The President and the Vice-President

The executive of the Union consists of the President, the Vice-President, the Prime Minister and the Council of Ministers, and the Attorney General. The President is the head of the State and the first citizen of India. All executive action of the Union is taken in the President's name.

Election of the President

The President is not elected directly by the people. Under Article 54, the President is chosen by an electoral college made up of the elected members of both houses of Parliament and the elected members of the legislative assemblies of the states and of the union territories of Delhi and Puducherry. Nominated members do not vote. The election uses proportional representation by the single transferable vote, with a secret ballot, and the value of each vote is worked out so that the states and the Union have equal weight.

Qualifications and term

• A candidate must be a citizen of India, at least 35 years old, and qualified to be a member of the Lok Sabha. He or she must not hold an office of profit.
• The term is five years (Article 56). A President can be re-elected.
• The oath is administered by the Chief Justice of India (Article 60).
• The President may resign by writing to the Vice-President.

Impeachment

The President can be removed only for violation of the Constitution, by a process called impeachment (Article 61). The charge may be started in either house, on a notice signed by one-fourth of its members, and must be passed by two-thirds of its total membership. The other house then investigates. If it too passes the resolution by a two-thirds majority of its total membership, the President stands removed. No President of India has been impeached.

Powers of the President

• Executive: appoints the Prime Minister and, on the Prime Minister's advice, the other ministers; appoints Governors, judges of the Supreme Court and High Courts, the Attorney General, the Comptroller and Auditor General, the Election Commissioners and other high officers. The President is the supreme commander of the defence forces.
• Legislative: summons and prorogues Parliament and can dissolve the Lok Sabha; addresses Parliament; nominates 12 members to the Rajya Sabha. A bill becomes law only with the President's assent. When Parliament is not in session, the President can issue ordinances (Article 123), which have the force of law for a limited time.
• Financial: a money bill can be introduced only on the President's recommendation; the President causes the budget to be laid before Parliament and appoints the Finance Commission.
• Judicial: under Article 72, the President can grant pardons and reduce or suspend sentences, including sentences of death.
• Emergency: can proclaim the three kinds of emergency described in Part XVIII.

A constitutional head

These powers are wide on paper, but India has a parliamentary system. Under Article 74, the President acts on the aid and advice of the Council of Ministers headed by the Prime Minister. The President may ask the Council to reconsider its advice once, but must act on the advice given after that. The President is therefore a nominal or constitutional head, somewhat like the monarch in Britain, while real power lies with the elected government.

The Vice-President

The Vice-President (Article 63) holds the second highest office. He or she is elected by an electoral college of the members of both houses of Parliament, including nominated members. A candidate must be a citizen, at least 35 years old and qualified to be a member of the Rajya Sabha. The term is five years.

The Vice-President is the ex-officio Chairman of the Rajya Sabha (Article 64). When the office of President falls vacant through death, resignation or removal, the Vice-President acts as President until a new President is elected, which must happen within six months.