The President of India occupies the highest constitutional office in the country and serves as the head of the Indian State. As the nominal executive authority, the President is regarded as the first citizen of India and symbolizes the unity, integrity, and solidarity of the nation.
Articles 52 to 78 of the Indian Constitution, found in Part V, outline the powers and responsibilities of the Union Executive, which includes the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India. Although the President exercises powers formally, they are substantively carried out on the advice of the Council of Ministers.
Election of the President
The President is not elected directly by the people but through an electoral college. This electoral college comprises the elected members of both Houses of Parliament, the elected members of the Legislative Assemblies of the states, and the elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry. Nominated members, members of State Legislative Councils, and nominated MLAs are excluded from this process.
The system of election is based on proportional representation by means of a single transferable vote and voting is conducted through a secret ballot. The vote of each elected MLA is assigned a value based on the population of the state and the total number of elected MLAs in that state. To maintain balance, the total value of votes of all MLAs is equal to the total value of votes of all elected MPs.
A candidate must secure a fixed quota of votes to be elected. If no candidate achieves the quota in the first round, votes are transferred according to the voter’s preferences until the quota is met. Disputes regarding the election are decided exclusively by the Supreme Court, whose judgment is final.
A person is eligible for election as President if they meet the following conditions:
Must be a citizen of India,
Must have completed the age of 35 years,
Must be qualified to be elected as a member of the Lok Sabha,
Must not hold any office of profit under the Government of India or any state government or local/public authority (exceptions include the sitting President, Vice-President, Governor, or Minister).
Categories
Oath
Before assuming office, the President is required to take an oath administered by the Chief Justice of India or, in his absence, by the seniormost judge of the Supreme Court available.
The oath includes a pledge to faithfully execute the office, to preserve, protect and defend the Constitution and the law, and to devote oneself to the service and well-being of the people of India.
Conditions of Office
The President cannot be a member of either House of Parliament or a state legislature. If elected, such membership is deemed vacated from the date of assuming office.
The President cannot hold any other office of profit.
The President is entitled to the official residence (Rashtrapati Bhavan) without rent and to emoluments, allowances, and privileges as determined by Parliament. The salary was revised to ₹5 lakh per month in 2018.
During their term, the President cannot be arrested or imprisoned and enjoys immunity from criminal proceedings. Civil proceedings in respect of personal acts can be instituted only after giving a two-month notice.
Term
The President of India holds office for a term of five years from the date of assuming office. However, even after the expiry of the term, the President continues to hold office until a successor takes charge. There is no restriction on re-election, and a person may be elected to the office of President for any number of terms.
The President may resign from office by writing to the Vice-President. The President may also be removed from office before the expiry of the term by a process of impeachment, which can only be carried out for “violation of the Constitution.” Notably, the term “violation of the Constitution” is not defined in the Constitution itself.
Impeachment
The President can be removed from office only for “violation of the Constitution.”
The Constitution does not define what constitutes “violation of the Constitution.”
The process of impeachment is quasi-judicial and takes place in Parliament.
Initiation of Charges
Impeachment charges can be initiated in either House of Parliament.
The notice must be signed by at least one-fourth of the total members of that House.
A 14-day written notice must be given to the President.
First Stage (House where charges are introduced)
The House must pass the impeachment resolution by a two-thirds majority of its total membership.
Once passed, the resolution is sent to the other House.
Second Stage (Other House)
The second House investigates the charges.
The President has the right to appear and be represented during this investigation.
If the second House also passes the resolution by a two-thirds majority of its total membership, the President is deemed removed from office on the date the resolution is passed.
Additional Points
Nominated members of both Houses can participate in the impeachment process (unlike in the President’s election).
Elected MLAs of states and UTs do not participate in impeachment (unlike in the election process).
Powers and Functions of the President
The President of India, as the constitutional head of the Union, exercises powers under seven broad categories. While the President acts on the advice of the Council of Ministers, the office holds significant formal and ceremonial authority:
Executive Powers
All executive actions of the Union Government are formally taken in the President’s name.
The President appoints the Prime Minister and, on their advice, appoints other ministers who hold office during the President’s pleasure.
The President also appoints key constitutional authorities such as the Attorney General of India, Governors of States, the Comptroller and Auditor General (CAG), the Chief Election Commissioner and other Election Commissioners, members of the UPSC, the Chairman and members of the Finance Commission, and administrators of Union Territories.
The President may call for information from the Prime Minister and can require the Council of Ministers to reconsider decisions taken individually by a minister.
Commissions can be appointed to investigate the status of Scheduled Castes, Scheduled Tribes, and other backward classes.
The President is empowered to establish inter-state councils and administer Union Territories directly.
The President can declare areas as Scheduled or Tribal Areas and administer them accordingly.
Legislative Powers
The President is an integral part of the Parliament and has the power to summon and prorogue both Houses and dissolve the Lok Sabha.
The President addresses the first session of Parliament after a general election and the first session of each year.
The President may summon joint sittings of both Houses, send messages to Parliament, and nominate 12 members to the Rajya Sabha with expertise in literature, science, art, or social service. (The provision for 2 Anglo-Indian nominees in Lok Sabha has been repealed.)
Certain bills, such as money bills and those altering state boundaries, require the President’s prior recommendation.
Upon receiving a bill, the President may give assent, withhold assent, or return the bill (if not a money bill) for reconsideration. If the Parliament passes it again, the President must give assent.
The President can promulgate ordinances when Parliament is not in session and lays various reports (like CAG and UPSC reports) before Parliament.
Financial Powers
The President ensures that the Annual Financial Statement (Union Budget) is laid before Parliament.
No demand for a grant can be made without the President’s recommendation.
The President authorizes withdrawals from the Contingency Fund of India to meet unforeseen expenditures.
A Finance Commission is constituted by the President every five years to recommend the distribution of taxes between the Union and the states.
Judicial Powers
The President appoints the Chief Justice and other judges of the Supreme Court and High Courts.
The President may seek the Supreme Court’s advisory opinion on matters of law or fact.
Under Article 72, the President can grant pardons, reprieves, respites, or remissions, and suspend, remit, or commute punishments in specific cases.
Diplomatic Powers
The President represents India in international affairs, ratifies treaties and agreements (with Parliamentary approval), and appoints ambassadors and receives foreign envoys.
Military Powers
The President is the Supreme Commander of the Indian Armed Forces.
The President appoints the Chiefs of the Army, Navy, and Air Force.
War or peace can be declared by the President with the prior approval of Parliament.
Emergency Powers
During a National Emergency under Article 352, the President may assume greater control over state functions.
Under President’s Rule (Article 356), the President takes over state administration.
During a Financial Emergency (Article 360), the President can direct financial regulations across states and Union institutions.
Veto Power
Under Article 111 of the Constitution, the President of India has the authority to exercise veto power when a bill is presented for assent after being passed by Parliament. The President has three options:
Grant assent to the bill.
Withhold assent — known as Absolute Veto.
Return the bill for reconsideration — known as Suspensive Veto (not applicable to Money Bills).
If the Parliament passes the returned bill again, with or without amendments, the President is constitutionally obliged to give assent.
India does not follow the Qualified Veto system that is found in the United States. Instead, the Indian President has the following three types of veto powers:
Absolute Veto: This is exercised when the President withholds assent completely, causing the bill to lapse. It is typically used against private member’s bills or bills passed by a resigning government.
Suspensive Veto: The President returns a bill for reconsideration. If the bill is passed again by a simple majority in both Houses, the President must assent to it.
Pocket Veto: This occurs when the President takes no action on the bill. Since the Constitution does not prescribe a time limit, the President can indefinitely withhold the bill. For example, President Zail Singh exercised the pocket veto in 1986 over the Indian Post Office (Amendment) Bill.
The President does not have veto power over Constitutional Amendment Bills, as the 24th Constitutional Amendment Act (1971) made Presidential assent mandatory in such cases.
Veto in State Legislation
When a bill passed by a State Legislature is reserved by the Governor for Presidential consideration, the President may:
Give assent,
Withhold assent, or
Direct the Governor to return the bill (if it is not a money bill) for reconsideration by the State Legislature.
Even if the State Legislature passes the bill again, the President is not bound to give assent.
The Constitution also does not specify a time frame for Presidential action on state bills, so the Pocket Veto can be applied here as well.
Ordinance-Making Power of the President
Under Article 123 of the Constitution, the President has the authority to promulgate ordinances when either or both Houses of Parliament are not in session. These ordinances carry the same legal weight as laws passed by Parliament, but they are temporary in nature.
Key Features and Limitations:
The President may issue an ordinance only when satisfied that immediate legislative action is necessary and Parliament is not in session.
This power is not discretionary; it must be exercised based on the advice of the Council of Ministers headed by the Prime Minister.
Once Parliament reconvenes, the ordinance must be laid before both Houses and must be approved within six weeks; otherwise, it ceases to operate.
The maximum life of an ordinance can be six months and six weeks, accounting for the maximum gap between two sessions.
If both Houses disapprove the ordinance before the six-week deadline, it lapses immediately.
The President can withdraw the ordinance at any point before its expiration.
An ordinance can be retrospective and may amend or repeal existing laws, but it cannot amend the Constitution.
Judicial Review and Safeguards:
In the Cooper Case (1970), the Supreme Court ruled that the President’s satisfaction in promulgating an ordinance is subject to judicial review on grounds of mala fide intent.
The 38th Constitutional Amendment (1975) made the President’s satisfaction immune from judicial review, but this protection was removed by the 44th Amendment (1978).
In the D.C. Wadhwa Case (1987), the Supreme Court held that repeated re-promulgation of the same ordinance without placing it before the legislature is unconstitutional and a fraud on the Constitution.
Legislative Context:
Dr. B.R. Ambedkar explained in the Constituent Assembly that ordinance-making powers were granted to handle sudden and urgent situations during Parliament’s recess. This power is not connected to the proclamation of emergency under Article 352 and can be exercised independently.
Pardoning Power of the President
Under Article 72 of the Constitution, the President of India is empowered to grant pardons and exercise clemency powers in specific cases. This authority is an executive function and is distinct from judicial review. The purpose of this power is to correct potential judicial errors or provide relief in cases of undue harshness.
Scope of Article 72
The President can exercise this power in the following circumstances
When the punishment is for an offence against a Union law.
When the sentence is imposed by a court martial (military tribunal).
When the sentence is that of death.
Types of Pardoning Powers
Pardon: Completely absolves the person from all legal consequences of the offence, removing both the conviction and the sentence.
Commutation: Substitutes a severe punishment with a lesser one, e.g., death sentence to life imprisonment.
Remission: Reduces the duration of the sentence without altering its nature.
Respite: Provides a reduced punishment based on special factors like age, physical condition, or pregnancy.
Reprieve: Temporarily suspends the execution of a sentence, particularly used in death penalty cases, to allow time for a clemency appeal.
Distinction from the Governor’s Power (Article 161)
The Governor of a state can also grant similar relief, but cannot pardon death sentences or military court punishments — these are exclusive to the President.
However, the Governor can suspend, remit, or commute death sentences — powers that are shared with the President.
Judicial Interpretations and Safeguards
The Supreme Court has clarified the extent and limits of the President’s pardoning power:
There is no right to an oral hearing in mercy petitions.
The President can re-examine the case independently of the judiciary.
Decisions are made based on the advice of the Union Cabinet.
The President is not bound to provide reasons for granting or denying clemency.
The exercise of this power is subject to judicial review only if it is arbitrary, irrational, mala fide, or discriminatory.
This power allows the President to function as the final constitutional safeguard against miscarriages of justice, and serves as an important tool for infusing mercy and humanity into the administration of law.
