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The President and the Vice President

Power and position of the President, Discretionary Powers of the President, The Vice-President of India etc.

The President:

  • Term: The President has been elected for a five years period. 

Election

  • No direct election was held by the people for the office of President 
  • Voters: The elected MLAs and MPs
  • Procedure: This election takes place in accordance with the principle of proportional representation with a single transferable vote 

Removal

  • The President can be removed from office only by Parliament by following the procedure for impeachment which requires a special majority
  • The one and only ground for impeachment is violation of the Constitution
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Power and position of President 

As formal Head of the government:

  • The President has a wide range of executive, legislative, judicial and emergency powers
  • In a real parliamentary system, these powers are used by the President only on the advice of the Council of Ministers
  • The Prime Minister and the Council of Ministers have huge support in the Lok Sabha and they are the real legislators or  lawmakers
  • In most cases, the President tends to follow the advice of the Council of Ministers
  • According to Article 74(1),there will be a Council of Ministers with the Prime Minister at the head to help and prompt the President who shall in the exercise of his functions, act in accordance with such advice. Provided that the President may need the Council of Ministers to reconsider such a recommendation, and the President shall act accordingly with the advice tendered after such reconsideration
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Discretionary Powers of the President 

  • Constitutionally, the President has a right to be told of all important matters and deliberations of the Council of Ministers. The Prime Minister has the responsibility to furnish all the information that the President may call for
  • The President generally writes to the Prime Minister and expresses his views on matters confronting the country

Three situations in which the President can execute the powers using his or her own discretion:

  • The President has the right to send back the advice given by the Council of Ministers and ask the Council to reconsider the decision
  • Acts on his (or her) own discretion: When the President thinks that the advice has certain flaws or legal lacunae, or it is not in the best interests of the country, the President has the right to ask the Council to reconsider the decision
  • According to a correction, it was concluded that the President can request the Council from Ministers to rethink its advice yet needs to acknowledge the reconsidered advice 
  • Veto power through which he can withhold or not agree to give assent to Bills (other than the Money Bill) passed by the Parliament
  • Every bill passed by the Parliament goes to the President for his assent to become a law
  • The President has the right to send the bill back to Parliament, asking it to reconsider. This ‘veto’ power is limited because if the Parliament passes the same bill again and sends it back to the President, then the President must give assent to that bill
  • However, there is no mention in the Constitution about the deadline within which the President has to send the bill back for reconsideration
  • “Pocket veto”: The President can just keep the bill pending with him without any deadline. It provides the President with the informal power to use the veto in a very effective way
  • Discretion arises more out of political circumstances: Formally, the President appoints the Prime Minister when a leader is supported by the majority in the Lok Sabha
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  • Sometimes after an election, no leader or an alliance has a clear majority in the Lok Sabha, or two or three leaders are claiming majority support in the House
  • In such a situation, the President must utilise his own discretion in judging who truly may have the help of the larger party or who can really shape and run the government 
  • Scope for Presidential assertiveness: When governments are unstable and coalitions occupy power

Need of the President

  • In a parliamentary system, the Council of Ministers depends on the support of the majority within the legislature. So, it may be eliminated and replaced at any time
  • Such a situation requires a Head of the state who has a fixed term and who may be empowered to appoint the Prime Minister and who may symbolise the entire country
  • When no party has a clear majority, the President has the extra responsibility of creating a choice and appointing the Prime Minister to run the government of the country

The Vice-President of India

  • Term: Elected for Five years
  • Election method: It is similar to that of the President, and the two differences are that members of State legislatures are not part of the electoral college and it consists of both elected and non elected members of the Parliament
  • Removal: The Vice President may be removed from his office by a resolution of the Rajya Sabha passed by a majority and agreed to by the Lok Sabha
  • Role: The Vice President acts as the Rajya Sabha’s ex-officio Chairman and takes over the office of the President when there is a vacancy due to death, resignation, removal by impeachment or otherwise. The Vice President acts as the President only until a new President is elected. For example, B. D. Jatti acted as President on the death of Fakhruddin Ali Ahmed until the new President was elected.

Powers Of The Vice-president

  • The Vice President  goes about as the ex-officio executive of the Rajya Sabha and his powers and capacities are like those of the speaker of the Lok Sabha
  • In case of the president’s failure to work because of any explanation or an opportunity in the workplace of the president because of any explanation, he can go about as the president. The workplace was made to keep up with progression in the Indian state, notwithstanding, this is just for a half year till the following president is chosen
  •  The Vice President, while releasing obligation as President, ought not to direct the Rajya Sabha
  • He isn’t an individual from the Rajya Sabha, he doesn’t reserve the right to cast a ballot. He can give a “making choice”

Conclusion

As the President is the chief leader of the State, he appreciates broad leader powers given to him by the Constitution of India. Every one of the leader choices are taken for the sake of the President.

He additionally has the ability to make rules for the advantageous exchange of business of the Indian Government.

The President names the Indian Prime Minister and, on the guidance of the Prime Minister, different Ministers of the Union. Aside from the Prime Minister, he likewise has the ability to choose and eliminate the accompanying established officials and the individuals from the Union Government.