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)).

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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.

Author: by NeverCram Editorial
Cards: 42 cards
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Published: Published Apr 25, 2026

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All cards (42)

#1
Front
Which Articles deal with the President and Vice-President?
Back
Articles 52 to 73 (Executive of the Union, Part V, Chapter I). The President is mentioned through to Article 78.
#2
Front
Article 52 — what does it state?
Back
There shall be a President of India.
#3
Front
Article 53 — where is the executive power of the Union vested?
Back
In the President. The President shall exercise it either DIRECTLY or through officers SUBORDINATE to him in accordance with the Constitution.
Explanation
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
Front
Article 54 — how is the President elected?
Back
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].
Explanation
Note: Members of Legislative Councils, Nominated MPs, and Nominated MLAs do NOT participate in the election.
#5
Front
Article 55 — what method is used to elect the President?
Back
PROPORTIONAL REPRESENTATION by means of a SINGLE TRANSFERABLE VOTE (STV) and the voting is by SECRET BALLOT.
Explanation
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
Front
What are the qualifications for election as President? (Article 58)
Back
(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.
Explanation
Sitting President/VP, Governor of any State, or Union/State Minister are NOT considered to hold office of profit for this purpose.
#7
Front
What is the term of office of the President? (Article 56)
Back
FIVE YEARS from the date of entering office. Eligible for re-election (no limit on re-elections).
Explanation
The President can resign by addressing a written letter to the Vice-President (who shall communicate it to the Speaker of Lok Sabha).
#8
Front
Who administers the oath of office to the President? (Article 60)
Back
The Chief Justice of India (or, in his absence, the senior-most judge of the Supreme Court available).
Explanation
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
Front
How can the President be removed from office? (Article 61)
Back
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.
Explanation
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
Front
Article 62 — what does it cover?
Back
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
Front
Who acts as President when the office is vacant?
Back
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
Front
List the EXECUTIVE powers of the President.
Back
(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
Front
List the LEGISLATIVE powers of the President.
Back
(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.
Explanation
Anglo-Indian community nomination to LS (Art 331) was DISCONTINUED by the 104th Amendment, 2019.
#14
Front
List the FINANCIAL powers of the President.
Back
(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
Front
List the JUDICIAL powers of the President.
Back
(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
Front
Article 72 — what are the President's pardoning powers? List all five.
Back
(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.
Explanation
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
Front
Article 72 vs Article 161 — President vs Governor pardoning powers?
Back
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.
Explanation
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
Front
List the MILITARY powers of the President.
Back
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
Front
List the DIPLOMATIC powers of the President.
Back
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
Front
List the three types of EMERGENCY powers of the President.
Back
(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.
Explanation
Detailed in Articles 352–360 (Part XVIII). 'Armed rebellion' replaced 'internal disturbance' by 44th Amendment, 1978.
#21
Front
What is the difference between absolute, qualified, suspensive, and pocket veto?
Back
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.
Explanation
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
Front
Can the President exercise a Pocket Veto in India? Cite an example.
Back
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.
Explanation
Note: Money Bills cannot be pocket-vetoed in practice — the President usually has to act, though no statutory limit exists.
#23
Front
Can the President veto a Constitutional Amendment Bill?
Back
NO. Per the 24th Amendment (1971), the President is BOUND to give assent to Constitutional Amendment Bills passed under Article 368.
Explanation
Removed the discretion the President previously had. Source: Article 368(2) proviso.
#24
Front
Article 123 — what does it empower the President to do?
Back
To promulgate ORDINANCES when both Houses (or either House) of Parliament are NOT in session and circumstances make immediate action necessary.
Explanation
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
Front
Cite a case limiting the ordinance-making power of the President.
Back
Krishna Kumar Singh v. State of Bihar (2017) — re-promulgation of ordinances without parliamentary approval is a 'fraud on the Constitution'.
Explanation
7-judge bench. Held that re-promulgation of ordinances violates the constitutional scheme. Citation: (2017) 3 SCC 1.
#26
Front
Article 74 — what does it provide?
Back
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.
Explanation
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
Front
Does the President have any DISCRETIONARY POWERS?
Back
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
Front
Article 78 — what does it provide regarding the PM and President?
Back
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
Front
How is the salary of the President determined?
Back
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).
Explanation
President is also entitled to free residence (Rashtrapati Bhavan), allowances, and lifetime pension.
#30
Front
Can the President be sued in courts during his term? (Article 361)
Back
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.
Explanation
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
Front
Has any sitting President of India ever been impeached?
Back
NO. No President of India has ever been impeached.
#32
Front
Who was the first President of India? When did he take office?
Back
Dr. Rajendra Prasad. Took office on 26 January 1950. Served two terms (until 13 May 1962).
Explanation
He is the only President to have served two full terms.
#33
Front
Who was the first woman President of India?
Back
Pratibha Patil — 12th President (2007–2012).
#34
Front
Article 75 — what does it provide regarding Council of Ministers?
Back
(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
Front
Article 76 — Attorney General of India.
Back
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.
Explanation
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
Front
Vice-President: Articles, election, term?
Back
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).
Explanation
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
Front
How can the Vice-President be removed?
Back
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.
Explanation
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
Front
Has any Indian Vice-President ever been removed via the Article 67(b) procedure?
Back
NO. No VP has been removed; some have resigned to contest presidential elections.
#39
Front
Article 143 — Advisory Jurisdiction of Supreme Court.
Back
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.
Explanation
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
Front
Term of Vice-President in case of death/resignation/removal?
Back
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
Front
Cite the case that recognized limited judicial review of pardon power.
Back
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.
Explanation
Citation: (2006) 8 SCC 161.
#42
Front
Article 71 — Disputes regarding Presidential election.
Back
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)).