Union Executive: President, Vice-President, Prime Minister and Council of Ministers

1. Union Executive under the Constitution

The principal constitutional offices forming the Union Executive framework include:

• President of India;
• Vice-President of India;
• Prime Minister;
• Council of Ministers; and
• Attorney General for India.

The Comptroller and Auditor General of India is a separate constitutional authority under Articles 148 to 151 and should not be treated simply as part of the political executive.

2. President of India - Articles 52 to 62

Article 52 - President of India

There shall be a President of India.

Article 53 - Executive Power of the Union

The executive power of the Union is vested in the President and is exercised directly or through officers subordinate to the President in accordance with the Constitution. The supreme command of the Defence Forces of the Union is also vested in the President, subject to regulation by law.

3. Election of the President - Articles 54 and 55

Article 54 - Electoral College

The President is elected by an electoral college consisting of:

• elected members of both Houses of Parliament; and
• elected members of the Legislative Assemblies of the States.

For this purpose, "State" includes the National Capital Territory of Delhi and the Union Territory of Puducherry. Nominated Members of Parliament and nominated members of Legislative Assemblies do not vote in the presidential election.

Article 55 - Manner of Election

The election is held by proportional representation by means of the single transferable vote and voting is by secret ballot. Article 55 also provides the constitutional formula for securing uniformity in the scale of representation of the States.

Articles 56 to 60

• Article 56: five-year term; resignation is addressed to the Vice-President; the President continues until a successor enters office.
• Article 57: a person who holds or has held office as President is eligible for re-election.
• Article 58: Indian citizen, at least 35 years old, qualified for election to Lok Sabha, and not holding a disqualifying office of profit.
• Article 59: conditions of office, including non-membership of Parliament or a State Legislature and restrictions on offices of profit.
• Article 60: oath or affirmation by the President before the Chief Justice of India or, in the Chief Justice's absence, the senior-most available Supreme Court Judge.

4. Impeachment of the President - Article 61

The President may be impeached for violation of the Constitution. The charge may be preferred by either House of Parliament.

• The proposal must be contained in a resolution after at least 14 days' written notice.
• The notice must be signed by not less than one-fourth of the total number of members of the House.
• The resolution preferring the charge must be passed by a majority of not less than two-thirds of the total membership of that House.
• The other House investigates the charge or causes it to be investigated.
• The President has the right to appear and be represented during the investigation.
• If the second House sustains the charge by a majority of not less than two-thirds of its total membership, the President is removed from office from the date of that resolution.

Article 62 - Vacancy

An election to fill a vacancy caused by expiry of the President's term must be completed before the term expires. A casual vacancy caused by death, resignation, removal or otherwise must be filled as soon as possible and in no case later than six months from the date of the vacancy. The person elected to fill a casual vacancy receives a full five-year term.

5. Presidents of India - Selected Current Reference

6. Vice-President of India - Articles 63 to 71

Article 63

There shall be a Vice-President of India.

Article 64 - Ex-officio Chairman of Rajya Sabha

The Vice-President is the ex-officio Chairman of the Council of States (Rajya Sabha), except while acting as President or discharging presidential functions under Article 65.

Article 65 - Acting as President

The Vice-President acts as President when a vacancy occurs in the office of President and discharges the President's functions during absence, illness or another contingency preventing discharge of those functions.

Article 66 - Election

The Vice-President is elected by members of both Houses of Parliament by proportional representation by means of the single transferable vote and voting is by secret ballot. Unlike the presidential election, State Legislative Assemblies do not form part of the Vice-Presidential electoral college.

Qualifications include Indian citizenship, age of at least 35 years, and eligibility for election as a Rajya Sabha member.

Article 67 - Term, resignation and removal

The Vice-President holds office for five years and may resign by writing addressed to the President. Removal requires a resolution of the Rajya Sabha passed by a majority of all the then members of the House and agreed to by the Lok Sabha, after at least 14 days' notice.

Articles 68 to 71

• Article 68: timing of election to fill a Vice-Presidential vacancy.
• Article 69: oath or affirmation before the President or a person appointed by the President.
• Article 70: Parliament may provide for discharge of presidential functions in other contingencies.
• Article 71: disputes concerning election of the President or Vice-President are decided by the Supreme Court.

7. President's Pardoning Power - Article 72

Article 72 empowers the President to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute sentences in specified cases, including:

• cases where punishment or sentence is by a Court Martial;
• offences against laws relating to matters within Union executive power; and
• all cases involving a sentence of death.

8. Prime Minister and Council of Ministers - Articles 74 and 75

Article 74 - Aid and advice

There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who acts in accordance with such advice. The President may once require the Council of Ministers to reconsider its advice, but must act in accordance with the advice tendered after reconsideration.

Article 75 - Appointment and responsibility

• The Prime Minister is appointed by the President.
• Other Ministers are appointed by the President on the advice of the Prime Minister.
• The Council of Ministers is collectively responsible to the Lok Sabha.
• A Minister who for six consecutive months is not a member of either House of Parliament ceases to be a Minister at the end of that period.
• The total number of Ministers, including the Prime Minister, cannot exceed 15% of the total number of Lok Sabha members.

Articles 77 and 78

Article 77 governs conduct of the business of the Government of India in the President's name. Article 78 sets out duties of the Prime Minister to communicate decisions of the Council of Ministers to the President, furnish information and, where required, place ministerial decisions before the Council.

9. Attorney General for India - Article 76

The President appoints a person qualified to be appointed a Judge of the Supreme Court as Attorney General for India. The Attorney General advises the Government of India on legal matters referred by the President and performs other legal duties assigned under the Constitution or law.

Under Article 88, the Attorney General has the right to speak and take part in proceedings of either House of Parliament, joint sittings and parliamentary committees of which the Attorney General is named a member, but does not have a vote merely by virtue of that office.

10. State Executive - Key Constitutional Offices

The corresponding State constitutional framework principally includes:

• Governor: Articles 153 onwards;
• Chief Minister and Council of Ministers: Articles 163 and 164;
• Advocate General for the State: Article 165.

The Governor is the constitutional head of the State. The Council of Ministers headed by the Chief Minister aids and advises the Governor except where the Constitution requires the Governor to exercise functions in discretion.