Union Executive – Article 52-78 & 123 of Indian constitution
What is union executive?
Executive body is one of the important organs of our country in which they play a vital role in the execution of the laws and acts formulated by the legislative body. The part 5 of our Indian constitution deals with the ‘The Union’ of our country. The president and vice-president play an important role in executive functions of the union government whereas the executive functions of the state is vested in the hands of governor. The executive functions of president and vice-president are discussed under the article 52-78 & 123 of our Indian constitution.
President:
Article 52 states who is the president of India. Accordingly, president is
- The first citizen of our country.
- Supreme commander of the Indian Armed Forces.
- Head of the union executive.
- Represents our country in the international level.
Executive power of the president:
Article 53 of our Indian constitution deals the executive power of the president. As per this article the president plays the major role in the executive functions of the central government and his functions can be done directly or indirectly through his sub-ordinate authority. He is aided by prime minister and council of ministers while taking important decisions.
Election of president:
Article 54 deals the election of president . Accordingly, he is elected by the members of an electoral college which consists of
- The elected members of both houses of parliament and
- The elected members of the legislative assemblies of the states.
Manner of election of president:
Article 55 deals with the manner of election of president. The members of electoral college are responsible for the election of president. He is elected indirectly by the elected members of legislative assembly of each and both the houses of parliament.
He is elected through proportional representation by means of single transferrable vote by secret ballot.
Term of office of president:(article 56)
- The president shall the hold for 5 years from the date on which he holds the office.
- In case of resignation before the end of 5 years, he should give his resignation letter to the vice-president.
- He can be also removed from the office through the process of impeachment under article 61.
- He can also hold the office beyond 5 years until the new successor holds the office.
Eligibility for re-election:
According to article 57 of the Indian constitution, the president can participate in the election with no limit. There is no limitation to contest in the election.
Qualifications for election as president:
Article 58 states the qualifications of president for election. According to this, he should be the
- Citizen of India.
- He has to be completed 35 years of age
- He should be qualified for election as a member of the house of people
- He should not hold any office of profit under the government of
Conditions of president’s office:
Article 59 states certain conditions of the president’s office. Accordingly,
- He should not be a member of house of parliament or a house of legislature of any state . In case, he should resign the post before holding the office of president.
- The president is entitled for the official residence without payment of rent.
- He also entitled to emoluments, allowances and privileges as determined by the parliament by law.
- Such emoluments and allowances of the president shall not be diminished during his term of office.
Oath or affirmation by the president:
Article 60 of our Indian constitution deals with the oath of the president before holding the office. That is,
Every president and every person who is acting as president or discharging the functions of the president should take oath before entering the office in the presence of Chief Justice of India. In his absence, he should take affirmation before the senior most judge of the supreme court.
Impeachment :
Article 61 deals with the procedure for impeachment of president. Here the president is removed from the office incase if does any act which leads to the violation of the constitution.
The prior notice should be given to the president before 14 days and the resolution must be passed by majority not less than 2/3 of the total membership. It should signed by ¼ (not less than) of the total members. The resolution can be passed by any house and investigated by other house.
Filling of vacancy:
Article 62 deals with the time of holding election to fill vacancy in the office of president and the term of office of person to fill casual vacancy. As per this, the elected president can hold the office until the new president takes charge. The casual vacancy should be filled within 6 months incase of impeachment, resignation or if the election was disqualified by the supreme court.
Vice-president:
The article 63 says that “There shall be a vice president of India”. He is the second highest constitutional office after president.
Article 64 says that the vice president is the ex-officio chairman of the council of states and he should not any other office for profit. According to this, when vice-president acts as president he should not perform the duties of ex-officio chairman of the council of states and he is not entitled to any allowances , emoluments and salaries of the chairman.
When can vice-president acts as president?
Article-65 says when the vice-president can discharge the functions of president. Accordingly, the vice-president can acts a president if he,
- Resigns the post
- In case of the death or illness of president
- In the absence of president
- During casual vacancy.
Here, the vice-president has all powers and immunities of president and he his entitled to all the allowances, emoluments and privileges of the president.
Election of vice-president:
Article 66 deals with election of vice-president. He is elected in the same manner as that of president and he is eligible only if he fulfills the eligibility of the election of president.
Term of office of vice-president:
As per article 67,
- He should hold the for a term of 5 years from the date on which he enters his office. He can also hold the office beyond 5 years until his successor holds the office.
- He can also resign his post and the resignation should be addressed to the president.
- He can also be removed through the process the impeachment as that of president.
- Election to fill vacancy of vice-president:
- According to article 68- the election to fill the vacancy caused by the expiration of the term of office of vice-president should be completed before the expiration of the term.
- A vacancy can be occurred in case of his resignation, death or removed from office and the newly elected person can hold the hold the office for 5 years from date on which he enters upon his office.
Oath of vice-president:
Article-69, any person who holds the office of vice-president shall take the oath before entering the office.
Discharge of presidents functions in other contingencies:
Article 70 of Indian constitution states that
A parliament may make provision, if it thinks fit for any other contingency to discharge the functions of president, not provided for in this chapter.
Election of president or vice-president:
Article 71 deals with the matters relating to, or connected with the election of president and vice-president.
- If any disputes arises in the election of president, the decision of the supreme court is final.
- Even if the election of president or vice-president is declared void by the supreme court, acts done by him before the date of decision of the supreme court shall not be invalid.
Powers of president:
- Article 72 deals power of president to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. According to this
- The president has the power to grant pardon to all convictions and he can completely disqualify the punishments/ sentences.
- He has the power to commute the punishment that is, he can substitute one punishment to another.
- He also has the power to give remission that is he can reduce term of the same punishment. Example, from 10 years to 5 years.
- He has the power to respite i.e. reducing sentences for special reasons such as pregnancy, disability.
- He also has the power to reprieve e. temporary stoppage of punishment for taking decisions on pardon.
Article 73 of our Indian constitution deals with the extent to which the union has the executive power. As per the executive power extend to the matters with respect to which parliament has power to make laws and to exercise such rights by the government of India.
According to article 74 the prime minister and his council of ministers should aid and advise the president in order to exercise his functions
Article 75- Other provisions s to ministers. As per this article
- The president appoints the prime minister and council of ministers on the advice of prime minister.
- The ministers should hold the office during the pleasure of president and they are responsible to the house of the people.
- A minister who fails to be a member of either of for 6 consecutive months shall ceased to be a minister
- The salaries and allowances of the ministers are determined by the parliament from time to time.
Attorney general:
Article 76- attorney general of India.
- A person who is qualified to be the judge of SC can be appointed as the attorney general of India by the president.
- The duty of the attorney general is to give advice to the government of India on legal matters.
- He should discharge his duties as conferred by the constitution or any law being in force at that time.
- He also have the right of audience in all courts in the territory of India while performing his duties
- He shall hold the office during the pleasure of president and receive remuneration as determined by president.
Conduct of business:
Article 77- conduct of business of the Government of India. As per this article, All executive functions of the government are expressed in the name of president.
- Orders and others instruments is made and executed in the name of president and its validity cannot be questioned on that ground that it is not an order or instrument made or executed by the president.
- The president shall make rules for convenient transaction of the business of government of India and for the allocation among ministers for said business.
Duties of prime minister:
Article 78 deals with the duties of prime minister as respects the furnishing of information of president, etc.
The prime minister has the duty to communicate and furnish the decisions of the council of ministers related to the affairs of the administration and proposals of legislations to the president.
Power to make ordinances:
Article 123- power of president to promulgate ordinances during recess of parliament. As per this article, the president has the power to make ordinances. In the absence of 2 houses of the in houses in session the president can make ordinance and it has the same power as enacted by parliament.
- It becomes law only after it is approved by both the houses of parliament within six weeks after the commence of parliament.
- If it is not accepted means then it becomes invalid. Hence the validity of an ordinance is only 6 months and 6 weeks until it is accepted by the parliament.
Author: sathiya v,
Dr.Ambedkar Law university, chennai