Revision Notes: The President & the Vice President

The President

The President is the Constitutional head of the Indian State. The Constitution vests all the executive powers of the Union Government in the President. The President normally exercises these powers directly or through officers subordinate to him and, in most matters, acts on the aid and advice of the Council of Ministers headed by the Prime Minister.

Presidents of India

Qualifications for election as President

• Must be a citizen of India.
• Must have completed the age of 35 years.
• Must be qualified for election as a Member of the Lok Sabha.
• Must not hold any office of profit under the Government of India, the Government of any State, or any local authority.
• These qualifications are laid down by Article 58 of the Constitution.
• A sitting President or Vice-President, a Governor, or a Union/State Minister is not automatically disqualified from being elected President.

Procedure of Election

The election procedure is provided by Articles 54 and 55. The President is elected by an electoral college using the system of proportional representation by means of the single transferable vote and by secret ballot.

• The electoral college consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States and of the Union territories having legislatures. Nominated members of Parliament and of State Legislatures do not participate in the Presidential electoral college.
• The value of each MLA's vote is calculated using the population figures of the 1971 Census, which continue to be used for this purpose as extended by constitutional amendments.
• Formula for the value of an MLA's vote:
  (Population of the State ÷ Total number of elected MLAs of the State) ÷ 1000, rounded to the nearest whole number.
• Value of an MP's vote is computed by dividing the total value of the votes of all MLAs by the total number of elected MPs.
• Members indicate preference for candidates on the ballot. If no candidate gets an absolute majority of the total valid votes cast, the candidate with the least number of votes is eliminated and their votes are redistributed according to the next preference. This process continues until a candidate secures the required majority.

Term of Office

• The President holds office for a term of five years (Article 56), and is eligible for re-election.
• The President vacates office on expiry of term, by death, by resignation, or by removal through impeachment for violation of the Constitution.

Salaries and Allowances

• The President receives a salary of ₹5,00,000 per month (salary only; allowances are separate)
• The President is entitled to an official residence, staff, transport, security, medical facilities and other perquisites provided by the Government.
• These emoluments cannot be reduced during the term of office.
• The President receives a pension after retirement; a figure mentioned in the reference material is Rs 2,50,000 per month (50 percent of salary)

Powers

The President's powers are varied and are conventionally grouped under Executive, Legislative, Financial, Judicial and Emergency powers. Many of these powers are exercised on the aid and advice of the Council of Ministers; a few are exercised in the President's discretion.

Executive Powers

• The President administers and executes the laws made by Parliament.
• The President appoints the Prime Minister and, on the Prime Minister's advice, the Council of Ministers. The President appoints Governors of States, Ambassadors and other diplomatic representatives, the Chief Justice of India and other judges, the Comptroller and Auditor-General, the Attorney-General of India, the Chairman and members of key constitutional bodies (for example, UPSC, Election Commission), and the heads of statutory authorities. Many of these appointments are made on the aid and advice of the Council of Ministers or after prescribed consultations.
• The President is the supreme commander of the defence forces of India and has the power to declare war or conclude peace when authorised by Parliament.
• The President administers Union Territories through Lt. Governors, Administrators or Chief Commissioners appointed by him.
• The President receives foreign envoys and can send and receive diplomatic representatives.
• Certain removals - for example, of ministers or constitutional functionaries - are regulated by constitutional provisions and conventions; in most cases the President acts on the advice of the Prime Minister and Council of Ministers or under specific constitutional procedures (for example, removal of judges through Parliament).

Legislative Powers

• The President summons and prorogues Parliament and can dissolve the Lok Sabha.
• The President addresses both Houses together at the first session after each general election and at the commencement of the first session every year.
• The President nominates members to the Rajya Sabha (persons having special knowledge or practical experience in literature, science, art and social service). The earlier provision for nomination of two members of the Anglo-Indian community to the Lok Sabha has been removed by the 104th Constitutional Amendment (2020).
• Every Bill passed by both Houses of Parliament is presented to the President for assent. The President may:
  • give assent;
  • withhold assent;
  • return a non-money Bill (other than a Money Bill) to Parliament for reconsideration; or
  • reserve a Bill for the consideration of the President (in certain circumstances).
• If Parliament re-passes a Bill in the same form after reconsideration, the President is obliged to give assent.
• The President can promulgate ordinances when Parliament is not in session; ordinances must be laid before Parliament and will cease to operate after a specified period unless approved by Parliament. The ordinance power is provided by Article 123.

Financial Powers

• The President causes the annual financial statement (the Budget) and other important financial statements to be laid before Parliament.
• Money Bills can be introduced in the Lok Sabha only on the recommendation of the President.
• The President can operate the Contingency Fund of India to meet unforeseen expenditure; such expenditure must be subsequently approved by Parliament.
• No demand for a grant can be made except on the recommendation of the President.

Judicial Powers

• The President has power under Article 72 to grant pardons, reprieves, respites or remissions of punishment, or to commute sentences, including the power to commute a death sentence.
• Except for certain powers exercisable by Governors, the President is the final clemency authority in respect of sentences passed by courts in India.

Emergency Powers

• The President can proclaim three types of emergencies:
  • National Emergency (Article 352): on grounds of war, external aggression or armed rebellion.
  • State Emergency / President's Rule (Article 356): if the President is satisfied that the government of a State cannot be carried on in accordance with the provisions of the Constitution.
  • Financial Emergency (Article 360): if the President is satisfied that the financial stability or credit of India or any part thereof is threatened.
• Proclamations and measures taken under emergency provisions carry significant consequences for federal relations and civil liberties; their use is subject to constitutional safeguards and parliamentary oversight.

Schedules in the Constitution

• Schedule I: Names of States and Union Territories as specified in the Constitution.
• Schedule II: Salaries and allowances of key constitutional office-holders (President, Vice-President, Speaker, Comptroller & Auditor-General, etc.).
• Schedule III: Forms of oaths or affirmations for various constitutional posts.
• Schedule IV: Allocation of seats in the Rajya Sabha among States and Union Territories.
• Schedules V and VI: Provisions relating to administration and control of Scheduled Areas and Tribal Areas.
• Schedule VII: The three lists - Union List, State List and Concurrent List - showing distribution of legislative subjects between the Union and the States.
• Schedule VIII: Lists the official languages of the Union as set out in the Constitution (the number and content of languages are provided in the Schedule itself and have been amended from time to time).
• Schedule IX: Lists Acts and regulations protected under Article 31B from being challenged on certain grounds.
• Schedule X: Contains provisions related to disqualification on grounds of defection (anti-defection provisions under the Tenth Schedule).
• Schedules XI and XII: Specify the subjects on which Panchayats and Municipalities, respectively, have been given powers, authority and responsibilities by the 73rd and 74th Amendments.

Impeachment of the President

1. Impeachment proceedings for violation of the Constitution are provided by Article 61.
2. A charge can be initiated in either House of Parliament. A notice signed by at least one-fourth of the total members of the House is required to begin the proceedings.
3. The initiating House must pass the impeachment resolution by a majority of not less than two-thirds of the total membership of that House.
4. The other House then investigates the charges and, if satisfied, must also pass a resolution by a majority of not less than two-thirds of its total membership, declaring the charges proved.
5. On such a resolution, the President stands removed from office.
6. During the investigation, the President has the right to defend himself or to be represented.

The Constitutional Position of the President

• The President is the Head of the State, not the Head of Government. The Prime Minister is the Head of Government.
• The President normally acts in accordance with the advice of the Council of Ministers; this reflects the parliamentary system of government in India (Article 74).
• In practice the President's role is largely ceremonial or nominal, but the office carries important formal powers and limited but significant discretionary authority in exceptional situations (for example, in the appointment of a Prime Minister when no party has a clear majority).

Facts to be Remembered

• The Indian States were reorganised on a largely linguistic basis by the States Reorganisation Act in 1956.
• Panchayati Raj institutions derive most of their financial resources from government finances and transfers; they also have own sources of revenue but depend substantially on state and central transfers.
• The Governor of a State is appointed by the President on the advice of the Union Council of Ministers.
• The Speaker of the Lok Sabha decides whether a Bill is a Money Bill.
• India followed a policy of non-alignment; this policy implied neutrality towards power blocs in international politics.
• Panchayati Raj is founded on the principle of democratic decentralisation of power and responsibility.
• Democracy requires active participation and cooperation of the people for its functioning.
• In a parliamentary democracy the executive is responsible to the legislature (Parliament).
• The Supreme Court's decision in the Keshavananda Bharati case established the doctrine of the basic structure of the Constitution, limiting Parliament's power of amendment.
• The Vice-Chairman (Deputy Chairman) of the Rajya Sabha can be removed by the Rajya Sabha by a resolution; the procedure is governed by the rules of the Council.
• After retirement, a judge of the Supreme Court is not permitted to practise in any court in India.
• The sequence of emergence of certain political parties given in some historical lists includes names such as BKD, BLD, CFD, DMKP in chronological order as a factual sequence to be memorised where relevant.
• The Supreme Court can issue the writ of mandamus directing a public official to perform a public duty.
• The Seventh Schedule of the Constitution contains the three lists (Union, State and Concurrent) showing subjects on which Parliament and State Legislatures may make laws.
• The Deputy Chairman of the Rajya Sabha can be removed by a resolution of the Rajya Sabha; the precise procedure and majority are governed by the rules of the House.

Parliamentary Terms

• Question Hour: The day's business often begins with the Question Hour during which Ministers answer questions raised by Members.
• Starred Question: A question for which an oral answer is required on the floor of the House; it permits supplementary questions.
• Supplementary Questions: Follow-up questions asked on the basis of the Minister's oral reply; allowed only with starred questions and at the discretion of the Speaker.
• Unstarred Question: A question for which a written answer is placed on the Table of the House; no supplementary questions follow.
• Short Notice Question: A question permitted with short notice on urgent public matters at the discretion of the Speaker.
• Zero Hour: The period following Question Hour (informal in procedure) used by Members to raise matters of urgent public importance.
• Cut Motion: A motion seeking reduction in the amount of a demand in the Budget; admitted at the Speaker's discretion and used to draw attention to specific grievances.
• Calling Attention Motion: A Member may, with prior permission, call the attention of a Minister to a matter of urgent public importance for a brief statement.
• Privilege Motion: Moved when a Member feels that a breach of privilege of the House or its Members has occurred; the House decides on such motions.
• Point of Order: Raised when a Member believes the rules of procedure are not being followed; the presiding officer decides its admissibility.
• Vote on Account: A temporary provision to authorise government expenditure between presentation of the Budget and its final approval.
• Quorum: The minimum number of Members required to be present to conduct business; Article 100 prescribes one-tenth of the total membership as quorum.
• Censure Motion: A motion which seeks to censure the government for shortcomings; if passed by the popular house it may lead to resignation of the Cabinet.

The Vice-President

Qualifications for election as Vice-President

• Must be a citizen of India.
• Must have completed the age of 35 years.
• Must be qualified for election as a Member of the Rajya Sabha.
• Must not hold any office of profit under the Union or a State or any local authority.
• Must not be a Member of either House of Parliament or of a State Legislature at the time of election.
• These qualifications are provided by Article 66 of the Constitution.

Election

• The Vice-President is elected by an electoral college consisting of all Members of both Houses of Parliament (Lok Sabha and Rajya Sabha). Nominated members are eligible to vote in the Vice-Presidential election.
• The system used is proportional representation by means of a single transferable vote and by secret ballot.

Term

• The Vice-President holds office for a term of five years and is eligible for re-election.
• Removal: The Vice-President may be removed by a resolution of the Rajya Sabha adopted by a majority of all the then members of the House and agreed to by the Lok Sabha. A notice of not less than 14 days is required for such a resolution.

Emoluments

• The Vice-President does not draw a separate salary as Vice-President; he receives ₹4,00,000 per month as Chairman of the Rajya Sabha.
• When the Vice-President acts as President, he is entitled to emoluments equivalent to those of the President for the period he discharges those functions.

Functions

• The Vice-President is the ex-officio Chairman of the Rajya Sabha.
• The Vice-President acts as President in the event of the President's death, resignation, removal, or inability to discharge the functions of the office; the Vice-President performs these functions until a new President is elected or the President resumes duties (normally the interregnum does not exceed six months).
• The Vice-President discharges the functions of the President when the latter is temporarily absent or incapacitated.

Facts to be Remembered (related procedural point)

• Parliament may create a new State or alter boundaries of States by a simple majority in the ordinary legislative process, but the Bill can be introduced only on the recommendation of the President.
• Before making such a recommendation, the President is required to refer the Bill to the State Legislature likely to be affected for its views within a specified period; the President is not bound by the State Legislature's views but must satisfy the constitutional requirement of reference.