1. Qualifications, election and term
- Qualifications: citizen of India; completed 35 years; qualified for election to the Lok Sabha; no office of profit (posts such as minister, Governor or Vice-President are not counted).
- Electoral College: elected members of both Houses of Parliament, elected members of State Legislative Assemblies and of the Delhi and Puducherry Assemblies (70th Amendment, 1992). Nominated members and Legislative Councils are excluded.
- Method: proportional representation by single transferable vote, secret ballot; the value of an MLA's vote depends on the State's population.
- Why indirect: constitutional head; no rival to the Prime Minister; cost of a national campaign; a voice for the States.
- Term: five years; may be re-elected; resignation is addressed to the Vice-President.
| Condition | President | Vice-President |
|---|---|---|
| Citizenship | Citizen of India | Citizen of India |
| Minimum age | 35 years | 35 years |
| Must be qualified for | The Lok Sabha | The Rajya Sabha |
| Office of profit | Must not hold one | Must not hold one |
Key terms
- Electoral College
The body of elected legislators that elects the President.
- Office of profit
A paid government post that disqualifies a person from election.
2. Impeachment
- Ground: violation of the Constitution only (Article 61).
- Notice: in either House, signed by at least one-fourth of its total members, 14 days in advance.
- First House: resolution passed by two-thirds of its total membership.
- Second House: investigates; the President may appear or be represented; if it also passes the resolution by two-thirds of its total membership, the President is removed.
- Nominated MPs take part; State legislators do not.
| House (membership used) | One-fourth to sign the notice | Two-thirds to pass |
|---|---|---|
| Lok Sabha (543) | 136 | 362 |
| Rajya Sabha (245) | 62 | 164 |
Key terms
- Impeachment
The quasi-judicial procedure by which Parliament removes a President for violating the Constitution.
3. Executive, legislative and financial powers
- Executive: appoints the Prime Minister and ministers, judges, Governors, Attorney General, Comptroller and Auditor General, Election Commissioners; Supreme Commander of the defence forces.
- Legislative: summons and prorogues the Houses; dissolves the Lok Sabha; special address (Article 87); nominates 12 members to the Rajya Sabha; assent, withholding of assent or return of an ordinary bill once; ordinances under Article 123, which lapse six weeks after Parliament reassembles.
- Financial: recommendation for Money Bills; budget laid in his name; advances from the Contingency Fund; appoints the Finance Commission every five years.
- All are used on the advice of the Council of Ministers (Article 74).
| Legislative power | Example |
|---|---|
| Meetings of Parliament | Summons and prorogues the Houses; dissolves the Lok Sabha |
| Address | Speaks to both Houses after each general election and at the first session of each year |
| Nomination | Names 12 members of the Rajya Sabha |
| Assent | Assents to bills, withholds assent or returns an ordinary bill once |
| Ordinances | Makes temporary laws when Parliament is not in session |
| Veto | What the President does | Result |
|---|---|---|
| Absolute | Withholds assent | The bill does not become law |
| Suspensive | Returns an ordinary bill once | If passed again, assent must follow |
| Takes no decision | The bill stays pending; no time limit is fixed |
| Financial power | Example |
|---|---|
| Money Bills | Introduced only on the President's recommendation |
| Budget | The annual financial statement is laid before Parliament in his name |
| Contingency Fund | Advances for unforeseen expenses before Parliament approves |
| Finance Commission | Appointed every five years to advise on sharing revenue with the States |
Key terms
- Ordinance
A temporary law made by the President while Parliament is not in session.
- Pocket veto
Keeping a bill pending without a decision, since no time limit is fixed.
4. Judicial and discretionary powers
- Article 72: pardon, commutation, remission, respite and reprieve, including death sentences and court-martial cases.
- Discretion (situational): choosing a Prime Minister when no party has a majority; returning advice once for reconsideration (44th Amendment, 1978); the pocket veto; seeking information from the Prime Minister.
- The 42nd Amendment (1976) made ministerial advice binding; the 44th allowed one return.
| Form of mercy | Meaning |
|---|---|
| Pardon | Frees the convict from the sentence and its consequences |
| Commutation | Changes the punishment into a lighter form |
| Remission | Shortens the period without changing the kind of punishment |
| Respite | Gives a lesser sentence because of a special fact, such as illness |
| Reprieve | Delays the carrying out of a sentence for a time |
Key terms
- Commutation
Replacing a punishment with a lighter kind.
- Situational discretion
Judgement the President uses when the usual advice does not settle the matter.
5. Emergency powers
- Article 352 (national emergency): war, external aggression or armed rebellion; written Cabinet decision; approval within one month by special majority. Effects: Parliament legislates on the State List; the Union directs States; Article 19 freedoms can be suspended in a war emergency; the Lok Sabha term can be extended one year at a time.
- Article 356 (President's Rule): failure of the constitutional machinery in a State; approval within two months. Effects: the Union takes over the State executive through the Governor; Parliament makes the State's laws; the Assembly is suspended or dissolved.
- Article 360 (financial emergency): threat to financial stability or credit; approval within two months. Effects: salary cuts including judges; State Money Bills reserved for the President. Never proclaimed (as of 2024).
| National emergency | President's Rule | Financial emergency | |
|---|---|---|---|
| Article | 352 | 356 | 360 |
| Ground | War, external aggression or armed rebellion | Failure of constitutional machinery in a State | Threat to financial stability or credit of India |
| Parliament's approval | Within 1 month | Within 2 months | Within 2 months |
| Two effects | Laws on State subjects; directions to States | Union runs the State; Parliament makes its laws | Salary cuts; State Money Bills reserved |
| Effect of a financial emergency | Example |
|---|---|
| Salaries | Pay of Union and State employees and of judges may be reduced |
| State Money Bills | May be reserved for the President's consideration |
| Directions | The Union may direct States to follow financial discipline |
Key terms
- Armed rebellion
The ground that replaced internal disturbance in Article 352 in 1978.
- President's Rule
Union rule in a State under Article 356.
6. The Vice-President
- Qualifications: citizen; 35 years; qualified for the Rajya Sabha; no office of profit.
- Election: all members of both Houses of Parliament, elected and nominated; single transferable vote, secret ballot; five-year term.
- Removal: resolution of the Rajya Sabha passed by a majority of all its then members and agreed to by the Lok Sabha; 14 days' notice. No impeachment.
- Roles: ex-officio Chairman of the Rajya Sabha (not a member; casting vote in a tie); acts as President during a vacancy (to be filled within six months) or absence, and then does not preside over the Rajya Sabha.
| Point | President | Vice-President |
|---|---|---|
| Electors | Elected MPs and elected members of State, Delhi and Puducherry Assemblies | All MPs, elected and nominated |
| Method | Single transferable vote, secret ballot | Single transferable vote, secret ballot |
| Term | Five years | Five years |
| Removal | Impeachment by two-thirds of each House | Rajya Sabha resolution by majority of all members, agreed by the Lok Sabha |
Key terms
- Ex-officio
Holding a post because of another office held.
- Effective majority
A majority of all the then members of a House.
Exam tips
Common mistakes
- Including nominated members or Legislative Councils in the presidential Electoral College.
- Writing "members present" instead of "total membership" for impeachment.
- Using "internal disturbance" for Article 352 today.
- Calling the Vice-President a member of the Rajya Sabha, or saying he is impeached.
- Forgetting that a Money Bill cannot be returned.
How marks are usually awarded
- 1-mark items: one correct option or term.
- 2 marks: two distinct points.
- 10-mark questions in 3 + 3 + 4 parts: one point per mark; the last part usually asks for a reason, a comparison or an evaluation.