Political Executive at the Union Level: Nominal and Real – President, Prime Minister and Council of Ministers
Chapter – 4
Table of Contents
INTRODUCTION
- The executive power of the Union government is vested in the President of India.
- The President can exercise these powers either directly or through subordinate officers.
- The President is responsible for running the administration under normal conditions or during a national emergency.
- In theory, the President’s role in administration is significant.
- However, since India has a Parliamentary form of government, the real administrative powers lie with the Cabinetand Council of Ministers.
- All executive actions are carried out in the name of the President.
- The power of the President is to be exercised in accordance with the Constitution.
PRESIDENT OF INDIA
- The President of India is the de jure executive head.
- The election to the office of President follows the system of proportional representation using the single transferable vote and secret ballot system.
- The electoral college for the President’s election consists of elected members of:
- i) Both Houses of Parliament
- ii) State Legislative Assemblies
- The Constitution mandates:
- a) Uniformity in the scale of representation of different states
- b) Parity between states and the Union in the election process
- The election process is based on the following:
- Votes of each MLA are determined by:
- (Total population of the state) ÷ (Total elected representatives of the assembly)
- Votes of each MP are determined by:
- (Total votes assigned to state assemblies) ÷ (Total elected members of Parliament)
- Votes of each MLA are determined by:
- The system of indirect election was introduced to maintain the impartiality of the President and to avoid mud slinging during elections.
- This system also helps to keep the President respected in the eyes of the people.
QUALIFICATION FOR THE ELECTION AS A PRESIDENT
To contest election to the office of the President of India, a candidate should have the following qualifications:
- He/She should be a citizen of India.
- He/She should have completed thirty-five years of age.
- He/She should not hold an office of profit under the government, State Government, or local body.
- He/She should have the other qualifications required to become a member of the Lok Sabha.
- His name should be proposed by at least ten electors and seconded by another ten electors of the Electoral College which elects the president.
TERM OF OFFICE OF THE PRESIDENT
- The term of office of the President is fixed at five years.
- The President may resign before completing his term.
- The President can be removed from office by impeachment as per Article 56(1) and Article 61 of the Constitution, but the process is difficult due to its rigid provisions.
- Impeachment charges must be signed by one-fourth of the members of the House, and a 14-day notice must be given to the President.
- The charges must be passed by a two-thirds majority in the House.
- The second House investigates the charges, and the President can either appear personally or send a representative to defend himself.
- If the charges are proved and the motion passes by a two-thirds majority in the second House, the President is removed immediately.
- A President holding office is eligible for re-election.
- In practice, Rajendra Prasad was the only person elected twice to the office of the President, and no other person has secured more than one term.