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Articles 52 to 78 in part five of the Constitution deals with union executive. The union executive consist of President, the Vice President, the Prime Minister, the Council of ministers, and the attorney general of India. The President is the head of Indian states. He is the citizen of India and acts as a symbol of unity, integrity and solidarity of the nation. Election of president The President is elected not directly by the people but by the member of electoral College consisting of;1. The elected members of both Houses of Parliament2. The elected members of legislative assembly of the states; and3. The elected member of legislative assembly of union territories of Delhi and Pondicherry. The Constitution provides that there shall be uniformity in the scale of the presentation of different state as well as parity between state as a whole and union at the election of president. To achieve this, the The number of votes which each elected member of that isolated assembly of each state and the Parliament is entitled to caste at such election shall be determined in following manner. Total value of vote of member of legislative Assembly is equal to total Population of the state divided by total number of elected member in the legislative assembly Multiplied by 1 by thousand. Total value of vote of N member of Parliament is equal to total value of vote of all member of legislative assembly of all the states divided bye total number of elected member of parliament. Powers and functions of the President The powers enjoyed and the functions performed by the president can be studied under the following heads. 1. Executive powers2. Legislative powers3. Financial powers4. Judicial powers5. Diplomatic powers6. Military powers7. Emergency powers Executive powersThere is cutie powers and functions of the president are;a. All executive actions of the government of India or formally take it in his name.b. He can make rules specifying the manner in which the order and other instrument made and executed in his name shall be authenticated.c. He can make rules for more convenient transaction of business of the union government, and for allocation of said business among the ministers.d. He appoints the Prime Minister and other ministers. They hold office during his pleasure.e. He appoints the attorney general of India and determines his remuneration. f. Hi appoints the comptroller and auditor general of India, other election commissioners, the chairman and members of the union Public service commission, the governor of states, The chairman and member of finance commission, and so on.g. He can seek any information relating to the administration of affairs of the union, and proposals for the legislation from the Prime Minister.h. He can require the Prime Minister to submit, for the consideration of council of ministers, any matter upon which a decision has been taken by ministers but, which has not been considered by the council.i. You can appoint a commission to investigate into the condition of SC, ST and other backward classes.j. He can appoint an interstate Council to promote Centre state and interstate cooperation.k. He directly administers the union territories through administrators appointed by him.l. He can declare any area as scheduled area and has the power with respect to the administration of scheduled areas and tribal areas. Legislative powers The President is an integral part of the Parliament of India, and enjoys the following legislative power.a. He can someone or prorogue The Parliament and dissolve the Lok Sabha. He can also summon a joint sitting of both the houses of Parliament, which is presided over by the Speaker of the Lok Sabha.b. He can address the Parliament at the commencement of the session after each general election and the first session of each year.c. He can send messages to the house of Parliament, weather with respect to a bill pending in the Parliament or otherwise.d. He can appoint any member of Lok Sabha to decide over its proceeding when the offices of both the speaker and the deputy speaker fall vacant. Similarly, he can also appoint any member of Rajya Sabha to preside over its proceedings in the office of both the chairman and deputy chairman fall vacant.e. He nominates 12 member of Rajya Sabha from among persons having special knowledge or practical experience in literature, science, art and social service.f. His decides on question as to disqualification of members of the Parliament, in consultation with the election commission.g. His prior recommendations or permission is needed to introduce certain types of bill in the Parliament. For sample, a bill involving expenditure from the consulate it fund of India, or a bill for alteration of boundaries of state or creations of a new state.h. When a bill is sent to President after it has been passed by Parliament, he can: give his assent to the Bill, or withhold his assent to the Bill, or return the bill if the bill is not the money bill.i. He can promulgate ordinances when the Parliament is not in session.j. Release the report of comptroller and auditor General, union Public service commission, finance commission, and others, before the Parliament.k. He can make regulations for the peace, progress, and good governance of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Ladakh. Financial powersa. Money bill can be introduced in the Parliament only with the prior recommendation.b. He causes to be laid before Parliament the annual financial statement.c. No demand for a grant can be made except on his recommendation.d. He can make advances out of contingency fund of India to meet any unforeseen expenditure.e. He constitutes a finance commission after every five years to recommend the distribution of revenue between the Centre and the states. Judicial powersa. He appoints the chief justice and judges of Supreme Court and High Courts.b. He can seek advice from the Supreme Court on any question of law or fact. However, the advice tendered by the Supreme Court is not binding on the president.c. He can grant pardon, reprieve , respite and remission or punishment or suspend, remit or commute the sentence of any person convicted of any offence. Emergency powersIn addition to the normal powers mentioned above, the Constitution confers extraordinary powers on the President to deal with following three types of emergencies:a. National emergency ( article 352)b. President‘s rule ( article 356 and 365)c. Financial emergency ( article 360) Veto power of PresidentThe President of India vested with three kinds of it veto which is absolute veto, suspensive Veto, and pocket veto. Absolute VetoIt refers to the power of president to withhold his assent to a bill passed by Parliament. The bill then ends and does not become an act. Usually, this video is excised In 1954, the President Dr Rajendra Prasad with held his assent to the PEPSU appropriation Bill. The bill was passed by Parliament when the President‘s rule was passed by Parliament when the President‘s rule was in operation in the state of PEPSU. But, when the bill was presented to the President for his assent, the President‘s rule was revoked. Suspensive Veto The President exercises this veto when he returns a bill for consideration of the Parliament. However, if the bill is passed again by Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the Bill. Pocket veto In this case, the President neither ratifies nor rejects or return the bill, but simply keeps the bill pending for an indefinite period. This power of President not to take any action ( either positive or negative) on the bill is known as the pocket veto.In 1986, president Gyani Zail Singh excises the pocket veto with the respect to Indian Post Office Amendment bill. The Bill, passed by the Rajiv Gandhi government, imposed restriction on the freedom of press and hence, was widely criticised. After three years, in 1989, the president R Venkata Ramana send the bill back for consideration, but the new national front government decided to drop the bill.It should be noted that the President has no veto power in respect of constitutional amendment Bill. The 24th Constitutional amendment act of 1971 made it obligatory for the President to give his assent to Constitutional amendment Bill. Ordinance making power of PresidentArticle 123 of the Constitution empowers the President to promulgate ordinance during the races of Parliament. This ordinance have the same force and effect as an act of parliament, but are in the nature of temporary laws. The ordinance making power is the most important legislative powers of the President. It has been vested in him to deal with unforeseen or urgent matters. But, the exercises of this power is subject to following four limitations:1. The president can promulgate an ordinance only when both the houses of Parliament and not in session or win either of the two houses of Parliament is not in session. An ordinance can be issued only when one house is in session because law can be passed by both the houses and not only one house alone. An ordinance made when both the houses present is void. Thus, the power of president to legislate any ordinance is not a parallel power of legislation.2. He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action. In Cooper case, (1970), The Supreme Court held that the President‘s satisfaction can be questioned in the court on the ground of Mela fide. This means that the decision of President to issue an ordinance can be questioned in the court on the ground that President has prolonged one house or both the houses of Parliament deliberately with a view to promulgate an ordinance on the controversial subject, so as to bypass the Parliament decision and thereby circumventing the authority of Parliament. The 38th Constitutional amendment act of 1975 made the President satisfaction final and conclusive and beyond judicial review. But, this provision was deleted by the 44th Constitutional amendment act 1978. Does, the President satisfaction a judicial on the ground of Mela fide. 4. Every ordinance issued by President during the races of Parliament must be laid before both the houses of Parliament when it reassembles. If the ordinance is approved by both the houses, it become an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the re-assembly of the Parliament. Pardoning power of the PresidentArticle 72 of the Constitution of India empowers the Parliament to grant pardon to person who has been tried and convicted of any offence in all the cases where the:1. Punishment or sentence is for an offence against the Indian law;2. Punishment or sentence is by a court martial;3. Sentence is a sentence of death. The same power has been granted to Governor of state. Hence, the governor can also grant pardons, reprieves, respite and remission of punishment or suspend, remit and commute the sentence of any person convicted of any offence against a state law.
Articles 52 to 78 in part five of the Constitution deals with union executive.
The union executive consist of President, the Vice President, the Prime Minister, the Council of ministers, and the attorney general of India.
The President is the head of Indian states. He is the citizen of India and acts as a symbol of unity, integrity and solidarity of the nation.
Election of president
The President is elected not directly by the people but by the member of electoral College consisting of;
1. The elected members of both Houses of Parliament
2. The elected members of legislative assembly of the states; and
3. The elected member of legislative assembly of union territories of Delhi and Pondicherry.
The Constitution provides that there shall be uniformity in the scale of the presentation of different state as well as parity between state as a whole and union at the election of president. To achieve this, the The number of votes which each elected member of that isolated assembly of each state and the Parliament is entitled to caste at such election shall be determined in following manner.
Total value of vote of member of legislative Assembly is equal to total Population of the state divided by total number of elected member in the legislative assembly Multiplied by 1 by thousand.
Total value of vote of N member of Parliament is equal to total value of vote of all member of legislative assembly of all the states divided bye total number of elected member of parliament.
Powers and functions of the President
The powers enjoyed and the functions performed by the president can be studied under the following heads.
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
5. Diplomatic powers
6. Military powers
7. Emergency powers
Executive powers
There is cutie powers and functions of the president are;
a. All executive actions of the government of India or formally take it in his name.
b. He can make rules specifying the manner in which the order and other instrument made and executed in his name shall be authenticated.
c. He can make rules for more convenient transaction of business of the union government, and for allocation of said business among the ministers.
d. He appoints the Prime Minister and other ministers. They hold office during his pleasure.
e. He appoints the attorney general of India and determines his remuneration.
f. Hi appoints the comptroller and auditor general of India, other election commissioners, the chairman and members of the union Public service commission, the governor of states, The chairman and member of finance commission, and so on.
g. He can seek any information relating to the administration of affairs of the union, and proposals for the legislation from the Prime Minister.
h. He can require the Prime Minister to submit, for the consideration of council of ministers, any matter upon which a decision has been taken by ministers but, which has not been considered by the council.
i. You can appoint a commission to investigate into the condition of SC, ST and other backward classes.
j. He can appoint an interstate Council to promote Centre state and interstate cooperation.
k. He directly administers the union territories through administrators appointed by him.
l. He can declare any area as scheduled area and has the power with respect to the administration of scheduled areas and tribal areas.
Legislative powers
The President is an integral part of the Parliament of India, and enjoys the following legislative power.
a. He can someone or prorogue The Parliament and dissolve the Lok Sabha. He can also summon a joint sitting of both the houses of Parliament, which is presided over by the Speaker of the Lok Sabha.
b. He can address the Parliament at the commencement of the session after each general election and the first session of each year.
c. He can send messages to the house of Parliament, weather with respect to a bill pending in the Parliament or otherwise.
d. He can appoint any member of Lok Sabha to decide over its proceeding when the offices of both the speaker and the deputy speaker fall vacant. Similarly, he can also appoint any member of Rajya Sabha to preside over its proceedings in the office of both the chairman and deputy chairman fall vacant.
e. He nominates 12 member of Rajya Sabha from among persons having special knowledge or practical experience in literature, science, art and social service.
f. His decides on question as to disqualification of members of the Parliament, in consultation with the election commission.
g. His prior recommendations or permission is needed to introduce certain types of bill in the Parliament. For sample, a bill involving expenditure from the consulate it fund of India, or a bill for alteration of boundaries of state or creations of a new state.
h. When a bill is sent to President after it has been passed by Parliament, he can: give his assent to the Bill, or withhold his assent to the Bill, or return the bill if the bill is not the money bill.
i. He can promulgate ordinances when the Parliament is not in session.
j. Release the report of comptroller and auditor General, union Public service commission, finance commission, and others, before the Parliament.
k. He can make regulations for the peace, progress, and good governance of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Ladakh.
Financial powers
a. Money bill can be introduced in the Parliament only with the prior recommendation.
b. He causes to be laid before Parliament the annual financial statement.
c. No demand for a grant can be made except on his recommendation.
d. He can make advances out of contingency fund of India to meet any unforeseen expenditure.
e. He constitutes a finance commission after every five years to recommend the distribution of revenue between the Centre and the states.
Judicial powers
a. He appoints the chief justice and judges of Supreme Court and High Courts.
b. He can seek advice from the Supreme Court on any question of law or fact. However, the advice tendered by the Supreme Court is not binding on the president.
c. He can grant pardon, reprieve , respite and remission or punishment or suspend, remit or commute the sentence of any person convicted of any offence.
Emergency powers
In addition to the normal powers mentioned above, the Constitution confers extraordinary powers on the President to deal with following three types of emergencies:
a. National emergency ( article 352)
b. President‘s rule ( article 356 and 365)
c. Financial emergency ( article 360)
Veto power of President
The President of India vested with three kinds of it veto which is absolute veto, suspensive Veto, and pocket veto.
Absolute Veto
It refers to the power of president to withhold his assent to a bill passed by Parliament. The bill then ends and does not become an act. Usually, this video is excised In 1954, the President Dr Rajendra Prasad with held his assent to the PEPSU appropriation Bill. The bill was passed by Parliament when the President‘s rule was passed by Parliament when the President‘s rule was in operation in the state of PEPSU. But, when the bill was presented to the President for his assent, the President‘s rule was revoked.
Suspensive Veto
The President exercises this veto when he returns a bill for consideration of the Parliament. However, if the bill is passed again by Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the Bill.
Pocket veto
In this case, the President neither ratifies nor rejects or return the bill, but simply keeps the bill pending for an indefinite period. This power of President not to take any action ( either positive or negative) on the bill is known as the pocket veto.
In 1986, president Gyani Zail Singh excises the pocket veto with the respect to Indian Post Office Amendment bill. The Bill, passed by the Rajiv Gandhi government, imposed restriction on the freedom of press and hence, was widely criticised. After three years, in 1989, the president R Venkata Ramana send the bill back for consideration, but the new national front government decided to drop the bill.
It should be noted that the President has no veto power in respect of constitutional amendment Bill. The 24th Constitutional amendment act of 1971 made it obligatory for the President to give his assent to Constitutional amendment Bill.
Ordinance making power of President
Article 123 of the Constitution empowers the President to promulgate ordinance during the races of Parliament. This ordinance have the same force and effect as an act of parliament, but are in the nature of temporary laws.
The ordinance making power is the most important legislative powers of the President. It has been vested in him to deal with unforeseen or urgent matters. But, the exercises of this power is subject to following four limitations:
1. The president can promulgate an ordinance only when both the houses of Parliament and not in session or win either of the two houses of Parliament is not in session. An ordinance can be issued only when one house is in session because law can be passed by both the houses and not only one house alone. An ordinance made when both the houses present is void. Thus, the power of president to legislate any ordinance is not a parallel power of legislation.
2. He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action. In Cooper case, (1970), The Supreme Court held that the President‘s satisfaction can be questioned in the court on the ground of Mela fide. This means that the decision of President to issue an ordinance can be questioned in the court on the ground that President has prolonged one house or both the houses of Parliament deliberately with a view to promulgate an ordinance on the controversial subject, so as to bypass the Parliament decision and thereby circumventing the authority of Parliament. The 38th Constitutional amendment act of 1975 made the President satisfaction final and conclusive and beyond judicial review. But, this provision was deleted by the 44th Constitutional amendment act 1978. Does, the President satisfaction a judicial on the ground of Mela fide.
4. Every ordinance issued by President during the races of Parliament must be laid before both the houses of Parliament when it reassembles. If the ordinance is approved by both the houses, it become an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the re-assembly of the Parliament.
Pardoning power of the President
Article 72 of the Constitution of India empowers the Parliament to grant pardon to person who has been tried and convicted of any offence in all the cases where the:
1. Punishment or sentence is for an offence against the Indian law;
2. Punishment or sentence is by a court martial;
3. Sentence is a sentence of death.
The same power has been granted to Governor of state. Hence, the governor can also grant pardons, reprieves, respite and remission of punishment or suspend, remit and commute the sentence of any person convicted of any offence against a state law.