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Polity · AFCAT

The Union Executive

✈️ POA05 · Indian Polity · AFCAT GA AFCAT Level ★ High Priority

📌 AFCAT Focus: (1) President — electoral college (who participates?), qualifications, pardoning power (5 types under Art 72); (2) Vice-President — ex-officio Chairman of Rajya Sabha; (3) PM — real executive, appointed by President; (4) Article 123 (Ordinance power). Direct factual questions: "Who appoints X?" or "Which Article deals with Y?"

1. President of India

👥 President — Qualifications, Election, Powers & Impeachment (Article 52)

Qualifications

Articles 52, 58

Must be an Indian citizen
Age: 35 years or above
Must be eligible for election as Lok Sabha member
Must not hold any office of profit
Term: 5 years (re-election permitted)
Oath administered by: Chief Justice of India

Electoral College

Indirect election — Article 54

Elected MPs from BOTH Houses of Parliament
Elected MLAs of all State Legislative Assemblies
NOT nominated MPs or nominated MLAs
NOT MLCs (Members of Legislative Councils)
Method: Single Transferable Vote with proportional representation

Key Powers

Executive, Legislative, Judicial

Executive: Appoints PM, CJI, CAG, AG, Governors
Legislative: Summon/prorogue Parliament; address; assent to bills
Ordinance: Article 123 — when Parliament not in session
Pardoning: Article 72 — 5 types
Nominates 12 to Rajya Sabha (art, literature, science, social service)
Emergency: Articles 352, 356, 360

Impeachment (Art 61)

For violation of Constitution only

Initiated in either House of Parliament
14-day advance notice must be given to President
Requires special majority in BOTH Houses
Quasi-judicial process — President can defend himself
Has never happened in India's history

Article 72 — President's Pardoning Power (5 Types):
● Pardon — completely removes conviction and entire sentence
● Reprieve — temporary suspension of sentence (to allow appeal)
● Respite — award of lesser sentence due to special reason (disability, pregnancy, etc.)
● Remission — reduces the duration/quantum of sentence without changing its nature
● Commutation — substitutes one form of punishment with a lesser one (e.g., death → life imprisonment)
Covers: offences against Union laws · court-martial punishments · all death sentence cases

2. Vice-President, Prime Minister & Council of Ministers

Vice-President (Articles 63–71)

Ex-officio Chairman of Rajya Sabha

Ex-officio Chairman of Rajya Sabha — by virtue of office
Elected by Electoral College of both Houses of Parliament (not MLAs)
Term: 5 years
Removal: Resolution by Rajya Sabha (special majority) + agreed to by Lok Sabha
Acts as President when President is unable to discharge functions
Qualifications: Indian citizen; 35+ years; qualified for Rajya Sabha

Prime Minister (Articles 74–75)

Head of government; real executive

Real executive — PM is head of government, not head of state
Appointed by President (convention: leader of majority party in Lok Sabha)
Council of Ministers collectively responsible to Lok Sabha
PM advises President on all matters (42nd Amendment made this binding)
Can remain PM for 6 months even if not a Parliament member
If PM resigns or loses confidence, entire CoM goes

CoM

Council of Ministers

Article 74 — Three categories

Cabinet Ministers: Senior-most; attend Cabinet meetings; head important ministries
Ministers of State: Independent charge (head a ministry independently) or assist Cabinet ministers
Deputy Ministers: Assist Cabinet/State ministers; no independent charge
Principle of Collective Responsibility: all ministers stand or fall together
Principle of Individual Responsibility: each minister responsible to Parliament for own ministry

📝 AFCAT PYQ Practice — POA05

Q1. The President of India is elected by: AFCAT PYQ

(a) Elected members of Parliament only(b) All members of Parliament and State Legislatures(c) Elected MPs + elected MLAs of all States(d) Direct election by citizens of India

✔ Answer: (c) Elected MPs + elected MLAs of all states

The Electoral College for the President comprises elected members of both Houses of Parliament (Lok Sabha + Rajya Sabha — NOT nominated members) and elected MLAs of all state legislative assemblies (NOT MLCs and NOT nominated MLAs). The election uses Single Transferable Vote with proportional representation. UTs with legislature (Delhi, Puducherry) also participate.

Q2. The pardoning power of the President of India is dealt with under which Article? AFCAT PYQ

(a) Article 61(b) Article 72(c) Article 123(d) Article 143

✔ Answer: (b) Article 72

Article 72 deals with the pardoning power of the President — 5 types: Pardon, Reprieve, Respite, Remission, Commutation. Art 61 = Impeachment procedure; Art 123 = Ordinance-making power (when Parliament not in session); Art 143 = Advisory jurisdiction (Presidential reference to Supreme Court for opinion).

Q3. Who is the ex-officio Chairman of the Rajya Sabha? AFCAT PYQ

(a) President of India(b) Prime Minister(c) Speaker of Lok Sabha(d) Vice-President of India

✔ Answer: (d) Vice-President of India

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha under Article 64. "Ex-officio" means by virtue of his office — he serves as Chairman automatically because of being VP, not through a separate election. The Speaker of Lok Sabha is elected by Lok Sabha members. The Deputy Chairman of Rajya Sabha is elected by Rajya Sabha members.

Q4. The President of India can promulgate an Ordinance under which Article? AFCAT PYQ

(a) Article 108(b) Article 110(c) Article 123(d) Article 368

✔ Answer: (c) Article 123

Article 123 empowers the President to promulgate Ordinances when Parliament is not in session and immediate action is required. An Ordinance has the same force as an Act of Parliament but must be approved by Parliament within 6 weeks of its reassembly — else it lapses. Art 108 = Joint Sitting; Art 110 = Money Bill; Art 368 = Constitutional Amendment.

Q5. The Council of Ministers in India is collectively responsible to: AFCAT PYQ

(a) The President(b) The Prime Minister(c) The Rajya Sabha(d) The Lok Sabha

✔ Answer: (d) The Lok Sabha

Article 75(3) states that the Council of Ministers is collectively responsible to the Lok Sabha (House of the People). This is a fundamental feature of the Parliamentary system. If the Lok Sabha passes a vote of no-confidence, the entire CoM must resign. The President can dissolve the Lok Sabha on PM's advice.

🌟 Memory Chart — POA05 Union Executive

👥 President

Elected by: MPs + MLAs (elected only)
Age: 35+; Term: 5 years
Oath: by Chief Justice of India
Impeachment: Art 61 (both houses)
Never impeached in India's history

⚖ Key Articles

Art 61: Impeachment
Art 72: Pardoning power (5 types)
Art 123: Ordinance power
Art 143: Advisory jurisdiction
Arts 352/356/360: Emergency powers

⚖ PM & VP

VP: ex-officio Chairman of Rajya Sabha
VP elected by: Both Houses of Parliament (no MLAs)
PM: real executive; answers to Lok Sabha
CoM: collectively responsible to Lok Sabha

📋 Quick Reference — POA05

👥 President

Head of State; nominal executive
Electoral College: elected MPs + MLAs
Term: 5 years; Age: 35+
Oath: CJI administers

⚖ Art 72 — 5 Pardons

Pardon: remove conviction
Reprieve: temporary suspension
Respite: lesser sentence (special reason)
Remission: reduce quantum
Commutation: substitute lesser punishment

⚖ Appointment Powers

Appoints PM, CJI, CAG, AG
Appoints Governors of all states
Nominates 12 to Rajya Sabha
Summons/prorogues Parliament

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