Part 5 Chapter 1 – The Executive: President and Vice-President | Constitution of India

President of India

Article 52: The President of India

Establishment of the President: This article establishes the position of the President of India as the head of state.

Article 53: Executive Power of the Union

• Vesting of Executive Power:
  • The executive power of the Indian government (the Union) is vested in the President.
  • This power can be exercised by the President directly or through officers subordinate to him/her, in accordance with the Constitution.
• Supreme Command of Defence Forces:
  • The President is the supreme commander of the Defence Forces of India.
  • The use of this power is regulated by law.
• Limitations on the President’s Powers:
  • The President does not take over the functions assigned by existing laws to state governments or other authorities.
  • Parliament can assign functions to authorities other than the President by law.

Article 54: Election of President

• Electoral College:
  • The President is elected by an electoral college, which includes:
    • Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
    • Elected members of the Legislative Assemblies of the States.
• Inclusion of Union Territories:
  • For the purposes of the Presidential election, the term “State” also includes the National Capital Territory of Delhi and the Union Territory of Puducherry.

Article 55: Manner of Election of President

• Uniformity in Representation:
  • The election process aims to ensure uniformity in representation of different States and parity between the States and the Union.
• Calculation of Votes:
  • Each elected member of a State Legislative Assembly has votes based on the population of the state divided by the total number of elected Assembly members, with each member’s vote representing multiples of one thousand of the population.
  • If the remainder after this division is 500 or more, one additional vote is added to each member’s total.
  • Each elected member of Parliament has votes based on the total votes assigned to the States’ Legislative Assembly members divided by the total number of elected members of both Houses of Parliament, with fractions handled by rounding rules.
• Proportional Representation:
  • The President is elected through a system of proportional representation using a single transferable vote, ensuring that the election reflects the preferences of the electors.
  • Voting is conducted by secret ballot.
• Definition of Population:
  • The term “population” refers to the population figures from the last census whose results have been officially published.
  • Until the publication of the 2026 census results, the population figures from the 1971 census are to be used.

Article 56: Term of Office of President

• Term Duration:
  • The President serves a term of five years from the date they take office.
• Provisions for Resignation and Removal:
  • The President can resign by writing to the Vice-President.
  • The President can be removed from office for violating the Constitution through an impeachment process outlined in Article 61.
• Continuation in Office:
  • Even after the term expires, the President continues in office until a successor assumes office.
• Communication of Resignation:
  • If the President resigns, the Vice-President must immediately inform the Speaker of the House of the People (Lok Sabha).

Article 57: Eligibility for Re-election

• Re-election Eligibility:
  • A person who is currently or has previously been the President is eligible to be re-elected to the office of President, provided they meet the other requirements of the Constitution.

Article 58: Qualifications for Election as President

• Basic Qualifications:
  • To be eligible to become President, a person must:
    • Be a citizen of India.
    • Be at least 35 years old.
    • Be qualified to be elected as a member of the House of the People (Lok Sabha).
• Disqualification due to Office of Profit:
  • A person cannot be elected President if they hold any office of profit under the Government of India, any State Government, or any local or other authorities under the control of these governments.
• Exceptions:
  • Certain positions do not count as holding an office of profit. These include:
    • The President or Vice-President of the Union.
    • The Governor of any State.
    • A Minister for the Union or any State.

Article 59: Conditions of President’s Office

• Exclusion from Legislative Membership:
  • The President cannot be a member of either House of Parliament or any State Legislature. If a member of these bodies is elected as President, they automatically vacate their seat upon assuming office.
• Prohibition of Holding Other Offices:
  • The President cannot hold any other office of profit during their tenure.
• Use of Official Residences and Benefits:
  • The President is entitled to use official residences without paying rent.
  • The President receives emoluments, allowances, and privileges as determined by Parliament. Until Parliament makes provisions, the Second Schedule specifies these benefits.
• Protection of Emoluments:
  • The salary and allowances of the President cannot be reduced during their term of office.

Article 60: Oath or Affirmation by the President

• Oath Requirement:
  • Before assuming office, the President or anyone acting as President must take an oath or affirmation.
  • This ceremony is conducted in the presence of the Chief Justice of India, or in their absence, the senior-most Judge of the Supreme Court.
• Oath Content:

• The oath includes a commitment to:
  • Faithfully execute the duties of the President.
  • Preserve, protect, and defend the Constitution and the law.
  • Devote oneself to the service and well-being of the people of India.

Article 61: Procedure for Impeachment of the President

• Initiation of Impeachment:
  • The process can be initiated by either House of Parliament (Lok Sabha or Rajya Sabha) if the President is accused of violating the Constitution.
• Requirements for Impeachment Motion:
  • The motion must be preceded by a 14-day notice.
  • This notice must be signed by at least one-fourth of the members of the House proposing the motion.
  • The motion must be passed by a two-thirds majority of the total membership of the House where it was introduced.
• Investigation Process:
  • Once a charge is preferred by one House, the other House investigates or arranges for the investigation of the charge.
  • During the investigation, the President has the right to appear and be represented.
• Resolution and Removal:
  • If the investigating House passes a resolution by a two-thirds majority affirming the charge, the President is removed from office effective from the date of the resolution.

Article 62: Time of Holding Election to Fill Vacancy in the Office of President and the Term of Office of Person Elected to Fill Casual Vacancy

• Election Timing for Term Expiration:
  • Elections to fill a Presidential vacancy due to the end of the term must be completed before the term expires.
• Election Timing for Casual Vacancies:
  • If a vacancy arises due to the President’s death, resignation, removal, or any other reason, an election must be held as soon as possible, but no later than six months from the date the vacancy occurs.
  • The person elected in such a situation serves a full term of five years from the date they assume office.

Vice-President of India

Article 63: The Vice-President of India

• Establishment of Vice-President:
  • This article establishes the position of the Vice-President of India.

Article 64: The Vice-President to be Ex Officio Chairman of the Council of States

• Role of the Vice-President:
  • The Vice-President is also the ex officio Chairman of the Council of States (Rajya Sabha).
  • The Vice-President must not hold any other office of profit while serving in this role.
• Acting as President:
  • When the Vice-President acts as the President or performs Presidential functions under Article 65, they do not perform their duties as Chairman of the Rajya Sabha.
  • During this period, the Vice-President does not receive the salary or allowances meant for the Chairman of the Rajya Sabha, as per Article 97.

Article 65: The Vice-President to Act as President or to Discharge His Functions During Casual Vacancies in the Office, or During the Absence, of President

• Acting as President:
  • If the President’s office becomes vacant due to death, resignation, removal, or any other reason, the Vice-President acts as the President until a new President is elected and assumes office.
• Temporary Discharge of Duties:
  • If the President is unable to perform duties due to absence, illness, or other reasons, the Vice-President temporarily discharges the President’s functions until the President resumes duties.
• Powers and Privileges:
  • While acting as or discharging the functions of the President, the Vice-President enjoys all the powers, immunities, and privileges of the President.
  • The Vice-President is entitled to the President’s emoluments, allowances, and privileges during this period, as determined by Parliament or specified in the Second Schedule.

Article 66: Election of Vice-President

• Electoral College:
  • The Vice-President is elected by an electoral college comprising members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
  • The election is conducted through a system of proportional representation by means of a single transferable vote, with voting done by secret ballot.
• Exclusion from Legislature:
  • The Vice-President cannot be a member of either House of Parliament or any State Legislature.
  • If a member of these bodies is elected Vice-President, they must vacate their seat upon assuming office.
• Eligibility Criteria:
  • To be eligible for the position of Vice-President, a person must:
    • Be a citizen of India.
    • Be at least 35 years old.
    • Be qualified for election as a member of the Council of States (Rajya Sabha).
• Office of Profit Disqualification:
  • A person holding an office of profit under the Government of India, any State Government, or under any local or other authority under their control is disqualified from being elected as Vice-President.
  • Exceptions to this rule include being the President, Vice-President, Governor, or a Minister at the Union or State level.

Article 67: Term of Office of Vice-President

• Term Duration:
  • The Vice-President holds office for a term of five years from the date of assuming office.
• Provisions for Resignation and Removal:
  • The Vice-President can resign by writing to the President.
  • The Vice-President can be removed from office by a resolution of the Rajya Sabha (Council of States) passed by a majority of its members and agreed upon by the Lok Sabha (House of the People).
  • A resolution for removal requires at least 14 days’ notice before being moved.
• Continuation in Office:
  • Even after the term expires, the Vice-President continues in office until a successor assumes the role.

Article 68: Time of Holding Election to Fill Vacancy in the Office of Vice-President and the Term of Office of Person Elected to Fill Casual Vacancy

• Scheduled Election:
  • Elections to replace the Vice-President must be held before the end of the current Vice-President’s term.
• Casual Vacancy:
  • If the Vice-President’s office becomes vacant due to death, resignation, removal, or any other reason, an election should be held as soon as possible.
  • The new Vice-President elected under such circumstances will serve a full term of five years starting from the day they assume office.

Article 69: Oath or Affirmation by the Vice-President

• Oath of Office:
  • Before taking office, the Vice-President must make and subscribe to an oath or affirmation.
  • The oath is taken before the President or a person appointed by the President.
  • The Vice-President pledges to bear true faith and allegiance to the Constitution and to faithfully discharge their duties.

Article 70: Discharge of President’s Functions in Other Contingencies

• Parliament’s Power:
  • Parliament has the authority to make provisions for the discharge of the President’s functions in situations not specifically covered in the Constitution.
  • This ensures that there is a mechanism to handle unforeseen situations where the President cannot fulfill their duties, and there is no clear guidance.

Article 71: Matters Relating to, or Connected with, the Election of a President or Vice-President

• Dispute Resolution:
  • The Supreme Court is the final authority to decide on any disputes or doubts regarding the election of the President or Vice-President.
• Effect of Court’s Decision:
  • If the Supreme Court declares the election of the President or Vice-President void, actions taken by them in their official capacity before the decision are not invalidated.
• Parliament’s Role:
  • Parliament can make laws related to the election of the President or Vice-President.
• Election Validity:
  • The election of the President or Vice-President cannot be questioned based on any vacancy in the electoral college that elected them.

Article 72: Power of President to Grant Pardons, etc., and to Suspend, Remit or Commute Sentences in Certain Cases

• Presidential Pardons:
  • The President can grant pardons, reprieves, respites, or remissions of punishment.
  • The President can also suspend, remit, or commute sentences for:
    • Offenses adjudicated by Court Martial.
    • Offenses against laws where the executive power of the Union applies.
    • Sentences of death.
• Military Sentences:
  • This power doesn’t interfere with the ability of Armed Forces officers to modify sentences given by Court Martial.
• State Power:
  • The Governor of a State also has the power to alter death sentences under certain laws.

Article 73: Extent of Executive Power of the Union

• Scope of Power:
  • The Union’s executive power extends to all matters on which Parliament can make laws.
  • This includes exercising authority derived from treaties or agreements.
• State Legislature’s Power:
  • The Union’s executive power doesn’t typically cover matters on which State Legislatures can make laws unless specified by the Constitution or law.
• Continued State Authority:
  • States can continue exercising their executive power in areas where Parliament has legislative power until Parliament decides otherwise.

Article 74: Council of Ministers to Aid and Advise President

• Role of the Council of Ministers:
  • The President acts on the advice of the Council of Ministers, led by the Prime Minister.
  • The President can request the Council to reconsider their advice, but must follow the reconsidered advice.
• Confidentiality of Advice:
  • The advice given by the Council of Ministers to the President cannot be examined by any court.

Article 75: Other Provisions as to Ministers

• Appointment of Ministers:
  • The President appoints the Prime Minister.
  • Other Ministers are appointed by the President based on the Prime Minister’s advice.
• Council Size:
  • The number of Ministers, including the Prime Minister, cannot exceed 15% of the total number of Lok Sabha members.
• Disqualification from Office:
  • A member of Parliament disqualified under the anti-defection law is also disqualified from being appointed as a Minister.
• Tenure and Responsibilities:
  • Ministers serve at the President’s pleasure and are collectively responsible to the Lok Sabha.
  • Ministers must take an oath of office and secrecy before assuming their roles.
  • A Minister who isn’t a Parliament member for six consecutive months will cease to be a Minister.
• Compensation:
  • Ministers’ salaries and allowances are determined by Parliament and, until then, are specified in the Second Schedule.

Article 76: Attorney-General for India

• Appointment:
  • The President appoints the Attorney-General for India, who must be qualified to be a Supreme Court Judge.
• Duties:
  • The Attorney-General provides legal advice to the Government of India and performs other legal duties assigned by the President.
  • They have the right to appear in all Indian courts.
• Term and Remuneration:
  • The Attorney-General holds office at the President’s pleasure and receives remuneration as determined by the President.

Article 77: Conduct of Business of the Government of India

• Executive Actions:
  • All executive actions of the Government of India are taken in the President’s name.
• Order Authentication:
  • Orders and instruments made in the President’s name are authenticated as per rules set by the President and cannot be questioned based on their form.
• Business Rules:
  • The President makes rules for the smooth transaction of government business and for distributing responsibilities among Ministers.

Article 78: Duties of Prime Minister as Respects the Furnishing of Information to the President

• Prime Minister’s Responsibilities:
  • The Prime Minister must inform the President about all Council of Ministers’ decisions on Union administration and legislative proposals.
  • The Prime Minister must provide information requested by the President on Union administration and legislative matters.
  • If required by the President, the Prime Minister must present any matter, not previously considered by the Council of Ministers, for their reconsideration.

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