indian polity book series 15

Indian Polity - President's Powers and Impeachment & Central Government Continued

* To whom should the President of India submit his resignation letter? (3) (AP Constable Prelims-2016)
1) Prime Minister of India
2) Chief Justice of Supreme Court
3) Vice President of India
4) Lok Sabha Speaker

Article 57: Re-election

Constitutionally, the President can be elected for any number of terms.

Nehru proposed the tradition of not contesting for President more than twice. Bhupesh Gupta, an advisor to this, introduced a bill on April 1, 1961.

Usually only for two terms.

President who served twice - Rajendra Prasad.

Article 58: Qualifications

• Must be a citizen of India.
• Must be 35 years of age.

  Note: There is no maximum age limit.

• Must have the qualification to be elected as a member of Lok Sabha.

  Note: Not required to be a member of Lok Sabha.

• Should not hold any office of profit. 58(2)
  • 50 members of the electoral college should propose. Another 50 members of the electoral college should endorse.
  • Rs. 15,000 deposit should be paid. It will not be refunded to those who are defeated.
• No minimum educational qualification.
• Must be mentally healthy. Should not be bankrupt.
• The President shall not hold any other office of profit - 59(2).
• President - Vice President Elections Amendment Act 1997.
• President - Vice President Elections Rules first amended in 1997.

Article 59: Salaries and Allowances

• President's salary is decided by Parliament.
• Paid from the Consolidated Fund of India.
• President's salary is not under the purview of IT. That is, no tax is payable on this income.
• President's salary shall not be reduced even during emergency.
• President's salary per month - Rs. 5,00,000.
• President's salary per annum - Rs. 60 Lakhs.
• Pension per month - Rs. 2,50,000.
• Residence - Rashtrapati Bhavan.
• Rashtrapati Bhavan is built in 321 acres in 130 hectares.
• Architect of Rashtrapati Bhavan - Edwin Lutyens (1921).
• Ancient name of Rashtrapati Bhavan - Viceroy Legal Lodge (or) Palace
• First Viceroy to reside in Rashtrapati Bhavan - Irwin.
• Name suggested for Rashtrapati Bhavan - Babu Rajendra Prasad (1950)
• Garden in Rashtrapati Bhavan - Mughal Gardens
• President's Summer Retreat - Shimla
• President's Winter Retreat - Bolaram (Telangana)
• Official Vehicle - Benz Pullman Guard
• Official Aircraft - Boeing Air India' AIC 001
• No decision taken by the President in the performance of his duty shall be questioned.
• Criminal cases cannot be filed against the President during his term.

  Note: Civil cases can be filed with 2 months prior notice.

Article 60: Oath of Office

The President is sworn in by the Chief Justice of the Supreme Court. In the absence of the Chief Justice, the Senior Judge of the Supreme Court administers the oath.

“------- I, who am to be appointed President of India, swear in the name of God or solemnly affirm that I will preserve, protect and defend the Constitution and the law, as long as I continue as President of India” - should be sworn in.

Article 61: Impeachment Motion / "Impeachment Resolution"

Removal of the President can be done by passing an impeachment resolution.

This method is adopted from the US Constitution.

This is a quasi-judicial method.

Impeachment motion can be introduced against the President for violation of the Constitution.

Impeachment motion can be introduced in either House of Parliament first.

• Notice should be given to the Speaker of the House 14 days in advance with the signatures of 1/4th of the members.
• After discussion, the first House must approve it with a 2/3 majority of the total members.
• Then the second House shall conduct an inquiry either on its own or through a committee.
• The President may appear and be represented by counsel during the investigation.
• The second House must also approve with a 2/3 majority.
• Both Houses must approve separately with a 2/3 majority.
• There is no provision to convene a joint sitting of both Houses.
• The President shall be removed from office from the date the second House passes the resolution.
• So far, no President of India has been removed by impeachment resolution.
• In 1971, an impeachment motion was introduced against V.V. Giri but was later withdrawn.
• The President may continue in office during the impeachment investigation.
• Nominated members in both Houses of Parliament who do not have voting rights in presidential elections participate in the removal process.
• Legislators of states and union territories who are members of the electoral college do not participate in the presidential removal process.
• How many Presidents have been noticed so far for impeachment motion. - 3 (Till 22.8.18 / Neelam Sanjiva Reddy / Gyani Zail Singh)

Article 62:

If the office of President falls vacant, a new President must be elected within 6 months.

Presidential Powers

Normal Powers

• Executive Powers
• Legislative Powers
• Judicial Powers
• Financial Powers
• Diplomatic Powers
• Military Powers
• Discretionary Powers

Emergency Powers

• National Emergency
• President's Rule
• Financial Emergency

Executive Powers:

Article 53:

• The President shall exercise his executive functions either directly or through officers subordinate to him. Makes many appointments for his executive functions.
• Appoints the leader of the majority party in the Lok Sabha as the Prime Minister. - Article 75(1)
• Appoints the Council of Ministers on the advice of the Prime Minister. - Article 75(1)
• Appoints the Attorney General - Article 76(1)
• Appoints the Comptroller and Auditor General (CAG) - Article 148
• Appoints the Chief Justice of the Supreme Court and other Supreme Court Judges. - Article 124
• Appoints State Governors - Article 155
• Appoints High Court Chief Justice and other Judges - Article 217
• Appoints UPSC Chairman - Article 316
• Appoints Chief Election Commissioner and Election Commissioners - Article 324(2)
• Appoints SC, ST Commission Chairpersons - Articles 338, 338A
• Appoints Indian Ambassadors and Diplomats.
• Appoints Lieutenant Governors of Union Territories. - Article 239
• Appoints the Chairman of the Finance Commission - Article 280
• Sets up the Inter-State Council - Article 263
• Appoints the Chairman of the Central BC Commission - Article 340
• Appoints the Chairman of the Central Administrative Tribunal. - Article 323A
• Appoints Special Officer for Minority Protection. - 350 B
• Has the power to know the decisions of the Central Council of Ministers - Article 78

* If a state bill is sent to the President for approval, consider the following explanations regarding the President's powers. (1) (TS LPRBT-2018)
a) The President may sign the bill
b) The President may return the bill to the State Legislature for reconsideration
c) The State Legislature shall reconsider in accordance with the President's suggestion within 6 months.
d) If the State Legislature passes the bill again with or without amendments, the President must sign it.
Select the correct answer.

1) a, b and c only 2) a, b and d only 3) b, c and d only 4) a and c only

Legislative Powers:

According to Article 79, the President is an integral part of Parliament. Not a member of either House. However, has the following powers.

• Prior permission is given for the bills for formation of new states - Article 3
• Nominates 12 eminent members to the Rajya Sabha. - Article 80(3)
• Nominates two Anglo-Indians to the Lok Sabha. - Article 331
• Power to convene (summon) both Houses of Parliament. - Article 85(1)
• Power to prorogue the sessions (prorogue). - Article 85(2)
• Power to send messages to the House - Article 86
• Has the power to address Parliament. Article 87
• Appoints temporary chairpersons to the Rajya Sabha. - Article 91(1)
• Appoints temporary chairpersons to the Lok Sabha. - Article 95(1)
• Decides on the disqualifications of Members of Parliament - Article 103

  Note: Under the Anti-Defection Law, the Speaker decides on the disqualification of Members of Parliament.

• Convenes a joint sitting of both Houses. - Article 108

  Note: The Speaker of the Lok Sabha presides over the joint sitting of both Houses.

• Gives prior permission for Money Bills - Article 109
• Approves the bills passed by both Houses - Article 111
• Gives prior permission to introduce the Annual Financial Statement (Budget) in Parliament - Article 112
• Gives prior permission for Financial Bills - Article 117
• Issues Ordinances when the House is not in session. - Article 123

  Ordinance Maximum Period

  7 ½ Months / 6 Weeks + 6 Months / 222 Days

  Ordinance must be approved by Parliament within 6 weeks of assembly. It has a time limit of six months.

  Note: Power to issue Ordinance is not an alternative to legislative power. Not parallel. Just related power.

• Approves (or) rejects state bills sent by State Governors - Article 201

  Note: If the President rejects the bill, the State Legislature shall reconsider it within 6 months in accordance with the President's suggestions.

• Approves Constitutional Amendment Bills - Article 368

President - Veto Power

• * Veto - Latin word.
• Veto means to reject.
• Alternatives available to the President under Article 111 -
  1. 1) May approve
  2. 2) May reject
  3. 3) May send for reconsideration
  4. 4) May remain silent
• Veto Powers - Veto powers were granted to the President of India through the 44th Amendment in 1978.

Types of Veto Powers:

Veto word is not in the Constitution.

In modern democracy, there are the following veto powers.

1. Absolute Veto: Can reject.

   President may use absolute veto in the following circumstances.

   1. a) In case of Private Member Bill
   2. b) If the Council of Ministers has approved a bill with the President, and if the Council of Ministers is dissolved and the new Council of Ministers advises not to approve it.
   3. c) If the Governor sends a bill passed by the State Legislature to the President under Article 200, the President may reject it.
2. Qualified Veto: If the President returns a bill passed by Parliament, and if the same bill is returned by Parliament with a 2/3 majority, it must be approved.

   ☆ This 'power' is vested in the US President.

   * Qualified veto power is not vested in the President of India.

3. Suspensive Veto: If the President returns a bill passed by Parliament for reconsideration, and if Parliament resends it with a simple majority, the President must approve it.

   Ex: Abdul Kalam returned the Dual Office Bill-2006.

4. Pocket Veto: Postponing the decision indefinitely without approving or returning the bill passed by Parliament and sent to the President.

   Ex: In 1986, Gyani Zail Singh pocket vetoed the Postal Bill.

Bills that cannot be vetoed:

• Constitutional Amendment Bill
• Money Bills
• State Reorganization Bills
• Financial Bills
• Budget (Annual Financial Statement)

* Proposition (A): The President cannot send a Money Bill back to Parliament.
Reason (R): Money Bill is introduced in the Lok Sabha with the permission of the President. (1) (Telangana Constable Prelims-2016)
1) Both (A) and (R) are true and (R) is the correct explanation for (A)
2) Both (A) and (R) are true but (R) is not the correct explanation for (A)
3) (A) is true but (R) is false
4) (A) is false but (R) is true

Judicial Powers:

Article 72: Clemency

• Clemency - Pardon (Pardon)
• Remission (Remission) - Reducing the sentence period
• Commutation (Commutation) - Changing the nature of punishment
• Reprieve (Reprive) - Postponement of execution of sentence
• Respite (Respite) - Temporary relief from punishment

Note: President's clemency power is subject to judicial review.

• May seek the opinion of the Chief Justice of the Supreme Court in constitutional, legal, and public affairs. - Article 143
• Appoints the Chief Justice of the Supreme Court and Judges. - Article 124
• Appoints High Court Chief Justices and Judges. - Article 217
• * Removes judges in accordance with Parliament's decision.
• Transfers High Court Judges.

Financial Powers:

• Prior permission for Money Bills - Article 109
• Prior permission for Financial Bills - Article 117
• Prior permission for Annual Financial Statement (Budget) - Article 112
• To set up the Finance Commission - Article 280
• Contingency Fund (Contingency Fund) to sanction advance for emergency expenses is under the control of the President. - Article 267
• President's permission is mandatory for foreign loan collection.
• President's permission is mandatory for new taxes and new loans.
• CAG report is placed before Parliament. - Article 151

Military Powers:

• Supreme Commander (Commander-in-Chief of the three armed forces) - Article 53(2)
• Has the power to declare war and make peace treaties.

  Note: The above power is subject to Parliament's decision.

• Controls the Defense Minister and Defense Department officials.

Diplomatic Powers:

• Appoints representatives to the United Nations.
• Appoints diplomats.
• Admits foreign ambassadors to our country.
• Representative for international affairs. - President

Discretionary Powers:

• Has suspensive veto, pocket veto powers.
• President exercises his discretionary power in the formation of a coalition government when no party gets a clear majority.
• Dissolves the Lok Sabha if he feels that there is no proper majority.

Some occasions when the President exercised his discretionary powers:

1. Occasion - 1: In 1979, when Prime Minister Morarji Desai resigned, President Neelam Sanjeeva Reddy used his discretionary power and gave an opportunity to the then Deputy Prime Minister Charan Singh. But Charan Singh could not prove majority and resigned in just 23 days.

   Note: Prime Minister who never stepped into Parliament - Charan Singh.

2. After Charan Singh, even though Babu Jagjivan Ram showed interest in forming an alternative government, President Neelam Sanjeeva Reddy dissolved the Lok Sabha with his discretionary power without giving an opportunity to Jagjivan Ram.
3. Occasion - 2: In the 1989 elections, even though no party got a clear majority, Rajiv Gandhi, who emerged as the largest party, was invited to form the government. Rajiv Gandhi declined. Then President R. Venkataraman used his discretionary power and invited V.P. Singh, leader of the National Front coalition, to form the government.
4. Occasion - 3: In 1996, even though there was no clear majority, President Shankar Dayal Sharma used his discretionary power and invited Vajpayee to form the government. But Vajpayee resigned in 13 days.

   Note: Prime Minister who served the shortest term in a term - Vajpayee.

Other Powers:

• Appoints the Chairman and members of the Human Rights Commission.
• Appoints the Central Vigilance Commissioner.
• Appoints the Central Information Commissioner.
• Appoints Lokpal.
• Appoints PTI Chairman.
• Appoints Prasar Bharati Chairman.
• The President alone has the power to remove the following officers appointed by the Governor.
  • * State Election Commissioners.
  • * Chairman and members of the State Public Service Commission.
  • * Lokayukta
• The President has the power to declare tribal areas.

Emergency Powers:

Emergency powers are in Part 18 of the Constitution.