THE PRESIDENT

#The President is the Head of the State and the supreme commander of the
#Defence Forces of India.
The real executive head of the country is the Prime Minister.
#The Constitutional or Nominal head is the President.

Qualification for Election

A person can be elected as President only if he/she:

# Is a citizen of India
# Has completed the age of thirty-five (35) years
# Is qualified for election as a member of the Lok Sabha.
# Must not hold any office of profit under the government of
India/State/Local authority.

How is the President of India elected?

The president of India is elected indirectly by the members of the electoral
college consisting of-
● the elected members of both Houses of Parliament.
● the elected members of the Legislative Assemblies of the State including
National Capital Territory of Delhi and the Union Territory of
Puducherry.

Reasons for Indirect Election

1. If the president is directly elected by the country’s people, he could

become a rival centre of power to the council of ministers.
2. Election of the president by the majority votes of the ruling party could
make the President a nominee of the ruling party like the prime minister.
3. The election of the President by the electoral college makes the President
the elected representative of the whole nation.

Term of Office
● The president holds the office for a term of 5 years.
What is Impeachment?
Ans: Impeachment is the process by which the president can be removed
for the violation of the Constitution.

What is the Procedure for Impeachment of the President?

Either houses can level the charge as follows
⮚ #The resolution which is moved after at least 14 days’ notice in
writing signed not less than 1/4th of the members of the House
⮚# If the resolution is passed by a majority of not less than 2/3rd of
the membership of the House.
⮚# If the charge is passed by one house, then the other house has the
right to investigate the charge thoroughly and the President has
the right to appear and represent at such an investigation.
⮚# If the investigation leads to 2/3rd of both the houses agreeing to
the impeachment of the President then the President must leave.

POWERS OF THE PRESIDENT OF INDIA

I. Executive Powers:
1. The President is the Head of the Union Administration-All
executive orders are issued in the name of the President.
2. The President appoints all the officials of the State: He/She can appoint:
⮚ #The Prime Minister, the Council of Ministers
⮚# The chief justice and the judges of the Supreme Court
⮚ #The Governors of the State
⮚# The Lt. Governor and the Chief Commissioners of the Union
Territories
⮚ #The Attorney General of India
⮚ #The Comptroller and Auditor General of India
⮚# The Chairman and members of the Union Public Service
Commission
⮚# The Chairman and members of the Planning Commission
⮚ #The chairman and members of the Economic Commission
[Link] President has control over State Governments during the President’s rule in the State.
[Link] President administers the Union Territories and Border areas

II. Legislative Powers:

[Link] Sessions of Parliament:
⮚ #The President addresses both the Houses of Parliament assembled
together for the first session after each General Election to Lok
Sabha.
⮚ #The President addresses both the Houses of Parliament at the
commencement of the first session of each year.
⮚# In these addresses he/she has to lay emphasis on internal as well
as external policies of the government.
⮚# The President has the power to address either House of
Parliament or their joint sitting at any time.
[Link] to Parliament:
⮚ The President has the power to send a message to either House of
Parliament regarding pending bills or any other matter.
[Link] and prorogue the houses:
⮚ #The President has the power to summon and prorogue the houses
of parliament.
⮚# There should not be a gap of more than six months between two
sessions of each house.
⮚ There are 3 sessions-
1. Budget session
2. Monsoon session
3. Winter session
[Link] the Lok Sabha :
⮚ The President can dissolve the Lok Sabha and order fresh
elections.
[Link] of members: - The President nominates 12 members to the Rajya Sabha from
among persons having special knowledge or
practical experience in literature, science, art, social service.
6. Assent to Bills: -
⮚ No bill can be passed without the assent and the sign of the
president.
⮚ Once a Bill is passed by both the Houses, it is sent to the
President for his/her approval.
⮚ The President can either pass the Bill or send it back with
recommendations.
⮚ However, if the Bill is passed again in the same form, he/she has
to give assent to the Bill.
: [Link] Ordinances (a temporarily law):-
⮚ #The President can promulgate an ordinance, which has the same
status as an Act of parliament. #The president can withdraw it
anytime.
⮚ #The President should be satisfied that the circumstances make it
necessary to take immediate action.

⮚ An Ordinance can only be promulgated at a time when both

houses of parliament are not in session.
⮚# The ordinance should be laid before both Houses when they
reassemble. If the parliament doesn't approve, it lapses.
⮚# If it is approved, it will stop to operate at the end of 6 weeks
from
the date of the Parliament re-assembles.
⮚# The Ordinance lapses if it is replaced by the Act of Parliament.

[Link] to some State Bills:-

#The governor may reserve some Bills passed by the State
legislature for the consideration of the President.
# The President can refuse his/her assent or send it back with
recommendations.
Bills affecting matters such as the power of the High Court are
reserved for the consideration of the

[Link] of New States:-

A bill for the formation of new States or alteration of areas of the
existing States cannot be introduced except on the President's
recommendation.

III. Discretionary Powers-

• Appointment of the Prime Minister in a situation where no single party
commands the clear support of the majority of the Lok Sabha members and there is a hung
Parliament.
● Appointment of a Prime Minister in case of sudden death of the
incumbent.
● When the ruling party who has lost majority support in the Lok Sabha or
when a vote of no-confidence may have been passed against it,
recommends to the President to dissolve the Lok Sabha, then it is at the
discretion of the President to either dissolve the House or ask another
party to prove its majority on the floor of the House.
● The President can dismiss Ministers in case the Council of Ministers
loses the confidence of the House but refuses to resign.
IV. Emergency Powers
An emergency is a sudden or unforeseen situation demanding immediate action.
[Link] or General Emergency:

#If the 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 aggression or armed rebellion, he may proclaim an
emergency.
#He cannot proclaim an emergency issue unless he has the writing
approval of the Union Cabinet.

[Link] of Constitutional Machinery:

#If the President is satisfied that the governance of the STATE cannot
be carried on in accordance with the Constitution, he may declare an
emergency in the State. This is called President’s rule.
#The President assumes all or any of the functions of the Government
of the State.

[Link] Emergency:
If the President is satisfied that the financial stability or credit of the
nation is threatened, he can declare a Financial Emergency.

VICE – PRESIDENT
Qualifications for Elections for the Vice-President-
• Is a citizen of India
• Has completed the age of thirty-five years
• Is qualified for election as a member of the Council of States.
• Must not hold any office of profit under the Government of India
Term Of Office-
• He/She must hold the office for a term of 5 years.

Powers and Functions of the Vice-President:

[Link] Vice President is the Chairman of the Rajya Sabha-

Is the ex-officio chairman of the Rajya Sabha
#Regulates debates and proceedings of the House
#Decides the order of speeches
#Decides the admissibility of a resolution or of questions.
# May suspend or adjourn the business of the House if there is
grave disorder.
[Link] Vice President takes over the office of the President-
#if the President dies
#if the President resigns
#if the President is removed by impeachment.
# if the President is unable to perform his duties due to absence,
illness.

HE CAN ONLY BE THE PRESIDENT UNTIL A NEW PRESIDENT TAKES OVER