Union Executive and Legislature

Syllabus Unit: Indian Polity & Governance

Why it matters

Chapter overview

The Union Executive (President, Vice-President, Prime Minister and Council of Ministers) and the Union Legislature (Parliament) together run the Government of India within a parliamentary framework where real power sits with the Council of Ministers, not the nominal head of state. This topic covers their constitutional offices, powers, election/impeachment procedures, the two Houses' structure and functions, and the committees and privileges through which Parliament actually does its work.

General Studies Paper I Indian Polity & Governance 15%–20% weightage

Live Animation1 / 4

1Electoral College VotesMPs + MLAs, proportional representation

2President Elected5-year term, Article 56

3Exercises PowersAssent, ordinance, pardon

4Impeachment (if needed)Article 61, 2/3 majority both Houses

1President & Vice-President

The President is India's nominal (constitutional) head of state, elected indirectly by a specially constituted electoral college, while the Vice-President's chief role is presiding over the Rajya Sabha.

Learning Objectives

Describe the composition of the President's electoral college and the voting method used (proportional representation by single transferable vote).
State the eligibility criteria and term of office for the President (Article 58, five years).
Explain the impeachment procedure for the President under Article 61.
Distinguish the President's absolute veto, suspensive veto and pocket veto over ordinary bills.

Key Terms

Electoral College (President)Elected MPs of both Houses plus elected MLAs of all states (and Delhi, Puducherry) — nominated members do not vote.

Proportional Representation by Single Transferable VoteThe voting method for presidential elections, ensuring uniformity of representation across states and parity between Parliament and state legislatures.

Pocket VetoThe President's power to withhold assent to a bill indefinitely by simply not acting on it, since no time limit is prescribed by the Constitution.

Article 72Grants the President the power to pardon, commute, remit, respite or reprieve sentences, including death sentences.

Article 52 establishes the office of **President of India**, elected indirectly under Article 55 by an electoral college of elected members of both Houses of Parliament and elected members of state (and UT) legislative assemblies, using proportional representation by single transferable vote.

Term, eligibility and removal

Term: 5 years (Article 56), eligible for re-election any number of times.
Eligibility: Indian citizen, at least 35 years old, qualified to be a Lok Sabha member, must not hold any office of profit.
Impeachment (Article 61): only for 'violation of the Constitution'; the charge can be initiated in either House, needs 14 days' notice, and must be passed by a 2/3 majority of the total membership of that House, then investigated/upheld by the other House by the same majority.

Key powers

Legislative — summons/prorogues Parliament, gives assent to bills (Article 111), can promulgate Ordinances when Parliament is not in session (Article 123).
Judicial — power to grant pardons, reprieves, respites or remissions of punishment (Article 72), including in death sentence cases.
Emergency powers — proclaims National Emergency (352), President's Rule (356) and Financial Emergency (360).

Key PointVeto types on ordinary bills: absolute veto (withholds assent, bill dies), suspensive veto (returns bill for reconsideration — but must sign if repassed, with or without changes), and pocket veto (simply takes no action, exercised famously by President Zail Singh on the Indian Post Office (Amendment) Bill, 1986).

Vice-President

Article 63 creates the office of Vice-President, elected by an electoral college consisting of members of BOTH Houses of Parliament only (state legislatures play no role, unlike in the President's election). The Vice-President's primary constitutional function (Article 64) is to act as the ex officio Chairman of the Rajya Sabha.