- The Union Executive (Part V, Articles 52–78) consists of the President, the Vice-President, the Prime Minister and Council of Ministers, and the Attorney General.
- India has a parliamentary system: the President is the nominal head and acts on the advice of the Council of Ministers (Article 74); the Prime Minister is the real head of government.
- The State Executive (Part VI, Articles 153–167) mirrors this, with the Governor as nominal head and the Chief Minister as real head.
The President
| Topic | Article | Key points |
|---|---|---|
| Election | 54–55 | Indirectly elected by an electoral college of the elected members of both Houses of Parliament and of the Legislative Assemblies of all states, Delhi and Puducherry, by proportional representation with a single transferable vote. Nominated members and members of Legislative Councils do not vote |
| Qualifications | 58 | Citizen of India, at least 35 years old, qualified to be a Lok Sabha member, holding no office of profit |
| Term | 56 | Five years; can be re-elected any number of times. Resignation is addressed to the Vice-President |
| Impeachment | 61 | For "violation of the Constitution"; needs a two-thirds majority of the total membership of each House. Nominated members can vote; state legislators cannot |
| Pardoning power | 72 | Can pardon, commute, remit, respite or reprieve sentences, including death sentences and court-martial sentences |
| Ordinances | 123 | Issued only when Parliament (or a House) is not in session; lapse six weeks after Parliament reassembles unless approved |
The President's Vetoes
- Absolute veto — withholds assent, and the bill ends. Used for private members' bills or when a government changes before assent.
- Suspensive veto — returns the bill for reconsideration; if Parliament passes it again, with or without changes, the President must assent. Not available for Money Bills.
- Pocket veto — simply keeps the bill pending, since the Constitution sets no time limit. Used by President Zail Singh on the Indian Post Office (Amendment) Bill in 1986.
- For Constitutional Amendment Bills, the President has no veto — the 24th Amendment (1971) made assent compulsory.
President's min. age35
ImpeachmentArticle 61
OrdinanceArticle 123
Pardon (Union)Article 72
Ministers cap15% of Lok Sabha
Governor's pardonArticle 161
The Vice-President
- Elected by an electoral college of all members of both Houses of Parliament — including nominated members — but not state legislators (Article 66).
- Is the ex-officio Chairman of the Rajya Sabha (Article 64) and acts as President when the office falls vacant, for a maximum of six months.
- Removed by a resolution of the Rajya Sabha passed by an effective majority and agreed to by the Lok Sabha; no grounds are stated.
Prime Minister and Council of Ministers
- The President appoints the PM and, on the PM's advice, other ministers (Article 75). The Council of Ministers is collectively responsible to the Lok Sabha.
- The 91st Amendment (2003) capped the Council of Ministers, including the PM, at 15% of the Lok Sabha's strength (and 15% of the Assembly in states, with a minimum of 12).
- A non-member can be a minister for six months, by which time they must be elected to Parliament.
- Three ranks: Cabinet ministers, Ministers of State (some with independent charge) and Deputy Ministers. The word "Cabinet" entered the Constitution only through the 44th Amendment (1978), in Article 352.
Attorney General (Article 76)
The highest law officer of the Union, appointed by the President and holding office at the President's pleasure. Must be qualified to be a Supreme Court judge. Has the right to speak in both Houses of Parliament but cannot vote. The state equivalent is the Advocate General (Article 165).
Governor vs President
| Point | President | Governor |
|---|---|---|
| Selection | Elected by an electoral college | Appointed by the President (Article 155) and holds office at the President's pleasure |
| Minimum age | 35 | 35 |
| Pardoning | Article 72 — includes death sentences and court-martial | Article 161 — cannot pardon a death sentence (only commute or suspend) or court-martial sentences |
| Ordinances | Article 123 | Article 213 |
| Bills | Assent, withhold or return | Can also reserve a bill for the President's consideration (Article 200) |
| Discretion | Very limited | Constitutional discretion under Article 163 — e.g., reporting for President's Rule (Article 356) |
The 7th Amendment (1956) allowed one person to be Governor of two or more states. The Chief Minister is appointed by the Governor and is collectively responsible, with the state Council of Ministers, to the Legislative Assembly (Article 164).
- "Who does NOT take part in…": nominated MPs do not vote for the President but do vote for the Vice-President.
- Article ↔ power: 72 (pardon), 123 (ordinance), 61 (impeachment), 74 (advice of ministers), 163 (Governor's discretion).
- Veto types: which veto is unavailable for Money Bills (suspensive) and which was used in 1986 (pocket).
Q1. Who among the following does NOT take part in the election of the President of India?
✅ Answer: (c) Nominated members of the Rajya Sabha
💡 Explanation: Only elected members vote; nominated members are excluded.
Q2. The President can issue an ordinance under:
✅ Answer: (b) Article 123
💡 Explanation: Article 123 gives the President ordinance-making power when Parliament is not in session.
Q3. The size of the Council of Ministers was limited to 15% of the Lok Sabha by the:
✅ Answer: (a) 91st Amendment
💡 Explanation: The 91st Amendment (2003) introduced the 15% cap.
Q4. A Governor CANNOT:
✅ Answer: (d) Pardon a death sentence
💡 Explanation: Under Article 161 a Governor can commute or suspend but cannot pardon a death sentence; only the President can.
Q5. The President's resignation letter is addressed to the:
✅ Answer: (c) Vice-President
💡 Explanation: Under Article 56, the President resigns by writing to the Vice-President.
🔁 Revise in 60 Seconds
- President: elected MPs + MLAs (incl. Delhi, Puducherry); 35 yrs; 5-yr term; impeachment Art 61.
- Art 72 pardon, Art 123 ordinance, Art 74 advice; vetoes: absolute, suspensive, pocket (none for amendments).
- VP: all MPs (incl. nominated); Rajya Sabha Chairman.
- 91st Amendment: ministers ≤ 15% of Lok Sabha; Governor: Art 155 appointment, 161 pardon, 213 ordinance.
📌 Prelims Traps to Avoid
- ✘ The President is elected by elected MLAs, but Legislative Council members do not vote.
- ✘ There is no suspensive veto for Money Bills.
- ✘ The Governor cannot pardon a death sentence.
How is the President of India elected?
By an electoral college of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all states and the Union Territories of Delhi and Puducherry, using proportional representation by single transferable vote.
What is the difference between the pardoning powers of the President and the Governor?
The President (Article 72) can pardon death sentences and court-martial sentences. The Governor (Article 161) cannot pardon a death sentence — only commute or suspend it — and has no power over court-martial sentences.