Political Science Notes Part 9: President and Vice-President of India for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 17: President of India

Introduction

The President of India is the head of state and the first citizen, symbolizing unity, integrity, and nationhood. In India’s Parliamentary system, the President is a nominal executive, with real executive power vested in the Prime Minister and Council of Ministers. The President’s role is largely ceremonial but constitutionally significant, acting as a guardian of the Constitution during legislative, executive, and emergency scenarios.

Constitutional Provisions

• Part V (Articles 52–78): Governs the Union Executive, including provisions for the President, Vice-President, Prime Minister, Council of Ministers, and Attorney General of India.
• Article 52: Mandates the existence of a President for India.

Election of the President

• Manner of Election:
  • Indirect Election via an Electoral College comprising:
    • Elected members of Lok Sabha and Rajya Sabha.
    • Elected members of State Legislative Assemblies.
    • Elected members of Legislative Assemblies of Union Territories (Delhi, Puducherry).
  • Exclusions:
    • Nominated members of Parliament and State Legislatures.
    • Members of State Legislative Councils.
    • Proportional Representation by Single Transferable Vote (STV).
    • Secret ballot ensures confidentiality.
    • Purpose: Balances representation between states and population.

Qualifications for Election (Article 58)

• Citizen of India.
• Minimum age: 35 years.
• Qualified to be elected as a Lok Sabha member.
• Not hold any office of profit under Central/State Government or local authority.

Term of Office

• Duration: 5 years from entering office.
• Re-election: Eligible for unlimited terms.
• Vacancy: Occurs due to:
  • Expiry of term.
  • Resignation (addressed to Vice-President).
  • Impeachment.
  • Death.

Impeachment of the President

• Ground: Violation of the Constitution (undefined in Constitution).
• Procedure:
  • Initiated in either House of Parliament with 1/4th members’ signatures.
  • 14 days’ notice to the President.
  • Resolution passed by 2/3rd majority of total membership in the initiating House.
  • Second House investigates; if passed by 2/3rd majority, President is removed.
• Note: No President has been impeached in India’s history.

Powers and Functions of the President

1. Executive Powers:
   • Head of Union Administration.
   • Appoints key officials:
     • Prime Minister and Council of Ministers.
     • Governors, Chief Justice, and Judges of Supreme Court/High Courts.
     • Attorney General, CAG, UPSC members, Election Commissioners.
   • Administers Union Territories via Administrators.
2. Legislative Powers:
   • Summons, prorogues, and dissolves Parliament (Article 85).
   • Addresses Parliament at the start of the first session post-elections.
   • Nominates:
     • 12 members to Rajya Sabha (art, literature, science, social service).
     • 2 Anglo-Indian members to Lok Sabha (provision ended by 104th Amendment, 2020).
   • Gives assent to bills (ordinary, money, constitutional).
   • Can withhold assent or return ordinary bills (not money bills) for reconsideration (Article 111).
   • Promulgates Ordinances (Article 123) when Parliament is not in session.
3. Financial Powers:
   • Money Bills require President’s recommendation (Article 117).
   • Union Budget laid before Parliament in President’s name.
   • Appoints Finance Commission every 5 years (Article 280).
4. Judicial Powers:
   • Grants pardons, reprieves, respites, or remissions (Article 72) for:
     • Offenses under Union laws.
     • Death sentences.
     • Court-martial cases.
5. Diplomatic Powers:
   • Represents India internationally.
   • Appoints ambassadors and receives foreign diplomats.
   • Ratifies treaties (subject to Parliamentary approval).
6. Military Powers:
   • Supreme Commander of Armed Forces.
   • Appoints Chiefs of Army, Navy, Air Force.
   • Declares war/peace (formal role).
7. Emergency Powers:
   • Declares:
     • National Emergency (Article 352).
     • President’s Rule (Article 356).
     • Financial Emergency (Article 360).
   • Plays a critical role during crises, guided by Cabinet advice.

Veto Powers

• Absolute Veto: Refuses assent (e.g., private members’ bills).
• Suspensive Veto: Returns bill for reconsideration (not for money bills).
• Pocket Veto: Delays action indefinitely (no time limit).

Ordinance-Making Power (Article 123)

• Issued when Parliament is not in session and immediate action is required.
• Has the same force as law but requires Parliamentary approval within 6 weeks of reassembly.
• Significance: Ensures governance continuity during parliamentary recesses.

Position of the President: Nominal vs. Real Head

• Article 74: President acts on the advice of the Council of Ministers.
• Can return advice once for reconsideration but must accept thereafter.
• Nominal Role: Ceremonial head, symbolizing national unity.
• Real Power: Vests with the Prime Minister and Council of Ministers.
• Exceptional Influence: Plays a pivotal role during government formation or emergencies.

Important Facts About the President

• First President: Dr. Rajendra Prasad (1950–1962, only President with two full terms).
• First Woman President: Pratibha Patil (2007–2012).
• Current President (as of 2024): Droupadi Murmu (first tribal woman, elected 2022).
• Youngest President: Neelam Sanjiva Reddy.
• First Muslim President: Dr. Zakir Husain.

Recent Developments

• Droupadi Murmu’s Election (2022): Historic as the first tribal woman President.
• 104th Amendment (2020): Ended nomination of Anglo-Indian members to Lok Sabha.

Conclusion

The President of India embodies the nation’s sovereignty and unity, serving as a constitutional guardian and ceremonial head. Though a nominal executive, the President’s role in government formation, legislation, and emergencies is critical. By upholding constitutional values, the President ensures the stability and dignity of India’s democratic republic.

Chapter 18: Vice-President of India

Introduction

The Vice-President of India is the second-highest constitutional office, playing a dual role as:

• Ex-officio Chairman of the Rajya Sabha.
• Acting President during a vacancy in the President’s office.
  The Vice-President ensures legislative continuity and constitutional stability, contributing to India’s parliamentary democracy.

Constitutional Provisions

• Part V (Articles 63–71): Governs the Vice-President’s role, election, and functions.
• Article 63: Mandates the existence of a Vice-President.

Election of the Vice-President

• Manner of Election:
  • Indirect Election via an Electoral College comprising:
    • Elected and nominated members of Lok Sabha and Rajya Sabha.
  • Exclusions: State Legislative Assemblies do not participate.
• Voting System:
  • Proportional Representation by Single Transferable Vote (STV).
  • Secret ballot ensures confidentiality.
  • Candidate must secure a majority of valid votes; if not, votes of the lowest candidate are eliminated, and second preferences are counted.

Qualifications for Election (Articles 66, 102)

• Citizen of India.
• Minimum age: 35 years.
• Qualified to be elected as a Rajya Sabha member.
• Not hold any office of profit under Central/State Government or local authority.

Term of Office

• Duration: 5 years from entering office.
• Re-election: Eligible for unlimited terms.
• Continuity: Can continue until successor assumes office.
• Vacancy: Occurs due to:
  • Expiry of term.
  • Resignation (to the President).
  • Removal.
  • Death.

Removal of the Vice-President

• Procedure:
  • Resolution in Rajya Sabha passed by a majority of all members.
  • Approved by Lok Sabha with a simple majority.
  • 14 days’ notice required.
• Note: No impeachment process (unlike President); removal is a political decision.

Powers and Functions of the Vice-President

1. As Chairman of Rajya Sabha:
   • Presides over Rajya Sabha sessions.
   • Maintains discipline and decorum.
   • Decides points of order.
   • Can suspend members for unruly behavior.
   • No casting vote (only votes as a member in election matters).
2. Acting as President:
   • Assumes President’s role during:
     • Death, resignation, removal, or impeachment of the President.
     • Temporary absence (e.g., President’s illness or travel).
   • Maximum duration: 6 months, by which a new President must be elected.
   • Note: Does not perform Rajya Sabha duties while acting as President.

Comparison: President vs. Vice-President Election

Important Facts About the Vice-President

• First Vice-President: Dr. Sarvepalli Radhakrishnan (1952–1962).
• First to Act as President: Dr. Radhakrishnan (during Dr. Rajendra Prasad’s absence).
• Longest-Serving: Krishan Kant (1997–2002, until death).
• Current Vice-President (as of 2024): Jagdeep Dhankhar.

Salary and Allowances

• As Vice-President: Draws salary as Chairman of Rajya Sabha.
• As Acting President: Entitled to President’s salary and privileges.

Importance of the Vice-President’s Role

• Ensures smooth functioning of Rajya Sabha, representing states’ interests.
• Provides constitutional continuity during Presidential vacancies.
• Strengthens parliamentary democracy by maintaining legislative stability.

Recent Developments

• Jagdeep Dhankhar’s Tenure: Active role in managing Rajya Sabha amid legislative debates (e.g., GST, Triple Talaq bills).
• Rajya Sabha Disruptions: Increased focus on Vice-President’s role in maintaining decorum.

Conclusion

The Vice-President is a vital constitutional figure, balancing legislative leadership as Rajya Sabha Chairman and executive continuity as Acting President. Though often ceremonial, the role ensures parliamentary stability and national governance, embodying the “silent strength” of India’s democratic framework, as reflected in the quote, “The silent strength of Parliament rests in the Chair.”