History of The President and Vice-President PDF

# The President and the Vice-President Let's consolidate our learning by keeping in mind all the key aspects related to the President and the Vice-President. ## The President * Ours is a Parliamentary Form of Government where the President is just the nominal head and all the real powers are unde...

# The President and the Vice-President Let's consolidate our learning by keeping in mind all the key aspects related to the President and the Vice-President. ## The President * Ours is a Parliamentary Form of Government where the President is just the nominal head and all the real powers are under the control of the Prime Minister. * The President has to perform all his functions only as per the guidance of the Prime Minister and the Council of Ministers. ### Qualifications for the Election of the President: The candidate should be a citizen of India and must have completed 35 years of age. * Must be qualified for elections as a member of the Lok Sabha. * Must not hold any Office of Profit. ### Composition of the Electoral College of the President: The President is elected indirectly by the members of an Electoral College comprising of: * The elected members of the Lok Sabha and the elected members of the Rajya Sabha. * The elected members of the State Legislative Assemblies including the National Capital Territory of Delhi and the Union Territory of Puducherry. ### Who decides any dispute over the election of the President? The Supreme Court decides any dispute over the election of the President. ### Term of Office: * The President holds office for a term of 5 years. * The President may submit his resignation to the Vice-President. The Vice-President will communicate the same to the Speaker of the Lok Sabha. * The President may be removed from office through the process called Impeachment for the violation of the Constitution. ### Powers and functions of the President: **a) Executive powers and functions of the President:** * All the executive orders are issued in the name of the President and all the Union officials are his subordinates. * The President appoints the Chief Justice and the Judges of the Supreme Court and the High Courts, the Governors of the States, the Prime Minister and the Council of Ministers on the advice of the Prime Minister. * During the President's rule, the control of the Union Government over the States is complete. * The administration of the Union Territories and the Border Areas is also the responsibility of the President. **b) Legislative powers and functions of the President:** * The President addresses both the Houses of the Parliament during the first session after each General Election to the Lok Sabha or the start of the first session of each year or joint sitting at any point in time. * He has the power to send messages to either House of the Parliament regarding any pending Bill or any other matter. * He nominates 12 members to the Rajya Sabha from the different fields like Science, Literature, Arts, Social Service. * He gives his assent and signature for a Bill to become a law. * A Bill for the formation of the new States or alterations of areas of the existing States is introduced on the recommendation of the President. **c) Discretionary powers and functions of the President:** * The President uses his discretionary powers and appoints the Prime Minister when there is a Coalition Government. * He also appoints the Prime Minister in case of sudden death of the Prime Minister. * He can also dismiss the Ministers in case the Council of Minister loses the confidence of the House but, refuses to resign. **⇒ Meaning of Discretionary Power.** The grey areas where the President uses his own wisdom and judgement without the guidance of the Prime Minister and the Council of Ministers. **d) Emergency powers and functions of the President:** * **National Emergency / General Emergency:** National Emergency is proclaimed by the President if there is danger of foreign aggression, war, external aggression or armed rebellion causing danger to the peace and security of the entire country. * **State Emergency / President's Rule / Breakdown of Constitutional Machinery:** State Emergency is proclaimed if the State cannot function according to the provisions of the Constitution. * **Financial Emergency:** The President declares a Financial Emergency when there is a threat to the financial stability of the entire country. **⇒ Define the term Emergency.** Emergency is a sudden or unforeseen situation demanding immediate action. **⇒ After which procedure can the President proclaim an Emergency?** The President can proclaim an Emergency only after he has the written approval of the Cabinet. **⇒ Effects of a National Emergency:** * During the National Emergency, the Fundamental Rights are partially or wholly suspended. * The State has to follow the instructions given by the Centre. * During emergency, the term of the Lok Sabha may be extended for a period of one year at a time. **⇒ Effects of a State Emergency:** * The State administration is directly placed under the President under the Union Government. * The Governor of the concerned State acts according to the instructions issued by the Union Government. * The President may dissolve the State Legislative Assembly and dismiss the Council of Ministers. * The Union Government can pass laws even on the subjects in the State List for that particular State. **⇒ Effects of a Financial Emergency:** * The President may appoint a Finance Commission to suggest methods to get out of the financial crisis. * The President can reduce the salaries and allowances of people, including the Judges of the Supreme Court and the High Courts. * The President can give instructions to the States about the utilization of the State funds. **⇒ State three examples of National Emergency proclaimed in India.** * 1962 - Chinese aggression on the North-Eastern border of India. * 1971 - When Pakistan attacked India. * 1975 - Under Indira Gandhi **⇒ How many times has the Financial Emergency been declared in India?** The Financial Emergency has never been declared in India. ## The Vice-President ### Qualifications for Election of the Vice-President: The candidate should be a citizen of India and must have completed 35 years of age. * Must be qualified for elections as a member of the Rajya Sabha. * Must not hold any Office of Profit. ### Term of office of the Vice-President: * The Vice-President holds office for a term of 5 years. * The Vice-President may submit his resignation to the Speaker of the Lok Sabha. * The Vice-President may be removed from office through the process called Impeachment for the violation of the Constitution. ### Electoral College of the Vice-President: The Vice President is elected indirectly by the members of an Electoral College comprising of the elected members the Lok Sabha and the elected members of the Rajya Sabha. ### Powers and functions of the Vice-President: **a) Chairman of the Rajya Sabha:** * The Vice-President acts as the Ex-Officio Chairman of the Rajya Sabha. He regulates the debates, the proceedings of the House. * He decides the order of the speeches and he may adjourn the House in case of grave disorder. **b) Taking over as the President:** * The Vice-President takes over the office of the President due to: * the death of the President or resignation or the impeachment of the President * or in a situation when the President is unable to discharge his functions because of absence, illness or any other cause. * The Vice-President acts as the President until a new President is elected unlike the US where the Vice-President becomes the President for the remaining term of office. * The Vice-President does not get his salary as the Vice-President. He gets it in the capacity of the Chairman of the Rajya Sabha.