Public Section Preview
The President of India
2.1 Election and Qualifications
Qualifications for President (Article 58):
- Citizen of India
- Minimum age 35 years
- Eligible to be elected as a member of Lok Sabha
- Must not hold any office of profit under the Government of India/state/UT
Electoral College (Article 54): The President is elected by an Electoral College consisting of:
- Elected members of Parliament (both Lok Sabha and Rajya Sabha)
- Elected members of state Legislative Assemblies (not Councils)
- Elected members of Legislative Assemblies of Delhi and Puducherry (added after 70th Amendment 1992)
Value of Votes — The Parity Formula
To ensure proportional representation, the votes of MLAs and MPs are assigned different values so that state representation equals Parliamentary representation in the Electoral College:
- Value of MLA vote = Total population of state ÷ (Number of elected MLAs × 1000)
- Value of MP vote = Total value of all MLA votes ÷ Number of elected MPs
Election method: Single Transferable Vote (STV) with proportional representation — voters rank candidates in order of preference. This ensures the winner has broad support rather than just a plurality.
2.2 Term, Removal, and Succession
| Feature | Details |
|---|---|
| Term | 5 years from assumption of charge (Article 56) |
| Re-election | Can be re-elected any number of times |
| Resignation | Can resign to the Vice President |
| Removal | Impeachment — Article 61 |
| Vacancy (death/resignation/removal) | VP acts as President; election within 6 months |
| Impeachment initiator | Either House |
| Impeachment charge passed by | Two-thirds of total membership of each House |
| Notice required | 14 days before presenting impeachment charges |
2.3 Powers of the President
Executive Powers:
- All executive actions of the Union are expressed in his name (Article 77)
- Appoints Prime Minister, Council of Ministers, Governors, CAG, Chairman and Members of UPSC, CJI and other SC judges, CEC and Election Commissioners, Attorney General, etc.
- Receives foreign ambassadors and envoys
- Exercises supremacy over defence forces as Supreme Commander
Legislative Powers:
- Summons, prorogues Parliament; dissolves Lok Sabha
- Addresses joint sessions (Article 87)
- Assents to bills, withholds assent, or returns for reconsideration
- Promulgates Ordinances under Article 123 when Parliament is not in session
- Nominates 12 members to Rajya Sabha
Financial Powers:
- Money Bills can only be introduced in Parliament with the President's recommendation
- Budget (Annual Financial Statement) is presented to Parliament (Article 112)
- Contingency Fund of India at the President's disposal (Article 267)
Judicial Powers:
- Grants pardons, reprieves, respites, remissions, commutations under Article 72
- Appoints CJI and other Supreme Court judges
Emergency Powers:
- Proclaims National Emergency (Article 352), President's Rule (Article 356), Financial Emergency (Article 360)
2.4 Discretionary Powers of the President
In most matters the President acts on the advice of the Council of Ministers. However, there are situations where the President can exercise personal discretion:
- Appointment of PM when no party has a clear majority in Lok Sabha (hung Parliament)
- Dismissal of PM if unable to prove majority after a vote of no-confidence
- Dissolution of Lok Sabha — on PM's advice (but may be refused if PM has lost majority per constitutional convention)
- Sending back advice for reconsideration (once — 44th Amendment 1978)
- Returning ordinary bills for reconsideration (cannot return if re-passed)
2.5 Veto Powers
| Type | Description | When Used |
|---|---|---|
| Absolute/Pocket Veto | President withholds assent and keeps the bill pending indefinitely | Used by President Zail Singh (1986) on Postal Bill — bill lapsed |
| Suspensive Veto | Returns bill for reconsideration; if Parliament re-passes, must give assent | Can be overridden by Parliament |
| No veto | Constitutional Amendment Bills — President must give assent (Article 368) | Cannot pocket-veto amendments |
Money Bills: No veto possible — the President either gives assent or withholds (but conventions require assent after Cabinet recommendation).
