60-second revision
- President is elected by elected MPs and elected MLAs of states, Delhi and Puducherry (Article 54); impeached only for violation of the Constitution (Article 61).
- Article 72: President's pardoning power, including death sentences and court-martial.
- Ordinances (Article 123) lapse six weeks after Parliament reassembles.
- Vice-President is ex officio Chairman of Rajya Sabha; removed by an RS resolution agreed to by the Lok Sabha.
- Council of Ministers capped at 15% of Lok Sabha strength (91st Amendment, 2003); collectively responsible to Lok Sabha.
- Lok Sabha maximum 550 elected members; Rajya Sabha maximum 250 (12 nominated).
- Joint sitting (Article 108) is chaired by the Speaker; not for Money Bills or amendment Bills.
- Speaker's decision on a Money Bill is final (Article 110); quorum is one-tenth (Article 100).
The President (Articles 52–62)
Article 52 says there shall be a President, and Article 53 vests the executive power of the Union in the President. In practice the President acts on the advice of the Council of Ministers headed by the Prime Minister (Article 74).
- Election (Articles 54–55): by an electoral college of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the states and of Delhi and Puducherry (added by the 70th Amendment, 1992). The vote uses proportional representation by single transferable vote, by secret ballot.
- Not in the electoral college: nominated MPs, nominated MLAs and members of state Legislative Councils.
- Qualifications (Article 58): citizen, at least 35 years, qualified to be a Lok Sabha member, holds no office of profit. Term is five years; resignation is addressed to the Vice-President.
- Impeachment (Article 61): only for "violation of the Constitution". Charges are brought in either House by a resolution signed by one-fourth of its members after 14 days' notice, and must be passed by two-thirds of the total membership of that House; the other House investigates and must pass it by the same majority. Nominated MPs take part; MLAs do not.
- Disputes about the election of the President or Vice-President are decided by the Supreme Court (Article 71).
Key powers of the President
| Power | Article and notes |
|---|---|
| Pardoning | Article 72: pardon, commutation, remission, respite, reprieve. Covers Union-law offences, court-martial and death sentences. |
| Ordinance | Article 123: when either House is not in session. Must be laid before Parliament and lapses six weeks after it reassembles. |
| Advice of ministers | Article 74: binding since the 42nd Amendment; under the 44th Amendment the President may send advice back once for reconsideration. |
| Veto over bills | Absolute, suspensive and pocket veto for ordinary bills. A Money Bill cannot be returned. Assent to a Constitution Amendment Bill is compulsory (24th Amendment, 1971). |
| Advisory reference | Article 143: may seek the Supreme Court's opinion. |
Vice-President (Articles 63–71)
- Ex officio Chairman of the Rajya Sabha (Article 64).
- Elected by all members of both Houses of Parliament, elected and nominated (Article 66). State legislatures play no part.
- Qualifications: citizen, at least 35 years, qualified to be a Rajya Sabha member.
- Removal (Article 67): a resolution of the Rajya Sabha passed by a majority of all its then members and agreed to by the Lok Sabha, after 14 days' notice. There is no impeachment.
Prime Minister and Council of Ministers
- Article 75: the President appoints the Prime Minister and, on the PM's advice, other ministers. The Council of Ministers is collectively responsible to the Lok Sabha.
- The 91st Amendment, 2003 caps the Council of Ministers, including the PM, at 15% of the total strength of the Lok Sabha.
- A non-member can be a minister for up to six months, within which he or she must enter Parliament.
- The Attorney General (Article 76) is the government's top law officer, qualified to be a Supreme Court judge, and may speak in either House but cannot vote.
Parliament (Article 79 onwards)
Parliament consists of the President, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The President is part of Parliament though not a member of either House.
| Lok Sabha | Rajya Sabha | |
|---|---|---|
| Maximum strength | 550 elected (530 from states, 20 from UTs); Anglo-Indian nomination ended by the 104th Amendment | 250: 238 elected from states and UTs plus 12 nominated by the President |
| How chosen | Direct election | Elected by state MLAs (single transferable vote) |
| Minimum age | 25 years | 30 years |
| Term | Five years unless dissolved earlier; can be extended by law one year at a time during a National Emergency | Permanent body, never dissolved; one-third retire every second year; members serve six years |
| Presiding officer | Speaker (elected by the House) | Vice-President as Chairman |
The 12 nominated Rajya Sabha members are people with special knowledge or practical experience of literature, science, art and social service (Article 80(3)), an idea taken from Ireland.
Law-making and procedure
- Money Bill (Article 110): introduced only in the Lok Sabha with the President's recommendation. The Speaker's certificate that a bill is a Money Bill is final. The Rajya Sabha can only recommend changes and must return it within 14 days.
- Joint sitting (Article 108): called by the President to resolve a deadlock on an ordinary bill; presided over by the Speaker. Not available for Money Bills or Constitution Amendment Bills. Held only three times: 1961 (Dowry Prohibition), 1978 (Banking Service Commission Repeal) and 2002 (Prevention of Terrorism).
- Quorum (Article 100): one-tenth of the total members of the House, including the presiding officer.
- The gap between two sessions cannot exceed six months (Article 85).
- The Speaker votes only to break a tie (casting vote) and does not vacate office when the Lok Sabha is dissolved, staying on until the new House first meets.
- Question Hour is usually the first hour of a sitting; Zero Hour is an Indian innovation not mentioned in the rules.
- A no-confidence motion can be moved only in the Lok Sabha and needs the support of 50 members; it need not state reasons.
Financial committees
| Committee | Members | Note |
|---|---|---|
| Public Accounts Committee | 22 (15 Lok Sabha + 7 Rajya Sabha) | Examines CAG reports; chaired by an opposition member by convention since 1967 |
| Estimates Committee | 30, all from Lok Sabha | Suggests economies in estimates |
| Committee on Public Undertakings | 22 (15 + 7) | Examines public sector undertakings |
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