Vice-President of India

The post of Vice-President of India is modelled on the lines of American Vice-

President. In India, Vice-President has the second-highest office in the country.
Article 63 of the Indian Constitution mentions the post of Vice-President.

How the Vice President is elected in India?

There is no direct election for the Vice-President of India however, he/she is
indirectly elected by an Electoral College. The election process is quite similar to
that of the President of India but the electoral college that elects President is
different from the electoral college responsible for the election of Vice-
President of India.

The difference between the electoral college that elects President and the one
electing Vice-President of India is given below:

1. In electoral college for Vice President, both elected and nominated

members of both the Houses of Parliament take part. In presidential
elections, nominated members are not a part of the electoral college.

Who can be a Vice President of India?

An Indian citizen can qualify for the post of Vice President if he is 35 years old or
more. Another qualification for a candidate to run for vice-presidential elections
is to be qualified to be elected as Rajya Sabha member. Read in detail about
the Rajya Sabha on the linked page. An office of profit cannot be held by the Vice
President of India. The qualifications of this post are on the same lines of
Presidential qualifications.

Who participates in Vice President election?

An electoral college comprising below-given categories of people elect the Vice
President. The mode of election hence is termed as ‘indirect election’. The
principle of election used is Proportional Representation by means of Single
Transferrable Vote.

1. Elected members of both Lok Sabha and Rajya Sabha. To know more
about Lok Sabha, visit the given link.
2. Nominated members of both Lok Sabha and Rajya Sabha.
Who is qualified to become Vice President of India?
An Indian Citizen who has completed 35 years of age is qualified to become the
Vice-President of India given, he is also qualified to be a Rajya Sabha member.
However, he should not be a member of either Lok Sabha or Rajya Sabha and if
he is elected as Vice President when he has a seat in either of the house, he is
deemed to have vacated that seat on his first day in the office. He also is not
allowed to hold any office of profit under union government, state government,
public authority and local authority.

What is the term of office of Vice President?

From the date, he enters his office, Vice President holds the position for five
years. However, he can resign before five years by handing over his resignation
to the President. The other ways where a vacancy is created in the office of Vice
President are given below:

• When he completes his term of five years

• When he resigns
• When he is removed
• On his death
• When his election is declared void

Is Vice President also impeached as President of India?

No, unlike President of India who can be impeached formally; there is no formal
impeachment for Vice President. Rajya Sabha simply can pass a resolution with
a majority and Lok Sabha can pass it. Also, unlike President of India who can be
impeached on the ground of ‘Violation of Constitution,’ there is no ground
mentioned in the constitution for the removal of Vice President of India.

Powers and Functions of Vice President

The functions of Vice-President are two-fold:

1. He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his

powers and functions are similar to those of the Speaker of Lok Sabha. In this
respect, he resembles the American vice-president, who also acts as the
Chairman of the Senate – the Upper House of the American legislature.
2. He acts as President when a vacancy occurs in the office of the President due
to his resignation, removal, death or otherwise. He can act as President only
for a maximum period of six months, within which a new President has to be
elected. Further, when the sitting President is unable to discharge his
functions due to absence, illness or any other cause, the Vice-President
discharges his functions until the President resumes his office.
3. The election of a person as Vice-President cannot be challenged on the
ground that the electoral college was incomplete (i.e., existence of any
vacancy among the members of the electoral college).
4. If the election of a person as Vice-President is declared void by the Supreme
Court, acts done by him before the date of such declaration of the Supreme
Court are not invalidated (i.e., they continue to remain in force).

President of India
The Indian President is the head of the state and he is also called the first citizen
of India. He is a part of Union Executive, provisions of which are dealt with Article
52-78 including articles related to President (Article 52-62). Under these articles,
information on how a President is elected, his powers and functions, and also
his impeachment process is given.

Who is President of India?

The Indian President is the head of the state. He is the first citizen of India and
is a symbol of solidarity, unity, and integrity of the nation. He is a part of Union
Executive along with the Vice-President, Prime Minister, Council of Ministers,
and Attorney-General of India.

How is President elected?

There is no direct election for the Indian President. An electoral college elects
him. The electoral college responsible for President’s elections
comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry
Who does not take part in the President’s elections?
The following group of people is not involved in electing the President of India:

1. Nominated Members of Rajya Sabha (12)

2. Nominated Members of State Legislative Assemblies
3. Members of Legislative Councils (Both elected and nominated) in
bicameral legislatures
4. Nominated Members of union territories of Delhi and Puducherry

What is the term of the President’s office?

Once President is elected, he holds office for five years. He sits in the office even
after the completion of five years given no new election has taken place or no
new President has been elected till then. He can also be re-elected and there is
no cap on his re-election.

What are the qualifications of the President?

A candidate has to meet some qualifications to be elected as the president.
Those qualifications of the President are:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok Sabha
4. He should not hold any office of profit under the central government, state
government, or any public authority

What are the conditions of the President’s office?

There are a few conditions for the candidate running for the President’s
elections:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a

member of either of the house, he should vacate the seat on his first day as
President in the office
2. He should not hold any office of profit
3. For his residence, Rashtrapati Bhavan is provided to him without the payment
of rent
4. Parliament decides his emoluments, allowances and privileges
5. Parliament cannot diminish his emoluments and allowances during his term
of office
6. He is given immunity from any criminal proceedings, even in respect of his
personal acts
7. Arrest or imprisonment of the President cannot take place. Only civil
proceedings can be initiated for his personal acts that too after giving two
months’ of prior notice.

What is the procedure for impeachment of a President?

The only condition for the initiation of impeachment of the Indian president is
the ‘violation of the constitution.’

The impeachment process of President is given below. (We have taken Lok
Sabha as the first house to initiate the impeachment charges, however, Rajya
Sabha too can initiate the impeachment charges against President and in that
case, it will pass the resolution and send the charges to Lok Sabha which will
investigate and pass it if it finds those charges valid.)

Can the President’s office be vacant?

Yes, his office can be vacant in the following ways:

1. When the President of India completes his term of five years in the office
2. If the President resigns by putting forward his resignation to the Vice-
President of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand
valid, he is removed
4. If he dies in the office
5. If the Supreme Court declares his election invalid

What are the powers and functions of the President of India?

Executive Powers of President

1. For every executive action that the Indian government takes, is to be taken in
his name
2. He may/may not make rules to simplify the transaction of business of the
central government
3. He appoints the attorney general of India and determines his remuneration
4. He appoints the following people:
1. Comptroller and Auditor General of India (CAG)
2. Chief Election Commissioner and other Election Commissioners
3. Chairman and members of the Union Public Service Commission
4. State Governors
5. Finance Commission of India chairman and members
5. He seeks administrative information from the Union government
6. He requires PM to submit, for consideration of the council of ministers, any
matter on which a decision has been taken by a minister but, which has not
been considered by the council
7. He appoints National Commissions of:
1. Scheduled Castes
2. Scheduled Tribes
3. Other Backward Classes
8. He appoints inter-state council
9. He appoints administrators of union territories
10.He can declare any area as a scheduled area and has powers with respect to
the administration of scheduled areas and tribal areas

Legislative Powers of President

1. He summons or prorogues Parliament and dissolve the Lok Sabha

2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of
deadlock
3. He addresses the Indian Parliament at the commencement of the first
session after every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy
chairman of Rajya Sabha when the seats fall vacant
5. He nominates 12 members of the Rajya Sabha
6. He can nominate two members to the Lok Sabha from the Anglo-Indian
Community
7. He consults the Election Commission of India on questions of
disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of bills
 9. He promulgates ordinances
10.He lays the following reports before the Parliament:
1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are

on him
2. He takes advice from the Supreme Court, however, the advice is not
binding on him
3. He has pardoning power: Under article 72, he has been conferred with
power to grant pardon against punishment for an offence against union
law, punishment by a martial court, or death sentence.
Note: Pardoning powers of the president includes the following types:

• Pardon with the grant of pardon convicts both conviction and sentence
completely absolved
• Commutation with this nature of the punishment of the convict can be
changed
• Remission reduces the term of the imprisonment
• Respite awards lesser punishment than original punishment by looking at
the special condition of a convict
• Reprieve stays the execution of the awarded sentence for a temporary
period
Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament

are negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy
3. Chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)

2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)

What is the Ordinance Making Power of the President?

Article 123 deals with the ordinance making power of the President. The
President has many legislative powers and this power is one of them. He
promulgates an ordinance on the recommendation of the union cabinet.

What is the Veto Power of the President?

When a bill is introduced in the Parliament, Parliament can pass the bill and
before the bill becomes an act, it has to be presented to the Indian President for
his approval. It is on the President of India to either reject the bill, return the bill
or withhold his assent to the bill. The choice of the President over the bill is
called his veto power. The Veto Power of the President of India is guided by
Article 111 of the Indian Constitution.
 Prime Minister of India
Article 75 of the Indian Constitution mentions that a Prime Minister is one who
is appointed by the President. There is no specific procedure for his election or
appointment. Article 74(1) states that there shall be a Council of Ministers with
a Prime Minister at the head to aid and advise the President. Thus, the Indian
Constitution itself recognizes a Council of Ministers.

Is Prime Minister of India elected or appointed?

President of India appoints a person as the Prime Minister who is either the
leader of the party which holds a majority of seats in the Lok Sabha or is a person
who is able to win the confidence of the Lok Sabha by gaining the support of
other political parties. All other ministers are appointed by the President on the
advice of the Prime Minister.

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He
performs his functions taking responsibilities as:

• The leader of Country: The Prime Minister of India is the Head of the
Government of India.
• Portfolio allocation: The Prime Minister has the authority to assign portfolios
to the Ministers.
• Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet
and presides the meetings of the Cabinet. He can impose his decision if there
is a crucial opinion difference among the members.
• Official Representative of the country: Prime minister represents the
country for high-level international meetings
• The link between the President and the Cabinet: The Prime Minister acts as
the link between President and cabinet. He communicates all decisions of the
Cabinet to the President which is related to the administration of the affairs
of the Union and proposals for legislation.
• Head: The Prime Minister is the head of Nuclear Command Authority, NITI
Aayog, Appointments Committee of the Cabinet, Department of Atomic
Energy, Department of Space and Ministry of Personnel, Public Grievances
and Pensions.
• Chief Advisor: He acts as the chief advisor to the President
 Who is eligible to be a Prime Minister?
To become an Indian prime minister, one has to be:
• A citizen of India.
• A member of either Rajya Sabha or Lok Sabha
• He should have completed his 30 years if he is a member of the Rajya
Sabha or can be 25 years of age if he is a member of the Lok Sabha

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the
Prime Minister is treated at a much higher pedestal. His preeminence rests on
his commanding position in the Cabinet, coupled with fact that he is the leader
of the majority party.

All these positions of power when combined in one person make him rank much
above an ordinary Minister. The death or resignation of the Prime Minister
automatically brings about the dissolution of the Council of Ministers. It
generates a vacuum. The demise, resignation or dismissal of a Minister creates
only a vacancy which the Prime Minister may or may not like to fill. The
Government cannot function without a Prime Minister but the absence of a
Minister can be easily compensated.

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship
both Prime Minister and the President share with each other. The articles are:

Articles Relationship between Prime Minister and the President

74 Mentions how the Prime Minister and President are both connected with the
council of ministers. The Council with PM as head advise President on various
issues.
75 Mentions three things:

• President appoints PM and other ministers are appointed by the President

on the advice of the PM.
• Ministers hold their office during the pleasure of the President.
• Council of Ministers is collectively responsible to the Lok Sabha.

78 PM communicates all decisions made by the council of members to the

President. President can also refer issues for the consideration of the council of
members.

Council of Ministers

Which articles in the Constitution deal with the Council of Ministers?

Two articles – Article 74 and Article 75 of the Indian Constitution deal with the
Council of Ministers. Where article 74 mentions that the council will be headed
by the Prime Minister of India and will aid and advise the President, article 75
mentions the following things:

• They are appointed by the President on the advice of Prime Minister

• They along with the Prime Minister of India form 15% of the total strength of
the lower house i.e. Lok Sabha. (The number cannot exceed 15%)
• 91st Amendment Act provided for the disqualification of the minister when
he stands disqualified as a member of Parliament.
• A Minister ceased to exist as one if he is not a member of either house of
Parliament for six consecutive months.
• Parliament decides the salary and allowances of the council of ministers.

Is the advice tendered by the Council of Ministers’ binding on the President?

Yes, the advice is binding on the President and this provision was introduced by
the 42nd Amendment Act 1976 and 44th Amendment Act 1978. The acts also
mentioned that the advice given by the council cannot be inquired into by any
court. Read about the 42nd Amendment Act and the 44th Amendment Act in
the linked articles given below:

• 42nd Amendment Act

• 44th Amendment Act
Collective Responsibility of the Council of Ministers
In England, the Cabinet system is based on conventions. The framers of our
Constitution considered it fit to incorporate the system in the Constitution. The
principle of collective responsibility finds a place in Art. 75(3) where it is stated
that the Council of Ministers shall be collectively responsible to the Lok Sabha.
In other words, this provision means that a Ministry which loses confidence in
the Lok Sabha is obliged to resign. The loss of confidence is expressed by
rejecting a Money Bill or Finance Bill or any other important policy measure or
by passing a motion of no-confidence or rejecting a motion expressing
confidence in the Ministry. When a Ministry loses the confidence of the Lok
Sabha the whole of the Ministry has to resign including those Ministers who are
from the Rajya Sabha. The Ministers fall and stand together. In certain cases, the
Ministry may advise the President to dissolve Lok Sabha and call for fresh
elections.

Types of Ministers
The Indian Constitution does not categorize ministers into ranks, however, in
practice seen in India, ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of the

Cabinet.
2. Minister of State with independent charge—He is a Minister of State who
does not work under a cabinet minister. When any matter concerning his
department is on the agenda of the Cabinet, he is invited to attend the
meeting.
3. Minister of State—He is a Minister who does not have independent charge
of any Department and works under a cabinet minister. The work to such
Minister is allotted by his cabinet minister.
4. Deputy Minister—He is a Minister who works under a cabinet minister or a
Minister of State with independent charge. His work is allotted by the
Minister under whom he is working.
 Fundamental Duties
The Fundamental Duties are an important part of Indian Constitution. The
duties prescribed, embody some of the highest ideals preached by our great
saints, philosophers, social reformers and political leaders. No Duties of the
Citizen were incorporated in the original constitution of India at the time of its
commencement in 1950.
The Fundamental Duties of citizens were added to the Constitution by the 42nd
Amendment in 1976, upon the recommendations of the Swaran Singh
Committee that was constituted by the government earlier that year. The
Fundamental Duties help to regulate the behaviour of the citizens and to bring
about excellence in all the spheres of the citizens.
Swaran Singh Committee on Fundamental Duty:

• It opined that in addition to enjoyment of certain rights by the

citizens they also have certain duties to perform as well. This
recommendation was accepted by the government
• A new section Part IVA was added and only one article was inserted
in it

Some recommendations of the committee which were not accepted include:

• Parliament may provide for any penalty for failure to adhere to

any FD
• No law imposing such penalty could be questioned in the court
• Duty to pay taxes should also be a fundamental duty of the
citizens

List of fundamental duties

1. To abide by the Constitution and respect its ideals and institutions,

the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national
struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon
to do so.
5. To promote harmony and the spirit of common brotherhood amongst
all people of India transcending religious, linguistic and regional or
 sectional diversities and to renounce practices derogatory to the
dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry
and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and
collective activity, so that the nation constantly rises to higher levels
of endeavour and achievement.
11. Subsequently, another duty was added by the 86th
Constitutional Amendment Act of 2002: for a parent or guardian to
provide opportunities for education of the child or ward between the
age of six and fourteen (It was added when under Article 21A Right
to education was made a FR).

The features of Fundamental duties are as follows:

• Both moral and civic duties have been laid down under the
fundamental duties
• Fundamental rights can be applied to foreigners also but
the fundamental duties are only restricted to the Indians citizens.
• The fundamental duties are not enforceable in nature. No legal
sanction can be enforced by the government in case of their
violation.
• These duties are also related to Hindu traditions or mythology like
paying respect to the country or promoting the spirit of brotherhood

Relevance of fundamental duties under Article 51A:

• They serve as a reminder to the citizens that while enjoying their rights,
they should also be conscious of duties they owe to their country, their
society and to their fellow citizens.
• They serve as a warning against the anti-national and antisocial
activities like burning the national flag, destroying public property and
so on.
• They serve as a source of inspiration for the citizens and promote
a sense of discipline and commitment among them.
• They create a feeling that the citizens are no mere spectators but active
participants in the realization of national goals.
• They are ideal in nature and lead the citizen in the right direction.
• They help the courts in examining and determining the constitutional
validity of a law.
• For instance, in 1992, the Supreme Court ruled that in determining the
constitutionality of any law, if a court finds that the law in question
seeks to give effect to a fundamental duty, it may consider such law to
be ‘reasonable’ in relation to Article 14 (equality before law) or Article
19 (six freedoms) and thus save such law from unconstitutionality.
• The importance of fundamental duties is that they define the moral
obligations of all citizens to help in the promotion of the spirit of
patriotism and to uphold the unity of India.
• Fundamental duties make citizen conscious of his social and citizenship
responsibilities and so shape the society in which all become solicitous
and considerate of the inalienable rights of our fellow citizens.

Criticism of Fundamental Duties:

• They are made non-justiciable in nature

• Important duties such tax-paying, family planning etc are not covered
• Vague and ambiguous provisions which are difficult to be understood
by a common man
• Superfluous provisions since they would generally be followed even
if they were not included
• Inclusion as an appendage to the constitution reduces the value and
intent behind FD

Conclusion:
Fundamental duties are the moral obligations of all citizens to help promote a
spirit of patriotism and to uphold the unity of India. The significance of
Fundamental Duties is not diminished by the fact that there is no punishment
prescribed for not following them. Fundamental Duties constitute the
conscience of our Constitution; they should be treated as constitutional values
that must be propagated by all citizens.