PRESIDENT

Who is President of India?

Indian President is the head of the state. He is the first citizen of India and is a symbol of solidarity,
unity and integrity of the nation. He is a part of Union Executive along with Vice-President, Prime
Minister, Council of Ministers and Attorney-General of India.

How is President elected?

There is no direct election for the Indian President. An electoral college elects him. The Electoral
Collegeresponsible for President’s elections comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)

3. Legislative Assemblies of the Union Territories of Delhi and Puducherry.

Who does not take part in the President’s elections?

The following group of people are not involved in electing the President of India:

1. Nominated Members of Lok Sabha (2) and Rajya Sabha (12)

2. Nominated Members of State Legislative Assemblies

3. Members of Legislative Councils (Both elected and nominated) in bicameral legislatures

4. Nominated Members of union territories of Delhi and Puducherry

What is the term of President’s office?

Once President is elected, he holds office for five years. He sits in the office even after the
completion of five years given no new election have taken place or no new President has been
elected till then. He can also be re-elected and there is no cap on his re-election.

What are the qualifications of President?

A candidate has to meet some qualifications to be elected as the president. Those qualifications of
the President are:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years

3. He should qualify the conditions to be elected as a member of the Lok Sabha

4. He should not hold any office of profit under the central government, state government, or any
public authority

What are the conditions of the President’s office?

There are a few conditions for the candidate running for the President’s elections:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the
house, he should vacate the seat on his first day as President in the office
2. He should not hold any office of profit

3. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent

4. Parliament decides his emoluments, allowances and privileges

5. Parliament cannot diminish his emoluments and allowances during his term of office

6. He is given immunity from any criminal proceedings, even in respect of his personal acts

7. Arrest or imprisonment of President cannot take place. Only civil proceedings can be initiated for
his personal acts that too after giving two months’ of prior notice.

What is the procedure for impeachment of a president?

The only condition for the initiation of impeachment of Indian president is the ‘violation of the
constitution.’

Note: Indian Constitution contains no definition of ‘violation of constitution.’

Can the President’s office be vacant?

Yes, his office can be vacant in the following ways:

1. When President of India completes his term of five years in the office

2. If the President resigns by putting forward his resignation to the Vice-President of India

3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed

4. If he dies in the office

5. If Supreme Court declares his election invalid

What are the powers and functions of President of India?

Executive Powers of President

1. For every executive action that the Indian government takes, is to be taken in his name

2. He may/may not make rules to simplify the transaction of business of the central government

3. He appoints the attorney general of India and determines his remuneration

4. He appoints the following people:

 Comptroller and Auditor General of India (CAG)

 Chief Election Commissioner and other Election Commissioners

 Chairman and members of the Union Public Service Commission

 State Governors

 Finance Commission of India chairman and members

5. He seeks administrative information from Union government

6. He requires PM to submit, for consideration of the council of ministers, any matter on which a
decision has been taken by a minister but, which has not been considered by the council
7. He appoints National Commissions of:

 Scheduled Castes

 Scheduled Tribes

 Other Backward Classes

8. He appoints inter-state council

9. He appoints administrators of union territories

10. He can declare any area as scheduled area and has powers with respect to the administration of
scheduled areas and tribal areas

Legislative Powers of President

1. He summons or prorogues Parliament and dissolve the Lok Sabha

2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock

3. He addresses the Indian Parliament at the commencement of the first session after every general
election

4. He appoints speaker, deputy speaker of Lok Sabha and chairman/deputy chairman of Rajya Sabha
when the seats fall vacant He nominates 12 members of the Rajya Sabha

5. He can nominate two members to the Lok Sabha from the Anglo-Indian Community

6. He consults Election Commission of India on questions of disqualifications of MPs.

7. He recommends/ permits the introduction of certain types of bills He promulgates ordinances

8. He lays the following reports before the Parliament:

 Comptroller and Auditor General

 Union Public Service Commission

 Finance Commission, etc.

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament

3. To make a demand for grants, his recommendation is a pre-requisite

4. Contingency Fund of India is under his control

5. He constitutes the Finance Commission every five year

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him

2. He takes advises from Supreme Court however, those advises are not binding on him

3. He has pardoning power. (Read below)

1. International Treaties and agreements that are approved by the Parliament are negotiated and
concluded in his name

2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of defence forces of India. He appoints:

1. chief of the Army

2. chief of the Navy, and

3. chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)

2. President’s Rule (Article 356 & 365); and

3. Financial Emergency (Article 360)

What is the Ordinance Making Power of President?

Article 123 deals with the ordinance making power of the President. President has many legislative
powers and this

power is one of them. President promulgates an ordinance on the recommendation of the union
cabinet.
Prime Minister of India
Is Prime Minister of India elected or appointed?

President of India appoints a person as the Prime Minister who is either the leader of the party
which holds a majority of seats in the Lok Sabha or is a person who is able to win the confidence of
the Lok Sabha by gaining the support of other political parties. All other ministers are appointed by
the Presidenton the advice of the Prime Minister.

Note: President can also appoint Prime Minister on his own discretion but only when no party has a

clear majority in the Lok Sabha.

Role of Indian Prime Minister

Prime Minister of India serves the country by following various functions. He performs his functions

taking responsibilities as:

 The leader of Country: The Prime Minister of India is the Head of the Government of India.

 Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.

 Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the
meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the
members.

 Official Representative of the country: Prime minister represents the country for high-level
international meetings

 The link between the President and the Cabinet: The Prime Minister acts as the link between

President and cabinet. He communicates all decisions of the Cabinet to the President which is

related to the administration of the affairs of the Union and proposals for legislation.

 Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog,

Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space

and Ministry of Personnel, Public Grievances and Pensions.

 Chief Advisor: He acts as the chief advisor to the PresidentLike Prime Minister is the head of Union
Parliament, the Chief Minister is the head of state parliament.

Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

 A citizen of India.

 A member of either Rajya Sabha or Lok Sabha

 He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years

of age if he is a member of the Lok Sabha

In 72 years of independence, India has got its 19 Prime Ministers.

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime Minister is treated
at a much higher pedestal. His pre-eminence rests on his commanding position in the Cabinet,
coupled with fact that he is the leader of the majority party.

During the period of the Congress rule, the Prime Minister was usually the President of his party and
the major campaigner in the elections. All these positions of power when combined in one person
make him rank much above an ordinary Minister.

The death or resignation of the Prime Minister automatically brings about the dissolution of the
Council of Ministers. It generates a vacuum. The demise, resignation or dismissal of a Minister
creates only a vacancy which the Prime Minister may or may not like to fill. The Government cannot
function without a Prime Minister but the absence of a Minister is easily tolerated and compensated.

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship both Prime Minister

and the President share with each other. The articles are:

 Article 74

 Article 75

 Article 78
Council of Ministers

Which articles in the Constitution deal with the Council of Ministers?

Two articles - Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers.

Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid

and advise the President, article 75 mentions the following things:

 They are appointed by the President on the advice of Prime Minister

 They along with the Prime Minister of India form 15% of the total strength of the lower house

i.e. Lok Sabha. (The number cannot exceed 15%)

 91st Amendment Act provided for the disqualification of the minister when he stands

disqualified as a Member of Parliament.

 A Minister ceased to exist as one if he is not a member of either house of Parliament for six

consecutive months.

 Parliament decides the salary and allowances of the council of ministers.

Is the advice tendered by the Council of Ministers binding on the President?

Yes, the advice is binding on the President and this provision was introduced by the 42nd
Amendment Act 1976 and 44th Amendment Act 1978. The acts also mentioned that the advice given
by the council cannot be inquired into by any court.

Collective Responsibility of the Council of Ministers

In England, the Cabinet system is based on conventions. The framers of our Constitution considered
it fit to incorporate the system in the Constitution. The principle of collective responsibility finds a
place in Art. 75(3) where it is stated that the Council of Ministers shall be collectively responsible to
the Lok Sabha. In other words, this provision means that a Ministry which loses confidence in the Lok
Sabha is obliged to resign.

The loss of confidence is expressed by rejecting a Money Bill or Finance Bill or any other important
policy measure or by passing a motion of no-confidence or rejecting a motion expressing confidence
in the Ministry. When a Ministry loses the confidence of the Lok Sabha the whole of the Ministry has
to resign including those Ministers who are from the Rajya Sabha. The Ministers fall and stand
together. In certain cases, the Ministry may advise the President to dissolve Lok Sabha and call for
fresh elections.

Types of Ministers

The Indian Constitution does not categorize ministers into ranks, however, in practice seen in India,
ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of the Cabinet.

2. Minister of State with independent charge—He is a Minister of State who does not work

under a Cabinet Minister. When any matter concerning his Department is on the agenda of the
Cabinet, he is invited to attend the meeting.

3. Minister of State—He is a Minister who does not have independent charge of any Department

and works under a Cabinet Minister. The work to such Minister is allotted by his Cabinet

Minister.

4. Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister of State

with independent charge. His work is allotted by the Minister under whom he is working.