In this guide
Polity questions in CDS GK rarely ask you to explain anything. They ask who elects whom, who presides over what, which article creates a body, and how an office-holder is removed. The wrong options are usually facts that belong to a neighbouring office, so learn the offices side by side, in tables.
This guide covers the institutions. The Constitution itself (sources, parts, schedules, amendments) is in the Constitution for CDS.
The Union executive
| Point | President | Vice-President |
|---|---|---|
| Created by | Article 52 | Article 63 |
| Elected by | Elected members of both Houses of Parliament and elected members of the state Legislative Assemblies (including Delhi and Puducherry) | All members of both Houses of Parliament, elected and nominated |
| Minimum age | 35 | 35 |
| Term | Five years (Article 56) | Five years |
| Resigns to | The Vice-President | The President |
| Removal | Impeachment for "violation of the Constitution" (Article 61): two-thirds of the total membership of each House | Resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha |
| Other role | Supreme Commander of the armed forces (Article 53) | Ex officio Chairman of the Rajya Sabha (Article 64) |
Nominated MPs and members of state Legislative Councils do not vote in the President's election. Nominated MPs do vote in the Vice-President's election. That single difference is asked again and again.
The President's key powers sit in a few articles: 72 (pardon, including a death sentence and sentences by court martial), 74 (Council of Ministers to aid and advise), 123 (ordinances when Parliament is not in session) and 352, 356, 360 (emergencies). The 42nd Amendment made ministerial advice binding; the 44th let the President send it back once for reconsideration.
Prime Minister and Council of Ministers
- The President appoints the Prime Minister; other ministers are appointed on the PM's advice (Article 75).
- The Council of Ministers is collectively responsible to the Lok Sabha, not to Parliament as a whole.
- A minister who is not an MP must become one within six months.
- The 91st Amendment (2003) capped the Council of Ministers at 15% of the total strength of the Lok Sabha.
Attorney General
The Attorney General (Article 76) is the government's chief legal adviser and must be qualified to be a Supreme Court judge. The AG can speak in either House of Parliament but cannot vote (Article 88). The Solicitor General is not mentioned in the Constitution.
Parliament
Parliament is the President plus the two Houses (Article 79). The President is part of Parliament without sitting in it.
| Point | Lok Sabha | Rajya Sabha |
|---|---|---|
| Nature | House of the People; dissolved at the end of its term | Council of States; a permanent body |
| Maximum strength | 550 elected members | 250 (238 elected by state and UT assemblies, 12 nominated) |
| Term | Five years unless dissolved earlier | Members serve six years; one-third retire every second year |
| Minimum age | 25 | 30 |
| Presiding officer | Speaker, elected by the House | Vice-President as Chairman; a Deputy Chairman is elected |
The President nominates 12 members to the Rajya Sabha for literature, science, art and social service. The two seats once nominated for the Anglo-Indian community in the Lok Sabha ended with the 104th Amendment (2019). The quorum of either House is one-tenth of its total membership, and the gap between two sessions cannot exceed six months (Article 85).
Bills and the joint sitting
| Bill | Where introduced | Rajya Sabha's power | Deadlock |
|---|---|---|---|
| Ordinary bill | Either House | Full: can amend or reject | Joint sitting (Article 108) |
| Money bill (Article 110) | Lok Sabha only, on the President's recommendation | Can only recommend changes within 14 days | No joint sitting |
| Constitution amendment bill (Article 368) | Either House | Must pass by special majority | No joint sitting |
Whether a bill is a money bill is decided by the Speaker, and that decision is final. The President can return an ordinary bill once but not a money bill. A joint sitting is summoned by the President and presided over by the Speaker. It has been held only three times: 1961 (Dowry Prohibition), 1978 (Banking Service Commission Repeal) and 2002 (Prevention of Terrorism).
The judiciary
- The Supreme Court (Article 124) was inaugurated on 28 January 1950. It began with the Chief Justice and seven judges; Parliament has raised the number since.
- Supreme Court judges retire at 65; High Court judges at 62.
- A judge can be removed only for "proved misbehaviour or incapacity", by an address of both Houses passed by a special majority, followed by the President's order.
- Jurisdiction: original (disputes between the Centre and states, Article 131), writ (Article 32), appellate, and advisory (the President may refer a question, Article 143). Article 129 makes it a court of record.
- High Courts issue writs under Article 226, a wider power than Article 32 because it also covers legal rights.
- The 99th Amendment (2014) created the National Judicial Appointments Commission; the Supreme Court struck it down in 2015, so the collegium system continues.
Constitutional bodies
| Body | Article | Composition and tenure | Removal and other facts |
|---|---|---|---|
| Attorney General | 76 | One person; holds office during the President's pleasure | No fixed term |
| Comptroller and Auditor General | 148 | Six years or age 65, whichever is earlier | Removed like a Supreme Court judge; reports go to the President, then Parliament |
| Finance Commission | 280 | Chairman and four members, set up every five years | Recommends how taxes are shared between the Centre and states |
| Union Public Service Commission | 315 | Members serve six years or until 65 | Removed by the President after a Supreme Court inquiry for misbehaviour (Article 317) |
| Election Commission | 324 | Chief Election Commissioner and other commissioners; multi-member since 1993 | CEC removed like a Supreme Court judge |
| National Commission for Scheduled Castes | 338 | Chairperson, Vice-Chairperson, three members | Separate ST commission since the 89th Amendment (Article 338A) |
| National Commission for Backward Classes | 338B | Given constitutional status by the 102nd Amendment (2018) | Earlier a statutory body |
| GST Council | 279A | Chaired by the Union Finance Minister | Added by the 101st Amendment (2016) |
In the states, the Governor (Article 153) is appointed by the President and the Advocate General (Article 165) mirrors the Attorney General.
Constitutional, statutory or executive?
This is a favourite trap. A body is constitutional if an article creates it, statutory if an Act of Parliament does, and executive if a government resolution does.
| Body | Status | Source |
|---|---|---|
| NITI Aayog (2015) | Executive | Cabinet resolution; replaced the Planning Commission (also executive, 1950) |
| National Human Rights Commission | Statutory | Protection of Human Rights Act, 1993 |
| Central Vigilance Commission | Statutory since 2003 | Set up in 1964 by resolution |
| Central Information Commission | Statutory | Right to Information Act, 2005 |
| Lokpal | Statutory | Lokpal and Lokayuktas Act, 2013 |
| National Green Tribunal | Statutory | NGT Act, 2010 |
| CBI | Neither constitutional nor created by its own Act | Draws powers from the Delhi Special Police Establishment Act, 1946 |
Common confusions
- Impeachment: the word applies only to the President. Judges, the CAG and the CEC are "removed".
- Responsible to whom: the Council of Ministers answers to the Lok Sabha only.
- Article 32 vs 226: 32 is itself a Fundamental Right; 226 is wider in scope but is not.
Practice MCQs
- Who does NOT take part in electing the President? (a) Elected MPs (b) Elected MLAs of Delhi (c) Nominated members of the Rajya Sabha (d) Elected MLAs of Bihar
- A joint sitting of Parliament is presided over by the (a) President (b) Vice-President (c) Speaker (d) Prime Minister
- Who decides whether a bill is a money bill? (a) President (b) Speaker (c) Finance Minister (d) Chairman of the Rajya Sabha
- The Council of Ministers is collectively responsible to the (a) President (b) Parliament (c) Lok Sabha (d) Rajya Sabha
- The CAG is appointed under Article (a) 76 (b) 148 (c) 280 (d) 324
- The size of the Council of Ministers was capped at 15% of the Lok Sabha's strength by the (a) 42nd (b) 61st (c) 91st (d) 101st Amendment
- Which of these is a constitutional body? (a) NITI Aayog (b) NHRC (c) Finance Commission (d) Central Vigilance Commission
- The President's power to pardon is in Article (a) 61 (b) 72 (c) 123 (d) 143
- The Rajya Sabha can delay a money bill by at most (a) 7 days (b) 14 days (c) 30 days (d) six months
- Which officer can take part in Parliament's proceedings without being a member? (a) CAG (b) Attorney General (c) Chief Election Commissioner (d) Chief Justice
Answers:
- (c) Nominated members vote for the Vice-President, not the President.
- (c) The Speaker; the President only summons it.
- (b) The Speaker's certificate is final.
- (c) Article 75(3).
- (b) 76 is the Attorney General, 280 the Finance Commission, 324 the Election Commission.
- (c) 91st Amendment, 2003.
- (c) Article 280. NITI Aayog is executive; NHRC and CVC are statutory.
- (b) Article 72. Article 61 is impeachment, 123 ordinances, 143 advisory jurisdiction.
- (b) After 14 days the bill is deemed passed by both Houses.
- (b) Article 88 gives the Attorney General the right to speak, not to vote.
Revise this
- I can compare the President's and Vice-President's elections, terms and removal in one breath.
- I can name the presiding officer, strength and minimum age of each House.
- I can say where each type of bill starts and how a deadlock is broken.
- I can give the article, tenure and removal method for the eight constitutional bodies above.
- I can sort seven well-known bodies into constitutional, statutory and executive.
Once this is solid, move on to economic concepts for CDS, where the Budget (Article 112) and the Finance Commission come up again.
A note on dates and numbers. Exam patterns, vacancies and schedules change from year to year. Always confirm the current details in the latest notification on the Union Public Service Commission website .
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