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Unit 7: Constitutional Structure: Executive

7. The President is the ‘guide’ of the nation. He is the final source and holder of the power of the Notes
state and the only man to hold and delegate The authoority of the State. Really speaking, he can
hold in his hands all powers of the state provided he holds the office by virtue of an election
and as long as his reforms are approved by the people. In domestic as well as in foreign affairs,
his office has become the real centre of policy-making. A strong leader like de Gaulle is capable
of, according to the language of this Constitution, taking any measure even without the
consultation of his Government and the Parliament no matter it pertains to the withdrawal of
the country from the North-Atlantic Treaty Organisation or instigation of the French people of
Quebec in Canada to stage a demand for more autonomy. It is all due to the fact that he “is
deeply involved in politics and can no longer be considered as an ‘irresponsible head of the
state’ like the British Crown.”
In a word, the President occupies the most celebrated office in the French constitutional system. He is
the President of the Republic as well as of the entire French community. As France has a unitary
system of government and the model of government is quasi-Presidential, it is understandable to
regard the President as the single-most powerful and important authority of the state. Pickles is right
in her judgment that public interests is focused on him and not on the Prime Minister, and the President
takes great care to see that the spotlight remains on him.” It is well observed: “In France, the President
is not only head of the state, the symbolic and ceremonial leader of the country, but also possesses
substantial policy-making and executive power........As long as a single party controls both the executive
and the legislature, the powers of the French President are immense. The President combines the
independent power of the. U.S. President - notably, command of the executive establishment and
independence from legislative control — with the powers that accrue to the government in a
parliamentary regime —namely, control over Parliament’s agenda and its day-to-day activity, and
the ability to dissolve Parliament and force new general election. Moreover, the government — usually
under the President’s direction, controls Parliaments more tightly than other democratic regimes do.
The result is a greater degree of executive dominance within the French political system than in
virtually any other democratic nation. And the President occupies the office at the very top of this
commanding edifice.”
The President of Russia

Art. 80 says that the President shall be the head of the State. He shall be elected for a term of four
years by the citizens of the Russian Federation on the basis of universal, equal and adult suffrage.
Any citizen of Russia who has completed the age of 35 years and has resided in the country on a
permanent basis for at least ten years may be elected. The manner of the election shall be determined
by a federal law. Like the German Constitution, the Russian Constitution says that one person cannot
hold more than two consecutive terms. It is different from the American system where a person
cannot have more than two terms either consecutively or otherwise. He shall take the oath of loyalty
to the people in the presence of the members of the Federation Council, the State Duma and the
Constitutional Court before assuming his office.
Art. 92 makes it clear that the President shall exercise his powers after taking the oath until his term
expires and a newly elected President has been sworn in. The office may fall vacant in the event of his
death, resignation, persistent physical inability, or impeachment. In the event of his persistent inability
for reasons of illness, his duties shall be delegated to the Prime Minister (Chairman of the Government
of the Russian Federation), but he shall have no right to dissolve the State Duma, or call a referendum,
or submit proposals for amendments in or revision of the Constitution. It is also provided that the
next Presidential election shall be held before the expiration of three months from the date of the
early termination of the Presidential office.
Art 93 has the provision of removal of the President by impeachment. He may be charged by the State
Duma for high treason or some grave crime. A resolution to this effect must be passed in the State
Duma by 2/3 majority of the whole House and then approved by the Federation Council in the like
manner. It is required that such a move be initiated by at least 1/3 members of the State Duma that
must be endorsed by a resolution of a special commission set up by it. Before the matter is finally
decided in the Federation Council, it is also necessary that a decision be taken by the Supreme Court

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