Thursday, July 24, 2014

Vacancy in President's Office and Intro to power of the President

Vacancy in the President’s office

In case the office of the President falls vacant due to death, resignation or removal of the President, the Vice-President or in his absence, Chief Justice of Supreme Court of India or in his absence, senior most Judge of the Supreme Court becomes the President until fresh elections are held for the post and new incumbent assumes office. Under the Constitution, such election has to take place within six months of the occurrence of vacancy.

Likewise, if the President is not able to discharge his duties due to sickness or absence due to any other reasons, the Vice-President discharges the functions of the President. When the Vice-President acts in the capacity of the President, he is entitled to the same salary, allowances and privileges which are available to the President under the Constitution.

Power of the President of India

The executive power of the Union, Article 53 declares, shall be vested in the President and it shall be exercised by him either directly or through officers subordinate to him, but always in accordance with the Constitution. The expression ‘executive power’ is nowhere defined in the constitution. Ordinarily, it connotes the residue of the Governmental functions that remain after legislative and judicial functions are taken away.

Broadly speaking, “executive function” comprises both determinations of policy as well as carrying it into execution. This includes the initiation of legislation, the maintenance of law and order, the promotion of social and economic welfare, the direction of foreign policy, the carrying on or supervision of the general administration of the State. The executive power may, therefore, be shortly defined as the power of carrying on the administration of the affairs of the State, excepting functions which are vested by the Constitution in the Legislature and Judiciary. The power of the President can be discussed under the following heads.

Administrative Powers
Legislative Powers
Emergency Powers
Ordinance Making Powers
Judicial Powers

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