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Unit 7: Constitutional Structure: Executive

government councils of the departments, mayors and deputy mayors of the municipal councils, and Notes
a number of municipal councillors in proportion to the population of each municipality, (b) additional
delegates from municipalities of over 30,000 inhabitants, elected by the municipal councillors, and (c)
members of the overseas territorial assemblies, the deputies and senators from there and
representatives of overseas municipal councils. It was also provided that the mayors and deputies
and municipal councillors who were also members of the Parliament must have substitutes, for the
same man would be allowed to vote twice. It is aptly said: “It may be that, as a result, the Presidency
will acquire some of the authority which de Gaulle certainly wished it had in the past, though the
president clearly does not have the powers which he would certainly be granted in a presidential
system.”
The constitutional reform of 1962 was implemented by ordinances that simplified the electoral process.
The present position is that the name of a candidate must be endorsed by 100 ‘notables’ members of
the Parliament or of the Social and Economic Council, or general departmental councillors and mayors
(10 of whom would have to be elected representatives of Overseas departments and territories) and
by making a deposit of 2,000 dollars to be forfeited if he fails to receive at least 5% of the votes polled.
It is also provided that every candidate shall be given equal time to speak on the radio and television
for his canvassing. The candidates securing more than 5% of the votes polled shall also receive a
grant of $ 20,000 in a lump sum to cover their election expenses. It is, however, required that the
winner must secure absolute majority of the electoral college. If no candidate wins more than 50% of
votes, the election shall take place again within next two weeks in which only two candidates having
highest number of votes shall be allowed to take part. No candidate could secure absolute majority in
the first ballot in the elections of 1974 and de Estaing was declared successful in the second ballot by
defeating Mitterand.
The Constitution is, however, silent on many important points. For instance, it nowhere mentions
the age, length of residence and number of tenures of a person holding this office. More so, an easy
channel has been left for an ambitious national leader to exalt his power even by introducing an
innovation in clear violation of the terms of the Constitution. For instance, the electoral reform of
1962 is nothing but a major constitutional innovation effected without the observance of the specified
procedure. The bogey of ‘over-representation of the rural areas’ was swindle to cover the ambition of
the first President. And yet the position is not very clear. Many loopholes are there to be avoided
which we highlighted in the previous election. It is true to say that the election of 1965—the first
election under the revised arrangement—”did not settle the future of the constitution, though while
campaigning for the Presidency, both Lecanuet and Mitterand introduced many caveats and promised
reforms for the great autonomy and initiative of the Paliament and a restriction on the powers and
personal leadership of the President.”
The work of exercising supervision over the Presidential election and dealing with the allegations of
irregularities and corrupt practices has been entrusted to the Constitutional Council. It is provided in
the Constitution that the election of new President shall take place not less than 20 and not more than
35 days before the expiry of the term of the retiring President. If the office of the President falls vacant
due to his death or resignation, the President of the Senate shall act in the officiating capacity until
the next incumbent comes. If the Constitutional Council declares the President in office to be
permanently incapacitated, the President of the Senate shall act as the President of the Republic until
the election of a new President. This must take place within 20 to 35 days from the declaration made
by the Constitutional Council in regard to the vacancy of office or incapacity of the office holder. It is
clearly mentioned that the Acting President shall have powers of the office except some as relating to
the dissolution of the National Assembly, reference of matter to the verdict of the people, conditions
in which a government may be defeated and its obligations under circumstances, and the revision of
the Constitution.
In 1976, Art. 7 of the Constitution was amended. It empowers the Constitutional Council to postpone
Presidential election (i) if in the 7 days preceding final dates for the deposit of candidatures of person
who had publicly announced his candidacy not more than 30 days before the date he died or was
incapacitated, (ii) or if an officially accepted candidate died or was incapacitated before the first
round of voting, in the event of death or incapacitated, of one of the two most successful on the

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