Before do we actually know about the working of Union Executive under our Constitution, it is important to understand the working of the Parliamentary system which is not only firmly entrenched in our country’s body politic, but it constitutes the lynchpin of our Constitutional scheme. As we already know that in a parliamentary system, the Government is formed and rules through the parliament thereby, fusing the powers of the two organs of the government, i.e. the legislature and the executive in a manner that the executive wing is entirely constituted from the legislature and responsible to it, especially, lower House thereby, portraying an overlap of the personnel. In short, we can understand the working of the parliamentary system through some of its important features which can be delineated as below:

Single election and majority party rule:

One of the most important features of a parliamentary system that distinguishes it from a Presidential system. In this election any party or a combination of parties which secure a majority of seats in the Legislature is invited to form the government .Hence it is based on majority party rule. This majority can be by a single party or a combination of parties so called an alliance or coalition. This alliance may be pre election or post election.

Dual Executive System:

This is another important feature of Parliamentary system as it is noted for having two types of executives. One is referred to as the head of the State and other as head of the government. The head of the State is merely a titular/ nominal head who does not exercise any power but always acts upon the advice of his council of ministers. He may be identified with the President in a country like India or Crown (King or queen) say in UK. Since this head exercises powers only in the formal sense, he is also referred to as the de-jure head of the state or more appropriately as the non-executive President.  On the other hand, it is the PM who is the real or effective head of the executive and exercises all powers of the government formally through his Cabinet.

Based on doctrine of fusion of powers:

As he already know that in a parliamentary system the executive is constituted from the legislature and the executive members first and foremost be the members of the Legislature. This simply means that both these organs are fused or coordinated in a manner that each of them checks each other.

The implication of this feature is that the executive is enabled to carry out its policies through the legislature into a law because, the executive has majority in the legislature. This way it avoids any kind of conflicts and confrontations between the 2 organs of the govt. which is inevitable in a Presidential system. Keeping in view, the inherent advantages of this feature, Dr. BR. Ambedkar, justified the adoption of Parliamentary system in the Country.

 A responsible system of the government:

This is rightly referred to as the backbone of parliamentary system and signifies its underlying strengths because being a responsible system of government it ensures checks and balances on the powers of the government which might act arbitrary at times. Being a responsible system of the government, it establishes rule of law and constitutionalism and above all, good governance in the country. This responsibility of the executive is enforced through various parliamentary devices and procedures such as raising questions to the executive or initiating debates and discussions in the legislature so that the executive remains on its toes.  In short in a parliamentary system, this accountability or responsibility of the executive by two means called as collective and individual responsibility that will be thrown light on as we proceed further on this chapter in the booklet…

The President

The Indian Constitution, under Art.53, vests the executive power of the Union in the President, who shall exercise the executive power directly or through officers subordinate to him in accordance with the Constitution. He is the supreme commander of the Armed Forces. He is the first citizen of India and occupies the first position under the warrant of precedence. (Warrant of precedence indicates the hierarchy of positions occupied by various dignitaries attending a State function :)

Election of the President

The President of India is elected by indirect election. He is elected by an electoral college in accordance with the system or proportional representation by means of the single transferable vote. The Electoral College consists of:

(a) The elected member of both House of Parliament, and

(b) The elected member of the Legislative Assemblies of the State’ (Art.54). Here, as per the 70th Constitution (Amendment) Act. 1992, the expression ‘States’ includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.

As far as practicable, there shall be uniformity of representation of the different states at the election, according to the population and the total number of elected member of the Legislative Assembly of each State, and parity shall also be maintained between the State, as a whole and the union (Art.55). The second condition seeks to ensure that the votes of the States, in the aggregate in the Electoral College for the election of the President shall be equal to that of the people of the country as a whole. In this way, the President shall be a representative, of the nation as well as a representative of the people in different States. The formula adopted to secure uniformity among the States is as follows

    

On the basis of the above formula, the value of the vote of an M.L.A. from U.P. has the highest value and that of Sikkim the lowest. The formula adopted to secure uniformity between all the States on one hand and the Parliament on the other is as follows:

 

Fraction exceeding one-half, in both the cases, will be counted as one, fraction less than one-half is omitted.

Article 59 in the Constitution Of India 1949

59. Conditions of President's office

(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President

(2) The President shall not hold any other office of profit

(3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule

(4)  The emoluments and allowances of the President shall ot be diminished during his term of office

Disputes regarding election of the president

All doubts and disputes arising out of or in connection with the election of a President or Vice-President is inquired into and decided by the Supreme Court whose decision is final. Article 71 further states that no such dispute can be raised on the ground of any vacancy in the Electoral College, which elected the President or the Vice-President. If the election of the President or Vice-President is declared void by the Supreme Court, Act done by him prior to the date of such decision of the Supreme Court cannot be invalidated. Subject to the provision of the Constitution empowers the parliament to regulate by law any matter relating to or connected with the election of a president or Vice-President.

Qualification for election as president

Art. 58 lays down the qualifications which a person must possess for being elected to the Office of the President of India: -

(a)     He must be citizen of India.

(b)    He must have completed the age of 35 years.

(c)     He must be qualified for election as a member of the House of the people.

(d)    He must hot hold any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said governments.

But the following persons shall not be deemed to hold any office of profit and hence qualify for being a candidate for President ship. They are - (a) The President and Vice-President of the Union. (b) The Governor of any State. (c) The Minister of the Union or of any state.

Eligibility for re-election

A person who holds, or who has held office as President, shall be eligible for re-election as President.

Conditions of president’s office

The President shall not be a member of either House of the Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State, be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President. The President shall not hold any other office of profit.

The President is entitled without payment of rent to the use of his official residence and also to such emoluments not allowances and privileges as may be determined by Parliament by law. Over the years, the Parliament by law has enhanced the monthly pay of the President from Rs. 50,000/- to Rs 5,00,000/-. The emoluments and allowances of the President cannot be diminished during his term of office.

Term of office of the president

Art.56 says that the President shall hold office for a term of five years from the date on which he enters upon his office. Even after the expiry of his term he shall continue in office until his successor enters upon his office. He is also eligible or re-election. He may be elected for any number of terms. The President may, however, resign his office before the expiry of his normal term of five years by writing to the Vice-President. He may be removed from his office for violation of the Constitution by the process of impeachment. If the President resigns, dies or gets impeached i.e. when the office of the President falls vacant before the completion of his term, the election must be completed within six months after the vacancy has risen.

Impeachment of the president

The President of India can be removed from his office before the expiry of his term by the process of impeachment. He can be impeached only for the violation of the Constitution. The power of impeachment of the President is vested in the Parliament. It is quasi-judicial procedure. The impeachment procedure against the President for the violation of the Constitution can be initiated in either House of the Parliament. The charge must come in the form of a proposal contained in a resolution, which must be signed by at least one-fourth of the total membership of the House. Before the resolution could be passed, a fourteen-day notice must be given to the President. Then such resolution has to be passed by two-thirds of the total membership of the House. Then the other House of the Parliament called the investigating House-investigates the charge by itself or causes the charge to be investigated. The President has the right to appear and to be represented as such investigation to defend himself. If, as a result of the investigation, the other House also passes a resolution supported by not less than two-third of the total membership of the House, declaring that the charge preferred against the President has been sustained, the President stands removed from his office from the date on which the investigating House passed the resolution.

Powers of the president of India

The executive power of the Union, Art. 53 declares, shall be vested in the President and it shall be exercised by him either directly or through officers subordinate to him, but always in accordance with the Constitution. The expression “executive power” is nowhere defined in the Constitution. Ordinarily, it connotes the residue of the governmental functions that remain after Legislative and judicial functions are taken away. Broadly speaking, “executive function” comprises both determination of policy as well as carrying it into execution. This includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, the carrying on or supervision of the general administration of the State. The executive power may, therefore, be shortly defined as the power of carrying the administration of the affairs of the State, excepting functions, which are vested by the Constitution in the Legislature and Judiciary.  The power of President can be discussed under the following heads: -

(A)       Administrative powers

All the executive functions of the Union are carried in the name of the President. Under the Constitution the President has the power to appoint: (i) the Prime Ministers of India. (ii) Other Ministers of the Union. (iii) The Attorney General of India. (iv) The Comptroller and Auditor-General of India. (v) The Judges of the Supreme Court. (vi) The Judges of the High Courts of the States. (vii) The Governor of a State. (viii)  The Finance commission. (ix) The members of the Union Public Service Commission and Joint Commissioner for a group of States. (x) The Chief Election Commissioner and other members of the Election Commission. (xi) A Special Officer for the Scheduled Castes and Tribes etc. In fact every appointment of the Union government is made in the name of the President or under his authority.

The President shall also have the power to remove -

(i)      His Ministers, individually;

(ii)     Attorney-General of India;

(iii)    the Governor of a State;

(iv)    the Chairman or member of the Public Service Commission of the Union or of a State, on the report of the Supreme court;

(v)     A Judge of the Supreme Court or of a High Court or the Election Commissioner or the Comptroller-General of India or an address of Parliament.

(B)       Military powers

The Constitution vests the Supreme Command of the Armed Force in the hands of the President. He has the power to declare war and peace. But his military powers are subject to the regulation of law. The Parliament, therefore, has the power to regulate or control the exercise of such powers.

(C)        Legislative powers

 The President is an integral part of the Parliament.

(i)      The President summons the Houses of Parliament at least twice a year, prorogues either House of Parliament and dissolves the Lok Sabha.

(ii)     He nominates twelve members to the Rajya Sabha and may nominate two representatives of the Anglo-Indian community to the Lok Sabha.

(iii)    He may address either House separately or both the Houses jointly. He may also send messages to either House of Parliament. At the commencement of every session in Parliament the President delivers an address corresponding to the Queen’s Speech from the Throne in the British Parliament.

(iv)    Every Bill passed by the Parliament must receive the President’s assent before it can become an Act. The President may give his assent or withhold his assent form or return it for reconsideration by Parliament with his own suggestions, a bill other than a Money or Constitutional Amendment Bill. But if a bill is passed again by both the House of the Parliament with or without the amendments suggested by the President, the President is bound to give his assent to it.

(v)     The President makes certain reports and statements to be laid before the Parliament. It is the duty of the President to cause to be laid before the Parliament—

The Annual Financial Statement (Budget) and the Supplementary Statement;

The report of the Auditor-General relating to the accounts of the Government of India;

The recommendations made by the Finance Commission;

The report of the Union Public Service Commission, explaining the reasons where any advice of the Commission has not been accepted;

The report of the Special Officer for Scheduled Castes and Tribes;

The report of the Commission on the backward classes;

The report of the Special Officer for linguistic minorities.

(vi)    Certain Bills or Example; a Bill for the formation of new States or alteration of boundaries or a State, a Money Bill, a Financial Bill- need the President’s recommendation for introduction in the Parliament.

(Vii) The most important legislative power of the President is his power to promulgate Ordinances under Article 123. According to this, the President is empowered to promulgate Ordinances, when either or both the Houses or Parliament are not in session, if he is satisfied that circumstances exist compelling him to take immediate action. A Presidential ordinance has the same force and effect as an Act of Parliament. However, every such Ordinance should be laid before both Houses of Parliament and must be approved by both the Houses of Parliament within six weeks from re-assembly of Houses. Failure to comply with this condition, or Parliamentary disapproval within the six weeks period, will make the Ordinance invalid. The President may also withdraw the Ordinance at any time he likes.

(D)       Judicial powers

The Article 72 reads:

(1) The President shall have the power to grant pardons, reprieves, respites or remission of punishment or to suspend remit or commute the sentence of any persons convicted of any offence-

(a) In all cases where the punishment or sentence is by a court martial;

(b) In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) In all cases where the sentence is a sentence of death. (2) Nothing in sub- clause (a) of clause (1) shall after the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

The meaning of these terms is as follows:

Pardon: Complete pardon

Reprieve: Temporary suspension of sentence

Respite: awarding less sentence

Remission: Reducing amount of sentence

Commutation: Changing one punishment to another.

Similarly, as per article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Note that President can grant pardon to a person awarded death sentence. But Governor of State does not enjoy this power. The question is that whether this power to grant pardon is absolute or this power of pardon shall be exercised by the President on the advice of Council of Ministers.

The pardoning power of President is NOT absolute. It is governed by the advice of the Council of Ministers. This has not been discussed by the Constitution but is the practical truth.

Further, the Constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction. But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.

The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in the Executive.

President’s power of clemency

Comparative and analytical view

This power is practically similar to the one exercised by the American President or the British Crown except to the extent that so far as American President is concerned, it is exercised by him as part of the Constitutional scheme while, the British Crown exercises the same as an act of grace as a part of his/her prerogative and just like the Indian President, on the ministerial advice. Thus, in Britain, this power is regarded as the royal prerogative of pardon exercised by the sovereign that is regarded as nothing more than an act of grace issuing from the sovereign. In contrast to this, in the USA, a pardon by the President is regarded not as a private act of grace, but certainly as a part of the Constitutional scheme. Therefore, the nature of the power exercised by the President of India in this regard under Article 72 of the Constitution is considered more analogous to the one exercised by the US President rather than that of the British Crown as was explained by the Apex Court in the famous case of Kehar Singh vs. Union of India-AIR-1989 (PM, Indira Gandhi assassination convict) in the following words:

“To any civilized society, there can be no attributes more important than the life and personal liberty of its members. In most civilized societies, the deprivation of personal liberty and the threat of the deprivation of life by the action of the state is regarded seriously and therefore, recourse is provided to the judicial organ for its protection. But there is always remaining the possibility of fallibility of human judgment even in the most trained mind and thus, it has been considered appropriate that in the matter of life and personal liberty, the protection should be extended by entrusting power further to some high authority to scrutinize the validity of the threatened denial of life or continued denial of personal liberty. The power so entrusted in the head of the state is a power belonging to the people of the country and thus is reposed in the highest dignitary of the state.”        

Notwithstanding the nature and extent of the clemency power that the President of India exercises, one point that may not be overlooked that the exercise of this power on his part over time has not remained free from controversy. A number of questions have cropped up time and again before the Courts as regards the exercise of this power particularly with respect to the following aspects:

i)    Does the President of India exercise any personal discretion in this regard or does he merely act as a Constitutional head (as he does in any other matter) in this matter too?

ii)   Should he give a personal hearing to the convict or his lawyer before disposing of the matter of a mercy petition brought before him?

iii) Is the power to pardon or exercise thereof subject to any judicial review?

So far as question number one above is concerned, it has been judicially settled that although, the Constitution of India formally vests this power in the President of India, but he exercises this power, as he exercises any other power under the Indian Parliamentary scheme of things on the advice of his council of ministers particularly, on the advice of the Union Home Minister. This proposition was amply clarified by the Supreme Court in Maru Ram vs. Union of India- AIR-1980.  Therefore, it is now a settled proposition of Law that in the exercise of his clemency power, the President cannot act in his discretion and take an independent decision thereby, directing the release of or refusing the release of any convict on his own.

Regarding the question number two as mentioned above, the Apex Court clarified the point in Kehar Singh case by concluding that there is no right as such available to the condemned prisoner to insist for an oral hearing before the President as the matter lies purely within the discretion of the President in this regard and thus, it is for him to decide how he will deal with the case at his hand. This proposition was laid down by the Court on the ground that the nature of proceedings before the President are purely of an executive character and thus, as and when the convicted person files his petition before him, it is for him to submit with the same to the President all the relevant and requisite information that would be necessary for the disposal of his petition.

With respect to question number three above, the Court ruled in some of the earlier cases that although, Article 72, vests in the highest executive very designedly and benignantly, the humane and vast jurisdiction to remit, reprieve, respite, commute or pardon the criminals on whom judicial sentences have been imposed, but then all public power, however, majestic the dignitary wielding it, shall always be exercised in good faith, with intelligent and informed care and honestly for the public welfare. Thus, finally in Maru Ram, the Court explicitly held that undoubtedly, the power of pardon vested in the President is very wide, it cannot run riot such that it could amount to have been exercised in some arbitrary manner or in a mala fide way. Clarifying the point further, the Court acknowledged the fact that the considerations for the exercise of power under Article 72 can be plenty as their occasions protean but if in any case, if this power seems to have been exercised on purely irrational, irrelevant or on malafide considerations, the Courts could examine the case and would intervene if necessary. Thus, the Court concluded that the power under Article 72 is not to be exercised on wholly irrelevant and irrational considerations and if it does seem to be so then, this power is definitely subject to judicial review.

Types of veto powers of president

1.      Absolute Veto: If the president rejects the bill, the bill never becomes the act. Bill is dead. President of India can use absolute veto on the following bills.

a)     State bill, reserved by Governor for consideration of President (president) under Art – 200.

b)     A Private Member bill, opposed by the Govt. but approved by the parliament. On such bill, CoMs may advice the President, to use absolute veto.

c)      A bill which is considered by cabinet & sent to President and cabinet has resigned. New CoM advices President no to accept the bill, then absolute veto is exercised.

2.      Qualified veto: If a bill which was rejected by President for the first time & the same bill is reapproved by parliament with 2/3^rd majority, President Veto will be qualified.

3.      Suspensive veto: If a bill which was rejected by President for the 1^st time & same is reapproved by parliament with simple majority, President Veto is Suspensive implying that presidential veto is overridden by a re-passage of bill by same ordinary majority.

4. Pocket veto: When a bill is sent to President Assent, President maintains silence without expressing specific opinion indefinitely. This is pocket veto that the President of India enjoys.

President has no veto power in respect of constitutional amendment bill. The 24^th Amendment Act 1971, made it obligatory for President to give his assent to constitutional amendment bill. Similarly in case of Money Bills president can either give his assent to a money bill or withhold his assent but cannot return it. Normally, President gives his assent as it is introduced in Parliament with his previous permission.

(E)        Emergency powers

 The President exercises certain extra-ordinary powers to deal with emergencies, which are as follows:

(i)      The President, under Art.352, is given the power to make a proclamation of emergency on the grounds of threat to the security of India or any part thereof, by war, external aggression or armed rebellion. He can suspend the operation of fundamental rights (except Art.20 and 21)

(ii)     The President is empowered to make a proclamation for taking over the administration of a State cannot be carried on in accordance with the provisions of the Constitution.

(iii)    The President has the Power, when he is satisfied that the financial stability or credit of India or any part thereof is threatened, to declare a financial emergency. Any proclamation under the emergency powers of the President in order to be in operation beyond a certain period should be approved by the Parliament within the period so specified in the Constitution.

(F)        Diplomatic powers

As the Head of the State, the President sends and received ambassadors and other diplomatic representatives. All treaties and international agreements are negotiated and concluded in the name of the President though subject to ratification by Parliament.

(G)       Executive Powers of the President

• All the executive actions of the Government of India are formally taken in his name.
• He can make rules specifying the manner in which the orders and the other instruments made and executed in his name shall be authenticated.
• He can make rules for more convenient transaction of business of the Union Government, and for allocation among the Ministers, of the said business.
• He appoints the Prime Minister, and the other Ministers on the advice of the Prime Minister. The Ministers hold the office during, the pleasure of the President.
• He appoints the Attorney-General of India and determines his remuneration. The Attorney-General holds office during the pleasure of the President.
• He appoints the Comptroller and Auditor-General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Governors of the States, the Chairman and the Members of the Finance Commissions, and so on.
• He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the Prime Minister (Article 78).
• He can require the Prime Minister to submit, for consideration of the Council of Ministers, any matter on which the decision has been taken by a Minister but which has not been considered by the Council.
• He can appoint a Commission to investigate into the conditions of the SCs, the STs, and the OBCs.
• He can appoint the Inter-State Council to promote the Centre-State and the Inter-State coalition.
• He directly administers the Union Territories through either the Lt. Governor or the Commissioner or the Administrator.

Legislative powers

• The President is an integral part of the Parliament of India (Article 79). In this capacity, he enjoys the following legislative powers.
• He can summon or prorogue both the Houses of the Parliament and dissolve the Lok Sabha.
• He can summon a joint sitting of both the Houses of the Parliament, which is presided over by the Speaker of the Lok Sabha.
• He can address both the Houses of the Parliament at the commencement of the first session after each general election and the first session of each year.
• He can send messages to both the Houses of the Parliament, whether with respect to a bill pending in the Parliament or otherwise.
• He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both, the Speaker and the Deputy Speaker fall vacant simultaneously.
• He can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both, the Chairman and the Deputy Chairman fall vacant simultaneously.
• He nominates 12 members to the Rajya Sabha from amongst the persons having special knowledge or practical experience in respect of Literature, Science, Arts and Social Services.
• He can nominate 2 members to the Lok Sabha from the Anglo-Indian Community. (Discontinued after the 104th Constitutional Amendment Act of 2020.)
• He decides on questions as to the qualifications of the members of the Parliament, in consultation with the Election Commission.
• His prior recommendation or permission is needed to introduce certain types of bills in the Parliament. For example, (i) a bill involving expenditure from the Consolidated Fund of India, and (ii) a bill for the alteration of boundaries of the States or creation of a new State.

Article 123 (1) ordinance making power of president

He can promulgate ordinances when both the Houses of the Parliament are not in session (Article 123). These ordinances must be approved by the Parliament within the six weeks of its reassembly. He can also withdraw an ordinance any time.

The ordinance can be effective, for a maximum period of 6 months and 6 weeks in case of non-approval by the Parliament. (This is a hypothetical possibility where we assume Parliament did not meet for 6 months.)

He lays the reports of the Comptroller and Auditor-General, the Union Public Service Commission, the Finance Commission, and others, before the Parliament.

Emergency Powers

National emergency

On the grounds of security threat to India by war, external aggression or armed rebellion.

Emergency

a)      He can give directions to any State with regard to the manner in which the States' Executive Powers are to be exercised.

b)      He can modify the pattern of the distribution of financial resources between the Union and the States.

c)      He can extend the normal tenure of the Lok Sabha by one year at a time.

d)      He can suspend the Fundamental Rights of citizens except (i) the Right to protection in respect of conviction for offences (Art 20) and (ii) the Right to life and personal liberty (Art 21).

Article 19 can only be suspended in case of external emergency and not in the case of internal emergency (armed rebellion).

The Parliament can make laws on items mentioned in the State list during the period of National Emergency.

Such laws are valid upto a maximum period of six months after the expiry of the Emergency.

State emergency

The President's rule is also known as the Constitutional Emergency or the State Emergency.

It can be proclaimed by the President on the failure of the Constitutional machinery in the State (Article 356), or failure to comply with or to give effect to the directions given by the Union (Article 365).

The President's rule can be imposed when the President is satisfied, on the basis of either a report of the State Governor or otherwise, that the Governance of the State cannot be carried on in accordance with the provisions of the Constitution.

The proclamation of the President's rule should be approved by the Parliament within two months. If approved, it remains in force for six months from the date of proclamation of the State Emergency.

It can be extended for a maximum period of three years with the approval of the Parliament every six months.

However, beyond the first year, it can be extended by six months at a time only when the following two conditions are fulfilled:

i)       A proclamation of National Emergency should be in operation in the entire country, or in the whole or any part of the concerned State; and

ii)      The Election Commission must certify that the general elections to the concerned State Legislative Assembly cannot be held on account of difficulties.

When the President's rule is imposed in a State, the President can assign to himself all or any of the functions of the State Government and all or any of the powers vested in the Governor or anybody or authority in the State.

He can declare that the powers of the State Legislature shall be exercisable by or under the authority of the Parliament.

He can authorize, when the Lok Sabha is not in session, expenditure from the Consolidated Fund of the State, pending the sanction of such expenditure by the Parliament.

He can promulgate ordinances for the administration of the State when the Houses of the Parliament are not in session.

The State Governor, on behalf of the President, carries on the State administration with the help of the advisors appointed by the President or the Chief Secretary of the State.

The President cannot interfere with the jurisdiction of the concerned State High Court.

The Constitutional status, position, powers and functions of the concerned State High Court are not affected by such a proclamation.

The President's rule has been imposed more than 100 times.

The President's rule has been imposed around 50 times during the period of Mrs. Indira Gandhi.

Financial Emergency

The President can proclaim Financial Emergency if he is satisfied that the financial stability or credit of India or any part thereof is threatened.

Such a proclamation must be approved by the Parliament within two months.

When a Financial Emergency is proclaimed, the President can give directions to the States to observe the canons of financial propriety.

He can issue directions for the reduction of salaries and allowances of all or any class of persons serving under the State.

He ensures that all Money Bills and other Financial Bills passed by the State Legislatures be reserved for his consideration.

He can issue directions for the reduction of salaries and allowances of all or any class of the persons serving in connection with the affairs of the Union, including the judges of the Supreme Court and the High Courts.

Financial Emergency has not been declared so far.

Constitutional position of the president

The Indian Constitution envisages a Parliamentary form of Government. Under such a system the President is the Head of the State but not the Head of the Government. The head of the Government is the Prime Minister. Though the executive powers are vested in the President, he is constitutionally obliged to exercise his executive powers with the aid and advice of the Council of Ministers headed by the Prime Minister. The essence of the Parliamentary form of Government, therefore, is that in it the Head and the real executive powers are vested in the Council of Ministers, which is responsible to the Lower House. The Members of the Council of Ministers are necessarily members of the Legislature. The President cannot exercise his executive powers without the aid and advice of the Council of Ministers. Even after the dissolution of the Lower House (Lok Sabha) the Council of Ministers is in existence to aid and advice the President in the exercise of his executive powers. It is obligatory on the President to always have a Council of Ministers. Wherever the Constitution requires the satisfaction of the President, it is not the personal satisfaction of the President. The President is bound by the advice rendered by the Council of Ministers enjoying the confidence of the Lok Sabha. If he ignores the advice or acts contrary to the advice of the Council of Ministers he can be impeached for the violation of the Constitution. He cannot dismiss the council of Ministers, having the solid support of the Lok Sabha, in his discretion. So long as the Council of Ministers has the confidence of the Lok Sabha, the President is literally bound by its advice and in reality it is the President who is cast in the role of an advisor. Thus the President occupies the same position as the King or Queen under the English Constitution. He is the Head of the State and nominal head of the Executive. He is the symbol of the nation. His place in the governance of the country is more or less a ceremonial device or a seal by which nation’s decisions are made known.

President vis-à-vis the aid and advice tendered by the Council of Ministers, before and after the 42nd Amendment Act, 1976. Before the 42nd Amendment Act 1976, there was no provision in the Constitution, which made the advice of the Council of Ministers obligatory on the President.  Art.74 merely stated before the 42nd Amendment Act, that there shall be a Council of Ministers, with the Prime Minister at the Head to aid and advice the President on the basis of the convention established under the English Parliamentary form of Government, which the Constitution of India has adopted. Further, the Supreme Court in a number of cases has held that as long as the Council of Ministers enjoyed the support of the Lok Sabha, the President is bound by the advice of the Council of Ministers. The 42nd Amendment Act, 1976, in order to put it beyond doubt amended Art.74 and made the advice of Council of Ministers constitutionally binding on the President. The 44th Amendment Act, 1978 further amended Art 74 by adding a proviso to it. Under the proviso, the President may require the Council of Ministers to reconsider such advice; but the President is bound to Act in accordance with the advice tendered after such reconsideration.

Acting President

When the office of the President falls vacant due to the incumbent’s resignation, death or removal by impeachment, the Vice-President, or in his absence the senior most Judge of the Supreme Court acts as the President. The acting President enjoys all the powers and privileges of the President and is entitled to President’s pay and allowances. When the President is unable to discharge temporarily his functions owing to a long foreign tour or ill health etc. The Vice-President discharges his functions until the date on which the President resumes his duties.

The Presidents of India and their Tenure of office

Name of the President	Specification of the Tenure
1. Dr. Rajendra Prasad	Jan. 26, 1950 to May, 13, 1962
2.Dr. Sarvepalli Radhakrishnan	May 13, 1962 to May 13, 1967
3. Dr. Zakir Hussain	May 13, 1967 to May 3, 1969 (died)
4. Varahagiri Venkata Giri	May 3, 1969 to July 20, 1969 (Acting)
5. Justice Mohammad  Hidayatullah	July 20, 1969 to Aug. 24, 1969 (Acting)
6. Varahagiri Venkata Giri	Aug. 24, 1969 to Aug. 24, 1974
7. Fakhruddin Ali Ahmed	Aug. 24, 1974 to Feb. 11, 1977 (died)
8. B.D. Jatti	Feb. 11, 1977 to July 25, 1977 (Acting)
9. Neelam Sanjeev Reddy	July 25, 1977 to July 25, 1982
10. GianiZail Singh	July 25, 1982 to July 25, 1987.
11. M. Hidayatullah	Oct. 6, 1982 to Oct. 31, 1982 (discharged-the functions of the President)
12. R. Venkatraman	July 25, 1987 to July 25, 1992
13. Dr. Shankar Dayal Sharma	July 25, 1992 to July 25, 1997
14. K.R. Narayanan	July 25, 1997 to July 25, 2002
15. A.P.J. Abdul Kalam	July 25, 2002 to July 25, 2007
16. Pratibha Patil	July 25, 2007 to July 25, 2012
17. Pranab Mukherjee	July 25, 2012 to July 25, 2017
18. Ram Nath Kovind	July 25, 2017 to till date

The President: Facts to be remembered

• Dr. Rajendra Prasad was the First President of India. He is the only President who enjoyed two terms of office continuously. The first election of President was held only in 1952.         
• Between 1950-52, also Dr. Rajendra Prasad was the President of India but was elected by the constituent Assembly.
• Dr. S. Radhakrishnan was the second President, who also had been in the office of Vice-President for two terms.
• The Second round of counting to resorted to only in the election of V.V. Giri, V.V. Giri is the only President so far who won the election as an independent candidate in 1969.
• Neelam Sanjeev Reddy is the only President who was elected unopposed in 1977, as the main opposition party, Congress, did not field any candidate in this election.
• Except Dr. Rajendra Prasad, Fakhruddin Ali Ahmed, Neelam Sanjeev Reddy and GyaniZail Singh, all the Presidents of India also occupied the office of the Vice-President before their election as the President.

Vice-president

The Vice-President is the ex-office Chairman of the Council of States (Rajya Sabha). He is the second highest dignitary of India occupying the second place in the warrant of precedence. He is elected for a five-year term. His normal function is to preside over the proceedings of the Rajya Sabha. But whenever a vacancy occurs in the office of the President by reason of his death, resignation, removal by impeachment or otherwise, the Vice-President acts as President, until a new President is elected and enters upon his office. He can also be called upon to discharge the functions of the President, when the President is unable to discharge his duties owing to illness, absence or otherwise. When the Vice-President acts or discharges the functions of the President he ceases to perform the duties of the chairman of the Rajya Sabha. He is entitled to get when acting or discharging the duties of the President, the emoluments of the President.

Qualifications for election as vice-president

In order to be qualified to be elected as Vice-President a person must

(a)     Be a citizen of India.

(b)    Have completed 35 years of age

(c)     Have qualified to be elected as a member of the Rajya Sabha and

(d)    Not hold any office of profit.

However, for this purpose, the President, Vice-President, governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit.

The Vice-President cannot be a member of either House of the Parliament or a House of the Legislature of a State. If a member of the Parliament or a State Legislature is elected Vice-President, he ceases to be a member of the Parliament or the Legislature of a State from the date of which he enters upon his office.

Term of office of vice-president

The Vice-President holds office for five years. But if his successor is unable to enter upon his office, then the Vice-President continues to hold his office beyond the five years term until his successor enters upon his office. The Vice-President can be removed from his office by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha (effective majority) and agreed to by the Lok Sabha. Prior to passing the resolution in the Rajya Sabha, a fourteen-day notice should be served on the Vice-President. Further, the procedure for the removal of the Vice-President cannot be initiated in the Lok Sabha. A formal impeachment is not required for this removal. An election to fill the vacancy caused by expiration of the term of office of Vice-President should be completed before the expiration of the term. An election to fill a vacancy caused by reasons other than expiration of five-year term should be completed as early as possible.

Election of the vice-president

The election of the Vice-President like that of the President is indirect. He is elected by an electoral college consisting of all the members of the Parliament (both elected and nominated members). The State Legislatures do not take part in it. The election is in accordance with the system of proportional representation by means of the single transferable vote. The Supreme Court has the final and exclusive jurisdiction for resolving disputes and doubts relating to the election of the Vice-President.

Emoluments of vice-president

The Vice-President draws salary as the Chairman of the Rajya Sabha. In addition to his salary he is entitled to allowances and a rent-free accommodation. His monthly salary as the Chairman of the Rajya Sabha is Rs. 4,00,000. When he acts or discharges the functions of the President, he is entitled to the allowances, power, immunities and privileges attached to the office of President.

Functions of Vice President

Vice President is the executive Chairman of the Rajya Sabha and cannot hold any other office of the profit. However, during the period when he/ she acts as the officiating President of India, he / she shall not act as chairman of the Rajya Sabha and shall not be entitled to the salary or allowances payable to the chairman of the Rajya Sabha.

Article 65 says that in case the President is unable to discharge his/ her duties for reasons such as illness, resignation, removal, death or otherwise, the Vice President shall carry out functions of the President. In such case, he/ she shall be entitled for the salary, allowance and all privileges of the President.

Functions as the Chairman of the Rajya Sabha:

The Vice-President is not a member of the Rajya Sabha yet he acts as its Chairman. He conducts the business of the House. He maintains discipline and decorum in the House. He has the power to take action against those who violate the rules of Rajya Sabha. The Vice President has no right to vote as he is not a member of the Rajya Sabha. However, as its chairman, he can give a casting vote in case of a tie.

Position of Vice-President:

Despite the fact that the Vice-President has not been assigned any specific role or special duties, he occupies an important position in the Indian constitutional system. He occupies an office of considerable dignity. In the warrant of precedence he is next only to President.