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Quick recap: the Union Executive on one page
Both parts of the Union Executive condensed for quick revision: the President's election, removal, powers, veto, ordinances and pardon; the Vice-President; the Prime Minister and Council of Ministers; and the Attorney General, with an at-a-glance table and eight mixed questions.
Article 53 vests the executive power of the Union in the President, but the President acts on ministerial advice in a parliamentary system. The President is elected by an electoral college of the elected members of both Houses of Parliament and of the State Legislative Assemblies, including Delhi and Puducherry (70th Amendment, 1992), by the single transferable vote and secret ballot. Votes are weighted for uniformity among States and parity with the Union, on 1971 population until the first census after 2026. A candidate must be a citizen, 35 years old, qualified for the Lok Sabha and free of any office of profit; the oath is taken before the Chief Justice of India, the term is five years, and election disputes go to the Supreme Court (Article 71).
impeachment under Article 61 is the only way to remove a President, for violation of the Constitution, by two-thirds of the total membership of each House after 14 days' notice; nominated MPs take part and State MLAs do not. A vacancy must be filled within six months, and meanwhile the Vice-President acts, or the Chief Justice of India if both offices are vacant (1969 Act). Under Article 111 the President may assent, withhold assent or return a non-Money Bill once, giving absolute, suspensive and, because no time limit is set, pocket vetoes, but no qualified veto; assent to a Constitution Amendment Bill is compulsory (24th Amendment). An ordinance under Article 123 can be issued when either House is not in session and lapses six weeks after Parliament reassembles; D.C. Wadhwa (1987) condemned repeated re-promulgation and Krishna Kumar Singh (2017) allowed judicial review.
Article 72 lets the President grant a pardon, commutation, remission, respite or reprieve for court-martial sentences, offences against Union laws and every death sentence; the Governor's power under Article 161 has no court-martial clause. The power is used on ministerial advice (Maru Ram, 1980), with no right to an oral hearing (Kehar Singh) and limited judicial review (Epuru Sudhakar, 2006). Article 74 shows where real power lies: the Council of Ministers headed by the Prime Minister aids and advises the President, the advice is binding (42nd Amendment, 1976), the President may send it back once for reconsideration (44th Amendment, 1978), and courts cannot inquire into it (Article 74(2)). Samsher Singh (1974) confirmed that the President is a constitutional head, with only a small situational discretion.
The Vice-President is the ex officio Chairman of the Rajya Sabha and is elected by all members of both Houses of Parliament, nominated members included but State legislators excluded, by the single transferable vote (Article 66). The candidate must be a citizen, 35 years old and qualified for the Rajya Sabha; the oath is before the President and the term is five years. Removal under Article 67 is by a Rajya Sabha resolution passed by a majority of all its then members and agreed to by the Lok Sabha, after 14 days' notice, with no ground stated. When acting as President under Article 65, the Vice-President has the President's powers and emoluments but does not preside over the Rajya Sabha, and acts only until a new President is elected.
The Prime Minister is appointed by the President under Article 75(1), normally as the leader of the Lok Sabha majority, and may come from either House; a non-member, like any minister, must enter Parliament within six months (Article 75(5); S.R. Chaudhuri, 2001). Article 78 obliges the Prime Minister to keep the President informed. The Council of Ministers has Cabinet Ministers, Ministers of State and Deputy Ministers; the 91st Amendment (2003) caps it at 15 per cent of the Lok Sabha and bars ministers disqualified for defection. Under Article 75(3) it bears collective responsibility to the Lok Sabha alone, so a no-confidence vote removes the whole Council, while each minister holds office during the President's pleasure. Business runs under Article 77 and the Allocation and Transaction of Business Rules of 1961.
| Office | Chosen by | Oath before | Term | Removal |
|---|---|---|---|---|
| President | Elected MPs and MLAs (Art 54) | Chief Justice of India | 5 years | Impeachment (Art 61) |
| Vice-President | All MPs, nominated included (Art 66) | President | 5 years | Rajya Sabha resolution agreed to by the Lok Sabha (Art 67) |
| Prime Minister | Appointed by the President (Art 75(1)) | President | While the Lok Sabha's confidence lasts | Loss of confidence of the Lok Sabha |
| Other ministers | President on the Prime Minister's advice | President | During the President's pleasure | Dismissal on the Prime Minister's advice; collective fall |
| Attorney General | Appointed by the President (Art 76) | No oath prescribed in Art 76 | During the President's pleasure | By the President |
The Attorney General (Article 76) is appointed by the President from among persons qualified to be Supreme Court judges, holds office during the President's pleasure with no fixed term, advises the Government of India on legal matters, has the right of audience in all courts, and may speak in either House or a committee without a vote (Article 88). Seen as a whole, the Union executive keeps a fixed-term, indirectly elected head of state above party politics, while the day-to-day power of government rests with ministers who must keep the confidence of the elected House.
Exam traps
- Nominated MPs: no vote for the President but a vote for the Vice-President, and a part in the President's impeachment.
- State MLAs elect the President but take no part in impeachment and have no vote for the Vice-President.
- The President's oath is before the Chief Justice of India; the Vice-President's and ministers' oaths are before the President.
- Impeachment of the President needs two-thirds of the total membership of each House; the Vice-President is removed by a Rajya Sabha resolution agreed to by the Lok Sabha.
- An ordinance lapses six weeks after Parliament reassembles; a Money Bill cannot be returned; assent to a Constitution Amendment Bill is compulsory.
- Only the President can pardon a court-martial sentence; the Governor cannot.
- The 15 per cent cap on ministers is counted against the Lok Sabha and includes the Prime Minister.
- Collective responsibility is to the Lok Sabha only; the Attorney General has no fixed term and no vote in Parliament.
Recap
- Article 53: executive power vested in the President, exercised on ministerial advice (Article 74).
- President: elected by elected MPs and MLAs (Delhi and Puducherry included) by single transferable vote; 35 years; Lok Sabha qualification.
- Impeachment (Art 61): violation of the Constitution, two-thirds of total membership of each House.
- Vetoes: absolute, suspensive and pocket, no qualified veto; ordinances (Art 123) lapse six weeks after reassembly.
- Pardon (Art 72): court-martial, Union-law offences and all death sentences, on ministerial advice.
- Vice-President: elected by all MPs; Chairman of the Rajya Sabha; removed by Rajya Sabha resolution agreed to by the Lok Sabha.
- Prime Minister and Council of Ministers: 15% cap (91st Amendment), collective responsibility to the Lok Sabha (Art 75(3)).
- Attorney General (Art 76): during pleasure, right of audience in all courts, speaks in Parliament without a vote.
Practice questions
Q1. Consider the following statements:
1. Nominated members of Parliament take part in the impeachment of the President.
2. Nominated members of Parliament vote in the election of the President.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: A. 1 only
Impeachment is by the Houses of Parliament, so all members, nominated ones included, take part: statement 1 is correct. Article 54 gives the vote only to elected members, so statement 2 is wrong. Hence '2 only', 'both' and 'neither' are wrong.
Q2. Which one of the following types of veto is NOT available to the President of India over bills passed by Parliament?
- Absolute veto
- Suspensive veto
- Pocket veto
- Qualified veto
Show answer
Answer: D. Qualified veto
A qualified veto, which Parliament could override only by a higher majority, does not exist in India. The President can withhold assent (absolute), return a non-Money Bill once (suspensive, overridden by an ordinary majority) and, since no time limit is set, keep a bill pending (pocket).
Q3. Which of the following can be pardoned only by the President and not by the Governor of a State?
- A sentence for an offence against a State law
- A sentence passed by a court-martial
- A sentence of imprisonment for one year
- A sentence of fine under a State law
Show answer
Answer: B. A sentence passed by a court-martial
Article 72(1)(a) gives the President power over court-martial sentences, and Article 161 gives the Governor no such power. Sentences for offences against State laws, including imprisonment or a fine, fall within the Governor's power, so the other options are wrong.
Q4. Consider the following statements about the Vice-President of India:
1. A resolution for the removal of the Vice-President can be moved only in the Rajya Sabha.
2. To be elected Vice-President, a person must be qualified for election as a member of the Lok Sabha.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: A. 1 only
Statement 1 is correct: Article 67(b) requires a resolution of the Council of States, which the Lok Sabha then agrees to. Statement 2 is wrong: Article 66(3) requires qualification for the Rajya Sabha; the Lok Sabha test applies to the President. So '2 only', 'both' and 'neither' are wrong.
Q5. An ordinance promulgated under Article 123 can be issued:
- Only when both Houses of Parliament are in session
- At any time except when both Houses are in session
- Only during a national emergency
- Only after the Lok Sabha is dissolved
Show answer
Answer: B. At any time except when both Houses are in session
Article 123(1) allows an ordinance at any time except when both Houses are in session, so one House being out of session is enough. It does not require an emergency or a dissolved Lok Sabha, and it cannot be made while both Houses are sitting.
Q6. Match List I with List II:
List I (Case)
A. Samsher Singh v. State of Punjab (1974)
B. D.C. Wadhwa v. State of Bihar (1987)
C. S.R. Chaudhuri v. State of Punjab (2001)
D. Epuru Sudhakar (2006)
List II (Holding)
1. Repeated re-promulgation of ordinances is a fraud on the Constitution
2. A non-member cannot be re-appointed minister again and again without being elected
3. The President and Governors are constitutional heads acting on advice
4. Pardon decisions are open to limited judicial review
Select the correct answer using the code given below:
- A-3, B-1, C-2, D-4
- A-1, B-3, C-2, D-4
- A-3, B-2, C-1, D-4
- A-3, B-1, C-4, D-2
Show answer
Answer: A. A-3, B-1, C-2, D-4
Samsher Singh settled the constitutional-head position, D.C. Wadhwa condemned re-promulgated ordinances, S.R. Chaudhuri barred repeated re-appointment of non-member ministers, and Epuru Sudhakar allowed limited review of pardons. The second code swaps Samsher Singh and Wadhwa, the third swaps Wadhwa and Chaudhuri, and the fourth swaps Chaudhuri and Epuru Sudhakar.
Q7. Consider the following statements:
1. The Council of Ministers is collectively responsible to both Houses of Parliament.
2. The total number of ministers, including the Prime Minister, cannot exceed 15 per cent of the total number of members of the Lok Sabha.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: B. 2 only
Statement 1 is wrong: Article 75(3) makes the Council responsible to the House of the People only. Statement 2 is correct under Article 75(1A), added by the 91st Amendment. So '1 only', 'both' and 'neither' are wrong.
Q8. Which one of the following statements about the Attorney General for India is correct?
- The Attorney General is a member of the Union Cabinet
- The Attorney General can vote in the Lok Sabha
- The Attorney General has the right of audience in all courts in India
- The Attorney General is appointed for a fixed term of six years
Show answer
Answer: C. The Attorney General has the right of audience in all courts in India
Article 76(3) gives the Attorney General the right of audience in all courts in India. The Attorney General is not a minister or Cabinet member, may speak in Parliament but cannot vote (Article 88), and holds office during the President's pleasure rather than for a fixed term.
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- Constitution of India, Part V, Chapter I (Articles 52–78) and Articles 88, 111, 123, 161 and 164(1A) — https://legislative.gov.in/constitution-of-india/
- Presidential and Vice-Presidential Elections Act, 1952; President (Discharge of Functions) Act, 1969; Constitution (Twenty-fourth) Amendment Act, 1971; (Forty-second) 1976; (Forty-fourth) 1978; (Seventieth) 1992; (Ninety-first) 2003; Government of India (Allocation of Business) and (Transaction of Business) Rules, 1961 — https://www.indiacode.nic.in
- Supreme Court of India: Samsher Singh v. State of Punjab (1974); Maru Ram v. Union of India (1980); D.C. Wadhwa v. State of Bihar (1987); Kehar Singh v. Union of India; S.R. Chaudhuri v. State of Punjab (2001); Epuru Sudhakar v. Government of Andhra Pradesh (2006); Krishna Kumar Singh v. State of Bihar (2017) — https://digiscr.sci.gov.in
- Lok Sabha records of Prime Ministers and no-confidence motions — https://sansad.in