Union Government
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President | Vice-President | Prime Minister & Council of Ministers | Parliament | Parliamentary Committees
3.1 President of India
Constitutional Basis
Part V, Chapter I, primarily Articles 52–62, with related powers scattered across Articles 72, 74, 75, 111, 123, and Articles 352–360 (emergency).
Election (Article 54–55)
- Elected by an electoral college consisting of:
- Elected members of both Houses of Parliament (Lok Sabha + Rajya Sabha)
- Elected members of the Legislative Assemblies of States, including NCT of Delhi and Puducherry (added by the 70th Amendment Act, 1992)
- Nominated members of Parliament/State Assemblies do NOT participate in the President's election.
- Members of Legislative Councils (in bicameral states) also do NOT participate.
- Election method: Proportional representation by means of the single transferable vote, voting by secret ballot (Article 55(3)).
- Value of vote of an MLA and MP is calculated using specific formulas based on state population and total legislator numbers, so as to ensure uniformity between states and parity between Parliament and state legislatures as a whole.
Qualifications (Article 58)
- Citizen of India
- Completed 35 years of age
- Qualified for election as a member of the Lok Sabha
- Must not hold any office of profit under the Government of India, State Government, or local/other authority
Term, Oath, Resignation, Impeachment
- Term: 5 years (Article 56); eligible for re-election (Article 57) — no limit on number of terms.
- Oath: Administered by the Chief Justice of India (or senior-most SC judge in CJI's absence) under Article 60.
- Resignation: Addressed to the Vice-President, who informs the Speaker of Lok Sabha.
- Impeachment (Article 61): For "violation of the Constitution" (undefined in the Constitution). Charges can be initiated in either House of Parliament; resolution must be signed by at least 1/4th of that House's total membership, with 14 days' advance notice to the President. Must be passed by each House with a special majority (2/3rd of total membership of that House). Note: No President of India has ever been impeached.
- Vacancy: Filled within 6 months (Article 62); the newly elected President serves a fresh full 5-year term.
Powers of the President
| Category | Key Powers |
|---|---|
| Executive | Appoints PM and other ministers (on PM's advice), Governors, CJI and SC/HC judges, Attorney General, CAG, Election Commissioners, UPSC Chairman/members, Finance Commission members |
| Legislative | Summons/prorogues Parliament, dissolves Lok Sabha (Art. 85); addresses Parliament (Art. 87); gives assent to bills (Art. 111) — can give assent, withhold assent, or return for reconsideration (except Money Bills, which cannot be returned) |
| Ordinance-making | Article 123 — can promulgate ordinances when Parliament is not in session; ordinance has the same force as an Act of Parliament but must be approved by Parliament within 6 weeks of reassembly, or it lapses |
| Financial | Money Bills introduced only with President's prior recommendation; causes the Union Budget to be laid before Parliament; National Contingency Fund under Presidential control |
| Judicial | Article 72 — power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend/remit/commute sentences, including in death sentence cases and court-martial cases |
| Emergency | Can declare National Emergency (Art. 352), President's Rule in states (Art. 356), and Financial Emergency (Art. 360) |
| Military | Supreme Commander of the Defence Forces (Art. 53) |
Common Traps
- The President's veto power on ordinary bills: absolute veto (withhold assent entirely — rarely used), suspensive veto (return for reconsideration — Parliament can override by passing again, and then President must assent), and pocket veto (neither assent nor reject nor return — Constitution sets no time limit for the President to act on an ordinary bill, famously used by President Zail Singh on the Indian Post Office (Amendment) Bill, 1986).
- The President has NO veto power over a Constitutional Amendment Bill passed under Article 368 — must give assent.
- Article 72 (President's pardoning power) vs Article 161 (Governor's pardoning power): the President's power under Article 72 is wider — it extends to death sentences and court-martial cases, which the Governor's power under Article 161 does not cover.
3.2 Vice-President of India
Constitutional Basis: Articles 63–71
- Article 63: There shall be a Vice-President of India.
- Article 64: The Vice-President is the ex-officio Chairman of the Rajya Sabha (Council of States).
- Election: By members of an electoral college consisting of members of both Houses of Parliament (unlike the President's election, state legislatures do NOT participate) — via proportional representation by single transferable vote, secret ballot.
- Qualifications (Article 66): Citizen of India, completed 35 years of age, qualified for election as a member of the Rajya Sabha, not holding any office of profit.
- Term: 5 years; eligible for re-election.
- Removal: By a resolution of the Rajya Sabha passed by an effective majority (majority of all the then-effective members) and agreed to by the Lok Sabha (simple majority) — Note: no impeachment process like the President; and unlike presidential impeachment, no prior 14-day notice requirement is specified.
- Acts as President when a vacancy occurs due to death, resignation, removal, or otherwise, until a new President is elected (max 6 months) — but only performs the President's duties for a maximum of 6 months, or until a new President enters office, whichever is earlier.
Common Traps
- Vice-President's removal involves only Parliament (no state legislature role), unlike the President's election (which involves state assemblies) and impeachment (which follows a different, more elaborate procedure with a formal 1/4th-initiation and 2/3rd-passage requirement).
3.3 Prime Minister and Council of Ministers
Constitutional Basis: Articles 74–75
- Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice (made explicitly binding by the 42nd Amendment, 1976; the 44th Amendment, 1978 added a proviso allowing the President to require the Council to reconsider such advice once, but must act according to the advice tendered after reconsideration).
- Article 75:
- PM appointed by the President; other ministers appointed by the President on the advice of the PM.
- Ministers hold office during the pleasure of the President (in practice, as long as they enjoy the confidence of the Lok Sabha/PM).
- The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).
- A minister who is not a member of either House of Parliament for 6 consecutive months ceases to be a minister (inserted context: must become a member within 6 months of appointment).
- Salaries/allowances of ministers are determined by Parliament by law.
- 91st Amendment Act, 2003: Limited the total number of ministers (including PM) in the Union Council of Ministers to 15% of the total strength of the Lok Sabha.
Categories of Ministers
- Cabinet Ministers — head important ministries, members of the Cabinet, participate in Cabinet decision-making.
- Ministers of State (Independent Charge) — head smaller ministries independently, do not attend Cabinet meetings unless invited.
- Ministers of State — attached to Cabinet Ministers, assist them.
- Deputy Ministers — assist Cabinet/State Ministers, no independent charge.
Common Traps
- Collective responsibility (Article 75(3)) is to the Lok Sabha only, not to the Rajya Sabha or the President.
- Individual ministers are responsible to the President in theory ("pleasure doctrine") but in practice function under the PM's authority and the convention of collective responsibility.
- A person who is not a member of Parliament can be appointed as a minister, but must get elected/nominated to either House within 6 months, or cease to be a minister.
3.4 Parliament: Lok Sabha and Rajya Sabha
Constitutional Basis: Articles 79–122 (Part V, Chapter II)
Article 79: Parliament consists of the President and two Houses — Lok Sabha (House of the People) and Rajya Sabha (Council of States).
Lok Sabha
| Feature | Detail |
|---|---|
| Constitutional basis | Article 81 (composition) |
| Maximum strength (as per Article 81, pre-104th Amendment) | 552 (530 states + 20 UTs + 2 nominated Anglo-Indian) |
| Current effective strength | 543 (530 from states + 13 from UTs); Anglo-Indian nomination abolished by the 104th Amendment Act, 2019 (effective 25 January 2020) |
| Term | 5 years from date of first sitting after general election (Article 83); can be dissolved earlier by the President; can be extended during a National Emergency by law, for one year at a time (not beyond 6 months after Emergency ends) |
| Qualification (Article 84) | Citizen of India, minimum 25 years of age, qualified as per any other law made by Parliament |
| Presiding Officer | Speaker (elected by the House) and Deputy Speaker |
| Quorum | 1/10th of total membership |
| SC/ST reservation | 84 seats reserved for SC, 47 for ST (reservation currently extended, per the 104th Amendment, until 2030) |
Rajya Sabha
| Feature | Detail |
|---|---|
| Constitutional basis | Article 80 (composition) |
| Maximum strength (Article 80) | 250 |
| Current strength | 245 (233 elected representatives of states/UTs + 12 nominated by the President for their special knowledge/experience in literature, science, art, and social service) |
| Term | Permanent body — not subject to dissolution; 1/3rd of members retire every 2 years (staggered terms of 6 years each) |
| Qualification (Article 84) | Citizen of India, minimum 30 years of age |
| Presiding Officer | Vice-President of India (ex-officio Chairman) and a Deputy Chairman elected from among its members |
| Election method | Members representing states elected by elected members of State Legislative Assemblies via proportional representation by single transferable vote |
Key Constitutional Provisions on Parliament
- Article 105: Powers, privileges, and immunities of Parliament and its members (freedom of speech in Parliament; immunity from court proceedings for anything said/vote given in Parliament).
- Article 107–111: Legislative procedure — how ordinary bills are passed, President's assent.
- Article 108: Joint sitting of both Houses in case of deadlock over an ordinary bill (presided over by the Speaker of Lok Sabha); note — no provision for joint sitting on a Constitutional Amendment Bill or a Money Bill.
- Article 109: Special procedure for Money Bills — can be introduced only in the Lok Sabha, with prior Presidential recommendation; Rajya Sabha can only recommend changes within 14 days, which the Lok Sabha may accept or reject; no joint sitting applicable to Money Bills.
- Article 110: Defines what constitutes a "Money Bill"; the Speaker of Lok Sabha's decision on whether a bill is a Money Bill is final.
- Article 112: Annual Financial Statement (Union Budget) to be laid before both Houses.
Common Traps
- Rajya Sabha CANNOT be dissolved — it's a permanent/continuing body (unlike Lok Sabha).
- Money Bills: Rajya Sabha has only a recommendatory role (14 days), and there is no joint sitting mechanism for Money Bills (unlike ordinary bills under Article 108).
- Constitutional Amendment Bills (Article 368) also have no joint sitting provision — must be passed separately by each House with special majority.
- Minimum age: 25 for Lok Sabha, 30 for Rajya Sabha — a very frequently tested number pair.
3.5 Parliamentary Committees
Concept
Parliamentary business is too vast for the whole House to examine in detail — committees allow focused, expert scrutiny. Broadly divided into Standing Committees (permanent, reconstituted periodically) and Ad-hoc Committees (temporary, dissolved once their task is complete).
Key Financial Standing Committees
| Committee | Key Facts |
|---|---|
| Public Accounts Committee (PAC) | Examines the CAG's reports on government spending (i.e., examines whether money was spent as per Parliament's authorization); 22 members (15 from Lok Sabha, 7 from Rajya Sabha); Chairman conventionally from the Opposition since 1967; does not include ministers |
| Estimates Committee | Examines budget estimates for economy/efficiency; suggests alternative policies; only Lok Sabha members (30 members); no Rajya Sabha representation |
| Committee on Public Undertakings | Examines reports/accounts of Public Sector Undertakings (PSUs); 22 members (15 Lok Sabha, 7 Rajya Sabha) |
Departmentally Related Standing Committees (DRSCs)
- Introduced in 1993, restructured over time; 24 DRSCs currently cover all ministries/departments, examining bills, budgets ("demand for grants"), and policies related to specific ministries.
- Members drawn from both Houses.
Other Notable Committees
- Business Advisory Committee: Regulates the timetable of the House.
- Committee on Privileges: Examines cases involving breach of parliamentary privilege.
- Rules Committee: Considers matters of procedure and conduct of business.
Common Traps
- The Estimates Committee is Lok-Sabha-only, while PAC and Committee on Public Undertakings have members from both Houses.
- PAC's Chairman is conventionally from the Opposition — a well-established parliamentary convention (not a constitutional/statutory rule) since 1967.
- Parliamentary Committees are not mentioned by name in the Constitution — they exist by virtue of rules of procedure made by each House under Articles 118 (Rules of Procedure) — a commonly tested nuance.
Additional Depth: Attorney General and Key Parliamentary Devices
Attorney General of India (Article 76)
- The highest law officer of the country, appointed by the President; must have the qualifications of a Supreme Court judge.
- Not a member of the Council of Ministers, and not a government employee in the ordinary sense — has the right to speak in and take part in the proceedings of either House of Parliament (or any Parliamentary committee), but cannot vote.
- Duties: gives legal advice to the Government of India; appears on behalf of the Government in the Supreme Court/High Courts in cases of importance.
- Holds office during the pleasure of the President — no fixed term specified in the Constitution.
Key Parliamentary Devices and Procedures
| Device | Purpose |
|---|---|
| Question Hour | First hour of a sitting; MPs ask questions (starred — oral answer + supplementary; unstarred — written answer only) to hold the executive accountable |
| Zero Hour | An Indian parliamentary innovation (not found in the Constitution or Rules of Procedure — evolved through practice); immediately follows Question Hour; MPs raise urgent matters without prior notice |
| No-Confidence Motion | Moved in the Lok Sabha only (needs support of at least 50 members to be admitted); if passed, the Council of Ministers must resign — flows from the principle of collective responsibility (Article 75(3)) |
| Adjournment Motion | To draw attention to an urgent matter of public importance; involves an element of censure against the government, so admitted only in the Lok Sabha |
| Calling Attention Motion | An Indian innovation (not in Rules originally, evolved by practice) — used by an MP to call a minister's attention to a matter of urgent public importance |
| Cut Motions | Moved during budget discussions to reduce a demand for grants — three types: Policy Cut, Economy Cut, Token Cut |
Common Traps (Additional)
- The Attorney General cannot vote in Parliament despite having the right to speak and participate in proceedings — a frequently tested nuance.
- No-Confidence Motion and Adjournment Motion can be moved only in the Lok Sabha, not the Rajya Sabha — since the Council of Ministers is collectively responsible only to the Lok Sabha.
- Zero Hour and Calling Attention Motion are NOT mentioned in the Constitution or original Rules of Procedure — both are Indian parliamentary innovations that evolved through practice/convention, unlike Question Hour, which is a formally established part of Rules of Procedure.
Solved Example (UPSC Prelims-Format MCQ)
Q1. Consider the following statements regarding the election of the President of India:
- Nominated members of the Rajya Sabha participate in the President's election.
- Elected members of the Legislative Assembly of the National Capital Territory of Delhi participate in the President's election.
- Members of State Legislative Councils participate in the President's election.
Which of the statements given above is/are correct? (a) 2 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3
Answer: (a) 2 only — Nominated members (Statement 1) do NOT participate; elected members of NCT Delhi and Puducherry DO participate (since the 70th Amendment, 1992) (Statement 2 correct); Legislative Council members (Statement 3) do NOT participate — only members of the Legislative Assembly do.
Q2. Which of the following statements about Money Bills is/are correct?
- A Money Bill can be introduced only in the Lok Sabha.
- The Rajya Sabha can amend a Money Bill.
- The Speaker's decision on whether a bill is a Money Bill is final.
(a) 1 and 3 only (b) 2 only (c) 1, 2 and 3 (d) 1 only Answer: (a) — Statement 2 is incorrect; Rajya Sabha can only recommend changes, not amend directly; the Lok Sabha may accept or reject those recommendations.
Practice Set (Exam-Format MCQs)
Q1. The impeachment of the President of India can be initiated in: (a) Lok Sabha only (b) Rajya Sabha only (c) Either House of Parliament (d) A joint sitting of Parliament Answer: (c)
Q2. What is the minimum age required to become a member of the Rajya Sabha? (a) 25 years (b) 30 years (c) 35 years (d) 21 years Answer: (b)
Q3. Consider the following statements:
- The Vice-President is elected by an electoral college that includes members of State Legislative Assemblies.
- The Vice-President can be removed by a resolution passed by the Rajya Sabha and agreed to by the Lok Sabha.
Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (b) — Statement 1 is incorrect; only members of both Houses of Parliament participate in the Vice-President's election; state legislatures are NOT involved (unlike the President's election).
Q4. Under which Article does the President exercise the power to promulgate ordinances? (a) Article 72 (b) Article 111 (c) Article 123 (d) Article 356 Answer: (c)
Q5. The 91st Constitutional Amendment Act, 2003, is associated with which of the following? (a) Reservation for SC/ST in Lok Sabha (b) Limiting the size of the Council of Ministers to 15% of Lok Sabha strength (c) Removal of Anglo-Indian nomination (d) Uniform Civil Code Answer: (b)
Q6. Which parliamentary committee examines the reports of the Comptroller and Auditor General (CAG)? (a) Estimates Committee (b) Committee on Public Undertakings (c) Public Accounts Committee (d) Business Advisory Committee Answer: (c)
Q7. The Attorney General of India is appointed under which Article? (a) Article 74 (b) Article 75 (c) Article 76 (d) Article 78 Answer: (c)
Q8. A No-Confidence Motion against the Council of Ministers can be moved in: (a) Lok Sabha only (b) Rajya Sabha only (c) Either House (d) A joint sitting only Answer: (a)
Q9. Which of the following is an Indian parliamentary innovation NOT explicitly provided for in the original Rules of Procedure, having evolved through practice? (a) Question Hour (b) Zero Hour (c) No-Confidence Motion (d) Cut Motion Answer: (b)
Q10. How many members does the Public Accounts Committee (PAC) typically have? (a) 15 (b) 22 (c) 30 (d) 25 Answer: (b) — 15 from Lok Sabha + 7 from Rajya Sabha.
Q11. Consider the following statements about the Vice-President of India:
- The Vice-President must be qualified for election as a member of the Rajya Sabha.
- The Vice-President can simultaneously hold a seat in Parliament while serving as Vice-President.
- The Vice-President's removal requires a resolution passed by the Rajya Sabha and agreed to by the Lok Sabha.
Which of the statements given above is/are correct? (a) 1 and 3 only (b) 2 and 3 only (c) 1 only (d) 1, 2 and 3 Answer: (a) — Statement 2 is incorrect; like the President, the Vice-President cannot simultaneously be a member of either House of Parliament — if a sitting MP is elected VP, their parliamentary seat is deemed vacated.
Q12. Under Article 75, ministers who are not members of Parliament at the time of appointment must become members of either House within how many months, or cease to hold office? (a) 3 months (b) 6 months (c) 9 months (d) 12 months Answer: (b)
Q13. Which of the following bills CANNOT be subject to a joint sitting of Parliament under Article 108? (a) An ordinary bill (b) A Constitutional Amendment Bill (c) A bill relating to agriculture (d) A private member's bill Answer: (b) — Money Bills also cannot be subject to joint sitting, but among the options, the Constitutional Amendment Bill is the clearest correct answer.
Q14. The power to decide whether a particular bill is a Money Bill rests with: (a) The President (b) The Chairman of the Rajya Sabha (c) The Speaker of the Lok Sabha (d) The Union Finance Minister Answer: (c)
Q15. What is the maximum period for which an ordinance promulgated by the President under Article 123 can remain in force after Parliament reassembles, without being approved? (a) 2 weeks (b) 4 weeks (c) 6 weeks (d) 6 months Answer: (c)
Q16. Consider the following statements regarding the President's veto powers:
- The President has an absolute veto over ordinary bills.
- The President has a pocket veto, as no time limit is specified for acting on an ordinary bill.
- The President has a veto over Constitutional Amendment Bills.
Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (c) 1, 2 and 3 (d) 3 only Answer: (a) — Statement 3 is incorrect; the President has NO veto power over a duly passed Constitutional Amendment Bill (assent is mandatory, per the 24th Amendment, 1971).
Q17. Which category of minister does NOT attend Cabinet meetings unless specially invited? (a) Cabinet Minister (b) Minister of State (Independent Charge) (c) Deputy Minister (d) Both (b) and (c) Answer: (d)
Q18. The 91st Constitutional Amendment Act, 2003, prescribes a minimum number of ministers in a state's Council of Ministers as: (a) 10 (b) 12 (c) 15 (d) 18 Answer: (b)
Q19. Departmentally Related Standing Committees (DRSCs) in Parliament were introduced in which year? (a) 1983 (b) 1993 (c) 2003 (d) 1976 Answer: (b)
Q20. Consider the following statements:
- The Rajya Sabha can be dissolved by the President in exceptional circumstances.
- One-third of Rajya Sabha members retire every two years.
- The Vice-President is the ex-officio Chairman of the Rajya Sabha.
Which of the statements given above is/are correct? (a) 2 and 3 only (b) 1 and 3 only (c) 1 and 2 only (d) 1, 2 and 3 Answer: (a) — Statement 1 is incorrect; the Rajya Sabha is a permanent body and cannot be dissolved under any circumstances.
Q21. Which of the following writs/motions involves an element of censuring the government and can be moved only in the Lok Sabha? (a) Calling Attention Motion (b) Adjournment Motion (c) Cut Motion (d) Zero Hour discussion Answer: (b)
Q22. Bills relating to which of the following subjects require the President's prior recommendation before introduction in Parliament? (a) Any bill affecting fundamental rights (b) Money Bills (c) Bills relating to foreign affairs (d) Bills relating to defence Answer: (b)
Chapter 3 Quick Revision Sheet
- President: Elected via electoral college (MPs + MLAs, including Delhi/Puducherry; NOT nominated members or MLCs); 5-year term; impeachment under Article 61 (special majority in both Houses); ordinance power under Article 123; pardoning power under Article 72 (wider than Governor's Article 161).
- Vice-President: Elected by MPs only (no state role); ex-officio Rajya Sabha Chairman; removed by Rajya Sabha resolution + Lok Sabha concurrence (no formal impeachment).
- PM & Council of Ministers: Article 74–75; collectively responsible to Lok Sabha only; President bound by "aid and advice" (post-42nd/44th Amendments); Council size capped at 15% of Lok Sabha (91st Amendment, 2003).
- Parliament: Lok Sabha = 543 (min. age 25, 5-year term, dissolvable); Rajya Sabha = 245 (min. age 30, permanent body, 1/3rd retire every 2 years); Money Bills — Lok Sabha exclusive, no joint sitting; ordinary bills — joint sitting possible (Art. 108); Constitutional Amendment Bills — no joint sitting.
- Parliamentary Committees: PAC (both Houses, Opposition-chaired convention) and Committee on Public Undertakings (both Houses) vs Estimates Committee (Lok Sabha only); committees exist via House Rules, not named in the Constitution itself.