Section 1 · 10.1–10.1.1
The President: Qualifications and Election
Textbook pp. 99–102
Core Concept / Definition
India is described in the chapter as a democratic republic with a parliamentary form of government. At the Union level, the President, Prime Minister and Council of Ministers collectively constitute the Union Executive. The President is the head of State and is indirectly elected.
Qualifications
A candidate for President should be a citizen of India, should have completed 35 years of age, should be qualified to be elected as a member of the Lok Sabha and should not hold an office of profit. The offices of President, Vice-President, Governor and Minister of the Union or a State are not treated as offices of profit for this purpose. A person cannot at the same time be a member of Parliament or a State Legislature; if such a member is elected President, the seat is treated as vacated from the date the person assumes office.
Election: Electoral College and Voting Method
The President is elected by an Electoral College comprising the elected members of both Houses of Parliament and the elected members of State Legislative Assemblies (Vidhan Sabhas). Nominated Members of Parliament and members of State Legislative Councils are not members of this Electoral College. The election uses proportional representation by means of the single transferable vote system, and voting is by secret ballot.
Purpose of vote valuation: The Constitution’s method of valuation is designed to obtain parity between the votes of elected Members of Parliament on one side and elected Members of Legislative Assemblies of all the States on the other.
Value of Votes and Counting
The value of the vote of an elected State Legislative Assembly member is calculated from the State’s total population and the number of elected members of its Legislative Assembly, with the division by 1000 as described in the text. The value of each Parliamentary vote is then obtained by adding the votes of the State Legislative Assemblies and dividing that total by the total number of elected members of both Houses of Parliament. At both stages, a remainder below 50% of the divisor is ignored; a remainder of 50% or more adds one vote to the quotient.
Under the single transferable vote method, the elector marks preferences as 1, 2, 3 and so on. A ballot is invalid if the first preference is marked against more than one candidate or if the first preference is not marked at all. A candidate must obtain more than 50% of the valid votes, called the quota. If no candidate reaches the quota on first preferences, the candidate with the least votes is eliminated and the next preferences on those ballots are transferred. This continues until a candidate reaches the quota.
Section 2 · 10.2–10.2.3
Tenure, Privileges, Impeachment and Vacancy
Textbook pp. 103–104
Tenure
The President is elected for a five-year term and is eligible for re-election. The term begins from the date on which the President takes the oath of office. The President may resign before expiry of the term, and the office can also fall vacant because of death or impeachment.
Privileges and Immunities
During tenure, the President is not answerable to any court of law for the exercise of presidential functions. The President cannot be arrested and no criminal proceedings can be instituted against the President during the tenure. The President cannot be required to appear in court during that period. Before a civil case is instituted, a prior notice of two months is to be served.
Removal by Impeachment
The President can be removed only through impeachment for violation of the Constitution. The resolution may be moved in either House of Parliament after notice by at least one-fourth of the total members of that House. It must be passed by not less than two-thirds of the total membership of that House before going to the other House for investigation. The President has the right to be heard or defended, personally or through counsel. If the second House accepts the charges by a two-thirds majority of its total membership, the impeachment succeeds and the President stands removed from the date on which the resolution is passed.
Vacancy in the Office
When the office becomes vacant because of death, resignation or impeachment, the Vice-President officiates for not more than six months, and election of a new President must be held within six months. The newly elected President holds office for a full five-year term. When neither the President nor the Vice-President is available, the Chief Justice of India officiates until the new President is elected. When the President is temporarily unable to discharge functions, the Vice-President may discharge those functions without becoming the officiating President.
Section 3 · 10.3–10.4
Powers and Position of the President
Textbook pp. 105–107
Executive Powers
The President is the head of State and the Union’s executive powers are vested in the office. The President appoints the Prime Minister and, on the Prime Minister’s advice, appoints other ministers, allocates portfolios and may remove ministers. The President appoints judges of the Supreme Court and High Courts and also appoints officers such as the Attorney General, Comptroller and Auditor General, Chief Election Commissioner and other Election Commissioners, members of the Union Public Service Commission, Governors and Lieutenant Governors, on the advice of the Union Cabinet headed by the Prime Minister. The President is the Supreme Commander of the armed forces, appoints the service chiefs, conducts foreign affairs as head of State, appoints ambassadors and high commissioners, receives foreign diplomats and concludes international treaties in the President’s name.
Legislative Powers
The President is an integral part of Parliament. The President summons and prorogues Parliament, may dissolve the Lok Sabha on the Prime Minister’s recommendation, nominates twelve members to the Rajya Sabha from specified fields, and may nominate two members of the Anglo-Indian community to the Lok Sabha when that community is not adequately represented, as stated in the chapter. The President may call a joint sitting of the Houses in case of disagreement on a non-money bill, addresses Parliament, and sends messages to it. Every bill passed by Parliament is sent for presidential assent; a bill may be returned once for reconsideration, but if passed again the President has to give assent. When Parliament is not in session, the President may promulgate an ordinance, which has the force of law subject to the conditions described in the chapter.
Financial Powers
Money Bills are introduced in the Lok Sabha only with prior presidential approval. The President has control over the Contingency Fund of India, permitting advances for unforeseen expenditure. The Annual Budget and Railway Budget are introduced in the Lok Sabha on the President’s recommendation. The President appoints the Finance Commission every five years, receives its recommendations on financial matters including distribution of Central taxes between the Union and the States, and receives the reports of the Comptroller and Auditor-General for laying before Parliament.
Judicial Powers
The President appoints the Chief Justice and other judges of the Supreme Court and High Courts and appoints the Attorney-General of India. The President can pardon a criminal or reduce, suspend, commute or remit punishment for a person convicted by the Supreme Court or High Courts for an offence against federal laws. The power also extends to a person convicted by a Court Martial and includes pardon in a case involving death sentence. The chapter states that this function is performed on the advice of the Law Ministry.
Position of the President
The chapter characterises the President’s office as one of high dignity and eminence rather than an office of real executive power. The powers formally vested in the President are actually exercised by the Council of Ministers in the President’s name. The President is required to act on the advice of the Council of Ministers. At the same time, the President is not described as a mere rubber stamp: the office has the right to be informed, consulted and to warn; the President can seek information from ministers, ask a newly appointed Prime Minister to seek a vote of confidence in the Lok Sabha and give suggestions to, encourage, or warn the government. The concluding formulation in the chapter is that the President is the head of State, represents the nation, but does not rule the nation; the office is a ceremonial head.
Section 4 · 10.5
The Vice-President
Textbook pp. 108
Election and Qualifications
The Vice-President is elected indirectly by an Electoral College consisting of members of both Houses of Parliament. The election is by proportional representation through the single transferable vote system and secret ballot. The Vice-President cannot be a member of either House of Parliament or a State Legislature. The qualifications are Indian citizenship, minimum age of 35 years, no office of profit and eligibility for election as a member of the Rajya Sabha.
Tenure and Removal
The Vice-President is elected for five years and may resign before expiry by writing to the President. Removal before five years is possible when a resolution to that effect is passed by a majority of Rajya Sabha and agreed to by the Lok Sabha.
Functions
The Vice-President is the ex-officio Chairman of the Rajya Sabha. The Vice-President maintains order in the House, allows members to speak and ask questions and puts bills and motions to vote. Because the Vice-President is not a member of the Rajya Sabha, there is no ordinary vote; however, in case of a tie, the Vice-President exercises a casting vote. When the President’s office is vacant, the Vice-President officiates as President for not more than six months and, during that period, exercises the President’s powers and does not preside over the Rajya Sabha. The Vice-President may also discharge the President’s functions temporarily without becoming the officiating President.
Section 5 · 10.6–10.8
Prime Minister, Cabinet and Ministerial Responsibility
Textbook pp. 109–114
Prime Minister and Council of Ministers
The Constitution provides for a Council of Ministers with the Prime Minister at its head to aid and advise the President. The word “shall” in this provision is used in the chapter to indicate that the President cannot function without the Council of Ministers. Thus, the President is the constitutional head of State, while the Prime Minister is the real head of government.
Appointment and Formation
The Prime Minister is appointed by the President, but normally the President invites the leader of the majority party in the Lok Sabha to form the government. If no single party has a clear majority, the person likely to command the support of two or more parties forming a majority in the Lok Sabha is invited. The Prime Minister remains in office while enjoying majority support in the Lok Sabha. Ministers are appointed by the President on the Prime Minister’s advice. In selecting ministers, the Prime Minister considers representation of different regions and social groups and, in coalition governments, representation of coalition parties. The Prime Minister allocates and can alter portfolios.
Powers and Functions of the Prime Minister
The Prime Minister selects ministers, allocates portfolios, presides over Cabinet meetings, coordinates the work of ministers and exercises major influence over Cabinet decisions. The Prime Minister is the link between the President and the Cabinet, communicates Cabinet decisions to the President and keeps the President informed about government policies and decisions. Important appointments are made by the President on the Prime Minister’s advice. The Prime Minister is also the principal spokesman and defender of government policies in Parliament, plays an important role in domestic and foreign policy, and acts as leader of the nation. The chapter notes that the Prime Minister’s position and effectiveness depend in part on the person’s political standing, party support and whether the government has a majority or depends on outside support.
Council of Ministers versus Cabinet
The Council of Ministers includes all categories of ministers, while the Cabinet consists of senior ministers and is a smaller inner body within the Council. The chapter states that the Cabinet’s number varies from 15 to 30, while the Council may consist of more than 70. The Council as a whole rarely meets, whereas the Cabinet meets frequently. It is the Cabinet that determines government policies and programmes and exercises powers on behalf of the Council of Ministers.
Cabinet Functions and Ministerial Responsibility
The Cabinet determines internal and external policies, takes major decisions on defence and security, formulates policies for better living conditions, controls national finance, prepares the President’s address to Parliament, is responsible for ordinances issued when Parliament is not in session, and prepares the parliamentary agenda. Ministers are collectively and individually responsible to the Lok Sabha. Collective responsibility means that every minister accepts responsibility for Cabinet decisions; a minister who cannot accept a Cabinet decision must resign. A vote of no-confidence against the Prime Minister is a vote against the whole Council, and an adverse Lok Sabha vote on a government bill or budget signifies lack of confidence in the Council as a whole. Individual responsibility applies where the action or personal conduct of an individual minister is criticised and not accepted, or where the Prime Minister asks a minister to quit. A no-confidence motion expresses the House’s lack of confidence in the Council of Ministers and, if adopted, requires the Council to resign.