTISEMENTS:
State Bills may be reserved by the governor for the consideration of the President (Art. 201).
4. If the State Bill is a Money Bill, the President may declare that he assent to it or withholds his assent.
5. If the State Bill is an ordinary Bill (not a Money bill) the President may
(a) Assent to it
ADVERTISEMENTS:
(b) Withhold his assent
(c) Return the Bill to the State for reconsideration.
Where it is so returned the Legislature must reconsider it within 6 months, if it is passed again it must be presented again to the President. The President may assent o it or withhold his assent, he is not bound to give his assent even though it has been passed a second time.
Governor:
1. May declare his assent to any Bill passed by the State Legislature.
ADVERTISEMENTS:
2. May withhold his assent.
3. May return any Bill (other than a Money Bill) for reconsideration by the Legislature. If the Bill is again passed by the House or Houses and is presented to the Governor for assent he is obliged to give his assent. He cannot withhold assent to a Bill passed again by the two Houses (Art. 200).
4. May neither declare nor withhold assent and may not return it but may reserve it for the consideration of the President. In case the Bill prejudicially effects the powers of the High Court as conferred by the Constitution he is obliged to reserve the Bill for the consideration of the President. In all other cases he has to exercise his discretion and reserve to exercise his discretion and reserve the Bill if he deems it fit to do so.
5. When a Bill has been reserved for consideration of the President the power to declare assent or with-hold it rests with the President alone. The governor denudes himself of the power to assent by reserving a Bill. If the Bill is passed again it must be presented again to the President for assent. The President may or may not accord assent
The Constitutional position on the removal of the Governor is that a Governor of a state is an appointee of the President, and he or she holds office “during the pleasure of the President” (Article 155 and 156). If the Governor continues to enjoy the pleasure of the President, s/he can have a normal term of five years. Now ,the President is bound by the aid and advice of the Council of Ministers under Article 74, so it is the central government which appoints or removes the Governor.
President- Finance Commission - Budget
The First Finance Commission (IAST: Vitta Āyoga) was established by the President of India in 1951 under Article 280 of the Indian Constitution
Article 280 of the Indian Constitution defines the scope of the commission:
1. The President will constitute a finance commission within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.
T he budget is presented to the parliament on the date fixed by the President. Generally, it was presented on the last working day of February, a month before the commencement of the financial year but this 92 years old practices of presenting budget has been changed now According to Article 77 (3), the Union Finance Minister has been made responsible by the President to prepare the budget also called as the annual financial statement and pilot it through the parliament. Budget embodies the estimated receipts and expenditure of the Government of India for one financial year. The financial year commences on 1st April each year.
The budget is presented to the parliament on the date fixed by the President. Generally, it was presented on the last working day of February, a month before the commencement of the financial year but this 92 years old practices of presenting budget has been changed now
Bill in the other House
After the Bill is passed by one House of the parliament, it is sent to the other House for concurrence with a message to that effect, and there also it goes through the stages described above, except the introduction stage. If a Bill passed by one House is amended by the other House, it is sent back to the originating House for approval. If the originating House does not agree with the amendments, it shall be that the two houses have disagreed. The other House may keep a money bill for 14 days and an ordinary Bill for three (3) months without passing (or rejecting) it. If it fails to return the Bill within the fixed time, the Bill is deemed to be passed by both the houses and is sent for the approval of the President.
At state level, it is not mandatory that a bill shall be passed by the legislative council (if existing) per Articles 196 to 199. There is no provision of conducting joint session of both Houses to pass a bill.
Joint session of both Houses
Main article: Joint session
In case of a deadlock between the two houses or in a case where more than six months lapse in the other house, the President may summon, though is not bound to, a joint session of the two houses which is presided over by the Speaker of the Lok Sabha and the deadlock is resolved by simple majority. Until now, only three bills: the Dowry Prohibition Act (1961), the Banking Service Commission Repeal Bill (1978) and the Prevention of Terrorist Activities Act (2002) have been passed at joint sessions
President's approval
When a bill has been passed, it is sent to the President for his approval per Article 111. The President can assent or withhold his assent to a bill or he can return a bill, other than a money bill which is recommended by president himself to the houses. However Article 255 says that prior recommendation of president or governor of a state wherever stipulated is not compulsory for an Act of parliament or of the legislature of a State but the final consent of president or governor of a state is mandatory. President may be of view that a particular bill passed under the legislative powers of parliament is violating the constitution, he can send back the bill with his recommendation to pass the bill under the constituent powers of parliament following the Article 368 procedure. President shall not withhold constitutional amendment bill duly passed by parliament per Article 368. If the President gives his assent, the bill is published in The Gazette of India and becomes an Act from the date of his assent. If he withholds his assent, the bill is dropped, which is known as absolute veto. The President can exercise absolute veto on aid and advice of council of ministers per Article 111 and Article 74 The president may also effectively withhold his assent as per his own discretion, which is known as pocket veto. The pocket veto has only been exercised once by President Zail Singh in 1986, over the postal act where the government wanted to open postal letters without warrant by amending the Indian Post Office Act, 1898. If the president returns it for reconsideration, the Parliament must do so, but if it is passed again and returned to him, he must give his assent to it. If parliament is not happy with the president for not assenting a bill passed by it under its legislative powers, the bill can be modified as a constitutional amendment bill and passed under its constituent powers for compelling the president to give assent. In case a constitutional amendment act is violating the basic structure of the constitution, constitutional bench of Supreme Court would quash the act. When parliament is of the view that the actions of the president are violating the constitution, impeachment proceedings against president could be taken up to remove him under Article 61 where at least two - thirds of total membership of each house of parliament should vote in favour of the impeachment when charges against the president are found valid in an investigation.
In case of a bill passed by the legislative assembly of a state, the consent of that state's Governor has to be obtained. Some times the governor may refer the bill to the president anticipating clash between other central laws or constitution and decision of the president is final per Articles 200 and 201.
All decisions of the union cabinet are to be assented by the president for issuing gazette order (GO). In case the cabinet decisions are not in the purview of the established law, president shall not give assent to the cabinet decisions. He may indicate union cabinet to pass the necessary legislation by the parliament to clear the cabinet decision. A minister is not supposed to take any decision without being considered by the council of ministers per Article 78(c).
The purpose of framing the Indian constitution is to serve with honesty, efficiency and impartiality for the betterment of its citizens by the people who are heading or representing the independent institutions created by the constitution such as judiciary, legislature, executive, etc. When one or more institutions are failing in their duty, the remaining shall normally take the lead in correcting the situation by using checks and balances as per the provisions available in the constitution.
Coming into force
Generally most Acts will come into force, or become legally enforceable in a manner as prescribed in the Act itself. Either it would come into effect from the date of assent by the President (mostly in case of Ordinances which is later approved by the Parliament), or a specific date is mentioned in the Act itself (mostly in case of Finance Bills) or on a date as per the wish of the Central or the State Government as the case may be. In case the commencement of the Act is as made as per the wish of the government, a separate Gazette notification is made, which is mostly accompanied by the Rules or subordinate legislation in another gazette notification.
Money Bill Recomended by President
Bills which exclusively contain provisions for imposition and abolition of taxes, for appropriation of moneys out of the Consolidated Fund, etc., are certified as Money Bills by the Speaker of the Lok Sabha. Money Bills can be introduced only in Lok Sabha on the recommendation of the President per Articles 109, 110 and 117. For every fiscal year, the annual budget or annual financial statement with demand for grants on the recommendation of the President per Articles 112 to 116 shall be passed by the Lok Sabha. The Rajya Sabha cannot make amendments to a Money Bill passed by the Lok Sabha and sent to it. It can, however, recommend amendments in a Money Bill, but must return all Money Bills to Lok Sabha within fourteen days from the date of their receipt. The Lok Sabha can choose to accept or reject any or all of the recommendations of the Rajya Sabha with regard to a Money Bill. If Lok Sabha accepts any of the recommendations of Rajya Sabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by Rajya Sabha and accepted by Lok Sabha. If Lok Sabha does not accept any of the recommendations of Rajya Sabha, the Money Bill is deemed to have been passed by both Houses in the form in which it was passed by Lok Sabha without any of the amendments recommended by Rajya Sabha. If a Money Bill passed by Lok Sabha and transmitted to Rajya Sabha for its recommendations is not returned to Lok Sabha within the said period of fourteen days, it is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha. When a money bill introduced in the Lok Sabha by the government fails to get its approval, the ruling party is treated as not commanding the majority support in the Lok Sabha or shall be dismissed by the president to pave way for new government / fresh elections or opposition would move no confidence motion.
At state level also money bills shall be introduced in the legislative assembly only per Articles 198, 199 and 207 on the recommendation of the governor. When a money bill introduced in the legislative assembly by the state government fails to get its approval, the ruling party is treated as not commanding the majority support in the legislative assembly or shall be dismissed by the governor to pave way for new government / fresh elections or opposition would move no confidence motion.
Ordinances & President
Main article: Ordinance (India)
When both houses of parliament are not in session, extant provisions of law are felt inadequate, under compelling circumstances and the president is satisfied for the need of immediate action, he/she may promulgate such required ordinances under Article 123 of the constitution. An ordinance has same force and effect as an 'act of parliament'. Every ordinance shall cease to operate if not passed by the parliament before the expiration of six weeks from its reassembly. President shall not issue any ordinance which needs amendment to the constitution or violating the constitution. When state assembly is not in session, governor of a state can issue ordinances per Article 213 subject to the approval of the president in case required so.
Pardoning powers
See also: Presidential pardon
As mentioned in Article 72 of the Indian constitution, the president is empowered with the powers to grant pardons in the following situations:[18]
· Punishment is for an offence against Union law.
· Punishment is by a military court.
· A sentence that is of death.[23]
The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most cases, however, the president exercises his executive powers on the advice of the prime minister and the cabinet
Emergency powers
The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.[22]:12
National emergency
A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war),[25]and 1975 to 1977 (declared by Indira Gandhi
Under Article 352 of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the prime minister. Such a proclamation must be approved by the parliament with an at least two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration.[
In such an emergency, Fundamental Rights of Indian citizens can be suspended.[4]:33 The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended (Article 21).
The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws).[27] Also, all money bills are referred to the president for approval.[21]:88 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
National Emergency has been proclaimed 3 times in India till date. It was declared first in 1962 by President Sarvepalli Radhakrishnan, during the Sino-Indian War. This emergency lasted through the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of the Indo-Pakistani War of 1971. The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President Fakhruddin Ali Ahmed, with Indira Gandhi as prime minister in 1975. In 1977, the second and the third emergencies were together revoked.
State emergency
If the president is not fully 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, he can proclaim under Article 356 a state of emergency in the state.Such an emergency must be approved by the parliament within a period of 2 months.
Under Article 356 of the Indian constitution, it can be 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 can take over the entire work of the executive, and the governor administers the state in the name of the 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).
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. When a state emergency is imposed under this provision, the state is said to be under "President's rule
2. By Article 365 – If that state is not working according to the direction of the Union government issued per the provisions of the constitution.
This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if
1. A state of National Emergency has been declared in the country or in the particular state.
2. The Election Commission finds it difficult to organise an election in that state.
The Sarkaria Commission held that presidents have unconstitutionally misused the provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states.[31] During 2005, President's rule was imposed in Bihar state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections.
There is no provision in the constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at the end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president
Financial emergency
Article 282 accords financial autonomy in spending the financial resources available with the states for public purpose. Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from the Union government. However, Union government can insist for compliance of its loan terms when a state has outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India.
Under article 360 of the constitution, President can proclaim a financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened.[6] However, until now no guidelines defining the situation of financial emergency in the entire country or a state or a union territory or a panchayat or a municipality or a corporation have been framed either by the finance commission or by the central government.
Such an emergency must be approved by the parliament within two months by a simple majority. It has never been declared.:604 A state of financial emergency remains in force indefinitely until revoked by the president.:195
The president can reduce the salaries of all government officials, including judges of the supreme court and high courts, in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. He can direct the state to observe certain principles (economy measures) relating to financial matters.
Selection process
Eligibility
Article 58 of the constitution sets the principal qualifications one must meet to be eligible to the office of the president. A President must be:
· a citizen of India
· of 35 years of age or above
· qualified to become a member of the Lok Sabha
A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Certain office-holders, however, are permitted to stand as presidential candidates. These are:
· The current vice-president
· The governor of any state
· A Minister of the Union or of any state (including prime minister and chief ministers)
In the event that the vice-president, a state governor or a minister is elected President, they are considered to have vacated their previous office on the date they begin serving as President.
A member of parliament or of a State Legislature can seek election to the office of the president but if he is elected as President, he shall be deemed to have vacated his seat in parliament or State Legislature on the date on which he enters upon his office as President [Article 59(1)].
Article 57 provides that a person who holds, or who has held, office as President shall, subject to the other provisions of this constitution, be eligible for re-election to that office.
Under The Presidential and Vice-Presidential Elections Act, 1952,[38] a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for his name to appear on the ballot.[39]
Time of election
Article 56(1) of the constitution provides that the president shall hold office for a term of five years from the date on which he enters upon his office. According to Article 62, an election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office. To meet the contingency of an election to the office of President not being completed in time due to unforeseen circumstances like countermanding of election due to death of a candidate or on account of postponement of the poll for any valid reason, Article 56(1)(c) provides that the president shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Conditions for the presidency
Main article: Electoral College (India)
Certain conditions, per Article 59 of the Indian constitution, debar an otherwise eligible citizen from contesting the presidential elections. The conditions are:
· The president shall not be a member of either house of the parliament or of a house of the legislature of any state, and if a member of either house of the parliament or of a house of the legislature of any state be elected 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 residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
· The emoluments and allowances of the president shall not be diminished during his term of office.
Election process
Whenever the office becomes vacant, the new President is chosen by an electoral college consisting of the elected members of both houses of parliament (M.P.s), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (MLAs) of two union territories, i.e., National Capital Territory (NCT) of Delhi and Union Territory of Puducherry. The election process of President is more extensive process than prime minister who is also elected indirectly (not elected by people directly) by the Lok Sabha members only. Whereas President being the constitutional head with duties to protect, defend and preserve the constitution and rule of law in a constitutional democracy with constitutional supremacy, is elected in an extensive manner by the members of Lok Sabha, Rajya Sabha and state legislative assemblies in a secret ballot procedure.
The nomination of a candidate for election to the office of the president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security deposit of ₹15,000 (US$220) in the Reserve Bank of India.[40] The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.
The election is held in accordance with the system of proportional representation (PR) by means of the single transferable vote (STV) method. The voting takes place by a secret ballot system. The manner of election of President is provided by Article 55 of the constitution.[41]
Each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states. Finally, the number of legislators in state matters; if a state has few legislators, then each legislator has more votes; if a state has many legislators, then each legislator has fewer votes.
The actual calculation for votes cast by a particular state is calculated by dividing the state's population by 1000, which is divided again by the number of legislators from the State voting in the electoral college. This number is the number of votes per legislator in a given state. Every elected member of the parliament enjoys the same number of votes, which may be obtained by dividing the total number of votes assigned to the members of legislative assemblies by the total number of elected representatives of the parliament.
Although Indian presidential elections involve actual voting by MPs and MLAs, they tend to vote for the candidate supported by their respective parties.
ARTICLE 52 : THE PRESIDENT OF INDIA
There shall be a President of India.
ARTICLE 53 : EXECUTIVE POWER OF THE UNION
(1) 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. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union Shall be vested in the President and the exercise thereof shall be regulated by law. (3) Nothing in this article shall – (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President.
ARTICLE 54 : ELECTION OF PRESIDENT
The President shall be elected by the members of an electoral college consisting of – (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States. Explanation: In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union territory of Pondicherry.
ARTICLE 55 : MANNER OF ELECTION OF PRESIDENT
(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. (2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the legislative Assembly of each state is entitled to cast at such election shall be determined in the following manner; – (a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly; (b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one; (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded. (3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. Explanation: In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.
ARTICLE 56 : TERM OF OFFICE OF PRESIDENT
(1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that – (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61. (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.
ARTICLE 57 : ELIGIBILITY FOR RE-ELECTION
A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution be eligible for re-election to that office.
ARTICLE 58 : QUALIFICATIONS FOR ELECTION AS PRESIDENT
(1) No person shall be eligible for election as President unless he – (a) is a citizen of India; (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. Explanation: For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.
ARTICLE 59 : CONDITIONS OF PRESIDENT’S OFFICE
(1) The President 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 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. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of office.
ARTICLE 60 : OATH OR AFFIRMATION BY THE PRESIDENT
Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say – “I, A.B., do swear in the name of God / solemnly affirm that I will faithfully execute the office of President (or discharge the function of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”
ARTICLE 61 : PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT
(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred unless – (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. (3) 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. (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.
ARTICLE 62 : TIME OF HOLDING ELECTION TO FILL VACANCY IN THE OFFICE OF PRESIDENT AND THE TERM OF OFFICE OR PERSON ELECTED TO FILL CASUAL VACANCY
(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
1. Salary of Indian President is Rs.5 lakh. Until 2017, the President used to get Rs 1.50 lakh per month. In Budget 2018, it was increased to Rs 5 lakh per month.
2. In addition to the salary, the President receives many other allowances and free facilities which include free medical, housing, and treatment facilities (whole life).
3. The Government of India spends around Rs.2.25 crore rupees annually on other expenses like President’s housing, staff, food and hosting of guests.
4. Indian President’s salary is 7000$*12=84,000$, which is much lower when compared to US President’s salary of 4,00,000$.
5. The president of the United States of America is also indirectly elected by the people through the Electoral College, but to a four-year term. He is one of only two nationally elected federal officers, the other being the Vice President of the United States. (In total, there are 538 electors, corresponding to the 435 members of the House of Representatives, 100 senators, and the three additional electors from the District of Columbia.)
6. Under The Presidential and Vice-Presidential Elections Act, 1952, a candidate, to be nominated for the office of president of India needs 50 electors as proposers and 50 electors as seconders for his or her name to appear on the ballot.
7. The general principle in Indian Presidential election is that the total number of votes cast by Members of Parliament equals the total number of votes cast by State Legislators.
8. There are a total of 776 voters in both the Houses of Parliament. The Electoral College also consisted of 4120 MLAs in the states.
9. The formula to determine the value of the vote of an MLA = Population of the state ÷ (No. of M.L.A.s in the state X 1000).
10. The formula to determine the value of the vote of an MP = Total value votes assigned to all the M.L.A.s ÷ Total number of MPs.
11. Each MP had a vote value of 708 in the Presidential Election 2012.
12. Legislators from larger states cast more votes than those from smaller states.
13. If a state has few legislators, then each legislator has more votes; if a state has many legislators, then each legislator has fewer votes.
14. JFYI: The President of India moves around in a custom built heavily armoured Mercedes Benz S600 Pullman Guard (which costs around Rs. 12 Crore).
15. Nominated members cannot vote in the Presidential election. But they can participate in President’s impeachment.
16. PS: Nominated members can participate in Vice-President’s election and removal.
17. MLAs are involved in the Presidential election, but they have no role in President’s impeachment. President’s impeachment resolution requires a special majority of both houses of the parliament to pass.
18. Impeachment motion in either house of parliament.
19. The impeachment process should be backed by at least 50 members of the house where the impeachment proceedings were initiated.
20. President should be given 15 day prior notice about the proceedings and the president has the right to take part in impeachment proceeding and can talk on his side.
21. After discussion it should pass by two-third majority in each house.
22. If it is passed in both house of parliament the president stands impeached.
23. Members who can take part in impeachment voting:
24. Elected and nominated Members(MP) of both houses of parliament.
25. No president has been impeached in India so far.
26. Impeachment is the way to remove Indian president for violating the Constitution of India by the Parliament .The house (either loksabha or Rajyasbha) initiates theprocess by levelling the charges against the President. The charges are contained in a notice that has to be signed by at least one quarter of the total members of that house(either Loksabha or Rajyasabha). The notice is sent up to the President and 14 days later, it is taken up for consideration.If the notice get the two third majority in the originating house.Then it passes to the the second house if the notice get the two third majority in that house also, the president has been removed.
President of India can be removed from office through impeachment. Procedure of impeachment is detailed in Article 61 of the constitution. It is as follows-
27. Ground for impeachment- Violation of constitution (note that president can not be removed on any other ground)
28. 61. Procedure for impeachment of the President
29. (1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament
30. (2) No such charge shall be preferred unless
31. (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days notice in writing signed by not less than one fourth of the total number of members of the House has been given of their intention to move the resolution, and
32. (b) such resolution has been passed by a majority of not less than two thirds of the total membership of the House
33. (3) 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 as such investigation
34. (4) If as a result of the investigation a resolution is passed by a majority of not less than two thirds of the total membership of the House by which the charge was investigated or cause to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed
President and chief Justice
Appointment
Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court. Though no specific provision exists in the Constitution for appointing the Chief Justice, who, as a result, is appointed like the other judge conventionally, the outgoing CJI recommends the name of the senior-most judge (i.e. by date of appointment to the Supreme Court) for appointment by the President of India, as his successor.
Removal
Article 124(4) of Constitution of India lays down the procedure for removal of a Judge of Supreme Court which is applicable to Chief Justice as well. Once appointed, the Chief Justice remains in the office until the age of 65 years. He can be removed only through a process of impeachment by Parliament as follows:
A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
— Article 124(4), Constitution of India, [7]
Acting President
The President (Discharge of Functions) Act, 1969[10] of India provides that the Chief Justice of India (CJI) shall act as the President of India in the event of the offices of both the President and the Vice President being vacant. When President Zakir Hussain died in office, the Vice President V. V. Giri, acted as the President. Later, Mr. Giri resigned as the Vice President. The CJI, Justice Mohammad Hidayatullah then became the acting President of India. As per the convention, the senior-most judge of the Supreme Court became the acting CJI. When the newly elected President took office a month later, Justice Hidayatullah reverted as the Chief Justice of India
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