THE UNION EXECUTIVE

(Articles 52-78 & 123)

 INTRODUCTION
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• President (Article 52-73)

• Vice President
• Council of Ministers
• Attorney General of India

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 PRESIDENT
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• Article 52: President

• Article 53:Executive Powers
• Article 54: Voters in Presidential Election
• Article 55: Manner of Election
• Article 56: Term of Office
• Article 57: Re-Election
• Article 58: Qualification

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 PRESIDENT
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 EXECUTIVE POWERS
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• Case: Ram Jawaya Kapur v State of Punjab

Difficult to explain Executive Powers
Not possible to give exhaustive enumeration of kinds and categories
Includes: Determination of Govt. Policy
Initiation of Legislation
Maintenance of Law & Order
Promotion of social and economic welfare

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 PRESIDENT
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 PRESIDENT
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• Elected Members of Lok Sabha

• Elected Members of Rajya Sabha
• Elected Members of Legislative Assemblies of the States
• Elected Members of Legislative Assemblies of Delhi (1992) and Pondicherry
(1962)

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 ELECTION OFAbout
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template Article 54

• It deals with provisions relating to the election of the President. It says that the
President must be elected by the members of an electoral college. The electoral
college consists of the elected members of both Houses of Parliament and the state
Legislative Assemblies.

MODE OF VOTING: Article 55(3)

• The election of the President should be held according to the system of proportional
representation by means of a single transferable vote. The voting at the presidential
election shall be by secret ballot.

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 DISPUTES REGARDING ELECTION: Article 71
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• It provides that all doubts and disputes arising out of or in connection with the
election of President or Vice President will be adjudicated by the Supreme court and
its decision will be considered final.
• If the election of a person as President is declared void, acts done by him in the
exercise of the powers of the office of President will not be considered invalid by
reason of the order of the Supreme Court.
• Parliament can formulate any law regarding the election of a President in consonance
with the provisions of the Constitution.
• The election of a person as President or Vice President shall not be called in question
on the ground of the existence of any vacancy for whatever reason among the
members of the electoral college electing him.

Case: Dr. N.B. Khare v Election Commissioner of India, AIR 1957 SC 694

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 TERM
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ARTICLE 56 : TERM OF OFFICE OF PRESIDENT

(1) The President shall hold office for a term of five years from the date on which he enters
upon his office:
Provided that –
(a) the President may, by writing under his hand addressed to the Vice-President, resign his
office;
(b) the President may, for violation of the Constitution, be removed from office by impeachment
in the manner provided in article 61.
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1)
shall forthwith be communicated by him to the Speaker of the House of the People.

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 RE-ELECTION: ARTICLE 57
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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.

QUALIFICATION: ARTICLE 58

The Constitution lays down both Positive and Negative qualifications.

Positive Qualifications: A person must
a. Be a citizen of India
b. have completed the age of thirty five years, and
c. be qualified for election as a member of the House of the People
Negative Qualifications: A person should not
d. Hold any office of profit
e. Be a member of either House of Parliament or a House of the Legislature of any state
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 POWERS
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• Executive Powers
• Pardoning Power
• Legislative Powers
• Emergency Powers

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 EXECUTIVE POWERS
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• Power as the Head of the State : Art.52 and 53

• Executive action to be given in his name: Art.77
• Supreme Commander of Armed Forces: Art.53(2)
• Power in relation to Council of Ministers: Art.75
• Power to appoint certain commissions and officials
a. Attorney General: Art.76
b. Comptroller and Auditor General of India: Art.148
c. Chief Election Commission and Election Commissioner: Art.324(2)
d. Chairman and other members of UPSC: Art.316
e. Members of Finance Commission: Art.280
f. All members of National Commission for Schedule Caste: Art.338
g. National Commission for Schedule Tribe: Art.338(A)
h. Judges of Supreme Court: Art.124
i. Judges of High Court: Art. 217
j. Governor of States: Art.155
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 PARDONING POWER
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• Article 72 empowers the President to grant

a. Pardon
b. Reprieve
c. Respite
d. Remission
e. Commute the sentence
• In all the cases where the punishment is given by Court Marshal
• In all the cases where the punishment is called on offence against any law relating to the
matters within the executive power of Union.
• In all the cases where sentence is death sentence.

Case: Kuljeet Singh v Lt. Governor Delhi (Ranga Billa Case)

Case: Kehar Singh V Union of India (Indira Gandhi Murder Case)

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 LEGISLATIVE POWER
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• To decide question as to disqualification of members of Parliament: Art.103

• Nomination of certain members of Council of State
• Summoning, Prorogation and Address the Parliament: Art.85
• Address the House: Art.86
• President to address both the Houses together at the commencement of the first session after general election of
Lok Sabha: Art.87
• To give assent to Bills: Art.111
• Ordinance Making Power: Art.123 : If at any time except when both houses of Parliament are in session, the
President is satisfied, that circumstances excist which renders it necessary for him to take immediate actions, he
may promulgate such ordinance as circumstances require.
The ordinance which is promulgated by the President will have the same effect as that of an act or law of the
Parliament.
The essential conditions to be met by an ordinance are:
It shall be presented before both the Houses of Parliament for passing when it comes to the session;
The ordinance shall cease to operate six weeks after the date of reassembling of the parliament;
The ordinance may also expire if the resolutions disapproving it are passed by both the Houses of Parliament;
It can be withdrawn at any time by the President;
The ordinance must be in consonance to the Constitution of India
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 EMERGENCY POWER
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• Impose National Emergency: Art.352

a. War
b. External Aggression
c. Armed Rebellion
• Impose State Emergency or President’s Rule: Art.356
• Impose Financial Emergency: Art.360

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 REMOVAL OF template
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• By Death
• By Resignation
• By Impeachment

• Procedure of Impeachment: Art.61

The President of India can be impeached under Article 61, for the violation of the Constitution,
on the basis of charges preferred by either House of Parliament.
A resolution with the proposal to prefer such charges must be signed by at least one-fourth of the
total members of the house. The resolution also needs to be passed by at least two-thirds
majority of the house. When the resolution is passed by one of the Houses, the other House must
investigate the charges. The President has been granted the right to be present or to be
represented in such investigations. When the House investigating the charges passes the
resolution by a two-thirds majority and declares the charges as sustaining, it results in removing
the President from his office from the date of passing of the resolution.
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 PROTECTION OFthis
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template Art. 361

1. The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for
the exercise and performance of the powers and duties of his office or for any act done or
purporting to be done by him in the exercise and performance of those powers and duties: Provided
that the conduct of the President may be brought under review by any court, tribunal or body
appointed or designated by either House of Parliament for the investigation of a charge under
Article 61: Provided further that nothing in this clause shall be construed as restricting the right of
any person to bring appropriate proceedings against the Governor of India or the Government of a
State
2. No criminal proceedings whatsoever shall be instituted or continued against the President, or the
Governor of a State, in any court during his term of office
3. No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue
from any court during his term of office

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 PROTECTION
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4. any civil proceedings in which relief is claimed against the President, or the Governor of a State,
shall be instituted during his term of office in any court in respect of any act done or purporting
to be done by him in his personal capacity, whether before or after he entered upon his office as
President, or as Governor of such State, until the expiration of two months next after notice in
writing has been delivered to the President or Governor, as the case may be, or left at his office
stating the nature of the proceedings, the cause of action therefor, the name, description and
place of residence of the party by whom such proceedings are to be instituted and the relief
which he claims

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