President and Vice President

Subject: Polity | Unit: Union Government | Topic: President and Vice President Exam: AP Group 2 (APPSC) Prerequisites: Salient Features, Fundamental Rights

Introduction

The President of India is the head of state and the first citizen of the country, while the Vice President serves as the ex-officio Chairman of the Rajya Sabha and acts as President when the office falls vacant. Together, they form the apex of India's parliamentary executive at the Union level. The President is the nominal head with real executive power residing in the Prime Minister and Council of Ministers.

Historical Context / Constitutional Background

The office of the President was modelled on the British Crown and the Irish President, adapted to India's republican framework. The framers chose a parliamentary system where the President would be a constitutional head, acting on the advice of the Council of Ministers. India's first President was Dr. Rajendra Prasad (1950-1962), the only President to serve two terms.

Core Content

The President (Articles 52-62, 72-73, 123)

Basic Provisions

• Article 52: There shall be a President of India
• Article 53: Executive power of the Union vested in the President
• President is the nominal/titular/constitutional head — real power with PM and Council of Ministers (Art 74)
• President is head of state, PM is head of government

Qualifications (Article 58)

• Must be a citizen of India
• Must have completed 35 years of age
• Must be qualified for election as a member of Lok Sabha
• Must NOT hold any office of profit under Government
• Exception: President, VP, Governor, Minister are NOT considered "office of profit"

Election (Articles 54-55)

• Elected by an Electoral College consisting of:
  • Elected members of both Houses of Parliament (NOT nominated)
  • Elected members of State Legislative Assemblies (NOT Councils)
  • Elected members of Legislative Assemblies of Delhi and Puducherry (70th Amendment)
• Method: single transferable vote with proportional representation
• Value of MLA vote = (State population / Total MLAs) / 1000
• Value of MP vote = Total value of all MLAs / Total elected MPs
• Disputes decided by Supreme Court (Article 71); SC decision is final

Term and Removal (Articles 56, 61)

• Term: 5 years from date of assuming office
• Can be re-elected any number of times
• Can resign by writing to the Vice President
• Removed by impeachment for "violation of the Constitution" (Art 61):
  • Charge initiated by either House with 14 days' notice signed by 1/4 of total members
  • Resolution passed by 2/3 majority of total membership of that House
  • Other House investigates the charge
  • If investigation House passes resolution by 2/3 majority → President removed
• Impeachment is a quasi-judicial process; no Indian President has been impeached

Executive Powers

• All executive actions taken in his name (Art 77)
• Appoints PM, Ministers, AG, CAG, SC/HC judges, Governors, Election Commissioners, UPSC members, Finance Commission
• Can seek information from PM on administration (Art 78)

Legislative Powers

• Summons, prorogues Parliament; dissolves Lok Sabha (Art 85)
• Addresses Parliament at start of first session each year (Art 87)
• Nominates 12 members to Rajya Sabha (literature, science, art, social service)
• Assent to bills: can give assent, withhold assent, or return for reconsideration (but NOT for Money Bills and Constitutional Amendment Bills)
• Ordinance-making power (Art 123): when Parliament not in session; must be laid before Parliament within 6 weeks of reassembly

Veto Powers

The pocket veto was used for the Indian Post Office Amendment Bill, 1986 by President Zail Singh.

Judicial Powers (Article 72)

• Can grant pardon, reprieve, respite, remission, commutation of sentences
• Extends to: cases under Union law, court martial sentences, and death sentences
• ONLY the President can pardon death sentences (Governor cannot under Art 161)

Emergency Powers

• National Emergency (Art 352): On written advice of Cabinet
• President's Rule (Art 356): On Governor's report or otherwise
• Financial Emergency (Art 360): Never imposed in India

The Vice President (Articles 63-71)

Basic Provisions

• Article 63: There shall be a Vice President of India
• Article 64: VP is the ex-officio Chairman of Rajya Sabha
• VP acts as President when the office is vacant or President is unable to discharge duties (Art 65)
• When acting as President, VP does NOT perform duties of RS Chairman

Qualifications (Article 66)

• Must be a citizen of India
• Must have completed 30 years of age
• Must be qualified for election as a member of Rajya Sabha
• Must NOT hold any office of profit

Election

• Elected by an Electoral College of members of both Houses of Parliament (elected + nominated)
• Method: single transferable vote with proportional representation
• VP electoral college includes nominated members and excludes state MLAs (differs from President's)

Term and Removal

• Term: 5 years; can be re-elected
• Can resign by writing to the President
• Removed by a resolution of Rajya Sabha passed by majority of all members AND agreed to by Lok Sabha (Art 67)
• 14 days' notice required; no formal impeachment (unlike President)

Comparison: President vs Vice President

Key Articles Table

Andhra Pradesh Connection

• AP MLAs vote in Presidential election — their vote value depends on AP's population
• AP Rajya Sabha members (11 seats) vote in both Presidential and VP elections
• APPSC frequently asks about differences between President and Governor's powers (especially pardoning power)
• AP's 175 MLAs form a significant voting block in Presidential elections

Key Points Summary

1. President is head of state; PM is head of government
2. President is nominal executive; PM is real executive (Art 74)
3. President elected by Electoral College (elected MPs + State MLAs + Delhi/Puducherry MLAs)
4. President: 35 years, Lok Sabha qualification; VP: 30 years, Rajya Sabha qualification
5. Both elected by single transferable vote with proportional representation
6. President's term: 5 years; can be re-elected any number of times
7. Impeachment for "violation of the Constitution" — 2/3 of total membership of each House
8. No Indian President has ever been impeached
9. Pocket veto: Indian Post Office Amendment Bill (1986) — President Zail Singh
10. Only President can pardon death sentences (Governor cannot)
11. Art 123: Ordinance power when Parliament not in session
12. VP is ex-officio Chairman of Rajya Sabha
13. VP electoral college includes nominated MPs but excludes state MLAs
14. VP removed by RS majority + LS agreement (not impeachment)
15. Three types of emergencies: National (352), State (356), Financial (360)

Exam Strategy

Key Terms Glossary