Appointment of President, Vice-President, and Governors under the Constitution of India: A Legal Analysis

Introduction

The Indian Constitution establishes a federal parliamentary system where the Union and the States have their own executive heads. At the Union level, the President of India is the constitutional head, while the Vice-President occupies a dual role as the second highest constitutional authority and as the ex-officio Chairperson of the Rajya Sabha. At the State level, the Governor acts as the constitutional head.

The procedure for appointment of these dignitaries is carefully laid out in the Constitution of India, ensuring democratic legitimacy, political neutrality, and federal balance. Judicial interpretations over time have further clarified the constitutional scheme.

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I. Appointment of the President of India

Constitutional Provisions

• Article 52 – Office of the President.

• Article 54 – Election of President.

• Article 55 – Manner of election, to secure uniformity and parity between States and the Union.

• Article 56 – Term of office (five years).

• Article 57 – Eligibility for re-election.

• Article 58 – Qualifications: citizen of India, 35 years of age, eligible to be elected as Member of Lok Sabha.

• Article 59 – Conditions of office (no office of profit, no membership of legislature).

• Article 60 – Oath of office.

• Article 62 – Time of election to fill vacancy.

Electoral College

The President is elected indirectly by an Electoral College, comprising:

1. Elected members of both Houses of Parliament.

2. Elected members of the Legislative Assemblies of States and Union Territories with legislatures.

The value of votes is determined to maintain parity between the Union and States.

Important Case Laws

1. Indira Gandhi v. Raj Narain (1975) 2 SCC 159 – Although dealing with election disputes, the Supreme Court stressed the sanctity of free and fair elections, applicable equally to presidential elections.

2. Kuldip Nayar v. Union of India (2006) 7 SCC 1 – Court upheld proportional representation and voting by means of single transferable vote, a principle also used in presidential elections.

3. Election Commission of India v. Dr. Subramanian Swamy (1996) – Reaffirmed that presidential elections must reflect the constitutional mandate of uniformity and proportionality.

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II. Appointment of the Vice-President of India

Constitutional Provisions

• Article 63 – Office of Vice-President.

• Article 64 – Ex-officio Chairman of Rajya Sabha.

• Article 65 – Functions as President in contingencies.

• Article 66 – Manner of election:

  • Elected by members of both Houses of Parliament, using proportional representation and single transferable vote.

• Article 67 – Term of office (five years).

• Article 68 – Time of election to fill vacancy.

• Article 69 – Oath of office.

Important Case Laws

1. Charan Lal Sahu v. Union of India (1990) 1 SCC 613 – While considering the President’s role, the Court observed that the Vice-President assumes crucial functions during a vacancy, underscoring the constitutional continuity.

2. In Re: Presidential Election, 1974 (1974) 2 SCC 33 – Though concerning presidential elections, the Court clarified aspects of proportional representation and single transferable vote, equally applicable to Vice-President’s election.

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III. Appointment of Governors of States

Constitutional Provisions

• Article 153 – Governor for each State.

• Article 155 – Appointment by the President, by warrant under his hand and seal.

• Article 156 – Term of office (five years), but “during the pleasure of the President.”

• Article 157 – Qualifications: citizen of India, 35 years of age.

• Article 158 – Conditions of office (no office of profit, no membership of legislature).

• Article 159 – Oath of office.

Unlike the President and Vice-President, the Governor is appointed, not elected. The President appoints Governors, but in practice, the Union Council of Ministers advises the President.

Important Case Laws

1. B.P. Singhal v. Union of India (2010) 6 SCC 331 – Supreme Court held that though Governors hold office “during the pleasure of the President,” this power cannot be exercised arbitrarily. Removal must not be mala fide or based on irrelevant grounds.

2. Shamsher Singh v. State of Punjab (1974) 2 SCC 831 – Clarified that Governors are bound by the aid and advice of the Council of Ministers, except in discretionary functions.

3. Rameshwar Prasad v. Union of India (2006) 2 SCC 1 – Held that arbitrary dismissal of State governments and misuse of Governor’s report can be subject to judicial review.

4. S.R. Bommai v. Union of India (1994) 3 SCC 1 – Though relating to President’s Rule, highlighted the Governor’s constitutional responsibility and limits of discretion.

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Comparative Analysis

• Democratic Legitimacy: The President and Vice-President are indirectly elected, reflecting democratic participation. Governors, however, are centrally appointed.

• Tenure and Removal: President and Vice-President have a fixed tenure of five years, removable only by impeachment (President) or a parliamentary resolution (Vice-President). Governors, however, can be removed by the President’s “pleasure,” though subject to judicially imposed limitations.

• Constitutional Role: The President is the symbolic head of the Union, while Governors act as constitutional links between the Union and the States, often criticized for political bias.

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Conclusion

The constitutional provisions for the appointment of the President, Vice-President, and Governors reflect the delicate balance between democracy and federalism in India. Judicial pronouncements have emphasized that while political considerations may influence these appointments, constitutional morality, fairness, and federal balance must always guide the process. The evolving jurisprudence, particularly in relation to Governors, continues to shape the contours of Indian constitutional law.