UPSC Notes / Polity & Constitution / Chapter 3
Chapter 3 of 20

Union Government

The President, Vice-President, Prime Minister and Council of Ministers — composition, election, powers, and their constitutional relationships.

📖 ~15 min read ⚖️ Polity & Constitution

Introduction

The Union Executive (Articles 52-78) consists of the President (nominal/constitutional head), the Vice-President, and the Prime Minister with the Council of Ministers (real executive). India follows a parliamentary system — the executive is drawn from and collectively responsible to the legislature.

President of India (Articles 52-62)

Election

Flowchart — Presidential Election (Article 54-55)
Electoral College
↓
Elected members of both Houses of Parliament
Elected members of State (and Delhi/Puducherry) Legislative Assemblies
↓
Election by proportional representation via single transferable vote, ballot secret

Nominated members of Parliament/Assemblies and members of Legislative Councils do NOT participate. Delhi & Puducherry included after the 70th Amendment Act, 1992.

  • Eligibility: Citizen of India, 35+ years of age, qualified to be a Lok Sabha member, must not hold any office of profit.
  • Term: 5 years; eligible for re-election any number of times.
  • Oath: Administered by the Chief Justice of India (or senior-most SC judge available).

Impeachment (Article 61)

The President can be removed only on the ground of "violation of the Constitution" through a quasi-judicial process:

  • Charge may be initiated in either House of Parliament.
  • The charge must be signed by 1/4th of the total members of that House and a 14-day notice given.
  • The resolution must be passed by a 2/3rd majority of the total membership of that House.
  • The other House investigates the charge; the President has the right to appear/be represented.
  • If the second House also passes it by a 2/3rd majority, the President stands removed from the date of passing.

Powers of the President

CategoryKey Powers
ExecutiveAppoints PM, Council of Ministers, Governors, CJI & SC/HC judges, CAG, Attorney General, Election Commissioners
LegislativeSummons/prorogues Parliament, dissolves Lok Sabha, nominates 12 Rajya Sabha members, addresses Parliament, gives assent to bills
FinancialMoney bills introduced only with President's recommendation; causes the Union Budget to be laid before Parliament
JudicialPardoning power (Art. 72) — pardon, reprieve, respite, remission, commutation; can seek SC's opinion under Art. 143
EmergencyNational Emergency (Art. 352), President's Rule (Art. 356), Financial Emergency (Art. 360)

Veto Power over Bills

Type of VetoMeaning
Absolute VetoWithholds assent altogether; bill ends (rarely used, mainly for private members' bills or when a new government withdraws an earlier bill)
Suspensive VetoReturns the bill for reconsideration; if passed again by Parliament (with or without amendment), the President must give assent — except Money Bills, which cannot be returned
Pocket VetoNeither rejects, returns, nor assents — simply keeps the bill pending indefinitely (no time limit is prescribed for the President to act, unlike the US model)
💡 Note: The President has no veto power over a Constitutional Amendment Bill passed under Article 368 (after the 24th Amendment, assent is mandatory).

Vice-President (Articles 63-71)

  • Ex-officio Chairman of the Rajya Sabha — this is the primary function.
  • Elected by members of both Houses of Parliament only (an electoral college narrower than the President's — no State Assembly members).
  • Eligibility: Citizen of India, 35+ years, qualified to be a Rajya Sabha member.
  • Removed by a resolution of the Rajya Sabha (passed by an effective majority) agreed to by the Lok Sabha (simple majority) — no impeachment-style process required.
  • Acts as President during a vacancy until a new President is elected.

Prime Minister and Council of Ministers (Articles 74-75)

  • Article 74: There shall be a Council of Ministers headed by the PM to aid and advise the President, whose advice is binding on the President (post 42nd/44th Amendments).
  • Article 75: PM is appointed by the President; other Ministers are appointed on the PM's advice. The Council of Ministers is collectively responsible to the Lok Sabha.
  • A Minister who is not a member of either House for 6 consecutive months ceases to be a Minister.
  • 91st Amendment Act, 2003: Total number of Ministers including PM cannot exceed 15% of the total membership of the Lok Sabha.
Type of ResponsibilityMeaning
Collective ResponsibilityThe Council of Ministers stands or falls together; if the Lok Sabha passes a no-confidence motion, the entire ministry (not just one minister) must resign
Individual ResponsibilityEach Minister is individually responsible to the President for their own conduct — the President can remove a minister on the PM's advice

Attorney General of India (Article 76)

Appointed by the President; must be qualified to be a Supreme Court judge; the highest law officer of the country; has the right to speak in and take part in the proceedings of both Houses (but not to vote). Holds office during the pleasure of the President.

✅ UPSC Focus: Composition of the electoral college for President vs Vice-President · Impeachment procedure and the "effective majority" vs "special majority" distinction · Article 74 vs 75 · Suspensive vs pocket veto · 91st Amendment ceiling on Council of Ministers.

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