THE PRESIDENT 

Constitutional Position of the President

• The President is the constitutional head of the Indian State and the first citizen of India (Article 52).
• He/She acts as a nominal executive; real powers are exercised by the Council of Ministers headed by the Prime Minister (Article 74).
• The President is also the Supreme Commander of the Defence Forces.
• As per Article 53, executive powers of the Union are vested in the President and exercised in accordance with the Constitution.

Dr. B.R. Ambedkar: “The President occupies the same position as the King under the British Constitution. He is the head of the State but not of the Executive.”

Election of the President (Articles 54–55)

Elected, not nominated, by an Electoral College comprising:

• Elected members of both Houses of Parliament.
• Elected members of the Legislative Assemblies of States and UTs (Delhi and Puducherry).
• Nominated members and MLC members are excluded.

Voting System:

• Proportional representation via single transferable vote.
• Voting is by secret ballot.
• The value of votes is calculated to maintain parity between the Centre and States.

Qualifications (Article 58)

To contest the election, a person must:

• Be an Indian citizen.
• Be 35 years or older.
• Be eligible to be elected to the Lok Sabha.
• Not hold any office of profit under the government (exceptions: sitting President, Vice President, Governor, Minister).

Term, Conditions & Oath (Articles 56–60)

• Term: 5 years from the date of entering office; can resign earlier or be removed via impeachment.
• Re-election: No limit on number of terms (unlike the USA).
• Oath: Administered by the Chief Justice of India to uphold the Constitution and serve the people of India.
• Conditions:

1. Must resign from Parliament or State Legislature.
2. Entitled to official residence (Rashtrapati Bhavan), salary, and privileges.
3. Salary cannot be reduced during tenure.

Vacancy in Office (Article 62)

Vacancy may arise due to:

• Completion of 5-year term.
• Resignation.
• Death.
• Impeachment.
• Other disqualification or election being declared void.

In case of a vacancy, the Vice-President acts as President until a new President is elected.

Impeachment of the President (Article 61)

• Ground: “Violation of the Constitution” (not defined).
• Initiation:

• By either House of Parliament.
• Must be supported by one-fourth of members.
• 14-day notice is mandatory.
• Investigation and resolution must be passed by two-thirds majority in both Houses.
• Nominated members can participate in impeachment.
• State legislatures have no role in this process.

Note: No President of India has ever been impeached.

Powers of the President of India

The President of India is the nominal executive and acts as the constitutional head of the Indian Union under Articles 52 to 78.

Executive Powers

Article 53 & 77

Executive power of the Union is vested in the President.

Appointments made by the President:

• Prime Minister and other Council of Ministers (Art. 75)
• Governors of States (Art. 155)
• Attorney General of India (Art. 76)
• Comptroller and Auditor General (Art. 148)
• Chairperson and members of UPSC, Finance Commission, Election Commission, etc.
• Chief Justice and Judges of the Supreme Court and High Courts.

Administrative Powers:

• Makes rules for the transaction of government business (Art. 77).
• Can declare any area a Scheduled Area under the Fifth Schedule.

Legislative Powers

Articles 85, 86, 87, 88, 123

• Summons, prorogues, and dissolves the Lok Sabha.
• Addresses Parliament at the commencement of the first session after each general election and each year.

Appoints:

• Pro tem Speaker of the Lok Sabha.
• 12 nominated members to Rajya Sabha from fields like literature, science, art, and social service (Art. 80).
• 2 Anglo-Indian members to Lok Sabha (now repealed by the 104th Amendment).
• Can issue ordinances when Parliament is not in session (Art. 123).
• Decides on disqualifications of MPs in consultation with the Election Commission (Art. 103).

Financial Powers

Articles 110, 112, 280

• Money Bills can only be introduced in Parliament with the President’s prior recommendation (Art. 110).
• The Annual Union Budget is laid before Parliament only after the President’s approval (Art. 112).
• Constitutes the Finance Commission every five years (Art. 280).

Judicial Powers

Articles 72, 124, 217, 143

• Appoints Chief Justice and Judges of the Supreme Court and High Courts.
• Can seek advisory opinion of the Supreme Court under Article 143.

Pardoning Powers under Article 72:

• Pardon, reprieve, respite, remission, commutation, and suspension of punishment in:

• All court-martial cases.
• Offences against Union law.
• Death sentences.

Pardon A grant of ‘Pardon’ by the President of India removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments, and disqualifications. Commutation A grant of ‘Commutation’ denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to simple imprisonment. Remission A grant of ‘Remission’ implies reducing the period of a sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year. Respite A grant of ‘Respite’ denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. Reprieve A grant of ‘Reprieve’ implies a stay of the execution of a sentence for a temporary period in order to enable the convict to have time to seek pardon or commutation from the President.

Veto Powers over Legislation

The President has three types of veto powers:

Type	Meaning	Notes & Exceptions
Absolute Veto	Withholds assent → Bill ends	Used for Private Member’s Bills or post-Cabinet resignation
Suspensive Veto	Returns bill for reconsideration	Not applicable to Money Bills
Pocket Veto	Takes no action indefinitely	India’s pocket veto has no time limit (broader than U.S.)

Veto Power over State Legislation :

Constitutional Provision	Power Given
Article 200	Governor can: Assent, Withhold, Return, or Reserve the Bill for President
Article 201	If reserved, President can: Assent, Withhold, or Direct Governor to return the Bill for reconsideration

Ordinance-Making Power of the President

Constitutional Provision: Article 123

The President of India can promulgate an ordinance when either one or both Houses of Parliament are not in session, enabling the executive to act in urgent situations requiring immediate legislation.

When Can an Ordinance Be Issued?

• Only when both Houses of Parliament are not in session, or either House is not in session.
• The President must be satisfied that circumstances exist requiring immediate action.

Note: The “satisfaction” of the President is subject to judicial review (44th Constitutional Amendment Act).

On Whose Advice?

• The President acts on the aid and advice of the Council of Ministers headed by the Prime Minister (Art. 74).

Approval and Duration:

• The ordinance must be laid before both Houses of Parliament when they reassemble.
• It ceases to operate after 6 weeks from the date of reassembly, unless approved by both Houses.
• If only one House is in session, ordinance can still be issued.
• Maximum life of an ordinance: 6 months + 6 weeks, if Parliament is not convened in the meantime.

Restrictions:

• The President cannot issue an ordinance to amend the Constitution (This power lies only with Parliament through the constitutional amendment process under Article 368).
• The ordinance-making power is coextensive with Parliament—i.e., the President can make ordinances on any subject that Parliament has the power to legislate upon.
• However, it is not parallel to Parliament’s power—it is a temporary substitute during recess.

Judicial Safeguard:

In D.C. Wadhwa v. State of Bihar (1987), the Supreme Court held that the re-promulgation of ordinances without parliamentary approval is unconstitutional.

Discretionary Powers of the President (Situational Powers)

Although the President of India is bound by the aid and advice of the Council of Ministers (Article 74), in certain exceptional circumstances, the President can exercise discretionary powers. These are not explicitly mentioned in the Constitution but have evolved through conventions and judicial interpretation.

Situations Where Discretion is Exercised:

1.Appointment of Prime Minister:

• When no party secures a clear majority in the Lok Sabha after general elections.
• On the death of a sitting Prime Minister, when there is no obvious successor.

2.Dismissal of Council of Ministers:

• If the Council of Ministers loses the confidence of the Lok Sabha and refuses to resign, the President may dismiss them.

3.Dissolution of Lok Sabha:

• The President may dissolve the Lok Sabha if the Council of Ministers loses majority and no viable alternative government can be formed.

These powers are rarely used and only in constitutional crises or exceptional political uncertainty.

FACTS

Fact	Detail
Dr. Rajendra Prasad	The only President to serve two full terms (1950–1962).
Neelam Sanjiva Reddy	Elected unopposed as President in 1977—only instance in Indian history.
Dr. Zakir Hussain	First Muslim President of India and first to die in office (1969).
V.V. Giri	Served as Acting President in 1969 after Zakir Hussain’s death before being elected as full President later.