• Articles 52 to 78 in Part V of the Constitution deal with the Union executive.

PRESIDENT OF INDIA

• The Indian Constitution ,under Art 53, vests the Executive power of the Union in the President ,who shall exercise the executive power directly or through officers subordinate to him in accordance with Constitution He is the Supreme Commander of the Armed Forces. He is the first citizen of India and occupies the first position under the warrant of precedence

Election of the President

• The President of India elected by indirect election. He is elected by an electoral college in accordance with the system of proportional representation by means of the single transferable vote. The Electoral College consists of :-

1. The elected members of both Houses of Parliament and
2. The elected members of the Legislative Assemblies of the states (Act.54). The expression ‘states’ includes the National CapitalTerritory of Delhi and the Union Territory of Pondicherry.

Disputes regarding election of the President

• All doubts and disputes arising out of or in connection with the election of a President or Vice-President is inquired into and decide by the Supreme Court whose decision is final,

Qualification for election as President

• 58 lay down the qualifications, which a person must possess for being elected to the office of the President of India

1. He must be a citizen of India
2. He must have completed age of 35 years
3. He must be qualified for election as a member of the House of the people.

Salary

• On September 11 2008 the Government of India ‘increased the salary of the President to Rs.1.5 lakh

Eligibility for re-election

• A person who holds, or who has held office as’ President, shall be eligible for re-election as President.

Constitution of President’s Office

• The President shall not be a member of either House of the 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 up on his office as President.

Term of Office of the President

• 56 says that the President shall hold office for a term of five years. From the date on which from the he enter upon his office.
• Even after the expiry of his term he shall continue in office until his successor enters upon his office. He is also eligible for re-election. He may be elected for any number of terms. The President may, however, resign his office before the expiry of his normal term of five years by Writing to the Vice-President.
• He may be removed from his office for violation of the Constitution by the process of impeachment. If the President resigns, ‘dies or impeached i.e. when the office of the president falls vacant before the expiration of five years an election to fill the vacancy must be completed within six months after the vacancy has arisen.

Impeachment of the president

• The President of India can be removed from his office before the expiry of his term by the process of He can be impeached only for the violation of the constitution.
• The power of impeachment of the president is vested in the Parliament. It is quasi-judicial The Impeachment procedure against the president for the violation of the Constitution can be initiated in either house of the Parliament.
• The charge must initiate in the form of a proposal contained in a resolution, which must be signed by at least one fourth of the total membership of the house.
• Before the resolution could be given to the President. Such a resolution must be passed by a majority of not less than two-third of the total membership of the House.
• Then the other House of the Parliament called the investigating House – investigates the charge by itself or cause the charge to be .investigated The President has the right to appear and to be represented at such investigation to defend him.
• It was a result of the investigation the other House also passes a resolution supported by not less than two-third of the total membership of the House declaring that the charge preferred against the President has been sustained the President stands removed from his office from the date on which the investigating House passed the resolution.

Powers of the President of India

• The executive power of the Union, Art.53 declares shall be the President and he shall exercise it either directly or officers subordinate to him, but always in accordance with Constitution.
• This includes the initiation of legislation, the maintenance of the promotion of Social and economic welfare, the foreign policy, the carry on or supervision of the general administration of the state.
• The power of the President can be discussed under the following heads:

(a) Administrative Powers:

All the executive functions of the Union are carried on in the name of the President. Under the Constitution the president has the power to appoint:

1. The Prime Minister of India
2. Other minister of the union

III. The Attorney general of India

1. The Comptroller and Auditor-General of India
2. The judges of the supreme Court
3. The judges of the high Court of the States

VII. The Governor of a State .

VIII. The Finance Commission.

1. The members of the Union Public Service and joint Commission for a group of States
2. The Chief Election Commissioner and other members the Election Commission
3. A Special Officer for the Scheduled Castes and Tribes etc.

In fact, every appointment of the Union-Government is made in name of the President or under his authority. The President shall also have the power to remove.

1. His Ministers, individually
2. Attorney-General of India

• The Governor of the States

1. The Chairman or a member of the Public service Commission of the Union or of a State, on the report of the Supreme Court
2. A judge of the Supreme Court or of a High Court or the Election Commissioner or the Comptroller-General of India on an address of Parliament

 Military Powers

• The Constitution vests the Supreme Command of the Armed Forces in the hands of the President .He has the power to declare war and peace But his military powers are subjected to the regulation of law. The Parliament, therefore, has the power to regulate or control the exercise of such powers

Legislative Powers

• The President 15 an integral part of a parliament.

1. I.The President summons the Parliament at least Twice a year prorogues either house of parliament and dissolves the LokSabha.
2. He nominates twelve members to the Rajyasabha.

• He may address either house separately both the house jointly. He may also send messages to either House of Parliament. At the commencement of every session in Parliament the President delivers an  address corresponding to the Queen’s speech from the Throne in the  British Parliament.

1. Every Bill passed by the Parliament must receive the Presidents assent before it can become an Act. The President may give his assent or withhold has assent or return it for reconsideration by Parliament with his own suggestions, a Bill other than a Money Bill Passed by the Parliament with or without the amendments suggested by the president is bound to give his assent to it.
2. It is the duty of the President to cause to be laid before the Parliament
3. The Annual Financial Statement (Budget) and the Supplementary statement.
4. The report of the Auditor-General relating to the accounts of the Government of India.
5. The recommendations made by the Finance Commission.
6. The report of the Union Public Service Commission has been accepted.
7. The report of the special officer for Schedule Caste and Tribes.
8. The report of the Commission on the backward classes.
9. The report of the special officer for linguistic minorities.
10. Certain Bills for example, a Bill for the formation of new or alteration of boundaries of a state, a money Bill, A Financial Bill – need the President’ s recommendation for introduction of the Parliament.

• The most important legislative power of the president is the power to promulgate ordinances under Art 123.
• According this, the President of India is empowered to promulgate ordinances, when either or both the houses of Parliament not in session, if he is satisfied that circumstances compelling him to take immediate action. (The Ordinance must be approved by parliament within 6 week of the session was started)

(d)Judicial Powers

• The President enjoys certain judicial powers .The President has the power to grant pardons, reprieves, respites or remission punishment or to suspend, remit or commute conviction or sentence.

(e) Emergency Powers

• The President exercise certain extraordinary powers to deal with emergencies, which are as follows:

1. The President, under Article 352,358, is given the power to make a proclamation of emergency on the grounds of to the security of India or any part thereof , by war, external aggression or armed rebellion.
2. The President is empowered to make a proclamation under Article 356 for taking over the administration of a State when in his opinion the Government of the state can carried on in accordance with the provisions of the Constitution.

• The President has the power, when he is satisfied that the financial stability or credit of india or any part thereof is threatened, to declare a financial emergency.

Constitutional Position of the President

• Though the executive powers are vested in the President, he is constitutionally obliged to exercise his executive powers with the aid and advice of the council of Ministers headed by the Prime Minister under Article 74(1).
• He can do nothing contrary to the Council of Ministers advice nor can he do anything without his advice. If he ignores the advice or acts contrary to the advice of the Council of Ministers he can be impeachment for the violation of the Constitution.
• Thus, the President of India, as described by Dr. B.R. Ambedkar in the Constituent Assembly, occupies the same position as the King or Queen under the English Constitution.

THE VICE PRESIDENT OF INDIA

• There shall be a Vice – President of India – Article 63 `
• The Vice-President is the ex-officio Chairman of the Council of States (Rajya Sabha). He is the Second highest dignitary of India occupying the second place in the warrant of precedence. He is elected for the five-year term. His normal function is to preside over the proceedings of the RajyaSabha. – Article 64

Term of Office of Vice-President

• The Vice-President holds office for five years. The Vice-President can be removed from his office by a resolution of the RajyaSabha passed by a majority of all, then the members of the RajyaSabha and agreed by the LokSabha by simple method.
• Prior to passing the resolution in RajyaSabha, a fourteen –day notice should be served on the Vice-president. Further, the procedure for the removal of the Vice-President cannot be initiated in the Lok Sabha.

Election of the Vice-President

• He is elected by an Electoral so e consisting of all the members of the Parliament.-Article 66

Emoluments of Vice-President

• The Vice President draws salary as the Chairman of the RajyaSabha. His monthly salary as the Chairman of the RajyaSabha is Rs1.25 lakh.