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Unit 7: Constitutional Structure: Executive

• A reprieve means postponement of the imposition of penalty, while a pardon is a release from Notes
liability for punishment and may be absolute or conditional. While an absolute or full pardon
absolves the alleged offender of all charges and makes him innocent as if he never committed
the offence, a conditional or partial pardon is subject to certain terms and may be withdrawn
later if these are unfulfilled.
• The financial power of the President covers the area of budget-making. The Budgeting and
Accounting Act of 1921 abolished the executive office meant to assist the President in the
discharge of his responsibilities of a Manager with regard to the expenditure of administrative
agencies and replaced it with a Budget Bureau empowered to supervise the spending activities
of various agencies and to advise the President on steps to be taken to introduce greater economy
and efficiency in administrative services.
• The President of the Fifth Republic of France, as already pointed out, is neither like a
constitutional monarch of Britain, nor is he a replica of the American chief executive; he stands
between the nominal sovereign of the United Kingdom (so far as his theoretical position is
concerned) and the real executive of the United States with a considerably greater amount of
tilt in favour of the latter. The President is the ‘keystone of the arch of the new Republic’—he is
both the symbol and the instrument of reinforced executive authority.”
• The French Constitution provides that the President shall be elected indirectly by an electoral
college for a period of seven now 5 years vide an amendment of 2000 years. The idea of direct
election was rejected in view of the ‘past mistakes’ which had enabled Napoleon I and Napoleon
III to overturn the then democratic governments.
• 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.
• 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.
• 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.
• Apart form executive and legislative powers usually granted to the head of the state in other
democratic countries of the world, the French President has ‘emergency’ powers as well which
leave in his hands a loaded gun to save his nation or finish his opponents in the name of
national unity and security.
• The President is the head of the state as well as of the government, since all business of the
government is conducted in his name and he presides over meetings of the cabinet which
‘determines and directs the policy of the nation’. He appoints the Prime Minister and other
ministers (on the recommendation of the Prime Minister) and terminates their functions when
any one of them tenders his resignation.
• The President has important legislative powers. He promugates the laws within 15 days
following the transmission to the Government of the finally adopted law. Before the expiration
of the time-limit, he may ask the Parliament for the reconsideration of the law or its certain
parts and this recommendation cannot be refused.

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