The Prime Minister is the most important functionary of the government in India. The President exercises his/her powers only on the advice of the Council of Ministers, which is headed by the Prime Minister. Therefore, as head of the Council of Ministers, the Prime Minister wields the real executive power.
**Appointment:** Formally, the President appoints the leader who has the support of the majority in the Lok Sabha as Prime Minister. The Prime Minister then decides who will be ministers. The Prime Minister allocates ranks and portfolios: ministers are given ranks of cabinet minister, minister of state, or deputy minister.
**Membership requirement:** The Prime Minister and all ministers must be members of Parliament. If someone becomes a minister or PM without being an MP, they must get elected to Parliament within six months.
**Collective Responsibility:** The Council of Ministers is collectively responsible to the Lok Sabha. A Ministry that loses the confidence of the Lok Sabha is obliged to resign. This means:
- A vote of no confidence even against a single minister leads to the resignation of the entire Council of Ministers
- If a minister does not agree with a cabinet policy, they must either accept it or resign
- All ministers are bound to pursue policies for which there is collective responsibility
**Cabinet vs. Council of Ministers distinction:**
- The Council of Ministers includes all ministers (cabinet ministers, ministers of state, deputy ministers)
- The Cabinet specifically refers to senior ministers — cabinet ministers
- The text uses the phrase "solidarity of the cabinet" in explaining collective responsibility
**Prime Minister's pre-eminence:**
- The Council of Ministers cannot exist without the Prime Minister
- The Council comes into existence only after the PM takes the oath of office
- Death or resignation of the PM automatically dissolves the Council of Ministers
- Death or resignation of a minister only creates a ministerial vacancy
- Nehru described the PM as "the linchpin of Government"
- The PM acts as link between the Council of Ministers and the President, and between the Council and Parliament
- The PM must communicate to the President all decisions of the Council of Ministers relating to the administration of the Union
**Sources of PM's power:** Control over Council of Ministers, leadership of Lok Sabha, command over bureaucratic machine, access to media, projection as national leader during elections, international summitry, and foreign visits.
**Coalition impact on PM's power:** Since 1989, coalition governments have:
- Increased presidential discretionary role in selecting PMs
- Eroded PM's authority through more inter-party consultation
- Restricted PM's prerogatives (choosing ministers, portfolios)
- Forced PM to act as "negotiator" rather than government leader when framing policies with coalition allies
All key facts
›PM must have support of majority in Lok Sabha
›PM is appointed by the President formally
›PM allocates portfolios and ranks to ministers
›PM and all ministers must be MPs; if not, must be elected within 6 months
›Collective responsibility: loss of confidence → entire Council resigns
›Death/resignation of PM: entire Council dissolves automatically
›Death/resignation of minister: only a vacancy, not dissolution of Council
›Nehru: PM is "the linchpin of Government"
›Since 1989: coalition politics has diluted PM's powers
cabinet committeesparliamentary vs presidentialpermanent executive bureaucracypresident of indiacoalition government
Parliamentary vs Presidential Executive
›Presidential: president = Head of State + Head of Government (USA, Brazil)
›Parliamentary: president/monarch = ceremonial; PM = real power (India, UK, Germany, Japan)
›Semi-presidential: both president and PM have significant powers (France, Russia, Sri Lanka)
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Different countries have different types of executive. Three main types are discussed in the chapter: presidential, parliamentary, and semi-presidential.
**Presidential system:**
- The president is both the Head of State AND Head of Government
- Executive power is concentrated in the president's office
- The office is very powerful both in theory and practice
- Countries: USA, Brazil, most of Latin America
**Parliamentary system:**
- The prime minister is the Head of Government
- A president or monarch serves as the nominal Head of State — primarily ceremonial
- Prime minister along with the cabinet wields effective power
- Countries: Germany, Italy, Japan, United Kingdom, Portugal, India
**Semi-presidential system:**
- Both a president and a prime minister exist
- Unlike parliamentary system, the president may possess significant day-to-day powers
- It is possible for the president and prime minister to belong to different parties
- Countries: France, Russia, Sri Lanka
**Why India chose parliamentary over presidential:**
India had experience of the parliamentary system under the Acts of 1919 and 1935, and this had shown the system could effectively control the executive through representatives of the people. The Constitution makers wanted:
1. A government sensitive to public expectations and accountable to people
2. Strong executive but with safeguards against personality cult
3. Mechanisms to ensure executive is answerable to and controlled by people's representatives
The presidential executive was rejected specifically because it "puts much emphasis on the president as the chief executive and as source of all executive power" and carries the "danger of personality cult."
**Country examples from the chapter:**
- Canada: parliamentary democracy with constitutional monarchy (Queen Elizabeth II as formal head)
- France: semi-presidential (president appoints PM and ministers but cannot dismiss them as they are responsible to Parliament)
- Japan: parliamentary (Emperor as head of state, PM as head of government)
- Italy: parliamentary (president as formal head, PM as head of government)
- Russia: semi-presidential (president as head of state; PM appointed by president as head of government)
- Germany: parliamentary (president is ceremonial; chancellor is head of government)
- Sri Lanka: semi-presidential (executive presidency; president directly elected)
All key facts
›Presidential: president = Head of State + Head of Government (USA, Brazil)
›Parliamentary: president/monarch = ceremonial; PM = real power (India, UK, Germany, Japan)
›Semi-presidential: both president and PM have significant powers (France, Russia, Sri Lanka)
›India chose parliamentary due to: accountability, experience (1919/1935 Acts), avoiding personality cult
›In parliamentary system: executive must maintain majority in legislature
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamblecabinet committees
Permanent Executive — Bureaucracy
›Political executive = PM and ministers (policy makers)
The executive organ includes both the political executive (PM, ministers) and the permanent executive (bureaucracy/civil service). The bureaucracy consists of trained and skilled officers who work as permanent employees of the government, assisting ministers in formulating and implementing policies.
**Political neutrality:** The bureaucracy is expected to be politically neutral — it will not take any political position on policy matters. When a new government comes with different policies, the bureaucracy must faithfully and efficiently participate in drafting and implementing those new policies.
**Structure:** The Indian bureaucracy is an enormously complex system comprising: All-India Services, State services, employees of local governments, and technical/managerial staff of public sector undertakings.
**Recruitment:** The Union Public Service Commission (UPSC) is entrusted with conducting recruitment to the civil services for the Government of India. Similar Public Service Commissions exist for States. Members of PSCs are appointed for a fixed term; their removal or suspension is subject to a thorough enquiry by a judge of the Supreme Court.
**Merit and representation:** While efficiency and merit are norms for recruitment, the Constitution ensures all sections of society (including weaker sections) have opportunity to join the public bureaucracy — reservation of jobs for Dalits and Adivasis; subsequently also for women and other backward classes.
**IAS and IPS:** Persons selected by UPSC for Indian Administrative Service (IAS) and Indian Police Service (IPS) form the backbone of higher-level bureaucracy in States. An IAS/IPS officer is assigned to a particular State but appointed by the central government. Only the central government can take disciplinary action against them. This means key State administrative officers are under central government supervision — a feature that strengthens central control over States.
All key facts
›Political executive = PM and ministers (policy makers)
›UPSC recruits for central civil services; State PSCs for States
›IAS/IPS: assigned to States but appointed by central government; only central government can take disciplinary action
›Reservation for Dalits, Adivasis, women, OBCs in civil services
›PSC members have fixed tenure; removal requires Supreme Court judge inquiry
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreambleupsc
Qualifications for Vice-President
›A person must be a **citizen of India** to be eligible for election as Vice-President.
›A candidate must have **completed 35 years of age**.
›A candidate must be **qualified for election as a member of the Rajya Sabha**.
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The Vice-President of India must satisfy a specific set of constitutional qualifications before being eligible for election. These qualifications are designed to ensure that only citizens of sufficient maturity and constitutional standing occupy this second-highest office in the country. The qualifications focus on citizenship status, age, parliamentary eligibility, and freedom from conflict of interest through office-holding. Additionally, candidates must meet procedural requirements including nomination subscriptions and security deposits. The qualifications ensure alignment with the role of the Vice-President, who serves as ex-officio Chairman of the Rajya Sabha and acts as President during vacancies or presidential incapacity.
All key facts
›A person must be a **citizen of India** to be eligible for election as Vice-President.
›A candidate must have **completed 35 years of age**.
›A candidate must be **qualified for election as a member of the Rajya Sabha**.
›A candidate must **not hold any office of profit** under the Union government, any state government, any local authority, or any other public authority.
›**Exceptions to the office of profit restriction**: A sitting President or Vice-President of the Union, the governor of any state, and a minister for the Union or any state are not deemed to hold any office of profit and are therefore qualified to be candidates for Vice-President.
›The **nomination** of a candidate must be subscribed by at least **20 electors as proposers and 20 electors as seconders**.
›Every candidate must make a **security deposit of ₹15,000** in the Reserve Bank of India.
vice president electionvice president powers functionsrajya sabha
President of India — Election, Powers, and Position
›Election: indirect — by elected MLAs and MPs; proportional representation with single transferable vote
›Term: 5 years
›Removal: impeachment by Parliament with special majority; only ground = violation of Constitution
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The President of India is the formal Head of State. The Constitution formally vests executive power of the Union in the President. In reality, the President exercises these powers through the Council of Ministers headed by the Prime Minister. Nehru described the President's position as: "We did not give him any real power but we have made his position one of authority and dignity... a great figurehead."
**Election:** The President is elected for a period of five years. The election is indirect — not by ordinary citizens but by elected MLAs and MPs. The election follows the principle of proportional representation with single transferable vote.
**Removal:** The President can be removed only by Parliament through the impeachment procedure. This requires a special majority. The only ground for impeachment is violation of the Constitution.
**Powers in a parliamentary system:** In a parliamentary system, the President's powers are exercised only on the advice of the Council of Ministers in most cases. However, the President is formally invested with wide-ranging executive, legislative, judicial, and emergency powers.
**Discretionary Powers of the President:**
Three situations where the President can exercise discretion:
1. **Sending back advice for reconsideration:** The President can return the advice given by the Council of Ministers and ask for reconsideration. Although the Council can send back the same advice (and the President would then be bound by it), such a request carries weight. The President acts on own discretion here.
2. **Veto power (pocket veto):** The President can withhold or refuse to give assent to Bills (other than Money Bills) passed by Parliament. If the same bill is returned and passed again by Parliament and sent back, the President must give assent. However, the Constitution does not specify a time limit within which the President must return the bill. This allows the President to keep a bill pending indefinitely — known as the "pocket veto."
3. **Appointment of Prime Minister in a hung Parliament:** Formally, the President appoints the Prime Minister. Normally, this is automatic (whoever has Lok Sabha majority). But when no party has a clear majority and multiple leaders claim support, the President must use own discretion to judge who can actually form and run the government.
Since 1989, coalition politics has increased the importance of presidential discretion. In four elections from 1989 to 1998, no single party/coalition attained a majority. Presidential intervention was required either to constitute governments or to grant dissolution requests. Text states: "presidential discretion is related to political conditions."
**Why a President is needed in a parliamentary system:** The Council of Ministers depends on majority support and can be removed at any time. A fixed-term Head of State is needed to appoint the Prime Minister and symbolically represent the entire country. When no party has a clear majority, the President has the additional responsibility of choosing the Prime Minister.
All key facts
›Election: indirect — by elected MLAs and MPs; proportional representation with single transferable vote
›Term: 5 years
›Removal: impeachment by Parliament with special majority; only ground = violation of Constitution
›Nehru's description: "neither reigns nor governs" — a "great figurehead"
›Powers exercised on advice of Council of Ministers in most cases
›Three discretionary situations: reconsideration of advice, pocket veto, appointment of PM in hung Parliament
›Pocket veto: no constitutional time limit for returning a bill
›Veto is limited: if Parliament re-passes the same bill, President must assent
›Pocket veto does NOT apply to Money Bills
›Articles 52 to 78 in Part V of the Constitution deal with the Union executive.
›The Union executive consists of the President, Vice-President, Prime Minister, Council of Ministers, and Attorney General of India.
›The President is the first citizen of India and acts as the symbol of unity, integrity, and solidarity of the nation.
›The electoral college for the President includes elected members of both Houses of Parliament, elected members of State Legislative Assemblies, and elected members of the Legislative Assemblies of Delhi and Puducherry.
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamblecabinet committees
Powers and Functions of the Vice-President
›The Vice-President is elected by an electoral college consisting of the members of both Houses of Parliament (both elected and nominated members).
›The election method uses proportional representation by means of the single transferable vote, with voting by secret ballot.
›All disputes and doubts regarding Vice-President election are inquired into and decided by the Supreme Court, whose decision is final.
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The Vice-President of India holds the second highest office in the country and has two primary functions. First, the Vice-President acts as ex-officio Chairman of the Rajya Sabha (Council of States), in which capacity the Vice-President's powers and functions are similar to those of the Speaker of the Lok Sabha. Second, the Vice-President acts as President when a vacancy occurs in the office of the President due to resignation, impeachment, death, or other causes. When acting as President due to a vacancy, the Vice-President can serve only for a maximum period of six months, within which a new President must be elected. Additionally, when the sitting President is unable to discharge functions due to absence, illness, or any other cause, the Vice-President discharges the President's functions until the President resumes office. While the Vice-President acts as President or discharges presidential functions, the Deputy Chairman of the Rajya Sabha performs the duties of the Chairman. The Constitution has not assigned any significant function to the Vice-President beyond these two roles. Unlike the American Vice-President who succeeds to the presidency when it falls vacant, the Indian Vice-President merely serves as an acting President until a new President assumes charge.
All key facts
›The Vice-President is elected by an electoral college consisting of the members of both Houses of Parliament (both elected and nominated members).
›The election method uses proportional representation by means of the single transferable vote, with voting by secret ballot.
›All disputes and doubts regarding Vice-President election are inquired into and decided by the Supreme Court, whose decision is final.
›To be eligible for election as Vice-President, a person must be a citizen of India, have completed 35 years of age, be qualified for election as a member of the Rajya Sabha, and not hold any office of profit.
›A sitting President or Vice-President of the Union, the governor of any state, and a minister for the Union or any state are not deemed to hold any office of profit and are therefore qualified candidates.
›Nomination for Vice-President must be subscribed by at least 20 electors as proposers and 20 electors as seconders, with a security deposit of ₹15,000 required in the Reserve Bank of India.
›Before entering office, the Vice-President must make and subscribe to an oath or affirmation swearing to bear true faith and allegiance to the Constitution and to faithfully discharge the duties of office.
›The Vice-President must not be a member of either House of Parliament or a House of the state legislature; if elected while holding such membership, he is deemed to have vacated that seat.
›The Vice-President holds office for a term of five years from the date of entering upon office.
›The Vice-President can resign at any time by addressing resignation to the President.
›
Term of Office and Vacancy for Vice-President
›The Vice-President holds office for a term of five years from the date he enters upon his office.
›He may resign at any time by addressing a resignation letter to the President.
›Removal does not require formal impeachment; instead, a resolution passed by the Rajya Sabha by effective majority and agreed to by the Lok Sabha is required.
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The Vice-President of India holds office for a fixed term of five years from the date he enters upon his office. During this term, he may resign voluntarily or be removed through a constitutional process. The Constitution provides for removal without formal impeachment through a resolution passed by the Rajya Sabha by effective majority and agreed to by the Lok Sabha, with no grounds for removal specified. The Vice-President may continue in office beyond his five-year term until his successor assumes charge and is eligible for reelection for any number of terms. A vacancy in the office can occur through expiry of tenure, resignation, removal, death, or disqualification. When a vacancy occurs through expiration of the sitting Vice-President's term, an election must be held before that expiration. When a vacancy arises from resignation, removal, death, or other causes, an election must be held as soon as possible. A newly-elected Vice-President serves a complete five-year term from the date he assumes office.
All key facts
›The Vice-President holds office for a term of five years from the date he enters upon his office.
›He may resign at any time by addressing a resignation letter to the President.
›Removal does not require formal impeachment; instead, a resolution passed by the Rajya Sabha by effective majority and agreed to by the Lok Sabha is required.
›No grounds for removal are specified in the Constitution.
›At least 14 days' advance notice must be given before any removal resolution can be moved.
›The Vice-President can hold office beyond his five-year term until his successor assumes charge.
›He is eligible for reelection and may be elected for any number of terms.
›A vacancy may occur through: expiry of tenure, resignation, removal, death, or disqualification/void election.
›When vacancy occurs through expiration of the sitting Vice-President's term, election must be held before expiration.
›When vacancy arises from resignation, removal, death, or other causes, election must be held as soon as possible.
›A newly-elected Vice-President serves a full term of five years from the date he assumes charge.
Comparison of Indian and American Vice-Presidents
›The office of the Indian Vice-President is modelled on the lines of the American Vice-President.
›The American Vice-President succeeds to the presidency when it falls vacant and remains President for the unexpired term of his predecessor.
›The Indian Vice-President does not assume the office of President when it falls vacant for the unexpired term; he merely serves as an acting President until the new President assumes charge.
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The office of the Indian Vice-President is modelled on the American Vice-President, but there are significant structural differences in how the two offices function. While both serve as chairmen of their respective upper legislative houses, their succession mechanisms to the presidency differ fundamentally. The American Vice-President succeeds to the presidency when it falls vacant and remains President for the unexpired term of the predecessor. In contrast, the Indian Vice-President does not assume the office of President when it falls vacant for the unexpired term; instead, he merely serves as an acting President until a new President assumes charge through fresh election. This distinction reflects different constitutional designs and the Indian Constitution's approach to maintaining presidential continuity through formal elections rather than automatic succession. The source notes that because the Indian Vice-President lacks a permanent succession role, some scholars have termed the office "His Superfluous Highness," though it was created with the view to maintain the political continuity of the Indian State.
All key facts
›The office of the Indian Vice-President is modelled on the lines of the American Vice-President.
›The American Vice-President succeeds to the presidency when it falls vacant and remains President for the unexpired term of his predecessor.
›The Indian Vice-President does not assume the office of President when it falls vacant for the unexpired term; he merely serves as an acting President until the new President assumes charge.
›Both the Indian Vice-President and the American Vice-President act as chairmen of their respective upper legislative houses (Rajya Sabha and Senate respectively).
›The Indian Vice-President can act as President only for a maximum period of six months within which a new President has to be elected.
›Some scholars call the Indian Vice-President "His Superfluous Highness" because the Constitution has not assigned any significant function to the Vice-President in that capacity.
›The office of Indian Vice-President was created with a view to maintain the political continuity of the Indian State.
vice presidentpresident
Election of Vice-President
›The Vice-President is elected by indirect election, not directly by the people.
›The electoral college for the Vice-President consists of members of both Houses of Parliament.
›This electoral college includes both elected and nominated members of Parliament.
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The Vice-President of India is elected indirectly by an electoral college, similar to the President's election but with key differences in its composition. This electoral college consists of members from both Houses of Parliament, including both elected and nominated members. Notably, members of state legislative assemblies are not included in the Vice-President's electoral college. The method of election involves proportional representation by means of the single transferable vote and secret ballot. All disputes concerning the Vice-President's election are decided by the Supreme Court, whose decision is final. The validity of an election cannot be challenged on the grounds of an incomplete electoral college. If a Vice-President's election is declared void, any acts performed by them before such declaration remain valid.
To be eligible, a candidate must be a citizen of India, have completed 35 years of age, be qualified for election as a member of the Rajya Sabha, and not hold any office of profit under the Union or state government or any local or public authority. However, sitting Presidents, Vice-Presidents, state governors, and Union or state ministers are not disqualified as they are not deemed to hold an office of profit. A candidate's nomination requires subscription by at least 20 proposers and 20 seconders from the electoral college, along with a security deposit of ₹15,000.
All key facts
›The Vice-President is elected by indirect election, not directly by the people.
›The electoral college for the Vice-President consists of members of both Houses of Parliament.
›This electoral college includes both elected and nominated members of Parliament.
›It does not include members of the state legislative assemblies.
›The election method is proportional representation by means of the single transferable vote and uses a secret ballot.
›Doubts and disputes regarding the Vice-President's election are inquired into and decided by the Supreme Court.
›The Supreme Court's decision on election disputes is final.
›An election cannot be challenged on the ground that the electoral college was incomplete.
›Acts done by a Vice-President before their election is declared void by the Supreme Court are not invalidated.
›Qualifications for election include: being a citizen of India, having completed 35 years of age, and being qualified for election as a member of the Rajya Sabha.
›Candidates must not hold any office of profit under the Union government, state government, local authority, or any other public authority.
›Sitting Presidents, Vice-Presidents, state governors, and Union or state ministers are not considered to hold an office of profit for this purpose.
›**Escheat**: property accruing on death intestate without heir → vests in **state** if situated there, otherwise in **Union** (Laxmikant p.1116)
›**Sea Wealth**: Lands, minerals under ocean waters within territorial waters, continental shelf, EEZ vest in the **Union** (not states) (Laxmikant p.1116)
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The Attorney General (AG) of India, established under Article 76 of the Constitution, is the highest law officer in the country. The AG is appointed by the President and must possess qualifications equivalent to those required for a Supreme Court judge—namely, Indian citizenship and either five years as a high court judge, ten years as a high court advocate, or recognition as an eminent jurist.
The AG holds office during the pleasure of the President, with no fixed term specified in the Constitution. Conventionally, the AG resigns when the government changes, as the appointment operates on the advice of the council of ministers. The President determines the AG's remuneration, which is not constitutionally fixed.
As the chief law officer of the Government of India, the AG provides legal advice on matters referred by the President, performs other legal duties assigned by the President, and discharges functions conferred by the Constitution or law. Key assigned duties include appearing for the Government of India in Supreme Court cases, representing the Government in Article 143 references to the Supreme Court, and appearing in high courts when required.
The AG possesses significant rights in the performance of official duties: the right of audience in all Indian courts, the right to participate in parliamentary proceedings without voting rights, and all privileges and immunities available to Parliament members. However, these rights are balanced by limitations designed to prevent conflicts of duty. The AG cannot advise or represent against the Government, cannot defend criminal accused without permission, cannot accept corporate directorships without approval, and cannot advise government ministries or public sector undertakings except through the Ministry of Law and Justice.
Importantly, the AG is not a full-time government counsel and is not classified as a government servant, permitting private legal practice. The AG is distinct from other law officers like the Solicitor General and Additional Solicitor General (created by executive decision, not Constitution) and is not a member of the Central Cabinet—a separate law minister handles government legal affairs.
›**Escheat**: property accruing on death intestate without heir → vests in **state** if situated there, otherwise in **Union** (Laxmikant p.1116)
›**Sea Wealth**: Lands, minerals under ocean waters within territorial waters, continental shelf, EEZ vest in the **Union** (not states) (Laxmikant p.1116)
›**Article 300**: Government of India sues/is sued as "Union of India"; states as "State of [name]" (Laxmikant p.1117)
›Government suable for **contracts** (since East India Company days); NOT suable for torts in sovereign functions (Laxmikant p.1117)
›**Contracts (Article 299)**: Must be expressed to be made by President/Governor; executed on behalf of President/Governor; in prescribed manner. Failure = void and unenforceable. President/Governor and officer NOT personally liable (Laxmikant p.1117–18)
›**P&O Steam Navigation Company case (1861)**: established sovereign vs non-sovereign functions distinction — government not liable in tort for sovereign functions (Laxmikant p.1118)
›**Kasturilal case (1965)**: SC reaffirmed sovereign immunity doctrine (Laxmikanth p.1118)
›**Nagendra Rao case (1994)**: SC criticized sovereign immunity doctrine; said "barring a few functions, the State cannot claim any immunity" (Laxmikanth p.1119)
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamblefundamental rights constitutional status
›Nominated members of Parliament or State Legislative Assemblies, members of State Legislative Councils, and nominated members of Delhi and Puducherry Assemblies do not participate in the Presidential election.
›Where a state assembly is dissolved, its members cease to be qualified to vote in the presidential election, even if fresh elections for the assembly are not held before the presidential election.
›The President's election uses a system of proportional representation by means of a single transferable vote and a secret ballot.
›To be declared elected, a candidate must secure a fixed quota of votes (absolute majority).
›All doubts and disputes related to the President's election are inquired into and decided by the Supreme Court, whose decision is final.
›The election of a person as President cannot be challenged on the ground that the electoral college was incomplete (e.g., due to vacancies).
›Acts done by a President whose election is later declared void by the Supreme Court are not invalidated and remain in force until the date of the Supreme Court's declaration.
›The President must be a citizen of India and have completed 35 years of age.
›The President must be qualified for election as a member of the Lok Sabha and must not hold any office of profit.
›A sitting President, Vice-President, Governor of any state, or Union/State minister is not deemed to hold an office of profit for presidential election qualification.
›Nomination for the President requires at least 50 electors as proposers and 50 electors as seconders.
›A security deposit of ₹15,000 in the Reserve Bank of India is required for nomination, which is forfeited if the candidate fails to secure one-sixth of the votes polled.
›Before 1997, the number of proposers and seconders was ten each and the amount of security deposit was ₹2,500. In 1997, they were increased to discourage non-serious candidates.
›The President takes an oath to faithfully execute the office; to preserve, protect and defend the Constitution and the law; and to devote to the service and well-being of the people of India.
›The oath of office is administered by the Chief Justice of India, or in their absence, the seniormost Supreme Court judge available.
›The President cannot be a member of either House of Parliament or a State Legislature; if elected, they are deemed to have vacated their seat.
›The President is entitled to their official residence (Rashtrapati Bhavan) without rent and emoluments, allowances, and privileges determined by Parliament.
›The President's emoluments and allowances cannot be diminished during their term of office.
›In 2018, the President's salary was increased from ₹1.50 lakh to ₹5 lakh per month.
›In 2008, the pension of the retired President was increased from ₹3 lakh per annum to 50% of his salary per month.
›Former Presidents are entitled to furnished residence, phone facilities, car, medical treatment, travel facility, secretarial staff and office expenses up to ₹1,00,000 per annum.
›The spouse of a deceased President is entitled to a family pension at the rate of 50% of pension of a retired President, furnished residence, phone facility, car, medical treatment, travel facility, secretarial staff and office expenses up to ₹20,000 per annum.
›The President enjoys personal immunity from legal liability for official acts and from criminal proceedings during their term. They cannot be arrested or imprisoned during their term.
›Civil proceedings can be instituted against the President for personal acts during their term, but only after giving two months' notice.
›The President is eligible for re-election for any number of terms.
›The President can hold office beyond his term of five years until his successor assumes charge.
›Unlike the USA, a person can be elected to the office of President more than twice (unlimited re-election possible in India).
›The ground for impeachment, 'violation of the Constitution,' is not explicitly defined in the Constitution.
›Impeachment charges can be initiated by either House of Parliament, signed by one-fourth of the members of that House, with 14 days' notice to the President.
›If passed by a two-thirds majority of the total membership of the initiating House, the resolution is sent to the other House for investigation.
›The President has the right to appear and be represented during the investigation of impeachment charges.
›If the second House also passes the impeachment resolution by a two-thirds majority of its total membership, the President is removed from office from that date.
›Nominated members of Parliament can participate in the impeachment process, even though they do not participate in the election.
›Elected members of State Legislative Assemblies
The Vice-President can be removed by a resolution passed by a majority of all then members of the Rajya Sabha and agreed to by the Lok Sabha, with at least 14 days' advance notice required; no ground for removal is specified in the Constitution.
›The Vice-President is eligible for reelection and may be elected for any number of terms.
›A vacancy in the Vice-President's office occurs on expiry of tenure, resignation, removal, death, or disqualification.
›In 2018, Parliament increased the salary of the Chairman of the Rajya Sabha from ₹1.25 lakh to ₹4 lakh per month; in 2008, the pension of retired Vice-Presidents was increased from ₹20,000 per month to 50% of salary per month.
›When the Vice-President acts as President or discharges presidential functions, he is not entitled to the salary or allowance of the Chairman of Rajya Sabha but receives the salary and allowance of the President.
A nomination requires 20 electors as proposers and 20 electors as seconders.
›A security deposit of ₹15,000 is required, to be made in the Reserve Bank of India.
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**Common Cause case (1999)**: SC rejected sovereign immunity rule; said distinction between sovereign/non-sovereign functions "very outmoded" (Laxmikanth p.1120)
›**Prisoner's Murder case (2000)**: SC ruled Kasturilal "no longer of any binding value" (Laxmikanth p.1121)
›**President/Governor immunity**: cannot be sued for official acts during or after term; no criminal proceedings during term even for personal acts; civil proceedings possible during term with **2 months' advance notice** (Laxmikanth p.1121–22)
›**Ministers**: No immunity for official or personal acts; not required to countersign President's/Governor's acts (unlike UK) (Laxmikanth p.1122)
›**Judicial Officers**: Protected by Judicial Officers Protection Act (1850) — no civil court liability for official acts (Laxmikanth p.1122)
›Civil servants: personal immunity for official contracts (not personally liable); civil proceedings against them require **2 months' advance notice** (Laxmikanth p.1123)
›**Citizens are full members of the Indian State** and owe allegiance to it. They enjoy all civil and political rights. Aliens do not enjoy all civil and political rights (M. Laxmikanth, ch06-citizenship)
›**Two categories of aliens**: friendly aliens (subjects of countries with cordial relations with India) and enemy aliens (subjects of countries at war with India) (M. Laxmikanth, ch06-citizenship)
›**Enemy aliens** enjoy fewer rights than friendly aliens; they do not enjoy protection against arrest and detention (Article 22) (M. Laxmikanth, ch06-citizenship)
›Rights and privileges exclusively for Indian citizens (denied to aliens):
›Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15) (M. Laxmikanth, ch06-citizenship)
›Right to equality of opportunity in public employment (Article 16) (M. Laxmikanth, ch06-citizenship)
›Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19) (M. Laxmikanth, ch06-citizenship)
›Cultural and educational rights (Articles 29 and 30) (M. Laxmikanth, ch06-citizenship)
›Right to vote in elections to the Lok Sabha and state legislative assembly (M. Laxmikanth, ch06-citizenship)
›Right to contest for membership of Parliament and state legislature (M. Laxmikanth, ch06-citizenship)
›Eligibility to hold certain public offices (President, Vice-President, SC/HC judges, Governor, Attorney General, Advocate General) (M. Laxmikanth, ch06-citizenship)
›**Citizens owe duties to the Indian State**: paying taxes, respecting the national flag and anthem, defending the country (M. Laxmikanth, ch06-citizenship)
›**In India**, both a citizen by birth and a naturalized citizen are eligible for the office of President, unlike the USA where only a citizen by birth is eligible (M. Laxmikanth, ch06-citizenship)
›**System of single citizenship in India**: All citizens owe allegiance only to the Union. There is no separate state citizenship. This contrasts with federal states like the USA and Switzerland which have dual citizenship (M. Laxmikanth, ch06-citizenship)
›**Exceptions to single citizenship**: Parliament can prescribe residence within a state/union territory as a condition for certain employments under Article 16; states can provide special benefits to their residents under Article 15; freedom of movement is restricted in scheduled tribe areas under Article 19; erstwhile Jammu and Kashmir had special provisions for permanent residents under Article 35-A (now abolished in 2019) (M. Laxmikanth, ch06-citizenship)
›**Public Employment (Requirement as to Residence) Act, 1957**: Parliament authorized the Government of India to prescribe residential qualification only for appointment to non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur and Tripura. As this Act expired in 1974, such provisions exist only for Andhra Pradesh and Telangana (M. Laxmikanth, ch06-citizenship)
›**Article 35-A**: Empowered the erstwhile legislature of Jammu and Kashmir to define permanent residents and confer special rights on them regarding employment, acquisition of immovable property, settlement, and scholarships. This provision was based on the Constitution (Application to Jammu and Kashmir) Order, 1954. In 2019, this special status was abolished by the Constitution (Application to Jammu and Kashmir) Order, 2019 (M. Laxmikanth, ch06-citizenship)
›**Overseas Citizenship of India (OCI)**: Established by the Citizenship (Amendment) Ac