Union Executive: President, Vice-President

The Union Executive is the branch of the government that carries out the laws and runs the administration at the national level. It consists of the President, the Vice-President, the Prime Minister and the Council of Ministers, and it is assisted by the Attorney General. India follows the Parliamentary system of the British model, in which the President is the nominal head and the real executive power rests with the Council of Ministers headed by the Prime Minister. For the UPSC, this chapter is full of Article numbers, election methods, powers and removal procedures, and it is asked in the Prelims every year. This note explains everything in a simple way, with tables and quick-revision points.

The President of India

Article 52 says that there shall be a President of India, and Article 53 vests the executive power of the Union in the President, who exercises it directly or through officers subordinate to him or her. The President is the head of the State, but not of the government.

Election of the President

The President is elected indirectly under Article 54 by an Electoral College that consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States, including the National Capital Territory of Delhi and the Union Territory of Puducherry (added by the 70th Amendment). The nominated members of Parliament and the members of the Legislative Councils do not take part. The election is held by the system of proportional representation by means of the single transferable vote and by secret ballot (Article 55). The value of the vote of each MLA depends on the population of the State, and the value of each MP's vote is fixed so that the total value of the MPs' votes is equal to the total value of the MLAs' votes. This gives uniformity and parity between the States and the Union.

Qualifications, Term and Vacancy

Impeachment (Article 61)

The President can be removed only for the violation of the Constitution. The charge can be started in either House of Parliament by a resolution signed by at least one-fourth of the total members of that House, after 14 days' notice. The resolution must be passed by a majority of not less than two-thirds of the total membership of the House. Then the other House investigates the charge, and if it also passes the resolution by a two-thirds majority, the President is removed from the date on which the resolution is passed. The nominated members can also vote in the impeachment.

Powers of the President

• Executive: Appoints the Prime Minister, other ministers, Governors, the Chief Justice and judges, the Attorney General, the CAG, Election Commissioners and members of the UPSC.
• Legislative: Summons and prorogues Parliament, dissolves the Lok Sabha, addresses both Houses, nominates 12 members to the Rajya Sabha, and gives assent to bills.
• Ordinance-making (Article 123): Can issue an ordinance when Parliament is not in session; it must be approved by Parliament within 6 weeks of its reassembly.
• Financial: No money bill can be introduced without his or her recommendation; the Contingency Fund is at his or her disposal.
• Judicial (Article 72): Can grant pardon, reprieve, respite, remission or commutation of sentences.
• Military and diplomatic: Supreme Commander of the armed forces; appoints ambassadors and receives foreign envoys.
• Emergency powers: National Emergency (Article 352), President's Rule (Article 356) and Financial Emergency (Article 360).

Veto Power

An ordinary bill passed by Parliament goes to the President, who can give assent, withhold assent (absolute veto) or return it for reconsideration (suspensive veto). If Parliament passes it again, with or without changes, the President must give assent. The pocket veto means that the President keeps the bill pending for an indefinite period, and the Constitution does not give a time limit; it was used in 1986 on the Indian Post Office (Amendment) Bill. The President has no veto over a Constitution Amendment Bill, and cannot return a Money Bill.

The Vice-President of India

Article 63 provides for a Vice-President. He or she is elected by an electoral college of all the members of both Houses of Parliament, both elected and nominated, by proportional representation using the single transferable vote. The qualifications are Indian citizenship, the age of 35, and eligibility to be a Rajya Sabha member. The term is 5 years. The Vice-President is the ex officio Chairman of the Rajya Sabha and has only a casting vote in case of a tie. He or she can be removed by a resolution of the Rajya Sabha passed by an effective majority (a majority of all the then members) and agreed to by the Lok Sabha by a simple majority, after 14 days' notice. The Vice-President can act as the President for a maximum of 6 months.

The Prime Minister and the Council of Ministers

Article 74 says that there shall be a Council of Ministers, headed by the Prime Minister, to aid and advise the President. Article 75 provides that the President appoints the Prime Minister, and the other ministers are appointed by the President on the advice of the Prime Minister. The ministers hold office during the pleasure of the President, but in practice as long as they have the confidence of the Lok Sabha.

The Cabinet is the inner body of senior ministers, who take the main decisions of the government, and it is the real centre of power. The Prime Minister is called the "keystone of the Cabinet arch" and the real head of the government. The Prime Minister leads the Council, recommends the appointment and removal of ministers, chairs the Cabinet, and acts as the link between the President and the Cabinet. The 44th Amendment (1978) made it possible for the President to send back the advice of the Council of Ministers for reconsideration once, but the President must accept the advice given after the reconsideration; the 42nd Amendment had made the advice binding.

Discretionary Situations

The President normally acts on the advice of the ministers. But in some cases, he or she has a discretion, such as when no party has a clear majority and the Prime Minister has to be chosen, when the Council of Ministers loses the confidence of the Lok Sabha, and in sending back the advice once. The Supreme Court in Shamsher Singh v. State of Punjab (1974) held that the President is a constitutional head and has to act on the advice of the ministers.

Attorney General and Cabinet Committees

The Attorney General of India (Article 76) is the highest law officer of the Government. He or she is appointed by the President, must be qualified to be a judge of the Supreme Court, has the right to speak in the Parliament without the right to vote, and holds office during the pleasure of the President. The Cabinet works through Cabinet Committees, which are set up by the Prime Minister, such as the Appointments Committee of the Cabinet and the Cabinet Committee on Security. They reduce the workload of the Cabinet and allow a detailed study of the matters. The Cabinet Secretariat, under the Cabinet Secretary, who is the senior-most civil servant, assists in the coordination, and the Prime Minister's Office provides the secretarial help to the Prime Minister.

Quick Revision

• President: Articles 52 to 62; elected by the electoral college with STV; 35 years; term 5 years; impeached for violation of the Constitution by a two-thirds majority.
• Ordinance: Article 123; must be approved within 6 weeks of Parliament's reassembly.
• Vice-President: Article 63; Chairman of the Rajya Sabha; elected by both Houses including nominated members.
• Prime Minister and Council: Articles 74 and 75; collective responsibility to the Lok Sabha; 15 per cent limit on the size.

Continue with our Parliament of India notes and the Fundamental Rights notes.

Frequently Asked Questions (FAQ)

Who elects the President of India?

The President is elected by an electoral college of the elected members of both Houses of Parliament and the elected members of the State Legislative Assemblies, including Delhi and Puducherry.

What is the term of the President?

The term is 5 years, and the President can be re-elected.

What is the minimum age to become the President?

The minimum age is 35 years.

How can the President be removed?

The President can be removed by impeachment for the violation of the Constitution, by a two-thirds majority in both Houses (Article 61).

What is the pocket veto?

In a pocket veto, the President keeps a bill pending without a decision for an indefinite time, since there is no time limit in the Constitution.

Under which Article can the President issue an ordinance?

Article 123 allows the President to issue an ordinance when Parliament is not in session.

Who elects the Vice-President?

All the members of both Houses of Parliament, elected and nominated, elect the Vice-President.

Who is the ex officio Chairman of the Rajya Sabha?

The Vice-President is the ex officio Chairman of the Rajya Sabha.

What is the collective responsibility of ministers?

It means that the Council of Ministers is collectively responsible to the Lok Sabha, and all ministers must resign if it loses the confidence of the House.

What did the 91st Amendment do?

It limited the size of the Council of Ministers to 15 per cent of the strength of the Lok Sabha (or of the State Assembly).

What can a minister who is not an MP do?

He or she can stay in the post for 6 months and must become a member of either House of Parliament within that time.

Is the President bound by the advice of the Council of Ministers?

Yes. The President must act on the advice, but may send it back once for reconsideration, as per the 44th Amendment.