Indian Polity & Constitution
🔒 Log in to trackUnion and State Executive
🔒 Log in to trackThe President (Articles 52–62)
| Item | Fact |
|---|---|
| Election | Indirect: elected MPs + elected MLAs of States, Delhi and Puducherry; single transferable vote, proportional representation; secret ballot |
| Qualification | Citizen, 35 years, qualified to be a Lok Sabha member |
| Oath | Administered by the Chief Justice of India (Art. 60) |
| Term / impeachment | 5 years; removal for "violation of the Constitution" (Art. 61) — charge by either House with 2/3 of total membership, other House investigates; 14 days' notice |
| Pardon power (Art. 72) | Pardon, reprieve, respite, remission, commutation; also in court-martial cases and death sentences |
| Current (as on 23 Sep 2026) | Droupadi Murmu, 15th President (since 25 July 2022; first tribal President) |
The Vice-President (Articles 63–71)
Elected by all members (elected + nominated) of both Houses — the only office whose electoral college includes nominated MPs. Ex-officio Chairman of Rajya Sabha. Removal: resolution initiated only in Rajya Sabha (effective majority) and agreed to by the Lok Sabha (Art. 67(b)). C.P. Radhakrishnan is the 15th Vice-President (since 12 September 2025).
Prime Minister and Council of Ministers (Articles 74–75)
- Art. 74: CoM to aid and advise the President; Art. 75: appointment, collective responsibility to the Lok Sabha.
- 91st Amendment (2003): CoM capped at 15% of Lok Sabha / State Assembly strength; defectors barred from ministership.
The Governor (Articles 153–162)
Appointed by the President for 5 years (holds office at pleasure); pardon power under Art. 161 (no court-martial power, cannot pardon death sentence); can reserve bills for the President (Art. 200–201); ordinance power Art. 213.
Detailed notes
The President — Articles 52 to 62
The President is the head of the State (first citizen), while the Prime Minister heads the government. Election (Articles 54–55) is indirect, by an electoral college of elected MPs and elected MLAs of the states, plus elected MLAs of Delhi and Puducherry (added by the 70th Amendment). Nominated members and MLCs do not vote. The system is proportional representation by single transferable vote; vote values are worked out from the 1971 census (frozen for this purpose). Disputes are decided by the Supreme Court (Article 71). Term: 5 years; oath administered by the Chief Justice of India; resignation addressed to the Vice-President. Removal is by impeachment (Article 61) for 'violation of the Constitution' — no ground is defined, and the charge can be raised in either House (special majority of both, investigated under procedure fixed by each House).
The veto family: absolute veto (withholding assent), suspensive veto (returning a bill once — if passed again, assent is obligatory), pocket veto (sitting on a bill — no time limit; used by President Zail Singh on the Indian Post Office (Amendment) Bill, 1986). For state bills the President has an absolute veto (Article 201). Ordinance power — Article 123: when Parliament is not in session; must be laid before Parliament; ceases six weeks after Parliament reassembles. Pardoning power — Article 72: pardon (full absolution), commutation (substitute a lighter punishment), remission (reduce the amount), respite (lesser sentence for special reasons, e.g. pregnancy), reprieve (temporary stay). It extends to death sentences, courts-martial and Union-law offences.
The Vice-President — Articles 63 to 71
Elected by all members (elected + nominated) of both Houses — no state legislatures. Ex-officio Chairman of the Rajya Sabha; acts as President when the office falls vacant, for a maximum of 6 months. Removal: a resolution of the Rajya Sabha by an effective majority (majority of all then members), with 14 days' notice, agreed to by the Lok Sabha by simple majority.
Prime Minister and Council of Ministers — Articles 74 to 75
The real executive. Article 74 requires the President to act on the aid and advice of the Council of Ministers; the 42nd and 44th Amendments made this advice binding (President may return it once). The CoM is collectively responsible to the Lok Sabha (Article 75(3)); ministers hold office during the President's pleasure. 91st Amendment (2003): CoM strength capped at 15% of the Lok Sabha (minimum 12); the same cap applies in states. A minister not in Parliament must become one within 6 months. The Attorney-General (Article 76) is the Union's chief law officer — he may speak and take part in both Houses but has no vote.
The Governor — Articles 153 to 161
Appointed by the President (not elected); holds office during the President's pleasure, though the constitutional term is 5 years; must be an outsider to the state (convention). Legislative powers include summoning the assembly and ordinances (Article 213); can reserve state bills for the President. Pardoning power (Article 161) is narrower than the President's: the Governor cannot pardon a death sentence (may suspend, remit or commute it) and cannot act in courts-martial cases. The State Council of Ministers follows the same 15% cap (minimum 12) with collective responsibility to the assembly.
Quick revision
- President: elected MPs + elected MLAs (states + Delhi + Puducherry); PR-STV; 1971 census values; SC decides disputes (Art 71).
- Impeachment Art 61 — 'violation of the Constitution'; either House can start it.
- Vetoes: absolute, suspensive, pocket; pocket used in 1986 (Post Office Bill); state bills = absolute veto of President.
- Art 123 ordinance: 6 weeks from reassembly. Art 72 pardon: death, court-martial, Union law.
- VP: both Houses elect (incl. nominated); RS Chairman; removal only from RS (effective majority, 14 days' notice).
- CoM cap 15% (min 12) — 91st Amendment; AG Art 76 speaks but never votes.
- Governor: pleasure of President; no pardon for death sentence (Art 161).
Types of questions asked
Every way this subtopic shows up in exams — how to recognise it, the formula or logic to use, and a solved example.
Type 1: President's election and impeachmentvery common3 practice Q
'Who elects the President', 'which members do not vote', 'value of vote based on which census', impeachment grounds/procedure.
- Electors: elected MPs + elected MLAs of states + elected MLAs of Delhi and Puducherry (70th Amendment). Nominated MPs and MLCs stay out.
- Method: proportional representation, single transferable vote, secret ballot; values from the 1971 census.
- Impeachment (Art 61): charge = 'violation of the Constitution' (undefined); can start in either House; needs special majority of both.
Example: The value of the vote of an MLA in the Presidential election is calculated with reference to the population figures of the —
1971 census — the 42nd and 84th Amendments froze the 1971 base for presidential elections and delimitation alike.
Type 2: President's powers: veto, ordinance, pardonvery common3 practice Q
'The pocket veto was used for which bill', 'which article empowers ordinances', 'the President can pardon which punishments', statement questions mixing the three.
- Vetoes: absolute (withhold), suspensive (return once), pocket (no time limit — Zail Singh, Indian Post Office (Amendment) Bill, 1986).
- Ordinance = Article 123: only when Parliament is not in session; dies 6 weeks after reassembly unless approved.
- Pardon (Art 72): death sentence, courts-martial, Union-law offences. Five shades: pardon, commutation, remission, respite, reprieve.
Example: The so-called 'pocket veto' of the President refers to —
Keeping a bill without acting on it — the Constitution sets no time limit for assent; President Zail Singh did this to the Indian Post Office (Amendment) Bill, 1986.
Type 3: Vice-President: election and removalcommon2 practice Q
'Who elects the Vice-President', 'how can the VP be removed', 'who acts as President and for how long'.
- Electors = all members of both Houses — elected and nominated; no state legislatures. This is the key difference from the President's election.
- Ex-officio Chairman of the Rajya Sabha; acts as President up to 6 months in a vacancy.
- Removal only through the Rajya Sabha: effective majority + 14 days' notice, then Lok Sabha concurs by simple majority.
Example: The Vice-President of India is elected by —
An electoral college consisting of all members of both Houses of Parliament (elected and nominated) — state legislatures take no part, unlike in the President's election.
Type 4: PM and Council of Ministerscommon2 practice Q
Statement questions on collective responsibility, the 15% cap, a non-member minister's 6-month window, the Attorney-General's rights in Parliament.
- Collective responsibility to the Lok Sabha — Art 75(3); ministers hold office during the President's pleasure.
- 91st Amendment (2003): CoM ≤ 15% of the House, minimum 12 — applies to the Union and to states.
- A minister who is not an MP must get elected to either House within 6 months. The AG (Art 76) can speak in Parliament but cannot vote.
Example: The strength of the Union Council of Ministers is capped by the 91st Amendment at —
15% of the strength of the Lok Sabha, with a constitutional floor of 12 ministers (which includes the Prime Minister).
Type 5: Governor: appointment, powers, pardoncommon2 practice Q
'The Governor is appointed by', 'can the Governor pardon a death sentence', 'who administers the oath to the Governor', reserve-bill questions.
- Appointed by the President; holds office during the President's pleasure; term nominally 5 years.
- Pardon (Art 161): no death-sentence pardon — only suspension, remission or commutation; no courts-martial power.
- Can reserve state bills for the President (Art 200–201); the President then has an absolute veto; ordinances = Art 213.
Example: Which statement about the Governor's pardoning power is correct?
Under Article 161 the Governor can suspend, remit or commute a death sentence but cannot pardon it — full pardon of a death sentence belongs to the President alone.
Shortcut tricks
⚡ Electoral college contrast
President = elected MPs + elected MLAs (no nominated). Vice-President = ALL MPs of both Houses, including the 12 nominated. 'Vice' reaches where 'President' does not.
Example: Do nominated members of the Rajya Sabha vote in the Vice-Presidential election?
Yes — they are excluded only from the President's electoral college.
⚡ Pardon ladder
President's Art. 72 pardons court-martial and death sentences; the Governor's Art. 161 covers neither. 'Governor = softer ladder'.
Example: Can a Governor pardon a death sentence?
No — only the President can (Art. 72).
Where students lose marks
Saying the President takes oath from the Vice-President — the CJI administers it.
Assuming the VP's removal starts in the Lok Sabha — it starts in the Rajya Sabha (Art. 67(b)).
Forgetting the 91st Amendment's 15% minister cap and attributing it to anti-defection's 52nd.
Practice sets — 13 questions
Sets of 10, mixed across the question types above. Each answer comes with a step-by-step explanation.
Topic test · 13 questions
Suggested time 5 min · wrong answers go to your mistake notebook automatically.