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President & Vice-President

Polity notes for UPSC CSE Prelims 2027 · Free

Last reviewed · Written and checked by the Prelims Lab faculty · About 35 min to read

Election and value of votes, impeachment, ordinance, veto and pardon powers, and the Vice-President. Free notes for UPSC CSE Prelims 2027, written around the traps UPSC sets, with the exact text of the Constitution and every past question on the topic.

President & Vice-President in short
Election of the President
The President is the head of the Indian State and the first citizen of India. People do not vote for the President directly.
Qualifications, term and impeachment
The President serves for five years and can be re-elected. Because the President is the guardian of the Constitution, the only ground for removal is "violation of the Constitution", and removal needs a very large majority in both Houses, so that a passing political majority cannot remove the head of State.
Powers of the President
On paper the President has wide powers: appointing the government and judges, calling Parliament, signing laws, issuing ordinances, pardoning, and declaring emergencies. In practice almost all of them are used on the advice of the Prime Minister and the Council of Ministers.
Position of the President
Although the President has many powers on paper, he acts on the advice of the Council of Ministers headed by the Prime Minister (Article 74). So the President is the nominal (formal) head, and the PM's government is the real executive.
The Vice-President
The Vice-President is India's second-highest office. The job has two sides: in normal times the Vice-President presides over the Rajya Sabha, and if the President's office falls vacant, the Vice-President steps in as acting President until a new one is elected.

How to read: each section has The idea in brief (start here if the topic is new), Exam notes (the facts UPSC tests) and Ranker’s edge (the fine points). Each section opens with the bare text of the Constitution. Open In depth for the story behind it and past questions.

1. Election of the President

The bare text
Bare text · Article 54Constitution of India, as on 1 May 2024

54. Election of President.—The President shall be elected by the members of an electoral college consisting of—

(a) the elected members of both Houses of Parliament; and

(b) the elected members of the Legislative Assemblies of the States.

[Explanation.—In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union territory of *Puducherry.]

Amended by: 70th (1992) Amendment
Bare text · Article 55Constitution of India, as on 1 May 2024

55. Manner of election of President.—(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:—

(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;

(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

Clauses not relevant here are left out.
Amended by: 42nd (1976), 84th (2001) Amendments
Bare text · Article 71Constitution of India, as on 1 May 2024

[71. Matters relating to, or connected with, the election of a President or Vice-President.—(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.

(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.

Clauses not relevant here are left out.
Amended by: 39th (1975) Amendment

Reading the text

  • “Elected members” twice in Article 54: nominated MPs and nominated MLAs have no vote, and neither do members of State Legislative Councils. UPSC’s 2023 question tests this.
  • The Explanation (70th Amendment, 1992) adds the elected MLAs of Delhi and Puducherry. Other Union Territories have no say.
  • “Uniformity … and parity” (Article 55): each MLA’s vote is weighted by the State’s population (population ÷ elected MLAs ÷ 1,000). The MPs’ votes together equal the total value of all MLAs’ votes. So the States as a whole and the Union carry equal weight.
  • Article 71(2): if the Supreme Court sets aside a President’s election, acts done in office remain valid (UPSC 2023).
The idea in brief

The President is the head of the Indian State and the first citizen of India. People do not vote for the President directly. An electoral college does:

Nominated members do not vote. Each vote has a “value” based on population, so that big and small States are balanced.

ExampleOne MLA from Uttar Pradesh (a huge population) has a much bigger vote value than one MLA from Sikkim.
Exam notes
Electoral college (Art 54)Elected members of both Houses of Parliament + elected members of State Assemblies + elected members of the Assemblies of Delhi and Puducherry (70th Amendment, 1992). Nominated members and MLCs do not vote (PYQ 2023)
Method (Art 55)Proportional representation by single transferable vote, secret ballot
Value of an MLA’s votePopulation of the State ÷ elected MLAs ÷ 1,000. Population of the 1971 Census is used (frozen till after 2026) (PYQ 1997). So the value varies from State to State (PYQ 2018)
Value of an MP’s voteTotal value of all MLAs’ votes ÷ total elected MPs. Same for Lok Sabha and Rajya Sabha MPs (PYQ 2003, 2018)
Disputes (Art 71)Decided only by the Supreme Court. If the election is declared void, acts done before the decision stay valid. The election cannot be stopped because some Assemblies are dissolved (PYQ 2023)
In detail: A State with a bigger population per seat has a higher value per MLA. Uttar Pradesh has the highest (208); Sikkim the lowest (7). Puducherry’s value (16) is higher than Arunachal Pradesh’s (8) because its population per seat is higher (PYQ 2023).
PresidentNote
Rajendra PrasadFirst; only one elected twice (1952, 1957)
N. Sanjiva ReddyElected unopposed (1977); earlier Speaker
V.V. GiriTrade unionist
K.R. NarayananFirst Dalit President
Pratibha Patil / Droupadi MurmuFirst woman (2007) / first from a Scheduled Tribe (2022)
Election rules50 proposers + 50 seconders; deposit ₹15,000; MLA vote value uses 1971 Census
PointDetails
Conduct of the pollElection Commission conducts it; the Returning Officer is the Secretary-General of the Lok Sabha or Rajya Sabha, by rotation
Winning quota(Total valid votes ÷ 2) + 1. If no one reaches it on first preferences, the lowest candidate is eliminated and votes transferred
Timing (Art 62)Election before the term ends; for a vacancy by death, resignation or removal, within six months
How the President is elected
  1. Notification by the Election CommissionNomination needs 50 proposers and 50 seconders; deposit ₹15,000
  2. Electoral college votesElected MPs and elected MLAs (including Delhi and Puducherry), secret ballot, preferences marked
  3. Vote values appliedMLA value from the State’s 1971 population; MP value = total MLA value ÷ elected MPs
  4. Counting by quotaSingle transferable vote until a candidate crosses half the valid votes + 1
  5. Oath (Art 60)Before the Chief Justice of India; disputes go only to the Supreme Court (Art 71)
Remember itElected only, in both places: elected MPs + elected MLAs (with Delhi and Puducherry). Nominated members and MLCs never vote. Vote value uses the 1971 population; UP has the highest MLA value, Sikkim the lowest.
Beyond the basics · ranker’s edge
PointDepth
2022 numbersValue of an MP’s vote fell from 708 to 700 because J&K had no Assembly; Droupadi Murmu sworn in on 25 July 2022 as the 15th President
StatutePresidential and Vice-Presidential Elections Act, 1952: 50 proposers + 50 seconders (1997), deposit ₹15,000; petition by a candidate or 20 electors
Art 71(4)Election cannot be challenged on the ground of a vacancy in the electoral college
In depth: the story behind it and how UPSC asks it

The story behind it

The Assembly chose indirect election on purpose. A President elected directly by the whole country would claim a mandate to rival the Prime Minister’s, which was incompatible with a parliamentary system where real power lies with ministers. Including State legislators made the President a symbol of the Union as a federation, not of the Lok Sabha majority alone.

The single transferable vote has mattered only once. In 1969, after Prime Minister Indira Gandhi called for a “conscience vote”, V.V. Giri defeated the Congress candidate N. Sanjiva Reddy. It is the only presidential election decided on second preferences.

How UPSC asks it

  1. UPSC 2023 Consider the following statements in respect of election to the President of India:
    1. The members nominated to either House of the Parliament or the Legislative Assemblies of States are also eligible to be included in the Electoral College.
    2. Higher the number of elective Assembly seats, higher is the value of vote of each MLA of that State.
    3. The value of vote of each MLA of Madhya Pradesh is greater than that of Kerala.
    4. The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh.
    How many of the above statements are correct?
    1. Only one
    2. Only two
    3. Only three
    4. All four
    Show answer(a) Only one. Only 4 is correct. Nominated members are excluded; more seats means a lower value per MLA; Madhya Pradesh (131) is lower than Kerala (152).
  2. UPSC 2023 Consider the following statements:
    1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
    2. Elections for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
    3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
    How many of the above statements are correct?
    1. Only one
    2. Only two
    3. All three
    4. None
    Show answer(d) None. Acts done stay valid (Art 71(2)); vacancies in the electoral college do not stop the election; and there is no time limit for assent.
  3. UPSC 2018 With reference to the election of the President of India, consider the following statements:
    1. The value of the vote of each MLA varies from State to State.
    2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha.
    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer(a) 1 only. All elected MPs have the same vote value.
  4. UPSC 2003 Consider the following statements: In the electoral college for Presidential Election in India,
    1. The value of the vote of an elected Member of Legislative Assembly equals State Population ÷ Number of elected MLAs of the State × 100.
    2. The value of the vote of an elected Member of Parliament equals total value of the votes of all elected MLAs divided by total number of elected MPs.
    3. There were more than 5000 members in the latest elections.
    1. 1 and 2
    2. Only 2
    3. 1 and 3
    4. Only 3
    Show answer(b) Only 2. The MLA formula divides by 1,000, not multiplies by 100. The 2002 electoral college had under 5,000 members (about 4,896).
  5. UPSC 1997 In the Presidential election in India, every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly. As at present the expression 'population' here means the population as ascertained by the:
    1. 1991 Census
    2. 1981 Census
    3. 1971 Census
    4. 1961 Census
    Show answer(c) 1971 Census. 1971 Census.

2. Qualifications, term and impeachment

The bare text
Bare text · Article 56Constitution of India, as on 1 May 2024

56. Term of office of President.—(1) The President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that—

(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;

(b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61;

(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Clauses not relevant here are left out.
Bare text · Article 61Constitution of India, as on 1 May 2024

61. Procedure for impeachment of the President.—(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless—

(a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and

(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

Reading the text

  • The only ground is “violation of the Constitution”, and the Constitution does not define it.
  • One House accuses, the other House tries: a quasi-judicial process. Each step needs two-thirds of the total membership, the strictest majority in the Constitution.
  • Both Houses take part fully, including nominated members. Elected MLAs, who vote in the election, have no role in impeachment. That asymmetry is UPSC’s 1996 question.
  • “Until his successor enters upon his office”: there is never a gap in the office.
The idea in brief

The President serves for five years and can be re-elected. Because the President is the guardian of the Constitution, the only ground for removal is “violation of the Constitution”, and removal needs a very large majority in both Houses, so that a passing political majority cannot remove the head of State.

Exam notes
QualificationsCitizen of India; 35 years; qualified to be a Lok Sabha member; no office of profit (sitting President, VP, Governor and ministers are not treated as holding one)
TermFive years; eligible for re-election any number of times. Resigns by writing to the Vice-President
Impeachment (Art 61)Only ground: violation of the Constitution. Charge in either House, signed by one-fourth of members, after 14 days’ notice; passed by two-thirds of total membership of each House. Nominated MPs take part; MLAs do not (PYQ 1996). No President has been impeached
VacancyElection within six months; meanwhile the Vice-President acts as President (or the Chief Justice, if the VP’s post is also vacant)
Prelims trap: Nominated members: vote in impeachment, not in the election. MLAs: vote in the election, not in impeachment. A naturalised citizen can become President.
PointDetails
EmolumentsFixed by Parliament; ₹5 lakh a month since 2018; cannot be reduced during the term
Acting PresidentsV.V. Giri (VP) in 1969; Chief Justice M. Hidayatullah acted when both offices were vacant (1969); B.D. Jatti (VP) in 1977
Impeachment of the President (Art 61)
  1. Charges framed in either HouseSigned by one-fourth of its members, after 14 days’ notice
  2. First House passesBy two-thirds of its total membership
  3. Other House investigatesPresident can appear or be represented
  4. Second House sustains the chargeBy two-thirds of its total membership
  5. RemovalFrom the date the resolution is passed. Nominated MPs take part; MLAs do not
Remember itWho votes where, in a grid: election = elected MPs + elected MLAs; impeachment = all MPs (nominated too), no MLAs. Impeachment: one ground, two-thirds of total membership in each House, never used.
Beyond the basics · ranker’s edge
PointDepth
Oath (Art 60)Administered by the CJI (or senior-most SC judge): to “preserve, protect and defend the Constitution”
Immunity (Art 361)No criminal proceedings during term; civil proceedings for personal acts only after 2 months’ notice
Impeachment natureQuasi-judicial; President can appear or be represented. Nominated MPs take part, elected MLAs (and Delhi, Puducherry MLAs) do not
In depth: the story behind it and how UPSC asks it

The story behind it

No President has ever been impeached, or even faced a formal motion. The process is designed to be nearly impossible to misuse: it needs a two-thirds majority in both Houses, so no single party in a typical Parliament can use it alone.

How UPSC asks it

  1. UPSC 1996 Which one of the following is a part of the electoral college for the President but not the forum for his impeachment?
    1. Lok Sabha
    2. Rajya Sabha
    3. State Legislative Councils
    4. State Legislative Assemblies
    Show answer(d) State Legislative Assemblies. MLAs elect the President but play no part in impeachment.

3. Powers of the President

The bare text
Bare text · Article 72Constitution of India, as on 1 May 2024

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.—(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—

(a) in all cases where the punishment or sentence is by a Court Martial;

(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) in all cases where the sentence is a sentence of death.

Clauses not relevant here are left out.
Bare text · Article 111Constitution of India, as on 1 May 2024

111. Assent to Bills.—When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:

Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.

Bare text · Article 123Constitution of India, as on 1 May 2024

123. Power of President to promulgate Ordinances during recess of Parliament.—(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance—

(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and

(3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

Clauses not relevant here are left out.
Bare text · Article 143Constitution of India, as on 1 May 2024

143. Power of the President to consult the Supreme Court.—(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.

Clauses not relevant here are left out.

Reading the text

  • Article 72 has three heads: court-martial sentences, offences under Union laws, and all death sentences. A Governor’s pardoning power under Article 161 covers none of the court-martial cases.
  • Article 111 sets no time limit for the President to decide. That silence allows a “pocket veto”. President Zail Singh used it in 1986, sitting on the Indian Post Office (Amendment) Bill.
  • Ordinances, Article 123: “except when both Houses … are in session” means an Ordinance can be issued when even one House is not sitting. It has “the same force and effect” as an Act, but lapses six weeks after Parliament reassembles unless approved.
  • Article 143: the Court “may” report its opinion, so it may decline to answer, as it did over the Ayodhya reference in 1994.
The idea in brief

On paper the President has wide powers: appointing the government and judges, calling Parliament, signing laws, issuing ordinances, pardoning, and declaring emergencies. In practice almost all of them are used on the advice of the Prime Minister and the Council of Ministers. Think of the President as the formal signature on every important act of the Union.

Exam notes
PowerKey points
ExecutiveExecutive power of the Union is vested in the President (Art 53), not the PM (PYQ 2015). All executive action is taken in the President’s name; the President makes rules of business and allocates work among ministers (Art 77) (PYQ 2014). Appoints the PM, ministers, AG, CAG, CEC, judges, Governors, UPSC and Finance Commission members
LegislativeSummons and prorogues Parliament, dissolves the Lok Sabha, addresses Parliament, nominates 12 to the Rajya Sabha, recommends certain bills, lays reports before Parliament: Finance Commission, CAG, UPSC, NCSC, NCST, NCBC (PYQ 2012)
Ordinance (Art 123)When Parliament is not in session. Same force as an Act: can amend any Central Act and have retrospective effect, but cannot abridge Fundamental Rights (PYQ 2025). Lapses six weeks after Parliament reassembles. Cooper (1970) and Krishna Kumar Singh (2017): satisfaction can be reviewed; re-promulgation is a fraud on the Constitution
Veto (Art 111)Absolute (withhold), suspensive (return once, not for Money Bills), pocket (no time limit to decide; used by Zail Singh on the Indian Post Office (Amendment) Bill, 1986). The Constitution sets no time limit for assent (PYQ 2023). Must assent to an amendment bill
Pardon (Art 72)Pardon, commutation, remission, respite, reprieve: for Union-law offences, court-martial and death sentences. Exercised on ministerial advice; open to limited judicial review (Maru Ram 1980, Kehar Singh 1989, Epuru Sudhakar 2006) (PYQ 2025)
Advisory reference (Art 143)May seek the Supreme Court’s opinion on law or fact; the Court may decline. Used in 2002 on deferring the Gujarat Assembly elections (PYQ 2003)
In detail: In 2002 President Kalam returned the electoral reforms ordinance; when the Cabinet sent it back unchanged he signed it under Article 123 (PYQ 2003). The Governor’s power (Art 161) is narrower: he can suspend, remit or commute a death sentence but cannot pardon it outright, and has no power over court-martial sentences.
PowerDetails
MilitarySupreme Commander of the defence forces; declares war and peace subject to Parliament’s law
DiplomaticInternational treaties are negotiated in the President’s name (subject to Parliament’s approval where laws are needed); receives ambassadors
FinancialMoney Bills and demands for grants only on the President’s recommendation; Contingency Fund at the President’s disposal; constitutes the Finance Commission
Returned decisionsK.R. Narayanan returned President’s Rule recommendations for UP (1997) and Bihar (1998). A.P.J. Abdul Kalam returned the Office of Profit Bill (2006); it was re-passed and he signed
Prelims trap: The President can return a bill only once; if Parliament passes it again, with or without changes, the President must assent. Money Bills and Constitution amendment bills cannot be returned.
Remember itArticles to tie to powers: 53 executive, 72 pardon, 111 veto, 123 ordinance, 143 advisory reference. Three vetoes: absolute, suspensive (not Money Bills), pocket (Zail Singh, 1986).
Beyond the basics · ranker’s edge
PowerDepth
OrdinancesD.C. Wadhwa (1987): Bihar re-promulgated ordinances for years; held a fraud. Krishna Kumar Singh (2017): not laying an ordinance before the legislature is a constitutional violation. An ordinance cannot amend the Constitution
Timelines on assentTamil Nadu v. Governor (April 2025) fixed timelines for Governors and the President. On the Presidential reference that followed, a Constitution Bench (November 2025) opined that courts cannot impose fixed timelines or “deemed assent”, while prolonged unexplained inaction can face limited judicial scrutiny
MercyShatrughan Chauhan (2014): inordinate delay in deciding mercy petitions is a ground to commute. Perarivalan (2022): Court used Article 142 after the Governor’s delay
Article 143 referencesKerala Education Bill (1958), Berubari (1960), Keshav Singh (1965), Special Courts Bill (1978), Cauvery (1991), Ayodhya (1993, declined), collegium (1998), Gujarat polls (2002), natural resources (2012), assent timelines (2025)
Prelims trap: An ordinance cannot abridge Fundamental Rights, but it can be retrospective and can amend Central Acts. (PYQ 2025) The President’s pardon covers court-martial sentences; the Governor’s does not
In depth: the story behind it and how UPSC asks it

The story behind it

  • Re-promulgation: Bihar re-issued the same Ordinances for years without placing them before the legislature. The Supreme Court called this a “fraud on the Constitution” in D.C. Wadhwa (1987) and Krishna Kumar Singh (2017).
  • Pardons are exercised on ministerial advice. Courts can review them only on narrow grounds such as mala fides or irrelevant considerations (Kehar Singh, 1989; Epuru Sudhakar, 2006).
  • November 2025 reference: in the 16th Presidential reference under Article 143, a five-judge bench advised that courts cannot impose timelines on the President or Governors to decide on Bills. It also held there is no “deemed assent”, though prolonged, unexplained inaction can be reviewed.

How UPSC asks it

  1. UPSC 2025 Consider the following statements with regard to pardoning power of the President of India: I. The exercise of this power by the President can be subjected to limited judicial review. II. The President can exercise this power without the advice of the Central Government.
    1. I only
    2. II only
    3. Both I and II
    4. Neither I nor II
    Show answer(a) I only. Courts can review a pardon on limited grounds (arbitrariness, mala fides). The President acts on ministerial advice (Maru Ram, 1980).
  2. UPSC 2025 With reference to the Indian polity, consider the following statements:
    1. An Ordinance can amend any Central Act.
    2. An Ordinance can abridge a Fundamental Right.
    3. An Ordinance can come into effect from a back date.
    Which of the statements given above are correct?
    1. 1 and 2 only
    2. 2 and 3 only
    3. 1 and 3 only
    4. 1, 2 and 3
    Show answer(c) 1 and 3 only. An ordinance has the force of an Act, so it can amend Central Acts and be retrospective. Like any law under Article 13, it cannot abridge Fundamental Rights.
  3. UPSC 2015 Consider the following statements:
    1. The Executive Power of the Union of India is vested in the Prime Minister.
    2. The Prime Minister is the ex officio Chairman of the Civil Services Board.
    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer(d) Neither 1 nor 2. Executive power is vested in the President (Art 53). The Cabinet Secretary chairs the Civil Services Board.
  4. UPSC 2012 According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament which of the following?
    1. The Recommendations of the Union Finance Commission
    2. The Report of the Public Accounts Committee
    3. The Report of the Comptroller and Auditor General
    4. The Report of the National Commission for Scheduled Castes
    1. 1 only
    2. 2 and 4 only
    3. 1, 3 and 4 only
    4. 1, 2, 3 and 4
    Show answer(c) 1, 3 and 4 only. Finance Commission (281), CAG (151) and NCSC (338) reports. The PAC is Parliament’s own committee and reports to the House directly.
  5. UPSC 2003 Under which Article of the Indian Constitution did the President give his assent to the ordinance on electoral reforms when it was sent back to him by the Union Cabinet without making any changes (in the year 2002)?
    1. Article 121
    2. Article 122
    3. Article 123
    4. Article 124
    Show answer(c) Article 123. Ordinances are made under Article 123.
  6. UPSC 2003 Under which Article of the Indian Constitution did the President make a reference to the Supreme Court to seek the Court's opinion on the Constitutional validity of the Election Commission's decision on deferring the Gujarat Assembly Elections (in the year 2002)?
    1. Article 142
    2. Article 143
    3. Article 144
    4. Article 145
    Show answer(b) Article 143. Article 143 (advisory jurisdiction).

4. Position of the President

The bare text
Bare text · Article 53Constitution of India, as on 1 May 2024

53. Executive power of the Union.—(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.

Clauses not relevant here are left out.

Reading the text

Article 53 vests the executive power in the President, but Article 74 makes the President act on ministerial advice. Read together, the President is the formal head, while real power lies with the Council of Ministers led by the Prime Minister. That is why UPSC’s 2015 statement “executive power is vested in the Prime Minister” is wrong in law.

The idea in brief

Although the President has many powers on paper, he acts on the advice of the Council of Ministers headed by the Prime Minister (Article 74). So the President is the nominal (formal) head, and the PM’s government is the real executive.

Think of it like thisThe President is like the captain’s armband on the team: it carries honour and some important duties, but the coach and team (the Cabinet) decide the game plan.

The President can send the advice back once for reconsideration, but must accept it if it comes back. In rare situations (like a hung Lok Sabha) the President uses personal judgment.

Exam notes
Article 74Council of Ministers headed by the PM to aid and advise; advice is binding (42nd Amendment, 1976); President may return it once for reconsideration (44th Amendment, 1978)
Situational discretionAppointing a PM when no party has a majority; dismissing a ministry that has lost confidence; dissolving the Lok Sabha when the ministry has lost its majority; pocket veto
NatureNominal executive, like the British monarch; real executive is the Council of Ministers
Remember itAdvice binds (42nd), but can be returned once (44th). Real discretion only in situations the Constitution leaves open, like a hung Lok Sabha.
Beyond the basics · ranker’s edge
PointDepth
Samsher Singh (1974)President and Governor act on ministerial advice except where the Constitution expressly gives discretion
U.N.R. Rao (1971)A Council of Ministers must always exist, even after the Lok Sabha is dissolved
Article 74(2)Courts cannot inquire into what advice was tendered
In depth: the story behind it and how UPSC asks it

The story behind it

The first President, Rajendra Prasad, argued that the text gave him independent powers, for example over the Hindu Code Bill. Nehru disagreed, and the convention of acting on advice prevailed. The 42nd Amendment (1976) wrote it into Article 74. Some discretion survives where advice is absent or unclear: choosing a Prime Minister when no party has a majority (as in 1979, 1989 and 1996), sending advice back once for reconsideration, and the pocket veto.

5. The Vice-President

The bare text
Bare text · Article 64Constitution of India, as on 1 May 2024

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

Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

Bare text · Article 66Constitution of India, as on 1 May 2024

66. Election of Vice-President.—(1) The Vice-President shall be elected by the [members of an electoral college consisting of the members of both Houses of Parliament] in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

(2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.

(3) No person shall be eligible for election as Vice-President unless he—

(a) is a citizen of India;

(b) has completed the age of thirty-five years; and

(c) is qualified for election as a member of the Council of States.

Clauses not relevant here are left out.
Amended by: 11th (1961) Amendment
Bare text · Article 67Constitution of India, as on 1 May 2024

67. Term of office of Vice-President.—The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that—

(a) a Vice-President may, by writing under his hand addressed to the President, resign his office;

(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution;

(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Reading the text

  • Electorate: all members of both Houses, including nominated members, but no MLAs. Contrast the President’s election. The 11th Amendment (1961) replaced the original “joint meeting” with an electoral college.
  • Removal starts only in the Rajya Sabha (UPSC 2004), by an effective majority, which the Lok Sabha must then agree to by a simple majority. No ground needs to be stated, and it is not called “impeachment”.
  • Qualified for the Rajya Sabha, so 30 for membership, but the Article separately fixes 35 years. The higher age applies.
The idea in brief

The Vice-President is India’s second-highest office. The job has two sides: in normal times the Vice-President presides over the Rajya Sabha, and if the President’s office falls vacant, the Vice-President steps in as acting President until a new one is elected.

Exam notes
Election (Art 66)Electoral college of all members of both Houses, including nominated members; no MLAs. Single transferable vote, secret ballot (PYQ 2013)
QualificationsCitizen, 35 years, qualified to be a Rajya Sabha member
Removal (Art 67)Resolution of the Rajya Sabha passed by a majority of all its then members and agreed to by the Lok Sabha; 14 days’ notice; no grounds stated. Can be moved only in the Rajya Sabha (PYQ 2004)
RoleEx officio Chairman of the Rajya Sabha (not a member). Acts as President during a vacancy for up to six months; then does not act as Chairman
In detail: First VP: S. Radhakrishnan. Vice-Presidents who later became President include Radhakrishnan, Zakir Husain, V.V. Giri, R. Venkataraman, Shankar Dayal Sharma and K.R. Narayanan. Hidayatullah and Shankar Dayal Sharma served as VP; Fakhruddin Ali Ahmed and Neelam Sanjiva Reddy did not (PYQ 2008). The Deputy Chairman is a member of the Rajya Sabha; only the Chairman is not (PYQ 2013).
Two terms as VPS. Radhakrishnan and Hamid Ansari
2025Jagdeep Dhankhar resigned (July); C.P. Radhakrishnan elected (September)
PointDetails
OathBefore the President (or a person appointed by the President)
Articles63 office; 64 Chairman of Rajya Sabha; 65 acting President; 66 election; 67 term and removal; 68 timing of election; 69 oath; 70 other contingencies; 71 disputes
Prelims trap: The Vice-President is not a member of the Rajya Sabha and has no vote except a casting vote. While acting as President, he does not function as Chairman.
Remember itAll MPs, no MLAs; removed only from the Rajya Sabha side. Chairman of the Rajya Sabha but not its member; casting vote only.
Beyond the basics · ranker’s edge
PointDepth
2024–25 eventsA removal notice against VP Jagdeep Dhankhar (December 2024) was rejected by the Deputy Chairman. C.P. Radhakrishnan won the September 2025 election
SalaryWhile acting as President he draws the President’s salary and allowances, not the Chairman’s
In depth: the story behind it and how UPSC asks it

The story behind it

The office was modelled on the American Vice-President, but with one difference: India’s Vice-President does not automatically become President on a vacancy. They only act until a new President is elected within six months. The office was tested in 2025: Vice-President Jagdeep Dhankhar resigned mid-term in July, and C.P. Radhakrishnan was elected the 15th Vice-President in September for a full five-year term.

How UPSC asks it

  1. UPSC 2013 Consider the following statements:
    1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
    2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.
    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer(b) 2 only. The Deputy Chairman is a member of the Rajya Sabha. 2 is correct.
  2. UPSC 2008 Who among the following have held the office of the Vice-President of India?
    1. Mohammad Hidayatullah
    2. Fakhruddin Ali Ahmed
    3. Neelam Sanjiva Reddy
    4. Shankar Dayal Sharma
    1. 1, 2, 3 and 4
    2. 1 and 4 only
    3. 2 and 3 only
    4. 3 and 4 only
    Show answer(b) 1 and 4 only. Hidayatullah (1979–84) and Shankar Dayal Sharma (1987–92). Ahmed and Reddy were Presidents but never VP.
  3. UPSC 2004 The resolution for removing the Vice-President of India can be moved in the:
    1. Lok Sabha alone
    2. Either House of Parliament
    3. Joint Sitting of Parliament
    4. Rajya Sabha alone
    Show answer(d) Rajya Sabha alone. Article 67(b): only in the Rajya Sabha.

6. Quick revision and traps

Exam notes
President’s electionElected MPs + elected MLAs (incl. Delhi, Puducherry)
VP’s electionAll MPs, elected and nominated
35 yearsFor both offices
ResignationPresident to VP; VP to President
Beyond the basics · ranker’s edge
PYQ patternHow to prepare
Electoral college and vote valueWho votes in election vs impeachment vs VP election
Ordinance and pardonLimits, judicial review cases
Assent and timelinesFollow the 2025 reference outcome closely; likely 2027 theme