Indian Polity — The President of India
1. Introduction
- The President of India is a nominal executive.
- He/She acts as a figurehead and represents the nation's unity.
KNOWLEDGE NUGGET
- Nominal Executive: The President is the constitutional head of the state.
- Real Executive: The Prime Minister is the real head of the government.
- Article 52: There shall be a President of India.
2. Election
- Electoral College:
- Elected members of both the Houses of Parliament
- Elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Puducherry
- Members of the Electoral College vote for the President in a system of proportional representation using a single transferable vote.
- The candidate who receives the majority of votes in the electoral college is elected as the President of India.
KEY POINTS
- Proportional Representation: Single Transferable Vote system.
- Secret Ballot: Voting is conducted by secret ballot.
- Nominated Members: Nominated members of Parliament and State Legislatures do NOT participate.
- Value of Vote: Value of vote of an MLA = (Population of State) / (Number of elected MLAs in State) × 1000.
3. Qualifications
- Must be a citizen of India (by Birth or Naturalization).
- Must be at least 35 years of age.
- Meet the qualifications to be a member of the Lok Sabha.
- Not hold any office of profit under the Union or state government or any local or other public authority.
EXCEPTION
The President, Vice-President, Governor, and Ministers are exempted from the 'office of profit' disqualification during their tenure.
The President, Vice-President, Governor, and Ministers are exempted from the 'office of profit' disqualification during their tenure.
4. Term, Resignation, Removal, and Vacancy
- The President serves a term of five years from the date they take office.
- A vacancy can happen in the following ways:
- On the expiry of his tenure of five years
- By his resignation
- On his removal by the process of impeachment
- By his death
- When he gets disqualified to hold office
- His election is declared void
- Resignation: They can resign anytime by sending a resignation letter to the Vice-President.
- Removal: They can be removed from office through the process of impeachment before the completion of their term.
- Re-election: The President can remain in office until their successor takes over and is eligible for re-election for any number of terms.
IMPEACHMENT PROCESS
- Grounds: Violation of the Constitution.
- Initiation: Resolution can be moved in either House of Parliament with at least 1/4th of the total members signing a notice (14 days' notice required).
- Majority Required: 2/3rd majority of the total membership of the House.
- No President has been impeached so far in India.
5. Powers of the President
Legislative Powers
- Appoints the Prime Minister and other ministers.
- Can summon or prorogue a session of the Parliament and dissolve the Lok Sabha.
- Can address the Parliament at the commencement of the first session after the general election and the first session of each year.
- Can summon a joint sitting (Article 108) of both Houses of Parliament, presided over by the Speaker of the Lok Sabha.
- Decides upon the question of disqualification of MPs (in anti-defection cases, it is done by the Presiding Officer of the House).
- Nominates 12 members to the Rajya Sabha (persons with special knowledge or practical experience in literature, science, art, and social service).
- Previous recommendation or permission is needed for introducing bills involving expenditure from the Consolidated Fund of India, alteration of boundaries of states, or creation of a new state.
- Assent to Bills:
- Give his assent to the bill
- Withhold his assent to the bill
- Return the bill (if not a Money Bill or Constitutional Amendment Bill) for reconsideration
- State Bills: When a state bill is reserved by the Governor, the President can:
- Give his assent
- Withhold his assent
- Direct the Governor to return the bill (if not a Money Bill) for reconsideration
- Ordinance Power (Article 123): Promulgate ordinances when both Houses of Parliament are not in session. Valid for a maximum of 6 months and 6 weeks.
Executive Powers
- All executive actions of the Government of India are formally taken in his/her name.
- Power to declare any area as a scheduled area and powers concerning the administration of scheduled areas and tribal areas.
- Directly administers the Union Territories through administrators appointed by him.
- Can appoint an Inter-State Council (Article 263) to promote Centre-state and inter-state cooperation.
Judicial Powers
- Can seek advice from the Supreme Court on any question of law or fact. The advice tendered by the Supreme Court is not binding on the President.
- Pardoning Power (Article 72): Can grant pardon, reprieve, respite, and remission of punishment, or suspend, remit, or commute the sentence of any person convicted of any offence in all cases:
- Where the punishment or sentence is by a court martial
- Where the punishment or sentence is for an offence against a Union law
- Where the sentence is a sentence of death
TYPES OF PARDONING POWERS
| Term | Meaning |
|---|---|
| Pardon | Removes both the sentence and the conviction and completely absolves the convict. |
| Commutation | Substitution of one form of punishment for a lighter form. |
| Remission | Reducing the period of a sentence without changing its character. |
| Respite | Awarding a lesser sentence in place of one originally awarded due to some special fact. |
| Reprieve | Stay of the execution of a sentence (especially death) for a temporary period. |
Financial Powers
- Lays down the Annual Financial Statement (Article 112) before Parliament.
- Can make advances out of the Contingency Fund of India (Article 267(1)) to meet unforeseen expenses.
- Constitutes a Finance Commission (Article 280) every five years to recommend the distribution of taxes between the Centre and the States.
- No demand for a grant can be made except on his recommendation.
Military Powers
- The Supreme Command of the Defence Force is vested in the President and exercises it in accordance with law.
- Appoints the chiefs of the Army, the Navy, and the Air Force.
- Can declare war or conclude peace, subject to the approval of the Parliament.
6. President and Governor — Comparison
| Feature | President | Governor |
|---|---|---|
| Head | Head of the country | Head of a state |
| Election | Indirectly elected by an electoral college | Nominated by the President; representative of the Union in states |
| Removal | Can be removed by impeachment | The President can remove him at any time |
| Money Bills | Can't send Money Bills for reconsideration | Can't send Money Bills for reconsideration |
| Pardoning Power | Can pardon death sentences and court-martial sentences | Can't pardon death sentence, no role in military matters |
| Article | Article 111 — Assent to bills | Article 200 — Assent, withhold, or reserve for President |
7. Summary: President of India at a Glance
| Aspect | Details |
|---|---|
| Article | 52-78 |
| Nature | Nominal Executive |
| Election | Proportional Representation (Single Transferable Vote) |
| Term | 5 years |
| Age | 35+ years |
| Impeachment | 2/3 majority of total membership of the House |
| Ordinance | Article 123 — Valid for 6 months + 6 weeks |
| Pardoning Power | Article 72 — Pardon, Commutation, Remission, Respite, Reprieve |
Key Takeaways for UPSC
- Article 52: There shall be a President of India.
- Nominal Executive: President is the constitutional head; Prime Minister is the real executive.
- Election: Proportional Representation with Single Transferable Vote — Electoral College includes elected MPs and MLAs.
- Impeachment: 2/3 majority of total membership — No President has been impeached so far.
- Ordinance (Article 123): Maximum validity of 6 months + 6 weeks.
- Pardoning Power (Article 72): Pardon, Commutation, Remission, Respite, Reprieve.
- Veto Power: Absolute Veto, Suspensive Veto, Pocket Veto (no time limit).
- No Power: President cannot return a Money Bill for reconsideration.
High-Yield Interactive UPSC Quiz (The President of India)
Q1. The President of India is elected by which system?
Correct Answer: B. The President is elected by proportional representation using a single transferable vote.
Q2. Which Article deals with the ordinance making power of the President?
Correct Answer: C. Article 123 deals with the ordinance making power of the President, which can be promulgated when Parliament is not in session.
Q3. The President can be removed from office through:
Correct Answer: B. The President can be removed from office through the process of impeachment for violation of the Constitution.
Q4. What is the maximum validity of an ordinance promulgated by the President?
Correct Answer: C. An ordinance is valid for a maximum period of 6 months and 6 weeks (6 weeks from the reassembly of Parliament).
Q5. The President's pardoning power is provided under:
Correct Answer: C. Article 72 gives the President the power to grant pardons, reprieves, respites, or remissions of punishment.
Q6. Which of the following is NOT a qualification for the President of India?
Correct Answer: C. The President need not be a member of Parliament. He/She must be qualified to be a member of the Lok Sabha.
Q7. The President can nominate how many members to the Rajya Sabha?
Correct Answer: C. The President nominates 12 members to the Rajya Sabha who have special knowledge or practical experience in literature, science, art, and social service.
Q8. Which of the following is the correct meaning of 'Commutation'?
Correct Answer: B. Commutation denotes the substitution of one form of punishment for a lighter form.
Q9. The Electoral College for the President includes:
Correct Answer: B. The Electoral College includes elected members of both Houses of Parliament and elected members of State Legislative Assemblies (and UTs of Delhi and Puducherry).
Q10. The President can return a bill for reconsideration only if it is NOT a:
Correct Answer: B. The President cannot return a Money Bill or a Constitutional Amendment Bill for reconsideration.