History &

Civics
Assignment
The Union
Executive: (A)
The President
(B) The Vice-
President
Name : Subham Kumar Meena
Class : X Section : A
THE UNION EXECUTIVE:
(A) THE PRESIDENT
(B) THE VICE-PRESIDENT
INTRODUCTION

The Union Executive of India stands as a vital pillar of the country's democratic framework,
embodying the executive branch of the federal government. Comprising a complex hierarchy of
offices, institutions, and officials, it operates at the apex level to administer the nation's affairs,
execute laws, and formulate policies under the constitutional mandate.

At the apex of the Union Executive is the President of India, who serves as the ceremonial head
of the state and the supreme commander of the armed forces. While largely symbolic, the
President's role carries significant constitutional responsibilities, including the power to appoint
the Prime Minister, dissolve the Lok Sabha (House of the People), and enact laws. The President
operates on the advice of the Council of Ministers, headed by the Prime Minister.

The Prime Minister, appointed by the President, is the de facto head of government and exercises
substantial executive authority. As the leader of the majority party or coalition in the Lok Sabha,
the Prime Minister shapes government policies, oversees the functioning of various ministries,
and represents India on the international stage. Alongside the Prime Minister, the Council of
Ministers comprises key cabinet members, ministers of state, and deputy ministers, each
entrusted with specific portfolios to manage various aspects of governance.

(A) THE PRESIDENT OF INDIA

The president of India is the head of state of the Republic of India. The president is the
nominal head of the executive,[a] the first citizen of the country, as well as the supreme
commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president,
having taken office on 25 July 2022.

The president of India is the head of state of the Republic of India. The president is the
nominal head of the executive, the first citizen of the country, as well as the supreme commander
of the Indian Armed Forces.

Article 53 of the Constitution of India states that the president can exercise their powers
directly or by subordinate authority, though all of the executive powers vested in the president
are, in practice, exercised by the prime minister heading the Council of Ministers. The president
is bound by the constitution to act on the council's advice and enforce the decrees passed by the
Supreme Court under Article 142.

Qualification For Election

Article 58 of the constitution sets the principal qualifications one must meet to be eligible for the
office of the president. A president must be:

 a citizen of India
 of 35 years of age or above
 qualified to become a member of the Lok Sabha

A person shall not be eligible for election as president if they hold any office of profit under the
Government of India or the Government of any State or any local or other authority subject to
the control of any of the said Governments.

Certain office-holders, however, are permitted to stand as presidential candidates. These are:

 The current Vice President

 The governor of any state
 A Minister of the Union or any state (including the prime minister and chief ministers)[20]:
72
Article 57 provides that a person who holds, or who has held, office as president shall, subject to
the other provisions of this constitution, be eligible for re-election to that office.

Under the Presidential and Vice-Presidential Elections Act, 1952,[44] a candidate to be nominated
for the office of president needs 50 electors as proposers and 50 electors as seconders for their
name to appear on the ballot.

Term of Office
Article 56(1) of the constitution provides that the president shall hold office for a term of
five years, from the date on which they enter their office. According to Article 62, an election to
fill a vacancy caused by the expiration of the term of office of President shall be completed
before the expiration of the term. An election to fill a vacancy in the office of President occurring
because of their death, resignation or removal, or otherwise shall be held as soon as possible
after, and in no case, later than six months from, the date of occurrence of the vacancy and the
person elected to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold
office for the full term of five years from the date on which they enter their office.

Vacancy

The Office of the president falls vacant in the following scenarios:

1. On the expiry of their term.

2. because of death.
3. because of resignation.
4. Removal by the Supreme Court.
5. Removal by impeachment.

Article 65 of the Indian constitution says that the Vice-President of India will have to discharge
the duties if the office falls vacant due to any reason other than the expiry of the term. [31]: 20.10 The
vice president reverts to their office when a new president is elected and enters office. When the
president is unable to act because of absence, illness or any other cause, the vice president
discharges the president's functions until the president resumes the duties.

Procedure Of Impeachment

The Supreme Court shall inquire and decide regarding all doubts and disputes arising out
of or in connection with the election of a president per Article 71(1) of the constitution. The
Supreme Court can remove the president for electoral malpractices or upon being not eligible to
be a member of the Lok Sabha under the Representation of the People Act, 1951.[56] Subject to
Article 71 (3), parliament made applicable rules/procedures to petition the Supreme Court to
resolve the disputes only that arise during the election process of the president but not the doubts
that arise from their unconstitutional actions/deeds or changing Indian citizenship during the
tenure of the president which may violate the requisite election qualifications. [57]
The president may also be removed before the expiry of the term through impeachment for
violating the Constitution of India by the Parliament of India. The process may start in either of
the two houses of the parliament. The house initiates the process by levelling the charges against
the president. The charges are contained in a notice that has to be signed by at least one-quarter
of the total members of that house. The notice is sent up to the president and 14 days later, it is
taken up for consideration.

Emoluments
The president of India used to receive ₹10,000 per month per the Second Schedule of the
constitution. This amount was increased to ₹5,00,000 in 1998. On 11 September 2008, the
Government of India increased the salary of the president to ₹1.5 lakh. This amount was further
increased to ₹5 lakh in the 2018 Union budget of India. However, almost everything that the
president does or wants to do is taken care of by an annual ₹225 million (equivalent to
₹630 million or US$7.9 million in 2023) budget that the Government allows for their upkeep.[52]
Rashtrapati Bhavan, the president's official residence, is the largest Presidential palace in the
world.[53][54] The Rashtrapati Nilayam at Bolarum, Hyderabad and the Retreat Building at
Chharabra, Shimla are the official Retreat Residences of the president of India. The official state
car of the president is a custom-built heavily armored Mercedes Benz S600 Pullman Guard.
Presidential Election

Article 56(1) of the constitution provides that the president shall hold office for a term of five
years, from the date on which they enter their office. According to Article 62, an election to fill a
vacancy caused by the expiration of the term of office of President shall be completed before the
expiration of the term. An election to fill a vacancy in the office of President occurring because
of their death, resignation or removal, or otherwise shall be held as soon as possible after, and in
no case later than six months from, the date of occurrence of the vacancy; and the person elected
to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the
full term of five years from the date on which they enter their office.

Electrol Collage
The Electoral College of the President of India is a body constituted for the specific purpose of
electing the President. It comprises elected representatives from both the central and state levels
of government, ensuring a federal and proportional representation in the election process. Here's
an overview of the composition and functioning of the Electoral College:

1. Members of Parliament (MPs): Members of both houses of Parliament, namely the Lok Sabha
(House of the People) and the Rajya Sabha (Council of States), form a significant part of the
Electoral College. These members are elected by the citizens of India through a democratic
voting process.

2. Members of Legislative Assemblies (MLAs): Elected representatives from the legislative

assemblies of states and union territories also play a crucial role in the Electoral College. The
number of MLAs from each state and union territory varies based on factors such as population
size and administrative importance.

3. Nomination Process: The President of India is elected by an electoral college comprising MPs
and MLAs. Candidates for the presidency are nominated by at least 50 electors as proposers and
50 electors as seconders. These electors must be members of the Electoral College.

4. Weighted Voting: The voting process in the Electoral College is not based on a simple majority
of members. Instead, the value of each vote is determined by a formula prescribed by law. This
formula ensures that the votes of MPs and MLAs are weighted proportionately based on the
population they represent.

5. Secret Ballot: The election for the President of India is conducted through a secret ballot.
Members of the Electoral College cast their votes anonymously, ensuring the integrity and
confidentiality of the voting process.

6. Counting of Votes: After the voting is completed, the ballot boxes are sealed and sent to a
designated place for counting. The counting process is overseen by the Election Commission of
India. The candidate who secures the majority of votes is declared elected as the President.

7. Constitutional Mandate: The Electoral College for the President of India is established by the
Constitution of India under Article 54. This article lays down the procedure for the election of the
President and outlines the composition of the Electoral College.
Need for Indirect Election
The indirect election process for the President of India, conducted through an Electoral College
comprising elected representatives, serves several essential purposes within the Indian
constitutional framework. Here are some reasons why indirect elections are deemed necessary
for the presidency:

1. Ensuring Federal Representation: India is a diverse nation with states and union territories
having varying population sizes and political dynamics. Indirect elections ensure that the
President represents not only the collective will of the people but also the federal structure of the
country. Each state and union territory has a proportional representation in the Electoral College,
thereby safeguarding their interests.
2. Balancing Regional Aspirations: Direct elections based solely on popular vote might
disproportionately favour regions with higher population densities or political influence,
potentially marginalizing the interests of smaller states or regions. Indirect elections through an
Electoral College provide a mechanism to balance regional aspirations and ensure that the
President represents the entire nation fairly.

3. Maintaining Stability and Consensus: The indirect election process fosters a sense of
consensus-building among political parties and regions. It encourages dialogue, negotiation, and
coalition-building, which are essential for maintaining stability in a diverse democracy like India.
By requiring candidates to secure support from a broad spectrum of elected representatives,
indirect elections promote inclusivity and cooperation.

4. Preventing Populist Influences: Direct elections can sometimes be susceptible to populist

influences or emotional appeals that may not necessarily align with the long-term interests of the
nation. Indirect elections, on the other hand, involve elected representatives who are expected to
exercise prudence, wisdom, and deliberation in their decision-making process. This helps in
selecting candidates based on their qualifications, experience, and suitability for the highest
office rather than on mere popularity.

5. Upholding Constitutional Principles: The Indian Constitution envisages a system of checks

and balances to prevent the concentration of power in any single institution or individual. The
Electoral College system for electing the President aligns with these constitutional principles by
distributing the responsibility of choosing the head of state among multiple tiers of elected
representatives, thereby ensuring accountability and adherence to constitutional norms.
Oath of Office

The oath of office of the President of India holds significant importance in the country's
governance framework, serving both symbolic and practical purposes.

1. Symbolic Commitment: The oath serves as a solemn pledge taken by the newly
elected President during the swearing-in ceremony. It symbolizes the President's
commitment to upholding the principles of the Indian Constitution and fulfilling the
responsibilities of the office.
2. Preservation of Constitutional Integrity: By swearing to preserve, protect, and defend the
Constitution and the law, the President reaffirms their dedication to upholding the
integrity of the constitutional framework. This ensures that the President operates within
the boundaries set by the Constitution and respects the rule of law.
 3. Legal Requirement: The oath of office is a legal requirement for assuming the
presidency. It is prescribed by the Constitution of India under Article 60 and must be
taken before the President can officially assume the duties of the office.
4. Accountability and Responsibility: By pledging to devote themselves to the service and
well-being of the people of India, the President acknowledges their accountability and
responsibility towards the nation and its citizens. This reinforces the President's duty to
govern impartially and under the constitutional principles.
5. Commencement of Tenure: The oath marks the formal commencement of the President's
tenure. It delineates the beginning of their term and signifies the transition of power from
the outgoing President to the newly elected one.

Election Disputes

While disputes in the election of the President of India are relatively rare, they can occur due to
various reasons, including allegations of procedural irregularities, challenges to the eligibility of
candidates, or disputes over the electoral process. Here's an overview of election disputes
concerning the President of India:

1. Violation of Electoral Laws: Any violation of electoral laws or regulations during the
nomination process or the election itself could lead to disputes. This may include
allegations of bribery, coercion, or other illegal practices intended to influence the
outcome of the election.
2. Counting of Votes: Disputes may arise during the counting of votes if there are
discrepancies or irregularities in the process. This could include challenges to the validity
of certain ballots, allegations of tampering with voting machines, or concerns about the
impartiality of election officials.
3. Resolution Mechanisms: Election disputes related to the President of India are typically
addressed through established legal and administrative mechanisms. The Election
Commission of India plays a central role in overseeing the electoral process and resolving
disputes by electoral laws and regulations.
4. Judicial Review: In cases where disputes cannot be resolved through administrative
channels, aggrieved parties may seek judicial review of election-related matters. The
Supreme Court of India serves as the highest court of appeal and may adjudicate on
matters related to the election of the President.
5. Political Implications: Election disputes concerning the President of India can have
significant political implications, as they may affect the legitimacy and credibility of the
elected candidate. They may also impact public confidence in the electoral process and
the functioning of democratic institutions.

Powers of the President

The president’s powers can be studied under the following broad heads, i.e.,
 (1) Executive powers

As per Article 53, the executive power of the country is vested in the president and is exercised
by the president either directly or through officers subordinate to him following the constitution.
When parliament thinks fit it may accord additional executive powers to the president per Article
70 which may be further delegated by the president to the governors of states per Article 160.
Union cabinet with the prime minister as its head, should aid and advise the president in
performing their functions. Per Article 74 (2), the council of ministers or prime ministers are not
accountable legally to the advice tendered to the president but it is the sole responsibility of the
president to ensure compliance with the constitution in performing their duties. The president or
their subordinate officers are bound by the provisions of the constitution notwithstanding any
advice from the union cabinet.

(2) Legislative powers

Legislative power is constitutionally vested in the Parliament of India of which the president is
the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.).
The president summons both the houses (Lok Sabha and Rajya Sabha) of the parliament and
prorogues them. They can dissolve the Lok Sabha.

All bills passed by the parliament can become laws only after receiving the assent of the
president per Article 111. After a bill is presented to them, the president shall declare either that
they assent to the Bill, or that they withhold assent from it. As a third option, they can return a
bill to parliament, if it is not a money bill, for reconsideration.

(3) Emergency powers

The president can declare three types of emergencies: national, state and financial, under articles
352, 356 & 360 in addition to promulgating ordinances under article 123.[26]: 12

National emergency

Under Article 352 of the Indian constitution, the president can declare such an emergency only
based on a written request by the cabinet of ministers headed by the prime minister. Such a
proclamation must be approved by the parliament with at least a two-thirds majority within one
month. Such an emergency can be imposed for six months. It can be extended by six months by
repeated parliamentary approval- there is no maximum duration.[26][page needed]

In such an emergency, Fundamental Rights of Indian citizens can be suspended.[5]: 33 The six
freedoms under the Right to Freedom are automatically suspended. However, the Right to Life
and Personal Liberty cannot be suspended (Article 21).[31]: 20.6

Financial emergency

Article 282 accords financial autonomy in spending the financial resources available to the states
for public purposes.[8][40] Article 293 gives liberty to states to borrow without any limit to its
ability for its requirements within the territory of India without any consent from the Union
government. However, the Union government can insist on compliance with its loan terms when
a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan
in respect of which a guarantee has been given by the Government of India under the liability of
the consolidated fund of India.

(B) THE VICE-PRESIDENT

Jagdeep Dhankhar of the Bharatiya Janata Party is the current vice president. He became vice
president after defeating Indian National Congress candidate Margaret Alva in the 2022 Indian
vice presidential election.

Article 66 of the Constitution of India states the manner of election of the vice president. The
vice president is elected indirectly by members of an electoral college consisting of the members
of both Houses of Parliament and not the members of state legislative assembly by the system of
proportional representation using single transferable votes and the voting is conducted by the
Election Commission of India via secret ballot.[2] The vice president also acts as the chancellor of
Panjab University and Delhi University. The vice president is also the ex officio chairman of the
Rajya Sabha.

Qualifications for Elections

As in the case of the president, to be qualified to be elected as vice president, a person must: [5]

 Be a citizen of India.
 Be at least 35 years of age.
 Not to hold any office of profit.

Term Of Office

The vice president holds office for five years. The vice president can be re-elected any number of
times. However, the office may be terminated earlier by death, resignation, or removal. The
Constitution does not provide a mechanism of succession to the office of vice president in the
event of an extraordinary vacancy, apart from re-election. However, the deputy chairman of the
Rajya Sabha can perform the vice president's duties as the chairman of the Rajya Sabha in such
an event.

Election of the Vice-President

The vice president is elected indirectly, by an electoral college consisting of members (elected as
well as nominated) of both Houses of Parliament (Lok Sabha & Rajya Sabha), by the system of
proportional representation using single transferable votes and the voting is by secret ballot. The
election of the vice president is slightly different from the election of the president as the
members of state legislatures are not part of the electoral college but the nominated members of
the Rajya Sabha are part of it.
Oath of Office

The oath of office of the Vice-President of India serves several important purposes:

1. Constitutional Commitment: By taking the oath, the Vice-President formally pledges

allegiance to the Constitution of India. This demonstrates the Vice-President's
commitment to upholding the principles and values enshrined in the Constitution.
2. Assumption of Office: The oath marks the official assumption of office by the Vice-
President. It is a ceremonial act that signifies the beginning of the Vice-President's term
in office and the commencement of their duties and responsibilities.
3. Symbol of Authority: The oath ceremony is a symbolic event that emphasizes the
authority vested in the Vice-President by the Constitution. It underscores the vice
president's role as the second-highest constitutional authority in the country.
4. Preservation of Constitutional Order: The oath reinforces the principle of
constitutionalism and the rule of law. It signifies the Vice-President's acceptance of the
constitutional framework and their obligation to abide by its provisions in the discharge
of their duties.

Powers and Functions

The Vice-President of India holds a crucial constitutional position and performs various powers
and functions, which include:

1. Presiding Officer of the Rajya Sabha (Council of States): The Vice-President serves as
the ex-officio Chairman of the Rajya Sabha, the upper house of the Indian Parliament. In
this capacity, the Vice-President presides over the sittings of the Rajya Sabha, maintains
order, and interprets the rules of procedure.
2. Casting Vote: In the event of a tie during voting in the Rajya Sabha, the Vice-President
has the authority to cast a tie-breaking vote. This power ensures the resolution of
deadlocks and facilitates decision-making in the upper house.
3. Functioning as Acting President: In the absence of the President of India due to illness,
travel, or any other reason, the Vice-President discharges the duties of the President.
However, the Vice-President cannot exercise the powers of the President if the latter is
incapacitated or has resigned or been removed from office.1
4. Representation and Diplomacy: The Vice-President represents India in various
international forums and diplomatic missions. The Vice-President's overseas visits
contribute to fostering bilateral relations, promoting India's interests, and enhancing
global cooperation.
Vice-President as President

When the Vice-President of India assumes the role of President due to the incumbent President's
death, resignation, removal from office, or inability to discharge duties, they temporarily take on
the full powers and functions of the President. Here's what happens when the Vice-President
becomes the President of India:
 1. Acting President: The Vice-President, upon assuming the role of President, becomes the
Acting President until a new President is elected. During this period, they exercise all the
powers and functions of the President as specified in the Constitution of India.
2. Discharge of Presidential Duties: The Acting President performs all the duties and
responsibilities that are vested in the President, including presiding over meetings of the
Union Cabinet, signing bills into law, appointing judges of the Supreme Court and High
Courts, and representing India in international affairs.
3. Limited Powers: While acting as President, the Vice-President does not hold the office of
President in a permanent capacity. They are only filling the role temporarily until a new
President is elected through the process outlined in the Constitution.
4. Term Limit: The Vice-President, upon assuming the role of Acting President, continues
to hold office until a new President is elected through a special election process
conducted by the Electoral College, as specified in the Constitution.

CONCLUSION
The Union Executive of India, encompassing the President, Vice President, Prime Minister, and
Council of Ministers, holds a paramount position in the country's governance structure. As the
executive branch of the government, it shoulders the crucial responsibility of implementing laws,
formulating policies, and overseeing the administration of the nation.

The Prime Minister, as the head of government, wields significant executive authority.
Appointed by the President, the Prime Minister leads the Council of Ministers and is responsible
for steering the nation's policies and decisions. This includes both domestic affairs and
international relations. The Prime Minister's role is pivotal in shaping India's socio-economic
trajectory and responding to the ever-evolving challenges faced by the country.

BIBLIOGRAPHY

 en.wikipedia.org
 www.linkedin.com
 unacademy.com
 www.india.gov.in
 knowindia.india.gov.in