Polity · topic 4 of 11
President, Vice-President, PM & Union Executive
Articles 52–78. The whole chapter turns on one idea: power is VESTED in the President but EXERCISED on the advice of the Council of Ministers. Most wrong options quietly give the PM what the text gives the President, or the reverse.
The President
| Item | Rule |
|---|---|
| Election (Art. 54) | Electoral college: elected MPs + elected MLAs of States, Delhi and Puducherry (70th Amendment). NOT nominated members, NOT MLCs |
| Method (Art. 55) | Proportional representation by single transferable vote, secret ballot; value of an MLA’s vote varies by State population (1971 census) |
| Qualifications (Art. 58) | Citizen · 35 years · qualified for the Lok Sabha · no office of profit |
| Term | 5 years; can be re-elected (no limit in India) |
| Disputes | Decided by the Supreme Court only; acts done before a void election stay valid (Art. 71) |
| Impeachment (Art. 61) | “Violation of the Constitution”; either House starts, 14 days’ notice signed by 1/4 of members; 2/3 of TOTAL membership of each House. Nominated MPs vote; MLAs do not |
| Vacancy | Election within 6 months; the Vice-President acts meanwhile |
Powers of the President
| Power | Key point |
|---|---|
| Executive | All action in his name (Art. 77); appoints PM, ministers, AG, CAG, CEC, Governors, judges, FC, UPSC chairman |
| Legislative | Summons, prorogues Parliament, dissolves the Lok Sabha; joint sitting (Art. 108); nominates 12 to the Rajya Sabha; prior recommendation for money bills, new States |
| Ordinance (Art. 123) | Only when a House is not in session; lapses 6 weeks after reassembly; can be retrospective; cannot amend the Constitution or abridge FRs |
| Veto | Absolute (withhold) · suspensive (return once; not money bills) · pocket (no time limit — used by Zail Singh, Postal Bill 1986). No veto on constitutional amendment bills (24th Amendment) |
| Pardon (Art. 72) | Pardon, commute, remit, respite, reprieve — Union-law offences, court-martial, death sentences. On Cabinet advice; limited judicial review |
| Emergency | Arts. 352, 356, 360 — on the Cabinet’s written advice for 352 (44th Amendment) |
| Advisory (Art. 143) | May refer questions to the Supreme Court; the opinion is not binding |
Vice-President
- Elected by all members of both Houses (nominated included; no MLAs) — Art. 66.
- Ex-officio Chairman of the Rajya Sabha; draws salary as Chairman.
- Removal: resolution of the Rajya Sabha by effective majority, agreed to by the Lok Sabha; 14 days’ notice. No grounds are stated.
- Election disputes go to the Supreme Court.
PM and Council of Ministers
| Rule | Article |
|---|---|
| PM appointed by the President; other ministers on the PM’s advice | 75(1) |
| Size of the Council ≤ 15% of Lok Sabha strength (91st Amendment, 2003) | 75(1A) |
| Ministers hold office during the President’s pleasure | 75(2) |
| Collectively responsible to the LOK SABHA | 75(3) |
| A non-member can be minister for 6 months | 75(5) |
| Advice binds the President (42nd, 44th Amendments); he may send it back once | 74(1) |
| Advice given cannot be inquired into by any court | 74(2) |
| PM must inform the President of decisions and legislative proposals | 78 |
| Ranks (Cabinet, MoS, Deputy) are NOT in the Constitution — only “Council of Ministers” | — |
Attorney General (Art. 76)
- Appointed by the President; qualified to be a SC judge; holds office during the President’s pleasure (no fixed term).
- Right of audience in all courts; can speak in either House or a committee, but cannot vote (Art. 88).
- Not a member of the Cabinet; not a full-time government servant; may do private practice (not against the Government).
Traps UPSC sets
| The wrong idea | What is actually true |
|---|---|
| Executive power of the Union is vested in the PM | In the President (Art. 53). |
| Council of Ministers is responsible to Parliament | To the Lok Sabha (75(3)). |
| Nominated MPs vote in the presidential election | No. But they DO vote in the VP election and in impeachment. |
| The President can pardon on his own | On the Cabinet’s advice (Maru Ram 1980). |
| The Governor can pardon a death sentence | Only the President can; the Governor can commute it. |
| Cabinet is mentioned in the original Constitution | The word came only with the 44th Amendment, in Art. 352. |
For Mains
GS 2: discretion of the President (hung Parliament, pocket veto), ordinance raj (Krishna Kumar Singh 2017), mercy petitions and delay (Shatrughan Chauhan 2014), and collective responsibility in coalition times.
Real PYQs on this topic, solved
UPSC 2025 · Newest PYQ · Ordinances
With reference to the Indian polity, consider the following statements:
- An Ordinance can amend any Central Act. — ✓
- An Ordinance can abridge a Fundamental Right. — ✗
- An Ordinance can come into effect from a back date. — ✓
Answer (c): I and III only
Remember: Ordinance = Act of Parliament for force and limits · can amend Acts · retrospective · cannot abridge FRs · cannot amend the Constitution.
UPSC 2025 · Newest PYQ · Pardon
Consider the following statements with regard to pardoning power of the President of India:
- The exercise of this power by the President can be subjected to limited judicial review. — ✓
- The President can exercise this power without the advice of the Central Government. — ✗
Answer (a): I only
Remember: Art. 72 (President) > Art. 161 (Governor): only the President — court-martial + pardon of death sentence. Both act on advice; both reviewable on narrow grounds.
UPSC 2015 · Executive power
Consider the following statements:
- The Executive Power of the Union of India is vested in the Prime Minister. — ✗
- The Prime Minister is the ex-officio Chairman of the Civil Services Board. — ✗
Answer (d): Neither 1 nor 2
Remember: Vested in the President (53) · exercised on advice of the CoM (74) · actions in the President’s name (77) · Civil Services Board = Cabinet Secretary.
UPSC 2014 · Business rules · Art. 77
Consider the following statements:
- The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. — ✓
- All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister. — ✗
Answer (a): 1 only
Remember: Art. 77 (Union) / Art. 166 (State): action in the President’s/Governor’s name · Business Rules by the President/Governor.
UPSC 2013 · Council of Ministers
Consider the following statements:
- The Council of Ministers in the Centre shall be collectively responsible to the Parliament. — ✗
- The Union Ministers shall hold the office during the pleasure of the President of India. — ✓
- The Prime Minister shall communicate to the President about the proposals for legislation. — ✓
Answer (b): 2 and 3 only
Remember: CoM → Lok Sabha collectively (75(3)) · Ministers → President’s pleasure (75(2)) · PM → duty to inform the President (78).