Union Executive: President, Vice-President, Prime Minister
🟢 Lite — Quick Review (1h–1d)
Rapid summary for last-minute revision before your exam.
Union Executive — Key Facts for BPSC
- President: First Citizen, constitutional head (Article 52-78)
- Vice-President: Second highest, also Chairman of Rajya Sabha (Article 63-64)
- Prime Minister: Real executive power, head of Council of Ministers (Article 75)
- Presidential election: By Electoral College (MPs + elected MLAs)
- Vice-Presidential election: By ** Electoral College** (MPs of both Houses only)
- President’s term: 5 years (can be re-elected)
- Resignation: To Vice-President; Impeachment: By 2/3 majority of both Houses
⚡ Exam tip: BPSC asks about election composition, powers, and differences between President and PM. Know the 2/3 majority for impeachment and indirect election via Electoral College.
🟡 Standard — Regular Study (2d–2mo)
Standard content for students with a few days to months.
The President of India
Election of President
Article 54: President elected by Electoral College:
- All elected members of both Houses of Parliament
- All elected members of Legislative Assemblies of all states
- Note: Nominated members (Anglo-Indian) also vote
Value of Votes (Important for BPSC):
- Each MLA’s vote value = (Population of state / Number of elected MLAs) × (1/1000)
- Each MP’s vote value = (Total votes of all MLAs / Total MPs)
- Formula: MP vote = (Total MLA votes / 2 × Number of MPs)
Example: If total MLA votes = 5,00,000, MPs = 776, then each MP’s vote = ~322
Why this complex formula?
- Ensures smaller states are not ignored
- Balances representation between Parliament and state assemblies
Qualifications (Article 58)
- Citizen of India
- 35 years of age or above
- Not hold any office of profit under government (except President, Vice-President)
- Electoral qualification: Must be qualified to be a member of Lok Sabha
Powers of the President
1. Legislative Powers
- Address Parliament (beginning of session, after election)
- Send messages to both Houses
- Summon/Prorogue Parliament
- Dissolve Lok Sabha (on PM’s advice)
- Give assent to bills — can return (once) for reconsideration
- Withhold assent (not return) — bill becomes law only when Parliament re-passes with 2/3 majority
- Promulgate ordinances when Parliament not in session (Article 123)
2. Executive Powers
- Appoint PM (usually leader of majority party)
- Appoint Council of Ministers (on PM’s advice)
- Appoint:
- Chief Justice of India
- Judges of Supreme Court and High Courts
- Attorney General
- Election Commissioners
- CAG (Comptroller and Auditor General)
- Governors (for states)
- Lt. Governors (for UTs)
3. Financial Powers
- Money Bill — President cannot return (must be assented)
- Annual Financial Statement (Budget) laid before Parliament by President
- Advance grants from Contingency Fund (Article 267)
4. Judicial Powers
- Grant pardons, reprieves, respites, remissions
- Suspend, commute, remit death sentences
- Power to punish for contempt of court (Supreme Court only — but rarely used)
5. Military Powers
- Appoint Chief of Army Staff, Navy, Air Force
- Declare war (Parliament’s approval needed for war)
- Emergency powers (Article 352)
Emergency Powers (Article 352)
Three types of Emergency:
1. National Emergency (Article 352):
- Proclaimed when “war, external aggression or armed rebellion”
- Grounds: War, External Aggression, Armed Rebellion
- Recommended by: Cabinet ( Ministers — must be in writing)
- Parliament approval: Within 1 month (simple majority)
- Effect:
- Central government takes over state governments (Art. 356)
- Fundamental Rights (Art. 19) suspended
- Duration: 6 months, can be extended indefinitely with Parliament approval every 6 months
- Amended by: 44th Amendment (1978) — added “armed rebellion” (replaced “internal disturbance”)
2. State Emergency (Article 356):
- President’s Rule when “state cannot be governed according to constitutional provisions”
- Imposed on: Rajasthan (1951) — first time
- Parliament approval: Within 6 months
- Can be revoked if state legislature proves confidence
3. Financial Emergency (Article 360):
- If President is satisfied financial stability/credit is threatened
- Approval: By 2/3 majority of both Houses within 2 months
- Effect:
- All Money Bills require President’s approval
- Salaries of judges, authorities reduced
- No financial emergency declared till date (never used)
🔴 Extended — Deep Study (3mo+)
Comprehensive coverage for students on a longer study timeline.
Vice-President of India
Role and Election
Article 63: Vice-President is the Chairman of Rajya Sabha
- Not the deputy of President (that’s a myth)
- Election: By indirect election — members of both Houses of Parliament (not MLAs)
Qualifications (Article 66):
- 35 years of age
- Citizen of India
- Qualified to be a member of Rajya Sabha
- Not hold any office of profit
Term: 5 years (can be re-elected — no limit)
Removal (Article 67):
- Can be removed by resolution of Rajya Sabha (passed by majority) AND agreed by Lok Sabha
- No specific grounds mentioned — resignation sufficient
VP vs President in Emergency:
- If President dies in office, VP becomes President (not acting President)
- VP continues as Rajya Sabha Chairman (no separate role for VP when acting as President)
Prime Minister and Council of Ministers
Position of PM
Article 75: PM is:
- Appointed by President
- Must have confidence of Lok Sabha (majority)
- Usually leader of majority party/coalition
PM is the real executive:
- President is constitutional head — real power with PM
- PM determines Portfolio allocation (which minister handles what)
- PM chairs Cabinet meetings
Constitutional Status:
- President works on PM’s advice (Article 74 — “shall be aid and adviser”)
- 93rd Amendment (2001): Cabinet system mandated (PM cannot hold more than 2 ministries)
Council of Ministers
Article 75(1): “PM with other Ministers…shall be appointed by President”
Types of Ministers:
| Type | Role | Number |
|---|---|---|
| Cabinet Ministers | Attend Cabinet meetings, individual charge of ministries | ~25-30 |
| Minister of State | Support Cabinet minister, can attend Cabinet if invited | ~30 |
| Deputy Minister | Junior level, no Cabinet access | ~10 |
Collective Responsibility (Article 75(2)):
- Council is collectively responsible to Lok Sabha
- If a minister disagrees with Cabinet decision, they must resign
- All ministers must support government policy in Parliament
Individual Responsibility
- Each minister responsible for their ministry’s actions
- President cannot question a minister’s decisions directly — only through PM
- Resignation: Minister resigns to PM, not directly to President
Comparison: President vs Prime Minister
| Feature | President | Prime Minister |
|---|---|---|
| Real Power | Ceremonial head | Real executive |
| Election | Electoral College (MPs + MLAs) | Lok Sabha majority |
| Term | 5 years | As long as has Lok Sabha confidence |
| Removal | Impeachment (2/3 both Houses) | Vote of no-confidence / resignation |
| Address | Both Houses | Lok Sabha only |
| Ministers | Appoints on PM’s advice | Recommends to President |
Important Cases
Shamsher Singh v. State of Punjab (1974):
- Supreme Court held: President’s powers are exercised on ministerial advice — not discretion
- Even in appointment of key posts (CJI, CEC), President acts on PM/Cabinet advice
S.R. Chaudhuri v. State of Punjab (2001):
- PM cannot hold more than 2 ministries (93rd Amendment)
- Violation invalid — government can be challenged
In re: Presidential Election (1975):
- Not a constitutional case — but confirmed electoral college formula was correct
Key Constitutional Provisions to Memorize (BPSC)
| Article | Content |
|---|---|
| Art. 52 | President of India |
| Art. 54 | Election of President |
| Art. 55 | Electoral College calculation |
| Art. 56 | Term of President |
| Art. 61 | President’s impeachment |
| Art. 63 | Vice-President |
| Art. 72 | President’s power of pardon |
| Art. 75 | Prime Minister appointment |
| Art. 352 | National Emergency |
Practice Questions (BPSC Pattern)
-
The President of India is elected by:
- (a) Direct election by people
- (b) MPs only
- (c) MPs and elected MLAs
- (d) State legislatures
-
The impeachment of President can be moved by:
- (a) Lok Sabha alone
- (b) Rajya Sabha alone
- (c) Both Houses jointly
- (d) Supreme Court
-
The 44th Amendment added which ground for National Emergency?
- (a) War
- (b) External aggression
- (c) Armed rebellion
- (d) Internal disturbance
-
The Prime Minister is appointed by:
- (a) President at discretion
- (b) President on advice of Cabinet
- (c) Leader of majority in Lok Sabha
- (d) President after consulting Parliament
Answers: 1(c), 2(c), 3(c), 4(b)
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