Hello aspirants, and welcome back!
Our journey through the Indian Constitution has been thorough. We've explored its creation, its philosophy (Preamble), and the delicate balance of our rights (Fundamental Rights) and duties (Fundamental Duties & DPSP). Now, it's time to ask the big question: who actually runs the country based on these constitutional rules?
Today, we begin our exploration of Part V of the Constitution: The Union Executive. This is the machinery of the central government, and we'll start right at the top with the head of the Indian State and its first citizen – The President of India.
Who is the President? The Constitutional Head
In India's parliamentary system, the President is the nominal (de jure) head of the state. The real, day-to-day power is exercised by the Prime Minister and the Council of Ministers, who are the real (de facto) executive. The President's role is one of great dignity, authority, and is crucial for the functioning of our democracy.
Key Facts for Your SSC Notes: 📝
Articles: Articles 52 to 78 in Part V of the Constitution deal with the Union Executive.
Head of State: The President is the formal head of the executive, legislature, and judiciary of India.
Supreme Commander: He is the supreme commander of the Indian Armed Forces.
Qualifications (Article 58): Must be a citizen of India, be at least 35 years of age, and be qualified for election as a member of the Lok Sabha.
Oath (Article 60): The oath is administered by the Chief Justice of India (CJI).
How is the President Elected?
This is a crucial topic for the exam. The President is elected indirectly, not by a direct public vote. He is elected by an Electoral College.
Who is in the Electoral College? (🔥 Exam Hotspot)
Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha).
Elected members of the Legislative Assemblies of all states.
Elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry.
Who is NOT involved? Nominated members of Parliament and members of State Legislative Councils do not participate in the presidential election.
Impeachment: The Removal of a President (Article 61)
The Constitution provides a process for the removal of the President for 'violation of the Constitution'.
Process: The impeachment process can be initiated by either House of Parliament.
Requirement: The motion must be passed by a special majority of two-thirds of the total membership of both houses.
Status: It's a quasi-judicial process. No President has ever been impeached in the history of India.
Key Powers of the President
The President holds a wide range of powers, which are frequently asked about in exams.
Legislative Powers
He summons and prorogues sessions of the Parliament and can dissolve the Lok Sabha.
A bill passed by the Parliament becomes an act only after the President gives his assent.
Ordinance-Making Power (Article 123 - ⭐ Must Remember): When Parliament is not in session, the President can issue an ordinance, which has the same force as an act of Parliament. This is a very important article to remember.
Executive Powers
All executive actions of the Government of India are formally taken in his name.
He appoints the Prime Minister, other ministers, the Attorney General of India, the Comptroller and Auditor General (CAG), Chief Election Commissioner, Governors of states, and the chairmen of the UPSC and Finance Commission.
Judicial Powers (Pardoning Power)
Article 72 (⭐ Exam Hotspot): The President has the power to grant pardons, reprieves, respites, remissions, or commute a sentence, including a death sentence. This is his most significant judicial power.
Emergency Powers
The President is empowered to declare three types of emergencies:
National Emergency (Article 352)
President's Rule in a state (Article 356)
Financial Emergency (Article 360)
The President is the symbol of the unity, integrity, and solidarity of the nation. While powerful, he acts on the advice of the Council of Ministers, which is led by the real head of the executive.
In our next post, we will delve into the powers and functions of the Prime Minister and the Council of Ministers.
Stay focused and keep learning!
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