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The Union Executive: The President and Vice-President | ICSE Class 10 History & Civics Notes

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This note covers the President and Vice-President of India, their qualifications, elections, terms of office, removal, powers, constitutional position, and the effects of the three kinds of emergency.

What is the President's place in the Union Executive?

The executive is the organ of government responsible for implementing laws and policies and carrying out administration. The Union means the national level of government. The legislature makes laws, while the judiciary interprets laws and administers justice.

India has a parliamentary system: the government depends on the support of the majority in the legislature. At the national level, the President is the formal Head of State, representing the country, while the Prime Minister is the Head of Government, directing its administration.

Who exercises effective executive power?

The Council of Ministers is the body of ministers headed by the Prime Minister. It runs the national government. The Constitution, the country's fundamental framework of government, formally vests Union executive power in the President, but these powers are exercised through the Council of Ministers.

Parliament is the Union legislature. Its two Houses are the Lok Sabha, or House of the People, and the Rajya Sabha, or Council of States. The Prime Minister and Council of Ministers depend on majority support in the Lok Sabha.

Definition: A nominal executive is the formal holder of executive authority. The real executive is the body that actually directs government policy and administration. In India, this distinction separates the President's position from that of the Prime Minister and Council of Ministers.

How does ministerial advice limit the President?

An Article is a numbered provision of the Constitution. Article 74(1) provides for a Council of Ministers to aid and advise the President. The President may ask it to reconsider its advice but must act on the advice given after reconsideration.

For the most part, the President is a formal power holder and ceremonial head of the nation. A fixed presidential term provides continuity even when a Council of Ministers loses parliamentary support and another government must be formed.

Who can become President, and why is the election indirect?

What qualifications are required?

Article 58 sets out the main presidential qualifications. A candidate must be an Indian citizen, have completed 35 years of age, and be qualified for election to the Lok Sabha. The candidate must not hold a disqualifying office of profit.

An office of profit is a government-connected office carrying financial benefit that can disqualify its holder. For presidential eligibility, holding office as President, Vice-President, Governor (the constitutional head of a State) or Union or State minister does not itself count as holding an office of profit.

Who belongs to the Electoral College?

An Electoral College is the body entitled to elect a particular office holder. Under Article 54, the presidential Electoral College includes elected members of both Houses of Parliament and elected members of the State Legislative Assemblies, including those of Delhi and Puducherry.

A Legislative Assembly is the directly elected House of a State legislature or of a Union Territory with such an Assembly. A Union Territory is an administrative territory governed by the Union, although some have elected legislatures. Delhi and Puducherry are Union Territories. Nominated members, who are appointed rather than elected, do not participate in the presidential election.

Members of State Legislative Councils, the upper Houses in States that have them, are also excluded. The distinction is therefore between elected parliamentary and Assembly members on one side, and nominated members and Legislative Council members on the other.

How and why is this election held?

The election follows proportional representation by means of the single transferable vote, using a secret ballot. Electors rank candidates by preference; votes can transfer according to later preferences during counting. A secret ballot keeps an elector's choice confidential.

Presidential votes have assigned values designed to balance representation among States and between the States and the Union. This is not a nationwide direct vote by ordinary citizens, nor simply a count in which every elector has an identical vote value.

Indirect election means that representatives, rather than the people voting directly for that office, choose the President. It fits the President's position as constitutional head in a parliamentary system. A separate direct popular mandate could create competition with the government responsible to the Lok Sabha.

Including representatives from the States also reflects India's federal structure, in which governmental powers are divided between the Union and the States. Thus, both the parliamentary system and the federal structure help explain the design of the election.

How long does the President serve, and how can the President be removed?

What is the ordinary term?

The President serves a five-year term from entering office and is eligible for re-election. The President may resign by addressing a written resignation to the Vice-President. The President continues after the term expires until the successor enters office.

A vacancy means that an office has no regular holder. If death, resignation, removal or another cause creates a presidential vacancy, an election must be held within six months. The newly elected President receives a full five-year term.

What is impeachment?

Impeachment is the constitutional procedure for removing the President for violation of the Constitution. Article 61 lays down the procedure. It is different from a government losing the confidence, or support, of the Lok Sabha.

  1. Initiating the charge: Either House of Parliament may begin proceedings. At least one-fourth of that House's total membership must sign the written notice proposing the charge.
  2. Giving notice: At least fourteen days' notice must be given before the resolution proposing the charge is moved.
  3. Passing the first resolution: The initiating House must support it by at least two-thirds of its total membership.
  4. Investigating: The other House investigates the charge, or causes it to be investigated. The President has the right to appear and to be represented.
  5. Deciding removal: If the investigating House sustains the charge by at least two-thirds of its total membership, the President is removed from the date that resolution is passed.

Note: Total membership is the full membership of the House. It is not the same as members present and voting, which counts those attending who actually cast a vote. The two-thirds threshold in impeachment refers to total membership.

The two Houses have separate tasks in this process: one initiates the charge and the other investigates it. State Legislative Assemblies help elect the President but do not participate in impeachment. Nominated members of Parliament can participate in impeachment, although they cannot vote in the presidential election.

What are the President's executive powers?

Executive powers concern the administration of government and the appointments through which it functions. Union executive action is formally taken in the President's name. This formal authority must be read alongside the requirement to act on ministerial advice.

Which appointments does the President make?

The President appoints the Prime Minister. Normally, a leader who has the support of the majority in the Lok Sabha is appointed. The President appoints the other ministers on the Prime Minister's advice. These appointments connect the formal executive to the government with parliamentary support.

Other important presidential appointments include State Governors, the Chief Justice and other judges of the Supreme Court, and judges of the High Courts. The Supreme Court is India's highest court; a High Court is the highest court for a State or group of States and Union Territories.

The President also appoints the Attorney-General, the Union government's chief legal adviser, and the Comptroller and Auditor-General, who audits public accounts. These are constitutional offices with distinct responsibilities, not members of the Council of Ministers merely because the President appoints them.

What are the military and diplomatic functions?

The President is the Supreme Commander of India's armed forces. The exercise of this command is regulated by law. The title does not give the President an independent power to conduct military policy outside the parliamentary system.

Diplomatic functions concern relations with other countries. The President appoints India's diplomatic representatives and receives the credentials, or formal authorisation documents, of foreign diplomatic representatives. International treaties and agreements are concluded in the President's name, subject to constitutional requirements.

These functions show the breadth of the office without making it the real executive. Distinguish the person in whose name a formal act occurs from the ministers who make policy and remain responsible for the conduct of government.

How does the President participate in law-making?

Legislative powers are powers relating to the making of laws and the functioning of Parliament. The President forms part of Parliament along with its two Houses. A Bill is a proposed law; presidential assent is the formal approval needed for its enactment.

What powers concern parliamentary proceedings?

The President summons Parliament, meaning calls it to meet, and prorogues it, meaning formally ends a session. A session is a period during which a House meets to conduct business. The President can dissolve the Lok Sabha, ending that House's term.

The President does not dissolve the Rajya Sabha, which is a continuing House. The President addresses both Houses assembled together after each general election to the Lok Sabha and at the beginning of the first session each year, explaining the government's programme.

What happens when a Bill reaches the President?

The President may assent to a Bill or withhold assent. A Bill other than a Money Bill, which deals exclusively with specified financial matters such as taxation and government borrowing, may be returned for reconsideration. This return power does not apply to a Money Bill.

If Parliament passes the returned Bill again, with or without amendments, the President must give assent. An amendment is a change to a text. A constitutional amendment Bill, which changes the Constitution itself, must receive presidential assent after being duly passed.

What is an ordinance?

An ordinance is a temporary law promulgated, or formally issued, by the President under Article 123. It may be issued when both Houses of Parliament are not simultaneously in session and circumstances require immediate action.

An ordinance has the same force as an Act of Parliament, meaning a law enacted by Parliament. It must be laid before both Houses and ceases to operate six weeks after Parliament reassembles. Parliamentary legislation is needed to continue its provisions as law. It can also be withdrawn or disapproved earlier.

Note: When the two Houses reassemble on different dates, the six weeks are counted from the later date. The ordinance power provides temporary action between parliamentary sittings; it does not remove the need for parliamentary scrutiny.

What are the President's financial and judicial powers?

How does the President participate in financial business?

Financial powers concern public money, taxation and expenditure. A Money Bill cannot be introduced in the Lok Sabha without the President's recommendation. A recommendation authorises the Bill's introduction; assent is a separate stage after the parliamentary process.

The President causes the Annual Financial Statement, commonly called the Union Budget, to be laid before Parliament. It states the government's estimated receipts and expenditure. A demand for a grant, a request for parliamentary approval of expenditure, requires presidential recommendation.

The Contingency Fund of India provides advances for unforeseen expenditure pending parliamentary authorisation. It is placed at the President's disposal. This arrangement allows urgent expenditure to be met while retaining the requirement of subsequent parliamentary approval.

The President also constitutes the Finance Commission, a constitutional body that recommends how specified financial resources should be distributed between the Union and the States. It is constituted every five years, or earlier if the President considers this necessary.

What does the power of clemency mean?

Clemency means relief from punishment. Under Article 72, the President has clemency powers in cases involving punishment by a court martial, offences against laws within Union executive authority, and death sentences. A court martial is a military court.

Form of clemencyMeaning
PardonRemoves the punishment and associated legal disabilities arising from the conviction.
CommutationSubstitutes a less severe form of punishment for a more severe one.
RemissionReduces the amount or duration of punishment without changing its character.
RespiteAwards a lesser punishment because of special circumstances affecting the offender.
ReprieveTemporarily postpones the execution of a sentence, especially a death sentence.

These forms of relief are distinct. Reducing the duration of a sentence is remission; changing its nature is commutation. Clemency is an executive constitutional power exercised on ministerial advice. It does not make the President a court hearing an ordinary appeal.

The President may also seek the Supreme Court's advisory opinion, or legal advice, under Article 143 on a question of law or fact of public importance. Seeking such advice is different from granting relief from a sentence.

When can the President exercise discretion?

Discretion means using judgement when the constitutional or political situation leaves room for a choice. In most cases, the President has to follow ministerial advice. Nevertheless, the office has certain opportunities to seek reconsideration and resolve uncertainty about government formation.

How can the President seek information and reconsideration?

The President has the right to be informed about important matters and deliberations of the Council of Ministers. The Prime Minister must supply information that the President calls for. The President often writes to the Prime Minister and expresses views on matters confronting the country.

The President can ask ministers to reconsider advice thought to contain flaws or legal gaps, or to be against the country's interests. The Council may repeat its advice, after which it becomes binding. The opportunity to question advice is therefore real but limited.

How does discretion operate over Bills?

A veto is the power to withhold or refuse assent to a Bill. Returning an ordinary Bill allows Parliament to reconsider it, but the President must assent if it is passed again. An ordinary Bill concerns general legislation; it is not a Money Bill or a constitutional amendment Bill.

The Constitution does not specify a time limit for presidential action on an ordinary Bill. Keeping it pending without a decision is sometimes referred to as a pocket veto. This differs from returning it, because Parliament has not yet received it back for reconsideration.

What happens when no leader has clear majority support?

If no party has a clear majority, the President may need to judge which leader can form a government with Lok Sabha support. A coalition is an alliance of political parties. Parties may combine their support to make government formation possible.

The relevant issue is support in the House, rather than the President's personal political preference. The President can seek evidence of support and require the appointed leader to demonstrate a majority through a vote of confidence, a parliamentary vote testing support for the government.

Presidential discretion is related to political conditions. There is greater scope for presidential assertiveness when governments are not stable and coalitions occupy power. This does not alter the ordinary rule that the Prime Minister and Council of Ministers direct government.

What are the three emergencies and their effects?

An emergency is an exceptional constitutional arrangement for dealing with a specified serious threat. The President's emergency powers fall into three categories. Each has a different ground and different consequences; they must not be treated as interchangeable declarations.

When can a National Emergency be proclaimed?

Under Article 352, a National Emergency may be proclaimed when the security of India or any part of it is threatened by war, external aggression or armed rebellion. External aggression means attack from outside; armed rebellion means an armed revolt against the State.

The decision of the Union Cabinet, the senior ministers within the Council of Ministers, must be communicated to the President in writing. Two effects concern the balance of authority between the Union and the States:

  • Wider Union directions: Union executive authority extends to directing a State about how its executive power is to be exercised.
  • Wider parliamentary law-making: Parliament can make laws on matters in the State List, the constitutional list of subjects normally assigned to State legislatures.

These effects increase the Union's authority. They do not mean that the State governments automatically disappear. Identifying the increased power precisely is more accurate than saying that every normal constitutional arrangement comes to an end.

When can President's Rule be imposed?

Under Article 356, President's Rule may be imposed when a State's government cannot be carried on in accordance with the Constitution. The President may act on a Governor's report or otherwise. A Governor is the constitutional head of a State.

  • State administration: The President may assume the functions of the State government, with administration carried on through the Governor on the Union's behalf.
  • State legislation: The President may declare that the State legislature's powers will be exercised by or under Parliament's authority. The Assembly may be suspended or dissolved.

President's Rule concerns a breakdown of constitutional government in a State. It is distinct from a National Emergency based on a threat to security. The President cannot assume the powers of the High Court under this arrangement.

When can a Financial Emergency be proclaimed?

Under Article 360, a Financial Emergency may be proclaimed if the financial stability or credit of India or any part of it is threatened. Credit here means the ability to borrow on the strength of confidence in repayment.

  • Financial directions: The Union may direct States to observe specified standards of financial propriety, meaning proper and responsible management of public money.
  • Salary reductions: Directions may require reductions in the salaries and allowances of persons serving the Union or States, including judges of the Supreme Court and High Courts.

Note: All three proclamations are subject to parliamentary approval and constitutional controls. An emergency is a power exercised within the Constitution, not an unrestricted personal authority of the President.

Keep the three grounds separate: a threat to security, failure of constitutional government in a State, and a threat to financial stability or credit. Then link each ground to its corresponding changes in governmental powers.

How is the Vice-President elected, and how can the Vice-President be removed?

What qualifications and election rules apply?

The Vice-President holds the constitutional office that combines chairmanship of the Rajya Sabha with responsibility for acting as President when required. Under Article 66, a candidate must be an Indian citizen, have completed 35 years, and be qualified for election to the Rajya Sabha.

The candidate must not hold a disqualifying office of profit. Holding office as President, Vice-President, Governor, or Union or State minister does not itself cause disqualification under this rule. The important qualification difference is Rajya Sabha eligibility, rather than the President's Lok Sabha eligibility.

The Vice-President is elected by an Electoral College consisting of members of both Houses of Parliament, including elected and nominated members. Members of State legislatures do not participate. The election uses proportional representation by means of the single transferable vote and a secret ballot.

What are the term and removal procedure?

Under Article 67, the Vice-President serves for five years and may be re-elected. The Vice-President may resign by writing to the President and continues in office after the term ends until the successor enters office.

  1. Notice: At least fourteen days' notice must be given of the intention to move a resolution for removal.
  2. Initiation: The removal resolution must originate in the Rajya Sabha.
  3. Rajya Sabha decision: It must be passed by a majority of all the then members of that House, meaning its existing membership excluding vacancies.
  4. Lok Sabha agreement: The Lok Sabha must agree by a simple majority of members present and voting. The Vice-President is not removed through the President's impeachment procedure.

The Constitution does not prescribe violation of the Constitution as the required ground for this removal. Do not transfer the President's two-thirds impeachment threshold to the Vice-President. Although both Houses participate, the initiating House and the required majority differ.

What does the Vice-President do, and how do the two offices differ?

What does ex-officio Chairman mean?

The Vice-President is the ex-officio Chairman of the Rajya Sabha. Ex-officio means holding a position by virtue of another office. Thus, becoming Vice-President brings the chairmanship; it does not require a separate election by Rajya Sabha members.

As Chairman, the Vice-President presides over sittings, maintains order, and conducts the House's business under its rules. The Chairman is not a member of the Rajya Sabha and does not vote in the first instance, but has a casting vote when votes are equally divided.

When does the Vice-President act as President?

The Vice-President acts as President when a vacancy arises through death, resignation, removal or otherwise, until a newly elected President enters office. The Vice-President also discharges presidential functions during the President's absence, illness or other inability to perform them.

While acting as President or discharging presidential functions, the Vice-President does not perform the duties of Rajya Sabha Chairman. This separates the presidential role from chairing the House during the period of substitution.

Point of comparisonPresidentVice-President
Required parliamentary eligibilityQualified for election to the Lok SabhaQualified for election to the Rajya Sabha
Parliamentary electorsElected members of both HousesElected and nominated members of both Houses
Assembly electorsElected State Assembly members, including Delhi and PuducherryNo State Assembly participation
Ordinary termFive yearsFive years
Resignation addressed toVice-PresidentPresident
Removal begins inEither House of Parliament through impeachmentRajya Sabha through a removal resolution

The two offices therefore differ in everyday work as well as election and removal. The President is the formal national Head of State. The Vice-President ordinarily chairs the Rajya Sabha and provides continuity in the presidential office when substitution becomes necessary.

Glossary

  • Executive — The organ of government that implements laws and policies and carries out public administration.
  • Parliamentary system — A system in which the government depends on majority support in the legislature.
  • Nominal executive — The formal holder of executive authority, distinguished from those who actually direct government policy.
  • Electoral College — The body of electors constitutionally entitled to choose a particular office holder.
  • Indirect election — An election in which representatives choose an office holder instead of ordinary citizens voting directly.
  • Impeachment — The constitutional procedure through which Parliament can remove the President for violation of the Constitution.
  • Assent — The President's formal approval of a Bill at the final stage of its enactment.
  • Ordinance — A temporary law issued by the President when constitutional conditions for immediate action are satisfied.
  • Clemency — Constitutional executive relief from punishment, which can take several distinct forms.
  • Discretion — The exercise of judgement where constitutional or political circumstances leave room for a choice.
  • Pocket veto — Keeping a Bill pending without deciding whether to assent, withhold assent or return it.
  • President's Rule — An exceptional arrangement for a State whose government cannot function in accordance with the Constitution.
  • Ex-officio — Holding one position automatically because the person already holds another specified office.
  • Casting vote — A vote used by the presiding officer to decide a matter when votes are equally divided.

Common errors and misconceptions

  • Misconception: The President personally directs everyday government policy. Correct: The Prime Minister and Council of Ministers are the real executive; presidential powers ordinarily operate on their advice.
  • Misconception: Every member of Parliament votes in the presidential election. Correct: Only elected parliamentary members participate; nominated parliamentary members participate in the Vice-President's election.
  • Misconception: A President can reject reconsidered ministerial advice indefinitely. Correct: The President may request reconsideration but must accept the advice tendered afterwards.
  • Misconception: The President can return a Money Bill for reconsideration. Correct: The return power applies to Bills other than Money Bills.
  • Misconception: Impeachment needs two-thirds of members present and voting. Correct: Each required impeachment resolution needs at least two-thirds of the relevant House's total membership.
  • Misconception: President's Rule and National Emergency have the same ground. Correct: The former concerns failure of constitutional government in a State; the latter concerns specified threats to security.
  • Misconception: The Vice-President's removal can begin in either House. Correct: It must begin in the Rajya Sabha and receive the Lok Sabha's agreement.
  • Misconception: The Vice-President continues chairing the Rajya Sabha while acting as President. Correct: The Vice-President does not perform the Chairman's duties while performing presidential functions.

Exam-style questions with model answers

Q1. The President is the formal Head of State, while the Prime Minister and Council of Ministers direct administration and depend on Lok Sabha support. Using these facts, identify the nominal and real executives and state what distinguishes them. [2 marks]
  1. The President is the nominal executive because the office formally holds executive authority as Head of State.
  2. The Prime Minister and Council of Ministers are the real executive because they actually direct administration with Lok Sabha support.
Q2. Article 74(1) allows the President to ask ministers to reconsider advice but requires acceptance of advice tendered after reconsideration. Explain the President's initial option and subsequent obligation. [2 marks]
  1. The President may initially return the advice to the Council of Ministers and request reconsideration.
  2. After reconsideration, the President must act on the advice tendered, even if the Council repeats its original advice.
Q3. Presidential electors include elected members of both parliamentary Houses and elected State Assembly members, including Delhi and Puducherry. Nominated members and State Legislative Council members are excluded. State four features of this Electoral College from the information given. [4 marks]
  1. Elected members of both Houses of Parliament participate in choosing the President, providing representation from the Union legislature.
  2. Elected members of State Legislative Assemblies also participate, with the Assemblies of Delhi and Puducherry included in this arrangement.
  3. Nominated members are excluded from the presidential Electoral College, so nomination to a House does not confer this voting right.
  4. State Legislative Council members are excluded; participation by State legislators is through the elected members of Legislative Assemblies.
Q4. Impeachment may start in either House. Written notice requires signatures of at least one-fourth of total membership and fourteen days before the resolution is moved. The initiating resolution needs two-thirds of total membership. The other House investigates or arranges an investigation, allowing the President to appear and be represented, and removes the President if it sustains the charge by the same threshold. Explain these five stages. [5 marks]
  1. Either House can initiate the charge, but the written notice must have signatures from at least one-fourth of that House's total membership.
  2. At least fourteen days' notice must be given before the resolution proposing the impeachment charge is moved in the initiating House.
  3. The initiating House must pass the resolution by at least two-thirds of its total membership, rather than merely two-thirds of those voting.
  4. The other House then investigates the charge, or arranges an investigation, while allowing the President to appear and to be represented.
  5. Removal follows if the investigating House sustains the charge through a resolution supported by at least two-thirds of its own total membership.
Q5. A Bill other than a Money Bill can be returned for reconsideration. If Parliament passes it again, the President must assent. No constitutional time limit is specified for presidential action on an ordinary Bill; keeping it pending is sometimes called a pocket veto. Explain these three limits and options. [3 marks]
  1. The President can return a Bill other than a Money Bill, giving Parliament an opportunity to reconsider its provisions before enactment.
  2. That return power is limited: if Parliament passes the returned Bill again, the President must give assent instead of repeatedly returning it.
  3. Because no constitutional time limit is specified for action on an ordinary Bill, keeping it pending can operate as a pocket veto.
Q6. During National Emergency, the Union can direct State executive action and Parliament can legislate on State List subjects. Under President's Rule, the President can assume State governmental functions and place State legislative powers under parliamentary authority. During Financial Emergency, the Union can direct State financial propriety and require reductions in salaries and allowances of persons serving the Union or States, including Supreme Court and High Court judges. Explain two effects of each emergency using this information. [6 marks]
  1. National Emergency extends Union executive authority to giving directions about how a State exercises its executive power, strengthening national administrative control.
  2. National Emergency also enables Parliament to legislate on State List matters, extending law-making authority into subjects normally assigned to State legislatures.
  3. President's Rule permits the President to assume State governmental functions, transferring responsibility for the State's administration under this exceptional constitutional arrangement.
  4. President's Rule permits State legislative powers to be exercised by or under Parliament's authority, changing the normal arrangement for State law-making.
  5. Financial Emergency allows Union directions requiring States to observe standards of financial propriety, or responsible management of their public finances.
  6. Financial Emergency allows directions reducing salaries and allowances of public servants, including judges, as part of the exceptional control over expenditure.
Q7. A Vice-President must be an Indian citizen, have completed 35 years, be qualified for Rajya Sabha election and hold no disqualifying office of profit. Elected and nominated members of both parliamentary Houses elect the Vice-President; State legislators do not vote. State the four qualifications and two features of the Electoral College. [6 marks]
  1. The candidate must possess Indian citizenship; citizenship is a constitutional qualification for eligibility to contest election to the office of Vice-President.
  2. The candidate must have completed thirty-five years of age, satisfying the minimum age requirement specified for election to this constitutional office.
  3. The candidate must be qualified for election to the Rajya Sabha, making eligibility for that House the relevant parliamentary qualification.
  4. The candidate must not hold an office of profit that disqualifies the person from election; the restriction concerns disqualifying offices.
  5. The Electoral College includes both elected and nominated members of the two Houses of Parliament, so participation is not confined to elected members.
  6. Members of State legislatures do not vote in this election; the participating Electoral College consists of parliamentary members instead.
Q8. The Vice-President is ex-officio Rajya Sabha Chairman, meaning Chairman by virtue of being Vice-President. The Chairman maintains order and conducts business, casts a vote when votes are equal, and stops performing Chairman's duties while acting as President. Explain these four features. [4 marks]
  1. The chairmanship is ex-officio: holding the office of Vice-President brings the role of Chairman without a separate election to that position.
  2. The Chairman maintains order during sittings and conducts the business of the Rajya Sabha, supporting the orderly functioning of the House.
  3. When votes are equally divided, the Chairman can exercise a casting vote to decide the matter before the House.
  4. While acting as President, the Vice-President does not perform the duties of Rajya Sabha Chairman, keeping the two functions separate during that period.

Key takeaways

  • The President is the formal Head of State; the Prime Minister and Council of Ministers exercise effective executive authority.
  • The presidential Electoral College includes elected parliamentary and Assembly members, while the Vice-President's includes elected and nominated parliamentary members.
  • Presidential impeachment concerns violation of the Constitution and requires demanding majorities in both Houses of Parliament.
  • Presidential powers cover administration, law-making, finance, judicial relief, discretion and emergencies, within the framework of ministerial responsibility.
  • Ministerial advice can be returned for reconsideration, but advice tendered after reconsideration binds the President.
  • National Emergency, President's Rule and Financial Emergency have distinct grounds and effects on governmental authority.
  • The Vice-President ordinarily chairs the Rajya Sabha and acts as President when the constitutional conditions for substitution arise.
  • The Vice-President's removal begins in the Rajya Sabha and requires the Lok Sabha's agreement, rather than presidential impeachment.

Test yourself

Which parliamentary qualification differs between presidential and vice-presidential candidates?

A presidential candidate must be qualified for Lok Sabha election; a vice-presidential candidate must be qualified for Rajya Sabha election.

Can nominated parliamentary members vote in both presidential and vice-presidential elections?

They can vote in the Vice-President's election but not in the President's election.

What is the ground for impeachment of the President?

The ground is violation of the Constitution, and the procedure involves both Houses of Parliament.

What must the President do after ministers reconsider and repeat their advice?

The President must act on the advice tendered after reconsideration, even when it remains unchanged.

What distinguishes remission from commutation?

Remission reduces the amount or duration of punishment; commutation substitutes a less severe form of punishment.

What is the ground for President's Rule?

A State's government cannot be carried on in accordance with the provisions of the Constitution.

Which House must initiate the Vice-President's removal?

The Rajya Sabha initiates the removal resolution, which must also receive the Lok Sabha's agreement.

Does the Vice-President chair the Rajya Sabha while acting as President?

No. While acting as President, the Vice-President does not perform the duties of Rajya Sabha Chairman.