General Awareness The Union Executive

Union Government

- The union government, as India's central government is known is divided into three distinct but interrelated branches: legislative, executive, and judicial.
- The Union Government draws its authority directly from the Constitution and is free to operate in the field allotted to them by the Constitution.
- The Constitution of India provides for a federal structure wherein the union and the states are independent in their functioning.
- However, at times in order to meet certain emergencies in national interest there are unique safeguards for it to assume a Unitary character(controlled/directed by the Union/Centre).
- Both the union and the state governments are competent to legislate on subjects in the concurrent list. In case of conflict between a central law and a state law on a subject in this list; normally, the union law should prevail. If however a state law reserved for the Presidents assent receives, his assent, it will prevail over the union law. The power to legislate on a matter not enumerated in any of the 3 lists is vested in the union Parliament by Art. 248. Thus in India residuary powers belong to the union government.

President

- Part V of the Constitution (The Union) under Chapter I (The Executive) lists out the qualification, election and impeachment of the President of India.
- The President of India is the head of state of the Republic of India.
- The President is the formal head of the executive, legislature, and judiciary of India and is also the commander-in-chief of the Indian Armed Forces.
- Although, Article 53 of the Constitution of India states that the President can exercise his or her powers directly or by subordinate authority, with few exceptions, all of the executive authority vested in the President are, in practice, exercised by the Council of Ministers.

Qualification

According to article 58 of the Constitution of India,

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) should be qualified to be elected as a member of Lok Sabha.
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. (The office of the President, the Vice-President, the Governor or the Minister of the Union or the State is not considered as an office of profit for this purpose).

Election Procedure

According to Article 54 of the Constitution of India,

- 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.
- Nominated members of Parliament and members of State Legislative Councils are not a part of the Electoral College.
- The election is held by a single transferable vote system of proportional representation.
- The voting is done by secret ballot.
- Names of all the candidates are listed on the ballot paper and the elector gives them numbers preferences. Every voter may mark on the ballot paper as many preferences as there are candidates.
- To be elected, a candidate must get more than 50% of the total valid votes polled. This is known as Quota. The Quota is determined by calculating the total number of votes polled divided by the number of candidates to be elected plus one.
- In the first count, only first preference votes are counted. If any candidates reaches the quota, he/she is declared elected.
- In case no candidate reaches the quota in the first round, then the 2nd preference votes of the candidate getting the least number of first preference votes are transferred to other candidates. Thus the candidate getting the least number of votes is eliminated.
- If after counting, a candidate reaches quota, he/she is declared elected as the President. This continues till any one candidate gets the quota of votes.

Conditions of President's Office

- 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.
- 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.

Term of the President

According to Article 56 of the Constitution of India,

1. The President shall hold office for a term of five years from the date on which he enters upon his office:
(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.

Presidents of India

List of Presidents of India till date:

Impeachment

According to Article 61 of the Constitution of India,

- When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
- 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.
- 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 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.

- No President has so far been impeached.

Vacancy of the President's Office

According to Article 62 of the Constitution of India,

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.

Powers and Functions of the President

Executive Powers

- All the functions are performed by the President on the advice of the Prime Minister.
- All officials appointed by him/her (such as Governors and Ambassadors) may be removed or recalled by him/her, on the advice of the Union Council of Ministers.
- All laws enacted by the Union Parliament are enforced by him/her.
- The President appoints the Attorney General, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of Union Public Service Commission (UPSC).
- He/she also appoints the Governors of States and Lt. Governors of Union Territories. All such appointments are made on the advice of the Union Cabinet.
- He allocates portfolios among the ministers on the advice of the Prime Minister. He may remove any Minister on the advice of the
Prime Minister.
- The President appoints the Prime Minister and he appoints other ministers on the advice of the Prime Minister.

Legislative Powers

- The President summons and prorogues the Houses of Parliament. He summons the Parliament at least twice a year, and the gap between two sessions cannot be more than six months.
- The President has the power to dissolve the Lok Sabha even before the expiry of its term on the recommendation of the Prime Minister.
- The President nominates twelve members to Rajya Sabha from amongst persons having special knowledge in the field of literature, science, art, and social service. He may also nominate two members of Anglo-Indian community to the Lok Sabha in case that community is not adequately represented in the House.
- The President can call a joint sitting of the two Houses of Parliament in case of a disagreement between Lok Sabha and Rajya Sabha on a non-money bill.
- The President has the right to address and send messages to Parliament. The President addresses both Houses of Parliament jointly at the first session after every general election as well as commencement of the first session every year. These addresses contain policies of the government of the day.
- Every bill passed by Parliament is sent to the President for his/her assent. The President may give his/her assent or return it once for the reconsideration of the Parliament. If passed again the President has to give her assent. Without his/her assent no bill can become a law.
- The President may promulgate an ordinance when the Parliament is not in session.The ordinance so issued has the effect of a law. Such ordinance should be laid before both Houses of Parliament when they reassemble. If no action is taken, it automatically lapses six weeks after the commencement of the next session of Parliament.

Financial Powers

- All money bills are introduced in the Lok Sabha only with the prior approval of the President.
- The President has the control over Contingency Fund of India. It enables government to advance money for the purpose of meeting unforeseen expenses.
- Annual budget and railway budget are introduced in the Lok Sabha on the recommendation of the President.
- The President appoints the Finance Commission after every five years. It makes recommendations to the President on some specific financial matters, especially the distribution of Central taxes between the Union and the States.
- The President also receives the reports of the Comptroller and Auditor-General of India and has it laid in the Parliament.

Judicial Powers

- The President appoints the Chief Justice and other judges of the Supreme Court and High Courts, the Chief Justice of India is consulted in these appointments.
- He can seek advice from the Supreme Court on any question of.law or fact. However, the advice tendered by the Supreme Court is not binding on the President.
- The President also has various powers of Pardon, Reprieve, Remission, Respite and Commutation. The president enjoys legal immunity and is not accountable to any court of Jaw for anything done in the exercise of his official duties.

Diplomatic Powers

- All diplomatic work is conducted in his/her name (by the foreign office and Indian envoys abroad), and all international treaties are negotiated and concluded in his/her name.
- The President appoints India’s ambassadors and high commissioners in other countries and receives foreign ambassadors and high commissioners.

Military Powers

- The President is the Supreme Commander of the armed forces. He/she makes appointments of Chiefs of Army, Navy, and Air Force.
- Declares war or concludes peace, subject to the approval of the Parliament.

Emergency Powers

- It can be extended for an indefinite period with an approval of Parliament for every six months. The President of India can proclaim emergency in three conditions after getting the written recommend of the Cabinet.
(a) Emergencies caused due to war, external aggression or internal commotion or threat thereof.
(b) Emergencies arising owing to the failure of constitutional machinery in the States.
(c) Financial Emergency.

Position of President

- The President of India has been given wide and far-reaching powers which he enjoys both during normal and emergency times. But after the passing of the Constitution Forty-Second (1976) and Forty-Fourth (1978) Amendment Acts, the President has become a Constitutional figurehead and nothing beyond that.
- The President is bound to act on the advice of his Prime Minister and other Ministers who are responsible to the Lok Sabha and responsive to the public opinion.
- The real powers reside in the Ministry and the Parliament and not in the President as such. He has no discretion in our Parliamentary system of government.

Vice-President

- According to the Constitution of India, the office of the Vice President is the second highest constitutional post in India.
- The Vice President is the 'ex-officio' Chairperson of the Rajya Sabha.
- The office of the Vice President in India is complementary to that of the President, the Vice President takes over the role of the President in the latter’s absence.
- However, the office of the President and the Vice President cannot be combined in one person, as per the Constitution of India.

Qualification

- He/she must be a citizen of India.
- He/she must be over 35 years of age.
- He/she must not hold any office of profit.
- He/she must be qualified for election as a Member of the Rajya Sabha or the Council of States.

Salary

- The Vice President is entitled to receiving the salary of the Chairman of the Council of States, which presently amounts to Rs 1,25,000 per month.
- However, when the Vice President performs the functions of the President or discharges the duties of the President, in the latter’s temporary absence, he is entitled to the salary as well as special privileges of the President.
- The Vice President, unlike the President, is not entitled to any special emoluments and privileges during his term of office.
- However, when he discharges the duties of the President in the latter’s absence, the Vice President enjoys all the benefits that are enjoyed by the President, during that tenure.

Selection Process

- Like the election of the President, the election of the Vice President is indirect and in accordance with the system of proportional representation, through the concept of a single transferable vote by secret ballot. The electoral college, which consists of members of both houses of the Parliament, cast their votes to elect the Vice President. The members of the State Legislatures have no role to play in the election of the Vice President, unlike that of the President.
- Selection process steps:
• A Returning Officer who is appointed for the elections, sends out public notices issuing the date of election to the office of the Vice President. The elections for the same must be held within a period of 60 days of the expiry of the term of office of the previous Vice President.
• The nomination of candidates to the office of a Vice President must be affirmed by 20 electors (Members of Parliament) who act as proposers, and 20 electors who act as seconders.
• Each candidate must deposit a total of Rs 15,000 to the Reserve Bank of India, as part of the nomination process.
• The Returning Officer carefully scrutinizes and adds to the ballot, the names of all eligible candidates.
• The elections are then held by proportional representation by means of a single transferable vote. The nominated candidates can also cast their votes.
• The Returning Officer declares the results to the electoral college, the Central Government and the Election Commission of India, respectively.
• The name of the Vice President is then officially announced by the Central Government.

Term of Office

- The office of the Vice President is for a period of five years.
- There is no fixed retirement age to the Vice President.
- He/she can be re-elected as the Vice President for any number of times.
- The office of the Vice President can also terminate earlier before the fixed five-year term, either by resignation or by removal by the President.
- There is no formal process of impeachment for the removal of the Vice President, and a removal proceeding can be initiated when members of the Rajya Sabha vote against the Vice President in an effective majority and members of Lok Sabha agree to this decision in a simple majority.

Pension

- Although there is no particular fixed pension in the Constitution for the Vice President of India, according to the Vice President’s Pension Act of 1997, the pension of the Vice President is half of the salary that he/she is entitled to, during his term of office.

Powers and Functions

- The Vice President of India, after the President, is the highest dignitary of India, and certain powers are attached to the office of the Vice President. These are:
• The Vice President shall discharge the functions of the President during the temporary absence of the President due to illness or any other cause due to which the President is unable to carry out his functions.
• The Vice President shall act as the President, in case of any vacancy in the office of the President by reason of his death, resignation, removal through impeachment or otherwise.
• The Vice President shall take over the duties of the President until a new President is elected and resumes office.
• The Vice President is the ex-officio Chairman of the Council of States.
• When the Vice President acts as or discharges the functions of the President, he or she immediately ceases to perform the normal functions of being the Chairman of the Council of States.

Important Points about President and Vice President

- While the office of President is designed on the British model. The office of Vice-President is designed on the lines of American Vice-President.
- While the presidential candidate should be qualified to be a Lok Sabha MP, the Vice-Presidential candidate should be qualified to be a Rajya Sabha MP.
- While the president takes the oath of office to preserve, protect and defend the Constitution. The Vice President takes the oath of true faith and allegiance to the Constitution.

Prime Minister

- The Prime Minister of India is the head of the executive branch of the Government of India.
- His position is distinct from that of the President of India, who is the head of the State.
- As India follows a parliamentary system of government modelled after the Westminster system, most of the executive powers are exercised by the Prime Minister.
- He acts as an advisory to the President and is the leader of the Council of Ministers.
- The President appoints the Prime Minister of India and on his advice, appoints the Council of Ministers.
- The Prime Minister can be a member of either the Lok Sabha or the Rajya Sabha.

Qualification

- Be a citizen of India.
- Be a member of either the Lok Sabha or the Rajya Sabha.
- Should have completed 25 years of age if he is a member of the Lok Sabha or 30 years if he is a member of the Rajya Sabha.
- A person cannot be the Prime Minister of India if he holds any office of profit under the Government of India, the government of any state, or any local or other authority subject to the control of any of the said governments.

Powers

- The Prime Minister of India is the head of the Government. Though the President is the head of the State, most of the executive decisions are taken by the Prime Minister.
- All the important decision-making bodies in India, like the Union Cabinet and the Planning Commission, are run under his supervision.
- As far as the Prime Minister’s relation to the Council of Ministers is concerned, his position is that of “First among Equals”.
- In the case of death or resignation of the Prime Minister, the entire Council of Ministers has to resign.
- The ministers directly report to the Prime Minister.
- He can also remove a minister by asking for his resignation or having him dismissed by the President.
- If any difference of opinion arises between the Prime Minister and any other minister, the opinion of the Prime Minister prevails.
- The Prime Minister is the Leader of the House to which he belongs. He can also take part in debates in the House of which he is not a member.
- He can advise the President to dissolve the Lok Sabha.
- In international affairs, he is the spokesperson of the country.
- The Prime Minister plays a major role in directing India’s foreign policy.

Selection Process

- The Constitution states that the President of India should appoint the leader of the party or alliance which is in majority in the Lok Sabha as the Prime Minister of India.
- In case no party or alliance enjoys majority, the President appoints the leader of the largest party or alliance as the Prime Minister. But he has to win the confidence vote in the Lower House of the Parliament as early as possible.
- A member of either the Lok Sabha or the Rajya Sabha can be appointed as the Prime Minister. If he is not a member of either House of the Parliament then he has to be elected to either House within six months of his appointment.

Prime Ministers of India

List of Prime Ministers of India:

Deputy Prime Ministers of India

List of Deputy Prime Ministers of India:

 
SiteLock