Pariksha SaathiLesson 5 of 10 · Indian Polity and Constitution
The President and the Vice-President of India
Drafted with AI assistance and fact-checked on 28 October 2026; not yet read line by line by a human editor. Spotted a mistake? Tell us. Editorial standards & corrections
Place in the system
Article 52 says there shall be a President of India, and Article 53 vests the executive power of the Union in the President. Because India has a parliamentary system, the President is the constitutional head and acts on the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74). The 42nd Amendment (1976) made that advice binding, and the 44th Amendment (1978) let the President return it once for reconsideration, after which the reconsidered advice binds.
Election
Under Article 54 the President is elected by an electoral college of the elected members of both Houses of Parliament, the elected members of the state Legislative Assemblies and, since the 70th Amendment (1992), the elected members of the Assemblies of Delhi and Puducherry. Article 55 prescribes proportional representation by single transferable vote through secret ballot. The value of an MLA's vote is the state's population divided by its number of elected MLAs, divided again by 1000; the value of an MP's vote is the total value of all MLAs' votes divided by the number of elected MPs. The population used is that of the 1971 Census until figures of the first census after 2026 are published. Under the Presidential and Vice-Presidential Elections Act 1952, as amended in 1997, a candidate's nomination needs 50 proposers and 50 seconders, and election disputes are decided by the Supreme Court (Article 71).
Qualifications, oath and term
A candidate must be a citizen, at least 35 years old, qualified for election to the Lok Sabha and not hold an office of profit (Article 58). The oath is administered by the Chief Justice of India (Article 60). The term is 5 years (Article 56), and the President may resign by writing to the Vice-President. Dr Rajendra Prasad is the only President elected twice. A vacancy must be filled within 6 months (Article 62), and meanwhile the Vice-President acts as President (Article 65); if that office is also vacant, the Chief Justice of India acts, as Justice M. Hidayatullah did in 1969.
Impeachment
Under Article 61 the only ground is violation of the Constitution, which the Constitution does not define. The charge may begin in either House by a resolution signed by one-fourth of its total members after 14 days' notice, and must be passed by two-thirds of the total membership of that House. The other House then investigates, and if it also passes the resolution by two-thirds of its total membership, the President stands removed. Nominated members of Parliament take part in impeachment though they do not vote in the election, while elected MLAs, who vote in the election, have no role in it.
Executive, legislative and ordinance powers
All executive action is taken in the President's name. The President appoints the Prime Minister and ministers, the Attorney General, the CAG, the Election Commissioners, UPSC members, Governors, the Finance Commission and judges of the Supreme Court and High Courts. The President summons and prorogues Parliament, dissolves the Lok Sabha, summons joint sittings (Article 108), addresses Parliament (Article 87) and nominates 12 members to the Rajya Sabha (Article 80). Under Article 123 the President can issue an ordinance when either House is not in session; it must be laid before Parliament and lapses 6 weeks after Parliament reassembles unless approved, so its maximum life is 6 months and 6 weeks. An ordinance cannot amend the Constitution.
Pardon and veto
Under Article 72 the President can grant a pardon (removing sentence and conviction), commutation (a lighter form of punishment), remission (a shorter period of the same punishment), respite (a lesser sentence because of a special fact such as pregnancy) and reprieve (a temporary stay of execution). This covers offences against Union laws, court-martial sentences and all death sentences; the Governor's power under Article 161 covers offences against laws on matters to which the state's executive power extends, and does not reach court-martial sentences. In the Maru Ram and Kehar Singh cases the Supreme Court held that the power is exercised on the advice of the Council of Ministers and is open to only limited judicial review. On bills, the President has an absolute veto (withholding assent), a suspensive veto (returning a bill other than a money bill once for reconsideration) and a pocket veto, since the Constitution fixes no time limit for the President's decision; President Zail Singh used it on the Indian Post Office (Amendment) Bill in 1986. There is no veto over constitutional amendment bills, as the 24th Amendment (1971) made assent obligatory.
The Vice-President
Article 63 creates the office and Article 64 makes the Vice-President the ex officio Chairman of the Rajya Sabha. Under Article 66 the Vice-President is elected by all members of both Houses of Parliament, elected and nominated, but not by state legislators, through proportional representation by single transferable vote. A candidate must be a citizen, at least 35 and qualified for election to the Rajya Sabha, and needs 20 proposers and 20 seconders. The term is 5 years; the Vice-President takes oath before the President and resigns to the President. Removal under Article 67(b) needs a Rajya Sabha resolution passed by a majority of all its then members and agreed to by the Lok Sabha, after 14 days' notice; no ground is specified. Dr S. Radhakrishnan was the first Vice-President.
Key facts
- Electoral college for President: elected MPs, elected MLAs of states, and elected MLAs of Delhi and Puducherry (70th Amendment 1992); nominated members and MLCs excluded.
- Electoral college for Vice-President: all MPs of both Houses, elected and nominated; no state legislators; the 11th Amendment (1961) replaced election at a joint meeting with this electoral college.
- Oath: the President takes it before the Chief Justice of India, the Vice-President before the President; the President resigns to the Vice-President, the Vice-President to the President.
- Impeachment (Article 61): only ground violation of the Constitution; 14 days' notice signed by one-fourth of the House; two-thirds of total membership in each House.
- Ordinance (Article 123): only when a House is not in session; lapses 6 weeks after Parliament reassembles; maximum life 6 months and 6 weeks; cannot amend the Constitution.
- Five forms of clemency under Article 72: pardon, commutation, remission, respite, reprieve; only the President can grant clemency for court-martial sentences.
- Vetoes: absolute, suspensive, pocket (Zail Singh, 1986, Indian Post Office Bill); no qualified veto; no veto on constitutional amendment bills (24th Amendment).
- Presidential vacancy filled within 6 months; Chief Justice M. Hidayatullah acted as President in 1969 when both offices were vacant.
- Vice-President removal (Article 67b): Rajya Sabha resolution by majority of all members, agreed by the Lok Sabha, 14 days' notice; no ground needed.
- The President is the first citizen of India and the supreme commander of the defence forces; executive power of the Union is vested in the President by Article 53.
Quick revision
Arts 52-62 President, 63-71 Vice-President; President elected by elected MPs and MLAs (incl. Delhi, Puducherry) by single transferable vote; age 35; 5-year term; oath by CJI; impeachment Art 61 for violation of Constitution, two-thirds of total membership; ordinance Art 123; pardon Art 72; absolute, suspensive and pocket veto; VP ex officio Rajya Sabha Chairman, elected by all MPs, removed under Art 67(b); election disputes to Supreme Court (Art 71).