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16
UNION
EXECUTIVE
President
Who is President of India?
Indian President is the head of the state. He is the first citizen of India and is a symbol of solidarity, unity
and integrity of the nation. He is a part of Union Executive along with Vice-President, Prime Minister,
Council of Ministers and Attorney-General of India.

Articles 52-78 in Part V of the Indian Constitution deal with the Union Executive of India. They
also contain some key provisions related to the President of India.
The constitutional provisions mentioned under these articles deal with matters related to the
election, qualifications, impeachment, powers & functions, and other aspects related to the office
of the President of India.
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 Vice President of India
The Vice President is the second-highest constitutional authority in India, ranking after the President.

Roles:
Acts as Chairman of the Rajya Sabha.
Assumes the role of Acting President if the President’s office becomes vacant.

Significance:
Ensures continuity of governance.
Maintains legislative order in the Rajya Sabha.

Vice Presidents of India [Article 63 to Article 71]

Article 63 There shall be a Vice President of India

The Vice-President shall be ex-officio Chairman of the Council of States and shall
Article 64
not hold any other office of profit

The Vice-President to act as President or to discharge his functions during casual

Article 65
vacancies in the office, or during the absence, of President

The Vice-President shall be elected by the members of an electoral college

consisting of the members of both Houses of Parliament. The Vice-President shall
Article 66
not be a member of either House of Parliament or of a House of the Legislature of
any State.

The Vice-President shall hold office for a term of five years from the date of his
Article 67
appointment.

An election to fill a vacancy created because of the completion of the term of office
of Vice-President shall be completed before the expiry of the term.The election to
Article 68
fill a vacancy created because of the death, resignation or removal of Vice-President
shall be held as soon as possible.

Every Vice-President shall make an Oath or Affirmation on entering upon his office
Article 69
before the President, or some person appointed in that behalf by him

Article 70 Discharge of President’s functions in other contingencies

Article 71 Matters relating to, or connected with, the election of a president or vice-president
 Powers and Functions of the Vice President of India

Ex-Officio Chairman of Rajya Sabha

Presides over the sessions of the Rajya Sabha (Upper House).
Powers and functions as Chairman are similar to those of the Lok Sabha Speaker.
Ensures orderly conduct of business in the House.

Election Safeguards
The validity of the Vice President’s election cannot be questioned due to
vacancies in the electoral college.
Actions performed by the Vice President remain valid even if his election is later
declared void by the Supreme Court.

Acting as President
Assumes the role of the President in case of vacancy due to resignation, removal,
death, or other reasons, for a maximum period of six months until a new
President is elected.
Discharges the duties of the President during the latter’s temporary inability (e.g.,
absence or illness).

PRIME MINISTER
Article 75:
The Prime Minister is appointed by the President. The Constitution does not prescribe a specific
procedure for the Prime Minister's election or appointment.

Article 74(1):
It mandates a Council of Ministers with the Prime Minister as its head to aid and advise the President in
exercising their functions.
Thus, the Constitution establishes the role and authority of the Prime Minister and the Council of Ministers,
forming the core of India's executive branch.

Appointment of the Prime Minister

The President of India appoints as Prime Minister:
The leader of the party or coalition with a majority in the Lok Sabha.
A person capable of securing the confidence of the Lok Sabha in the absence of a clear majority.
Ministers: Appointed by the President on the advice of the Prime Minister.

Note: In a hung Parliament, the President exercises discretion in appointing the Prime Minister
until a majority is proven in the Lok Sabha.
Who is eligible to be a Prime Minister?
To become an Indian prime minister one has to be
A citizen of India.
A member of either Rajya Sabha or Lok Sabha
He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of
age if he is a member of the Lok Sabha

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship both Prime Minister
and the President share with each other. The articles are:
1. Article 74
2. Article 75
3. Article 78
 The Council of Ministers (CoM) in India
The Council of Ministers (CoM) is the highest decision-making body in the government of India, headed
by the Prime Minister. The total number of ministers, including the Prime Minister, cannot exceed 15%
of the total strength of the Lok Sabha as per the 91st Constitutional Amendment Act, 2003.

The Council of Ministers is divided into the following categories:

1. Cabinet Ministers:
These ministers head major ministries such as Home, Defense, Finance, and Foreign Affairs. They
hold significant executive powers and play a key role in government decision-making.
2. Ministers of State:
These ministers may either hold independent charge of specific departments or assist Cabinet
Ministers in the functioning of ministries.
3. Deputy Ministers:
These ministers assist both Cabinet Ministers and Ministers of State in their administrative, political,
and parliamentary duties.

Constitutional Provisions related to Council of Ministers

There shall be a Council of Ministers with the Prime Minister at the head to aid
and advise the President who shall, in the exercise of his functions, act in
Article 74
accordance with such advice.Advice tendered by Ministers to the President shall
not be inquired into in any court.

The Prime Minister is appointed by the President, and other ministers are
appointed on the Prime Minister’s advice. Ministers hold office at the President's
Article 75 pleasure and must take an oath. If a minister isn't a member of Parliament for six
months, they cease office. The Council of Ministers is collectively responsible to
the Lok Sabha, and their salaries are set by Parliament.

All executive actions of the Government of India are taken in the name of the
President. Orders are authenticated as per rules set by the President, and their
Article 77
validity cannot be questioned. The President also makes rules for the smooth
transaction of government business and allocates duties to ministers.

The Prime Minister must inform the President of all Cabinet decisions and
Article 78 provide requested information. If needed, the Prime Minister must present any
matter not considered by the Cabinet for review.

Every Minister shall have the right to speak in and otherwise to take part in the
Article 88 proceedings of either House, any joint sitting of the Houses, and any committee
of Parliament, of which he may be named a member.