Olive Defence

Polity · NDA

Union & State Executive

⚖ PON05 · Indian Polity · NDA GAT NDA Level ★ High Priority

📌 NDA Focus: (1) President — election process, qualifications, term, pardoning power (Article 72); (2) Vice-President — ex-officio Chairman of Rajya Sabha; (3) Prime Minister — real executive; (4) Governor — appointed by President, holds office at President's pleasure; (5) Article 356 (President's Rule). Match Article → Power is the standard question type.

1. President of India (Articles 52–62)

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

Qualifications

Articles 52, 58

Must be an Indian citizen
Age: 35 years or above
Eligible for election as Lok Sabha member
Must not hold any office of profit under government
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 · Proportional representation

Key Powers

Executive, Legislative, Judicial, Emergency

Executive: Appoints PM, CJI, CAG, AG, Governors
Legislative: Summon/prorogue Parliament; assent to bills
Ordinance power: Article 123 — when Parliament not in session
Pardoning: Article 72 — 5 types (pardon, reprieve, respite, remission, commutation)
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
Special majority required in both Houses
Quasi-judicial process — President can defend
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 (time to appeal)
● Respite — award of lesser sentence due to special reason (disability, pregnancy)
● Remission — reduces the duration of sentence without changing its nature
● Commutation — substitutes one form of punishment with a lesser one (e.g., death → life imprisonment)
Covers: all 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
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)

Real executive — PM is head of government
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 (President acts on PM's advice — 42nd Amendment made this mandatory)
Can remain PM even if not a member of Parliament for 6 months
Ministers: Cabinet, Ministers of State, Deputy Ministers

3. Governor & State Executive

🏭

Governor (Articles 153–162)

Head of State — Agent of Centre

Head of state; appointed by President (Article 155)
Holds office during pleasure of President (no fixed term effectively)
Nominal term: 5 years; can be removed/transferred anytime
Indian citizen; 35+ years; not from same state
Oath: Chief Justice of the State's High Court
Discretionary powers: recommend President's Rule; reserve bill for President; role in govt formation

⚖

Chief Minister (Articles 163–164)

Real Executive of State

Head of state government; real executive at state level
Appointed by Governor (convention: leader of majority in Legislative Assembly)
Council of Ministers collectively responsible to State Legislative Assembly
Term: as long as majority in assembly; max 5 years per legislature
Advises Governor on all matters

📝 NDA PYQ Practice — PON05

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

(a) Members of Parliament only (b) Elected members of Parliament + elected members of State Legislative Assemblies (c) All members of Parliament + all members of State Legislatures (d) Direct election by people of India

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

The President is elected by an Electoral College comprising: elected members of both Houses of Parliament (not nominated members) + elected members of Legislative Assemblies of all states and UTs with legislature (not members of Legislative Councils). This is an indirect election using the Single Transferable Vote system with proportional representation. MLCs, nominated MPs, and nominated MLAs do NOT participate.

Q2. Article 72 of the Indian Constitution deals with: NDA PYQ

(a) President's emergency powers (b) President's pardoning power (c) President's ordinance-making power (d) President's diplomatic powers

✔ Answer: (b) President's pardoning power

Article 72 deals with the pardoning power of the President — the power to grant pardons, reprieves, respites, remissions, and commutations. This power is available in cases of: punishment by court martial; offences against Union law; death sentences. Article 123 = Ordinance power; Articles 352, 356, 360 = Emergency powers. Governor's pardoning power is under Article 161 (limited — excludes court martial and death penalty cases).

Q3. The Governor of a State is appointed by the: NDA PYQ

(a) Chief Minister of the State (b) Prime Minister of India (c) President of India (d) State Legislature

✔ Answer: (c) President of India

Under Article 155, the Governor of a State is appointed by the President of India by warrant under his hand and seal. The Governor holds office during the pleasure of the President (Article 156). Though technically appointed by the President, in practice it is done on the advice of the Prime Minister (Council of Ministers). The Governor is essentially the agent of the Central Government in the State.

Q4. Who among the following is the ex-officio Chairman of the Rajya Sabha? NDA PYQ

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

✔ Answer: (c) 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 office — he serves as Chairman automatically because of his position as VP, not through a separate election to that role. The Speaker of Lok Sabha presides over Lok Sabha (elected by Lok Sabha members). The Deputy Chairman of Rajya Sabha is elected by Rajya Sabha members.

📋 Quick Reference — PON05

👥 President

Elected by: Elected MPs + Elected MLAs
Age: 35+; Citizen; Lok Sabha eligible
Term: 5 years; Oath: CJI
Impeachment: Art 61 (both houses)
Never impeached so far

⚖ President's Powers

Executive: appoints PM, CJI, CAG
Legislative: summon/prorogue; Art 123 (ordinance)
Pardoning: Art 72 (5 types)
Emergency: Arts 352, 356, 360
Nominates 12 to Rajya Sabha

⚖ Vice-President

Ex-officio Chairman of Rajya Sabha
Elected by: Both houses of Parliament (not MLAs)
Term: 5 years
Removal: Rajya Sabha + Lok Sabha

🏭 Governor

Appointed by President (Art 155)
Holds office during pleasure of President
Nominal term: 5 years
Discretionary powers: Art 356 recommendation
Pardoning: Art 161 (no court martial/death)

⚖ Art 72 — 5 Types of Pardon

Pardon: Remove conviction + sentence
Reprieve: Temporary suspension
Respite: Reduce due to special reason
Remission: Reduce quantum
Commutation: Substitute lesser punishment

⚖ PM vs President

President: nominal head; Head of State
PM: real executive; Head of Government
CoM responsible to Lok Sabha
PM acts on majority in Lok Sabha

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