President: election, term and impeachment
At a school annual function the chief guest gets the highest honour, yet the organisers actually run the programme. Likewise the President holds the highest honour, but the Prime Minister actually runs the government.
The President is the highest and nominal (constitutional) head of the country. The government runs in the President’s name, but the President acts on the advice of the Prime Minister and the council of ministers.
Key idea 1 : Election — Ordinary people do not vote directly for the President. The Electoral College, made up of the elected representatives of the central and state legislatures, elects the President.
Key idea 2 : Term, eligibility and oath — The term is 5 years. A candidate must be an Indian citizen of at least 35 years. The President takes an oath on accepting office: to protect the Constitution and see that the government runs as the Constitution says.
Key idea 3 : Impeachment — If the President violates the Constitution, Parliament can remove the President. One house makes the charge, the other investigates, and the resolution must pass by a two-thirds majority in both houses.
- Easy : What is the President’s term? — 5 years.
- Medium : Can a 34-year-old Indian citizen contest for President? — No; the minimum age is 35.
- Exam-type : Do ordinary citizens vote directly for the President? — No; the Electoral College elects.
In the figure: Election by the Electoral College, a five-year term and removal by impeachment.
The President is the nominal head; the Prime Minister is the executive head.
Do not think the President is elected directly by the people; the Electoral College elects the President.
5 years, age 35, Electoral College, 2/3 for impeachment. Memory clue: ‘35 and 5’.
Spot the difference
| Point | President |
|---|---|
| Who elects | Electoral College |
| Term | 5 years |
| Minimum age of candidate | 35 years |
| Way of removal | Impeachment |
Practice questions
- 1Why is the President called the nominal head?
- 2What is the Electoral College?
- 3State the President’s term and the minimum age.
- 4What responsibility does the President promise in the oath?
- 5What is impeachment? Explain briefly.
- 6How does the impeachment process work in the two houses?
- 7Why do you think the people do not elect the President directly? Write your opinion.
- 8Write the difference between the President and the Prime Minister in two points.
Show answers (try them yourself first)
- 1Because the Prime Minister and ministers actually run the government; the President acts on their advice.
- 2The group of elected representatives of the central and state legislatures that elects the President.
- 3Term 5 years; minimum age 35 years.
- 4To protect the Constitution and see that the government runs according to it.
- 5The process by which Parliament removes the President for violating the Constitution.
- 6One house makes the charge, the other investigates; both must pass the resolution by two-thirds.
- 7With an Electoral College, the President can be said to stand for a wide body of representatives rather than one party.
- 8The President is the nominal head, elected for 5 years by the Electoral College; the Prime Minister is the executive head, the leader of the majority party.
Powers of the President and the Vice-President
The school’s annual report goes out only with the principal’s signature; without it, it is not official. The President’s signature similarly gives many government decisions their official form.
The Constitution gives the President many powers, but in practice they are used on the advice of the Prime Minister and the council of ministers. In the President’s absence the Vice-President carries out the functions.
Key idea 1 : Legislative powers — Summoning and proroguing Parliament, sending messages to the houses and dissolving the Lok Sabha. A bill passed by both houses becomes a law only with the President’s signature.
Key idea 2 : Appointments and command of the forces — The President appoints the Prime Minister and (on his or her recommendation) ministers, judges of the Supreme Court and High Courts, Governors and the Chief Election Commissioner. The President is the supreme commander of the defence forces.
Key idea 3 : Judicial powers, emergency and the Vice-President — Reducing, pardoning or suspending a sentence; declaring a national, state or financial emergency. The Vice-President is elected by the members of both houses of Parliament.
- Easy : Who appoints the judges of the Supreme Court? — The President.
- Medium : What happens to a bill if the President does not sign? — It does not become a law.
- Exam-type : Name the three kinds of emergency. — National, state and financial.
In the figure: Legislative powers, appointments, command of the forces and judicial powers, and emergency.
The President runs the government on the advice of the Prime Minister and the council of ministers.
Do not think the President uses all powers at personal will; they are used on the advice of the ministers.
Five roles: signature, appointments, command, pardon, emergency. Memory clue: the five words signature-appointment-command-pardon-emergency.
Spot the difference
| Type | Example |
|---|---|
| Legislative | Signing a bill, summoning Parliament |
| Appointment | Governors, judges |
| Forces | Supreme commander |
| Judicial | Pardoning or reducing a sentence |
| Emergency | National, state, financial |
Practice questions
- 1Whom does the President appoint? Give two examples.
- 2Who is the supreme commander of the defence forces?
- 3What are the kinds of emergency?
- 4State two legislative powers of the President.
- 5What are the President’s judicial powers?
- 6Who elects the Vice-President and what is one function?
- 7Explain why the President’s signature on a bill is necessary.
- 8The powers are used on the ministers’ advice; show with one example.
Show answers (try them yourself first)
- 1The Prime Minister, ministers, judges, Governors, the Chief Election Commissioner — any two.
- 2The President.
- 3National, state and financial emergency.
- 4Summoning, proroguing Parliament, dissolving the Lok Sabha, signing bills.
- 5Reducing, pardoning or suspending a sentence.
- 6The members of both houses of Parliament; carrying out the President’s functions in the President’s absence.
- 7Because without the signature a bill does not become law; it gives the law its final form.
- 8Decisions like appointing judges are made on the government’s recommendation; the real decision lies with the ministers.
Prime Minister and the council of ministers
In a game the captain picks the team, decides each player’s role and keeps everyone together. The Prime Minister leads the council of ministers in much the same way.
The party with a majority in the election chooses its leader as Prime Minister, who forms a council of ministers from trusted colleagues. The Prime Minister and the council actually run the country.
Key idea 1 : Functions of the Prime Minister — Forming the council of ministers, allotting portfolios, chairing meetings, coordinating and supervising departments, raising the country’s image abroad and supporting disaster victims.
Key idea 2 : Functions of the council of ministers — Deciding policy on subjects like education, agriculture, industry, health and foreign relations, placing policies and draft laws before Parliament for approval and carrying out the approved policies.
Key idea 3 : Membership and size — The Prime Minister and ministers should be members of Parliament; if not, they must get elected within six months. The total number of ministers must not exceed 15% of the Lok Sabha’s strength.
- Easy : Who allots portfolios to ministers? — The Prime Minister.
- Medium : With 543 Lok Sabha members, how large can the council of ministers be at most? — 15% of 543 is about 81.
- Exam-type : What if a minister is not a member of Parliament? — The minister must get elected within six months.
In the figure: The majority party’s leader becomes Prime Minister, picks the ministers and allots portfolios.
In 2003 the 91st Amendment was made. There was a trend of very large councils of ministers; to check it, a rule was made that the number of ministers may be at most 15% of the Lok Sabha’s strength.
A very large council of ministers is called a ‘jumbo ministry’; it now has a 15% limit.
The Prime Minister cannot take any number of ministers; the limit is 15% of the Lok Sabha’s strength.
Majority → leader → ministers → portfolios; limit 15%. Memory clue: ‘ministers stay within 15 per cent’.
Spot the difference
| Point | Prime Minister | Council of ministers |
|---|---|---|
| Who | Leader of the majority party | Trusted colleague ministers |
| Main work | Leading, allotting portfolios, coordinating | Policy, drafts, implementation |
| Responsible to | The legislature | The legislature (collectively) |
Practice questions
- 1Who becomes the Prime Minister?
- 2Who allots portfolios to ministers?
- 3What is a jumbo ministry?
- 4State any three functions of the Prime Minister.
- 5State the functions of the council of ministers.
- 6Why was the size of the council of ministers limited?
- 7What does the Prime Minister consider while choosing ministers?
- 8State the difference and link between the council of ministers and the Prime Minister.
Show answers (try them yourself first)
- 1The leader of the party that wins a majority.
- 2The Prime Minister.
- 3A very large council of ministers.
- 4Forming the council, allotting portfolios, chairing meetings, coordinating departments — any three.
- 5Deciding policy, getting Parliament’s approval and implementing the policies.
- 6A 15% limit was set to avoid jumbo councils and keep administration efficient.
- 7The colleagues’ administrative experience, governing skill, efficiency and subject expertise.
- 8The Prime Minister leads the council; the council decides and carries out policy; both answer to the legislature.
Parliament’s control over the council of ministers
In class the teacher asks questions and if the answer is not satisfactory, there is discussion. In Parliament members similarly question the ministers.
In the parliamentary system the legislature controls the council of ministers while laws and policies are made and carried out, and asks for an account afterwards too.
Key idea 1 : Discussion and debate — Through debate on bills and policies, members point out their flaws, which helps make flawless laws.
Key idea 2 : Question Hour and Zero Hour — Proceedings begin with members’ questions and the minister must reply satisfactorily. In Zero Hour, around noon, any question of public importance can be raised.
Key idea 3 : No-confidence motion — A government stays only while it has majority support in the Lok Sabha. If a motion of ‘no confidence’ is passed by a majority, the council of ministers must resign.
- Easy : When is Question Hour held? — At the start of the proceedings.
- Medium : What can be done in Zero Hour? — A question of public importance can be raised.
- Exam-type : What if a no-confidence motion is passed? — The council of ministers must resign.
In the figure: Debate, Question Hour, Zero Hour and no-confidence motion — four ways of control.
What happened before the 1999 confidence vote? In April 1999 the AIADMK withdrew its support from the Vajpayee government, and the Prime Minister asked the Lok Sabha for a vote of confidence.
What happened after the 1999 confidence vote? On 17 April 1999 the government lost the vote by a single vote (269 to 270) and had to resign. Fresh elections followed, and Vajpayee became Prime Minister again in October 1999.
The most effective way is the no-confidence motion, because it can remove the government itself.
Question Hour and Zero Hour are not the same; in the first ministers are asked for answers, in the second matters of public importance are raised.
Debate – question – zero – no-confidence. Memory clue: the four first letters D-Q-Z-N.
Spot the difference
| Way | Use |
|---|---|
| Debate | Pointing out flaws in policy |
| Question Hour | Asking ministers for answers |
| Zero Hour | Raising matters of public importance |
| No-confidence motion | Can bring the government down |
Practice questions
- 1What is Question Hour?
- 2When is Zero Hour?
- 3What happens when a no-confidence motion is passed?
- 4What is the benefit of debate and discussion?
- 5What does it mean that Parliament controls the ministers?
- 6State the difference between Question Hour and Zero Hour.
- 7Why is the no-confidence motion considered the most effective way?
- 8Write three suggestions on what members should do to take part effectively in Parliament.
Show answers (try them yourself first)
- 1At the start of the proceedings members put questions and ministers answer.
- 2Around 12 noon.
- 3The council of ministers must resign.
- 4Members point out flaws in policy and the laws become flawless.
- 5The ministers last only with Parliament’s confidence and must answer to it.
- 6In Question Hour ministers are questioned; in Zero Hour any matter of public importance can be raised.
- 7Because it can send the council of ministers out of power.
- 8Study the issues, prepare questions well, follow the rules in debate.