Articles 52 to 78 - The Union Executive
- Legal Journey
- Oct 27
- 20 min read
Updated: Oct 29
The Union
Part V
(Articles 52 to 151)
The Executive
Chapter I
(Articles 52 to 78)
Table of Contents 💻
Article 52. The President of India
- There shall be a President of India.
- The post of President is a permanent post and NOT a temporary post.
- The President is the head of State.
- The President is the first citizen of India.
- India follows the Parliamentary form of Government which means that the Head of the State is the Constitutional head and the real executive powers are vested in the Council of Ministers.
- Hence, The President is also known as the Nominal Head of the State.
- The president does NOT hold any real power. Real power is with the Council of Ministers and the Prime Minister.
Article 53. Executive Power of the Union
- The Constitution vests all the executive power of the Union in the President.
- The power shall be exercised by him either directly, or through representatives.
- The President is the Supreme Commander of Defence forces.
Q) What is meant by “Executive Power”?
A) “Executive power” has NOT been defined in the Constitution. However, Article 73 provides the extent to which the executive power of the Union shall extend.
Article 73. Extent of executive power of the Union
- The executive power of the Union shall extend :-
To matters to which Parliament has power to make laws; and
To exercise such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement.
- Proviso clarifies that unless contrary is provided, the executive power of the Union under sub-clause(a) shall remain with the Union and NOT with the States in cases where the State Legislature also has power to make laws.
Article 54. Election of President
- There is indirect election of President
- The President shall be elected by the members of an electoral college consisting of :-
Members of both Houses of Parliament (MPs) who are elected; and
Members of Legislative assemblies of States (MLAs) and of Union Territories of Delhi and Pondicherry who are elected.
- Nominated members are NOT entitled to vote.
Article 55. Manner of election of President
- This Article talks about parity
- The value of each MLAs vote is determined by dividing the population of the State by the Total Number of MLAs in its Legislative assembly.
- This is further divided by 1000 to get the actual number of votes each MLA gets.
- If the remainder after dividing by 1000 is more than 500, +1 vote is added.
- If it's less than 500, the remainder is ignored.
- This is done for every State.
For Example, Let’s assume
Population of State = 10,00,001
Total MLAs in its Assembly = 100
Then, Value of one MLA vote = (10,00,001/100) = 10000.01
=> (10000.01/1000) = 10.01
=> Value of one MLA vote = 10 (The remainder 01 being less than 500 is ignored)
- Total Value of votes of MLAs = 10 x 100 = 1000
- Then, the value of the MP vote is determined by adding the value of the MLAs vote of each State and dividing by the total number of MPs.
For example,
- Total number of votes of MLAs of all States = 10000
- Total number of elected MPs = 45
- Then, value of MP vote = (10000/45) = 222 x (2/9)
=>Value of one MP vote = 222 (Since the fraction is less than 1/4th, it is ignored.)
- Total value of vote of all MPs = 45 x 222 = 9990
- Total votes to be casted for the Presidential election = 10,000 + 9990 = 19,990
- The election of the President is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is done by secret ballot.
- Hence, no one is required to disclose their preference of votes.
Single Transferable Vote - Each voter casts a single vote in the form of a ranked choice ballot.
- Voters have the option to rank candidates and their vote may be transferred according to alternate preference if their preferred candidate is eliminated.
For Example, Let’s assume 4 candidates (A, B, C, and D) and a total of 16000 votes. For victory, 50% + 1 votes are required which in this case is 8001 minimum votes for victory.
- In first count, the score is as such :-
A - 4000
B - 5500
C - 2600
D- 3900
- Since, no candidate crossed the threshold of 8001, Now the candidate with the least votes is eliminated, who is C, and the second preference votes recorded in his favour will be transferred to the remaining candidates.
- Let’s say the votes recorded after transfer of second preference read as such :-
A - 4000 + 2000 = 6000
B - 5500 + 100 = 5600
D - 3900 + 500 = 4400
- Still no majority so the process repeats, now Candidate D who has the least votes is eliminated and the third preference votes recorded in his favour are transferred to the remaining candidates.
- Let’s say for the next round votes are as follows :-
A - 6000 + 1900 = 7900
B - 5600 + 2500 = 8100.
- In this example, as B has secured maximum votes, i.e., more than half the votes, he will be the successful candidate.
- This process will be repeated again and again till a candidate secures more than half the valid votes.
Explanation to Article 55
- It provides that the word “Population” under this Article shall refer to the census done in 1971.
Article 56. Term of office of President
- 5 years from the date on which he enters his office.
- Forms of termination of his office are also provided under this Article which are as follows:-
Resignation, In writing, under his hand, addressed to the Vice-President.
Impeachment, for Violation of the Constitution. The Procedure is provided in Article 61.
The President shall continue to hold office, even after expiration of his term, until his successor enters upon his office.
Article 57. Eligibility for re-election
- The President is eligible for re-election.
- But, this is subject to other provisions of the Constitution.
Article 58. Qualifications for election as President
- Has completed the age of 35 years, and
- Is qualified for election as a member of the House of People (Lok Sabha)
- He shall NOT hold any office of profit under the Union Government or State Government or Local or other Authority.
Explanation - Any person who is a Minister under Union Government or State Government shall NOT be considered to occupy any office of profit.
- This means that a minister is eligible for election as President.
- Similarly for any person who is a President/ Vice-President/ Governor shall NOT be considered to occupy any office of profit.
- Such a person, holding such a position can contest for election as President.
Article 59. Conditions of President’s office
(1) The President shall NOT be a member of either :-
Lok Sabha | Rajya Sabha | Legislative Assembly | Legislative Council |
- If he is such a member, he shall be deemed to have vacated such a seat in that House on the date on which he enters upon his office.
(2) The President shall NOT hold any other office of profit.
(3) The President shall be entitled to such emoluments, allowances and privileges as may be determined by the Parliament.
- Until such provisions are made,the 2nd Schedule is to be followed.
(4) The emoluments and allowances of the President shall NOT be diminished during his term of office.
Article 60. Oath or affirmation by the President
- Oath or affirmation of the President is administered by the Chief Justice of India or Senior most Judge of the Supreme Court.
- Key components of the oath are :-
To faithfully execute the office of President
Preserve, Protect and defend the Constitution.
To devote himself to the Service and well-being of the People of India.
Article 61. Procedure for impeachment of the President
- Ground of Impeachment - Violation of the Constitution
- Charge may be made by - Either House of Parliament (LS or RS)
- The charge must come in the form of a proposal contained in a resolution signed by NOT less than 1/4th of the total membership of the House, and
- After giving at least 14 days advance notice.
- Such a resolution must be passed by a majority of NOT less than 2/3rd of the total membership of the House.
- Once the resolution is passed, the charge is then investigated by the other House.
- The President has the right to appear and to be represented at such an investigation.
- If the other House, after investigation passes a resolution by 2/3rd majority declaring that the charge is proved.
- Such resolution shall have the effect of removing the President from his office from the date on which such resolution is passed.
Note - The elected members of Legislative Assemblies of States and UTs of Delhi and Pondicherry CANNOT participate in the impeachment process.
Article 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
Clause (1) - Before the term ends, a vote must be held to replace a vacancy brought on by the expiration of the President’s time in office.
Clause (2) - When a vacancy in the office of President arises due to:-
Death | Resignation | Removal | Or other reason |
- There must be an election to fill it as soon as possible, but NO later than 6 months after the vacancy first occurred.
- As long as the provisions of Article 56 are met, the individual chosen to fill the vacancy will be able to hold onto their position for the whole 5 years starting on the day they enter upon office.
Article 65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President
Clause (1) - If the vacancy arises in the office of President by reason of :-
Death | Resignation | Removal | Or other reason |
- The Vice-President shall act as President until a new President is elected.
Clause (2) - When the President, owing to some temporary reason - illness or otherwise, is unable to discharge his functions, then:-
The Vice-President shall discharge his duties;
In the absence of Vice-President, the Chief Justice of India will hold office of President
In the absence of the CJI, the senior most Judge of the Supreme Court will hold the office of President.
Note - The last two points relating to taking over of office by the CJI or senior most Judge of Supreme Court, as the case may be, is provided under Section 3(3) of the The President (Discharge of Functions) Act, 1969.
- The Parliament is empowered under Article 70 of the Constitution of India to make this Statute.
Powers of the President
Executive | Legislative | Financial | Judicial |
Executive Powers
Article 77. Conduct of business of the Government of India
- All executive actions of the Government of India shall be expressed to be taken in the name of the President.
- Authentication of any order or other instruments signed by the President shall be done according to the rules specified by the President.
- Validity of any order or other instrument which has been so authenticated shall NOT be called in question on the ground that such order or instrument has not been made or executed by the President.
- The President shall make rules for more convenient transactions of the business of the Government of India, and
- Also for allocation of the said business among the Ministers.
- Power to appoint and remove -
Prime Minister of India | Article 75 |
Other Ministers of the Union | Article 75 |
Attorney General of India | Article 76 |
Comptroller and Auditor General | Article 148 |
Governors of States | Article 155 |
Judges of the Supreme Court | Article 124 |
Judges of the High Court | Article 217 |
Chief Election Commissioner and Other Commissioners | Article 324 |
Members of Finance Commission | Article 280 |
Members of the Union Public service Commission | Article 316 |
Interstate Council | Article 263 |
Legislative Powers
Article 85. Sessions of Parliament, Prorogation and dissolution
- Power to summon or prorogue the Houses of Parliament & to dissolve Lok Sabha
- Reason for dissolution? - Either on the Advice of the Prime Minister, orIf the President is of the view that NO government can be formed.
- The duration of Lok Sabha is 5 years from the date appointed for its first meeting.
- Rajya Sabha is a permanent house and can NEVER BE DISSOLVED.
- Members in the Rajya Sabha are elected for a period of 6 years.
- 1/3rd members retire on the expiration of every 2nd year.
Article 80. Composition of the Council of States
- Nominating 12 members to the Rajya Sabha
- President can nominate such members who have Special Knowledge or Practical Experience from the field of -
Literature | Art | Science | Social Science |
- Current Strength of Rajya Sabha = 245 (maximum allowed is 250)
- 233 are representatives of the States (up to 238 allowed) & 12 are nominated by the President.
Article 111. Assent to bills
- A bill becomes an Act of Parliament ONLY after it receives the assent of the President,
- If a bill is presented to the President, he may :-
Give his assent, or
Withhold his assent, or
Return the bill for consideration of house, except money bill, But, if the bill is again presented to him after reconsideration, he is bound to give his assent.
- Money bill can be introduced in the Parliament ONLY with the prior recommendation of the President.
Article 108. Joint Sitting of both Houses in certain cases
- Power to summon joint meeting of both houses in case of a deadlock between the houses regarding a bill
- But, this joint meeting cannot be held in case of Money bill or Constitutional Amendment Bill
- Joint Sitting is presided over by the Speaker
- Decision is taken by Total Majority.
Article 123. Ordinances
- The President can legislate by ordinance at a time when either both Houses or any one house of Parliament are NOT in session in case of unforeseen/urgent matters.
- Immediate action must be needed for such matters.
- Ordinance made when both Houses are in session will be VOID.
- The Ordinances issued by him shall have the same force as an act of Parliament.
- The Ordinance must be laid before both the Houses of Parliament.
- Ordinance stays in operation for 6 weeks from the date of re-assembly, unless a resolution disapproving it is passed by both Houses before the expiration of 6 weeks.
- An Ordinance may be withdrawn at any time by the President.
Note - An ordinance can be issued when both the Houses of the Parliament are not in session. It follows from this that an Ordinance can be issued even when only one House is in session because a law cannot be passed by one House alone.
- An Ordinance will be VOID if it makes any provision which under the Constitution the Parliament is also NOT competent to make.
- Thus, an Ordinance CANNOT violate the Fundamental Rights.
D. C. Wadhwa V. State of Bihar (1987 SC)
- Successive re-promulgation of ordinances without any attempt to get the bills passed by the assembly would amount to fraud of the Constitution.
- The Court further called it a “subversion of the democratic process” and “colourable exercise of powers”.
- The Court said that ordinances so promulgated are liable to be struck down.
- The Executive cannot usurp the function assigned to the legislature under the Constitution.
Financial Powers
Article 117. Special provisions as to financial bills
- Money bill can be introduced in the Parliament ONLY with the prior recommendation of the President.
Article 112. Annual Financial Statement
- This is popularly known as Budget
- The President of India presents an Annual Financial Statement of the Government of India’s expenditure to the Parliament.
Consolidated Fund | Contingency Fund |
All income generated through direct taxes, indirect taxes and other sources of revenue (Excluding exceptional items) are part of Consolidated Fund of India | This fund is used at a time when there is a crisis in the nation or unforeseen scenarios or emergencies |
Provided under Article 266 | Provided under Article 267 |
- The President has absolute power in regard to the Contingency fund.
- Only on the recommendation of the President, the funds out of it can be used to meet unforeseen expenditure.
Article 280. Finance Commission
- It is constituted after every 5 years by the President of India.
- The commission makes recommendations to the President on various matters.
- The President shall then present every recommendation of the commission, along with explanatory memorandum as to the action taken thereon, before each house of the Parliament.
Judicial Powers
Article 143. Power of President to consult Supreme Court
- This Article gives the President the power to refer matters of public importance to the Supreme Court.
- The matter may be a question of law or question of fact.
- But, the Supreme Court is NOT bound to give its opinion.
Article 72. Power of President to grant pardons, etc. and to suspend, remit or commute sentences in certain cases.
- This Article provides for the pardoning power of the President.
- Pardon means that the person is completely absolved from the punishment.
- Reprieve means temporary suspension of a death sentence.
- Respite means awarding of lesser punishment on some special grounds like pregnancy.
- Remission means reduction of the amount of sentence without changing its character.
- Commutation means exchange of one form of punishment for another category of punishment.
Article 72 empowers the President to grant pardons etc. for sentence OR for punishment.
- Sentence is the decision which outlines the punishment to be applied, and
- Punishment is the application of that sentence.
- In other words, the sentence is a judicial pronouncement, whereas punishment is the actual consequence the offender faces.
- Article 72 empowers the President to grant pardons etc. where :-
Punishment or sentence for an offence against Union Law | Punishment or Sentence is by a Court Martial | Punishment is a death sentence |
Difference between pardoning powers of President and Governor
- The scope of the pardoning power of the President under Article 72 is wider than the pardoning power of the Governor under Article 161 which differs in the following 2 ways :-
- In the case of a death sentence, ONLY the President has power to Pardon it.The Governor CANNOT pardon the death sentence.
- In case of a sentence by Court Martial, ONLY the President can exercise these powers.
Epuru Sudhakar V. Government of Andhra Pradesh (2006 SC)
- The Supreme Court held that the Pardoning power of the President under Article 72 and the Governor under Article 161 is subject to Judicial review.
- Pardoning power cannot be exercised on the basis of caste or political reasons.
Kehar Singh V. Union of India (1989 SC)
- The Court held that while exercising his pardoning power it was open to the President to scrutinise the evidence on record and come to a different conclusion both on the guilt of the accused and the sentence imposed upon him.
- In doing so, the President does NOT amend or modify or supersede the judicial record.
- The judicial record remains intact.
- The Petitioner who is asking for mercy petition shall NOT have a right of oral hearing before the President.
- The President CANNOT be asked to give reasons for his order.
Shatrughan Chauhan V. Union of India (2014 SC)
- Inordinate delay in rejection of mercy petition of death row convicts amounts to torture and is sufficient basis in itself to commute death sentence to life imprisonment.
Article 63. The Vice-President of India
- There shall be a Vice-President of India
Article 64. The Vice-President to be ex officio Chairman of the Council of States
- It declares that the Vice-President shall be the ex officio Chairman of the Council of States, and
- Shall NOT hold any other office of profit.
- Proviso -> When the Vice-President acts as President under Article 65, he shall NOT perform the duties of Chairman of Rajya Sabha and shall NOT be entitled to any salary payable to the Chairman under Article 97.
Article 66. Election of Vice-President
- Elected by the electoral college.
- The electoral college consists of both elected and nominated members of both the houses of Parliament.
- In accordance with the system of proportional representation by means of single transferable vote and secret ballot system.
- The Vice-President shall NOT be a member of either House of Parliament OR House of the Legislature of any State, and
- If a member of either House of Parliament OR House of Legislature be elected as Vice-President, he shall be deemed to have vacated his seat in that House on that date on which he enters upon his office as Vice-President.
Clause (3) Eligibility
Must be a citizen of India,
Over 35 years of age,
Must be qualified for election as a member of the Council of States(Rajya Sabha)
Must NOT hold any office of profit under -
Union Government | State Government | Local Authority | Other Authority |
Article 67. Term of office of Vice-President
- 5 years from the date on which he enters upon his office,
- May Resign to the President.
- May be Removed, On a resolution of the Rajya Sabha passed by the total majority of the members and agreed to by the Lok Sabha.
“Agreed to” means a simple majority in the Lok Sabha.
The Resolution for removing the Vice-President is moved ONLY after 14 days notice has been given to the Vice-President.
- Unlike the President, NO specific ground for removing the Vice-President has been provided.
- Vice-President shall continue to hold office even after expiry of his term until the newly elected candidate enters upon his office.
Article 69. Oath or affirmation by the Vice-President
- By President
- Allegiance to the Constitution of India as by law established and faithfully discharge the duty.
Article 71. Matters relating to, or connected with, the election of a President or Vice-President
- All doubts and disputes arising out of OR in connection with the election of a President or Vice-President shall be inquired and decided by the Supreme Court whose decision shall be final.
- If the Supreme Court declares that a person’s election as President or Vice-President was unlawful, then any actions that person took to fulfill his OR her obligations as President or Vice-President on or before the date of the Supreme Court ruling would NOT be invalidated.
- Any matter pertaining to or associated with the election of a President or Vice-President may be regulated by law by Parliament provided that it is done so in accordance with requirements of this Constitution.
Article 74. Council of Ministers to aid and advise President
- The Article firstly declares that there shall be a Council of Ministers and the Prime Minister at the head.
- Secondly, it declares that it shall be the duty of the Council of Ministers and the Prime Minister to aid and advise the President.
- Hence, the real executive in the Council of Ministers and President is a nominal head.
- Lastly, it binds the President by such advice.
- This boundation was put on the President by the 42nd Constitutional Amendment Act, 1976.
- The Proviso however provides one opportunity for the President to request the Council of Ministers to reconsider their advice.
- But, the President is further bound to accept such advice given to him after such reconsideration.
- The Proviso was added by the 44th Constitutional Amendment Act, 1978.
Clause (2) - Advice by the Ministers given to the President shall NOT be inquired into in any Court.
U. N. Rao V. Indira Gandhi (1971 SC)
- The Supreme Court held that any exercise of executive power without the aid and advice of the Council of Ministers will be unconstitutional in view of Article 74(1).
S. P. Gupta V. Union of India (1982 SC)
- Popularly known as the First Judges Case.
- The Supreme Court held that though the advice given by the Council of Ministers to the President CANNOT be inquired into by the Courts,
- But the material on the basis of which such advice is given are not secret and can be scrutinised by the Courts.
Shamsher Singh V. State of Punjab (1974 SC)
- The Supreme Court held that the President and the Governors are ONLY “constitutional or formal heads”
- They exercise their powers and functions under the Constitution ONLY with the aid and on the advice of the Council of Ministers.
- Wherever the Constitution requires the satisfaction of the President or the Governor, the satisfaction is NOT the personal satisfaction of the President or the Governor but the satisfaction is of the Council of Ministers.
- The only exception being in cases where the Governor is required to exercise his functions in his discretion.
Article 78. Duties of Prime Minister as respects the furnishing of information to the President, etc.
- It provides a few duties of the Prime Minister.
All decisions of the Council of Ministers relating to the administration of the affairs of the Union and Legislative initiatives shall be communicated to the President by the Prime Minister.
The Prime Minister shall be responsible for providing any information regarding the management of Union affairs and legislative initiatives that the President may request.
The Prime Minister shall upon the request of the President, submit for consideration to the Council of Ministers any matter on which a Minister has reached a decision but which has NOT yet been subject of discussion by the Council of Ministers.
- Clause (c) is essential for the principle of collective responsibility.
Article 75. Other Provisions as to Ministers
Clause (1) - The Prime Minister shall be appointed by the President and other ministers shall be appointed by the President on the advice of the Prime Minister.
- The Prime Minister is the leader of the majority party.
- The only consideration for the President in appointment of the Prime Minister is to see that the person chosen by him commands the support of the majority in the House.
Hung Parliament - When NO single political party wins a majority, it is known as a Hung Parliament.
Clause (1A) - Inserted by the 91st Constitutional Amendment Act, 2003
- The total number of Ministers including the Prime Minister shall NOT be more than 15% of the Total members of the Lok Sabha.
Clause (1B) - Also inserted by the 91st Constitutional Amendment Act, 2003
- Where any member is disqualified from being a member of any house on the ground of defection.
- Then he shall also be disqualified to be appointed as a Minister under clause (1).
Clause (5) - It provides that even a non-member of any House of Parliament can become a Minister.
- Granted, such Minister subsequently must become a member of Parliament within 6 months.
- If he is NOT elected within the time mentioned above, he is bound to resign.
Clause (4) - Before a Minister enters upon his office, the President shall administer to him the oath of office and of secrecy in accordance with the 3rd Schedule.
Clause (2) - The Ministers shall hold office during the pleasure of the President.
Clause (6) - The Salaries and allowances of Ministers shall be such as Parliament may by law determine.
- Until it is so determined, it shall be governed by the 2nd Schedule.
Clause (3) - All the ministers are collectively responsible to the Lok Sabha.
- This means that the Council of Ministers works as a team and all decisions taken by the cabinet are the joint decisions of all its members.
- No matter whatever their personal differences of opinion within the Cabinet, but once a decision has been taken by it, it is the duty of each and every Minister to stand by it and support it both in the Legislature and outside.
- According to the principle of collective responsibility, the Council of Ministers is collectively responsible to the Lok Sabha, hence as soon as a Ministry loses the confidence of the House or is defeated on any question of policy, it must resign collectively.
- Along with the principle of collective responsibility, the principle of individual responsibility of each minister to the Parliament also exists.
- This means that a minister cannot throw the responsibility of his department either on his officials or another Minister.
- If a Minister has taken action with the approval of the Cabinet, the principle of collective responsibility applies and the whole cabinet should support and defend his actions.
- However, if the Minister has taken action without the Cabinet’s approval, the Cabinet may or may not support him.
- If the cabinet does NOT support his action, in that case, the Minister has to go and NOT the whole cabinet.
- But, the Cabinet CANNOT retain the Minister and at the same time contend that the responsibility is all his.
Note - There is NO provision in the Constitution which makes the President responsible to the Parliament.
Frequently Asked Questions
Q) How is the President of India elected?
A) The President is elected indirectly by an Electoral College comprising elected Members of Parliament and elected Members of Legislative Assemblies of States and certain Union Territories.
Q) What is meant by collective responsibility of the Council of Ministers?
A) Under Article 75(3), the Council of Ministers is collectively responsible to the Lok Sabha, meaning if the House withdraws confidence, the entire Council must resign.
Q) What is meant by the ‘Pleasure of the President’?
A) The term ‘Pleasure of the President’ means that certain government officials hold their positions as long as the President wishes.
- This means they can be removed from office at any time, without a fixed tenure, provided it is done according to constitutional provisions.
- In practice, this power is exercised by the President on the advice of the Council of Ministers.
Q) Can the President refuse to give assent to a Bill?
A) Yes, the President can withhold assent or return the Bill for reconsideration (except a Money Bill). However, once the Bill is re-passed, the President is bound to give assent.
Q) What is the difference between the President and the Prime Minister?
A) The President is the constitutional head of the State, while the Prime Minister is the head of the Government and holds real executive power.
The Executive is the heart of India’s governance; balancing constitutional formality with democratic accountability.
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