President of India UPSC Notes: Election, Powers, Veto, Impeachment & Ordinance

President of India (Articles 52-62 & Related Provisions)

Part V (Articles 52-78): Union Executive

Union Executive (Articles 52-78)

The Union Executive consists of four constitutional authorities:

Constitutional Authority	Role
President	Nominal (Constitutional) Executive
Vice-President	Ex-officio Chairman of Rajya Sabha
Prime Minister & Council of Ministers	Real Executive
Attorney General of India	Highest Law Officer of India

President of India

The President is:

Constitutional Head of the Union Executive.
Head of the Indian State.
First Citizen of India.
Symbol of Unity, Integrity and Solidarity of the Nation.
Exercises executive powers on the aid and advice of the Prime Minister and Council of Ministers (Article 74).

Exam Trick

President = Nominal Executive

Prime Minister = Real Executive

Election of the President

The President is not directly elected by the people.

He/She is elected through an Indirect Election using:

Proportional Representation
Single Transferable Vote (STV)
Secret Ballot

PRSTV = Proportional Representation by means of Single Transferable Vote

Why Indirect Election?

The Constitution adopted an indirect election for the following reasons:

President is only the Nominal Executive, while actual executive powers are exercised by the Prime Minister.
A direct election across India would:
- Be extremely expensive.
- Consume more time and administrative resources.
- Require massive election machinery.

Psephology = Study of Elections

Electoral Systems in India

First Past the Post (FPTP)	PRSTV
Used for Lok Sabha & State Assembly elections	Used for President, Vice-President, Rajya Sabha & Legislative Council elections
Candidate with highest votes wins	Preference-based voting
Simple system	Ensures wider representation

Drawbacks of FPTP System

Can lead to Minority Rule
Winner takes all
Vote share may not match seat share
Possibility of Gerrymandering

Gerrymandering

Changing constituency boundaries to influence election results.

Delimitation

Redrawing constituency boundaries officially.

Electoral College of the President

The President is elected by an Electoral College consisting of:

Included Members
Elected Members of Lok Sabha
Elected Members of Rajya Sabha
Elected Members of State Legislative Assemblies (MLAs)
Elected MLAs of Delhi and Puducherry

Who Does NOT Vote?

The following members are not part of the Electoral College:

❌ Nominated Members of Lok Sabha
❌ Nominated Members of Rajya Sabha
❌ Nominated Members of State Legislative Assemblies
❌ Members (Elected or Nominated) of State Legislative Councils (MLCs)
❌ Nominated Members of Delhi & Puducherry Legislative Assemblies

Important Constitutional Fact

Earlier:

Article 331 allowed nomination of 2 Anglo-Indian members in Lok Sabha.
Article 333 allowed nomination of 1 Anglo-Indian member in State Assembly.

These nominations were abolished by the 104th Constitutional Amendment Act, 2019.

Dissolved Assembly and Presidential Election

If a State Legislative Assembly is dissolved:

Its members cannot vote in the Presidential Election.
The Presidential Election cannot be postponed because of an incomplete Electoral College.

Principle Behind the Electoral College

The Constitution ensures:

Uniformity among States.
Parity between the Union and the States.

This gives both levels of government equal importance in electing the President.

PRSTV (Single Transferable Vote)

Every elector receives one ballot paper.

The voter marks preferences:

1 → First Preference
2 → Second Preference
3 → Third Preference

Important Rule

First Preference is compulsory.
Without first preference ➡ Vote becomes Invalid.

How Counting Happens?

Step 1: Count all First Preference Votes. If any candidate secures the required Electoral Quota, he/she is elected.

Step 2: If nobody reaches the quota:

Candidate with the lowest first-preference votes is eliminated.
His/her second-preference votes are transferred.
This continues until one candidate crosses the quota.

Value of Votes

Unlike normal elections, Every MP and MLA vote carries a specific value.

Value of Vote of an MLA

Formula: Value of MLA Vote = (Population of State ÷ Total Elected MLAs) ÷ 1000

Important Note

Population is based on the 1971 Census (as applicable due to constitutional provisions related to delimitation, including the 84th Constitutional Amendment).

Example: Delhi Population (1971): 40,65,698 & MLAs = 70 then Value of Vote = 40,65,698 ÷ 70 ÷ 1000 ≈ 58

Value of Vote of an MP

Formula: Value of MP Vote = Total Value of Votes of all MLAs ÷ Total Elected MPs (Lok Sabha + Rajya Sabha) In the 2022 Presidential Election, Value of one MP vote = 700

Electoral Quota

A candidate must secure more than 50% of the total valid vote value.
Formula: Quota = (Total Valid Vote Value ÷ 2) + 1

2022 Example

Valid Vote Value = 10,79,756

Quota = (10,79,756 ÷ 2) + 1 = 5,39,879

Why are MLAs Included?

Some members of the Constituent Assembly suggested that only MPs should elect the President.

This proposal was rejected because:

Parliament may be dominated by one political party.
Including State MLAs makes the President a representative of both the Union and the States.

Article 71 - Election Disputes

The Supreme Court decides all disputes relating to the election of the President or Vice-President.

Important Points

Supreme Court's decision is final.
Election cannot be challenged merely because the Electoral College was incomplete.
If the election is declared void, all official acts performed before that declaration remain valid.

Qualifications for Election as President

A candidate must:

Be a Citizen of India.
Be at least 35 years old.
Be qualified for election as a Lok Sabha member.
Not hold any Office of Profit.
Nomination must be supported by: 50 Proposers & 50 Seconders
Deposit ₹15,000 with the RBI.

Security Deposit

If the candidate fails to secure one-sixth of the valid votes, the deposit is forfeited.

Previous Rule (Before 1997)

10 Proposers
10 Seconders
Deposit = ₹2,500

Oath of the President

Administered by:

Chief Justice of India (CJI)
In his absence, the Senior-most Judge of the Supreme Court.

The President swears to:

Faithfully execute the office.
Preserve, protect and defend the Constitution and the law.
Work for the service and well-being of the people of India.

Conditions of the President's Office

The President:

Cannot be a Member of Parliament or State Legislature.
If elected while holding such membership, the seat is automatically vacated.
Cannot hold any Office of Profit.
Lives in Rashtrapati Bhavan without paying rent.
Receives salary, allowances and privileges determined by Parliament.
Salary and benefits cannot be reduced during the tenure.

Salary and Pension

Particular	Details
Monthly Salary	₹5,00,000 (since 2018)
Official Residence	Rashtrapati Bhavan
Pension	50% of salary
Family Pension	Spouse receives 50% of retired President's pension

Privileges and Immunities

During the term of office, the President:

Enjoys immunity for official acts.
Cannot face criminal proceedings.
Cannot be arrested or imprisoned.
Civil proceedings for personal acts can be initiated only after giving 2 months' notice.

Term of Office

Feature	Details
Tenure	5 Years
Resignation	Addressed to the Vice-President
Re-election	Unlimited times
Continues after term?	Yes, until successor assumes office

Articles Related to the President

Article	Subject Matter
52	There shall be a President of India
53	Executive Power of the Union
54	Election of the President
55	Manner of Election of the President
56	Term of Office of the President
57	Eligibility for Re-election
58	Qualifications for Election as President
59	Conditions of President's Office
60	Oath or Affirmation by the President
61	Procedure for Impeachment
62	Election to Fill Vacancy
65	Vice-President to Act as President
71	Matters Relating to Election of President
72	Pardoning Power of the President
74	Council of Ministers to Aid and Advise President
75	Provisions Relating to Ministers
76	Attorney General of India
77	Conduct of Business of Government of India
78	Duties of Prime Minister towards President
85	Sessions, Prorogation and Dissolution of Parliament
111	Assent to Bills Passed by Parliament
112	Annual Financial Statement (Budget)
123	Ordinance-Making Power
143	Advisory Jurisdiction of Supreme Court

Impeachment of the President (Article 61)

The President can be removed only through Impeachment for Violation of the Constitution.

Important: The Constitution does not define the meaning of "Violation of the Constitution."

Procedure of Impeachment

Step 1: Initiation

Can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
Charges must be signed by at least 1/4th of the total members of that House.
14 days' written notice must be given to the President.

Step 2: First House

The resolution must be passed by a 2/3 majority of the total membership of that House.

Step 3: Investigation

The other House investigates the charges.
The President has the right:
- To appear personally.
- To be represented by an advocate.

Step 4: Final Decision

If the second House also passes the resolution by a 2/3 majority of its total membership, the President stands impeached immediately.

Important Facts

It is a Quasi-Judicial Procedure.
No President of India has ever been impeached.
The term "Impeachment" is used only for the President in the Constitution. For other constitutional authorities, the term used is Removal.

Who Participates?

Participate	Do Not Participate
All elected MPs	MLAs of States
All nominated MPs	MLAs of Delhi & Puducherry

India vs USA: Impeachment

India	USA
Ground: Violation of Constitution	Treason, Bribery, High Crimes & Misdemeanours
Either House initiates	House of Representatives initiates
2/3 of Total Membership	Simple Majority in House
Other House investigates	Senate acts as Court
President can defend himself	Senate conducts trial

Vacancy in the Office of President

A vacancy arises due to:

Expiry of tenure
Resignation
Impeachment
Death
Election declared void
Disqualification

Important Rules

If the vacancy is due to expiry of tenure, election must be completed before the term ends.
If the office falls vacant unexpectedly, election must be held within six months.
The newly elected President gets a full five-year term.

Acting President

Situation	Who Acts?
President's office vacant	Vice-President
VP unavailable	Chief Justice of India
CJI unavailable	Senior-most Supreme Court Judge

Example (1969)

President Dr. Zakir Hussain died.
V. V. Giri became Acting President.
After V. V. Giri resigned to contest elections,
Justice M. Hidayatullah (CJI) acted as President.

Powers and Functions of the President

1. Executive Powers

The President is the formal head of the Union Executive.

Executive Powers

All executive actions are taken in the President's name.
Makes rules for transaction of Government business.
Can seek information from the Prime Minister.
Appoints commissions for SCs, STs and OBCs.
Administers Union Territories through Administrators.
Declares Scheduled Areas.

Major Appointments

Prime Minister
Council of Ministers
Attorney General
CAG
Election Commissioners
UPSC Chairman & Members
Governors
Finance Commission
Inter-State Council
Administrators of UTs
Judges of Supreme Court & High Courts

2. Legislative Powers

The President is an integral part of Parliament.
Parliament = President + Lok Sabha + Rajya Sabha

Legislative Functions

Summons Parliament.
Prorogues Parliament.
Dissolves Lok Sabha.
Summons Joint Sitting.
Addresses Parliament.
Nominates 12 members to Rajya Sabha.
Decides MP disqualification (on EC advice).
Prior recommendation required for certain Bills.
Promulgates Ordinances.
Lays reports of CAG, UPSC and Finance Commission before Parliament.
Gives assent to Bills.

3. Financial Powers

Prior recommendation for Money Bills.
Budget presented in the President's name.
Constitutes Finance Commission every five years.
Makes advances from Contingency Fund of India.
Prior recommendation required for Demand for Grants.

4. Judicial Powers

Appoints CJI and Judges.
Can seek advisory opinion of Supreme Court (Article 143).
Grants Pardon, Reprieve, Respite, Remission and Commutation.

5. Diplomatic Powers

Represents India internationally.
Appoints Ambassadors and High Commissioners.
Receives Foreign Diplomats.
Treaties are concluded in the President's name.

6. Military Powers

Supreme Commander of Defence Forces.
Appoints Chiefs of Army, Navy and Air Force.
Can declare War and conclude Peace (subject to Parliamentary approval).

7. Emergency Powers

Article	Emergency
352	National Emergency
356	President's Rule
360	Financial Emergency

Veto Power of the President (Article 111)

A Bill becomes an Act only after the President's assent.

Veto Power with Respect to Bills

Ordinary Bills

Central Legislation	State Legislation
✅ Can give Assent	✅ Can give Assent
❌ Can Reject	❌ Can Reject
🔁 Can Return for Reconsideration	🔁 Can Return for Reconsideration

Money Bills

Central Legislation	State Legislation
✅ Can give Assent	✅ Can give Assent
❌ Can Reject	❌ Can Reject
🚫 Cannot Return	🚫 Cannot Return

Constitutional Amendment Bills

Central Legislation	State Legislation
✅ Only Assent (Cannot Reject or Return)	❌ Cannot be introduced in State Legislature

Types of Veto

Veto	Meaning
Absolute Veto	President refuses assent permanently.
Suspensive Veto	Returns Bill once; if passed again, assent is compulsory.
Pocket Veto	Keeps Bill pending indefinitely.

Important Examples

Absolute Veto: PEPSU Appropriation Bill (1954).
Pocket Veto: Indian Post Office (Amendment) Bill, 1986 by President Zail Singh.

Important: The President has no veto over Constitutional Amendment Bills. The 24th Constitutional Amendment Act, 1971 made Presidential assent mandatory.

Ordinance-Making Power (Article 123)

The President can issue an Ordinance when Parliament is not in session.

Features

Same force as an Act of Parliament.
Temporary law.
Issued only on Cabinet advice.
Must be approved within 6 weeks of Parliament's reassembly.
Maximum possible life: 6 months + 6 weeks (depending on Parliamentary sessions).

Important Points

Cannot amend the Constitution.
Cannot violate Fundamental Rights.
Can have retrospective effect.

Landmark Cases

R.C. Cooper Case (1970): President's satisfaction is subject to judicial review.
D.C. Wadhwa Case (1987): Re-promulgation of Ordinances repeatedly is unconstitutional.

Pardoning Power (Article 72)

The President can grant pardon in:

Cases under Union Law.
Court Martial cases.
Death Sentence cases.

Types of Pardons

Term	Meaning
Pardon	Completely removes conviction and punishment
Commutation	Changes punishment to a lighter one
Remission	Reduces duration of punishment
Respite	Lesser punishment due to special circumstances
Reprieve	Temporary stay of execution

President vs Governor

President (Art. 72)	Governor (Art. 161)
Can pardon Court Martial	Cannot pardon Court Martial
Can pardon Death Sentence	Cannot pardon Death Sentence

Kehar Singh Case (1988)

The Supreme Court held that:

Pardoning power is exercised on the advice of the Union Cabinet.
Judicial review is limited to cases of arbitrariness, mala fide, irrationality, or discrimination.

Constitutional Position of the President

India follows the Parliamentary System of Government.

President = Nominal Executive
Prime Minister & Council of Ministers = Real Executive

Important Articles

Article 53: Executive power vested in the President.
Article 74: President acts on the aid and advice of the Council of Ministers.
Article 75: Council of Ministers is collectively responsible to the Lok Sabha.

Constitutional Amendments

Amendment	Provision
42nd CAA (1976)	Made the President bound by the advice of the Council of Ministers.
44th CAA (1978)	President may return advice once for reconsideration, but the reconsidered advice is binding.

Situational Discretion of the President

The President may act without ministerial advice in limited situations:

Appointment of the Prime Minister when no party has a clear majority.
Appointment of a Prime Minister after the sudden death of the incumbent.
Dismissal of a Council of Ministers that has lost the confidence of the Lok Sabha.
Dissolution of the Lok Sabha when the Council of Ministers has lost its majority.

Quick Revision Table

Topic	Key Fact
Impeachment	Article 61
Vacancy	Article 62
Acting President	Article 65
Election Disputes	Article 71
Pardoning Power	Article 72
Council of Ministers	Articles 74 & 75
Attorney General	Article 76
President's Assent	Article 111
Budget	Article 112
Ordinance	Article 123
Advisory Jurisdiction	Article 143


Article 52	There shall be a President of India
Election	Indirect
Method	PRSTV + Secret Ballot
Electoral College	Elected MPs + Elected MLAs of States + Delhi & Puducherry
Voting	Preference Voting
Age	35 Years
Proposers	50
Seconders	50
Security Deposit	₹15,000
Oath By	Chief Justice of India
Tenure	5 Years
Salary	₹5 Lakh/Month
Resignation	Vice-President
Election Disputes	Supreme Court (Article 71)
Re-election	Unlimited