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Polity · CDS

POC06 — The Union Executive

⚖ POC06 · Indian Polity – VI · Chapter 6 CDS Level ★ High Priority

📌 CDS Focus: The President's election (formula for value of votes), powers (especially ordinance power, pardoning power under Art. 72, emergency powers), and impeachment are directly tested. The distinction between Council of Ministers and Cabinet, the PM's role, and collective responsibility are high-yield. Know: who appoints whom, what happens on resignation of PM, pocket veto, and the difference between different types of emergency (Art. 352, 356, 360).

PART A — THE PRESIDENT (Articles 52–62)

1. President of India

1.1 Election, Eligibility & Term PYQ Direct

📌 Eligibility (Article 58)

Must be a citizen of India
Must have completed 35 years of age
Must be qualified to be a member of the Lok Sabha
Must not hold any office of profit under the Government
Note: A sitting President/VP, Governor, or Minister is NOT considered to hold an office of profit

📌 Term, Oath & Removal

Term: 5 years from date of entering office
Oath administered by: Chief Justice of India
Re-election: Can be elected any number of times (no bar)
Resignation: Written to Vice-President
Removal: By Impeachment under Article 61 (only for violation of Constitution)

1.2 Election Process — Electoral College High Priority PYQ

Electoral College: President is elected by an indirect election by an Electoral College consisting of: (1) Elected members of both Houses of Parliament (Lok Sabha + Rajya Sabha), and (2) Elected members of the Legislative Assemblies of all States + Delhi + Puducherry. Nominated members of Parliament/State Assemblies and Legislative Council members are NOT included. The election is by Single Transferable Vote with proportional representation.

Value of Vote Formula:
MLA's vote value = Total population of state ÷ (Total elected MLAs × 1000)
MP's vote value = Total value of all MLA votes ÷ Total elected MPs (LS + RS)

1.3 Impeachment — Article 61 PYQ

Impeachment Process (Art. 61): Only ground — violation of the Constitution. Process: (1) Charges preferred by either House. (2) 14-day advance notice signed by at least 1/4th of total members of that House. (3) Resolution passed by 2/3rd majority of total membership of that House. (4) Other House investigates the charges. (5) If other House also passes by 2/3rd majority — President is removed. Note: Nominated members, State legislatures — do NOT participate in impeachment.

1.4 Powers of the President Maximum PYQs

⚡

Executive Powers

Articles 53, 74, 75, 77

All executive power of Union vested in President
Appoints: PM (Art. 75), other ministers, Governors, AG, CAG, Chief Election Commissioner, UPSC Chairman, judges of SC & HC
Acts on aid and advice of CoM headed by PM (after 44th Amendment — binding advice)
Can return advice once — but must accept if sent again

📋

Legislative Powers

Arts. 85, 86, 108, 111

Summons and prorogues Parliament; dissolves Lok Sabha
Addresses joint sitting of Parliament (Art. 86)
First session of year — address to Parliament (Art. 87)
Assent to Bills: (a) Assent, (b) Withhold assent, (c) Return for reconsideration — pocket veto (keep bill pending indefinitely — only for non-money bills)
Ordinance-making power: Art. 123 — when Parliament not in session

💰

Financial Powers

Money Bill can be introduced only with President's prior recommendation (Art. 117)
Causes Union Budget to be laid before Parliament
No demand for grant can be made without his recommendation
Contingency Fund of India is at his disposal

⚖️

Pardoning Power (Art. 72)

Most Tested Power

Pardon — completely absolves punishment; sets aside conviction
Reprieve — temporary stay of execution
Respite — award of lesser sentence in special circumstances
Remission — reduce sentence without changing its character
Commutation — substitute lesser form of punishment
Art. 72 applies when: punished by court martial, death sentence, offences against Union law

🚨

Emergency Powers

Arts. 352, 356, 360

Art. 352 — National Emergency (war/external aggression/armed rebellion)
Art. 356 — State Emergency / President's Rule (failure of constitutional machinery)
Art. 360 — Financial Emergency (threat to financial stability)
Art. 352 — Can be proclaimed by President only on written advice of Cabinet
Art. 356 used most frequently; controversially used many times

📜

Ordinance Power (Art. 123)

Legislative Power During Recess

Can promulgate ordinances when Parliament is NOT in session
Must be approved by Parliament within 6 weeks of reassembly
Has the same force as an Act of Parliament
Cannot be used to amend Constitution or extend Emergency
President cannot re-promulgate same ordinance to bypass Parliament (SC ruling)

⚠ President's Powers Traps: (1) President's oath administered by CJI — NOT the Vice-President. (2) President's resignation goes to Vice-President — NOT CJI. (3) Ordinance must be laid before Parliament within 6 weeks — NOT approved within 6 weeks (it lapses if not approved). (4) Pocket veto — keeping a non-money bill pending; no time limit for ordinary bills. (5) President CANNOT pardon punishment by state courts for state offences — Governor has that power (Art. 161). (6) Presidential Election — Nominated MPs/MLAs do NOT vote.

PART B — VICE-PRESIDENT (Article 63)

2. Vice-President of India

📌 Election & Eligibility

Elected by Electoral College of both Houses of Parliament (LS + RS) — elected AND nominated members
Unlike President's election — State Assembly members do NOT vote
By single transferable vote with proportional representation
Eligibility: citizen of India; 35 years old; qualified to be a member of Rajya Sabha
Must not hold any office of profit

📌 Role & Functions

Ex-officio Chairman of Rajya Sabha (like US VP who is President of Senate)
Acts as President when President is absent/ill/vacancy occurs
While acting as President, does NOT perform duties as RS Chairman
Term: 5 years
Removal: Resolution by RS (absolute majority) + agreed by LS (simple majority); 14-day notice required
Salary: As RS Chairman (not as VP per se)

⚠ VP Traps: (1) VP's electoral college = both Houses of Parliament (elected + nominated); State Assembly members do NOT vote — unlike President's election. (2) VP is ex-officio Chairman of Rajya Sabha — not a separately elected Chairman. (3) VP does NOT receive a separate salary — gets salary as RS Chairman. (4) VP can be removed by RS absolute majority — unlike President who requires 2/3rd majority of both Houses.

PART C — PRIME MINISTER & COUNCIL OF MINISTERS

3. Prime Minister (Articles 74–75)

PM's Position: The PM is the real executive head of India. The President is the nominal head — acts on PM's advice. Article 74 says there shall be a CoM with PM as head to "aid and advise" the President. Article 75 says the PM is appointed by the President; other ministers are appointed on PM's advice. The PM is the linchpin of Cabinet (described by Ramsay Muir as the "keystone of the Cabinet arch").

🇮🇳

Appointment & Tenure

Appointed by President — but PM must have majority support in Lok Sabha
Must be a member of Parliament (within 6 months if not at time of appointment)
No fixed tenure — serves during President's pleasure (but actually serves as long as he has LS majority)
Resign if loses confidence of Lok Sabha
Resignation of PM leads to dissolution of entire Council of Ministers

⚡

Powers & Functions

Head of the Cabinet and CoM — chairs cabinet meetings
Allocates and reshuffles portfolios among ministers
Advises President on appointments (governors, CJI, etc.)
Communicates Cabinet decisions to President
Leader of Lok Sabha (can address LS at any time)
Chair of Planning Commission (now NITI Aayog)

3.1 Council of Ministers vs Cabinet High Priority PYQ

Aspect	Council of Ministers (CoM)	Cabinet
Composition	Includes all ministers: Cabinet Ministers + Ministers of State + Deputy Ministers	Only Cabinet Ministers (senior ministers heading major departments)
Size	Larger (cannot exceed 15% of Lok Sabha strength — 91st Amendment 2003)	Smaller (usually 15–25 ministers)
Meetings	Rarely meets as a body	Meets regularly (usually weekly) to take all major decisions
Function	Constitutional body — Art. 74 and 75	Real executive decision-making body of government
Collective Responsibility	Art. 75(3) — CoM collectively responsible to Lok Sabha	All Cabinet decisions bind all ministers (must resign if they disagree)

💡 Key Distinctions: CoM = constitutional concept; Cabinet = political concept. Cabinet is a subset of CoM. CoM is collectively responsible to Lok Sabha — if Lok Sabha passes a no-confidence motion, all ministers must resign. Cabinet takes decisions; CoM formally endorses. The 91st Amendment 2003 capped CoM size at 15% of Lok Sabha strength.

⚡ POC06 Memory Chart — Fast Revision

🏛️ President — Basics

Eligibility: 35 yrs; citizen; LS-qualified
Term: 5 years; unlimited re-elections
Oath: Chief Justice of India
Resignation: to Vice-President
Removal: Impeachment (Art. 61) — Const. violation

🗳️ President — Election

Electoral College: Elected MPs + Elected MLAs
NOT nominated MPs/MLAs; NOT MLC members
Single Transferable Vote; proportional rep
Impeachment: 2/3 total membership each House
VP: Both Houses MPs (elected + nominated)

⚡ President — Powers

Art. 72 — Pardoning (5 types)
Art. 123 — Ordinance (6 weeks approval)
Art. 352 — National Emergency
Art. 356 — President's Rule
Art. 360 — Financial Emergency

⚖️ 5 Pardoning Powers

Pardon — sets aside conviction entirely
Reprieve — temporary stay of execution
Respite — lesser sentence (special circumstances)
Remission — reduce sentence (not character)
Commutation — substitute lesser punishment

🇮🇳 PM & CoM

PM appoints/dismisses ministers (Art. 75)
CoM <= 15% of LS strength (91st Amend.)
CoM collectively responsible to LS (Art. 75(3))
Cabinet = subset of CoM (senior ministers)
PM resignation = dissolution of entire CoM

🔑 Key Article Numbers

Art. 52 — President of India
Art. 61 — Impeachment of President
Art. 63 — Vice-President
Art. 74 — CoM to aid President
Art. 75 — Appointment; collective responsibility

📄 Topic-Wise PYQs & Tricky Questions

Q1. The oath of the President of India is administered by: CDS PYQ

(a) Vice-President(b) Speaker of Lok Sabha(c) Chief Justice of India(d) Outgoing President

✔ Answer: (c) Chief Justice of India

The oath of the President is administered by the Chief Justice of India (Art. 60). If CJI is not available, the senior-most judge of the Supreme Court performs this function. VP's oath is administered by the President. A common trap is confusing who administers the oath vs who receives a resignation — President's resignation goes to the Vice-President.

Q2. Who are excluded from the electoral college for the election of the President of India? Tricky

(a) Elected MLAs of State Assemblies(b) Elected members of Lok Sabha(c) Nominated members of Parliament and members of Legislative Councils(d) Elected members of Rajya Sabha

✔ Answer: (c) Nominated members of Parliament and members of Legislative Councils

The Presidential Electoral College consists of: elected members of both Houses of Parliament (LS + RS) + elected members of State Legislative Assemblies (including Delhi and Puducherry). Excluded are: (1) Nominated members of Parliament, (2) Nominated members of State Assemblies, (3) Members of Legislative Councils (Vidhan Parishad). This distinction is frequently tested.

Q3. The power of the President to grant pardons extends to all cases EXCEPT: CDS PYQ

(a) Court-martial sentences(b) Death sentence cases(c) Offences against state laws(d) Offences against Union laws

✔ Answer: (c) Offences against state laws

The President's pardoning power (Art. 72) extends to: (1) punishment by a court-martial, (2) cases involving offences against Union laws, (3) death sentence cases. The President cannot pardon punishment awarded by courts for offences against state laws — that power belongs to the Governor under Article 161. This President vs Governor pardoning distinction is directly tested.

Q4. Which Article provides for the collective responsibility of the Council of Ministers? CDS PYQ

(a) Article 74(b) Article 75(3)(c) Article 76(d) Article 78

✔ Answer: (b) Article 75(3)

Article 75(3) states: "The Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha)." This means if a no-confidence motion is passed against the government, all ministers must resign — not just the PM. Article 74 says the CoM shall "aid and advise" the President. Article 78 deals with the PM's duties to inform the President.

Q5. An ordinance promulgated by the President must be approved by Parliament within: CDS PYQ

(a) 3 weeks of reassembly(b) 6 weeks of reassembly(c) 6 months of promulgation(d) 1 month of promulgation

✔ Answer: (b) 6 weeks of reassembly

Under Article 123, a Presidential Ordinance must be laid before both Houses of Parliament when they reassemble. It ceases to operate after 6 weeks from the date of reassembly of Parliament — unless disapproved earlier by Parliament. If the Lok Sabha is dissolved and the RS hasn't disapproved, it lapses 6 weeks after the next LS reconvenes. The President cannot re-promulgate the same ordinance to bypass Parliament.

Q6. The Vice-President of India is the ex-officio Chairman of: CDS PYQ

(a) Lok Sabha(b) Rajya Sabha(c) NITI Aayog(d) Union Cabinet

✔ Answer: (b) Rajya Sabha

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha (Art. 64). This means the VP automatically becomes RS Chairman by virtue of holding the office of VP — not by a separate election. When acting as President, the VP does not perform RS Chairman duties. The Speaker of Lok Sabha, not VP, presides over the Lok Sabha. When VP acts as President, the Deputy Chairman of RS performs Chairman duties.

Q7. After the 91st Constitutional Amendment (2003), the size of the Council of Ministers cannot exceed: CDS PYQ

(a) 10% of Lok Sabha strength(b) 15% of Lok Sabha strength(c) 20% of Lok Sabha strength(d) A fixed 50 ministers

✔ Answer: (b) 15% of Lok Sabha strength

The 91st Constitutional Amendment (2003) added Art. 75(1A) and 164(1A) to cap the size of the CoM at 15% of the total strength of Lok Sabha (i.e., 15% of 543 = ~81 ministers maximum). This was done to end the political practice of forming oversized cabinets to placate coalition partners. The same 15% cap applies to state CoMs (15% of state assembly strength; minimum 12 ministers).

Q8. What is 'pocket veto' in the context of the President's powers? Tricky

(a) President withholds assent to a money bill(b) President keeps an ordinary bill pending without any action(c) President returns a bill for reconsideration(d) President withholds ordinance promulgation

✔ Answer: (b) President keeps an ordinary bill pending without any action

"Pocket veto" refers to the President's informal power to keep an ordinary (non-money) bill indefinitely pending without taking any action — neither assenting nor returning it. Unlike the US President who has a fixed time limit, the Indian President has no time limit prescribed for acting on ordinary bills. This informal power was controversially exercised by President Zail Singh in 1986 (Indian Post Office Amendment Bill). It does NOT apply to money bills.

📋 Quick Reference — POC06

🏛️ President Facts

Age: 35 years minimum
Term: 5 years; unlimited re-elections
Oath: Chief Justice of India
Resignation: to Vice-President
Impeachment: Art. 61; violation of Constitution

⚖️ Pardoning Powers

Pardon → total acquittal
Reprieve → stay of execution
Respite → lesser sentence
Remission → reduce quantum
Commutation → substitute punishment

🚨 3 Emergencies

Art. 352 — National (war/rebellion)
Art. 356 — State/President's Rule
Art. 360 — Financial
Art. 352 — needs written Cabinet advice

🗳️ Elections

President — Elected MPs + Elected MLAs
NOT: Nominated MPs, MLCs
VP — Both Houses MPs (incl. nominated)
NOT: State Assembly members

📋 CoM vs Cabinet

CoM = all ministers (Art. 74, 75)
Cabinet = senior CoM members
CoM ≤ 15% of LS (91st Amend. 2003)
Collective responsibility to Lok Sabha
Cabinet decides; CoM endorses

📜 Ordinance (Art. 123)

Issued when Parliament not in session
Same force as Parliament Act
Must be approved in 6 weeks of reassembly
Cannot amend Constitution
No re-promulgation to bypass Parliament

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