Government of Tamilnadu

Department of Employment and Training

Course : TNPSC Group II Exam

Subject : Indian Polity
Topic : Union Executive

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 UNION EXECUTIVE
UNION EXECUTIVE

PRESIDENT VICE-PRESIDENT PM with COMPTROLLER

COMs AND AUDITOR
GENERAL OF INDIA

Organisational Structure of Union Government

President (Nominal Executive)

Vice President

Prime Minister (Real Executive)

Cabinet

Parliament

Lok Sabha Rajya Sabha

Committees of Lok Sabha Committees of Rajya Sabha

Joint Committees of both the Houses

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 Union Executive

PRESIDENT 4. He should not hold any office of

1. Article 52-78 in Part V of the profit under the Government.

constitution, deals with Union 5. He must be supported by

Executive. atleast 50 elector as proposer
2. The President is the head of the and 50 electors as seconders.
Indian State. 6. Security deposit - Rs.25,000,

3. He is the first Citizen of India. Lost deposit if the person got

less than 1/6th of vote.

PART V: The Union

CHAPTER I - The Executive Election: (Article 54 and 55)

Article 52 The President of India. 1. Indirect Election.

Article 54 Election of President. 2. Not directly elected by the
Article 55 Manner of Election of
President. people, but by the members of
Article 61 Procedure for electoral college. The Electoral
impeachment of the
President. college consists of
Article 72 Power of President to  Elected members of both the
grant pardons, to
suspend, remit or Houses of parliament.
commute sentences in
certain cases.
 Elected members of legislative
Qualifications: (Article 58) assemblies of the state.
1. He should be a Citizen of India.  Elected members of the legislative
2. He must have completed the assemblies of Union territories of
age of 35 years. Delhi and Puducherry.
3. He should be qualified to  Nominated members should not in
become the member of the Lok the came under electoral college.
Sabha.

3. Value of vote of an MLA.

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 Union Executive

4. Value of vote of an MP  In his absence senior most

Judge of the Supreme Court
available.
Salary :
5. Electoral Quota
 Salary and privileges are
determined by Parliament.

6. Secret ballot, system of Resignation :

proportional representation by  Address his Resignation letter to
means of single transferable Vice-President of India .
vote.  Vice-President communicate it to
7. All doubts and disputes in the Speaker of Lok Sabha about
connection with election of his resignation.
President are inquired into and
decided by Supreme Court, Removal:
whose decision is final.  Impeachment for violation of
constitution.
Term of Office: (Article 56)
1. The president hold office for a Vacancy:
term of 5 years. 1. In case the office falls vacant
2. He can hold office beyond his due to death, resignation or
term until his successor removal, the Vice-President act
assumes charge. as President. (If he is not
3. He is eligible for re-election to available then Chief Justice, if
that office. not then senior - most judge of
4. He may be elected for any Supreme Court).
number of times. 2. The election is to be held within
six months of vacancy.
Oath of Office: (Article 60)
 Oath is administered by Chief
Justice of India.
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 Union Executive

Impeachment of the President (Art. 61)

 Under Art.61 of the Constitution, The President of India can be impeached for
the violation of the Constitution, which is solely to be decided by the
Parliament.
 The impeachment procedure is quasi-judicial in nature. Impeach menu can
be initiated in either house. Originating House passes Resolution to this effect
by a 2/3rd majority of the strength of the House (resolution supported by not
less than 25%) of the members of the House.
 It will be moved only after a prior notice of 14 days to the President).
 The other House sets up a Committee to investigate the charges against the
President.
 The President can defend himself by taking service of the Attorney General of
India or any other lawyer of his choice.
 If the second house also passes the resolution with the same 2/3 rd majority of
the strength of the house, the President stands impeached.
 So Far no President Impeached.
 Nominated members of either House of Parliament can participate in the
impeachment of the president though they do not participate in his election.
 The elected members of the legislative assemblies of states and Union
Territories of Delhi & Puducherry do not participate in impeachment though
they participate in election.

List of Presidents:

Sl. No. Period Victorious Candidate Special Features

1. 1952 - 1962 [Link] Prasad Only President to secure
two terms in office
2. 1962 – 1967 [Link] He received Bharat
Ratna Award in 1954
before becoming the
President

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 Union Executive

3. 1967 – 1969 [Link] Hussain 1st Indian President died

in office.
4. 3rd May 1969 – 20th [Link] Only Person served both
July 1969 an acting President and
President of India
5. 20th July 1969 – Mohammed Hidayatullah Chief Justice of India,
24th August 1969 who acted as President
of India
6. 24th August 1969 – [Link]
24th August 1974
1974 – 1977 Fakhruddin Ali Ahmed Second Indian President
to die in office
1977 – 1982 N. Sanjeeva Reddy 1st Chief Minister of
Andhra Pradesh
7. 1982 - 1987 Giani Zail Singh
8. 1987 – 1992 [Link]
9. 1992 – 1997 [Link] Dayal
Sharma
10. 1997 - 2002 [Link]
11. 2002 – 2007 [Link] Kalam Affectionately known as
people’s President
12. 2007 - 2012 [Link] Patil 1st Woman to become
the President of India.
She was also the first
female governor of
Rajasthan
13. 2012 to till date Pranab Mukherjee

POWERS: 2. He can make rules for more

Executive Powers: convenient transaction of business
1. All executive actions of the of the Union government, and for
Government of India are formally allocation of the said business
taken in his name. among the ministers.

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 Union Executive

3. He can declare any area as bill pending in the parliament or

scheduled area and has powers otherwise.
with respect to the administration of 5. Appoint any member of the Lok
scheduled areas and tribal areas. Sabha as the Speaker or Deputy
4. He appoints : PM, Ministers, Chief Speaker when the year office fall
Justice and Judges of Supreme vacant (same way in Rajya
Court and High Court, Chairman Sabha).
and members of UPSC, Comptroller 6. In persons having special
and Auditor General, Attorney knowledge in literature, science,
General, Chief Election Art and social Service.
Commissioner and Other members Nominates: 12 members - Rajya
of Election Commission, Governors, Sabha. 2 Members to Lok Sabha
Members of Finance Commission, (Anglo-Indian Community).
Ambassadors. 7. Prior Recommendation is needed
5. He directly administers the Union to introduce certain type of bills in
Territories through the [Link], Parliament. (Ex. Bill having
Commissioner, Administrator. expenditure from
(i). Consolidated fund of India
Legislative Powers: (ii) alteration of boundaries
1. Can summon and prorogue the (iii) creation of new states
session of the two houses and a) Assent to the bill
can dissolve Lok Sabha. b) With hold his assent
2. Can address both the houses c) Return (if it is not a money
jointly or separately. bill or a constitutional
3. Addresses the first session after amendment bill).
general election and at the 8. He enjoys 3 type of veto - powers
commencement of the first 1) Absolute Veto
session of a each year. 2) Suspense Veto
4. Can send messages to both the 3) Pocket Veto
houses, whether with respect to a 9. Enact laws through ordinance
Article 123 when the parliament

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 Union Executive

is not in session (Ordinance must completely absolves the offender

be approved by Parliament within from all punishments and
6 weeks of reassembly). Also disqualifications.
withdraw ordinance at any time. 2) Reprieve: It means a stay of the
10. Lays the report of Comptroller execution of a sentence for a
and Auditor General, UPSC, the temporary period.
Finance Commission and others 3) Remission: The power of
before the parliament. remission reduces the period of
sentence without changing its
Financial Powers: character. E.g., a sentence of
 All money bills can originate in imprisonment for one year may
Parliament (prior recommendation be remitted for six months.
of President). 4) Respite : The power to grant
 No Demand for grant can be made respite means awarding a lesser
except on his recommendation. sentence instead of the
 Make advances out of the prescribed penalty in view of
Contingency Fund of India to meet some special facts E.g.
any unforeseen expenditure. pregnancy of the woman
 Appoints finance commission. offender.
(Every 5 years). 5) Commutation: It merely
 He can laid before the Annual substitutes one form of the
financial statement before punishment for a lighter character
parliament. - death by transportation,
transportation by rigorous
Judicial Powers: Art. 72 imprisonment, rigorous
Appoints Chief Justice of Judges of imprisonment by simple
SC & HC. The President’s pardoning imprisonment, and simple
power comprises a group of imprisonment by fine and so on.
analogous powers.
1) Pardon : It removes both the Military Powers:
sentences and the conviction and
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 Union Executive

 President, the Supreme vested in him to deal with

Commander of the Defence unforeseen or urgent matters. But,
Forces of India. the exercises of this power is
 Appoints Chiefs of Army, Navy subject to the following four
& Air Force. limitations:
 Declares war or conclude  He can promulgate an ordinance
peace, subject to the approval only when both the Houses of
of the Parliament. Parliament are not in session or
when either of the two Houses of
Diplomatic Powers: Parliament is not in session.
 Represents country in international  He can make an ordinance only
forums. when he is satisfied that the
 Sends ambassadors & receives circumstances exist that render it
diplomats. necessary for him to take
 International treaties & immediate [Link] 38th
agreements are concluded on his Constitutional Amendment Act of
behalf. 1975 made the President’s
satisfaction final and conclusive
Ordinance-Making Power of the and beyond judicial review. But,
President this provision was deleted by the
1. Article 123 of the Constitution 44th Constitutional Amendment
empowers the President to Act of 1978.
promulgate ordinances during the  His ordinance-making power is
recess of Parliament. These coextensive as regards all
ordinances have the same force matters except duration, with the
and effect as an act of Parliament, law-making powers of the
but are in the nature of temporary Parliament. This has two
laws. implications:
2. The ordinance-making power is a) An ordinance can be issued
the most important legislative only on those subjects on
power of the President. It has been
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 Union Executive

which the Parliament can  Financial Emergency - Art.

make laws. 360
b) An ordinance is subject to the
same constitutional limitation VICE PRESIDENT
as an act of Parliament.  The Vice-President occupies the
Hence, an ordinance cannot second highest office in the
abridge or take away any of country.
the fundamental rights.  This office is modelled on the
lines of the American Vice-
 Every ordinance issued by the President.
President during the recess of  Article 63 : Vice President of
Parliament must be laid before India
both the Houses of Parliament  Article 66 : Election of Vice
when it reassembles. If the President
ordinance is approved by both  Elected by both the houses
the Houses, it becomes an act. If (Electoral College) of parliament
Parliament takes no action at all,  The Supreme Court has the final
the ordinance ceases to operate and exclusive jurisdiction for
on the expiry of six weeks from resolving disputes and doubts
the reassembly of Parliament. relating to the election of the
The ordinance may also cease to Vice-President.
operate even earlier than the
prescribed six weeks, if both the Qualification:
Houses of Parliament pass  Citizen of India.
resolutions disapproving it.  More than 35 years of age.
 Possess the qualification for
 Emergency Powers: President membership of Rajya Sabha.
can Declare  Not hold any office of profit.
 National Emergency - Art. 352
 State Emergency - Art. 356 Term of Office: (Article 67)
 Holds office for 5 years.
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 Union Executive

 Can be re-elected. Oath: (Article 69) - is administered by

 He is the chairman of Rajya the President or some person
appointed in that behalf by him.
Sabha.
 He is not a member he has no
right to vote but in case of
equality of votes he can use
casting vote.
LIST OF VICEPRESIDENT:

Sl. No. Period Victorious Candidate

1. 1952 - 1962 Dr. Sarvepalli Radhakrishnan
2. 1962 – 1967 Dr. Zakir Hussain
3. 1967 – 1969 [Link]
4. 1969 – 1974 Gopal Swarup Pathak
5. 1974 – 1979 B.D. Jatti
6. 1979 – 1984 Justice Muhammad Hidayatullah
7. 1984 – 1987 R. Venkataraman
8. 1987 – 1992 Dr. Shankar Dayal Sharma
9. 1992 – 1997 K.R. Narayanan
10. 1997 – 2002 Krishan Kant
11. 2002 – 2007 Bhairon Singh Shekhawat
12. 2007 to 2017 [Link] Ansari
13. 2017 onwards Venkaiah Naidu

 Being the Vice President of  All bills, resolution, motion can

India, he is not entitled for any be taken in Rajya Sabha after
salary; but draws the salary and his consent.
allowances payable to the  Can discharge the function of
Chairman of the Rajya Sabha. President if the post falls vacant.
(For 6 months).

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 Union Executive

The Vice President takes over the Appointment of the Prime Minister:
office of the President when the  Article 75 says only that the Prime
situation arises due to Minister shall be appointed by the
1. death of the President; President and other minister are
2. resignation of the President; appointed on PM’s advice.
3. removal of the President;  The President has to appoint the
4. absence, illness or any other leader of the majority party in the
cause, When he discharges the Lok Sabha as the Prime Minister.
functions of the President, the But, when no party has a clear
Vice President does not perform majority in the Lok Sabha, then the
the duties of the office of the president may exercise his
Chairman of Rajya Sabha and personal discretion in the selection
shall not be receive the salary of and appointment.
the Chairman of Rajya Sabha.
During this period, he is entitled
for the privileges of the Oath, Term and Salary:
President of India.  President administers the oaths
5. Present salary is Rs. 1,25,000/- of office and secrecy.
per month. Pension is 50% of  The term of the Prime Minister is
the salary not fixed and he holds office
during the pleasure of the
PRIME MINISTERS President.

In the scheme of parliamentary  He gets the salary and

system of government, the President is allowances that are payable to a

the nominal executive authority (de member of parliament.

jure executive) and Prime Minister is

the real executive authority (de facto Powers and Functions:

executive). In Relation to Council of Ministers

 He recommends persons who
can be appointed as ministers by
the president.

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 Union Executive

 He allocates and reshuffles  He can recommend dissolution

various portfolios among the of the Lok Sabha to President at
ministers. any time.
 He can ask a minister to resign  He announces government
or advise the President to policies on the floor of the house.
dismiss him in case of difference
of opinion. Other Powers & Functions
 He presides over the meeting of  He is the chairman of the
council of ministers Planning Commission, National
Development Council, National
In Relation to the President Integration Council, Inter-State
 He is the principal channel of Council and National Water
communication between the Resources Council.
President and the council of  He plays a significant role in
ministers. shaping the foreign policy of the
 He advises the president with country.
regard to the appointment of  He is the chief spokesman of the
important officials like attorney Union government.
general of India, Comptroller and  He is the crisis manager-in-chief

Auditor General of India, at the political level during

chairman and members of the emergencies.
UPSC, election commissioners,
chairman and members of the COUNCIL OF MINISTERS
finance commission and so on.  The council of ministers headed by
the prime minister is the real
In Relation to Parliament executive authority in our
 He advises the president with politico administrative system.
regard to summoning and  Article 74 deals with the status of
proroguing of the sessions of the the council of ministers while,
Parliament. Article 75 deals with the
appointment, tenure, responsibility,
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 Union Executive

qualification, oath and salaries and  The council of ministers shall be

allowances of the ministers. collectively responsible to the Lok
Sabha.
Article 74 – Council of Ministers to
aid and advise President: Nature of Advice by Ministers:
1. There shall be a Council of  Article 74 provides for a council
Ministers with the Prime Minister of ministers with the Prime
at the head to aid and advise the Minister at the head to aid and
President who shall, in the
advise the President in the
exercise of his functions, act in
exercise of his functions. The
accordance with such advice.
 The advice tendered by Ministers 42nd and 44th Constitutional

to the President shall not be Amendment Acts have made the

inquired into any court. advice binding on the President.

 The council of ministers consists

Article 75 – Other Provisions as to of 3 Categories of Ministers

Ministers: namely,

 The total number of ministers, 1) Minister of Cabinet Rank

including, the Prime Minister, in 2) Minister of State

the Council of Ministers shall not 3) Deputy Minister.

exceed 15% of the total strength  It is a team & its members sink or

of the Lok Sabha. The provision swim together. (Article 75).

was added by the 91st  The cabinet ministers head the

Amendment Act of 2003. important ministries of the Central

 A member of either house of government like home, defence,

Parliament belonging to any finance, external affairs and so

political party who is disqualified forth. They are members of the

on the ground of defection shall cabinet, attend its meetings and

also be disqualified to be play an important role in deciding

appointed as a minister. This policies.

provision was also added by the 2. The ministers of state can either
be given independent charge of
91st Amendment Act of 2003.
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 Union Executive

ministries/departments or can be Cabinet Committees:

attached to cabinet  They are of two types – standing
[Link], they are not and adhoc. The former are of a
members of the cabinet and do
permanent nature while the latter
not attend the cabinet meetings
are of a temporary nature. The ad
unless specially invited when
something related to their hoc committees are constituted
ministries/departments are from time to time to deal with
considered by the cabinet. special problems. They are
 Next in rank are the deputy disbanded after their task is
ministers. They are not given completed.
independent charge of ministries
/ departments. They are attached
to the cabinet ministers or
ministers of state and assist them
in their administrative, political,
and parliamentary duties. They
are not members of the cabinet
and do not attend cabinet
meetings.

Kitchen Cabinet:
 The cabinet, a small body
consisting of the prime minister
as its head and some 15 to 20
most important ministers, is the
highest decision-making body in
the formal sense. However, a still
smaller body called the ‘inner
Cabinet’ or ‘Kitchen Cabinet’ has
become the real centre of power.

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