Chapters

President

President

 

Article 52 says that there shall be a president of India. Article 53 says that the executive powers of Union shall be rested in the president. The president is the head of the Indian State. He is the only nominal Executive Head.

Election of President

The method of election of president is written in Articles 54 and 55. The president is electd by the members of an ellectrol college which consists of the elected members of both the house of the parliament and the members of the Legislative Assemblis of the States.

Impeachment of The President

The president hold a office of five years and can be removed from the office before the completion of the term by the impeachment for the violation of constitution. The Impeachment process can be initiated by either house of parliament. The impeachment motion can be introduced only when al least 1/4th of the total members of the orignating house have signed and 14 days notice should be given to the president. After Impeachment motion passed of majority of at least 2/3rd of the total membership of the house then it move to the other house, their it should be passed with minimum 2/3 majority.

Powers

Several special powers are given to the president of India which are mentioned in detail below.

Judicial Powers

He appoints the Chief Justice and judges of the Supreme Court and all High Courts. He can ask for any advice from the Supreme Court on any question of law(Article 143.) The advice given by supreme court is not binding on the President. He have some special powers for convicted persons.

  1. Pardon: It means completely Free the offender. No punishment should be given to the convict
  2. Reprieve: It means the Temprory suspension of the Sentence
  3. Respite: Awarding a lesser sentence on special grounds for eg: pregnancy of a woman
  4. Remision: Reducing the amount of sentence without changing its character
  5. Commutation: Substitiution of one form of punishment for amother form which is lighter n character.

 

Legislative Powers

The president is an Integral part of the parliament of India. Under Article 79 he enjoys the following legislative power.

  1. He can summon(call for meeting) both the houses of parliament and can dissolves the Lok Sabha
  2. He can sumonesummon(call for meeting) a joint sitting of the both houses of parliament by preceded by speaker of house
  3. He can nominalte 12 members to the Rajya Sabha from among the person havingspecial knowledge and practical experiences in respect of literature science, art and social service
  4. He can nominate 2 members of lok sabha form Anglo Indian Communities

 

Executive Powers

All the action of government of India shall be taken in his name. He appoint Prime Minister and other council minister on the advice of Prime Minister. A minister holds teh office during the pleasure of president.

He appoints the atorny general of India and decides his renumeration. He appointe the chairmen and members of UPSC. He appoints the member and chairmen of election commission of India. He appoints governorm finance committee and its chairmen, the chairmen and member of SC, ST and OBC etc.

Military Powers

He is the Supreme Commander of the Defence Force of India. He can declare war or conclude peace subject to the approval of the parliament

Financial Powers

Money bill can be introduced in the Parliament only with his prior recommendation. He constitutes a Finance Commission after every five years to recommend the distribution of the taxes betweenthe Centre and the States. He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure.

Emergency Powers

There are three type of emergency power given to the president:

  1. National Emergency: According to Article 325, President of India can prclaim emergency on the ground of security threat to the nation by war, external aggression, internal disturbance or Arm Rebellion only after written accomdation from the cabinate. The term Arm Rebellion inserted by 44thamendment 1978, replacing the original term Internal Disturbance.
  2. State Emergency: Under Article 365, I the Constitutional machinery in a state fails then president rule can be proclaimed. It can be applied for a maximum period of three years with the approval of the Parliament in every six month.
  3. Financial Emergency: The President can proclaim Financial Emergency under Article 360 if he is satisfied that the financial stablity is threatend in India. Financial Emergency has not be declared so far in India.

 

Vice - President

According to Article 63, there shall be a Vice - President of India. He is the ex-officio Chairman of the Rajya Sabha, he is not a member of Rajya Sabha, and hence he has no right to vote. Being the Vice-President of India, no salary is given to him but he got the salary and allowances as the chairman of Rajya Sabha.

When he acts as temprory president, he shall not perform the duties of the chairmen of the Rajya Sabha theirfore he doesnot get any salary at tahat time. The election of vice-president also done by the electoral college. An election to the vacancy of the offoce of vice-president occuring due to death, resignation or removal shall be held as soon as possible there is no mandatory provision like in case of the President to hold the election within the six months.


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