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Graduate Level intermediate Union Executive President Prime Minister Indian Constitution
Union Executive — President, PM, Council of Ministers, AG, CAG
Complete guide to the Union Executive for PSC exams: powers, appointment, removal of President, PM, Council of Ministers, Attorney General, and CAG.
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— Complete guide to the Union Executive for PSC exams: powers, appointment, removal of President, PM, Council of Ministers, Attorney General, and CAG.
#Union Executive
#President
#Prime Minister
#Indian Constitution
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The Union Executive (Articles 52-78) is one of the most heavily tested areas in Indian Polity. Expect 4-8 questions per PSC paper on the President, PM, Council of Ministers, AG, and CAG.
The President of India (Articles 52-62)
Election
- Elected by: Electoral College — elected members of both Houses of Parliament + elected members of State Legislative Assemblies + elected members of Delhi and Puducherry Assemblies (70th Amendment, 1992 added Delhi & Puducherry).
- Nominated members do NOT participate.
- Method: Single transferable vote with proportional representation.
- Value of MLA vote = (Total population of state / Total elected MLAs) x (1/1000)
- Value of MP vote = Total value of all MLA votes / Total elected MPs
Qualifications (Article 58)
| Requirement | Detail |
|---|---|
| Citizenship | Indian citizen |
| Age | Minimum 35 years |
| Lok Sabha qualification | Qualified for election as member of Lok Sabha |
| No office of profit | Must not hold any office of profit under GoI/State/local authority |
Term and Removal
- Term: 5 years from date of entering office.
- Re-election: No bar on number of terms.
- Resignation: To the Vice President.
- Removal: By impeachment (Article 61) — for “violation of the Constitution.”
- Either House initiates with 14 days’ notice, signed by at least 1/4 members.
- Resolution must be passed by 2/3 majority of total membership of that House.
- Other House investigates. If it also passes with 2/3 majority, President stands removed.
Key Powers of the President
| Power | Details |
|---|---|
| Executive (Art. 53) | All executive actions in his name; appoints PM, Ministers, Governors, judges |
| Legislative (Art. 85-86) | Summons/prorogues Parliament, dissolves Lok Sabha, addresses joint session |
| Ordinance (Art. 123) | When Parliament not in session; must be laid before Parliament within 6 weeks |
| Financial | Money Bill only on President’s recommendation; Budget laid in his name |
| Judicial (Art. 72) | Pardon, reprieve, respite, remission, commutation of sentences |
| Emergency | National Emergency (Art. 352), President’s Rule (Art. 356), Financial Emergency (Art. 360) |
| Veto | Absolute veto, Suspensive veto, Pocket veto (no time limit to act on bills) |
Pardoning power (Art. 72): President can pardon death sentences. Governor (Art. 161) CANNOT pardon death sentences or court martial cases. This is a favourite PSC question.
The Vice President (Articles 63-71)
- Ex-officio Chairman of Rajya Sabha.
- Elected by: Members of both Houses of Parliament (Electoral College — different from President’s).
- Qualification: Same as President + must be qualified for Rajya Sabha membership (age 30+).
- Term: 5 years; can be removed by Rajya Sabha resolution (effective majority) with Lok Sabha’s agreement.
- Acts as President when office is vacant — maximum 6 months.
The Prime Minister (Articles 74-75)
Appointment
- Appointed by the President; must command majority in Lok Sabha.
- Need not be an MP at time of appointment, but must become one within 6 months.
Powers and Functions
| Role | Details |
|---|---|
| Head of Council of Ministers | Advises President on appointment/reshuffling of ministers |
| Leader of Lok Sabha | Chief spokesperson of government in Parliament |
| Chairman of NITI Aayog | Replaced Planning Commission (2015) |
| Chairman of key committees | Nuclear Command Authority, Appointments Committee of Cabinet |
| Link between President and Cabinet | Communicates all Cabinet decisions to President (Art. 78) |
Removal
- President cannot dismiss PM as long as PM enjoys Lok Sabha majority.
- Removal by vote of no-confidence in Lok Sabha (simple majority).
Council of Ministers (Article 74-75)
Three tiers:
| Tier | Role |
|---|---|
| Cabinet Ministers | Attend Cabinet meetings; head important ministries |
| Ministers of State | Independent charge or attached to Cabinet Minister; do NOT attend Cabinet meetings unless invited |
| Deputy Ministers | Assist Ministers of State or Cabinet Ministers |
Key Constitutional Provisions
- Article 74: Council of Ministers to aid and advise President (42nd Amendment: advice is binding).
- Article 75(1): Ministers appointed by President on PM’s advice.
- Article 75(1A): Total ministers shall not exceed 15% of total Lok Sabha members (91st Amendment, 2003). Maximum = 15% of 543 = ~81 ministers.
- Article 75(3): Ministers collectively responsible to Lok Sabha.
- Ministers need NOT be members of Parliament, but must become members within 6 months.
91st Amendment (2003): Two key changes — (1) Max 15% of Lok Sabha strength for Council of Ministers, (2) Anti-defection: disqualification for members of legislature who defect. Very frequently asked.
Attorney General of India (Article 76)
| Feature | Detail |
|---|---|
| Appointed by | President |
| Qualification | Qualified to be a Supreme Court judge |
| Tenure | Not fixed; holds office during pleasure of President |
| Rights | Right to speak in both Houses; audience in all courts in India |
| Limitations | Cannot advise against Government of India; cannot defend accused in criminal cases without GoI permission |
| Not a member | Of Parliament (can participate but NOT vote) |
| Remuneration | Fixed by President (not by Parliament) |
Comptroller and Auditor General (Articles 148-151)
| Feature | Detail |
|---|---|
| Appointed by | President by warrant under his hand and seal |
| Removal | Same as Supreme Court judge (impeachment — proved misbehaviour or incapacity, 2/3 majority of each House) |
| Term | 6 years or age 65, whichever is earlier |
| Role | Audits all expenditure from Consolidated Fund of India and States |
| Reports to | President (Union) / Governor (State), who lays them before Parliament/Legislature |
| Called | ”Guardian of public purse” |
| Post-retirement | Cannot hold any GoI or State office |
Dr. B.R. Ambedkar called the CAG “the most important officer in the Indian Constitution.” The CAG’s reports are examined by the Public Accounts Committee (PAC) of Parliament.
Comparison Table — Removal Procedures
| Officer | Removal Method |
|---|---|
| President | Impeachment (2/3 of total membership of each House) |
| Vice President | Resolution of Rajya Sabha (effective majority) agreed by Lok Sabha |
| PM | Vote of no-confidence in Lok Sabha (simple majority) |
| CAG | Same procedure as SC judge (proved misbehaviour/incapacity) |
| AG | Pleasure of President (no formal procedure) |
| Governor | Pleasure of President (no formal procedure) |
Mnemonic: President’s Pardoning Powers
“PR3C” — Pardon, Reprieve, Respite, Remission, Commutation.
- Pardon = completely absolves
- Reprieve = temporary stay of execution
- Respite = reduced sentence due to special fact (pregnancy, illness)
- Remission = reduces period without changing nature
- Commutation = substitutes lighter punishment (death to life)
Master these distinctions — PSC loves to test the exact meaning of each term.
Related Notes
Hub: Indian Polity — Complete Guide for Kerala PSC
More on The Union Executive:
Practice this topic: Union Executive Quiz
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