Which Articles deal with the President and Vice-President?

Articles 52 to 73 (Executive of the Union, Part V, Chapter I). The President is mentioned through to Article 78.

Article 52 — what does it state?

There shall be a President of India.

Article 53 — where is the executive power of the Union vested?

In the President. The President shall exercise it either DIRECTLY or through officers SUBORDINATE to him in accordance with the Constitution.

Article 54 — how is the President elected?

By an ELECTORAL COLLEGE consisting of: (a) Elected members of both Houses of Parliament. (b) Elected members of Legislative Assemblies of all States. (c) Elected members of Legislative Assemblies of NCT of Delhi and UT of Puducherry [70th Amendment, 1992].

Article 55 — what method is used to elect the President?

PROPORTIONAL REPRESENTATION by means of a SINGLE TRANSFERABLE VOTE (STV) and the voting is by SECRET BALLOT.

What are the qualifications for election as President? (Article 58)

(a) Citizen of India. (b) Completed 35 years of age. (c) Qualified to be a member of the Lok Sabha. (d) Must NOT hold any office of profit under the Government of India, State Government, or any local/public authority.

What is the term of office of the President? (Article 56)

FIVE YEARS from the date of entering office. Eligible for re-election (no limit on re-elections).

Who administers the oath of office to the President? (Article 60)

The Chief Justice of India (or, in his absence, the senior-most judge of the Supreme Court available).

How can the President be removed from office? (Article 61)

By IMPEACHMENT for 'violation of the Constitution'. Procedure: (1) Charge initiated in EITHER House by 1/4th members after 14 days' notice. (2) Resolution passed by 2/3rd of TOTAL membership of that House. (3) Other House investigates the charge. (4) If found true and 2/3rd of TOTAL membership of that House also passes the resolution — President stands removed.

Article 62 — what does it cover?

The election to fill a vacancy caused by expiration of term shall be completed BEFORE the expiration of the term. A vacancy by death/resignation/removal must be filled within 6 MONTHS, and the new President holds office for full 5 years.

Who acts as President when the office is vacant?

VICE-PRESIDENT acts as President. If the VP is also unavailable, the CHIEF JUSTICE OF INDIA (or senior-most SC judge) acts as President. (Article 65 + President (Discharge of Functions) Act, 1969).

List the EXECUTIVE powers of the President.

(1) Appoints the PM, other Ministers, AG, CAG, UPSC members, EC members, Governors, Finance Commission, etc. (2) Administrative power: all executive actions of the Government of India formally taken in his name. (3) Information: can ask the PM for information about administrative affairs (Art 78). (4) Appoints SC/HC judges (Articles 124, 217). (5) Appoints the Chairman and members of NHRC, CIC, etc.

List the LEGISLATIVE powers of the President.

(1) Summons, prorogues, and dissolves Parliament. (2) Addresses Parliament at the first session after each general election and at the first session of each year (Art 87). (3) Sends messages to Parliament. (4) Nominates 12 members to Rajya Sabha (Art 80). (5) Bills passed by Parliament require his assent (Art 111). (6) Promulgates ORDINANCES when Parliament is not in session (Art 123). (7) Lays before Parliament: Annual Budget, CAG/Finance Commission/UPSC reports.

List the FINANCIAL powers of the President.

(1) Money Bills can be introduced in Parliament only on his recommendation (Art 117). (2) Causes the Annual Financial Statement (Budget) to be laid before Parliament (Art 112). (3) No demand for grant can be made except on his recommendation (Art 113). (4) Constitutes the Finance Commission every 5 years (Art 280). (5) Can make advances out of the Contingency Fund (Art 267).

List the JUDICIAL powers of the President.

(1) Appoints CJI, SC judges, HC judges (Arts 124, 217). (2) Can seek opinion of Supreme Court on a question of law/fact of public importance (Art 143 — advisory jurisdiction). (3) PARDONING POWER under Article 72.

Article 72 — what are the President's pardoning powers? List all five.

(1) PARDON — completely absolves the offender from punishment, conviction, and disqualifications. (2) COMMUTATION — substitution of one form of punishment for a lighter one (e.g., death → life imprisonment). (3) REMISSION — reducing the period of sentence without changing its character. (4) RESPITE — awarding a lesser sentence in special grounds (e.g., pregnancy of the offender). (5) REPRIEVE — temporary suspension of a death sentence.

Article 72 vs Article 161 — President vs Governor pardoning powers?

President (Art 72): Can pardon offences under UNION LAW; can pardon DEATH SENTENCES (whether Union or State); can pardon COURT-MARTIAL convictions. Governor (Art 161): Can pardon offences under STATE LAW; CANNOT pardon death sentences; CANNOT pardon court-martial convictions.

List the MILITARY powers of the President.

Supreme Commander of the Defence Forces of India (Art 53). Appoints the Chiefs of Army, Navy, and Air Force. Declares war and concludes peace, subject to parliamentary approval.

List the DIPLOMATIC powers of the President.

International treaties and agreements are negotiated and concluded in the name of the President (subject to Parliamentary approval). Represents India in international forums. Sends and receives diplomats (ambassadors, high commissioners).

List the three types of EMERGENCY powers of the President.

(1) NATIONAL EMERGENCY (Art 352) — on grounds of war, external aggression, or armed rebellion. (2) PRESIDENT'S RULE / STATE EMERGENCY (Art 356) — failure of constitutional machinery in a State. (3) FINANCIAL EMERGENCY (Art 360) — threat to financial stability or credit of India.

What is the difference between absolute, qualified, suspensive, and pocket veto?

ABSOLUTE VETO: President withholds assent — Bill ends. QUALIFIED VETO: President's veto can be overridden by Parliament with higher (qualified) majority. India's President does NOT have qualified veto. SUSPENSIVE VETO: President returns Bill for reconsideration; if Parliament re-passes (even by simple majority), the President MUST give assent. POCKET VETO: President takes no action — neither assents, nor returns, nor rejects. The Bill remains pending indefinitely. India's Constitution does not specify a time limit for assent.

Can the President exercise a Pocket Veto in India? Cite an example.

Yes — Article 111 specifies no time limit for the President to act. Example: Indian Post Office (Amendment) Bill, 1986 — President Giani Zail Singh did not act on it; later returned for reconsideration in 1989 by President R. Venkataraman.

Can the President veto a Constitutional Amendment Bill?

NO. Per the 24th Amendment (1971), the President is BOUND to give assent to Constitutional Amendment Bills passed under Article 368.

Article 123 — what does it empower the President to do?

To promulgate ORDINANCES when both Houses (or either House) of Parliament are NOT in session and circumstances make immediate action necessary.

Cite a case limiting the ordinance-making power of the President.

Krishna Kumar Singh v. State of Bihar (2017) — re-promulgation of ordinances without parliamentary approval is a 'fraud on the Constitution'.

Article 74 — what does it provide?

There shall be a Council of Ministers with the Prime Minister at the head to AID AND ADVISE the President, who shall, in the exercise of his functions, ACT IN ACCORDANCE with such advice.

Does the President have any DISCRETIONARY POWERS?

In strict reading, no — Article 74 binds him. But situational discretion exists: (1) APPOINTMENT OF PM when no party has clear majority. (2) DISMISSAL OF GOVERNMENT that has lost confidence but refuses to resign. (3) DISSOLUTION OF LOK SABHA when PM has lost majority. (4) Suspensive veto / referring bill for reconsideration. (5) Seeking information (Art 78). (6) Returning advice for reconsideration (Art 74 proviso).

Article 78 — what does it provide regarding the PM and President?

Duties of the PM regarding the furnishing of information: (a) Communicate ALL DECISIONS of the Council of Ministers to the President. (b) Furnish information relating to administration as the President may call for. (c) Submit for consideration any matter on which a Minister has decided but the Council has not considered, if the President so requires.

How is the salary of the President determined?

By Parliament — currently Rs. 5,00,000 per month (since 2018). Cannot be diminished during his term of office. Charged on the Consolidated Fund of India (Art 59).

Can the President be sued in courts during his term? (Article 361)

Article 361: NO. President cannot be answerable to any court for the exercise of duties of office. NO criminal proceedings can be instituted against him during his term. NO process for arrest or imprisonment can be issued.

Has any sitting President of India ever been impeached?

NO. No President of India has ever been impeached.

Who was the first President of India? When did he take office?

Dr. Rajendra Prasad. Took office on 26 January 1950. Served two terms (until 13 May 1962).

Who was the first woman President of India?

Pratibha Patil — 12th President (2007–2012).

Article 75 — what does it provide regarding Council of Ministers?

(1) PM is appointed by the President; other Ministers appointed on PM's advice. (2) Ministers hold office during the pleasure of the President. (3) Council of Ministers is COLLECTIVELY RESPONSIBLE to the Lok Sabha. (4) [91st Amendment, 2003] Total number of Ministers (incl. PM) shall not exceed 15% of total members of LS. (5) [91st Amendment] Disqualified MPs/MLAs cannot be Ministers.

Article 76 — Attorney General of India.

Appointed by the President. Must be qualified to be a Supreme Court judge. Highest law officer of India. Holds office during the pleasure of the President. Has the right of audience in all courts in India.

Vice-President: Articles, election, term?

Articles 63–73. Elected by an electoral college of MEMBERS OF BOTH HOUSES OF PARLIAMENT (elected + nominated) by proportional representation with single transferable vote, by secret ballot. Term: 5 years. Qualifications: Citizen, 35+ years, qualified for RS membership, must not hold office of profit. Ex-officio Chairman of Rajya Sabha (Art 64).

How can the Vice-President be removed?

By a resolution passed by an EFFECTIVE MAJORITY of Rajya Sabha (majority of all the then members) and AGREED TO by SIMPLE MAJORITY of Lok Sabha. 14 days' notice required.

Has any Indian Vice-President ever been removed via the Article 67(b) procedure?

NO. No VP has been removed; some have resigned to contest presidential elections.

Article 143 — Advisory Jurisdiction of Supreme Court.

The PRESIDENT may seek the opinion of the Supreme Court on any QUESTION OF LAW OR FACT of public importance, OR on any pre-constitutional treaty/agreement dispute. The opinion is ADVISORY (not binding) on the President.

Term of Vice-President in case of death/resignation/removal?

Election to fill vacancy held as soon as possible. Newly elected VP serves a FULL TERM OF 5 YEARS (not the remainder of predecessor's term, unlike LS Speaker).

Cite the case that recognized limited judicial review of pardon power.

Epuru Sudhakar v. Government of A.P. (2006) — Pardon power is subject to judicial review on grounds of: (a) non-application of mind, (b) malafide intent, (c) extraneous/irrelevant considerations, (d) arbitrariness, (e) suppression of material facts.

Article 71 — Disputes regarding Presidential election.

All doubts and disputes arising from the election of the President are inquired into and decided by the SUPREME COURT, whose decision is FINAL. The election is NOT invalidated by any vacancy in the electoral college (Art 71(4)).

Öffentliches Deck

President of India (Articles 52–78)

Election, qualifications, term, powers (executive, legislative, financial, judicial, military, diplomatic, emergency), impeachment, and types of vetoes — for the office of the President of India.

Autor: von NeverCram Editorial
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Veröffentlicht: Veröffentlicht am 25.04.2026

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Alle Karten (42)

#1
Vorderseite
Which Articles deal with the President and Vice-President?
Rückseite
Articles 52 to 73 (Executive of the Union, Part V, Chapter I). The President is mentioned through to Article 78.
#2
Vorderseite
Article 52 — what does it state?
Rückseite
There shall be a President of India.
#3
Vorderseite
Article 53 — where is the executive power of the Union vested?
Rückseite
In the President. The President shall exercise it either DIRECTLY or through officers SUBORDINATE to him in accordance with the Constitution.
Erklärung
In practice, executive power is exercised by the Council of Ministers headed by the Prime Minister, in whose name the President acts (Art 74).
#4
Vorderseite
Article 54 — how is the President elected?
Rückseite
By an ELECTORAL COLLEGE consisting of: (a) Elected members of both Houses of Parliament. (b) Elected members of Legislative Assemblies of all States. (c) Elected members of Legislative Assemblies of NCT of Delhi and UT of Puducherry [70th Amendment, 1992].
Erklärung
Note: Members of Legislative Councils, Nominated MPs, and Nominated MLAs do NOT participate in the election.
#5
Vorderseite
Article 55 — what method is used to elect the President?
Rückseite
PROPORTIONAL REPRESENTATION by means of a SINGLE TRANSFERABLE VOTE (STV) and the voting is by SECRET BALLOT.
Erklärung
Each MLA's vote weight = (Population of State / Total elected MLAs) ÷ 1000. Each MP's vote weight = (Total value of all MLA votes) ÷ (Total elected MPs of both Houses). Population reference: 1971 Census, frozen until first Census after 2026 (per 84th Amendment, 2001).
#6
Vorderseite
What are the qualifications for election as President? (Article 58)
Rückseite
(a) Citizen of India. (b) Completed 35 years of age. (c) Qualified to be a member of the Lok Sabha. (d) Must NOT hold any office of profit under the Government of India, State Government, or any local/public authority.
Erklärung
Sitting President/VP, Governor of any State, or Union/State Minister are NOT considered to hold office of profit for this purpose.
#7
Vorderseite
What is the term of office of the President? (Article 56)
Rückseite
FIVE YEARS from the date of entering office. Eligible for re-election (no limit on re-elections).
Erklärung
The President can resign by addressing a written letter to the Vice-President (who shall communicate it to the Speaker of Lok Sabha).
#8
Vorderseite
Who administers the oath of office to the President? (Article 60)
Rückseite
The Chief Justice of India (or, in his absence, the senior-most judge of the Supreme Court available).
Erklärung
The oath form is given in Article 60 itself: '...will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.'
#9
Vorderseite
How can the President be removed from office? (Article 61)
Rückseite
By IMPEACHMENT for 'violation of the Constitution'. Procedure: (1) Charge initiated in EITHER House by 1/4th members after 14 days' notice. (2) Resolution passed by 2/3rd of TOTAL membership of that House. (3) Other House investigates the charge. (4) If found true and 2/3rd of TOTAL membership of that House also passes the resolution — President stands removed.
Erklärung
Important: Both ELECTED and NOMINATED members of Parliament participate in impeachment (unlike presidential election where only elected members participate). Term 'violation of the Constitution' is not defined. No President has been impeached in India.
#10
Vorderseite
Article 62 — what does it cover?
Rückseite
The election to fill a vacancy caused by expiration of term shall be completed BEFORE the expiration of the term. A vacancy by death/resignation/removal must be filled within 6 MONTHS, and the new President holds office for full 5 years.
#11
Vorderseite
Who acts as President when the office is vacant?
Rückseite
VICE-PRESIDENT acts as President. If the VP is also unavailable, the CHIEF JUSTICE OF INDIA (or senior-most SC judge) acts as President. (Article 65 + President (Discharge of Functions) Act, 1969).
#12
Vorderseite
List the EXECUTIVE powers of the President.
Rückseite
(1) Appoints the PM, other Ministers, AG, CAG, UPSC members, EC members, Governors, Finance Commission, etc. (2) Administrative power: all executive actions of the Government of India formally taken in his name. (3) Information: can ask the PM for information about administrative affairs (Art 78). (4) Appoints SC/HC judges (Articles 124, 217). (5) Appoints the Chairman and members of NHRC, CIC, etc.
#13
Vorderseite
List the LEGISLATIVE powers of the President.
Rückseite
(1) Summons, prorogues, and dissolves Parliament. (2) Addresses Parliament at the first session after each general election and at the first session of each year (Art 87). (3) Sends messages to Parliament. (4) Nominates 12 members to Rajya Sabha (Art 80). (5) Bills passed by Parliament require his assent (Art 111). (6) Promulgates ORDINANCES when Parliament is not in session (Art 123). (7) Lays before Parliament: Annual Budget, CAG/Finance Commission/UPSC reports.
Erklärung
Anglo-Indian community nomination to LS (Art 331) was DISCONTINUED by the 104th Amendment, 2019.
#14
Vorderseite
List the FINANCIAL powers of the President.
Rückseite
(1) Money Bills can be introduced in Parliament only on his recommendation (Art 117). (2) Causes the Annual Financial Statement (Budget) to be laid before Parliament (Art 112). (3) No demand for grant can be made except on his recommendation (Art 113). (4) Constitutes the Finance Commission every 5 years (Art 280). (5) Can make advances out of the Contingency Fund (Art 267).
#15
Vorderseite
List the JUDICIAL powers of the President.
Rückseite
(1) Appoints CJI, SC judges, HC judges (Arts 124, 217). (2) Can seek opinion of Supreme Court on a question of law/fact of public importance (Art 143 — advisory jurisdiction). (3) PARDONING POWER under Article 72.
#16
Vorderseite
Article 72 — what are the President's pardoning powers? List all five.
Rückseite
(1) PARDON — completely absolves the offender from punishment, conviction, and disqualifications. (2) COMMUTATION — substitution of one form of punishment for a lighter one (e.g., death → life imprisonment). (3) REMISSION — reducing the period of sentence without changing its character. (4) RESPITE — awarding a lesser sentence in special grounds (e.g., pregnancy of the offender). (5) REPRIEVE — temporary suspension of a death sentence.
Erklärung
President's pardon power extends to: (a) cases under Union law; (b) cases tried by court-martial; (c) ALL cases involving sentence of death (whether under Union or State law). Governor (Art 161) cannot pardon death sentences or court-martial cases.
#17
Vorderseite
Article 72 vs Article 161 — President vs Governor pardoning powers?
Rückseite
President (Art 72): Can pardon offences under UNION LAW; can pardon DEATH SENTENCES (whether Union or State); can pardon COURT-MARTIAL convictions. Governor (Art 161): Can pardon offences under STATE LAW; CANNOT pardon death sentences; CANNOT pardon court-martial convictions.
Erklärung
In Maru Ram v. Union of India (1980) and Kehar Singh v. Union of India (1989), SC held the President's pardon power is exercised on the AID AND ADVICE of the Council of Ministers, but is subject to limited judicial review for procedural compliance and arbitrariness.
#18
Vorderseite
List the MILITARY powers of the President.
Rückseite
Supreme Commander of the Defence Forces of India (Art 53). Appoints the Chiefs of Army, Navy, and Air Force. Declares war and concludes peace, subject to parliamentary approval.
#19
Vorderseite
List the DIPLOMATIC powers of the President.
Rückseite
International treaties and agreements are negotiated and concluded in the name of the President (subject to Parliamentary approval). Represents India in international forums. Sends and receives diplomats (ambassadors, high commissioners).
#20
Vorderseite
List the three types of EMERGENCY powers of the President.
Rückseite
(1) NATIONAL EMERGENCY (Art 352) — on grounds of war, external aggression, or armed rebellion. (2) PRESIDENT'S RULE / STATE EMERGENCY (Art 356) — failure of constitutional machinery in a State. (3) FINANCIAL EMERGENCY (Art 360) — threat to financial stability or credit of India.
Erklärung
Detailed in Articles 352–360 (Part XVIII). 'Armed rebellion' replaced 'internal disturbance' by 44th Amendment, 1978.
#21
Vorderseite
What is the difference between absolute, qualified, suspensive, and pocket veto?
Rückseite
ABSOLUTE VETO: President withholds assent — Bill ends. QUALIFIED VETO: President's veto can be overridden by Parliament with higher (qualified) majority. India's President does NOT have qualified veto. SUSPENSIVE VETO: President returns Bill for reconsideration; if Parliament re-passes (even by simple majority), the President MUST give assent. POCKET VETO: President takes no action — neither assents, nor returns, nor rejects. The Bill remains pending indefinitely. India's Constitution does not specify a time limit for assent.
Erklärung
India's President exercises: ABSOLUTE veto (over private member bills, bills passed by a government that has fallen), SUSPENSIVE veto (over ordinary bills under Art 111, NOT Money Bills), POCKET veto (e.g., Indian Post Office Amendment Bill 1986 by President Zail Singh). NO qualified veto.
#22
Vorderseite
Can the President exercise a Pocket Veto in India? Cite an example.
Rückseite
Yes — Article 111 specifies no time limit for the President to act. Example: Indian Post Office (Amendment) Bill, 1986 — President Giani Zail Singh did not act on it; later returned for reconsideration in 1989 by President R. Venkataraman.
Erklärung
Note: Money Bills cannot be pocket-vetoed in practice — the President usually has to act, though no statutory limit exists.
#23
Vorderseite
Can the President veto a Constitutional Amendment Bill?
Rückseite
NO. Per the 24th Amendment (1971), the President is BOUND to give assent to Constitutional Amendment Bills passed under Article 368.
Erklärung
Removed the discretion the President previously had. Source: Article 368(2) proviso.
#24
Vorderseite
Article 123 — what does it empower the President to do?
Rückseite
To promulgate ORDINANCES when both Houses (or either House) of Parliament are NOT in session and circumstances make immediate action necessary.
Erklärung
An ordinance has the same force and effect as an Act of Parliament. Must be approved by Parliament within 6 WEEKS of reassembly (else lapses). Maximum life: 6 weeks + period until Parliament reassembles (so up to ~6 months in extreme case).
#25
Vorderseite
Cite a case limiting the ordinance-making power of the President.
Rückseite
Krishna Kumar Singh v. State of Bihar (2017) — re-promulgation of ordinances without parliamentary approval is a 'fraud on the Constitution'.
Erklärung
7-judge bench. Held that re-promulgation of ordinances violates the constitutional scheme. Citation: (2017) 3 SCC 1.
#26
Vorderseite
Article 74 — what does it provide?
Rückseite
There shall be a Council of Ministers with the Prime Minister at the head to AID AND ADVISE the President, who shall, in the exercise of his functions, ACT IN ACCORDANCE with such advice.
Erklärung
Originally read 'aid and advise the President'. The 42nd Amendment (1976) added 'who shall act in accordance with such advice'. The 44th Amendment (1978) added a proviso allowing the President to require the Council to RECONSIDER once; thereafter he must act on the reconsidered advice.
#27
Vorderseite
Does the President have any DISCRETIONARY POWERS?
Rückseite
In strict reading, no — Article 74 binds him. But situational discretion exists: (1) APPOINTMENT OF PM when no party has clear majority. (2) DISMISSAL OF GOVERNMENT that has lost confidence but refuses to resign. (3) DISSOLUTION OF LOK SABHA when PM has lost majority. (4) Suspensive veto / referring bill for reconsideration. (5) Seeking information (Art 78). (6) Returning advice for reconsideration (Art 74 proviso).
#28
Vorderseite
Article 78 — what does it provide regarding the PM and President?
Rückseite
Duties of the PM regarding the furnishing of information: (a) Communicate ALL DECISIONS of the Council of Ministers to the President. (b) Furnish information relating to administration as the President may call for. (c) Submit for consideration any matter on which a Minister has decided but the Council has not considered, if the President so requires.
#29
Vorderseite
How is the salary of the President determined?
Rückseite
By Parliament — currently Rs. 5,00,000 per month (since 2018). Cannot be diminished during his term of office. Charged on the Consolidated Fund of India (Art 59).
Erklärung
President is also entitled to free residence (Rashtrapati Bhavan), allowances, and lifetime pension.
#30
Vorderseite
Can the President be sued in courts during his term? (Article 361)
Rückseite
Article 361: NO. President cannot be answerable to any court for the exercise of duties of office. NO criminal proceedings can be instituted against him during his term. NO process for arrest or imprisonment can be issued.
Erklärung
Civil proceedings against acts done in personal capacity require 2 months' notice. Impeachment is the only remedy for 'violation of the Constitution' under Article 61.
#31
Vorderseite
Has any sitting President of India ever been impeached?
Rückseite
NO. No President of India has ever been impeached.
#32
Vorderseite
Who was the first President of India? When did he take office?
Rückseite
Dr. Rajendra Prasad. Took office on 26 January 1950. Served two terms (until 13 May 1962).
Erklärung
He is the only President to have served two full terms.
#33
Vorderseite
Who was the first woman President of India?
Rückseite
Pratibha Patil — 12th President (2007–2012).
#34
Vorderseite
Article 75 — what does it provide regarding Council of Ministers?
Rückseite
(1) PM is appointed by the President; other Ministers appointed on PM's advice. (2) Ministers hold office during the pleasure of the President. (3) Council of Ministers is COLLECTIVELY RESPONSIBLE to the Lok Sabha. (4) [91st Amendment, 2003] Total number of Ministers (incl. PM) shall not exceed 15% of total members of LS. (5) [91st Amendment] Disqualified MPs/MLAs cannot be Ministers.
#35
Vorderseite
Article 76 — Attorney General of India.
Rückseite
Appointed by the President. Must be qualified to be a Supreme Court judge. Highest law officer of India. Holds office during the pleasure of the President. Has the right of audience in all courts in India.
Erklärung
Receives such remuneration as the President may determine. Not a member of the Cabinet. Can take part in proceedings of Parliament but no right to vote.
#36
Vorderseite
Vice-President: Articles, election, term?
Rückseite
Articles 63–73. Elected by an electoral college of MEMBERS OF BOTH HOUSES OF PARLIAMENT (elected + nominated) by proportional representation with single transferable vote, by secret ballot. Term: 5 years. Qualifications: Citizen, 35+ years, qualified for RS membership, must not hold office of profit. Ex-officio Chairman of Rajya Sabha (Art 64).
Erklärung
Note: VP's electoral college is DIFFERENT from President's. State legislators do NOT vote for VP. Nominated members DO vote for VP (but not for President).
#37
Vorderseite
How can the Vice-President be removed?
Rückseite
By a resolution passed by an EFFECTIVE MAJORITY of Rajya Sabha (majority of all the then members) and AGREED TO by SIMPLE MAJORITY of Lok Sabha. 14 days' notice required.
Erklärung
NOTE: Resolution must originate ONLY in the Rajya Sabha (not Lok Sabha). Constitutional grounds for removal are not specified — unlike the President's 'violation of the Constitution'.
#38
Vorderseite
Has any Indian Vice-President ever been removed via the Article 67(b) procedure?
Rückseite
NO. No VP has been removed; some have resigned to contest presidential elections.
#39
Vorderseite
Article 143 — Advisory Jurisdiction of Supreme Court.
Rückseite
The PRESIDENT may seek the opinion of the Supreme Court on any QUESTION OF LAW OR FACT of public importance, OR on any pre-constitutional treaty/agreement dispute. The opinion is ADVISORY (not binding) on the President.
Erklärung
SC's reference cases: Berubari Union (1960), Keshav Singh case (1965), Special Reference No. 1 of 1998 (Third Judges case), Cauvery Water Disputes (1992), 2G Spectrum Reference (2012).
#40
Vorderseite
Term of Vice-President in case of death/resignation/removal?
Rückseite
Election to fill vacancy held as soon as possible. Newly elected VP serves a FULL TERM OF 5 YEARS (not the remainder of predecessor's term, unlike LS Speaker).
#41
Vorderseite
Cite the case that recognized limited judicial review of pardon power.
Rückseite
Epuru Sudhakar v. Government of A.P. (2006) — Pardon power is subject to judicial review on grounds of: (a) non-application of mind, (b) malafide intent, (c) extraneous/irrelevant considerations, (d) arbitrariness, (e) suppression of material facts.
Erklärung
Citation: (2006) 8 SCC 161.
#42
Vorderseite
Article 71 — Disputes regarding Presidential election.
Rückseite
All doubts and disputes arising from the election of the President are inquired into and decided by the SUPREME COURT, whose decision is FINAL. The election is NOT invalidated by any vacancy in the electoral college (Art 71(4)).