The Union Executive

Union Executive

The government at the Centre is ‘Union Government’. The President, the Prime Minister and his Council of Ministers collectively constitute the Union Executive.

The President
The President of India, who is head of State, is indirectly elected.

Qualification
Following are the Qualification criteria to become the President-

·       Should be a citizen of India

·       Should have completed the age of 35 years

·       Should be qualified to be elected as a member of Lok Sabha

·       Should not hold any office of profit

If a Member of Parliament or State Legislature is elected as President his seat will be deemed to have been vacated on the date, he assumes office as President of India.

Election Procedure
President of India is elected by an Electoral College consisting of the elected members of both Houses of Parliament and of the State Legislative Assemblies. (Nominated members of Parliament and members of State Legislative Councils are not members of the Electoral College.)

The election is held by means of single transferable vote system of proportional representation. The voting is done by secret ballot.

The value of vote of each member of Legislative Assembly of a state is determined by the total population of the State is divided by the number of elected members of the State Legislative Assembly, and the quotient is divided by 1000.

The value of each vote of a Member of Parliament is determined by adding all the votes of members of the State Legislative Assemblies (including Delhi and Puducherry) divided by total member of elected members of Lok Sabha and Rajya Sabha.

Tenure and Removal

The President is elected for a term of five years and is eligible for re-election, though a convention has developed that no President seeks election for the third term.

Privileges

·       The President is not answerable to any court of law for the exercise of his functions.

·       The President can neither be arrested nor any criminal proceedings be instituted against him in any court of law during his tenure.

·       A prior notice of two months time is to be served before instituting a civil case against him.

Removal

·       The President can only be removed from office through a process called impeachment.

·       He can only be impeached ‘for violation of the Constitution’.

·       The resolution to impeach the President can be moved in either House of Parliament.

·       It can be moved only after a notice has been given by at least one-fourth of the total number of members of the House. It must be passed by a majority of not less than two-third of the total membership of that House before it goes to the other House for investigation.

·       President has the right to be heard or defended when the charges against him are being investigated.

·       The President may defend himself in person or through his counsel. If the charges are accepted by a two-third majority of the total membership of the second House, the impeachment succeeds.

Vacancy in the Office of the President
Whenever the office of the President falls vacant either due to death or resignation or impeachment, the Vice-President officiates for a period not more than six months, in such cases election for a new President must be held within 6 months.
In case the President’s office falls vacant and the Vice-President is not available, the Chief Justice of India is required to officiate till the new President is elected.

Powers of the President
The powers of the President can be classified as Executive, Legislative, Financial and Judicial Powers.

Executive Powers

·       The President appoints the Prime Minister and he appoints other ministers on the advice of the Prime Minister. He may remove any Minister on the advice of the Prime Minister.

·       The President appoints the Chief Justice and other judges of the Supreme Court and High Courts. While appointing Chief Justice and justices of High Courts the President has to consult the State Governor also.

·       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.

·       The President is the Supreme Commander of the armed forces. As such, the President makes appointments of Chiefs of Army, Navy, and Air Force.

·       The President can declare war and make peace.

·       The President appoints India’s ambassadors and high commissioners in other countries.

Legislative Powers

·       The President summons, and prorogues the Houses of Parliament. He may summon 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.

·       The President may also nominate two members of Anglo-Indian community to the Lok Sabha

·       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 addresses both Houses of Parliament jointly at the first session after every general election as well as commencement of the first session every year.

·       Every bill passed by Parliament is sent to the President for his/her assent. The President may give his assent, or return it once for the reconsideration of the Parliament. If passed again the President has to give her assent. Without his assent no bill can become a law.

·       The President may promulgate an ordinance when the Parliament is not in session. The ordinance so promulgated should be laid before both Houses of Parliament when they reassemble. If it is neither rejected by the Parliament nor withdrawn by the President, it automatically lapses six weeks after the commencement of the next session of Parliament.

Financial Powers

·       The President has the control over Contingency Fund of India.

·       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.

·       The President also receives the reports of the Comptroller and Auditor-General of India.

Judicial Powers
The President appoints law officers of the Union Government including the Attorney-General of India.
The President can pardon a person convicted by a Court Martial. His power of pardon includes granting of pardon even to a person awarded death sentence. But, the President performs this function on the advice of Law Ministry.
 

The Vice-President
The Vice-President of India is elected indirectly by an electoral college consisting of members of both Houses of Parliament, on the basis of proportional representation by means of single transferable vote system.
The Vice-President cannot be a member of either Houses of Parliament, or of a State Legislature.

Eligibility

·       He has to be a citizen of India

·       Should not be less than 35 years of age

·       Should not hold any office of profit

The Vice-President is elected for a term of five years. He may resign from the office of the Vice-President even before the expiry of five years by writing to the President.

Functions 
The Vice-President is the ex-officio Chairman of Rajya Sabha, Since the Vice-President is not a member of the Rajya Sabha, he cannot vote in the House. But, in case of a tie, he exercises his casting vote.