Articles Related to the President

Key Role: The President is a constitutional head and functions on the aid and advice of the Council of Ministers (Article 74).

Election of the President (Article 54 & 55)

Elected by an Electoral College consisting of:

• Elected members of Parliament (Lok Sabha + Rajya Sabha)
• Elected members of State Legislative Assemblies (including Delhi & Puducherry).
• Nominated members of Parliament and State Legislatures CANNOT vote in the Presidential election.

Voting System – Proportional Representation & Single Transferable Vote

• MLAs & MPs have different vote values.
• Formula for MLA vote value:
  (Population of State (1971 Census) x 1000) / Total Elected MLAs
• Formula for MP vote value:
  (Total votes of MLAs in all States) / Total elected MPs
• Single Transferable Vote System – A candidate must secure more than 50% of valid votes to win.

Why Proportional Representation?

• Ensures equal representation of states.
• Avoids dominance of larger states.
• Example: In 2022, Droupadi Murmu was elected as the 15th President of India.

Qualification & Term of Office (Article 58 & 56)

To be eligible for election, a person must:

• Be a citizen of India.
• Be at least 35 years old.
• Be qualified to be a member of Lok Sabha.
• Not hold any office of profit under the government.

Term of Office:

• 5 years but eligible for re-election.
• Can resign by submitting to the Vice President.

Impeachment of the President (Article 61)

• The President can be removed for “Violation of the Constitution”.
• The process requires a special majority in both Houses of Parliament.

Impeachment Process

• A charge is initiated in either House of Parliament.
• 2/3rd majority in both Houses is needed for removal.
• The President is given the right to defend themselves.
• After approval, the President is removed from office.
• No President has been impeached so far in India.

Powers of the President

The President exercises power on the aid and advice of the Council of Ministers (Article 74).

A. Executive Powers (Article 53 & 77-78)

• All executive actions are taken in the President’s name.
• Appoints key officials:
  • Prime Minister & Council of Ministers.
  • Governors of States.
  • Chief Justice & Supreme Court Judges.
  • Chief Election Commissioner.
• Administration of Union Territories is under the President.

B. Legislative Powers (Article 85 & 111)

• Summons & prorogues Parliament.
• Dissolves the Lok Sabha.
• Nominates members to Parliament:
  • 12 members to Rajya Sabha (from literature, arts, science, social service).
  • 2 Anglo-Indians to Lok Sabha (removed by 104th Amendment, 2019).
• Gives assent to bills (Article 111) – Can return a bill once, but must approve it if passed again.
• Ordinance-Making Power (Article 123)
  • The President can issue ordinances when Parliament is not in session.
  • Ordinances must be approved by Parliament within 6 weeks of reassembly.
  • Cannot amend the Constitution through an ordinance.
  • Example: The Triple Talaq Ordinance (2018) was later passed as a law.

C. Financial Powers (Article 112-117, 280)

• Annual Budget (Article 112) is presented in the President’s name.
• All Money Bills require the President’s recommendation (Article 110).
• Appoints the Finance Commission (Article 280) every 5 years.

D. Judicial Powers (Article 72)

• Can grant pardons, reprieves, respites, or remissions of punishment.
• Clemency Powers include:
  

  Type of Clemency	Meaning
  Pardon	Completely removes punishment.
  Commutation	Reduces punishment to a lesser one.
  Remission	Reduces the sentence duration.
  Respite	Grants a lesser sentence due to special circumstances.
  Reprieve	Temporarily postpones execution.

  
  

  Example: The President rejected Yakub Memon’s mercy plea in 2015 (Mumbai blasts case).

E. Emergency Powers (Articles 352, 356, 360)

The President has special powers during emergencies:

Example: Indira Gandhi declared a National Emergency in 1975.

Veto Powers of the President

Pocket Veto is used when the President does not sign or return the bill.

Role of the President in Indian Polity

• Nominal Head but an important constitutional authority.
• Acts on aid & advice of the Council of Ministers (Article 74).
• Discretionary Powers in some cases (e.g., inviting party to form government).
• Example: In 1996, President K.R. Narayanan invited Atal Bihari Vajpayee to form the government as the largest party, despite no majority.

Key Takeaways for UPSC

• The President is the constitutional head of state (Articles 52-78).
• Elected by an Electoral College (Article 54) using Proportional Representation.
• Serves a 5-year term (Article 56), can be impeached for violating the Constitution (Article 61).
• Exercises executive, legislative, judicial, financial, and emergency powers.
• Ordinance-making power (Article 123) allows temporary law-making.
• Veto powers include Absolute, Suspensive, and Pocket Veto.