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Revision: The Union Executive >> The President and The Vice-President History and Civics (English Medium) ICSE Class 10 CISCE

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Key Points

Key Points: The President of India
  • The President is the Head of the State and holds the executive power of the Indian Union.
  • He/She is the Supreme Commander of the Defence Forces of India.
  • All executive powers are exercised in the name of the President.
  • The President acts on the advice of the Prime Minister and the Council of Ministers.
  • As per the 42nd Amendment, following the Council’s advice is mandatory.
 
Key Points: Qualifications for Election as President
  • Must be a citizen of India.
  • Must be at least 35 years of age.
  • Must be qualified to be a member of the Lok Sabha.
  • Must not hold any office of profit under the Union, State or local government.
  • The President can be re-elected for another term.
Key Points: Composition of the Electoral College
  • Consists of elected MPs of Lok Sabha and Rajya Sabha.
  • Includes elected MLAs of States, Delhi and Puducherry.
  • Nominated members are not included.
  • A candidate needs 50 proposers and 50 seconders and a ₹15,000 security deposit.
  • Election is by proportional representation (single transferable vote) and secret ballot.
Key Points: Manner of Election
  • Votes of MLAs are based on the population of the State and number of elected MLAs.
  • Votes of MPs are calculated by dividing total MLA votes by total elected MPs.
  • Election follows the Single Transferable Vote system with preferences (1, 2, 3…).
  • A candidate winning more than 50% votes is declared elected; otherwise, lowest is eliminated and preferences counted.
  • Election disputes are decided by the Supreme Court of India.
 
Key Points: Reasons for Indirect Election
  • Direct election could make the President a rival power centre to the Council of Ministers, harming the parliamentary system.
  • A directly elected President would need real powers, which the Constitution does not intend.
  • Election only by Parliament could make the President a nominee of the ruling party.
  • An Electoral College (MPs + MLAs) ensures representation of both the nation and the States.

Oath & Term (Brief)

  • The President takes oath to protect the Constitution and serve the people.
  • The term of office is 5 years; resignation is given to the Vice-President and removal is by impeachment.
 
Key Points: Procedure for Impeachment of the President
  • Charges can be initiated in either House of Parliament for violation of the Constitution.
  • A 14-day prior notice signed by at least 1/4th members of the House is required.
  • The resolution must be passed by a two-thirds majority of total membership of that House.
  • The other House investigates the charges; the President has the right to defend himself/herself.
  • If the investigating House also passes the resolution by a two-thirds majority, the President is removed from office.
 
Key Points: Powers of the President of India > Executive Powers
  • Head of Union Administration: All executive actions are taken in the President’s name.
  • Appointments: Appoints PM, Ministers, Judges, Governors, CAG, AG, UPSC members, etc.
  • Control over States: Can issue directions; has full control during President’s Rule.
  • Union Territories: Administers Union Territories and border areas.
 
Key Points: Powers of the President of India > Diplomatic Powers
  • Appoints Indian ambassadors to other countries.
  • Receives foreign ambassadors and diplomats.
  • All treaties and international agreements are made in his/her name.
  • Represents India at international conferences.
 
Key Points: Powers of the President of India > Legislative Powers
  • Addresses Parliament at the first session after general elections and at the start of every year.
  • Summons, prorogues Parliament and can dissolve the Lok Sabha.
  • Nominates 12 members to the Rajya Sabha.
  • Gives assent to Bills; without it, a Bill cannot become law.
  • Promulgates Ordinances when Parliament is not in session.
Key Points: Powers of the President of India > Financial Powers
  • Money Bills are introduced only with the President’s recommendation.
  • The Union Budget is presented in Parliament in the President’s name.
  • The Annual Financial Statement is laid before Parliament on his/her behalf.
  • Can authorise advances from the Contingency Fund of India.
  • Appoints the Finance Commission every five years.
 
Key Points: Powers of the President of India > Military Powers
  • The President is the Supreme Commander of the Armed Forces of India.
  • Appoints the Chiefs of the Army, Navy and Air Force.
  • Declares war and peace on the advice of the Council of Ministers.
 
Key Points: Powers of the President of India > Judicial Powers
  • The President is not answerable to any court for official acts.
  • No criminal case can be filed against the President during the term of office.
  • Has the power to grant pardon, reprieve, respite, remission or commute sentences.
  • This power applies to court-martial cases, Union/Concurrent law offences, and death sentences.
 
Key Points: Powers of the President of India > Discretionary Powers
  • Appoints the Prime Minister when no party has a clear majority (hung Parliament).
  • Appoints a Prime Minister in case of sudden death of the incumbent.
  • Decides whether to dissolve the Lok Sabha or ask another party to prove majority.
  • Can dismiss Ministers if they lose majority support but refuse to resign.
Key Points: Powers of the President of India > Emergency Powers

Three types of Emergency:

  • National/General Emergency (Art. 352)
  • President’s Rule / State Emergency (Art. 356)
  • Financial Emergency (Art. 360)

National Emergency:

  • Declared during war, external aggression or armed rebellion.
  • Fundamental Rights (except Articles 20 & 21) can be suspended and Centre gets full control over States.

President’s Rule (State Emergency):

  • Declared when a State cannot be governed as per the Constitution.
  • State government is suspended and Parliament governs the State.

Financial Emergency:

  • Declared when financial stability of the country is threatened.
  • Salaries may be reduced and Centre controls State finances.

Approval & Duration:

  • All Emergencies require Parliamentary approval and are temporary in nature.
 
Key Points: The Vice-President
  • Constitutional post: Article 63 provides for the Vice-President of India.
  • Qualifications: Must be an Indian citizen, at least 35 years old, qualified for Rajya Sabha, and must not hold an office of profit.
  • Election: Elected by members of both Houses of Parliament through proportional representation by single transferable vote and secret ballot.
  • Oath: Takes oath before the President to uphold the Constitution and discharge duties faithfully.
  • Term: Holds office for 5 years, can resign to the President, continue till successor assumes office, and can be removed by impeachment.
Key Points: Powers and Functions of the Vice-President of India
  • Chairman of Rajya Sabha: Acts as ex-officio Chairman, regulates debates, maintains order, and decides admissibility of questions and resolutions.
  • Disciplinary role: Can adjourn or suspend the House in case of grave disorder.
  • No separate salary: Receives salary only as Chairman of the Rajya Sabha, not as Vice-President.
  • Acts as President: Takes over as President in case of death, resignation, removal, or incapacity of the President until a new one is elected.
  • Dual role: Second Head of the Union Executive and presiding officer of the Rajya Sabha.
 

Important Questions [24]

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