The central Government is the supreme government in our country.The head quarter of the Central Government is at New Delhi.
Articles 52 to 78 in part V of Indian Constitution deals with the Union Executive.Our Constitution provides for a democratic form of government.The markers of the Indian constitution, by giving due recognition to the vastness and plural character of our nation,have provided a federal arrangement for her governance. The Central Government consists of three organs, namely, Union Executive, Legislative and Judiciary.The Union Executive consists of the president of India,the Vice – president,and the Council of Ministers headed by the Prime Minister,and the Attorney General of India.The legislative is known as the Parliament.It consists of two houses,namely the Rajya sabha and the look Sabha.The union Judiciary consists of the Supreme Court of India.
The president of India
In the Scheme of parliament system of government provided by the constitution,the president is the nominal executive authority.The chief executive of the Indian union is the President.He is designed as the first citizen of India.He is the supreme commander of the armed forces.The president is also the constitutional head of the Union Executive.He is also responsible for constrituting the judiciary.According to Article 53 of the constitution,the executive power of the Union shall be vested in the President which shall be exercised by him directly or through offers subordinate to him in accordance with construction.
Qualification for the election as president
The constitution lays down qualification for a presidential candidate.
• He should be a citizen of India.
• He must have completed the age of thirty five years
• He must not hold any office of profit under the Union,state or local Government.
• He should have the other qualifications required to become a member of the Lok Sabha
• His or her name should be proposed by at least ten electors and seconded by another ten electors of the Electoral college which elects the President.
The president cannot be a Member of parliament or of a state Legislature;if he is a member of any Legislature,his seat will be deemed to have been vacated on the date he/ she assumes the office of President.
Election of President
The president is elected by an electoral college in accordance with the system of proportional representation by means of single transferable vote. The Electrol college consists of the elected members of both houses of parliament and the elected members of the states and elected members of National capital Territory of Delhi and Puducherry.Once elected as te the President has to take an oath of office before the Chief Justice of India.The president is elected for a term of five years and can be re-elected.
Powers of the President
The powers and functions of the president of India can be broadly classified under the following categories.
Executive Powers
The constitution vests in the president of India all the executive Powers of the Central Government.Article 77 requires that every executive action of the Union shall be taken in the name of the President.So he has to make many appointments to key – officers to run the administration. He appoints the Prime Minister and the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister.He is responsible for making a wide variety of appointments.These include the appointment of Governors of states,the Chief Justice and other Judges of the Supreme Court and high courts, the Attorney General, the Chief Election Commissioners the Chairman and other Members of the Union public service commission Ambassadors and High Commissioners to the countries. He appoints a commission to investigate into the conditions of SCs,STs and other backward classes.He is the supreme commander of the defense forces of India,in this capacity the president can appoint Army,Navy,and Air Chiefs.
Legislative Powers
The president is an integral part of the Union Parliament.He inaugurates the session of the parliament by addressing it after the general election and also at the beginning of the first session each year.This address is essentially identical in nature to a speech from the Throne.The president summons parliament at least twice in a year.He may send messages to either House of the parliament with respect to a bill pending in the House.All bills passed by the parliament become “Laws of Acts” only after getting assent of the President.Money bills cannot be introduced in the Parliament without his approval.President terminates the sessions of both or any of the Houses of Parliament.He can even dissolve the Lok Sabha before the expiry of the term of the House.He nominates 12 persons who are eminent in literature, Science,Sports,art and Social service to the Rajya Sabha.He can also nominate two persons belonging to Anglo-Indian Community to the Lok Sabha,if in his opinion ,that Community is inadequately represented in the House.
Financial Powers
Money bill can be introduced in the parliament only with his prior recommendation.Annual Budget of the Central Government is presented before the Lok Sabha by the Union Finance Minister only with the permission of the President.He causes to be laid before the parliament the annual financial statement (the Union Budget).The Constitution of India places the Contingency Fund of India is at the disposal of the President.No demand for a grant can be made except on his recommendation.He can make advances out of the contingency fund of India to meet any unexpected expenditure.He constitutes a finance commission after every five years or on the demand of the revenues between the centre and the states.
Judical Powers
Article 72 confers on the President power to grant pardons, reprieves, respites or remissions of punishment,or to commute the sentence of any person convinced of an offence.In all cases where the punishment or sentence is by a court martial; in all cases where the punishment or sentence is for and offence against a Union law; and in all cases where the sentence is a sentence of death.The president is not answerable to any court of law for exercise of his/she power (however He can be subjected to impeachment by the parliament).
Military Powers
Article 53(2) lays down that “the supreme command of the Defence force of te Union shall be vested in the President and the exercise thereof shall be regulated by law”.The president is thus declared to be the supreme commander of the defence Force of the country.In the exercise of this power,it is the President,who can declare war against a country and make peace.
Diplomatic Powers
The president appoints Indian diplomats to other countries and receives foreign diplomats posted to India.The ambassador designate becomes ambassador after calling on the president and presenting his credentials.All treaties and agreements with foreign states are entered into,in the name of the President.
Emergency Powers
• The president has been empowered by the constitution to proclaim Emergency.They are follows: Article 352 confers power on the President to make a proclamation of Emergency on the grounds of war, external aggression,or armed rebellion.This is known as National Emergency.
• Article 356 confers power on the President to make a proclamation of state Emergency by declaring that the Government in a state cannot be run on in accordance of the provisions of the constitution.
•Under Article 360, the President is vested with the power to proclaim Financial Emergency,if he is satisfied that the financial stability or,the credit of India or any part of India is threatened,by any reason.
Removal of the President
The president shall hold office for a term of five years from the date in which He enters the office.The President any by writing under his hand addressed to the Vice – President,resign his office.The president may,for violation of the Constitution,be removed from office by impeachment in the manner provided in Article 61; The Impeachment action can be brought about in the form of resolution in either House of the Parliament.It must be supported by not less than one – Fourth of the total strength of the House for its introduction.The President shall, in spite its introduction.The President shall, continue to hold office until his successor enters upon his office.
Privileges of the President
According to Article 361(1) the president,or the Governor of a state,shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
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