Union Executive and Presidential Elections

Union Executive

• Articles 52-78 in Part V of the Constitution deal with the Union executive
• The Union executive comprises the President, Vice-President, Prime Minister, Council of Ministers, and Attorney General of India
• The President is the head of the Indian state, acts as the symbol of national unity, integrity, and solidarity, and is the first citizen of India

Election of the President

• The President is not elected directly by the people, but by members of an electoral college
• The electoral college consists of:
• Elected members of both Houses of Parliament
• Elected members of legislative assemblies of the states
• Elected members of legislative assemblies of Union Territories (Delhi and Puducherry)
• Nominated members of Parliament and legislative assemblies, and members of state legislative councils (in bicameral legislatures) do not participate in the election
• Where an assembly is dissolved, its members cease to be qualified electors
• Voting at presidential elections requires uniformity in representation by states, as well as parity between the states and the union in the electoral college.
• Every elected member of a state legislative assembly gets votes based on a quotient obtained from the population of the state divided by the total elected members of the state assembly, rounded to the nearest multiple of one thousand
• Every elected member of parliament (MP) gets a number of votes based on proportion to the total votes of the elected members of legislative assemblies of states

Electoral Quota

• The electoral quota formula is (total valid votes +1) / (no. candidates elected +1)

Voting Process

• Each member of the electoral college receives one ballot
• Voters mark their preferences (1, 2, 3, etc) for candidates on the ballot paper
• First preference votes are counted to determine whether a candidate has secured the required quota. If not, votes are transferred based on second, third preferences until a candidate reaches the quota
• Disputes related to the election are resolved by the Supreme Court

Qualifications

• A person must be an Indian citizen

• Be at least 35 years old

• Be qualified as a member of Lok Sabha

• Not hold any office of profit under the Union or states government, or local authorities.

Oath or Affirmation

• Prior to assuming office, the President must take an oath or affirmation embodying faithfully executing the office, upholding the constitution and laws of India, and serving people.
• Oath administered by the Chief Justice of India or seniormost Supreme Court judge available

Conditions of President's Office

• The President can't be a member of either Parliament or any state legislature.
• The President cannot hold any other office of profit.
• President gets to live in Rastrapati Bhavan.
• The salary and perks of the President can't be lowered during term of office.

Term of President's Office

• The President holds office for a term of five years
• Resignation is possible by letter to Vice President.
• Removal is possible via impeachment process
• The President can continue holding office beyond the five-year term until the successor assumes office.

Impeachment

• The President can be removed from office via impeachment process for violating the Constitution. 
• The process begins in either House of Parliament with charges signed by at least one-fourth of members and 14 days' notice to the President
• After an impeachment resolution has passed with a two-thirds majority in one house it is forwarded to the other for investigation
• If the second house also passes the impeachment resolution with a two-thirds majority it is valid.

Vacancies in the President's Office

• Expiry of five-year term
• Resignation
• Removal/Impeachment
• Death

Powers and Functions

• Executive Power: The President acts in the name of the Government of India, makes rules about authenticated orders, appoints PM & ministers etc.

• Legislative Power: The President can summon/prolong/dissolve Parliament; can send messages to Parliament; nominate members to Rajya Sabha; can make regulations in territories (certain areas)

• Financial Power: The president's financial powers include recommending money bills, presenting annual financial statements (the Union Budget), and approving demands for government grants

• Judicial Power: The president appoints judges to Supreme Court and High Courts, can seek legal advice from the Supreme Court

• Diplomatic Power: The President represents India internationally, negotiating and concluding treaties/agreements (subject to Parliament's approval), and sending/receiving diplomats

• Military Power: The President is the Supreme Commander of the defence forces; appoints chiefs of the armed forces, and can declare war/peace (subject to Parliament approval).

• Emergency Power: Powers to deal with national emergencies (Article 352), President’s rule (Article 356 & 365), and financial emergencies (Article 360)

Veto Power

• The president can either approve, reject or send the bill back to the parliament for reconsideration (if it not a money bill)
• For bills coming from legislatures (states) the same power applies
• The president cannot use a veto for constitutional amendments

Ordinance Power

• The president can issue ordinances when parliament is not in session
• The ordinance power functions concurrently with the parliament’s law-making.
• Ordinances must be presented to parliament when it convenes.
• The ordinance will lapse within six weeks of parliament’s re-assembly unless approved
• An ordinance cannot override the fundamental rights of citizens under the Indian constitution.

Pardoning Power

• The President can grant pardons, reprieves, respites, remissions of punishment, and commute sentences to persons convicted of offences under Union law, or court martial, or those punishable under the death penalty.
• The Supreme Court has determined certain limitations on this power.

Explore the structure and functions of the Union executive as outlined in Articles 52-78 of the Indian Constitution. This quiz covers key roles such as the President, Vice-President, and Prime Minister, as well as the election process of the President by the electoral college. Test your knowledge and understanding of this vital component of the Indian political system.