President - BureaucratONE

A52 - 78
Part V deals with union executive
- President
- Vice Prez
- PM
- COM
- Attorney General of India
Prez
- Head of Indian state
- First citizen of India
- Symbol of unity, integrity, solidarity of the nation

Election

Indirectly through electoral college of
- Elected members of
  1. Parliament = LS & RS
  2. State legislative assemblies
  3. UTs legislative assemblies of Delhi & Puducherry
- Non-participants
  - Nominated members of
    - parliament
    - State Assembly
    - UT's legislative assembly
  - Members - elected & nominated
    - State legislative council
  - Members of dissolved assemblies
Uniformity among states & parity b/w centre and state
- Uniformity
  - Value of vote of MLA = Total population of state / Total elected MLA x 1000
- Parity
  - Value of vote of MP = Total value of all MLA / Total elected MPs
System of proportional representation with simple transferable vote (secret ballot)
- Must secure fixed quota of votes
  - Electoral Quota = [Total number of valid votes polled/(1+1)] + 1
- Voters indicate their preferences by marking 1, 2, 3, 4
- Phase 1
  - 1st preference vote > Electoral quota then won
  - Else phase 2
- Phase 2
  - Least preferred candidates removed
  - and his 2nd preference votes are transferred as 1st preference votes of other candidates
  - This process continues until votes cross electoral quota
SC decision on disputes in election of prez is final
Reason for indirect election
- Nominal head not rival power house for PM + COM
- Direct elections = costly, time consuming
Technical Issues
- proportional representation is misnomer bcos it is used for two or more seats not single seat like prez, so use preferential vote system or alternate vote system
- No single transferable vote since every voter has plural votes

Qualification

Citizen of India ( unlike USA every citizen not only naturalised citizen)
> 35 years old
Eligible to be elected as MP of LS
No office of profit except
- Prez
- Vice Prez
- Governor
- Any minister of union or state
Nomination of candidate needs
- >50 electors as proposers
- >50 electors as seconders
- Rs.15k security deposit with RBI (forfeited if didn't secure 1/6th votes)
  - To discourage non-serious candidates

Oaths or Affirmation

Administered to CJI
In his absence = senior-most judge of SC
Oath
- faithfully execute office
- preserve, protect and defend the constitution and the law
- devote to service and well-being of people

Conditions of president's office

Not a member of parliament or state legislature
- If such members elected = deemed to have vacated
No office of profit
Entitled to use Official residence(Rashtrapathi Bhavan) without payment
Perks determined by parliament
Perks can't be diminished during his term
Personal immunity from legal liability for his official acts
Criminal immunity during the office
Civil proceeding immunity subject to 2 months notice

Term

5 years
can resign to Vice prez
Can be Impeached
Eligible for re-election any no of times(unlike US prez = twice)

Impeachment

only for violation of the constitution
but violation not defined in constitution
Impeachment initiated in any house of parliament
1. Charges signed by 1/4th members
2. 14 days notice to prez
Special Majority - 2/3rd of total membership of both houses
Quasi-judicial process
1. Nominated members also can participate though not in election
2. elected member of UTs of Delhi & Pondicherry don't participate though they participate in election
No prez impeached so far

Vacancy in prez's office

Circumstances
- tenure expires
- resigns
- impeached
- death
- disqualified as election declared void by SC
Elections held before expiration date, if not possible outgoing prez continues after 5 years until election - prevents interregnum
Vacant due to death, resignation, impeachement..etc
- within 6 months election
- Vice-prez acts as prez until election
- If Vice-prez not available then CJI
- If CJI not available senior-most judge of SC

Powers and function

Executive power
Legislative power
Financial power
Judicial power
Diplomatic power
Military power
Emergency power

Executive Power

All actions of govt in his name
Appoints
- PM + COM and holds office during his pleasure
- Attorney general and holds office during his pleasure
- CAG
- CEC & other Election comissioners
- Chair + members of UPSC
- Governors
- Chair + members of FC
Can appoint commission to investigate into conditions of SCs, STs & OBC
Can appoint inter-state council
Administers UTs through admins appointed by him
Can declare any area scheduled area and can administer scheduled areas and tribal areas

Legislative Power

Summons or prorogue the parliament the parliament
Summons joint sittings (speaker of LS presides)
Dissolves LS
Addresses Parliament in 1st session of each year or 1st session after general election
Can appoint any member of LS to preside if speaker and dy.speaker is absent, similarly in RS
Nominates 12 member to RS - literature, science, art and social science
Disqualifies MP after consulting EC
Prior recommendations to - expenditure on consolidated fund of India, alteration of boundaries of states or creation
Bills sent to prez after passing in parliament
- give assent
- withhold assent
- return (except money bill)
  - if passed again with or without amendments - give assent
Bill sent to prez after passing in state legislature
- give assent
- withhold assent
- return (except money bill)
  - if passed again with or without amendments - no obligation to give assent
Promulgate ordinance - Approved by parliament within 6 weeks after reassembly
Lays report of
- CAG
- UPSC
- FC
- others to parliament
Make regulations for A&N, Lakshadweep, D&N, D&D
- In case of Puducherry only if assembly suspended or dissolved

Financial Powers

Money bills need prez's prior recommendation
Lays before parliament - Budget or Annual financial statements
No demand for grants without his recommendation
Spends from contingency fund of India to meet unforeseen expenditure
Constitutes FC every 5 year for C-S revenue sharing

Judicial Power

Appoints
- CJI
- SC Judges
- HC Judges
Can seek advice from SC on law but advice not binding
Can grant - all cases of court martial, death sentence, or punishment for against Union of India
- Pardon
- Reprieve
- Respite
- Remission
- Suspend
- Remit or Commute

Diplomatic Power

Represents India in International forums
All treaties and agreements concluded on his behalf but subject to parliament's approval

Military Power

Supreme commander of defence forces
Declare war or conclude peace subject to parliament's approval

Emergency Power

National Emergency - A352
Presidents Rule - A356 & 365
Financial Emergency - A360

Veto Powers

A111 - Bill presented to prez for his assent
- Assent
- Withhold - "Absolute Veto"
- Return Bill (Except Money Bill) - "Suspensive Veto"
Objective of veto
- To prevent hasty ill-considered legislation
- To prevent unconstitutional legislation
- But no veto on constitutional amendment bill (24th CAA - 1971)
Types of Veto
1. Absolute Veto - withhold assent
2. Qualified Veto - overridden by higher majority (Not available for Indian prez but US prez)
3. Suspensive Veto - Overridden by ordinary majority
4. Pocket Veto - takes no action - neither assent or withhold or return

Absolute Veto

Withholds assent - bill doesn't become act
Usual scenarios
- Private member Bill
- After old cabinet resigns and new cabinet advises prez
E.g
- 1954 - Dr.Rajendra Prasad withheld assent to PEPSU Appropriation Bill
- 1991 - R Venkataraman withheld assent to Salary, Allowances and Pension of Members of Parliament (Amendment Bill)

Suspensive Veto

Returns a bill (except money bill)
- Returned bill passed again with or without amendments with simple majority, prez need to assent
Money Bill either given assent or withheld

Pocket Veto

No time limit for assent or withhold or return
USA - 10 days time to return
Pocket of Indian prez bigger than US prez
E.g
- 1986 - Zail Singh pocket vetoed Indian Post Office (Amendment) Bill

Presidential Veto over State Legislature

State Bills become act after assent of
- Governor
- Or Prez if governor reserves it
A200 - Governor has 4 alternative for state Bills
- Assent
- Withhold
- Return (not money bill)
- Reserve for prez's consideration
A201 - Prez has 3 alternatives for bills reserved by governor
- Assent
- Withhold
- Return (not money bill)

Ordinance making power of the president

A123 - prez can promulgate ordinance during the recess of Parliament (not found in USA/UK)
- Only when both or either of the house not in session
  - Not a parallel power of legislation
- Only if prez satisfied that circumstances exist for ordinance
  - Cooper Case - 1970 - SC can question in case of malafide intention
  - 1975 - 38th CAA prez satisfaction final & court can't question
  - 1978 - 44th CAA said SC can question
- After parliament reassembles
  - Approved within 6 weeks - Ordinance becomes act
  - Else ceases after 6 weeks
  - Ceases even before 6 weeks if both houses pass resolution disapproving it
  - If summoned to reassemble on different dates - 6 weeks from later of those dates
    - So max life of ordinance - 6 months(max gap b/w two sessions) & 6 weeks
- Ordinance making power not discretionary but on advice of COM + PM
- Can be retrospective
- Can not be issued to amend constitution
Ordinance power misused - Bihar govt promulgated 256 ordinance and many re-promulgated for upto 14 years - D C Wadhwa Case 1987

Pardoning power of President

A72 - pardoning power to prez on following convictions
- Punishment for offence against union law
- Punishment by court martial or military court
- Death sentence
Objective
- To correct any judicial errors
- To afford relief to unduly harsh punishment
Powers
- Pardon - Completely absolves from all sentences, punishment and disqualification
- Commutation - Substitute with lighter punishment
- Remission - Reduction in period of sentence without change in character
- Respite - Lesser sentence due to special fact like physical disability or pregnancy
- Reprieve - Temporarily stay execution of sentence (esp. death) to provide time, so convict can seek pardon or commutation
Powers of Governor
- Has all the above powers
- But can't pardon death sentence but can commute, remission, respite or reprieve death sentence
- Can't pardon sentences by court-martial or military court

Constitutional position of president

Prez is nominal executive = needs aid & advice of COM + PM(A74)
Real executive = PM + COM
42nd CAA 1976 - Prez bound by advice of COM + PM
44th CAA 1978 - Prez can return a matter for reconsideration but reconsidered advice is binding
Prez has no constitutional discretion but has situational discretion
- Appointment of PM
  - when no party has clear majority
  - If PM dies and no obvious successor
- Dismissal of COM when it can't prove confidence of LS
- Dissolution of LS if COM lost its majority