President- Executive of the Union

Question 1

Article 53

Answer 1

Power of executive of the union is vested in the President of India

Question 2

Important Points regarding President

Answer 2

President is the head of the union executive. The President is the first citizen of India and acts as a symbol of unity, integrity and solidarity of the nation.

The President of India is indirectly elected by electoral college, in accordance with the system of proportional representation by means of the single transferable vote.

Question 3

The electoral college for the president consists of :

Answer 3

The elected members of both houses of the Parliament
The elected members of the legislative assembly is of the states
The elected members of the legislative assembly is of union territories of Delhi and Puducherry.

Question 4

on what grounds does the indirect election of president supported?

Answer 4

Direct election by a large electorate of people would be very costly.
Real power is vested in the ministry, so it would be anomalous is to elect the President directly without giving him real powers

Question 5

Qualification for election as president are

Answer 5

Be a citizen of India
Have completed the age of 35 years
Be qualified for election as a member of the house of the people
Must not 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.

Question 6

Term of office of the President

Answer 6

The President’s term of office is five years from the date on which he enters upon his office

Question 7

Resignation of the President

Answer 7

President can submit resignation in writing under his hand addressed to the vice president of India

Question 8

Impeachment

Answer 8

The only ground for impeachment of president specified in article 61A is ‘violation’ of the Constitution.
Either House may prefer the charge of violation of Constitution by the President provided that:

Resolution containing a proposal is moved after a 14 days notice in writing signed by not less than 1/4 of the total member of that house and

The resolution is then passed by a majority of not less than 2/3 of the total membership of the house.

Charge preferred by one House is investigated by the other house.

The president has the right to appear and to be represented at such investigation.

Question 9

Vacancy in the office of the President

Answer 9

Vacancy in the office of the president can be caused in any of the following ways: 
On the expiry of his term of five years
By his death
By his resignation
On his removal by impeachment

Question 10

Powers of president

Answer 10

The President is the formal head of the administration. All executive actions of the union or expressed to be taken in the name of president.(Article 77)
All officers of the union are the presidents subordinate and he or she has the right to be informed of the affairs of the union(Article 78, 53(1))
The president has the power to appoint and remove high dignitaries.

Question 11

Military power

Answer 11

The supreme command Of the defence forces is vested in the President of India ,but the Parliament can regulate or control that the exercise of such powers refers to article 53(2).
Certain acts cannot be done by the President without approaching Parliament for sanction. example act which involved expenditure of money (refers article 114(3) )such as raising,training and maintaining of the defence forces.

Question 12

Diplomatic power

Answer 12

The President is empowered to negotiate treaties and agreements with other countries on advice of his ministers, subject to ratification by Parliament.
President of India represents India in international affairs, appoints Indian representative to other countries and receives diplomatic representatives of other states.

Question 13

Legislative power

Answer 13

President has the power to summon or prorogue houses of Parliament and dissolve the Lok Sabha.(Refers article 85)
He also has the power to summon a joint sitting of both houses of Parliament in case of a deadlock between them refers article 100 8 108

The president addresses both houses of Parliament assembled together at the first session after the general election of the Lok Sabha and at the commencement of the first session of each year

The president has the right to address either houses or their joint sitting at any time and to require the attendance of members for this purpose( refers article 86(1)).

Question 14

When a bill is presented to the President for assent

Answer 14

A bill becomes an act of the Indian Parliament only after it received the assent of the President

He may declare his assent to the Bill

He met with holds assent to the Bill

He may in case of a bill other than money bills return the bill for reconsideration of the houses with or without a message suggesting amendments if the bill is passed again by both houses with or without the amendments and again presented to the President it would be obligatory upon him to declare his assent to it.(Article 111)

Question 15

Pardoning powers of the president

Article 72, 161

Answer 15

The President as well as the governors possess powers to grant pardon
Pardon rescinds both the sentence in the conviction and absolves the offender from all punishments and disqualifications.

Commutation merely substitute one form of punishment for another of a lighter character.

Remission reduces the amount of sentence without changing the character.

Respite means avoiding a lesser sentence instead of the penalty prescribed in view of pregnancy of a woman offender etc.

Reprieve means a stay of execution of a sentence example pending proceedings for pardon or commutation.