The President and the Vice-President

(A) is false, but (R) is true

Explanation: A Bill becomes a law only after the assent and signature of the President, not the Prime Minister.

(A) is true, but (R) is false

Explanation: The Vice-President gets the salary and allowances in his capacity as the Chairman of the Rajya Sabha, not as the Vice-President.

Both (A) and (R) are false

Explanation: The President can dissolve only the Lok Sabha, not the Rajya Sabha.
The Constitution mandates that the gap between two sessions of Parliament must not exceed six months. Therefore, the President of India has the power to summon both the Houses of Parliament, but there should not be a gap of more than six months between the two sessions.

(A) is false, but (R) is true

Explanation: The President uses discretionary judgement to appoint the Prime Minister when no party has a clear majority in the Lok Sabha (not the Parliament).

Parliament = President + Rajya Sabha + Lok Sabha

Hence, Assertion (A) is inaccurate as the Rajya Sabha has no role in the appointment of the Prime Minister.

The President

The President

P and R

Q and R

P and Q

Droupadi Murmu

Q and R

P and Q

R and S

Six

6 months

Chief Justice of India

P and S

Q and R

Appointing the Prime Minister

For being below the age of thirty-five.

(a) The then Chief Justice of India, Justice N.V. Ramana is administering the Oath of Office to President Droupadi Murmu.

(b) A person shall be eligible for election as President, if he/she —

1. is a citizen of India
2. has completed the age of thirty-five years
3. is qualified for election as a member of the Lok Sabha

(c) The President of India is referred to as the nominal head of the state because India follows a parliamentary system of Government.

1. According to the Constitution, the President is required to exercise his powers on the aid and advice of the Prime Minister and their Council of Ministers.
2. All proclamations of emergency made by the President have to be approved by the Parliament within one month. If it is not approved then it ceases to exist.

Body: Electoral College (elected MPs + elected MLAs).
Process: Proportional representation via single transferable vote, with secret ballot.

The President is elected by indirect elections because of the following reasons:

1. 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.
2. Since the membership in the two Houses of Parliament was likely to be dominated by one party, 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.
3. The President is elected by an Electoral College, which consists of the elected members of the two Houses of Parliament and Legislative Assemblies of the States. This makes the President the elected representative of the whole nation with a clear voice given to the States as well.

The President can vacate his office by either of the following procedures-

1. The President may submit his resignation letter to the Vice-President, in order to resign his office. Such resignation will be communicated by the Vice-President to the Speaker of the Lok Sabha.
2. The President may, for the violation of the Constitution, be removed from the office by the process of impeachment.

The President may, for the violation of the Constitution, be removed from the office by the process of impeachment.

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 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.

The power to promulgate an Ordinance is subject to the following conditions:

1. The President must be satisfied that circumstances make it necessary for him/her to take immediate action.
2. An Ordinance can be promulgated at a time when both Houses of Parliament are not in session. However, if one House is in session, there is no bar in issuing of Ordinances.
3. The Ordinance so promulgated should be laid before both Houses of Parliament when they reassemble. If the Parliament does not approve the Ordinance, it lapses. If an ordinance is not disapproved, it will automatically cease to operate at the end of six weeks from the date the Parliament re-assembles.
4. The Ordinance lapses if it is replaced by an Act of Parliament.

An Electoral College consisting of the members of both Houses of Parliament elects the Vice-President.

1. The election is held in accordance with the system of proportional representation by means of the single transferable vote.
2. The voting at such an election is by secret ballot.
3. Each nomination paper should be proposed by at least twenty electors (MPs) and another twenty electors should second the same.

The Vice-President shall continue to hold office, notwithstanding the expiry of his term, until his successor enters upon his office.

The Vice-President can be removed from office in the following cases-

1. He may, by writing, addressed to the President, resign his office. Such resignation will be communicated by the President to the Speaker of the Lok Sabha.
2. He may, for the violation of the Constitution, be removed from the office by the process of impeachment.

The Vice-President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha.

1. In this capacity he regulates debates and proceedings of the House and decides the order of speeches.
2. He decides the admissibility of a resolution or of questions.
3. He may suspend or adjourn the business of the House in case of grave disorder.
4. He issues directions to the chairmen of various committees in all matters relating to their working.

The Vice President is the second head of the Union Executive. He is also the ex-officio Chairman of the Rajya Sabha (Union Legislature). Thus, he has two distinct and separate offices. This dual capacity is one of unique features of the Indian Constitution.

The excerpt reflects the unitary feature of the Indian Constitution.

Although India has a federal structure, certain provisions in the Constitution give greater authority to the Union Government. One such unitary feature is that the Governor of a State can reserve a Bill passed by the State Legislature for the consideration of the President of India.

The President may give or withhold assent to such Bills, thereby exercising control over State legislation. This indicates that the States are not fully sovereign in their law-making powers, and the ultimate authority lies with the Centre, which is a unitary characteristic of the Constitution.

(a) Three executive powers of the President are-

1. Head of the Union Administration — All executive orders are issued in the name of the President. All the Union officials are his subordinates.
2. 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.
3. Union Territories and Border Areas — The administration of the Union Territories and the Border Areas is the responsibility of the President.

(b) Three legislative powers of the President are-

1. 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 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.
2. Messages to Parliament — He has the power to send messages to either House of Parliament either in the regard to any pending Bill or to any other matter.
3. Dissolve the Lok Sabha — He can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.

(c) Two judicial powers of the President are-

1. The President is not answerable before any court of law for the exercise of the powers and duties of his office.
2. No criminal suit can be initiated against him during his tenure of office.

(a) The President of India is referred to as a nominal head of the State because of the following reasons-

1. According to the Constitution, the President is required to exercise his powers on the aid and advice of the Prime Minister and his Council of Ministers.
2. All proclamations of emergency made by the President have to be approved by the Parliament within one month. If it is not approved then it ceases to exist.

(b) The President can declare a national emergency in case of 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 (Article 352).

(c) Two discretionary powers of the President are-

1. When the ruling party who has lost majority support in the Lok Sabha or when a vote of no-confidence may have been passed against it, recommends to the President to dissolve the Lok Sabha, then it is at the discretion of the President to either dissolve the House or ask another party to prove its majority on the floor of the House.
2. The President can dismiss Ministers in case the Council of Ministers loses the confidence of the House but refuses to resign.

(a) 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, he may declare an emergency in the State. 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) The duration of such an emergency is two months.

1. If it were to continue beyond two months, it should be ratified by the Parliament.
2. The Proclamation will cease to be valid for six months after the date of its issue even if the Parliament ratifies it.
3. It can, however, be extended for another six months.
4. Thus, President's Rule can normally continue only for a year.
5. It may be extended beyond one year, under two conditions:
   1. When a Proclamation of Emergency is in operation in the whole of India or in any part of the State
   2. The Election Commission certifies that holding elections to the Legislative Assembly of the State is difficult.

(c) The effect of the emergency on the administration of the State is as follows-

1. 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.
2. The President may:
   1. dissolve the Vidhan Sabha of the State and dismiss the Council of Ministers
   2. 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.
3. When the Lok Sabha is not in session the President may authorise expenditure out of the Consolidated Fund of the State.
4. The President may suspend the provision of the Constitution relating to any authority of the State except those relating to High Courts.

(a) An Electoral College consisting of the members of both Houses of Parliament elects the Vice-President.

1. The election is held in accordance with the system of proportional representation by means of the single transferable vote.
2. The voting at such an election is by secret ballot.
3. Each nomination paper should be proposed by at least twenty electors (MPs) and another twenty electors should second the same.

(b) A person shall be eligible for election as Vice-President, if he-

1. is a citizen of India.
2. has completed the age of thirty-five.
3. is qualified for election as a member of the Council of States.

(c) Two important powers of a Vice-President are-

1. 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 regulates debates and proceedings of the House and decides the order of speeches. He decides the admissibility of a resolution or of questions. He may suspend or adjourn the business of the House in case of grave disorder. He issues directions to the chairmen of various committees in all matters relating to their working.
2. Taking over as the President — The Vice-President takes over the office of the President under the following situations:
   1. death of the President
   2. resignation of the President
   3. removal of the President
   4. when the President is unable to discharge his functions owing to absence, illness or any other cause.

The difference in powers of the Presidents of India and the USA are:

The Governor of the State will send a report of the situation to the President and will recommend for President's rule. If the President is satisfied with the report he/she will declare an emergency in the state and impose President's rule. Consequences of President's rule in the state will be the following:

1. 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.
2. The President may:
   1. Dissolve the Vidhan Sabha of the State and dismiss the Council of Ministers; or
   2. 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.
3. When the Lok Sabha is not in session the President may authorise expenditure out of the Consolidated Fund of the State.
4. The President may suspend the provision of the Constitution relating to any authority of the State except those relating to High Courts.

However, the duration of President's rule is two months. Beyond this, it should be ratified by the Parliament for six months. It can be extended for another six months. Thus, President's rule can normally continue only for a year.

The President of India usually acts on the advice of the Council of Ministers. However, there are certain situations where the President can act independently or use discretionary powers. This shows that the President is not just a rubber stamp, but plays an important role in safeguarding the Constitution.

Some examples where the President can act at their own discretion are:

1. When no party gets a clear majority in the Lok Sabha — the President uses personal judgment to appoint a Prime Minister who is likely to win the confidence of the House. Example — (i) In 1989, President R. Venkataraman appointed V.P. Singh as Prime Minister when no party had a majority.
   (ii) In 1996, President Shankar Dayal Sharma appointed Atal Bihari Vajpayee as Prime Minister for 13 days as BJP was the single largest party.

2. The President can send back a bill passed by Parliament for reconsideration. This shows that the President can express independent views, though if the bill is passed again, the President must give assent.

3. In special cases, the President can dismiss a government that has lost majority and refuses to resign. This is also a discretionary power, though used rarely.

These situations prove that the President is not a mere rubber stamp, but an important guardian of the Constitution who acts wisely when needed.