Central Government - Executive Branch (President)
=> The position of the President of India is similar to that of the British Queen.
=> President of India:
- Head of the State.
- Head of the Indian Constitution.
- Head of the Central Executive Body.
- Supreme Commander of Indian Army.
- First citizen in India.
=> Chapter 5 of the Indian Constitution, Part 1 - Articles 52 to 62 - provide basic information about the President of India.
Article 52:
There shall be a President of India.
Article 53:
The Constitution vests the executive powers of the Union in the President.
Article 53(1):
The executive powers of the Union shall be exercised by the President either directly or through officers subordinate to him.
Note:
Article 74(1):
There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions.
=> In reality, the President is a nominal executive (De Jure Authority) in the central government.
Page 2
=> The Prime Minister (at the center) is the real executive authority (De Facto Authority).
Article 53(2):
The President is the Supreme Commander of the Indian Armed Forces.
=> The Indian Army is composed of three wings (Tri-Services):
- Army.
- Navy.
- Air Force.
Note:
Each wing of the military has a Chief, and there is also a Chief of Staff for all three forces.
=> Chief of Defence Staff position was created in 2019.
=> The President is the Boss of all these chiefs.
=> The President has the power to grant pardon for sentences imposed by military courts.
=> Military honors and awards are presented by the President.
Article 53(3):
The Parliament shall not make law that vests executive functions of the Union in the President.
=> The Parliament may make law vesting executive functions in any other authority besides the President.
Page 3
Article 54:
The President is elected.
=> The members who elect the President are called members of the Presidential Electoral College.
Members of the Presidential Electoral College:
- Elected members of Parliament (Nominated members are not included).
- Elected members of State Legislative Assemblies.
- Elected members of Legislative Assemblies of Union Territories.
Note:
In the original Constitution, there was no provision for members of Union Territories to elect the President.
=> In the 70th Constitutional Amendment of 1992, provision was made for members of Union Territories to elect the President.
=> This amendment came into force in 1995.
=> Members of Union Territories exercised their right to vote for the first time in the 1997 Presidential election.
=> The Election Commission of India conducts the Presidential elections.
=> The Returning Officer for Presidential elections is the Secretary General of Rajya Sabha.
Ex:
In the 2012 Presidential election, the Secretary General of Lok Sabha acted as Returning Officer.
In the 2017 Presidential election, the Secretary General of Lok Sabha acted as Returning Officer.
Page 4
In the 16th Presidential election to be held in 2022,
Returning Officer: Secretary General of Lok Sabha - Pramod Chandra Modi.
Article 55:
The Method of Presidential Election.
=> Proportional Representation by Single Transferable Vote System.
(Proportional Representation by single transferable vote.)
=> This system is borrowed from the Swiss Constitution.
=> Key aspects of this system:
- Calculating the vote value of Electoral College members (based on the 1971 census).
- Preferential voting.
- Quota of votes (50% + above).
- Counting of second preference votes if no candidate secures the quota in the first count.
Note:
The Presidential election system is an indirect system, but it is almost equivalent to a direct system.
H.V. Kamath, K.T. Shah demanded in Rajya Sabha that the Presidential election system should be in direct system.
=> In the Presidential election, the votes of MPs are equal.
(Value of each MP vote is 708 votes).
The vote value of MLAs of states is not equal.
Examples:
UP - MLA vote value - 208 votes, AP - 159 votes, TS - MLA - 132 votes.
Page 5
Sikkim - MLA vote value - 7.
=> 15 Presidential elections have been held so far.
The 15th Presidential election was held in 2017.
Candidates:
Ram Nath Kovind (Votes obtained: 65.65%)
Vs
Meira Kumar (34.35%)
=> The 5th Presidential election in 1969 was significant.
In this election, for the first time second preference votes were counted and the President was elected.
(V.V. Giri),
=> The Presidential election system is called Hare system.
Article 56:
Term of Office - 5 years.
Note:
If the office of the President falls vacant for any reason before the completion of 5 years,
the Vice President acts as the temporary President.
(Acting President).
=> If both the positions of President and Vice President become vacant at the same time,
the Chief Justice of the Supreme Court will act as the temporary President.
=> Temporary President who has served: S.C.C.J Justice M. Hidayatullah.
=> According to the 1969 President and Vice-Presidential Responsibilities Act,
Supreme Court CJ will continue as temporary President.
Page 6
=> The President should submit his resignation to the Vice President.
And should also send a resignation letter to the Lok Sabha Speaker.
=> The Lok Sabha Speaker accepts the President's resignation.
=> If the position of Vice President is vacant when the President intends to resign,
the resignation should be submitted to the S.C.C.J in the name of the Vice President.
=> In this situation also, the Lok Sabha Speaker accepts the resignation.
=> In this context also, the Speaker and PM should jointly give an explanation.
=> Situations in which the office of the President becomes vacant:
- Resignation.
- Removal.
- Long-term absence or illness.
- Death.
Article 57:
Eligibility for Re-election.
=> A person who has held office as President is eligible for re-election to that office.
=> The Indian President can be elected any number of times.
=> In 1961, Bhupesh Gupta, then a member of Rajya Sabha, introduced a Private Bill in Parliament to amend the Constitution to restrict the Presidential term to 2 terms.
But this was rejected by the government.
Page 7
Article 58:
Qualifications.
- Must be a citizen of India.
- Must have completed 35 years of age (not less than 36 years).
- Must be qualified to be a member of Lok Sabha.
- Must possess other qualifications prescribed by Parliament law.
Article 59:
Conditions of Office, Emoluments, and Allowances.
- Must not be a Member of Parliament or State Legislature.
- Must not hold any office of profit.
- Must not be of unsound mind.
- Must not be bankrupt.
- Protection of Civil Rights Act, 1955.
- Representation of the People Act, 1951.
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - not disqualified.
- Indian Citizenship.
Conditions:
A candidate contesting for President must deposit ₹15,000 with RBI.
If a candidate fails to secure 1/6th of the total votes polled?
The Deposit is forfeited.
A candidate contesting for President's office, the nomination must be proposed by at least 50 electors.
And seconded by 50 electors.
Page 8
Emoluments and Allowances
Are determined by Parliament through law.
Present Monthly Salary: ₹5,00,000
Other allowances are available.
Pension is received after completion of the term.
Constitutional security is provided for the President's emoluments and allowances.
Parliament cannot reduce the emoluments and allowances of the President who is in office.
Even during financial emergencies, the government cannot reduce them.
Article 60:
Oath or Affirmation.
The oath is administered by the Chief Justice of the Supreme Court.
The oath is to preserve, protect and defend the Constitution.
Article 61:
Procedure for Impeachment.
=> Impeachment procedure exists.
=> Parliament has the power to impeach.
=> The President can be impeached through a motion of impeachment by Parliament.
=> This procedure is borrowed from the American Constitution.
=> This resolution is for violation or transgression of the Constitution by the President.
Page 9
=> This resolution for impeachment can be introduced in either House of Parliament.
Lok Sabha (or) Rajya Sabha.
=> In whichever House the resolution is first introduced,
at least 14 days prior notice must be given to the presiding officer of that House.
And the resolution to be introduced must have the support of at least 1/4th of the members of that House.
=> Voting - Noting - Voting should happen.
When the resolution is passed by a 2/3rd majority of the total members in the first House,
it is introduced in the Second House. The presiding officer of the second house
(or) Enquiry commission will conduct an investigation into the charges.
The President has the right to appear and be represented during the investigation.
In the Second House also, if the resolution is passed by at least 2/3rd of the total members,
then the President is impeached.
The resolution will be cancelled if not approved.
=> No President has been impeached so far.
In 1971, the XV Lok Sabha Parliament attempted impeachment,
but did not get approval.
=> Neelam Sanjeeva Reddy, Giani Zail Singh - when they were serving as Presidents,
it was decided to introduce the resolution. But it was not introduced.
Page 10
Article 62:
Time of Elections for New President.
=> The process for election of a new President should be initiated at least 15 days before the expiry of the term of the incumbent President.
If the office of the President falls vacant before the expiry of the term,
Presidential election must be completed within 6 months.
If the term of office of the President expires, even if the election of the new President is not completed,
(or) even if the elected person does not assume office,
the President who has completed his term may continue in office. This is called "Interregnum".
Article 70:
Discharge of President's functions in other contingencies, not mentioned in the Constitution.
If contingencies arise not mentioned in the Constitution, Parliament may make law to resolve them.
Ex: 1969.
Article 71:
Matters Relating to the Election of President and Vice-President.
Disputes related to the elections of President, Vice-President are to be inquired into by the Supreme Court.
Note:
Through the 42nd Constitutional Amendment (1976), the power to inquire into Presidential and Vice-Presidential election disputes was vested in the Parliament.
In 1978, through the 44th Constitutional Amendment, the power to inquire into disputes was re-vested in the S.C.
1997: Presidential and Vice-Presidential Elections Amendment Act - introduced following provisions.
Page 11
=> Election petition regarding Presidential election should be filed in the Supreme Court within 30 days of the completion of the election process.
=> Only a candidate who contested the election or a member of the Electoral College is eligible to file a petition.
=> The petition must be signed by at least 20 members of the Electoral College.
=> S.C. decision is final. If the election is declared invalid, the actions taken by the President until then remain valid.
Note: Controversy regarding Presidential election method - V.V. Giri's election.
Presidential Powers
Categories of Powers:
- Executive Powers.
- Legislative Powers.
- Financial Powers.
- Judicial Powers.
- Military, Diplomatic Powers.
- Emergency Powers.
Note: There is no formal classification of powers in the Indian Constitution.
All powers are provided to the President as Executive Powers.
Page 12
=> 53(1) Article - President is the executive head of the Union.
=> 75(1) Article - PM, Union Ministers are appointed by the President.
=> 76(1) Article - President appoints the Attorney General.
=> 124 (2) - President appoints S.C. Judges.
=> 148 - President appoints CAG.
=> 155 - President appoints Governors (of states).
=> 217 - President appoints High Court Judges.
=> 239 - President appoints Lieutenant Governors of UTs.
=> 239(AA) - President appoints UT CM, Ministers.
=> 316 - President appoints UPSC Chairman and Members.
=> 324 - President appoints Election Commissioners.
=> 338 - President appoints National Commission for Scheduled Castes Chairman, Members.
=> 338(A) - President appoints ST Commission Chairman, Members.
=> 338(B) - President appoints National BC Commission Chairman, Members.
=> 340 - President appoints National Backward Classes Commission.
=> 344 - President appoints Official Language Commission.
Page 13
79 - Indian Parliament means President, Rajya Sabha & Lok Sabha.
80(3) - President nominates 12 members to Rajya Sabha.
85(1) - President summons (convenes) Parliament sessions.
Note: As per the Constitution, Parliament sessions should be held at least 2 times a year.
And the interval between 2 consecutive sessions should not exceed 6 months.
85(2a) - President prorogues Parliament sessions.
85(2b) - Power to dissolve Lok Sabha.
86 - President addresses Parliament, sends messages.
87 - Special Address by the President in following circumstances:
- First session after general elections.
- First session of every year.
91(1) - President appoints temporary Deputy Chairman to Rajya Sabha as per procedure.
95(1) - President appoints Pro-tem Speaker to Lok Sabha.
99 - President has the power to administer oath to MPs.
Page 14
103 - Based on the recommendations of the Central Election Commission, the President has the power to disqualify a Member of Parliament.
108 - President convenes Joint Sitting of both Houses of Parliament.
123 - When Parliament is not in session, if there is a need to make a law, the President promulgates Ordinances.
These Ordinances must be approved within 6 weeks from the date of commencement of Parliament sessions, or they lapse.
Note: An Ordinance issued by the President has the same force as an Act of Parliament.
The maximum period for which an Ordinance can remain in force is 7½ months (224 days).
111-Article - Presidential Veto power over Bills.
- Absolute Veto.
- Suspensive Veto.
- Pocket Veto.
Financial Powers:
112 Article
According to this, the Union Budget must be presented in Parliament with the prior recommendation of the President.
117
Financial Bills require the recommendation of the President for introduction in (Lok Sabha).
Page 15
267(1) Article
According to this, the Contingency Fund of India is under the control of the President.
280 Article
The President appoints the Finance Commission.
281 Article
The Finance Commission submits its report to the President.
151 Article
CAG submits its report to the President. And this report must be laid before Parliament by the President.
320-323
UPSC submits its report to the President. And this report must be laid before Parliament.
Judicial Powers
72 Article
In India, the power to grant pardon is vested in the President.
- Pardon - To completely cancel the punishment.
- Commutation - To change the punishment to a lighter one.
Ex: Changing death sentence to life imprisonment. - Remission - To reduce the period of punishment.
- Respite - To cancel (or) change (or) reduce (or) postpone the punishment due to special reasons.
- Reprieve - To postpone the date of execution of the punishment.
Page 16
Note: The President exercises the power of pardon based on the decision of the Prime Minister and the Council of Ministers.
The President and Governors have pardon powers, but only the President has the power to pardon death sentences.
Gour Venkat Reddy V/s AP state - S.C. can judicially review the President's power of pardon.
Be Case - S.C. Judicial review of pardon power.
Military Powers
53(2)
- Supreme Commander of Indian Army.
The President alone has supreme command over the defense forces.
Diplomatic Powers
=> President sends and receives diplomats of various countries.
=> Ambassadors, High Commissioners who are appointed to India, and Indian representatives appointed to foreign countries work under the authority of the President of India.
Emergency Powers
These are borrowed from the "Germany" Constitution.
1) National Emergency (Article 352) - Cabinet's written recommendation is mandatory to declare National Emergency by the President due to following reasons:
- War.
- External Aggression.
- Armed Rebellion.
Page 17
Reasons:
- Foreign aggression. (War with foreign countries).
- Internal disturbances, currently Armed Rebellion.
Types of National Emergency
- External National Emergency - Foreign Aggression / War.
- Internal National Emergency - Armed Rebellion.
Approval:
National Emergency declared by the President, requires approval of Parliament within one month with a special majority.
If approved, it continues for 6 months. Subsequently, it must be approved by the Parliament to continue.
The maximum duration is indefinite.
Note: When Emergency is imposed, if the Lok Sabha is dissolved before approval,
the Emergency proclamation lapses unless the Rajya Sabha approves it,
and the Lok Sabha approves within 1 month of its re-constitution.
Impact
- Parliament gains the power to make laws on the State List.
- Fundamental Rights are suspended, except Articles 20, 21.
- External Emergency suspends only Fundamental Rights related to freedom of speech.
- Suspension of FRs needs Parliament approval within 1 month.
- Article 19 (freedom of speech) rights are immediately suspended.
Page 18
1978 - 44th Constitutional Amendment Act
13-5-2022
=> 44th Amendment made changes to National Emergency provisions.
Amendments made:
- Cabinet's written recommendation is mandatory.
- 1 month time limit and special majority for Parliament approval.
- External Emergency does not suspend all Fundamental Rights.
- Suspension of F.R. needs Parliament approval within 1 month.
- Suspension of Articles 20, 21 is prohibited.
- Lok Sabha can revoke National Emergency by a resolution.
Procedure to Revoke:
Notice to Lok Sabha Speaker.
Special session of Lok Sabha will be convened.
In that session, if Lok Sabha passes a resolution with a simple majority,
the National Emergency will be revoked.
National Emergency - Imp Points
- External Emergency does not automatically suspend F.R.s.
- F.R. suspension is not automatic.
- Emergency declaration is subject to S.C.'s judicial review.
Page 19
- Emergency declaration does not limit High Court's writ jurisdiction (except for Habeas Corpus).
Note: A.D.M. Jabalpur (VS) S.K. Shukla case. During National Emergency, Habeas Corpus writ cannot be issued, as stated by S.C.
In later cases, S.C. clarified that Habeas Corpus writ can be issued in areas under military rule.
Because F.R.s are suspended only to a limited extent, but in military rule, F.R. suspension is total.
National Emergency - 3 times
| # | Year | Reason | President | Prime Minister |
|---|---|---|---|---|
| I | 1962 - 68 | China's Aggression > External Emergency | Sarvepalli Radhakrishnan | Nehru |
| II | 1971 - 77 | Bangladesh Issue Pakistan War | V.V. Giri | Indira Gandhi |
| III | 1975 - 77 | Internal Disturbance Internal Emergency | Fakhruddin Ali Ahmed | Indira Gandhi |
Page 20
State Emergency (President's Rule) (State Emergency) - 356 Article
Declaration:
If the constitutional machinery fails in any state, the President, based on the report of the Governor or otherwise,
usually on the advice of the Prime Minister and Council of Ministers, proclaims President's Rule in that state.
Failure of Constitutional Machinery - Recommendations:
S.R. Bommai (1994) case - In the case of constitutional crisis, S.C. gave the following explanations:
- Breakdown of law and order in the state.
- After legislative assembly elections, no government formation, lack of majority to form government.
- CM loses majority support.
- State government defies Central directives.
- State government deliberately acts against the Constitution (Article 355 violation).
- State ministers deliberately create divisive situations or fail to control them.
Note: S.R. Bommai V/s State of Karnataka (1994) case.
S.C. stated that President's Rule should be imposed only for the above reasons.
It delivered a judgment on federalism, secularism, basic structure of the Constitution.
=> President's Rule can also be judicially reviewed by courts.
S.C. stated that it can be revoked through judicial review.
Page 21
Ex:
In Uttarakhand, when the President's Rule was imposed by the Centre,
Uttarakhand H.C. revoked it.
Parliamentary Approval
If the President proclaims President's Rule, it must be approved by both Houses of Parliament separately with a simple majority within 2 months.
(2 months time limit)
If approved by Parliament, it continues for 6 months.
Subsequently, it can be extended up to 3 years with Parliamentary approval every 6 months.
If Parliament does not approve, the President's Rule lapses.
If Lok Sabha is dissolved, Rajya Sabha approval is sufficient initially, and Lok Sabha approval is required within 30 days of re-constitution.
Impact
- 1. Impact on State Executive - President's Rule impacts the state executive branch.
- When President's Rule is imposed, the Chief Minister and Council of Ministers are dismissed.
- The Governor, aided by advisors, administers the state under the directions of the Central government.
- 2. Impact on State Legislature - The State Legislative Assembly can be suspended or dissolved by the President.
- Parliament legislates on the State List.
Page 22
- 3. Impact on Judiciary - There is no impact on the High Court or subordinate courts.
India - President's Rule
=> First time imposed in 1951 in Punjab.
=> Longest duration - Punjab state (5 years) 1987-1992.
Page 23
=> Highest number of times - U.P. state (9 times) imposed.
=> Highest number of times consecutively - Manipur (10 times) region was imposed.
Manipur, Kerala, Punjab - longest durations.
When Manipur was a state, it was imposed (7 times).
=> States where President's Rule has never been imposed so far - Chhattisgarh, Telangana.
In undivided AP, it was imposed 2 times,
- 1973
- 2014.
=> Shortest period of President's Rule - Karnataka - (week).
=> Last instance of President's Rule - J&K.
Financial Emergency (Article 360)
Declaration:
If financial stability of India is threatened, the President, on the recommendation of the Prime Minister and Council of Ministers, proclaims Financial Emergency.
Parliamentary Approval
The proclamation of Financial Emergency must be approved by Parliament within 2 months with a simple majority.
If approved, it continues indefinitely until revoked.
Page 24
Impact
=> There is no impact on the general administration of the Centre and State.
=> Impact on Centre-State financial relations (264 - 290 Articles) -
=> State governments, while preparing state budgets, must compulsorily follow the directions of the Central government.
=> Salaries and allowances of constitutional functionaries (except President) may be reduced (by Parliament).
=> Government expenditure will be reduced.
=> Welfare schemes may be suspended.
Presidents of India
| I. | Dr. Babu Rajendra Prasad | (1950-52, 1952-57, 1957-62). | |
| II. | Sarvepalli Radhakrishnan (TN) | 1962 - 67. | |
| III | Zakir Hussain (U.P) | 1967-69 | |
| V.V. Giri (Odisha-Orissa) | 1969 | Varahagiri Venkatagiri | |
| Justice M. Hidayatullah | 1969 | (Acting President) |
Page 25
| 4. | V.V. Giri | 1969-1974. | |
| 5. | Fakhruddin Ali Ahmed | 1974-77 | Assam |
| B.D. Jatti | 1977 (Morarji Desai appointed, temporary President). (2 months) (Made oath) Longest period (5 months) | Temporary President | |
| 6. | Neelam Sanjeeva Reddy (AP) - CMT-Chittoor | (1977-82) | Elected Unanimously Only President elected unanimously. |
| 7. | Giani Zail Singh (Panjab) CMT- Faridkot | 1982-87 | First Sikh President (Used Article 86) Pocket Veto used once Longest period as President (25 days, 1982 October 6th - 31st) |
| 8. | R. Venkataraman (TN) | (1987-1992) | In his time 4 Prime Ministers served. |
| My Presidential Years - Book | R. Venkataraman. | ||
| 9. | Shankar Dayal Sharma (MP) | 1992-97 | Governor, Vice President, President also served. |
| 10. | K.R. Narayanan (Kerala) | 1997-2002 | SC Social class person. Non-political person. |
| 11. | A.P.J. Abdul Kalam (TN) Scientist. | (2002-07) | People's President |
| 12. | Pratibha Patil Maharashtra -Jalgaon | 2007 - 2012 | First woman President, Rajya Sabha Speaker. Most pardons granted. |
Page 26
| 13. | Pranab Mukherjee | 2012-2017 | Died in Corona |
| 14. | Ram Nath Kovind (U.P) | 2017-2022 |
Note:
Only Vice President to contest for President and lose while in office:
Bhairon Singh Shekhawat.
No comments:
Post a Comment