A rticles 52 to 78 in Part V of the Constitution deal with the Union executive .

The Union executive consists of the Presi-dent, the Vice-President, the Prie
!inister, the council of inisters and the attorne" #eneral of $ndia.
The President is elected not directl" %" the &eo&le %ut %" e%ers of 'lectoral
Colle#e consistin# of(
). the elected e%ers of %oth the *ouses of Parliaent+
2. the elected e%ers of the le#islative asse%lies of the states+ and
,. the elected e%ers of the le#islative asse%lies of the Union Territories of
-elhi and Puducherr".
Thus, the noinated e%ers of %oth of *ouses of Parliaent, the noinated
e%ers of the state le#islative asse%lies, the e%ers .%oth elected and
noinated/ of the state le#islative councils .in case of the %icaeral le#islature/
and the noinated e%ers of the 0e#islative Asse%lies of -elhi and
Puducherr" do not &artici&ate in the election of the President.
1here an asse%l" is dissolved, the e%ers cease to %e 2ualified to vote in
&residential election, even if fresh elections to the dissolved asse%l" are not held
%efore the &residential election.
All dou%ts and dis&utes in connection with election of the President are
in2uired into and decided %" the 3u&ree Court whose decision is final.
$f the election of a &erson as President is declared void %" the 3u&ree Court,
acts done %" hi %efore the date of such declaration of the 3u&ree Court
are not invalidated and continue to reain in force .
Qualifications for Election as President-
*e should %e a citi4en of $ndia, should have co&leted ,5 "ears of a#e,
should %e 2ualified for election as a e%er of the 0o5 3a%ha, should not
hold an" office of &rofit.
The oath of office to the President is sworn by the Chief Justice of India and
in his a%sence, the senior ost 6ud#e of the 3u&ree Court availa%le.
Conditions of Presidents Office-
*e should not %e a e%er of either *ouse of Parliaent or a *ouse of the
state le#islature. $f an" such &erson is elected as President, he is deeed to
have vacated his seat in that *ouse on the date on which he enters u&on his
office as President
*e en6o"s &ersonal iunit" fro le#al lia%ilit" for his official acts. -urin#
his ter of office, he is iune fro an" criinal &roceedin#s, even in
res&ect of his &ersonal acts.
*e cannot %e arrested or i&risoned. *owever, after #ivin# two onths7
notice, civil &roceedin#s can %e instituted a#ainst hi durin# his ter of
office in res&ect of his &ersonal acts.
The President can hold office %e"ond his ter of five "ears until his successor
assues char#e. *e is also eli#i%le for re-election to that office. *e a" %e elected
for an" nu%er of ters.
Impeachment of President-
The President can %e reoved fro office %" a &rocess of i&eachent for
8violation of the Constitution7.
The i&eachent char#es can %e initiated %" either *ouse of Parliaent
These char#es should %e si#ned %" one-fourth e%ers of the *ouse .that
fraed the char#es/, and a )9 da"s7 notice should %e #iven to the President.
$f %oth the houses &asses the resolution %" two third a6orit" then the
President stands reoved fro his office fro the date on which the %ill is
3o &assed.
Thus, an i&eachent is a 2uasi-6udicial &rocedure in the Parliaent. $n this
context, two thin#s should %e noted( (a) the noinated e%ers of either
*ouse of Parliaent can &artici&ate in the i&eachent of the President
thou#h the" do not &artici&ate in his election+
(b) the elected e%ers of the le#islative asse%lies of states and the Union
Territories of -elhi and Puducherr" do not &artici&ate in the i&eachent of
the President thou#h the" &artici&ate in his election.
$f the office falls vacant %" resi#nation, reoval, death or otherwise, then
election to fill the vacanc" should %e held within six onths fro the date of
the occurrence of such a vacanc".
1hen a vacanc" occurs in the office of the President due to his resi#nation,
reoval, death or otherwise, the Vice-President acts as the President until a
new President is elected.
$n case the office of Vice-President is vacant, the Chief :ustice of $ndia .or if
his office is also vacant, the seniorost 6ud#e of the 3u&ree Court
availa%le/ acts as the President.
P OWERS AND !NC"IONS O "#E P RESIDEN"-
E$ecuti%e Po&ers-
*e a5e various a&&ointents such as the attorne" #eneral of $ndia and
deterines his reuneration.
*e a&&oints the co&troller and auditor #eneral of $ndia, the chief election
co-issioner and other election coission-ers, the chairan and
e%ers of the Union Pu%lic 3ervice Coission, the #overnors of states,
the chairan and e%ers of finance coission, and so on.
*e can re2uire the Prie !inister to su%it, for consideration of the council
of inisters, an" atter on which a decision has %een ta5en %" a inister %ut,
which has not %een considered %" the council.
*e can a&&oint a coission to investi#ate into the conditions of 3Cs, 3Ts
and other %ac5ward classes.
*e can declare an" area as scheduled area and has &owers with res&ect to the
adinistration of scheduled areas and tri%al areas.
*e can a&&oint an inter-state council to &roote Centre;state and inter-state
coo&eration
'e(islati%e Po&ers-
*e noinates )2 e%ers of the <a6"a 3a%ha fro aon#st &ersons havin#
s&ecial 5nowled#e or &ractical ex&erience in literature, science, art and social
service.
*e can noinate two e%ers to the 0o5 3a%ha fro the An#lo-$ndian
Counit"
*is &rior recoendation or &erission is needed to introduce certain t"&es
of %ills in the Parliaent. =or exa&le, a %ill involvin# ex&enditure fro the
Consolidated =und of $ndia, or a %ill for the alteration of %oundaries of states
or creation of a new state.
1hen a %ill is sent to the President after it has %een &assed %" the Parliaent,
he can(
.i/ #ive his assent to the %ill, or
.ii/ withhold his assent to the %ill, or
.iii/ return the %ill .if it is not a one" %ill/ for reconsideration of the
Parliaent.
*owever, if the %ill is &assed a#ain %" the Parliaent, with or without
aendents, the President has to #ive his assent to the %ill.
1hen a %ill &assed %" a state le#islature is reserved %" the #overnor for
consideration of the President, the President can(
.i/ #ive his assent to the %ill, or
.ii/ withhold his assent to the %ill, or
.iii/ direct the #overnor to return the %ill .if it is not a one" %ill/ for
reconsideration of the state le#is lature. $t should %e noted here that it is not
necessar" for the President to #ive his assent even if the %ill is a#ain &assed
%" the state le#islature and sent a#ain to hi for his consideration.
*e can &roul#ate ordinances when the Parliaent is not in session. These
ordinances ust %e a&&roved %" the Parliaent within six wee5s fro its
reasse%l". *e can also withdraw an ordinance at an" tie.
inancial Po&ers
The financial &owers and functions of the President are(
.a/ !one" %ills can %e introduced in the Parliaent onl" with his &rior
recoendation.
.%/ *e causes to %e laid %efore the Parliaent the annual financial stateent
.ie, the Union >ud#et/.
.c/ ?o deand for a #rant can %e ade exce&t on his recoendation.
.d/ *e can a5e advances out of the contin#enc" fund of $ndia to eet an"
unforeseen ex&enditure.
.e/ *e constitutes a finance coission after ever" five "ears to recoend
the distri%ution of revenues %etween the Centre and the states.
)udicial Po&ers-
*e a&&oints the Chief :ustice and the 6ud#es of 3u&ree Court and hi#h
courts. *e see5s advice fro the %ut not %ide to follow the advice #iven %"
the.
*e can #rant &ardon, re&rieve, res&ite and reission of &unishent, or
sus&end, reit or coute the sentence of an" &erson convicted of an"
offence.
*e re&resents $ndia in international forus and affairs and sends and receives
di&loats li5e a%assadors, hi#h coissioners.
*e is the su&ree coander of the defence forces of $ndia
Emer(enc* Po&ers-
President to deal with the followin# three t"&es of eer#encies(
.a/ ?ational 'er#enc" .Article ,52/+
.%/ President7s <ule .Article ,5@ A ,@5/+ .c/ =inancial 'er#enc" .Article ,@B/
+ E"O P OWER O "#E P RESIDEN" -
The veto &ower en6o"ed %" the executive in odern states can %e classified
into the followin# four
t"&es(
). A%solute veto, that is, withholdin# of assent to the %ill &assed %" the
le#islature.
2. Cualified veto, which can %e overridden %" the le#islature with a hi#her
a6orit". There is no 2ualified veto in the case of $ndian President
,. 3us&ensive veto, which can %e over ridden %" the le#islature with an
ordinar" a6orit".
9. Poc5et veto, that is, ta5in# no action on the %ill &assed %" the le#islature
A,solute +eto-
$t refers to the &ower of the President to withhold his assent to a %ill &assed
%" the Parliaent. The %ill then ends and does not %ecoe an act. This veto is
exercised in the followin# two cases-
)/%ills introduced %" an" e%er of Parliaent who is not a inister
2/ 1ith res&ect to the #overnent %ills when the ca%inet resi#ns .after the
&assa#e of the %ills %ut %efore the assent %" the President/ and the new
ca%inet advises the President not to #ive his assent to such %ills.
Qualified veto , which can %e overridden %" the le#islature with a hi#her
a6orit". There is no 2ualified veto in the case of $ndian President
Suspensi%e +eto-
The President exercises this veto when he returns a %ill for reconsideration of the
Parliaent. $f the %ill is &assed a#ain %" the Parliaent with or without
aendents and a#ain &resented to the President, it is o%li#ator" for the President
to #ive his assent to the %ill.
As entioned earlier, the President does not &ossess this veto in the case of one"
%ills. The President can either #ive his assent to a one" %ill or withhold his assent
to a one" %ill %ut cannot return it for the reconsideration of the Parliaent.
Poc-et +eto-
$n this case, the President neither ratifies nor re6ects nor returns the %ill, %ut si&l"
5ee&s the %ill &endin# for an indefinite &eriod.
$t should %e noted here that the President has no veto &ower in res&ect of a
constitutional aendent %ill. The 29th Constitutional Aendent Act of )D7)
ade it o%li#ator" for the President to #ive his assent to a constitutional
aendent %ill.
Presidential +eto o%er State 'e(islation-
The President has veto &ower with res&ect to state le#islation also. A %ill
&assed %" a state le#islature can %ecoe an act onl" if it receives the assent of
the #overnor or the President .in case the %ill is reserved for the consideration
of the President/.
1hen a %ill, &assed %" a state le#islature, is &resented to the #overnor for his
assent, he has four alternatives .under Article 2BB of the Constitution/(
). *e a" #ive his assent to the %ill, or
2. *e a" withhold his assent to the %ill, or
,. *e a" return the %ill .if it is not a one" %ill/ for reconsideration of the
state le#islature, or
9. *e a" reserve the %ill for the consideration of the President.
"a,le ./01 Veto Power of the President At a Glance
O RDINANCE-2A3IN4 P OWER O "#E P RESIDEN"-
Article )2, of the Constitution e&owers the President to &roul#ate
ordinances durin# the recess of Parliaent. The ordinance-a5in# &ower is
the ost i&ortant le#islative &ower of the President.
*e can &roul#ate an ordinance onl" when %oth the *ouses of Parliaent
are not in session or when either of the two *ouses of Parliaent is not in
session. An ordinance ade when %oth the *ouses are in session is void.
*e can a5e an ordinance onl" when he is satisfied that the circustances exist
that render it necessar" for hi to ta5e iediate action
The ,8th Constitutional Aendent Act of )D75 ade the President7s
satisfaction final and conclusive and %e"ond 6udicial review. >ut, this
&rovision was deleted %" the 99th Constitutional Aendent Act of )D78.
Thus, the President7s satisfaction is 6ustifia%le on the #round of alafide.
An ordinance can %e issued onl" on those su%6ects on which the Parliaent can
a5e laws.
An ordinance cannot a%rid#e or ta5e awa" an" of the fundaental ri#hts.
'ver" ordinance issued %" the President durin# the recess of Parliaent ust
%e laid %efore %oth the *ouses of Parliaent when it reasse%les. $f the
ordinance is a&&roved %" %oth the *ouses, it %ecoes an act. $f Parliaent
ta5es no action at all, the ordinance ceases to o&erate on the ex&ir" of six
wee5s fro the reasse%l" of Parliaent.
$t ust %e clarified here that the ordinance-a5in# &ower of the President has
no necessar" connection with the national eer#enc" envisa#ed in Article
,52. The President can issue an ordinance even when there is no war or
external a##ression or ared re%ellion.
PARDONIN4 POWER O "#E PRESIDEN"
Article 72 of the Constitution e&owers the President to #rant &ardons to
&ersons who have %een tried and convicted of an" offence in all cases where
the(
). Punishent or sentence is for an offence a#ainst a Union 0aw+
2. Punishent or sentence is %" a court artial .ilitar" court/+ and
,. 3entence is a sentence of death.
Under Article )@) of the Constitution, the #overnor of a state also &ossesses
the &ardonin# &ower. >ut, the &ardonin# &ower of the #overnor differs fro
that of the President in followin# two res&ects(
). The President can &ardon sentences inflicted %" court artial .ilitar"
courts/ while the #overnor cannot.
2. The President can &ardon death sentence while #overnor cannot.
CONS"I"!"IONA' POSI"ION O "#E PRESIDEN"
$n estiatin# the constitutional &osition of the President, &articular reference
has to %e ade to the &rovisions of Articles 5,, 79 and 75. These are(
). The executive &ower of the Union shall %e vested in President and shall %e
exercised %" hi either directl" or throu#h officers su%ordinate to hi in
accordance with this Constitution.Article 5,/.
2. There shall %e a council of inisters with the Prie !inister at the head to
aid and advise the President who 8shall7, in the exercise of his functions, act
in accordance with such advice .Article 79/.
,. The council of inisters shall %e collectivel" res&onsi%le to the 0o5 3a%ha
.Article 75/. This &rovision is the foundation of the &arliaentar" s"ste of
#overnent.