Prez, VP and Guv

Executive is one main organ of modern democratic state responsible for putting the law into practice (i.e. to implement the laws).

Ours is a federal structure. So, all the powers are divided between center and state.

So, there is Union executive and state executive.

Union Executive = Prez + VP + PM +ministers + Attorney General

President

It is a Constitutional Post/ Office and there needs to be election for this post.
Election will be conducted by EC and all the election disputes will be resolved by SC.

An electoral college elects Prez. That electoral College consists of

• Elected members of both LS and RS
• Elected members of state assemblies
• Elected members of assembly of Delhi and Puducherry

Election is by the system of proportional representation by means of single transferrable vote and voting is by secret ballot.

Qualification needed to be eligible for election as Prez 

• must be Indian citizen
• must be of 35 years of age
• should be qualified as member of LS
• should not hold any other office of profit under union gov, state gov., local authority or any other public authority. sitting Prez, VP, Guv and ministers are exempted

Oath or Affirmation

when : after getting elected and before entering into the office

by whom : CJI or the in his absence, the senior-most judge of SC available

Conditions of office

Prez is bound by these conditions as long as he holds the office

• should not be member of legislatures
• no OOP
• Rashtrapati Bhavan
• emoluments, allowances and privileges as determined by the parliament.
• emoluments and allowances can not be diminished during his term in office.

Privileges & Immunities

• Personal immunity from legal liability for official acts
• immune from any criminal proceedings during his term in office
• cannot be arrested or imprisoned
• 2 months notice for initiating civil proceedings

Term
5 years from the day he/she enters office.
can hold more than this until his successor assumes charge

Vacancy in the office

1. On expiry of term
2. By addressing resignation letter to VP
3. Impeachment
4. Death
5. when he becomes disqualified or his election is declared void

If the vacancy is caused by resignation, death, removal or otherwise, the election should be held within 6 months.

Impeachment

A quasi-judicial procedure

One Ground for initiating impeachment charges : Violation of the Constitution

Steps

• One house initiates the charges after getting it signed by at least 1/4th of the members of that house
• a 14 days notice should be given to the President
• after it is passed by special majority, it is sent to the other house
• The 2nd house investigates the charges and if sustains by special majority, then the Prez stands removed from the day the bill is passed

Power & Functions
Executive Powers

1. All executive action is formally taken in his name
2. can make rules on how orders and other instruments be made and authenticated
3. can make rules for convenient transaction of business
4. appoints PM and other ministers
5. appoints AG, CAG, CEC, UPSC, FC etc.
6. can seek any info from PM (basically art. 78)
7. appoints diff. SC/ST commissions
8. can appoint an inter-state council
9. administers UTs through administrators
10. Scheduled are and Tribal area

Legislative Powers

1. integral part of Pariament as every bill requires assent to be an act
2. can summon or prorogue the Parliament
3. can dissolve the LS
4. addresses the first session
5. can send messages
6. can appoint any member to preside over in case of vacancy
7. nominates members
8. ordinance making
9. assent to bills
10. decides on the disqualification of members in consultation with the EC
11. lays various reports
12. can make regulations for UTs

Financial Powers

1. causes the budget to be presented
2. prior recommendations for money bill
3. Finance Commission
4. advances out of Contingency fund of India
5. no demand for grant can be made w/o his recommendation

Judicial Powers

1. appoints judges
2. consults CJI on a question of law or fact
3. pardoning power

Military Powers
Diplomatic Powers
Emergency Powers

Vice-President (VP)

Constitutional office/ post and needs an election to fill it. EC conducts and disputes are referred to SC

Electoral College consists of 

• Elected + Nominated Members of LS
• Elected + Nominated Members of RS

Election is by the system of proportional representation by means of single transferrable vote and voting is by secret ballot.

Qualification needed to be eligible for election as VP 

• must be Indian citizen
• must be of 35 years of age
• should be qualified as member of RS
• should not hold any other office of profit under union gov, state gov., local authority or any other public authority. sitting Prez, VP, Guv and ministers are exempted

Oath or Affirmation

when : after getting elected and before entering into the office

by whom : President or some person appointed by him

Conditions of office

VP is bound by these conditions as long as he holds the office

• should not be member of legislatures
• no OOP
• Rashtrapati Bhavan
• emoluments, allowances and privileges as determined by the parliament.
• emoluments and allowances can not be diminished during his term in office.

Term
5 years from the day he/she enters office.
can hold more than this until his successor assumes charge

Vacancy in the office

1. On expiry of term
2. By addressing resignation letter to President
3. Removal (No formal Impeachment)
4. Death
5. when he becomes disqualified or his election is declared void

If the vacancy is caused by resignation, death, removal or otherwise, the election should be held ASAP.

Governor

Though an independent constitutional post (as held by SC in 1979), appointment is made by the President by warrant under his hand and seal.

Qualification needed to be eligible for appointed as Governer

• must be an Indian citizen
• must be of at least 35 years of age
• should be qualified as member of LS
• should not hold any other office of profit under union gov, state gov., local authority or any other public authority. sitting Prez, VP, Guv and ministers are exempted

2 additional conventions

• to be from a different state
• to consult CM

Oath or Affirmation

when : after getting elected and before entering into the office

by whom : CJ of the HC or the in his absence, the senior-most judge of that HC available

Conditions of office

Governor is bound by these conditions as long as he holds the office

• should not be member of legislatures
• no OOP
• Raj Bhavan
• emoluments, allowances and privileges as determined by the parliament.
• emoluments and allowances can not be diminished during his term in office.

Term
5 years from the day he/she enters office.
can hold more than this until his successor assumes charge
can resign addressing the letter to President.
SC held that Pleasure of President is not justifiable.

Power & Functions

Power & Functions
Executive Powers

1. All executive action is formally taken in his name
2. can make rules on how orders and other instruments be made and authenticated
3. can make rules for convenient transaction of business
4. appoints PM and other ministers
5. appoints AG, CAG, CEC, UPSC, FC etc.
6. can seek any info from PM (basically art. 78)
7. appoints diff. SC/ST commissions
8. can appoint an inter-state council
9. administers UTs through administrators
10. Scheduled are and Tribal area

Legislative Powers

1. integral part of Pariament as every bill requires assent to be an act
2. can summon or prorogue the Parliament
3. can dissolve the LS
4. addresses the first session
5. can send messages
6. can appoint any member to preside over in case of vacancy
7. nominates members
8. ordinance making
9. assent to bills
10. decides on the disqualification of members in consultation with the EC
11. lays various reports
12. can make regulations for UTs

Financial Powers

1. causes the budget to be presented
2. prior recommendations for money bill
3. Finance Commission
4. advances out of Contingency fund of India
5. no demand for grant can be made w/o his recommendation

Judicial Powers

1. appoints judges
2. consults CJI on a question of law or fact
3. pardoning power

Military Powers
Diplomatic Powers
Emergency Powers