EXECUTIVE (union executive) Srishti Srivastava
Executive . The Union executive consists of: . the President * the Vice-President the Council of Ministers with the Prime Minister as the head to aid and advise the President. Article 52 to 78 in Partv
The organ of a government that primarily looks after the function of implementation and administration is known the Executive. accountable for the implementation of laws and policies legislated by the legislature
In the Parliamentary form of executive, as in India ,the Prime Minister is the head of the government and the head of the State is President (Parliamentary Republic, e.g. India) Article 74 (1) -"there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall in the exercise of his functions, act in accordance with such advice.
The President is the formal head of the government. The Prime Minister and the Council of Ministers have support of the majority in the Lok Sabha and they are the real executive.
President The President of India is the head of the State. He exercises only nominal powers. The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation, by means of single transferable vote.
Qualifications: The qualifications for the office of President are: (i)should be a citizen of India; (ii)should have completed the age of 35 years; (ii)should be qualified to be elected as a member of Lok Sabha (iv)should not hold any office of profit i.e. the candidate should not be a government servant. However the office of the President, the Vice-President, the Governor or the Minister of the Union or the State is not considered as an office of profit for this purpose
Election Procedure The President is elected by an Electoral College Nominated members of Parliament and members of State Legislative Councils are not members of the Electoral College. The election is held by means of single transferable vote system of proportional representation. The voting is done by secret ballot
this is a system to determine the value of vote of each member of Parliament and Legislative Assembly so as to ensure equality. The value of vote of each member of Legislative Assembly of a state- (Total population of the State/ Number of elected members of State Legislative Assembly)*(1/1000)
. The value of each vote of a Member of Parliament- determined by adding all the votes of members of the State Legislative Assemblies including the Legislative Assemblies of Union Territory of Delhi and Pondichery divided by total member of elected members of Lok Sabha and Rajya Sabha
Single Transferable Vote System: The election of the President is held through single transferable vote system of proportional representation. Under this system names of all the candidates are listed on the ballot paper and the elector gives them numbers according to his/her preference Every voter may mark on the ballot paper as many preferences as there are candidates. Thus the elector shall place the figure 1 opposite the name of the candidate whom he/she chooses for first preference and may mark as many preferences as he/she wishes by putting the figures 2,3,4 and so on against the names of other candidates The ballot becomes invalid if first preference is marked against more than one candidate or if the first preference is not marked at all
If after counting, a candidate reaches quota, he/she is declared elected as the President. In case no candidate reaches quota, even at this stage, then the votes of next candidate getting the least number of votes are transferred to the others. It continues till any one candidate gets the quota of votes.
Privileges and Immunities 1.- The President is not answerable to any court of law for the exercise of his functions 2.-The President can neither be arrested nor any criminal proceedings be instituted against him in any court of law during his tenure 3- The President cannot be asked to be present in any court of law during his tenure 4- A prior notice of two months time is to be served before instituting a civil case against him
IMPEACHMENT An impeachment is a quasi-judicial procedure leading to the removal of a high public official, say the President as in India, on the grounds of the violation of the Constitution
Removal of the President . The Constitution lays down a detailed procedure for the impeachment of the President. He can only be impeached 'for violation of the Constitution'. The following procedure is intentionally kept very difficult so that no President should be removed on flimsy ground.
Financial Powers: No money bill can be introduced in Parliament without the recommendations of the President. According to the Constitution of India, the Annual Financial Statement is placed by the President before both the Houses of Parliament. I hisS statement shows the estimates of revenue and expenditure of the central Government for the next year. . It may be pointed out that the proposal for taxation and expenditure cannot be made without the approval of the President.
Emergency Powers: The President of India exercises extra-ordinary powers in times of emergency. The three kind of Emergency situations are: Emergency due to armed rebellion or external aggression; Emergency arising from the breakdown of constitutional machinery in a State; . Financial Emergency.
. Proclamation of National Emergency by the President of India Failure of State Constitutional Machinery . Proclamation of Financial Emergency by the President
The President alone can remove the Council of Ministers, the Governors of States and the Attorney- General for India. * The President of India is Supreme Commander-in- Chief of the Army, Navy and the Air Force of the Union. He has the power to declare war. The President also enjoys the diplomatic power. He also receives the credential letters of the diplomatic representatives of other States. . The President represents India in international affairs. He has the power to conclude treaties with foreign States.
The President does not possess this veto in the case of Money bills * The President can either give his assent to a money bill or withhold his assent to a money bill but cannot return it for reconsideration of the Parliament. Normally, the president gives his assent to the money bill as it is introduced in the Parliament with his previous permission
It should be noted here that the President has no veto power in respect of a Constitutional Amendment Bill. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.
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