PART-V
The Executive
(Articles
27 to 102 should be in place of Articles 52 to 123 of the existing Constitution)
29.
The President of India
There shall be a
President of Bharat.
30. Manner of election of President.
(1) As far as practicable, there shall be uniformity in the scale of representation of the
different State at the election of the President.
(2) For the purpose of securing such uniformity among the States inter se as well as parity
between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative
Assembly of each State is entitled to cast at such election shall be determined in the following manner: -
(a) every elected member of the Legislative Assembly of a State shall have as many votes as
there are multiples of one thousand in the quotient obtained by dividing the population, as ascertained at the last census,
of the State by the total number of the elected members of the Assembly;
(b) if, after taking the said multiples of one thousand, the remainder is not less than five
hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have such numbers of votes as
may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States
under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding
one-half being counted as one and other fractions being disregarded.
(3) 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.
31.
Qualification for election as President.
(1) No person shall be eligible for election as President unless he-
(a) is a Citizen of origin as defined
under Article 4 clause (1);
(b) is or was a member of Parliament at least for six years, or holds office of
Vice-President;
(c) is nominated by a recognised national political party through transparent democratic
process;
(2) A person shall not be eligible for election as President if during five years before the
date of nomination paper he holds office of a Judge at Supreme Court or any of the High Court or any office of profit under
the State. For the purpose of this Article the word State shall be the same meaning as it is under Part III;
(3) A person shall not be eligible for reelection as President for second terms;
(4) A person ever charge sheeted, whether convicted or not, in any criminal proceeding, shall
not be eligible for election as President.
32.
Terms of office of President.
(1)
The President shall hold office for a term of four 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 34.
(c) The President shall notwithstanding the expiration of his terms, shall continue to hold
office until his successor enters upon his office.
33.
Oath or affirmation by the President.
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, an oath or affirmation in the following form, that
is to say-
I, A.B., do (swear in the name of the God /
solemnly affirm) that I will faithfully, execute the office of President (or discharge
the functions of the President) of Bharat and will to the best of my ability preserve, protect and defend the Constitution
and the law and that I will devote myself to the service and well-being of the people of Bharat."
34.
Conditions of Presidents 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 of his election 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 in accordance with the principles laid down by law made by Parliament,
upon recommendations made by the Law Commission of Bharat, prepared after inviting suggestions from the people of the country.
(4) Until
such determination is made, the emoluments and allowances of the President shall be continued as it were prevailed prior to
commencement of this Constitution.
(5) The emoluments and allowances of the President shall not be diminished during his term of the office.
(6) The person retires from the office of the President, shall be entitled to such emoluments, allowances and privileges
as may be determined in accordance with the principles to be laid down in the same law made under clause (3).
(7) The person retires, removed or resigned from the office of the President, shall not entitled to any other assignment,
detrimental to the office of the President.
35.
Powers of the President.
(1)
The President shall appoint
the persons holding Constitutional offices, in accordance with the provisions provided under the respective provision of the
Constitution.
(2)
The President shall appoint
Chief Justice and other Judges of Supreme Court and High Courts, under the advice from National Judicial Commission, under
the respective provision.
(3)
The Vice President, Prime
Minister, Chief Justice of Bharat, Chairman of National Judicial Commission, Speaker of Lok Sabha, other members of Council
of Ministers of Bharat, Chairman of National Law Commission, Chief Election Commissioner of Bharat and Comptroller and Auditor-general
of Bharat shall take and subscribe oath or affirmation before the President or in his absence before Acting-President, according
to the form set out for the purpose in the Constitution, before entering in respective office.
(4) The
President shall give his assent on a Bill, sent him after passed by both Houses for assent, or sent it back, with reasons
in writing, for reconsideration to respective House of Parliament, within ten days from the date of receipt of such law. Otherwise,
such Bill automatically enacted as a Law and thereafter no such assent would be required from the President.
(5) The executive power of the Government of Bharat headed by the Prime Minister shall be
vested in the President, and shall be exercised by the Government in accordance with this Constitution and law.
(6) Without prejudice to the generality of the other provisions, the supreme command of the
Defence Forces of the Bharat shall be vested in the President and the exercise thereof shall be regulated by law, and nothing
in this clause shall be deemed to transfer to the President any function conferred by any law on the Government of Bharat
or any State Government or any other authority.
(7) The President shall have powers, even without advice from or consultation with the Cabinet,
to send messages to either House of Parliament through Speaker or Chairman, as the case may be, whether with respect to a
Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch
consider any matter required by the message to be taken into consideration.
(8) The President shall exercise his functions and act, other than this article, under the
advice of Council of Ministers headed by the Prime Minister, appointed under the respective provision of the Constitution.
President (not Acting President) may require the Council of Ministers to reconsider such advice, either generally or otherwise,
and the President shall act in accordance with the advice tendered after such reconsideration.
(9) The President shall have the powers to grant pardons reprieves, respites or remissions
of punishment or to suspend, remit or commute the sentence of death, as per rules and regulations to be notified in this respect
by the President in consultations with the National Judicial Commission.
(Provided that President shall
not use such powers, where person sentenced, has made false statement before any Court of law or court-martial.)
(Provided also that such powers of the President shall not affect the powers of
the Governors and governments, in that respect.)
(10) Nothing in this article shall prevent Parliament from conferring by law functions on authorities, other than President.
36.
Procedure for impeachment or removal of the President.
(1) When a President is to be impeached for charges of corruption, false affirmation
of oath, the charges shall be preferred by Lok Sabha, contained in a resolution which has been moved after at least fourteen
days notice in writing signed by not less than one-forth of the total number of members of the Lok Sabha has been given of
their intention to move the resolution, and such resolution shall be passed by a majority of not less than two-thirds of total
membership of the Lok Sabha.
(2) When a Charge has been so preferred by the Lok Sabha, the Rajya Sabha shall investigate
the charge or cause to be investigated by the Supreme Court and the President shall have the right to appear through his Counsel
or otherwise and to be represented at such investigation.
(3) 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 Rajya Sabha 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 and time on which the resolution is so passed.
(4) A criminal
complaint can be lodged against any person holding office of the President, before the Supreme Court of Bharat;
(i) Supreme Court, only after preliminary satisfaction, shall admit such complaint
with regards to any criminal offence defined under the criminal law;
(ii) after preliminary satisfaction, Supreme Court shall ask to President to present his Statement,
on such complaint;
(iii) after going by the complaint and Statement of the President, Supreme Court may forward such complaint
to a Commission comprised of Chief Justices of three High Courts to ascertain true facts, with the help of any investigating
agency;
(iv) Commission shall submit its report to Supreme Court;
(v) if report says that the person holding the office of the President has committed the offence
referred in the complaint, Supreme Court shall forward its recommendations to the President with copies to the both Houses
of the Parliament through their respective Presiding Officers;
(vi) President shall take appropriate immediate decision in accordance with the recommendations of the
Supreme Court;
(vii) after constitution of the Commission by the Supreme Court, entire proceeding in the matter shall be transparent to the
public and should be recorded in complete verbatim. .
37. Time of
holding election to fill vacancy in the office of President and the term of office of Person elected to fill casual vacancy.
(1) An election to fill vacancy caused by expiration of the term of office of President shall be completed
by the Election Commission of Bharat, before the expiration of the terms.
(2) 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 within 60 days from the date of occurrence of the vacancy; and the person elected to
fill vacancy shall be deemed to be elected under article 28 of this Constitution and shall hold office of the President for
full term of four years from the date on which he enters upon his office.
(3) During the period between the date and time when vacancy caused under clause (1) and entering
in office of the President by the person so elected under clause (2), the Vice-President of Bharat shall function and act
as Acting President of Bharat, with all powers of the President.
(4) Even if the office of the Vice-President is also vacated for the reasons whatsoever, the Chief
Justice of Bharat and in his absence senior most Judge of the Supreme Court shall function and act as Acting President of
Bharat.
38.
The Vice-President of Bharat.
There shall be a Vice-President
of Bharat.
39.
Qualifications for election as to Vice-President.
(1) No
person shall be eligible for election as Vice-President unless he-
(a) is a Citizen of origin as defined under Article 4 clause (1);
(b) is or was a member of Parliament at least for three years;
(c) is nominated by a recognised national political party through democratic transparent process;
(2) A
person shall not be eligible for election as Vice-President if during five years before the date of nomination papers, he
holds office of a Judge at Supreme Court or any of the High Court or equivalent to thereof any office of profit under the
State. For the purpose of this Article the word State shall be the same meaning as it is under Part III;
(3) A
person shall not be eligible for reelection as Vice-President for third terms;
(4) A
person ever charge sheeted, whether convicted or not, in any criminal proceeding, shall not be eligible for election as Vice-President.
40. 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 and National Law Commission and shall not
hold any other office of profit:
Provided that during any period when Vice-President functions and acts as Acting President, he shall
not perform the duties of the office of the Chairman of the Council of the States and Law Commission of Bharat.
41. 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 the single transferable vote and the voting at such election shall be secret ballot.
(2)The Vice-President shall not be a member of either House
of Parliament or of a House of Legislature of any State, and if he holds such office of membership, he shall be deemed to
have vacated his office on the date and time on which he declared elected as Vice-President of Bharat.
42.
Oath or affirmation by the Vice-President
Every Vice-President and every Vice-President acting as Acting President or discharging
the functions of the President shall, before entering upon his office, make and subscribe before the President, and in his
absence before or in the presence of the Chief Justice of Bharat or, in his absence, the senior most Judge of the Supreme
Court available, an oath or affirmation in the following form, that is to say-
I, A.B., do (swear in the name of the God/ solemnly affirm) that I will bear true
faith and allegiance to the Constitution of Bharat as established by law and that I will faithfully, discharge the duty upon
the office of Vice-President (or discharge the functions of the President as Acting President) of Bharat and will to the best
of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being
of the people of Bharat."
43. Term
of office of Vice-President.
(1) The Vice-President shall hold office for a term of four years from the date
on which he enters upon his office.
Provided that-
(a) Vice-President may, by writing under his hand addressed to the President, resign
his office;
(b) Vice-President may be removed from his office by a resolution of the Rajya
Sabha passed by a two-third majority of all the members of the Rajya Sabha and agreed to by the Lok Sabha with the similar
majority; 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 by the one-third members of the Rajya Sabha in writing.
(2) The Vice-President, whether or not he functions or act as Acting President
or Chairman of Rajya Sabha or Law Commission of Bharat, 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 in accordance with
the principles laid down by the law made by Parliament, upon suggestions from the Law Commission of Bharat, prepared after
inviting suggestions from the people of the country.
(3) Until such determination is made, the emoluments and allowances of the Vice-President
shall be continued as it were prevailed prior to commencement of this Constitution.
(4) The emoluments and allowances of the Vice-President shall not be diminished
during his term of the office.
(5) The Vice-President to act as Acting 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 his
death, resignation or removal, or otherwise, the Vice-President shall act as Acting President until the date and time on which
a new President elected or fill such vacancy, in accordance with this Constitution.
(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 as Acting President, until the date on which
the President resumes his duties.
(6) The person retires from the office of the Vice-President, shall be entitled to such emoluments,
allowances and privileges as may be determined in accordance with the principles to be laid down in the same law made under
clause (2).
(7) The person retires, removed or resigned from the office of the Vice-President, shall not
entitled to any other assignment, detrimental to the office of the Vice-President.
44. 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 vacancy caused by expiration of the term of office of Vice-President shall be completed by the Election Commission
of Bharat, before the expiration of the terms.
(2) 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 within 60 days from the date of occurrence of the vacancy; and the person elected to fill vacancy shall be deemed
to be elected under article 39 of this Constitution and shall hold office of the Vice-President for full term of four years
from the date on which he enters upon his office.
(3) During the period between the date and time
when vacancy caused under clause (1) and (2), the Chief Justice of Bharat, and in his absence senior
most Judge of the Supreme Court shall function and act as Acting Vice-President of Bharat, with all powers of the Vice-President.
45. Discharge
of Presidents functions in other contingencies.
Parliament may make such provision with the majority of seventy-five percentage of all the then members
of each House, as it thinks fit for the discharge of the functions of the President in any contingency not provided for in
this Chapter.
46. 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 mere reason of that
decision.
(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 whatsoever reason among the members of the Electoral College electing him.
47. Election
of the Prime Minister and leader of opposition.
(1) A
recognised National Party shall be eligible to pronounce the name of a candidate for the office of Prime Minister, through
transparent, appropriate procedure and manner, at least six months prior to the date of General Election for ensuing Lok Sabha.
No person shall be illegible to become candidate for the office of the Prime Minister for more than twice.
(2) All
candidates for the office of the Prime Minister, declared by recognised National Parties, under clause (1), automatically
shall get elected as member of the ensuing Lok Sabha.
(3)
A candidate for the office of the Prime Minister from a recognised National political party, which party would gets
highest votes in favour of all of its candidates, whether they elected or not to Lok Sabha, throughout the country in general
election for ensuing Lok Sabha-, shall be elected for the office of Prime Minister for a fix tenure of three years from the
date of the constitution of such ensuing Lok Sabha.
(4) A
candidate for the same office from another recognised political party, which gets second highest votes in such general elections
for ensuing Lok Sabha, shall be leader of opposition in Parliament for fixed tenure of three years, from the date of the Constitution
of such ensuing Lok Sabha.
(5) In
case, death of a person holding office of Prime Minister, the Prime Minister shall be elected amongst the members of Lok Sabha
from such recognised National Political Party belonged to demised Prime Minister, for the rest period of respective Lok Sabha,
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, to be conducted and supervised by the Election Commission of Bharat, within 15 days from
the demise of a Prime Minister. The person elected as Chairman under clause (6) shall not be eligible to contest election
for the office of the Prime Minister, under instant clause.
(6) Till
such election to be held under clause (5), the Cabinet shall elect its Chairman for time being, amongst the members of the
Council, who shall function as acting Prime Minister, for 15 days only. During such period, the Cabinet shall not take policy
decisions.
48. Council of Ministers.
(1) There
shall be a Council of Ministers headed by the Prime Minister.
(2) The
number of the members of the Council of Ministers and persons appointed with the rank and status of the members of Council
of Ministers shall not be more than ten percentage of the total number of the members of the Lok Sabha.
(3) Any
member of Council of Ministers shall hold office during the pleasure of the Prime Minister, irrespective of, whether he is
a Member of Parliament or not, but holds all qualification fixed for election to a Member of Lok Sabha or Rajya Sabha.
(4) Before
a Minister enters upon his office, the President shall administer to him the oath of office according to forms set out herein
below under Article 47 for the purpose.
(5) The
Parliamentary Party of Prime Minister shall approve appointment of Minister, who is not the member of any House of Parliament,
in its general body meeting, within three months from the date of entry in the office as a member of Council of Minister,
by secret ballots.
(6) The
salaries, allowances and other benefits for the members of Council of Ministers shall be fixed time to time by the Parliament,
in accordance with a mechanism, recommended by Law Commission of Bharat, after inviting suggestions from the Public and in
consultation with the National Judicial Commission.
49. Oath or affirmation
by the Members of the Council of Ministers.
Every member of the Council of the Ministers and every person, who acting with the rank and/or status
of such minister shall, before entering upon his office, make and subscribe before the President, and in his absence before
or in the presence of the Chief Justice of Bharat or, in his absence, the Senior Most Judge of the Supreme Court available,
an oath or affirmation in the following form, that is to say-
I, A.B., do (swear in the name of the God/ solemnly affirm) that I will bear true faith and allegiance
to the Constitution of Bharat as by law established and that I will uphold the sovereignty and integrity of the country and
that I will faithfully and conscientiously execute and discharge my duties as a Member of the Council of Minister (or like
wise office with the rank and status of the minister) and will to the best of my ability preserve, protect and defend the
Constitution and the law and that I will devote myself to the service and well-being of the people of Bharat and that I will
not hide anything from the people, unless hiding of anything is not required by law or necessary in the greater national interest."
50. Powers
and Duties of Prime Minister and his Council of Ministers.
(1) The
Prime Minister shall communicate to the President all decision of the Council of Ministers relating to the administration
of the affairs of the Government of Bharat.
(2) Prime
Minister shall furnish, in writing, such information relating to the administration of the affairs of the Government of Bharat,
as the President may call for.
(3) If
the President so requires, Prime Minister shall submit for consideration of the Council of Ministers any matter on which a
Minister have taken a decision, has not been considered by the Council.
(4) The
executive power of the Government of Bharat shall be vested in the Council of Ministers, headed by the Prime Minister, and
shall be exercised by Prime Minister or any member of his Council of Ministers, either directly or through officers sub-ordinate
to them in accordance with the Laws prevailing at the material time.
(5) The
Council of Ministers with the Prime Minister at the head shall have powers to aid and advise the President, in accordance
with the Constitution.
(6) Any
decision, taken by the Council of Ministers, under any prevailing law, shall be final.
(7)
President shall act in accordance with the Constitution, upon an advice made by the Council of Ministers.
(8) The Council of Ministers shall not take
any decision against a resolution of its respective political parliamentary party passed by clear majority.
(9) The verbatim minute of the Meeting of
the Council of Ministers shall be recorded.
51.
Conduct of the Government of Bharat.
(1) All
executive action of the Government of Bharat, in accordance with the prevailing laws-, shall be expressed and to be taken
in the name of the Government of Bharat.
(2) Orders
and other instruments made and executed by the Government of Bharat shall be authenticated in such manner as may be specified
in rules to be made by the President, under advise from the Council of Ministers, and in consultation with National Law Commission.
(3) The
President, under advice from the Council of Ministers, shall make rules for the more convenient transaction of the business
of the Government of Bharat, and for the allocation among Ministers of the said business.
(4) Subject
to the provisions of this Constitution and other laws, the executive powers of the Government shall extend to the matters
with respect to which Parliament has power to make laws; and to the exercise of such rights, authority and jurisdiction as
are exercisable by the Government of Bharat by virtue of any constitutionally valid treaty or agreement.
(5) Such
powers shall not extend in the matters with respect to which the Legislatures of the States have exclusive powers.
(6) The
Government of Bharat, shall have the powers to grant pardons, reprieves, respites or remissions of punishment or to suspend,
remit or commute the sentence of any person convicted of any offence-
(a) in cases where the punishment or sentence is by a Court Martial;
(b) in cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive
power of the Government extends;
(c) in cases where the sentence is a sentence of death;
(Provided such powers
shall not be used, where person sentenced, has made false statement before any Court of law or court-martial.)
52.
Attorney General for India.
(1)
President under advice from Prime Minister shall appoint a person who qualified to be appointed a Judge of the Supreme
Court to be Attorney General for Bharat, for a maximum period, which shall not expire after expiry of term of office of Prime
Minister.
(2) It
shall be the duty of the Attorney-General to give written advice to the Government of Bharat upon such legal matters, and
to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President
or Prime Minister, and to discharge the functions conferred on him by or under this Constitution or any other law for time
being in force.
(3) In
the performance of his duties the Attorney General shall have right of audience before National Judicial Commission and in
all courts in the territory of Bharat.
The Attorney General shall receive such remuneration as the President may determine.