Topic overview
- Their offices, elections or appointments, qualifications, tenure, removal and powers are distributed across Articles 52-78 and 153-167.
- Executive power is exercised formally by the President or Governor but normally on the aid and advice of the Council of Ministers.
- The President and Governor have legislative, financial, judicial and emergency-related powers with different constitutional limits.
- UP examinations frequently test election methods, vetoes, ordinances, pardoning powers, tenure and the discretionary role of the Governor.
President, Vice-President and Governor: Article-wise Comparison
| No. | Office / Article | Period | Constitutional subject | What to remember |
|---|---|---|---|---|
| 1 | President: Articles 52-55 | Union executive | Election by elected MPs and elected MLAs | The President is elected indirectly by an Electoral College using proportional representation by means of the single transferable vote and secret ballot. |
| 2 | President: Articles 56-62 | Term, qualification and vacancy | President and election authorities | Five-year term; eligible for re-election; minimum age 35; must be qualified for Lok Sabha; removal is by impeachment for violation of the Constitution. |
| 3 | President: Articles 53 and 74 | Executive power | President and Union Council of Ministers | Executive power of the Union is vested in the President and exercised according to the Constitution, normally on ministerial advice. |
| 4 | President: Articles 72 and 161 | Pardoning power | President and Governor | President can pardon, reprieve, respite, remit or commute in specified cases including court martial and death sentences; Governor has a narrower State-linked power. |
| 5 | President: Articles 85, 111 and 123 | Legislative powers | President, Parliament and Union Council | Summons and prorogues Parliament, may dissolve Lok Sabha, gives assent or returns ordinary Bills once, and may promulgate Ordinances when Parliament is not in session. |
| 6 | President: Articles 112 and 360 | Financial and emergency powers | President, Parliament and Union ministers | Causes the Union Budget to be laid, recommends Money Bills and acts under National, State and Financial Emergency provisions as constitutionally authorised. |
| 7 | Vice-President: Articles 63-71 | Second Union constitutional office | Election by members of both Houses of Parliament | Elected by elected and nominated MPs through proportional representation by single transferable vote; does not include State MLAs in the Electoral College. |
| 8 | Vice-President: Articles 64-65 and 67 | Rajya Sabha and presidential vacancy | Vice-President and Rajya Sabha | Ex officio Chairman of Rajya Sabha; acts as President during vacancy or inability; five-year term and removal by Rajya Sabha resolution agreed to by Lok Sabha. |
| 9 | Governor: Articles 153-159 | State executive office | Governor appointed by the President | Governor is appointed by the President, normally has a five-year term, must be a citizen aged 35 or above and cannot be a member of a legislature while holding office. |
| 10 | Governor: Articles 154, 163-164 | State executive power | Governor, Chief Minister and State Council of Ministers | Executive power of the State is vested in the Governor; the Governor normally acts on advice but has limited constitutional discretion. |
| 11 | Governor: Articles 161, 200 and 213 | Pardoning, assent and ordinance | Governor and State institutions | Governor exercises State-linked clemency, assents to or reserves Bills and may promulgate Ordinances when the State Legislature is not in session. |
| 12 | Governor and Article 356 | Constitutional breakdown | Governor, President and Union Council | The Governor may report that a State government cannot be carried on according to the Constitution; the President decides on action under Article 356. |
| 13 | Veto and discretion comparison | Union-State distinctions | President and Governor | President has absolute, suspensive and pocket-veto situations subject to constitutional limits; Governor may reserve Bills for the President and exercises specific discretion in government formation and reports. |
Concept 1
President: Election, Qualification, Tenure and Impeachment
The President is an indirectly elected constitutional head whose removal follows a special impeachment process.
Step-by-step explanation
- Article 52 provides for the office of the President of India, and Article 53 vests Union executive power in the President.
- The President is elected by an Electoral College consisting of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the States.
- For this election, the expression State includes the National Capital Territory of Delhi and the Union Territory of Puducherry as constitutionally provided.
- The election uses proportional representation by means of the single transferable vote and secret ballot.
- A candidate must be a citizen of India, at least 35 years old, qualified for election to the Lok Sabha and not hold an office of profit under the Government, subject to constitutional exceptions.
- The President holds office for five years and may be re-elected; the President continues until the successor enters office.
- Impeachment for violation of the Constitution may be initiated by either House, requires notice and special majorities, and the other House investigates the charge.
- The President's oath is administered by the Chief Justice of India or, in their absence, the senior-most available Supreme Court judge.
Key points
- Electoral College - elected MPs and elected State MLAs
- Voting - proportional representation, STV and secret ballot
- Minimum age - 35
- Term - five years and re-election possible
- Removal - impeachment for violation of the Constitution.
Worked examples
- Comparing the President and Vice-President Electoral Colleges
- Arranging the steps of impeachment
Additional examples
- Comparing the President and Vice-President Electoral Colleges
- Arranging the steps of impeachment
Important distinctions
- The President is elected by elected MPs and elected MLAs; the Vice-President is elected by members of both Houses of Parliament only.
- Impeachment is a constitutional removal process for the President; a Governor is not impeached and is removed by the President.
Common misconceptions
- The President is directly elected by all citizens.
- Nominated MPs vote in the Presidential election.
- The President can be elected only once.
Exam focus
- Remember the Electoral College and voting method.
- Revise age, qualification and term.
- Distinguish impeachment from ordinary removal or resignation.
Concept 2
President: Executive, Legislative and Financial Powers
The President formally exercises Union powers while the parliamentary system places day-to-day responsibility with the Council of Ministers.
Step-by-step explanation
- The President appoints the Prime Minister and appoints other ministers on the Prime Minister's advice; the Council is collectively responsible to the Lok Sabha.
- The President appoints constitutional authorities and officials as provided by the Constitution, including Governors, the Attorney-General and members of the Union Public Service Commission.
- The President summons and prorogues Parliament and may dissolve the Lok Sabha on the advice of the Council of Ministers.
- The President may address Parliament, send messages and cause reports and statements to be laid before it as constitutionally required.
- A Bill passed by Parliament generally requires Presidential assent; the President may return an ordinary Bill once for reconsideration but cannot return a Money Bill.
- A Constitution Amendment Bill duly passed under Article 368 requires Presidential assent and cannot be returned for reconsideration.
- The Union Budget is caused to be laid before Parliament in the President's name, and Money Bills require prior recommendation.
- The President may promulgate an Ordinance under Article 123 when both Houses of Parliament are not in session and immediate action is necessary; it must be placed before Parliament and is temporary.
Key points
- Prime Minister appointed by President
- Parliament summoned, prorogued and Lok Sabha dissolved under constitutional practice
- Ordinary Bill may be returned once
- Money Bill needs prior recommendation and cannot be returned
- Article 123 Ordinance is temporary.
Worked examples
- Distinguishing ordinary Bill, Money Bill and Constitution Amendment Bill
- Explaining the temporary nature of an Ordinance
Additional examples
- Distinguishing ordinary Bill, Money Bill and Constitution Amendment Bill
- Explaining the temporary nature of an Ordinance
Important distinctions
- The President may return an ordinary Bill once but not a Money Bill; a Constitution Amendment Bill cannot be returned under Article 368.
- An Ordinance has the force of an Act temporarily but must be laid before Parliament and ceases as constitutionally prescribed.
Common misconceptions
- The President can permanently veto every Bill without constitutional limits.
- An Ordinance remains permanently valid without Parliamentary approval.
- The President independently chooses the Council of Ministers in a majority government.
Exam focus
- Revise Articles 74, 85, 111, 112 and 123.
- Compare Presidential assent powers.
- Mention aid and advice in executive-power answers.
Concept 3
President: Pardoning Power, Emergencies and Vetoes
The President has special constitutional powers in criminal justice, emergencies and legislation, each with a defined field and procedure.
Step-by-step explanation
- Article 72 permits the President to grant pardons, reprieves, respites or remissions of punishment and to suspend, remit or commute sentences in specified cases.
- The President's Article 72 power extends to court-martial cases, offences relating to matters within Union executive power and all cases involving a death sentence.
- A pardon removes both the sentence and certain legal effects of conviction; remission reduces the sentence without changing its character, while commutation substitutes a lighter form of punishment.
- The President may return an ordinary Bill once, creating a suspensive veto; withholding assent in limited situations is described as an absolute veto, and inaction may operate as a pocket veto because no constitutional time limit is prescribed.
- The President cannot exercise a veto to reject a Constitution Amendment Bill duly passed under Article 368.
- Under Article 352, a National Emergency may be proclaimed for war, external aggression or armed rebellion on written Cabinet advice.
- Article 356 concerns failure of constitutional machinery in a State, and Article 360 concerns Financial Emergency.
- Emergency powers affect the federal system and Fundamental Rights only within the limits and safeguards expressly provided by the Constitution.
Key points
- Article 72 - President pardon
- Court martial and death sentence included
- Ordinary Bill - suspensive return once
- Article 352 - war, external aggression, armed rebellion
- Articles 356 and 360 - State breakdown and Financial Emergency.
Worked examples
- Distinguishing pardon, remission and commutation
- Matching emergency grounds with Articles
Additional examples
- Distinguishing pardon, remission and commutation
- Matching emergency grounds with Articles
Important distinctions
- President's Article 72 power includes court martial and death sentences; Governor's Article 161 power is narrower.
- A suspensive veto returns an ordinary Bill for reconsideration; a pocket veto is inaction where no constitutional deadline exists.
Common misconceptions
- A Governor can pardon a death sentence in the same way as the President.
- National Emergency can be proclaimed for any law-and-order problem.
- The President can return a Constitution Amendment Bill.
Exam focus
- Remember Article 72 and its three special fields.
- Match Articles 352, 356 and 360.
- Differentiate absolute, suspensive and pocket veto.
Concept 4
Vice-President: Election, Role, Tenure and Removal
The Vice-President links the Union executive with the Rajya Sabha and acts as President when the office is vacant or the President is unable to function.
Step-by-step explanation
- Article 63 provides for the office of the Vice-President of India.
- The Vice-President is elected by members of both Houses of Parliament, including nominated members, through proportional representation by means of the single transferable vote and secret ballot.
- State Legislative Assembly members do not participate in the Vice-Presidential election.
- A candidate must be a citizen, at least 35 years old, qualified for election as a member of the Rajya Sabha and not hold an office of profit under the Government, subject to constitutional exceptions.
- The Vice-President is ex officio Chairman of the Rajya Sabha and performs the functions of the President during a vacancy or when the President is unable to discharge duties.
- The Vice-President has a five-year term and may continue until a successor enters office; re-election is constitutionally permitted.
- The Vice-President may resign to the President and is removed by a Rajya Sabha resolution passed by a majority of all the then members and agreed to by the Lok Sabha after notice.
- The Vice-President is not removed by impeachment in the same manner as the President.
Key points
- Election - both Houses of Parliament
- Nominated MPs vote; State MLAs do not
- Ex officio Chairman of Rajya Sabha
- Qualification - 35 and Rajya Sabha eligibility
- Removal - Rajya Sabha resolution agreed by Lok Sabha.
Worked examples
- Comparing Presidential and Vice-Presidential Electoral Colleges
- Explaining acting-President situations
Additional examples
- Comparing Presidential and Vice-Presidential Electoral Colleges
- Explaining acting-President situations
Important distinctions
- The President is elected by elected MPs and elected MLAs; the Vice-President is elected by members of both Houses of Parliament.
- The Vice-President is removed by a parliamentary resolution, while the President is impeached for violation of the Constitution.
Common misconceptions
- State MLAs vote in the Vice-Presidential election.
- The Vice-President is the head of the Union executive.
- The Vice-President is removed through impeachment.
Exam focus
- Remember who votes and who does not.
- Match the Vice-President with Rajya Sabha chairmanship.
- Revise the special removal procedure.
Concept 5
Governor: Appointment, Qualification, Tenure and Role
The Governor is the constitutional head of a State, appointed by the President and normally guided by the State Council of Ministers.
Step-by-step explanation
- Article 153 provides for a Governor for each State; the same person may be appointed Governor of two or more States.
- The Governor is appointed by the President under Article 155 and holds office during the pleasure of the President under Article 156.
- The normal term is five years, but the Governor may resign to the President or be removed earlier; the Governor continues until a successor enters office.
- A candidate must be a citizen of India and at least 35 years old; the Governor cannot be a member of Parliament or a State Legislature while holding office.
- The Governor takes an oath to preserve, protect and defend the Constitution and to devote themselves to the service and well-being of the people.
- The Governor appoints the Chief Minister and appoints other ministers on the Chief Minister's advice; the Council is collectively responsible to the Legislative Assembly.
- The Governor normally acts on aid and advice but has limited discretion in situations such as a hung Assembly, reservation of Bills and reporting constitutional breakdown.
- The Governor is not an agent with unlimited personal power; discretionary action remains subject to the Constitution and judicial review.
Key points
- Appointment - President
- Pleasure - President; normal term five years
- Minimum age - 35
- Chief Minister appointed by Governor
- Limited discretion, not unlimited personal rule.
Worked examples
- Governor in a hung Assembly
- Comparing Governor appointment with President election
Additional examples
- Governor in a hung Assembly
- Comparing Governor appointment with President election
Important distinctions
- The President is elected by an Electoral College; the Governor is appointed by the President.
- The Governor has a formal State executive role but the Council of Ministers is responsible to the elected Legislative Assembly.
Common misconceptions
- A Governor is directly elected by the people of the State.
- The Governor has an independent general veto over every decision of the Council of Ministers.
- A Governor has a fixed five-year tenure that cannot end earlier.
Exam focus
- Revise Articles 153-159 and 163-164.
- Remember pleasure of the President and the normal five-year term.
- Use hung Assembly and Article 356 report as discretion examples.
Concept 6
Governor: Legislative, Financial, Judicial and Emergency Powers
The Governor exercises State-level constitutional powers in legislation, finance, clemency and constitutional breakdown.
Step-by-step explanation
- The Governor summons, prorogues and may dissolve the State Legislative Assembly, subject to constitutional practice and ministerial advice.
- The Governor may address the Legislature, assent to Bills, withhold assent, return an ordinary Bill for reconsideration or reserve a Bill for the President under Article 200.
- A Money Bill in the State Legislature requires the Governor's recommendation, and the annual financial statement is laid before the Legislature in the Governor's name.
- Article 213 permits the Governor to promulgate Ordinances when the Legislature is not in session and immediate action is necessary; the Ordinance is temporary and subject to constitutional limits.
- Article 161 gives the Governor power to grant pardons, reprieves, respites, remissions or commutations for offences within the State executive field.
- The Governor cannot pardon a death sentence in the same broad constitutional field as the President, though the Governor may suspend, remit or commute sentences under the applicable law.
- The Governor may reserve certain Bills for the President, especially where constitutional provisions require or permit reservation.
- Under Article 356, the Governor may send a report that the State government cannot be carried on according to the Constitution, but the President decides the proclamation.
Key points
- Article 200 - assent, return or reservation of Bills
- Article 201 - Bills reserved for President
- Article 213 - State Ordinance
- Article 161 - Governor pardon
- Article 356 - Governor report, President decision.
Worked examples
- Comparing Articles 123 and 213
- Distinguishing Article 161 from Article 72
Additional examples
- Comparing Articles 123 and 213
- Distinguishing Article 161 from Article 72
Important distinctions
- Article 200 concerns State Bills and permits reservation; Article 111 concerns Presidential assent to Parliamentary Bills.
- The Governor reports constitutional breakdown under Article 356, but the President issues the proclamation after constitutional consideration.
Common misconceptions
- A Governor's Article 356 report automatically imposes President's Rule.
- A State Ordinance is permanent law without legislative approval.
- The Governor can reserve every Bill for the President without constitutional reason.
Exam focus
- Revise Articles 161, 200, 201, 213 and 356.
- Compare Governor and President pardoning powers.
- Mention temporary validity and legislative control of Ordinances.