The Vice-President Of India

• Vice President:

The Vice President is the second highest constitutional office in India. He/She serves for a five-year term, but can continue to be in office. irrespective of the expiry of the term, until the successor assumes office.

The Vice President may resign his office by submitting his resignation to the President of India. The resignation becomes effective from the day it is accepted.

The Vice President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by the House of the People (Lok Sabha). A resolution for this purpose may be moved only after a notice of at least a minimum of 14 days has been given of such an intention.

The Vice President is the ex-officio Chairperson of the Council of States (Rajya Sabha) and does not hold any other office of profit.

• Eligibility:

            Should be a citizen of India.

            Should have completed 35 years of age.  

           

            Should be qualified for election as a member of the Rajya Sabha.

            Should not hold any office of profit under the Union government or any              government or any local authority or any other public authority.

CONTENT TABLE:

• Part V of the Constitution of India discusses the office of the Vice-President of India. Articles 63 to Article 73 deal with the qualifications, election, and removal of the Vice-President of India.

• Article 63 states that there shall be a vice-president of India

• Article 64 states that the Vice-President shall be the ex-officio Chairman of the Rajya Sabha

• Article 65 states that Vice-President shall act as President in the vacancy of office of the President until the new President is elected.

• Article 66 deals with provision of the Election of the Vice-President.

• Article 67 mentions the Term of Office of Vice-President.

• Article 68 states about the Vacancy of office of the Vice-President.

• Article 69 deals with Oaths & Affirmation by the Vice-President.

• Article 71 deals with matters relating to or connected with, the election of a President and Vice-President.

ARTICLE 63 : THE VICE-PRESIDENT OF INDIA

    There shall be a Vice-President of India.

ARTICLE 64 : THE VICE-PRESIDENT TO BE EX-OFFICIO CHAIRMAN OF THE COUNCIL OF STATES

The Vice-President shall be ex-officio Chairman of the Council of States (RAJYA SABHA) and shall not hold any other office of profit:

Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

ARTICLE 65 : THE VICE-PRESIDENT TO ACT AS PRESIDENT OR TO DISCHARGE HIS FUNCTIONS DURING CASUAL VACANCIES IN THE OFFICE, OR DURING THE ABSENCE, OF PRESIDENT

(1) In the event of the occurrence of any vacancy in the office of the President by reason of this death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.

(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.

(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

ARTICLE 66 : ELECTION OF VICE-PRESIDENT

(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be by secret ballot.

(2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.

(3) No person shall be eligible for election as Vice-President unless he –

(a) is a citizen on India;

(b) has completed the age of thirty-five years; and

(c) is qualified for election as a member of the Council of States.

(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Explanation: For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President of Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

ARTICLE 67 : TERM OF OFFICE OF VICE-PRESIDENT

The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that –

 (a) A Vice-President may, by writing under his hand addressed to the President, resign his office;

(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

ARTICLE 68 : TIME OF HOLDING ELECTION TO FILL VACANCY IN THE OFFICE OF VICE-PRESIDENT AND THE TERM OF OFFICE OF PERSON ELECTED TO FILL CASUAL VACANCY

(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

ARTICLE 69 : OATH OR AFFIRMATION BY THE VICE-PRESIDENT

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form.

ARTICLE 71 : MATTERS RELATING TO, OR CONNECTED WITH, THE ELECTION OF A PRESIDENT OR VICE-PRESIDENT

(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.

(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.

(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.

(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.

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THE PRESIDENT OF INDIA

 

The President of India (Articles 52-62)

INTRODUCTION: 

Part V of the Constitution (The Union) under Chapter I (The Executive) lists out the qualification, election and impeachment of the President of India.

The President of India is the head of state of the Republic of India. The President is the formal head of the executive, legislature and judiciary of India and is also the commander-in-chief of the Indian Armed Forces.

Although Article 53 of the Constitution of India states that the President can exercise his or her powers directly or by subordinate authority, with few exceptions, all of the executive authority vested in the President are, in practice, exercised by the Council of Ministers (CoM).

Part V The Union

Chapter I The Executive

ARTICLE 52 : THE PRESIDENT OF INDIA

There shall be a President of India.

ARTICLE 53 :

EXECUTIVE POWER OF THE UNION For every executive action that the Indian government takes, is to be taken in his name.

He may/may not make rules to simplify the transaction of business of the central government.

He appoints the attorney general of India and determines his remuneration

He appoints the following people:

•  COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG)

•   Chief Election Commissioner and other Election Commissioners

•  Chairman and members of the Union Public ServicE  Commission
•   State Governors
•   Finance Commission of India chairman and members

He seeks administrative information from the Union government

He requires PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council

He appoints National Commissions of:

           Scheduled Castes ,Scheduled Tribes ,Other Backward                     Classes 

            He appoints inter-state council

            He appoints administrators of union territories

          He can declare any area as a scheduled area and has                    powers with respect to the administration of scheduled           areas and tribal areas.

ARTICLE 54 : ELECTION OF PRESIDENT

The Indian President is elected through an electoral college system, wherein the votes are cast by national and State-level lawmakers.

The elections are conducted and overseen by the Election Commission (EC) of India.

The electoral college is made up of all the elected members of the Upper and Lower Houses of Parliament (Rajya Sabha and Lok Sabha MPs), and the elected Members of the Legislative Assemblies of States and Union Territories (MLAs).

ARTICLE 55 : MANNER OF ELECTION OF PRESIDENT

The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

ARTICLE 56 : TERM OF OFFICE OF PRESIDENT 

(1) The President shall hold office for a term of five years from the date on which he enters upon his office:

        Provided that – 

          (a) the President may, by writing under his hand addressed to                      the Vice- President, resign his office;

          (b) the President may, for violation of the Constitution, be                           removed from office by impeachment in the manner provided                 in article 61.

           (c) the President shall, notwithstanding the expiration of his                         term, continue to hold office until his successor enters upon                   his office.

ARTICLE 57 : ELIGIBILITY FOR RE-ELECTION

A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution be eligible for re-election to that office.

ARTICLE 58 : QUALIFICATIONS FOR ELECTION AS PRESIDENT

(1) No person shall be eligible for election as President unless he –

          (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 House of the                         People.

(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

ARTICLE 59 : CONDITIONS OF PRESIDENT’S OFFICE

(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.

(2) The President shall not hold any other office of profit.

(3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

(4) The emoluments and allowances of the President shall not be diminished during his term of office.

ARTICLE 60 : OATH OR AFFIRMATION BY THE PRESIDENT

The President has takes an oath of office in the presence of the Chief Justice of India.

Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available,

ARTICLE 61 : PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless –

          (a) the proposal to prefer such charge is contained in a resolution                  which has been moved after at least fourteen days’ notice in                   writing signed by not less than one-fourth of the total                              number of members of the House has been given of their                         intention to move the resolution, and

           (b) such resolution has been passed by a majority of not less                       than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

ARTICLE 62 : TIME OF HOLDING ELECTION TO FILL VACANCY IN THE OFFICE OF PRESIDENT AND THE TERM OF OFFICE OR PERSON ELECTED TO FILL CASUAL VACANCY

          An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the             term.

         An election to fill a vacancy in the office of President occurring by reason of   his death, resignation or removal, or otherwise shall be held as soon as  possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall,subject to the provisions of article 56, be entitled to hold office for the full  term of five years from the date on which he enters upon his office.

Functions and Powers of the President:

These are divided into three parts-

1. Executive powers
2. Legislative powers
3. Financial powers

Executive Powers of the President of India

• All decisions of the Union Government are communicated to him/her by the Prime Minister.

• All the functions are performed by the President on the advice of the Prime Minister.

• All officials appointed by him/her (such as Governors and Ambassadors) may be removed or recalled by him/her, on the advice of the Union Council of Ministers.

• All laws enacted by the Union Parliament are enforced by him/her.

• All diplomatic work is conducted in his/her name (by the foreign office and Indian envoys abroad), and all international treaties are negotiated and concluded in his/her name.

• The President appoints India’s ambassadors and high commissioners in other countries, and the President receives foreign ambassadors and high commissioners.

• The President can declare war and make peace.

• In his/her capacity as head of state, the President conducts the country’s foreign affairs.

• The President is the Supreme Commander of the armed forces. He/she makes appointments of Chiefs of Army, Navy, and Air Force.

• The President appoints the Attorney General, the Comptroller and Auditor General of India, the Chief Election Commissioner and other
  Election Commissioners, the Chairman and Members of Union Public Service Commission (U.P.S.C.).

• He/she also appoints the Governors of States and Lt. Governors of Union Territories. All such appointments are made on the advice of the Union Cabinet.

• The President appoints the Chief Justice and other judges of the Supreme Court and High Courts, the Chief Justice of India is consulted in these appointments.

• He allocates portfolios among the ministers on the advice of the Prime Minister. He may remove any Minister on the advice of the
  Prime Minister.

• The President appoints the Prime Minister and he appoints other ministers on the advice of the Prime Minister.

 

Legislative Powers of the President of India

• The President summons and prorogues the Houses of Parliament. He summons the Parliament at least twice a year, and the gap between two sessions cannot be more than six months.

• The President has the power to dissolve the Lok Sabha even before the expiry of its term on the recommendation of the Prime Minister.

• The President nominates twelve members to Rajya Sabha from amongst persons having special knowledge in the field of literature, science, art and social service.

• The President may also nominate two members of the Anglo-Indian community to the Lok Sabha in case that community is not adequately represented in the House.

• The President can call a joint sitting of the two Houses of Parliament in case of a disagreement between Lok Sabha and Rajya Sabha on a non-money bill.

• The President has the right to address and send messages to Parliament. The President addresses both Houses of Parliament jointly at the first session after every general election as well as the commencement of the first session every year.These addresses contain policies of the government of the day.

• Every bill passed by Parliament is sent to the President for his/her assent. The President may give his/her assent, or return it once for the reconsideration of the Parliament. If passed again the President has to give her assent.

• Without his/her assent no bill can become a law.

• The President may promulgate an ordinance when the Parliament is not in session.The ordinance so issued has the effect of a law.

• Such ordinance should be laid before both Houses of Parliament when they reassemble. If no action is taken, it automatically lapses six weeks after the commencement of the next session of Parliament.

 

Financial Powers of the President

•  All money bills are introduced in the Lok Sabha only with the prior approval of the  President.

•  The President has the control over Contingency Fund of India. It enables the          government to advance money for the purpose of meeting unforeseen               expenses.

• Contingency Fund of India: It is a fund kept by the Union Government to meet any unforeseen expenditure for which money is immediately needed. The President has full control over this Fund. The President permits withdrawals from this Fund.

• Annual budget and railway budget are introduced in the Lok Sabha on the recommendation of the President.

• Money bills are never returned for reconsideration.

• The President appoints the Finance Commission after every five years. It makes recommendations to the President on some specific financial matters, especially the distribution of Central taxes between the Union and the States.

• The President also receives the reports of the Comptroller and Auditor-General of India and has it laid in the Parliament.

Miscellaneous powers:

• The President, as head of state, can pardon a criminal or reduce the punishment or suspend, commute or remit the sentence of a criminal convicted by the Supreme Court or High Courts for an offence against the federal laws.
• The President can also pardon a person convicted by a Court Martial. His/her power of pardon includes granting of pardon even to a person awarded death sentence. But, the President performs this function on the advice of Law Ministry.

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       Preamble to the Indian Constitution

    DEV BRAT DUBEY|UPDATED:NOVEMBER-26-2022

A preamble is an introductory statement in a document that explains the document's philosophy and objectives.

In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.

 Table of Contents 

Source of the Constitution 

Nature of Indian State 

Statement of its objectives 

Date of its adoption

History of the Preamble to Indian Constitution

The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.

Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.

Components of Preamble

It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.

Preamble declares India to be a sovereign, socialist, secular and democratic republic.

The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.

The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

Key words in the Preamble

We, the people of India: 

It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.

Sovereign: 

The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.

Socialist: 

The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.
It was added in the Preamble by 42nd Amendment, 1976.

Secular:

 The term means that all the religions in India get equal respect, protection and support from the state.

It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.

Democratic:

 The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.

Republic: 

The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.

Objectives of the Indian Constitution

The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation.

The main objective of the Indian Constitution is to promote harmony throughout the nation.

NOTE - The concept of Liberty, Equality, and Fraternity in our Preamble was adopted from the French Motto of the French Revolution.

The factors which help in achieving this objective are:

Justice: It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political.

Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.

Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.

Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.

Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law.

Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law.

Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.

Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and equality as the notion of a happy life and which can not be taken from each other.

Status of Preamble

The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases.

Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.

Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.

Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:

The Preamble of the Constitution will now be considered as part of the Constitution.

Amendment of the Preamble

42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution.

As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended.

As of now, the preamble is only amended once through the 42nd Amendment Act, 1976.

The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976.

CONCLUSION-The preamble sets the stage for the Constitution 

 It clearly communicates the intentions of the framers and the purpose of the document. The preamble is an introduction to the highest law of the land; it is not the law. It does not

 define government powers or individual rights.

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