95. President, Vice President, Prime Minister, Council of Ministers, Parliament

CORE Key Points at a Glance

1. 1

   President of India - Constitutional Head (Article 52)

   • Constitutional head of the Union Executive under Article 52
   • Elected indirectly by an Electoral College via Article 54
   • Electoral College = elected MPs of both Houses + elected MLAs of all state/UT assemblies
   • Election method: single transferable vote with proportional representation
2. 2

   President - Term, Re-election, and Impeachment

   • Holds office for 5 years under Article 56
   • Can be re-elected any number of times (no term limit in the Constitution)
   • Removed by impeachment under Article 61 for violation of the Constitution
   • Impeachment charge: either House, with 14-day notice, passed by two-thirds of total membership of each House
3. 3

   Article 74 - Aid and Advice of Council of Ministers

   • President must act on the aid and advice of the Council of Ministers headed by the PM
   • 44th Amendment 1978 empowered the President to send back advice for reconsideration once
   • If the advice is sent again, President must act on it - binding obligation
   • This makes India a parliamentary democracy, not a presidential one
4. 4

   President's Veto Powers Over Legislation

   • (i) Absolute/Pocket Veto - withhold assent indefinitely on ordinary Bills when Parliament is not in session
   • (ii) Suspensive Veto - return for reconsideration; Parliament can override by re-passing
   • (iii) No veto on Constitutional Amendment Bills - assent is compulsory under Article 368
   • Money Bills: no veto possible; Rajya Sabha cannot amend them either
5. 5

   Emergency Powers of the President

   • (i) National Emergency - Article 352: triggered by war, external aggression, or armed rebellion
   • (ii) President's Rule - Article 356: constitutional breakdown in a state
   • (iii) Financial Emergency - Article 360: financial stability of India or any state threatened
   • Article 360 has never been invoked in India's history
6. 6

   Vice President - Ex-officio Chairman of Rajya Sabha

   • Articles 63-69 govern the Vice President; serves as the ex-officio Chairman of the Rajya Sabha
   • Elected by an Electoral College consisting of members of both Houses of Parliament (not state Legislative Assemblies)
   • Removed by a resolution of Rajya Sabha passed by an absolute majority, agreed to by Lok Sabha
   • Acts as President when the office of President falls vacant
7. 7

   Prime Minister - Head of Government and Real Executive

   • Article 75: PM is the head of government and the real executive authority
   • Appointed by the President, who must appoint the leader of the majority party/coalition in Lok Sabha (constitutional convention)
   • Holds office at the pleasure of the President, but in practice retains power as long as he commands Lok Sabha majority
   • A PM can be from either House (e.g., Dr. Manmohan Singh served from Rajya Sabha, 2004-2014)
8. 8

   Council of Ministers - Collective Responsibility and Size Limit

   • Articles 74-75 govern the Council; collectively responsible to the Lok Sabha under Article 75(3)
   • Each minister is also individually responsible to the President
   • 91st Amendment 2003: Council size cannot exceed 15% of Lok Sabha strength (minimum 12 members)
   • The same 15% ceiling applies to state Councils of Ministers
9. 9

   Parliament - Structure and Composition (Article 79)

   • Parliament comprises the President + Rajya Sabha (Council of States) + Lok Sabha (House of the People)
   • Rajya Sabha: maximum 250 members (238 elected + 12 nominated by President for arts/science/literature/social service)
   • Lok Sabha: maximum 552; currently 543 elected members
   • 104th Amendment 2019 removed the Anglo-Indian nomination provision from Lok Sabha
10. 10

    Money Bills - Article 110

    • Can only be introduced in Lok Sabha; requires the President's recommendation
    • Rajya Sabha can only recommend (not amend or reject) within 14 days
    • If Rajya Sabha does not act within 14 days, the bill is deemed passed
    • Speaker's certification of a bill as a Money Bill is final (contested in Aadhaar case 2019)
11. 11

    Legislative Procedure - Joint Sitting (Article 108)

    • A bill must pass both Houses and receive Presidential assent to become law
    • If both Houses are deadlocked on an ordinary bill, the President may convene a Joint Sitting under Article 108
    • Joint sitting is presided over by the Speaker of Lok Sabha
    • Vote decided by majority of total members present - Lok Sabha usually dominates over Rajya Sabha
12. 12

    Parliamentary Devices for Executive Accountability

    • Question Hour: first hour of every sitting - starred (oral + supplementaries), unstarred (written only), short notice
    • Zero Hour: after Question Hour; no advance notice; matters of urgent public importance; not in Rules of Procedure
    • Calling Attention Motion, Adjournment Motion: draw attention to urgent matters
    • No-Confidence Motion (Lok Sabha only); Censure Motion against specific minister
13. 13

    Rajya Sabha's Special Powers (Not Shared with Lok Sabha)

    • Article 249: Rajya Sabha can pass a resolution by two-thirds majority enabling Parliament to legislate on a State List subject (valid 1 year)
    • Article 312: Rajya Sabha can create new All India Services by a two-thirds resolution
    • Permanent house: cannot be dissolved; ensures continuity of Parliament even when Lok Sabha is dissolved
    • One-third members retire every 2 years; each member's term is 6 years
14. 14

    Parliamentary Privileges - Article 105

    • Members have freedom of speech in Parliament; no proceedings can be questioned in any court
    • No member can be arrested during session for civil proceedings (criminal proceedings are allowed)
    • Courts cannot inquire into parliamentary proceedings - protects legislative independence
    • These privileges apply to both Houses and their committees