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Summary
The chapter discusses the roles, powers, and functions of the President and Vice-President of India. The President is the head of the state and the supreme commander of the armed forces. He or she is elected indirectly by an Electoral College consisting of the elected members of both houses of Parliament and the legislative assemblies of the states and union territories. The President’s powers are exercised on the advice of the Prime Minister and the Council of Ministers, although there are some discretionary powers.
The President has various powers, including executive, legislative, financial, judicial, and emergency powers. The executive powers include making key appointments, such as the Prime Minister, judges, and governors. The legislative powers involve summoning and proroguing Parliament, addressing its sessions, and giving assent to bills. The President can also issue ordinances when Parliament is not in session. Financially, the President is responsible for presenting the annual budget and authorizing the withdrawal of funds. Judicially, the President can grant pardons and commute sentences. The emergency powers allow the President to declare a national, state, or financial emergency under specific circumstances.
The Vice-President of India is elected by the members of both houses of Parliament. He or she acts as the ex-officio Chairman of the Rajya Sabha and assumes the duties of the President in case of the President’s death, resignation, or inability to perform duties. The Vice-President’s term is five years, and he or she can be removed by a resolution of the Rajya Sabha, agreed upon by the Lok Sabha. The Vice-President does not receive a salary for being Vice-President but is compensated as the Chairman of the Rajya Sabha.
Video tutorial
Textbook (Total History) solutions
Multiple-Choice Questions
1. Who is the head of the state of the Indian Union?
A. The Prime Minister
B. The President
C. The Chief Justice
D. The Speaker
Answer: B. The President
2. Who is the Supreme commander of the Defence Forces of India?
A. The President
B. The Defence Minister
C. The Prime Minister
D. The Commanding Minister
Answer: A. The President
3. Which of the following statements about the President of India are correct?
P: The President is the supreme commander of the Defence Forces.
Q: The President exercises all his powers according to his own discretion.
R: The President exercises his powers on the advice of the Prime Minister.
S: The executive power of the Indian Union is vested in the Parliament.
A. P and Q
B. P and R
C. P and S
D. S and R
Answer: B. P and R
4. Identify the qualifications necessary for a person to be eligible for election as President of India.
P: He has completed the age of twenty-five years.
Q: He is qualified for election as a member of the Lok Sabha.
R: He is a citizen of India.
S: He is a member of a Political Party.
A. Q and R
B. P and R
C. S and R
D. P and Q
Answer: A. Q and R
5. Identify the officials who form the electoral college for the election of President of India.
P: The elected members of both Houses of Parliament.
Q: The elected members of the Legislative Assemblies of the States.
R: Nominated members of Parliament.
S: Nominated members of Legislative Assemblies.
A. P and Q
B. P and S
C. Q and R
D. R and S
Answer: A. P and Q
6. What is the minimum age to be elected as the President of India?
A. Thirty years
B. Thirty-two years
C. Thirty-five years
D. Forty years
Answer: C. Thirty-five years
7. Name the President of India.
A. Ram Nath Kovind
B. Narendra Modi
C. Droupadi Murmu
D. Yashwant Sinha
Answer: C. Droupadi Murmu
8. Which of the following statements about the President of India are correct?
P: The President of India holds office for a term of six years.
Q: The President of India may submit his resignation to the Vice-President of India.
R: The President of India can be removed from office for the violation of the Constitution.
S: The President of India has the power of selecting the Council of Ministers.
A. P and S
B. Q and S
C. Q and R
D. Q and P
Answer: C. Q and R
9. Identify the Legislative Powers of the President of India.
P: The President summons and prorogues the Houses of Parliament.
Q: The President can dissolve the Lok Sabha and order fresh elections.
R: The President can nominate two members from the Anglo-Indian Community to the Lok Sabha.
S: The President appoints the Governors of the States.
A. P and R
B. R and S
C. Q and S
D. P and Q
Answer: D. P and Q
10. Identify the Emergency Powers of the President of India.
P: The President can proclaim National Emergency if there is a natural calamity.
Q: The President can proclaim National Emergency if an epidemic breaks out.
R: The President can proclaim National Emergency if there is a danger of foreign aggression, civil war, insurgency or any other cause.
S: The President can proclaim Financial Emergency if there is a setback to the financial stability of the country.
A. P and S
B. R and S
C. R and Q
D. P and R
Answer: B. R and S
11. The power to summon Parliament is subject to the condition that there should not be a gap of more than ____ months between two sessions of each house.
A. Four
B. Six
C. Three
D. Nine
Answer: B. Six
12. For how long can President’s rule be imposed in a state?
A. 1 month
B. 2 months
C. 6 months
D. 3 months
Answer: C. 6 months
13. Which article stipulates that there shall be a Vice President of India?
A. Article 12
B. Article 62
C. Article 63
D. Article 65
Answer: C. Article 63
14. Who administers the oath of office to the President of India?
A. Comptroller and Auditor General of India
B. Prime Minister of India
C. Chief Justice of India
D. Judge of the Supreme Court
Answer: C. Chief Justice of India
15. Identify the officials who form the electoral college for the election of the Vice-President of India.
P: Members of Lok Sabha.
Q: Members of Legislative Assemblies of States.
R: Members of Legislative Councils of States.
S: Members of Rajya Sabha.
A. P and S
B. P and Q
C. R and S
D. Q and S
Answer: A. P and S
16. Which of the following statements about the Vice-President of India are correct?
P: He is the ex-officio Chairman of the Lok Sabha.
Q: He holds office for a term of five years.
R: He can be removed as the Vice-President by the process of impeachment.
S: He gets a salary as the Vice-President of India.
A. P and Q
B. Q and S
C. R and S
D. Q and R
Answer: D. Q and R
Short Answer Questions
1. Name the body as well as the process involved in the election of the President.
Answer: The President is elected indirectly by the members of an Electoral College consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States including National Capital Territory of Delhi and the Union Territory of Puducherry. The election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election is by secret ballot.
2. Why is the President elected by indirect elections?
Answer: The President is elected by indirect elections because if the President were to be elected directly by the people, he could become a rival centre of power to the Council of Ministers. This would be against the parliamentary system with ministerial responsibility. Additionally, election of the President merely by a majority of members of the Union Parliament could make him a nominee of the ruling party like the Prime Minister. Such a President could not represent the constituent States of the Union. An Electoral College makes the President the elected representative of the whole nation with a clear voice given to the States as well.
3. How can the President vacate his/her office? On what grounds can the President of India be removed from office?
Answer: The President may vacate his/her office by submitting a resignation letter to the Vice-President. The President can be removed from office for the violation of the Constitution by the process of impeachment.
4. Mention the occasion when the President addresses both the Houses of Parliament assembled together.
Answer: The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year.
5. How is the Vice-President elected?
Answer: The Vice-President is elected by an Electoral College consisting of the members of both Houses of Parliament. The election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election is by secret ballot.
6. How long can the Vice-President continue to hold office even after the expiry of his/her term? How can the Vice-President be removed from office?
Answer: The Vice-President shall continue to hold office, notwithstanding the expiry of his/her term, until his/her successor enters upon his/her office. The Vice-President can be removed from office by a resolution of the Rajya Sabha passed by a majority of its members and agreed upon by the Lok Sabha.
7. State the power of Vice-President as the ex-officio Chairman of the Rajya Sabha.
Answer: The Vice-President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha. In this capacity, he/she regulates debates and proceedings of the House and decides the order of speeches. He/She decides the admissibility of a resolution or of questions. He/She may suspend or adjourn the business of the House in case of grave disorder. He/She issues directions to the chairmen of various committees in all matters relating to their working.
Structured Questions
1. The President of India enjoys vast powers. In this context, briefly explain:
(a) Any three of his/her Executive Powers.
Answer:
- Head of the Union Administration: All executive orders are issued in the name of the President. All the Union officials are his subordinates.
- Appointment of officials of the State: The President makes appointments to key posts to run the government’s administration. He/She appoints:(a) The Prime Minister, and the Council of Ministers on the Prime Minister’s advice. He/She summons the leader of the majority group in the Parliament and asks him/her to form the Government.(b) The Chief Justice and the Judges of the Supreme Court and the High Courts.(c) The Governors of the States.
- Control over State Governments: The Union Government may give necessary directions to a State. During President’s rule the control of the Union Government over States is complete.
(b) Any three of his/her Legislative Powers.
Answer:
- Addresses Sessions of Parliament: The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year. In this address he/she lays emphasis on the internal and external policies of the Government. The President has the power to address either House of Parliament or their joint sitting at any time.
- Summon and Prorogue the Houses: The President has the power to summon and prorogue the Houses of Parliament. The power to summon Parliament is subject to the condition that there should not be a gap of more than six months between two sessions of each House.
- Dissolve the Lok Sabha: He/She can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.
(c) Any two of his/her Judicial Powers.
Answer:
- The President is not answerable before any Court of law for the exercise of the powers and duties of his/her office.
- The President has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted for an offence:(a) in all cases where the punishment or sentence is by a Court Martial;(b) in all cases where the punishment or sentence is for an offence against any law relating to Union and Concurrent Lists;(c) in all cases where there is a death sentence.
2. According to Dr. Ambedkar, “The President represents the nation but does not rule the nation.” In this context answer the following questions:
(a) The President of India is referred to as a nominal head of the State. State two examples of his legislative powers that suggest his nominal status.
Answer:
- The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year.
- The President has the power to summon and prorogue the Houses of Parliament. The power to summon Parliament is subject to the condition that there should not be a gap of more than six months between two sessions of each House.
(b) Mention the circumstances when the President can declare a national emergency.
Answer: The President can proclaim a National Emergency when there is a danger of foreign aggression or danger to the peace and security of the country because of a civil war, insurgency or any other such cause.
(c) Explain two discretionary Powers of the President.
Answer:
- Appointment of the Prime Minister in a situation where no single party commands the clear support of the majority of the Lok Sabha members and there is a hung Parliament.
- The President can dismiss Ministers in case the Council of Ministers loses the confidence of the House but refuses to resign.
3. The President may declare an emergency in a State, if he/she is convinced of the breakdown of constitutional machinery in the State. In this context, answer the following questions:
(a) When can such an emergency be proclaimed? Why is such an emergency often referred to as President’s Rule?
Answer: Such an emergency can be proclaimed if the President, on receipt of a report from the Governor or otherwise, is satisfied that the governance of a State cannot be carried on in accordance with the provisions of the Constitution. This is called President’s rule because the President may assume to himself all or any of the functions of the Government of the State.
(b) What is the duration of such an emergency? State two conditions under which such an emergency can be extended beyond one year.
Answer: The duration of such an emergency is two months. If it were to continue beyond two months, it should be ratified by the Parliament. It can, however, be extended beyond one year under two conditions:
- When a Proclamation of Emergency is in operation in the whole of India or in any part of the State.
- The Election Commission certifies that holding elections to the Legislative Assembly of the State is difficult.
(c) State the effect of the emergency on the administration of the State.
Answer:
- The State administration is directly placed under the President (i.e. the Union Government). The Governor of the concerned State acts in accordance with the instructions that are issued by the Union Government from time to time.
- The President may:(i) dissolve the Vidhan Sabha of the State and dismiss the Council of Ministers; or(ii) keep the Assembly and the Council of Ministers in suspended animation.
In both cases, the Union Parliament can pass laws, even on all the Subjects of the State List, for that particular State. Even the Annual Budget of that State is presented to and passed by the Parliament.
4. According to Article 63 of our Constitution “There shall be a Vice-President of India”. In this context, state
(a) the manner of his/her election;
Answer: An Electoral College consisting of the members of both Houses of Parliament elects the Vice-President. The election is held in accordance with the system of proportional representation by means of the single transferable vote. The voting at such an election is by secret ballot. Each nomination paper should be proposed by at least twenty electors (MPs) and another twenty electors should second the same.
(b) any three qualifications for election;
Answer:
- A person shall be eligible for election as Vice-President, if he/she:(a) is a citizen of India;(b) has completed the age of thirty-five years; and(c) is qualified for election as a member of the Council of States.
- A person shall not be eligible for election as Vice-President if he/she holds any office of profit under the Government of India or Government of any State or under any local or other authority subject to the control of any of the said Governments.
(c) two of his/her important powers.
Answer:
- Chairman of the Rajya Sabha: The Vice-President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha. In this capacity he/she regulates debates and proceedings of the House and decides the order of speeches. He/She decides the admissibility of a resolution or of questions. He/She may suspend or adjourn the business of the House in case of grave disorder. He/She issues directions to the chairmen of various committees in all matters relating to their working.
- Taking over as the President: The Vice-President takes over the office of the President under the following situations:(a) death of the President,(b) resignation of the President,(c) removal of the President, or(d) when the President is unable to discharge his/her functions owing to absence, illness or any other cause.
Picture Study
(a) Identify the building in the picture and state where it is located. Whose official residence is it?
Answer: The building in the picture is Rashtrapati Bhavan. It is located in New Delhi. It is the official residence of the President of India.
(b) State the qualifications necessary to become the President of India.
Answer:
- A person shall be eligible for election as President if he/she: (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Lok Sabha.
- A person shall not be eligible for election as President if he holds any office of profit under the Government of India or Government of any State or under any local or other authority subject to the control of any of the said Governments. However, a person is not deemed to hold an office of profit by reason only that he is President or Vice-President or a Minister either for the Union or for any State.
(c) Why is it said that the President of India is only a nominal head?
Answer: The President of India is referred to as a nominal head because he/she exercises his/her powers on the advice of the Prime Minister and the Council of Ministers. The President is bound to act according to their advice and cannot exercise any independent power.
Thinking Skills
1. Suppose you have a penfriend who lives in Los Angeles in the USA. He/She wants to know the difference in powers of the Presidents of India and the USA. Tell him/her the differences and also who has more powers.
Answer: The President of the USA is both the Head of the State and the Head of the Government, whereas the President of India is only the Head of the State. The President of the USA has real powers and exercises them directly. He is the Chief Executive and Commander-in-Chief of the Armed Forces. The President of India, on the other hand, exercises his powers only on the advice of the Prime Minister and the Council of Ministers. Thus, the President of the USA has more powers compared to the President of India.
2. Suppose riots break out in your State and there is a breakdown of law and order. What will the Governor of your State do and what will be its consequences?
Answer: If riots break out in my State and there is a breakdown of law and order, the Governor will send a report to the President about the situation. If the President is satisfied that the governance of the State cannot be carried on in accordance with the provisions of the Constitution, he/she may declare a state of emergency in the State. The consequence of this is that the President may assume all the functions of the State Government, and the State will be under President’s Rule. The Legislative Assembly of the State may be dissolved or kept in suspended animation, and the Union Parliament can make laws for the State.
Extra/additional MCQs
1. Who exercises the executive power of the Indian Union?
A. The Prime Minister
B. The Council of Ministers
C. The President
D. The Vice-President
Answer: C. The President
44. How long can the term of the Lok Sabha be extended during a National Emergency?
A. Six months
B. One year at a time
C. Two years
D. Indefinitely
Answer: B. One year at a time
Extra/additional questions and answers
1. Who is the supreme commander of the Defence Forces of India?
Answer: The President.
50. Explain the process of impeachment of the President of India and its implications for the office of the President.
Answer: The process of impeachment of the President of India is outlined in the Constitution to ensure accountability and maintain the sanctity of the office. Impeachment can be initiated in either House of Parliament by a resolution signed by at least one-fourth of its members, with a 14-day notice period. The resolution must be passed by a two-thirds majority of the total membership of that House. Once the charges are made, the other House investigates, where the President has the right to defend himself. If the investigating House also passes the resolution by a two-thirds majority, the President is removed from office.
This process is significant because it underscores the accountability of the President to the Constitution and the people of India. It ensures that the President, who holds a position of great authority and responsibility, cannot act against the Constitution or misuse power without the possibility of being removed from office. However, the stringent requirements for impeachment reflect the gravity of the situation and the need for a broad consensus, ensuring that this power is not misused for political purposes. This balance is crucial for the stability and integrity of the office of the President in a parliamentary democracy like India.
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