President & Vice President

This is a special type of majority used to remove the Vice President in the Rajya Sabha. It means 'more than 50% of the effective strength' of the house. Effective strength is the total seats minus the number of vacant seats. For example, if Rajya Sabha has 245 seats and 5 are vacant, the effective strength is 240. The majority needed would be 121.

This is the group of people who elect the Vice President. It consists of all members of the Parliament (both Lok Sabha and Rajya Sabha). This includes both 'Elected' members and 'Nominated' members. For example, a famous scientist nominated to the Rajya Sabha can vote for the VP. This is different from the Presidential election, where nominated members and State MLAs cannot vote.

The term 'ex-officio' means 'by virtue of the office'. The person elected as Vice President automatically becomes the Chairman of the Rajya Sabha. He does not need a separate election for this role. His powers in the Rajya Sabha are similar to the Speaker of the Lok Sabha. He maintains order and discipline in the house during debates.

Before 2003, there was no limit on the number of ministers. This led to very large councils to please different political parties. The 91st Amendment changed this. It states that the total number of ministers, including the PM, cannot exceed 15% of the total members of the Lok Sabha. This ensures a compact and efficient government. Example: If the Lok Sabha has 543 members, the Council cannot have more than about 81 ministers.

Impeachment is the formal process to remove the President from office for 'Violation of the Constitution'. It is a 'Quasi-Judicial' process. This means it is partly like a court trial but happens in Parliament. A motion must be signed by 1/4th of the members of a house and a 14-day notice is given. It requires a 2/3rd majority of the total membership of both houses to pass. Example: No Indian President has ever been impeached so far.

In India, the PM can be a member of either the Lok Sabha or the Rajya Sabha. This is different from the UK, where the PM must be from the lower house. For example, Indira Gandhi and Manmohan Singh were members of the Rajya Sabha when they became PM. This allows the party to choose their best leader regardless of their house membership.

This is the foundation of parliamentary democracy. Under Article 75, all ministers are jointly responsible to the Lok Sabha. They 'sink or swim together.' If the Lok Sabha passes a 'No-Confidence Motion' against the government, every minister must resign. Even if a minister disagrees with a decision in private, they must defend it in public. If they cannot defend it, they must resign from the Council. Example: If the government's main Budget fails in the House, the whole Council resigns.

The Attorney General (Article 76) is part of the Union Executive but is not a political member. He is the government's chief legal advisor. A unique feature is that he can participate in Parliament proceedings and join committees, but he does not have the right to vote in the House.

Election of the President

The President of India, the head of the Indian State, is elected indirectly by an electoral college, ensuring both uniformity among states and parity between the Union and states. This unique method is enshrined in the Indian Constitution.

Key Facts: Qualifications and Term

• Qualifications (Article 58):
  • Must be a citizen of India.
  • Must have completed 35 years of age.
  • Must be qualified for election as a member of the Lok Sabha.
  • Must not hold any office of profit under the Union government, any state government, or any local or other authority. (However, the President, Vice-President, Governor of any state, and a Minister of the Union or any state are not deemed to hold any office of profit).
• Term of Office (Article 56):
  • The President holds office for a term of five years from the date on which he enters upon his office.
  • Can resign at any time by addressing the resignation letter to the Vice-President.
  • Can be removed from office before completion of the term by the process of impeachment for 'violation of the Constitution'.
  • Can hold office beyond the term of five years until a successor assumes charge, preventing an 'interregnum'.
• Eligibility for Re-election (Article 57):
  • A person is eligible for re-election to that office for any number of terms. This differs from the USA, where a person can be elected President only twice.

Mechanism: The Electoral College and Election Process

1. The Electoral College (Article 54): The President is elected by an electoral college consisting of:

• The elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
• The elected members of the Legislative Assemblies of the States.
• The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry (added by the 70th Constitutional Amendment Act, 1992).

Who does NOT participate?

• Nominated members of both Houses of Parliament.
• Nominated members of the state legislative assemblies.
• Members (both elected and nominated) of the state legislative councils (in bicameral legislatures).
• Nominated members of the Legislative Assemblies of Delhi and Puducherry.

2. Manner of Election (Article 55): The President's election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.

• Value of Votes:

  • MLA's Vote Value: (Total population of the state / Total number of elected MLAs in the state) x 1/1000
  • MP's Vote Value: (Total value of votes of all elected MLAs of all states / Total number of elected MPs of both Houses of Parliament)
  • The Constitution mandates uniformity in the scale of representation of different states and parity between the states as a whole and the Union.

• Single Transferable Vote (STV):

  • Voters indicate their preferences (1, 2, 3, etc.) against the names of candidates.
  • A candidate needs to secure a fixed quota of votes to be declared elected. The quota is determined by the formula: [Total number of valid votes polled / (Number of candidates to be elected + 1)] + 1 (Since only one President is elected, this simplifies to [Total valid votes / 2] + 1).
  • If no candidate secures the quota in the first count (based on first preference votes), the candidate with the least first preference votes is eliminated, and their second preference votes are transferred to the remaining candidates. This process continues until a candidate secures the required quota.

Exam Angle

• Remember the distinction between elected and nominated members in the electoral college. Nominated members do not vote in the President's election but do participate in impeachment.
• Understand the principles of uniformity and parity and how vote values are calculated.
• The 70th Amendment Act, 1992, is crucial for including Delhi and Puducherry.
• The 'office of profit' clause is a frequent point of confusion; know the exceptions.

Definition

The office of the Vice President of India is the second-highest constitutional office in the country, modelled on the lines of the American Vice President. Established under Article 63 of the Constitution, the Vice President plays a crucial role in maintaining political continuity and parliamentary decorum.

Key Facts

• Constitutional Basis: The office is enshrined in Part V of the Indian Constitution, specifically from Article 63 to Article 71.
• Dual Functions: The Vice President performs two primary functions:
  1. Ex-officio Chairman of Rajya Sabha: As per Article 64, the Vice President is the ex-officio Chairman of the Council of States (Rajya Sabha). In this capacity, their powers and functions are largely similar to those of the Speaker of Lok Sabha. They maintain order, regulate proceedings, and can cast a casting vote in case of a tie, but cannot vote in the first instance as they are not a member of the House.
  2. Acting President: Under Article 65, the Vice President acts as President when a vacancy occurs in the President's office due to resignation, impeachment, death, or otherwise. They also discharge the President's functions when the sitting President is unable to do so due to absence, illness, or any other cause. When acting as President, the Vice President can do so for a maximum period of six months, within which a new President must be elected. During this period, they do not perform the duties of the Chairman of Rajya Sabha; these duties are performed by the Deputy Chairman of Rajya Sabha.
• Emoluments: The Constitution does not fix any emoluments for the Vice President in that capacity. They draw their salary in their capacity as the ex-officio Chairman of the Rajya Sabha. In 2018, the Parliament, through the Finance Act, 2018, increased the salary of the Chairman of the Rajya Sabha from ₹1.25 lakh to ₹4 lakh per month. When acting as President, they are entitled to the salary and allowances of the President.
• Term of Office: The Vice President holds office for a term of five years from the date they enter office (Article 67). They are eligible for re-election for any number of terms.
• Removal: A formal impeachment is not required. The Vice President can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha (effective majority) and agreed to by the Lok Sabha (simple majority). This resolution can only be introduced in the Rajya Sabha and requires at least 14 days' advance notice. No specific grounds for removal are mentioned in the Constitution.

Mechanism

The Vice President's role is unique due to its dual nature. While primarily serving as the presiding officer of the Rajya Sabha, the office also acts as a crucial safeguard for constitutional continuity. The mechanism ensures that there is always a high-ranking official ready to assume the President's duties, preventing any power vacuum. When the Vice President steps into the President's shoes, their primary role as Chairman of the Rajya Sabha is temporarily taken over by the Deputy Chairman, ensuring the smooth functioning of both offices.

Exam Angle

Understanding the Vice President's dual role, the specific articles governing their functions, and the differences in their removal process compared to the President are critical. The comparison with the American Vice President, particularly regarding succession, is a frequently tested concept. Remember that the Vice President's salary is tied to their role as Chairman of the Rajya Sabha, not as Vice President.

Powers and Functions of the President

The President of India is the head of the Indian State and the first citizen of India. The Constitution vests numerous powers and functions in the President, categorised broadly into Executive, Legislative, Financial, Judicial, Diplomatic, Military, and Emergency powers. While the President is the nominal head, these powers are generally exercised on the aid and advice of the Council of Ministers, as per Article 74.

Executive Powers

• Formal Head: All executive actions of the Government of India are formally taken in the President's name (Article 77).
• Rule-making: Can make rules for more convenient transaction of Union government business and allocation among ministers.
• Appointments: Appoints the Prime Minister, other ministers (who hold office during his pleasure), Attorney General of India (Article 76), Comptroller and Auditor General of India (Article 148), Chief Election Commissioner and other Election Commissioners, Chairman and members of UPSC, Governors of states, Chairman and members of Finance Commission, etc.
• Information Seeking: Can seek any information relating to the administration of Union affairs and proposals for legislation from the Prime Minister.
• SC/ST/OBC Commissions: Appoints commissions to investigate conditions of SCs, STs, and OBCs.
• Inter-State Council: Can establish an Inter-State Council to promote Centre-state cooperation.

Legislative Powers

• Summoning and Proroguing Parliament: Can summon or prorogue the sessions of Parliament and dissolve the Lok Sabha (Article 85).
• Addressing Parliament: Addresses the first session after each general election and the first session of each year.
• Sending Messages: Can send messages to Parliament regarding a bill or otherwise.
• Nomination: Nominates 12 members to the Rajya Sabha from persons having special knowledge or practical experience in art, literature, science, and social service. Nominates 2 members to the Lok Sabha from the Anglo-Indian community (provision now lapsed).
• Assent to Bills: A bill passed by Parliament becomes an Act only after the President's assent (Article 111). The President can:
  • Give assent to the bill.
  • Withhold assent to the bill.
  • Return the bill (if not a Money Bill) for reconsideration. If Parliament passes it again, with or without amendments, the President must give assent.
• Veto Power: The President possesses absolute, suspensive, and pocket vetoes. The pocket veto allows the President to keep a bill pending for an indefinite period without taking any action, as the Constitution does not prescribe a time limit for giving assent.
• Ordinance Making Power: Can promulgate ordinances when Parliament is not in session (Article 123). These ordinances have the same force as an Act of Parliament but must be approved by Parliament within six weeks of its reassembly. The President can also withdraw an ordinance at any time.
• Reports: Lays reports of the CAG, UPSC, Finance Commission, etc., before Parliament.

Financial Powers

• Money Bills: A Money Bill can be introduced in Parliament only with the President's prior recommendation.
• Budget: Causes the Union Budget (Annual Financial Statement, Article 112) to be laid before Parliament.
• Demand for Grant: No demand for a grant can be made except on his recommendation.
• Contingency Fund: Can make advances out of the Contingency Fund of India to meet unforeseen expenditure.
• Finance Commission: Constitutes a Finance Commission after every five years to recommend the distribution of revenues between the Centre and states (Article 280).

Judicial Powers

• Appointments: Appoints the Chief Justice and judges of the Supreme Court and High Courts.
• Advisory Jurisdiction: Can seek advice from the Supreme Court on any question of law or fact (Article 143). The advice, however, is not binding on the President.
• Pardoning Power: Can grant pardons, reprieves, respites, remissions, and commutations of punishment, or suspend, remit, or commute the sentence of any person convicted of any offence (Article 72). This power applies in cases involving:
  • Punishment or sentence by a court martial.
  • Offence against a Union law.
  • Sentence of death.

Diplomatic Powers

• International treaties and agreements are negotiated and concluded on behalf of the President, subject to Parliament's approval.
• Represents India in international forums and affairs.
• Sends and receives diplomats like ambassadors and high commissioners.

Military Powers

• Is the Supreme Commander of the Defence Forces of India.
• Appoints the chiefs of the Army, the Navy, and the Air Force.
• Can declare war or conclude peace, subject to Parliament's approval.

Emergency Powers

• National Emergency (Article 352)
• President's Rule (Article 356)
• Financial Emergency (Article 360)

These powers underscore the President's pivotal, albeit largely ceremonial, role in the Indian constitutional framework.

This is the foundation of Parliamentary democracy. Under Article 75, the Council of Ministers is collectively responsible to the Lok Sabha. This means if the Lok Sabha passes a 'No-Confidence Motion' against one minister or the government, the entire team of ministers must resign together. They 'swim or sink' together.

While ministers are collectively responsible to the House, they are individually responsible to the President. This means a minister stays in power as long as the President is happy (pleasure of the President). However, the President only acts on the PM's advice. If the PM is unhappy with a minister's work, they can ask for a resignation or tell the President to dismiss them. Example: A minister might be removed if they violate government policy or act against the PM's direction.

This article explains the PM's duty to keep the President informed. The PM must communicate all cabinet decisions about the Union's administration. If the President asks for any specific information, the PM must provide it. This creates a bridge between the real executive and the nominal head. For example, if the Cabinet decides on a new law, the PM tells the President.

The PM leads the Council of Ministers, which is collectively responsible to the Lok Sabha. This means they 'sink or swim together.' If the Lok Sabha passes a no-confidence motion, everyone must resign. The PM's resignation alone can bring down the whole government. This ensures the government remains accountable to the people's elected representatives.

This is the specific group of people who vote to elect the President. It consists only of 'Elected Members' of the Lok Sabha, Rajya Sabha, and the Legislative Assemblies of all States, including Delhi and Puducherry. For example, if a state has 100 MLAs, only those 100 elected people can vote. Nominated members are excluded to ensure the President represents the will of the elected representatives of the people.

The President is the Nominal Executive (De Jure), meaning the Constitution gives him power, but he must use it based on advice. The Prime Minister is the Real Executive (De Facto) who actually exercises these powers. For example, the President appoints the Chief Justice, but he usually follows the recommendation of the government and the collegium.

When the Parliament is not in session and an urgent law is needed, the President can issue an 'Ordinance'. This has the same force as a regular law. However, it is a temporary law. Once the Parliament meets again, it must approve the ordinance within six weeks, or it will expire. This power ensures the government can handle emergencies when the legislature is on break.