Indian Polity Quiz: President, Vice President, Prime Minister and Council of Ministers | 8 June, 2021

Before entering upon his office, the President has to make and subscribe to an oath or affirmation to faithfully execute the office. 

• President swears to devotes himself to the service and well-being of the people of India. 
• President sears to preserve protect and defend the Constitution and the law.  

Source: Laxmikanth 

 The Indian President is the head of the state and he is also called the first citizen of India.  

• He is a part of Union Executive, provisions of which are dealt with Article 52-78 including articles related to President (Article 52-62).  
• All executive actions of the Government of India are formally taken in his name. 
• The President appoints the comptroller and auditor general of India and he does not determine his salary and tenure.  
• The salary and other conditions of service of the CAG are determined by the Parliament of India through “The Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971”. 

Source: Laxmikanth

The Union executive consists of the President, the Vice- President, the Prime Minister, the council of ministers and the attorney general of India. Articles 52 to 78 in Part V of the Constitution deal with the Union executive.

Source: Laxmikanth

When a bill is introduced in the Parliament, Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is up to the President of India to either reject the bill, return the bill or withhold his/her assent to the bill. The choice of the President over the bill is called the veto power.

The veto power enjoyed by the executive in modern states can be classified into the following four types:

• Absolute veto, which is, withholding of assent to the bill passed by the legislature.
• Qualified veto, which can be overridden by the legislature with a higher majority.
• Suspensive veto, which can be overridden by the legislature with an ordinary majority.
• Pocket veto, which is, taking no action on the bill passed by the legislature.

Of the above four, the President of India is vested with three– absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President; it is possessed by the American President.

Source: Laxmikanth

Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws.

Source: Laxmikanth

To be eligible for election as Vice-President, a person should fulfill the following qualifications:

• He should be a citizen of India.
• He should have completed 35 years of age.
• He should be qualified for election as a member of the Rajya Sabha.
• He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.

Source: Laxmikanth

The term of the Prime Minister is not fixed and he holds office during the pleasure of the president.

• However, this does not mean that the president can dismiss the Prime Minister at any time.
• So long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by the President.
• The salary and allowances of the Prime Minister are determined by the Parliament from time to time.
• He gets the salary and allowances that are payable to a member of Parliament.

Source: Laxmikanth

Article 74 – There shall be a council of ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.

However, the President may require the council of ministers to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration.

Source: Laxmikanth

The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.

Source: Laxmikanth.

The President is an integral part of the Parliament of India, and enjoys the following legislative powers.

· He can summon or prorogue the Parliament and dissolve the Lok Sabha. He can also summon a joint sitting of both the Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.

· He can address the Parliament at the commencement of the first session after each general election and the first session of each year.

· He can send messages to the Houses of Parliament, whether with respect to a bill pending in the Parliament or otherwise.

· He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and the Deputy Chairman fall vacant.

· He nominates 12 members of the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service.

· He can nominate two members to the Lok Sabha from the Anglo-Indian Community.

Source: Laxmikanth