Part V of Indian Constitution - The Union (I)

Introduction 

The Indian Constitution sets up a detailed system for the Union government's executive branch, with the President as the head of state. Part V, Chapter I explains how executive powers are shared, how the President and Vice-President are elected, and what rules protect these offices. While the President holds a ceremonial role, real decision-making lies with the Council of Ministers, creating a balanced system of governance. 

The President and Vice-President 

• Article 52 - The President of India 
  • Establishes that there shall be a President of India. 
• Article 53 - Executive Power of the Union 
  • Vests executive power of the Union in the President, exercised directly or through subordinate officers. 
• Article 54 - Election of President 
  • President elected by electoral college consisting of elected members of Parliament and State Legislative Assemblies. 
• Article 55 - Manner of Election of President 
  • Election by proportional representation with single transferable vote and secret ballot. 
• Article 56 - Term of Office of President 
  • President holds office for 5 years and is eligible for re-election. 
• Article 57 - Eligibility for Re-election 
  • A person who has held office as President is eligible for re-election. 
• Article 58 - Qualifications for Election as President 
  • President must be Indian citizen, 35+ years old, and qualified for Lok Sabha membership. 
• Article 59 - Conditions of President's Office 
  • President cannot be member of Parliament/State Legislature, cannot hold office of profit, entitled to official residence and emoluments. 
• Article 60 - Oath or Affirmation by the President 
  • President takes oath before Chief Justice of India to preserve, protect and defend the Constitution. 
• Article 61 - Procedure for Impeachment of the President 
  • President can be impeached for violation of Constitution by Parliament with 2/3rd majority of both Houses. 
• Article 62 - Time of Holding Election to Fill Vacancy 
  • Election to fill Presidential vacancy must be completed within 6 months. 
• Article 63 - The Vice-President of India 
  • Establishes that there shall be a Vice-President of India. 
• Article 64 - Vice-President to be Ex Officio Chairman of Council of States 
  • Vice-President serves as ex-officio Chairman of Rajya Sabha and cannot hold other office of profit. 
• Article 65 - Vice-President to Act as President 
  • Vice-President acts as President during vacancy, absence, or illness of President. 
• Article 66 - Election of Vice-President 
  • Vice-President elected by members of both Houses of Parliament by proportional representation. 
• Article 67 - Term of Office of Vice-President 
  • Vice-President holds office for 5 years and can resign or be removed by Rajya Sabha resolution. 
• Article 68 - Time of Holding Election to Fill Vice-President Vacancy 
  • Election to fill Vice-Presidential vacancy held as soon as possible after occurrence. 
• Article 69 - Oath or Affirmation by the Vice-President 
  • Vice-President takes oath before President to bear faith and allegiance to Constitution. 
• Article 70 - Discharge of President's Functions in Other Contingencies 
  • Parliament may provide for discharge of Presidential functions in contingencies not covered. 
• Article 71 - Matters Relating to Election of President or Vice-President 
  • Supreme Court decides disputes regarding Presidential/Vice-Presidential elections; acts remain valid even if election declared void. 
• Article 72 - Power of President to Grant Pardons 
  • President has power to grant pardons, reprieves, respites or remissions for Union law offences, court martial cases, and death sentences. 
• Article 73 - Extent of Executive Power of the Union 
  • Union's executive power extends to matters Parliament can legislate on and treaty obligations. 

Council of Ministers 

• Article 74 - Council of Ministers to Aid and Advise President 
  • Council of Ministers headed by Prime Minister aids and advises President; advice is binding after 44th Amendment. 
• Article 75 - Other Provisions as to Ministers 
  • Prime Minister appointed by President; Ministers appointed on PM's advice; collective responsibility to Lok Sabha; size limit of 15% of Lok Sabha. 
• Article 76 - Attorney-General for India 
  • President appoints Attorney-General qualified as Supreme Court Judge; highest law officer of India. 
  • Conduct of Government Business 
  • Article 77 - Conduct of Business of Government of India 
  • All executive action taken in President's name; President makes rules for business allocation among Ministers. 
  • Article 78 - Duties of Prime Minister as respects the President 
  • Prime Minister must communicate all Council decisions and provide information to President as required. 

Conclusion  

The executive provisions of the Indian Constitution create a sophisticated system of checks and balances that ensures both continuity of governance and democratic accountability. Through the President's ceremonial role, the Prime Minister's executive leadership, and the Vice-President's dual functions, the Constitution establishes a stable yet flexible framework for national administration. This constitutional design reflects the framers' vision of a democratic republic where power is distributed, responsibilities are clearly defined, and the rule of law prevails over individual authority.