Revised syllabus

The Union Executive

(a)The President
• Qualifications for election,composition of Electoral
College,reason for indirect election,term of
office,procedure for impeachment.
• Powers : executive,legislative,discretionary and emergency
(only the three types of emergencies and circumstances
leading to proclamation of these emergencies).
2. The Vice-President
• Qualifications for election and term of office and powers.
Qualifications for election for President

1. Should be citizen of India

• Should be above 35 years of age
• Should be qualified for election as member of
Lok sabha.
2. should not hold office of profit under the
government. However the post of
President ,Vice-President or a minister of
union or state is not considered office of
profit.
 Additional requirements
• A prospective presidential candidate is
required to get his nomination paper
proposed by atleast 50 electors and seconded
by another 50 electors.
• The Presidential candidate has also to deposit
a security of 15,000 while filing his nomination
papers, which stands forfeited if a candidate
fails to get atleast 1/6th of the total votes.
 Composition of Electoral College
• President is elected indirectly by members of
an electoral college consisting of:
1. the elected Mp’s and Mla’s including
National capital Territory of Delhi and the
Union Territory of Puducherry.
 Reason for indirect election
• He could become rival centre of power to the
council of ministers.
• Direct election could make him a nominee of
the ruling party like the prime minister.Such a
President could not represent the constituent
states of the Union.
• waste of time and money
• To show that he is only a nominal head and
not the real head.
 Term of office
• 5 yrs.
• He can resign his post before the expiry of the term
by submitting letter of resignation to vice-president.
• He also can be removed by the process of
impeachment , for the violation of constitution or
incapacity
• Death- In case of death or resignation of President,
the new president must be elected with in six
months.Till then, the Vice-President acts as the
President.
 Procedure for Impeachment
1. Either house of parliament can level the
charge as follows:
a. resolution which is moved after atleast 14
days notice in writing signed by not less than
1/4th of total members of house and
b. the resolution passed by a majority of not
less than 2/3rd of the membership of the
house.
 Continued…
2. when a charge has been so preferred by
either house of Parliament, the other house
will investigate the charge and the president
has the right to appear and to be represented
at such an investigation.
3. As a result of investigation, if the charge is
passed by majority of not less than 2/3 rd of
the total membership of the house, president
will be impeached.
 Powers of President
a. Executive Powers
1. Head of Union Administration-All executive orders are issued in
the name of President.
2.Appointment of officials of state- He appoints
The Prime Minister and the council of ministers on Pm advice,the
chief Justice and the Judges of Supreme Court and the High
Courts,The governors of states,The lt-Governors and the chief
commissioners of the union territories,The Attorney General of
India,The Comptroller and Auditor General of India,The Chairman
and memvers of Union Public Service Commision, The chairman
and members of the economic commission.
4. Control over state Governments
5. Administration of Union territories and border areas.
 Legislative Powers
1. Addresses the sessions of the Parliament- First session of every year and the
first session after the house assemble together after the general elections to the
LokSabha.
2. Messages to Parliament-He can poewer to send messages to either house of
Parliament on any matter relating to Parliament.
3. Summons and Prorogue the house
4. Dissolve the Lok sabha
5. Nominate 12 members to Rajya sabha from among persons having special
knowledge in literature,science,art and social service
6. Assent to Bills– three options open in front of president when ordinary bills
comes to him for assent for the first time
a. may give his assent
b. may withhold the bill
c. send it back to the house with recommendations but if the bill is passed in the
same form,president have to compulsory sign the bill.
 Continued….
7. Promulgate ordinances– Definition – An temporary law made by President when both of
the house of parliament is not in session. It will have the same status as an Act of
Parliament.
Conditions—
i. President is satisfied that the circumstances make it necessary to take immediate action.
ii. When both the houses of parliament is not in session.
iii. Ordinance must be laid before both the house of Parliament when they reassemble.if
Parliament do not approve them,it lapses.normal time to approve ordinances-6 weeks.
iv. Ordinances lapses if it is replaced by Act of Parliament

8. Assent to some state bills---

circumstances- Governor may reserve some bills passed by the state legislature for
consideration of the President.
9. Formation of new states.
10. Changing of names of states
 Discretionary powers
• Appointment of PM when no single party commands clear support of majority of loksabha members.( in case of
hung parliament)
• Appointment of PM in case of sudden death
• Appointment of PM, When the ruling party has lost majority in loksabha
• When vote of no-confidence has been passed against it,recommends the president to dissolve Lok sabha,then it is at
the discretion of president to either dissolve the house or ask another party to prove majority in Lok sabha.
• The president can dismiss ministers in case the Council of Ministers loses the confidence of the house but refuses
to resign.
• The President may withhold his assent to a bill or may send it back for reconsideration of the houses, if it is not a
money bill.
• The constitution does not prescribe any time limit within which the President is to declare his assent or refusal or to
return the bill.By reason of this absence of atime limit, the President may simply keep the bill on his desk for an
indefinite time period. [ refereed to as ‘pocket veto’]
• The President enjoys the right to seek information from PM regarding the administration of the affairs of the Union.
• A caretaker government at the centre can not take any major decisions. The President can restrain such a
government from taking such decisions.
• In case of state money bill reserved by Governor , President may either declare his assent or withhold his asssent.
• In case of state non-money bill, President may instead of declaring his assent or refusing it, direct the governor to
return the Bill to the Legislature for reconsideration. In the latter case, the Legislature must reconsider the Bill within
six months and if it is passe again, the bill shall be presented toPresident again. But it shall be obligatory upon
President to give his assent in this case too.
 Emergency powers
• 1. National Emergency
• Circumstances – if President is satisfied that a
grave emergency exists whereby the security
of India or any part of its territory is
threatened,either by war or by external
aggresion or armed rebellion. He cannot
declare this emergency unless he has the
approval in writing of the union cabinet.
2.Breakdown of Constitutional emergency

• Circumstances- if president, on receipt of a

report from the governor or otherwise,is
satisfied that the governance of the state
cannot be carried on in accordance with the
provisions of the constitution.it is also called
as president’s rule.
 Financial Emergency
• Circumstances-If the president is satisfied,that
the financial stability or credit of the country
or any part of it is is threatened or has
occurred or is likely to occur.
 The Vice-President
• Qualifications
A person seeking election as Vice-President, shall be
a) A citizen of India
b) has completed the age of 35 years; and
c) is qualified for election as member of the
councilof states (Rajya Sabha)
d) He/she will not be eligible if he/she holds any
office of profit under state or central government.
 Term of office
• The vice-President shall hold office for a
period of five years.
• He may resign by submitting resignation letter
to President of India.
• He/she may be removed for the violation of
constitution, be removed from the office by
the process of impeachment.
 Powers of Vice-President
1. Chairman of Rajya Sabha: The Vice-President of India
acts as the ex-officio Chairman of Rajya sabha.
2. Taking over as the President: The Vice-President
takes over the office of the President under the
following situations:
a. death of President,
b. resignation of the President,
c. removal of the President,or
d. When the President is unable to discharge his or her
functions owing to absence,illness or any other cause.