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POL_010 - Union Executive

The document outlines the role, election process, qualifications, powers, and functions of the President of India as defined in the Constitution. It details the election mechanism involving an electoral college, the President's term, impeachment process, and various powers including executive, legislative, and emergency powers. Additionally, it discusses the President's privileges, conditions of office, and the process for handling vacancies.
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0% found this document useful (0 votes)
2 views16 pages

POL_010 - Union Executive

The document outlines the role, election process, qualifications, powers, and functions of the President of India as defined in the Constitution. It details the election mechanism involving an electoral college, the President's term, impeachment process, and various powers including executive, legislative, and emergency powers. Additionally, it discusses the President's privileges, conditions of office, and the process for handling vacancies.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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012- President Of India

 Articles 52 to 78 in Part V of the Constitution deal with the Union executive.


 The Union executive consists of the
 President,
 Vice President,
 Prime Minister,
 Council of ministers and
 Attorney general of India.
 The President is the HEAD OF THE INDIAN STATE.
 He is the FIRST CITIZEN of India and acts as the symbol of unity, integrity and solidarity of the nation

◉ ELECTION OF THE PRESIDENT


 The President is elected not directly by the people but by members of electoral college consisting of:
1. the elected members of both the Houses of Parliament;
2. the elected members of the legislative assemblies of the states; and
3. the elected members of the legislative assemblies of the Union Territories of Delhi and
Puducherry

 Thus, the nominated members of both of Houses of Parliament, the nominated members of the state
legislative assemblies,
 the members (both elected and nominated) of the state legislative councils (in case of the bicameral
legislature) and
 the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the
election of the President.

 The Constitution provides that there shall be uniformity in the scale of representation of different states
as well as parity between the states as a whole and the Union at the election of the President.
 To achieve this, the number of votes which each elected member of the legislative assembly of each state
and the Parliament is entitled to cast at such election shall be determined in the following manner:

◉ ELECTION OF THE PRESIDENT


1. Every elected member of the legislative assembly of a state shall have as many votes as there are
multiples of one thousand in the quotient obtained by dividing the population of the state by the total
number of the elected members of the assembly.

𝑽𝒂𝒍𝒖𝒆 𝒐𝒇 𝒕𝒉𝒆 𝒗𝒐𝒕𝒆 𝒐𝒇 𝒂𝒏 𝑴𝑳𝑨


𝑇𝑜𝑡𝑎𝑙 𝑝𝑜𝑝𝑢𝑙𝑎𝑡𝑖𝑜𝑛 𝑜𝑓 𝑠𝑡𝑎𝑡𝑒 1
= ×
𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑒𝑙𝑒𝑐𝑡𝑒𝑑 𝑚𝑒𝑚𝑏𝑒𝑟𝑠 𝑖𝑛 𝑡ℎ𝑒 𝑙𝑒𝑔𝑖𝑠𝑙𝑎𝑡𝑖𝑣𝑒 𝑎𝑠𝑠𝑒𝑚𝑏𝑙𝑦 1000

2. Every elected member of either House of Parliament shall have such number of votes as may be obtained
by dividing the total number of votes assigned to members of the legislative assemblies of the states by
the total number of the elected members of both the Houses of Parliament. This can be expressed as:

𝑽𝒂𝒍𝒖𝒆 𝒐𝒇 𝒕𝒉𝒆 𝒗𝒐𝒕𝒆 𝒐𝒇 𝒂𝒏 𝑴𝑷


𝑇𝑜𝑡𝑎𝑙 𝑣𝑎𝑙𝑢𝑒 𝑜𝑓 𝑣𝑜𝑡𝑒𝑠 𝑜𝑓 𝑎𝑙𝑙 𝑀𝐿𝐴𝑠 𝑜𝑓 𝑎𝑙𝑙 𝑠𝑡𝑎𝑡𝑒𝑠
=
𝑇𝑜𝑡𝑎𝑙 𝑛𝑢𝑚𝑏𝑒𝑟 𝑜𝑓 𝑒𝑙𝑒𝑐𝑡𝑒𝑑 𝑚𝑒𝑚𝑏𝑒𝑟𝑠 𝑜𝑓 𝑃𝑎𝑟𝑙𝑖𝑎𝑚𝑒𝑛𝑡 (𝐿𝑆 + 𝑅𝑆)

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◉ QUALIFICATIONS, OATH AND CONDITIONS


1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok Sabha.
4. He should not hold any office of profit under the Union government or any state government or any local
authority or any other public authority.

Further, the nomination of a candidate for election to the office of President must be subscribed by at least 50
electors as proposers and 50 electors as seconders

◉ Oath of President
Oath or Affirmation by the President Before entering upon his office
In his oath, the President swears:
1. to faithfully execute the office;
2. to preserve, protect and defend the Constitution and the law; and
3. to devote himself to the service and well-being of the people of India.

◉ Conditions of President’s Office


The Constitution lays down the following conditions of the President’s office:
1. He should not be a member of either House of Parliament or a House of the state legislature. If any such
person is elected as President, he is deemed to have vacated his seat in that House on the date on which
he enters upon his office as President.
2. He should not hold any other office of profit.
3. He is entitled, without payment of rent, to the use of his official residence (the Rastrapathi Bhavan).
4. He is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
5. His emoluments and allowances cannot be diminished during his term of office

◉ Privileges and immunities.


 He enjoys personal immunity from legal liability for his official acts.
 He is immune from any criminal proceedings, even in respect of his personal acts.
 He cannot be arrested or imprisoned.
 However, after giving two months’ notice, civil proceedings can be instituted against him during his term
of office in respect of his personal acts.

◉ Term of President’s Office


 The President holds office for a term of five years from the date on which he enters upon his office.
 However, he can resign from his office at any time by addressing the resignation letter to the Vice-
President.
 Further, he can also be removed from the office before completion of his term by the process of
impeachment.
 The President can hold office beyond his term of five years until his successor assumes charge.
 He is also eligible for re-election to that office. He may be elected for any number of terms.
 However, in USA, a person cannot be elected to the office of the President more than twice.

◉ Impeachment of President
 The President can be removed from office by a process of impeachment for ‘violation of the Constitution
 IT IS A QUASI JUDICIAL PROCESS
 However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’
 The impeachment charges can be initiated by either House of Parliament.
 These charges should be signed by one-fourth members of the House (that framed the charges), and a 14
days’ notice should be given to the President.

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 After the impeachment resolution is passed by a majority of two-thirds of the total membership of that
House, it is sent to the other House, which should investigate the charges.
 The President has the right to appear and to be represented at such investigation.
 If the other House also sustains the charges and passes the impeachment resolution by a majority of two-
thirds of the total membership, then the President stands removed from his office from the date on which
the resolution is so passed.

 In this context, two things should be noted:


 the nominated members of either House of Parliament can participate in the impeachment of the
President though they do not participate in his election;
 the elected members of the legislative assemblies of states and the Union Territories of Delhi and
Puducherry do not participate in the impeachment of the President though they participate in his
election

◉ Vacancy in the President’s Office


A vacancy in the President’s office can occur in any of the following ways:
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal by the process of impeachment.
4. 4.By his death.
5. Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void.

◉ Vacancy in the President’s Office


 In case of any delay in conducting the election of new President by any reason, the outgoing President
continues to hold office (beyond his term of five years) until his successor assumes charge.
 If the office falls vacant by resignation, removal, death or otherwise, then election to fill the vacancy
should be held within six months from the date of the occurrence of such a vacancy
 When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise,
the Vice-President acts as the President until a new President is elected.
 When the sitting President is unable to discharge his functions Vice-President discharges his functions
until the President resumes his office.
 In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant, the
seniormost judge of the Supreme Court available) acts as the President

◉ POWERS AND FUNCTIONS OF THE PRESIDENT


1. Executive Powers
2. Legislative Powers
3. Financial Powers
4. Judicial Powers
5. Diplomatic Powers
6. Military Powers
7. Emergency Powers

◉ Military Powers
 He is the supreme commander of the defence forces of India. In that capacity, he appoints
the chiefs of the Army, the Navy and the Air Force. He can declare war or conclude peace,
subject to the approval of the Parliament.

◉ Emergency Powers
 In addition to the normal powers mentioned above, the Constitution confers extraordinary powers on
the President to deal with the following three types of emergencies 9:
A. National Emergency (Article 352);

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B. President’s Rule (Article 356); and


C. Financial Emergency (Article 360)

◉ Diplomatic Powers
 The international treaties and agreements are negotiated and concluded on behalf of the President.
However, they are subject to the approval of the Parliament.

◉ Executive Powers
The executive powers and functions of the President are:

 He appoints the attorney general of India and determines his remuneration


 He appoints the following people:
 Comptroller and Auditor General of India (CAG)
 Chief Election Commissioner and other Election Commissioners
 Chairman and members of the Union Public Service Commission
 State Governors
 Finance Commission of India chairman and members
 He seeks administrative information from the Union government
 He requires PM to submit, for consideration of the council of ministers, any matter on which a decision
has been taken by a minister but, which has not been considered by the council
 He appoints National Commissions of:
 Scheduled Castes (Read about National Commission for Scheduled Castes in the linked article.)
 Scheduled Tribes Read about (National Commission for Scheduled Tribes in the linked article.)
 Other Backward Classes (Read about National Commission for Backward Classes in the linked
article.)
 He appoints inter-state council
 He appoints administrators of union territories
 He can declare any area as a scheduled area and has powers with respect to the administration of
scheduled areas and tribal areas

◉ Legislative Powers
 He can summon or prorogue the Parliament and dissolve the Lok Sabha,
 Summon a joint sitting of both the Houses of Parliament, address the Parliament at the commencement
of the first session
 He can promulgate ordinances,
 lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance
Commission, and others, before the Parliament.

 He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
 He addresses the Indian Parliament at the commencement of the first session after every general election
 He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when
the seats fall vacant
 He nominates 12 members of the Rajya Sabha
 He can nominate two members to the Lok Sabha from the Anglo-Indian Community
 He consults the Election Commission of India on questions of disqualifications of MPs.
 He recommends/ permits the introduction of certain types of bills
 He lays the following reports before the Parliament:
 Comptroller and Auditor General
 Union Public Service Commission
 Finance Commission, etc.

◉ Judicial Powers of President


 Appointment of Chief Justice and Supreme Court/High Court Judges are on him

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 He takes advice from the Supreme Court, however, the advice is not binding on him
 He has pardoning power: Under article 72, he has been conferred with power to grant pardon against
punishment for an offence against union law, punishment by a martial court, or death sentence.

◉ Emergency Powers of President


 He deals Emergency Powers of President
 The three types of emergencies given in the Indian Constitution:
 National Emergency (Article 352)
 President’s Rule (Article 356 & 365)
 Financial Emergency (Article 360)

◉ Veto power of the president

Veto Power Of The President

Absolute Veto Qualified Veto Suspensive Veto Pocket Veto

 The veto power enjoyed by the executive in modern states can be classified into the following four types:
1. Absolute veto, that is, withholding of assent to the bill passed by the legislature.
2. Suspensive veto, which can be overridden by the legislature with an ordinary majority.
3. Pocket veto, that is, taking no action on the bill passed by the legislature.

◉ PARDONING POWER OF THE PRESIDENT


 Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried
and convicted of any offence in all cases where the:
1. Punishment or sentence is for an offence against a Union Law;
2. Punishment or sentence is by a court martial (military court);
3. Sentence is a sentence of death.

1. Pardon
It removes both the sentence and the conviction and completely absolves the convict from all sentences,
punishments and disqualifications.

2. Commutation
It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may
be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.

3. Remission
It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous
imprisonment for two years may be remitted to rigorous imprisonment for one year.

4. Respite
It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the
physical disability of a convict or the pregnancy of a woman offender.

5. Reprieve
It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose
is to enable the convict to have time to seek pardon or commutation from the President.

◉ ORDINANCE- MAKING POWER OF THE PRESIDENT

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 Article 123 of the Constitution empowers the President to promulgate ordinances during
the recess of Parliament
1. He can promulgate an ordinance only when both the Houses of Parliament are not in
session or when either of the two Houses of Parliament is not in session.
2. He can make an ordinance only when he is satisfied that the circumstances exist
that render it necessary for him to take immediate action.
3. Every ordinance issued by the President during the recess of Parliament must
be laid before both the Houses of Parliament when it reassembles.
 If the ordinance is approved by both the Houses, it becomes an act.
 If Parliament takes no action at all, the ordinance ceases to operate on the expiry
of six weeks from the reassembly of Parliament.

◉ QUESTIONS ON PRESIDENT
 Which Article of the Indian Constitution says that there shall be a President of India?
A. 61
B. 62
C. 52
D. 74
 Answer C

 Who participates in the Presidential election?


A. Elected members of both Houses of Parliament
B. Elected and nominated members of the State Legislative Assembly
C. Members of all Union Territories
D. All of the above
 Answer A

 What qualifications should be to become a President?


A. 35 years of age
B. He should be eligible to be elected as a member of Rajya Sabha.
C. Must be an Indian citizen
D. Only a and c
 Answer D

◉ PRESIDENTS OF INDIA
S.N. NAME TENURE NOTES
1 1. Dr. Rajendra Prasad 26 January 1950 First president, longest tenure (12 years)
(1884-1963) to 12 May 1962
2 2. Dr. S. Radhakrishnan 13 May 1962 to13 He was the first President from South India.
(1888-1975) May 1967 Teacher’s day is celebrated on 5 Sept. to honour his
birthday.
3 3. Dr. Zakir Hussain (1897- 13 May 1967 to 3 President with the shortest tenure, first Muslim
1969) May 1969 president to die in harness
4. V.V. Giri (1894-1980) 3 May 1969 to 20 First acting president of India
July 1969
5. Justice Muhammad 20 July 1969 to Served as the Chief Justice of India, and was a
Hidayatullah (1905- 24 August 1969 recipient of the Order of the British Empire.
1992)
4 6. Varahagiri Venkata Giri 24 August 1969 Giri is the only person to have served as both an
(1894-1980) to 24 August acting president and president of India.
1974
5 7. Fakhruddin Ali Ahmed 24 August 1974- Second Indian president to die in office.
(1905-1977) 11 February 1977
8. B. D. Jatti (1912-2002) 11 February 1977 Served as acting President of India upon Ahmed’s

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to 25 July 1977 death.


6 9. Neelam Sanjiva Reddy 25 July 1977 to Youngest to become president@ 64 yr, the first
(1913-1996) 25 July 1982 president who did not become vice -president.
Also, He was elected without any opposition.
7 10. Giani Zail Singh (1916- 25 July 1982 to First Sikh President
1994) 25 July 1987
8 11. R. Venkataraman (1910- 25 July to 1987 Oldest to become President @ 76 yr
2009) 25 July 1992
9 12. Dr. Shankar Dayal 25 July 1992 to Sharma was Chief Minister of Madhya Pradesh
Sharma (1918-1999) 25 July 1997
10 13. K.R. Narayanan (1920- 25 July 1997 to He was the first President from Kerala, and also the
2005) 25 July 2002 first Dalit President.
11 14. Dr. A.P.J. Abdul Kalam 25 July 2002 to He was the first bachelor/ Scientist president of
(1931-2015) 25 July 2007 India and the first Muslim President who
completed his term.
12 15. Pratibha Devisingh Patil 25 July 2007 to The first woman to become the President of India.
(b. 1934) 25 July 2012
13 16. Pranab Mukherjee (b. 25 July 2012 to Served as the Foreign Minister, Defence Minister
1935) 24 July 2017 and Deputy Chairman of the Planning Commission.
14 17. Ram Nath Kovind 25 July 2017 to 14th President of India and he is the second Dalit
(b.1945) 24 July 2022 President
15 18. Draupadi Murmu 25 July 2022- She is the first tribal woman President of India.
Incumbent

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013- Prime Minister Of India

◉ An introduction
 The scheme of parliamentary system of government provided by the constitution, the President is the
nominal executive authority.
 and Prime Minister is the real executive authority (de facto executive)
 In other words, president is the head of the State while Prime Minister is the head of the government.

◉ Appointment of the Prime Minister


 The Constitution does not contain any specific procedure for the selection and appointment of the Prime
Minister.
 Article 75 says only that the Prime Minister shall be appointed by the president
 However, this does not imply that the president is free to appoint any one as the Prime Minister.

◉ Who is eligible to be a Prime Minister?


 To become an Indian prime minister one has to be
 A citizen of India.
 A member of either Rajya Sabha or Lok Sabha
 He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of
age if he is a member of the Lok Sabha

◉ OATH
 Before the Prime Minister enters upon his office, the president administers to him the oaths of office and
secrecy. In his oath of office, the Prime Minister swears:
1. to bear true faith and allegiance to the Constitution of India,
2. to uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his office, and
4. to do right to all manner of people in accordance with the Constitution
and the law, without fear or favour, affection or ill will.

◉ TERM
 The term of the Prime Minister is not fixed and he holds office during the PLEASURE OF THE PRESIDENT.
 However, this does not mean that the president can dismiss the Prime Minister at any time.
 So long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by
the President.
 However, if he loses the confidence of the Lok Sabha, he must resign or the President can dismiss him

◉ SALARY
 The salary and allowances of the Prime Minister are determined by the Parliament from time to time.
 He gets the salary and allowances that are payable to a member of Parliament. Additionally, he gets a
sumptuary allowance, residence rent free etc.

◉ Powers and functions of the Prime Minister

★ In Relation to Council of Ministers

The Prime Minister enjoys the following powers as head of the Union council of ministers:
1. He recommends persons who can be appointed as ministers by the president. The President can appoint

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only those persons as ministers who are recommended by the Prime Minister.
2. He allocates and reshuffles various portfolios among the ministers.
3. He can ask a minister to resign or advise the President to dismiss him in case of
difference of opinion.
4. He presides over the meeting of council of ministers and influences its decisions.
5. He guides, directs, controls, and coordinates the activities of all the ministers.
6. He can bring about the collapse of the council of ministers by resigning from office.

★ In Relation to Parliament

The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the following
powers:
1. He advises the President with regard to summoning and proroguing of the sessions
of the Parliament.
2. He can recommend dissolution of the Lok Sabha to President at any time.
3. He announces government policies on the floor of the House.

★ Other Powers & Functions

1. He is the chairman of the NITI Ayog


2. He plays a significant role in shaping the foreign policy of the country.
3. He is the chief spokesman of the Union government.
4. He is the crisis manager-in-chief at the political level during emergencies.

◉ RELATIONSHIP WITH THE PRESIDENT

 Article 74
There shall be a council of ministers with the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in accordance with such advice.

 Article 75
 The Prime Minister shall be appointed by the President and the other
ministers shall be appointed by the president on the advice of the Prime
Minister;
 The ministers shall hold office during the pleasure of the president; and
 The council of ministers shall be collectively responsible to the House of the
People.

 Article 78
It shall be the duty of the Prime Minister:
 to communicate to the President all decisions of the council of ministers relating to the
administration of the affairs of the Union and proposals for legislation.

◉ Prime Ministers of India


S.N. Name Born- Term of office Remark
Dead
1 Jawahar Lal (1889- 5 August 1947-27 • The first prime minister of India and longest-
Nehru 1964) May 1964, (16 years, serving PM of India, first to die in office.
286 days) • He brought the reform of the Ancient Hindu Civil
Code.
2 Gulzarilal (1898- 27 May,1964 to 9 • He was the first interim prime minister of India.
Nanda 1998) June 1964, (13 days) • He served twice as the acting PM of India.
3 Lal Bahadur (1904- 9 June, 1964 to 11 • He gave slogan of ‘Jai Jawan Jai Kisan’ during Indo-
Shastri 1966) January 1966, (1 Pak war of 1965.
year, 216 days) • He also promoted the White Revolution in India.

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4 Indira Gandhi (1917- 24 January 1966 to • First lady Prime Minister of India
1984) 24 March 1977, (11 • She was named the Women of the Millennium and
years, 59 days) is the first lady to receive Bharat Ratna.
5 Morarji Desai (1896- 24 March 1977- 28 • He was the Oldest to become PM @ 81 and first PM
1995) July 1979, (2 year, who resigned without completing his office tenure.
116 days) •Also, he formally ended the state of emergency
imposed by Indira Gandhi.
• Moreover, he is the only Indian Prime Minister who
got Nishaan-e-Pakistan (Pakistan’s highest civilian
award)
6 Charan Singh (1902- 28 July, 1979 to 14 • Only PM who did not face the Parliament.
1987) Jan. 1980, (170 days) • He removed the Zamindari System and brought
Land Reform Acts in India.
7 Indira Gandhi (1917- 14 Jan.1980 to 31 • First lady who served as PM for the second term.
1984) Oct. 1984, (4 years, • She also got Bangladesh Swadhinata Samman. She
291 days) is the world’s longest-serving PM.
• Her courage and boldness helped India win over
Pakistan in 1971 Indo-Pak war.
8 Rajiv Gandhi (1944- 31 Oct, 1984 to 2 Dec. • Youngest to become PM @ 40 year
1991) 1989, (5 years, 32 • Also, he brought computers to India.
days)
9 V.P. Singh (1931- 2 Dec. 1989 to 10 • First PM to step down after a vote of no confidence
2008) Nov. 1990, (343
days)
10 Chandra (1927- 10 November,1990 • He belongs to Samajwadi Janata Party
Shekhar 2007) to 21 June 1991, (223
days)
11 P.V. (1921- 21 June 1991 to 16 • First PM from South India.
Narasimha 2004) May 1996, (4 years, • He is known as the Father of Indian Economic
Rao 330 days) Reforms.
12 Atal Bihari (born 16 May, 1996 to 1 • PM for shortest tenure.
Vajpayee 1924) June 1996 (16 days) • He improved India’s telecom industries.
• Also, he took initiatives to improve Indo- Pak
relationships.
13 H. D. Deve (born 1 June, 1996 to 21 • He belongs to Janata Dal
Gowda 1933) April 1997, (324
days)
14 Inder Kumar (1919- 21 April 1997 to 19 • He resisted signing the Comprehensive Test Ban
Gujral 2012) March, (1998 332 Treaty which paved the path to the Pokhran Nuclear
days) Tests.
15 Atal Bihari (born 19 March, 1998 to 22 • The first non-congress PM who completed a full
Vajpayee 1924) May 2004 (6 years, term as PM
64 days)
16 Manmohan (born 22 May 2004 to 26 • First Sikh PM
Singh 1932) May 2014, (10 years, • He founded 8 new IITs to India.
4 May 2 days) • He also initiated the National Rural Health Mission.
17 Narendra (born 26 May 2014, • 4th Prime Minister of India who served two
Modi 1950) Incumbent consecutive tenures

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◉ Central Council of Ministers

 ARTICLE 74  deals with the status of the council of ministers’ while

 ARTICLE 75  deals with the appointment, tenure, responsibility, qualification, oath and salaries and
allowances of the ministers.

 ARTICLE 74  COUNCIL OF MINISTERS TO AID AND ADVISE PRESIDENT


 There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in accordance with such advice
 The advice tendered by Ministers to the President shall not be inquired into in any court.

 ARTICLE 75  OTHER PROVISIONS AS TO MINISTERS


 The Prime Minister shall be appointed by the President and the other Ministers shall be appointed
by the President on the advice of the Prime Minister.
 The total number of ministers, including the Prime Minister, in the Council of Ministers shall not
exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment
Act of 2003.
 A member of either house of Parliament belonging to any political party who is disqualified on
the ground of defection shall also be disqualified to be appointed as a minister. This provision was
also added by the 91st Amendment Act of 2003.
 The council of ministers shall be collectively responsible to the Lok Sabha.

◉ Questions
 Who among the following heads the Central government in India?
A. Prime Minister
B. Chief Minister
C. President
D. Vice-President
 Ans- A

 Which one of the following article deals with the appointment of the Prime Minister and other ministers?

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A. Article 76
B. Article 74
C. Article 75
D. Article 72
 Ans- C

 Who among the following shall communicate to the president all the decisions of the council of ministers
under article 78?
A. Home minister
B. Prime minister
C. Attorney general
D. Finance minister
 Ans. B

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014- Vice President

◉ AN INTRODUCTION
 The Vice-President occupies the second highest office in the country.
 He is accorded a rank next to the President in the official warrant of precedence.
 This office is modelled on the lines of the American Vice-President.

◉ The Vice-President of India (Articles 63-73)


 ARTICLE 63: THE VICE-PRESIDENT OF INDIA
There shall be a Vice-President of India.
 Part V of the Constitution of India under Chapter I (Executive) also discusses about the office of the Vice-
President of India.

◉ ELECTION- ARTICLE 66
 The Vice-President, like the president, is elected not directly by the people but by the method of indirect
election.
 He is elected by the members of an electoral college consisting of the members of both Houses of
Parliament.
 Thus, this electoral college is different from the electoral college for the election of the President in the
following two respects:

2. It does not include the members of the


1. It consists of both elected and nominated
state legislative assemblies (in the case of
members of the Parliament (in the case of
President, the elected members of the state
president, only elected members).
legislative assemblies are included).

◉ QUALIFICATIONS
 Qualifications To be eligible for election as Vice-President, a person should fulfil the following
qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Rajya Sabha.
4. He should not hold any office of profit under the Union government or any state government or
any local authority or any other public authority.
 But, a sitting President or Vice-President of the Union, the governor of any state and a minister for the
Union or any state is not deemed to hold any office of profit.
 Further, the nomination of a candidate for election to the office of Vice President must be subscribed by
at least 20 electors as proposers and 20 electors as seconders.
 Every candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India.

◉ Oath or Affirmation- ARTICLE 69


 Before entering upon his office, the Vice President has to make and subscribe to an oath or affirmation.
In his oath, the Vice President swears:
1. to bear true faith and allegiance to the Constitution of India; and
2. to faithfully discharge the duties of his office.
 The oath of office to the Vice-President is administered by the President or some person appointed in that

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behalf by him

◉ Conditions of Office
 He should not be a member of either House of Parliament or a House of the state legislature. If any such
person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which
he enters upon his office as Vice-President.
 He should not hold any other office of profit.

◉ Term of Office- ARTICLE 67


 The Vice-President holds office for a term of five years from the date on which he enters upon his office.
 However, he can resign from his office at any time by addressing the resignation letter to the President.
 He can also be removed from the office before completion of his term
 He can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and
agreed to by the Lok Sabha.
 Resolution should be passed in the Rajya Sabha by an effective majority and in the Lok Sabha by a simple
majority.
 Further, this resolution can be introduced only in the Rajya Sabha and not in the Lok Sabha. But, no such
resolution can be moved unless at least 14 days advance notice has been given.
 Notably, no ground has been mentioned in the Constitution for his removal.
 The Vice-President can hold office beyond his term of five years until his successor assumes charge.
 He is also eligible for reelection to that office. He may be elected for any number of terms.

◉ Vacancy
 A vacancy in the Vice-President’s office can occur in any of the following ways:
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal.
4. By his death.
5. Otherwise, for example, when he becomes disqualified to hold office or when his election is
declared void.

◉ The functions of Vice President are two-fold

The functions of Vice President are two-fold

He acts as the ex-officio Chairman of Rajya Sabha. In He acts as President when a vacancy occurs in the office
this capacity, his powers and functions are similar to of the President due to his resignation, impeachment,
those of the Speaker of Lok Sabha death or otherwise.

 He can act as President only for a maximum period of six months within which a new President has to be
elected.
 Further, when the sitting President is unable to discharge his functions due to absence, illness or any
other cause, the Vice-President discharges his functions until the President resumes his office. and in
vice-president absence CJI or the seniormost judge of supreme court acts as President
 1st time - 1969 - DR Zakir Hussain died DR vv giri resigned -
 CJI Md Hidayatullah acted as President.
 While acting as President or discharging the functions of President, the Vice-President does not perform
the duties of the office of the chairman of Rajya Sabha.

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 During this period, those duties are performed by the Deputy Chairman of Rajya Sabha

◉ QUIZ
 Which article of Indian Constitution says that India shall be a Vice-President ?
A. 52
B. 61
C. 62
D. 63
 Answer D

 Who among the following can contest the election of Vice President while remaining in office?
A. President
B. Vice President
C. Governor of the State
D. All
 Answer D

 How can the Vice-President be removed from the post?


A. By the full process of impeachment
B. The Rajya Sabha can remove him by passing the resolution with absolute majority but the consent
of the Lok Sabha is necessary.
C. Both by a and b
D. None of the following
 Answer B

◉ Vice-President of India
Vice-President of India Term of office Remark
Sarvepalli Radhakrishnan (First
13 May 1952-12 May 1957
Vice-President of 13 May 1952-12
13 May 1957-12 May 1962
May 1957 India)
Zakir Hussain 13 May 1962-12 May 1967
V.V. Giri 13 May 1967-3 May 1969
Gopal Swarup Pathak 31 August 1969 -30 August 1974
B. D. Jatti 31 August 1974-30 August 1979
Mohammad Hidayatullah 31 August 1979-30 August 1984
R.Venkataraman 31 August 1984-24 July 1987
Shankar Dayal Sharma 3 September 1987- 24 July 1992
K.R. Narayanan 21 August 1992- 24 July 1997
Krishan Kant 21 August 1997-27 July 2002
Bhairon Singh Shekhawat 19 August 2002-21 July2007
11 August 2007 - 10 August 2012
Mohammad Hamid Ansari
11 August 2012 -10 August 2017
Venkaiah Naidu 11 August 2017 - 10 August 2022
Jagdeep Dhankhar 11 August 2022 - Incumbent

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