The President, the Vice President & the Council of Ministers:
President: According to the provisions in our Constitution the Prime Minister ‘aid and advise’ the President. The Constitution gives all the executive powers of the Central Government to him but the real executive is the Council of Ministers and Prime Minister. President is only constitutional Head or the nominal executive. He is the Supreme Commander (Civil and Non-Civil). In England it is said about the King (or the Queen) that- he reigns, but does not rule. But the President of India neither reigns nor rules.
Qualifications of President of India:- Should be a citizen of above 35 years of age, qualified to become a Lok Sabha member and he should not hold any post of profit.
Election of President:-
1. He is elected indirectly by a body called an Electoral College. It consists of the only elected members of the state assemblies and thei Central Parliament. The President is elected through a process- ‘Single Transferable Vote System’.
“Any nominateed member of any house has no right of Casting his vote in the election of President.” Every member cast one vote but the value of the vote is more than one. All the members of the Electoral College are expected to indicate their preference by voting 1,2;3 against the names of Presidential Candidates. He wants to say that he is casting his vote in favour of the Candidates before whose name 1 is written but if he is not in the need of his vote, his vote is transferred to those for whom the voters has indicated second preference.
2. His name should be proposed and seconded as well by 50 members of Electoral College separately. Deposit money is
3. His term .is for five years but he can seek reelection for another term. Any person can become President for more than one time.
4. He is given oath by the Chief Justice of the Supreme Court of India. And oath of Chief Justice is administered by President.
Impeachment Process:- He can be removed only by a special procedure known as ‘Impeachment’. A President can be impeached for violation of the Constitution. For this one fourth of the total members of any house send the notice duly signed by them to the President. The Charges are contained in this notice 14 days later it is taken up for consideration by the house concerned. In the first phase the resolution than has to be passed by a two-thirds majority of the members of the house. The other house then investigates the charges. During this the President has the right of defend himself. He can take the help of a lawyer. If the second house passes the charges by a two-thirds majority again, the President is removed from the office. But no impeachment has taken place till today against any President.
Powers of the President:
A. Executive Powers:-
1. The President appoints the leader of the party that enjoys a majority in the Lok. Sabha as the Prime Minister in the Lok Sabha. He also appoints other members of the Council of Minister on the advice of the Prime Minister and divide their ministries. He can remove any Minister on the recommendation of the Prime Minister. The Council of Ministers remains in office during the ‘Pleasure’ of the President.
2. All government decisions have to go in the President’s name
3. The President has wide powers of appointment of State Governors, the Attorney General, Comptroller and Auditor General, the Chief Election Commissioner, Chairman and members of the Union Public Service Commission and Ambassadors to other countries.
4. The L.G. of Delhi is also appointed by the President and he is directly responsible to the President.
5. The Lieutenant Governors of all the Union Territories are also appointed by the President.
6. All international treaties are made in his name.
7. He is the Supreme Commander of the Defence Forces (Army, Navy and Air force). He declares war and makes peace with our countries.
B. Legislative Powers:-
1. The President summons the session of both houses of Parliament and prorogues them. He can dissolve as the Lok-Sabha. But Rajya Sabha never dissolves it is a permanent House.
2. The President can promulgate ordinances on the recommendation of the Council of Ministers (If the Parliament is not in session). These ordinances are submitted to the parliament at its next session. The ordinances remain valid for not more than six weeks from the date of the Parliament is convened unless approved by it even earlier.
3. President can nominate two Anglo-Indians if not elected in the elections of Lok Sabha. He also nominates 12 members for Rajya Sabha.
4. A bill that Parliament has passed can become law only after the President gives his assent.
C. Judicial Powers:-
1. He appoints the Chief Justice of Supreme Court and appoints the other Judges of Supreme Court in consultation with the Chief Justice of Supreme Court. He also appoints the Chief Justice of all the High Courts and other Judges. In this he consults the Chief Justice of India, the Chief Justice of High Court concerned and the Governor of the State concerned.
2. The President has the power to grant pardon or reduce the sentence awarded to a criminal.
D. Emergency Powers:-
The President can decide three types of Emergencies:-
1. Emergency Caused by War, Aggression or Armed Rebellion (Article 352):- Such a declaration must be approved by Parliament within one month and such emergencies can last for six months and Parliament must recommend it. Emergency can be extended if Parliament, agrees for another six months. Due to the declaration of emergency fundamental rights of the citizens may be curbed or suspended. The country is governed as if it were unitary (The powers of the states are transferred to the centre) state.
2. Emergency Caused by Constitutional Breakdown (Article-356):- The second type of emergency applies to the states. If a State Governor reports to the President that the government in the State cannot be carried on in accordance with the Constitution, the President can declare emergency in the State. It should be approved by the Parliament within one month.
Normally this kind of ‘President’s Rule’ can continue for six months. If Parliament approves, it can be extended for six months more. Parliament makes laws for the State and the Governor. administers the State in the name of the President.
3. Financial Emergency (Article 360):- If the President thinks that there is an economic situation in which the financial stability or the credit of India is threatened, he can declare a financial emergency with the approval of Parliament. All money bills passed by State Legislatures are submitted to the President. He can direct the states to observe certain principles relating to financial matters. He can temporarily reduce the salaries of all government officials, including judges of the Supreme Court and the High Court.
The Vice-President:- The Electoral College for the election of Vice-President is made up of all the members of both the houses. All his qualifications are just like those of a President. He is elected for a period of live years. The Vice-President is ex-officio Chairman of the Rajya. Sabha. Durmg the absence or illness of the President, The Vice-President performs the President’s functions. If the, President resigns or dies, the Vice-President officiates till a new President is elected, which must be done within six months.
The Council of Ministers:-
1. There remains a Council of Ministers, with the Prime Minister as its head to ‘aid and advise’ the President. The President must act on the advice of the Council of Ministers. The powers of the President are actually transferred to the Council of Ministers. Though truly said that the nominal executive is the President and the real executive is the Council of Ministers.
2. The Prime Minister is the chief advisor to the President and is the most powerful member of the Council of Ministers. In India, the Prime Minister is always the Chairman of the Planning Commission which supervises economic policies. The Council of Ministers has three types of Ministers:-
(i) Cabinet Ministers:- Those ministers who have control of the very important ministries are called the Cabinet Ministers.
(ii) Ministers of State:- These minister sometimes assist a Cabinet Minister or they may hold independent charge of a ministry.
(iii) Deputy Ministers:- These Ministers assist Cabinet Ministers and Ministers of State.
3. To become a minister a person should be the member of either Lok Sabha or Rajya Sabha. But a non-member can remain a minister not more than six months.
Collective Responsibility:- The Council of Ministers is collectively responsible to the Lok Sabha. If something goes wrong it is whole council which has to take the responsibility.
President: According to the provisions in our Constitution the Prime Minister ‘aid and advise’ the President. The Constitution gives all the executive powers of the Central Government to him but the real executive is the Council of Ministers and Prime Minister. President is only constitutional Head or the nominal executive. He is the Supreme Commander (Civil and Non-Civil). In England it is said about the King (or the Queen) that- he reigns, but does not rule. But the President of India neither reigns nor rules.
Qualifications of President of India:- Should be a citizen of above 35 years of age, qualified to become a Lok Sabha member and he should not hold any post of profit.
Election of President:-
1. He is elected indirectly by a body called an Electoral College. It consists of the only elected members of the state assemblies and thei Central Parliament. The President is elected through a process- ‘Single Transferable Vote System’.
“Any nominateed member of any house has no right of Casting his vote in the election of President.” Every member cast one vote but the value of the vote is more than one. All the members of the Electoral College are expected to indicate their preference by voting 1,2;3 against the names of Presidential Candidates. He wants to say that he is casting his vote in favour of the Candidates before whose name 1 is written but if he is not in the need of his vote, his vote is transferred to those for whom the voters has indicated second preference.
2. His name should be proposed and seconded as well by 50 members of Electoral College separately. Deposit money is
3. His term .is for five years but he can seek reelection for another term. Any person can become President for more than one time.
4. He is given oath by the Chief Justice of the Supreme Court of India. And oath of Chief Justice is administered by President.
Impeachment Process:- He can be removed only by a special procedure known as ‘Impeachment’. A President can be impeached for violation of the Constitution. For this one fourth of the total members of any house send the notice duly signed by them to the President. The Charges are contained in this notice 14 days later it is taken up for consideration by the house concerned. In the first phase the resolution than has to be passed by a two-thirds majority of the members of the house. The other house then investigates the charges. During this the President has the right of defend himself. He can take the help of a lawyer. If the second house passes the charges by a two-thirds majority again, the President is removed from the office. But no impeachment has taken place till today against any President.
Powers of the President:
A. Executive Powers:-
1. The President appoints the leader of the party that enjoys a majority in the Lok. Sabha as the Prime Minister in the Lok Sabha. He also appoints other members of the Council of Minister on the advice of the Prime Minister and divide their ministries. He can remove any Minister on the recommendation of the Prime Minister. The Council of Ministers remains in office during the ‘Pleasure’ of the President.
2. All government decisions have to go in the President’s name
3. The President has wide powers of appointment of State Governors, the Attorney General, Comptroller and Auditor General, the Chief Election Commissioner, Chairman and members of the Union Public Service Commission and Ambassadors to other countries.
4. The L.G. of Delhi is also appointed by the President and he is directly responsible to the President.
5. The Lieutenant Governors of all the Union Territories are also appointed by the President.
6. All international treaties are made in his name.
7. He is the Supreme Commander of the Defence Forces (Army, Navy and Air force). He declares war and makes peace with our countries.
B. Legislative Powers:-
1. The President summons the session of both houses of Parliament and prorogues them. He can dissolve as the Lok-Sabha. But Rajya Sabha never dissolves it is a permanent House.
2. The President can promulgate ordinances on the recommendation of the Council of Ministers (If the Parliament is not in session). These ordinances are submitted to the parliament at its next session. The ordinances remain valid for not more than six weeks from the date of the Parliament is convened unless approved by it even earlier.
3. President can nominate two Anglo-Indians if not elected in the elections of Lok Sabha. He also nominates 12 members for Rajya Sabha.
4. A bill that Parliament has passed can become law only after the President gives his assent.
C. Judicial Powers:-
1. He appoints the Chief Justice of Supreme Court and appoints the other Judges of Supreme Court in consultation with the Chief Justice of Supreme Court. He also appoints the Chief Justice of all the High Courts and other Judges. In this he consults the Chief Justice of India, the Chief Justice of High Court concerned and the Governor of the State concerned.
2. The President has the power to grant pardon or reduce the sentence awarded to a criminal.
D. Emergency Powers:-
The President can decide three types of Emergencies:-
1. Emergency Caused by War, Aggression or Armed Rebellion (Article 352):- Such a declaration must be approved by Parliament within one month and such emergencies can last for six months and Parliament must recommend it. Emergency can be extended if Parliament, agrees for another six months. Due to the declaration of emergency fundamental rights of the citizens may be curbed or suspended. The country is governed as if it were unitary (The powers of the states are transferred to the centre) state.
2. Emergency Caused by Constitutional Breakdown (Article-356):- The second type of emergency applies to the states. If a State Governor reports to the President that the government in the State cannot be carried on in accordance with the Constitution, the President can declare emergency in the State. It should be approved by the Parliament within one month.
Normally this kind of ‘President’s Rule’ can continue for six months. If Parliament approves, it can be extended for six months more. Parliament makes laws for the State and the Governor. administers the State in the name of the President.
3. Financial Emergency (Article 360):- If the President thinks that there is an economic situation in which the financial stability or the credit of India is threatened, he can declare a financial emergency with the approval of Parliament. All money bills passed by State Legislatures are submitted to the President. He can direct the states to observe certain principles relating to financial matters. He can temporarily reduce the salaries of all government officials, including judges of the Supreme Court and the High Court.
The Vice-President:- The Electoral College for the election of Vice-President is made up of all the members of both the houses. All his qualifications are just like those of a President. He is elected for a period of live years. The Vice-President is ex-officio Chairman of the Rajya. Sabha. Durmg the absence or illness of the President, The Vice-President performs the President’s functions. If the, President resigns or dies, the Vice-President officiates till a new President is elected, which must be done within six months.
The Council of Ministers:-
1. There remains a Council of Ministers, with the Prime Minister as its head to ‘aid and advise’ the President. The President must act on the advice of the Council of Ministers. The powers of the President are actually transferred to the Council of Ministers. Though truly said that the nominal executive is the President and the real executive is the Council of Ministers.
2. The Prime Minister is the chief advisor to the President and is the most powerful member of the Council of Ministers. In India, the Prime Minister is always the Chairman of the Planning Commission which supervises economic policies. The Council of Ministers has three types of Ministers:-
(i) Cabinet Ministers:- Those ministers who have control of the very important ministries are called the Cabinet Ministers.
(ii) Ministers of State:- These minister sometimes assist a Cabinet Minister or they may hold independent charge of a ministry.
(iii) Deputy Ministers:- These Ministers assist Cabinet Ministers and Ministers of State.
3. To become a minister a person should be the member of either Lok Sabha or Rajya Sabha. But a non-member can remain a minister not more than six months.
Collective Responsibility:- The Council of Ministers is collectively responsible to the Lok Sabha. If something goes wrong it is whole council which has to take the responsibility.
