THE UNION EXECUTIVE
PRESIDENT AND VICE-PRESIDENT
NOTES
1. Introduction: The Office of the President
● Head of the Executive: The President is the Head of the Executive.
● Head of State: He/She is also the Head of State and the First Citizen of the country.
● Parliamentary System: India follows a Parliamentary system, not a Presidential one.
● Real Executive: The President acts on the advice of the Council of Ministers with the
Prime Minister at the head.
2. Qualifications for Election as President
To be eligible for election as President, a person must:
● (a) Be a Citizen of India.
● (b) Have completed the age of thirty-five years.
● (c) Be qualified to become a member of the Lok Sabha.
● (d) Not hold an Office of Profit under the Government of India or any State
Government.
○ Exception: The current President, Vice-President, Governor, or a Minister is
not deemed to hold an Office of Profit.
● Nomination Requirements: The candidate must be proposed by 50 members of the
Electoral College (MPs or MLAs) and seconded by another 50 members.
○ Reason for raising the number in 1997: To discourage non-serious candidates
3. Term of Office
● Term: 5 years.
● Re-election: Eligible for re-election.
● Resignation: May resign by writing to the Vice-President, who communicates it to
the Speaker of the Lok Sabha.
4. Procedure for Impeachment (Removal)
The President can be removed only for violation of the Constitution by a process called
Impeachment.
● Step 1: The resolution to impeach may be moved in either House of Parliament.
● Step 2: It must be passed by a majority of two-thirds of the total membership of
that House.
● Step 3: The charges are then investigated by the other House.
● The President has the right to appear in person or be defended by a Counsel
(lawyer) .
● Step 4: If the charges are sustained by a two-thirds majority in the other House as
well, the Impeachment succeeds.
● Result: The President is removed from office from the date the resolution is passed.
, 5. The Procedure for Election
5.1 Why Indirect Election? (Four Reasons)
The President is elected indirectly, not directly by the citizens. Reasons:
● Real Power lies elsewhere: Power really resides in the Council of Ministers and
Parliament, not the President. Direct election would be an anomaly.
● Quiet and Dignified Affair: Direct election would involve a great loss of time,
energy, and money.
● Complex Electoral Machinery: It would be difficult to provide machinery for an
election involving millions.
● Power to the Masses: It would place too much power in the hands of the masses,
many of whom were then unable to read and write.
5.2 The Electoral College
The President is elected by the members of an Electoral College consisting of:
● The elected members of both Houses of Parliament (Lok Sabha and Rajya
Sabha).
● The elected members of the Legislative Assemblies (MLAs) of the States.
5.3 Oath of Office
● Administered by: The Chief Justice of India.
● Oath includes:
○ To faithfully execute the office of President.
○ To preserve, protect and defend the Constitution and the law.
○ To devote oneself to the service and well-being of the people of India.
6. Powers of the President of India
6.1 Executive Powers
● Head of Union Executive: All executive orders are issued in the name of the
President.
● Formation of Council of Ministers:
○ Appoints the Prime Minister.
○ Appoints other Ministers on the advice of the Prime Minister.
● Power to Appoint High Dignitaries:
○ Attorney-General of India
○ Comptroller and Auditor-General (CAG)
○ Judges of the Supreme Court and High Courts
PRESIDENT AND VICE-PRESIDENT
NOTES
1. Introduction: The Office of the President
● Head of the Executive: The President is the Head of the Executive.
● Head of State: He/She is also the Head of State and the First Citizen of the country.
● Parliamentary System: India follows a Parliamentary system, not a Presidential one.
● Real Executive: The President acts on the advice of the Council of Ministers with the
Prime Minister at the head.
2. Qualifications for Election as President
To be eligible for election as President, a person must:
● (a) Be a Citizen of India.
● (b) Have completed the age of thirty-five years.
● (c) Be qualified to become a member of the Lok Sabha.
● (d) Not hold an Office of Profit under the Government of India or any State
Government.
○ Exception: The current President, Vice-President, Governor, or a Minister is
not deemed to hold an Office of Profit.
● Nomination Requirements: The candidate must be proposed by 50 members of the
Electoral College (MPs or MLAs) and seconded by another 50 members.
○ Reason for raising the number in 1997: To discourage non-serious candidates
3. Term of Office
● Term: 5 years.
● Re-election: Eligible for re-election.
● Resignation: May resign by writing to the Vice-President, who communicates it to
the Speaker of the Lok Sabha.
4. Procedure for Impeachment (Removal)
The President can be removed only for violation of the Constitution by a process called
Impeachment.
● Step 1: The resolution to impeach may be moved in either House of Parliament.
● Step 2: It must be passed by a majority of two-thirds of the total membership of
that House.
● Step 3: The charges are then investigated by the other House.
● The President has the right to appear in person or be defended by a Counsel
(lawyer) .
● Step 4: If the charges are sustained by a two-thirds majority in the other House as
well, the Impeachment succeeds.
● Result: The President is removed from office from the date the resolution is passed.
, 5. The Procedure for Election
5.1 Why Indirect Election? (Four Reasons)
The President is elected indirectly, not directly by the citizens. Reasons:
● Real Power lies elsewhere: Power really resides in the Council of Ministers and
Parliament, not the President. Direct election would be an anomaly.
● Quiet and Dignified Affair: Direct election would involve a great loss of time,
energy, and money.
● Complex Electoral Machinery: It would be difficult to provide machinery for an
election involving millions.
● Power to the Masses: It would place too much power in the hands of the masses,
many of whom were then unable to read and write.
5.2 The Electoral College
The President is elected by the members of an Electoral College consisting of:
● The elected members of both Houses of Parliament (Lok Sabha and Rajya
Sabha).
● The elected members of the Legislative Assemblies (MLAs) of the States.
5.3 Oath of Office
● Administered by: The Chief Justice of India.
● Oath includes:
○ To faithfully execute the office of President.
○ To preserve, protect and defend the Constitution and the law.
○ To devote oneself to the service and well-being of the people of India.
6. Powers of the President of India
6.1 Executive Powers
● Head of Union Executive: All executive orders are issued in the name of the
President.
● Formation of Council of Ministers:
○ Appoints the Prime Minister.
○ Appoints other Ministers on the advice of the Prime Minister.
● Power to Appoint High Dignitaries:
○ Attorney-General of India
○ Comptroller and Auditor-General (CAG)
○ Judges of the Supreme Court and High Courts
