President – UPSC Notes – Indian Polity

Articles 52 to 78 in Part V of the Constitution are dedicated to outlining the structure and functions of the Union executive. Comprising the President, Vice-President, Prime Minister, council of ministers, and the attorney general of India, the Union executive plays a pivotal role in governance. The President, serving as the foremost figure, embodies the essence of the Indian State, symbolizing its unity, integrity, and solidarity, thus holding a significant position as the nation’s premier citizen.

President Election Process

Instead of being directly chosen by the populace, the President is elected through an electoral college composed of:

1. Elected members from both the Houses of Parliament.
2. Elected members from the legislative assemblies of the states.
3. Elected members from the legislative assemblies of the Union Territories of Delhi and Puducherry.

Excluded from this process are the nominated members of Parliament, the nominated members of state legislative assemblies, members of state legislative councils (in a bicameral legislature), and the nominated members of the Legislative Assemblies of Delhi and Puducherry.

Should an assembly be dissolved, its members lose their eligibility to vote in the presidential election, regardless of whether fresh elections are conducted prior to the presidential election.

The Constitution mandates uniformity in the scale of representation among different states and parity between the states collectively and the Union during the election of the President. To achieve this, the number of votes allocated to each elected member of a state’s legislative assembly and the Parliament is determined as follows:

1. Each elected member of a state’s legislative assembly is entitled to as many votes as the quotient obtained by dividing the population of the state by the total number of elected members of the assembly, rounded down to the nearest whole number.

2. Each elected member of either House of Parliament is allotted a certain number of votes, determined by dividing the total number of votes assigned to members of state legislative assemblies by the total number of elected members in both Houses of Parliament.

The President’s election follows the system of proportional representation via the single transferable vote, with voting conducted via secret ballot. This ensures the successful candidate secures an absolute majority of votes. To be declared elected, a candidate must obtain a fixed quota of votes, calculated by dividing the total valid votes cast by the number of candidates to be elected (one in this case), adding one to the quotient.

Each member of the electoral college receives only one ballot paper. Voters must mark their preferences by indicating 1, 2, 3, and so forth against the names of candidates, with the option to indicate as many preferences as there are candidates.

In the initial phase of the election process, the first preference votes are tallied. If a candidate manages to secure the necessary quota of votes at this stage, they are declared elected. Otherwise, the procedure for transferring votes commences. The ballots of the candidate with the fewest first preference votes are voided, and their second preference votes are redistributed to other candidates’ first preference votes. This cycle continues until a candidate reaches the required quota. Any uncertainties or disputes regarding the election of the President are investigated and resolved by the Supreme Court, whose verdict is final. The validity of a President’s election cannot be contested based on the incompleteness of the electoral college due to vacancies among its members. If the Supreme Court nullifies a President’s election, actions undertaken by them before the Court’s ruling remain valid.

While some members of the Constituent Assembly criticized the indirect election system for the President as undemocratic and advocated for direct election, the framers of the Constitution opted for indirect election due to several reasons:

1. Indirect election aligns with the parliamentary system outlined in the Constitution. In this system, the President serves as a figurehead, while the real authority rests with the council of ministers led by the prime minister. Directly electing the President without empowering them would be incongruous.
2. Directly electing the President would be prohibitively expensive and time-consuming given the large electorate, considering the President’s symbolic role.

Certain members of the Constituent Assembly proposed that the President should be elected solely by the members of the two Houses of Parliament. However, this option was dismissed because it could result in the Parliament, dominated by a single political party, consistently electing a candidate from that party, thus undermining the President’s ability to represent all states of the Indian Union. The current system ensures the President represents both the Union and the states equally.

Additionally, it was argued in the Constituent Assembly that the term ‘proportional representation‘ in the context of the presidential election is inaccurate since only one vacancy exists. It was suggested that ‘preferential‘ or ‘alternative vote‘ system would be more apt. Similarly, the term ‘single transferable vote‘ was challenged because each voter possesses multiple votes rather than a single one.

Qualifications, Oath, and Conditions for the Election of President

Eligibility Criteria for President Election Process

To be considered eligible for election as President of India, an individual must meet the following criteria:

1. Indian Citizenship: The individual must be a citizen of India.
2. Age Requirement: He or she must have attained the age of 35 years.
3. Qualification for Lok Sabha Membership: The individual should be eligible for election as a member of the Lok Sabha (the lower house of India’s Parliament).
4. No Holding of Office of Profit: The individual should not hold any office of profit under the Union government, any state government, any local authority, or any other public authority.

It’s noteworthy that certain positions such as sitting President or Vice-President of the Union, Governor of any state, and a minister of the Union or any state are exempted from being considered as holding an office of profit, thereby making the incumbent eligible to contest as a presidential candidate.

Moreover, a candidate’s nomination for the presidential election must be endorsed by a minimum of 50 electors as proposers and 50 electors as seconders. Additionally, each candidate is required to submit a security deposit of Rs 15,000 to the Reserve Bank of India. This deposit is subject to forfeiture if the candidate fails to secure at least one-sixth of the total votes cast. Prior to 1997, the number of proposers and seconders was ten each, and the security deposit amount was Rs 2,500. The increase in these requirements in 1997 aimed to deter non-serious candidates from participating in the election process.

Oath or Affirmation by the President

Before entering upon his office, the President has to make and subscribe to an oath or affirmation. In his oath, the President swears:

1. to faithfully execute the office;
2. to preserve, protect, and defend the Constitution and the law; and
3. to devote himself to the service and well-being of the people of India.

The oath of office to the President is administered by the Chief Justice of India, and in his absence, the seniormost judge of the Supreme Court available.

Any other person acting as President or discharging the functions of the President also undertakes the similar oath or affirmation.

Conditions of the President’s Office

The Constitution stipulates the following conditions regarding the President’s office:

1. Membership Restrictions: The President should not be a member of either House of Parliament or a House of the state legislature. If such an individual is elected as President, they are considered to have vacated their seat in that House on the date they assume office as President.
2. Prohibition on Holding Other Offices: The President should not hold any other office of profit.
3. Official Residence: The President is entitled, without payment of rent, to the use of their official residence (the Rashtrapati Bhavan).
4. Emoluments and Privileges: The President is entitled to receive emoluments, allowances, and privileges as determined by Parliament.
5. Protection of Emoluments: The President’s emoluments and allowances cannot be reduced during their term of office.

In 2008, Parliament increased the President’s salary from Rs. 50,000 to Rs. 1.50 lakh per month, along with providing a pension equivalent to 50% of their salary per month. Additionally, former Presidents are entitled to a furnished residence, phone facilities, a car, medical treatment, travel facilities, secretarial staff, and office expenses up to Rs. 60,000 per annum. The spouse of a deceased President also receives a family pension equivalent to 50% of the retired President’s pension, along with similar benefits such as a furnished residence, phone facilities, a car, medical treatment, travel facilities, secretarial staff, and office expenses up to Rs. 12,000 per annum.

The President is granted various privileges and immunities. He holds personal immunity from legal liability concerning his official duties. Throughout his term, he is shielded from criminal proceedings, even regarding his personal actions, and cannot be arrested or detained. However, after providing a two-month notice, civil proceedings can be initiated against him during his term, specifically concerning his personal actions.

Term, Impeachment, and Vacancy

Term of President’s Office

The President serves a term of five years from the date he assumes office. However, he retains the right to resign at any time by addressing his resignation to the Vice-President. Moreover, he can be removed from office before completing his term through the process of impeachment.

The President may continue in office beyond his five-year term until his successor assumes charge. He is also eligible for re-election to the office, with no limit on the number of terms he may serve. It’s worth noting that in the USA, a person cannot be elected President more than twice.

Impeachment of President

The President can be impeached for “violation of the Constitution,” although the Constitution does not specifically define this phrase.

Impeachment charges may be initiated by either House of Parliament, requiring the signatures of one-fourth of its members. A notice period of 14 days must be given to the President. If the impeachment resolution is passed by a two-thirds majority in the initiating House, it is forwarded to the other House for investigation. The President has the right to defend himself during this investigation. If the other House also upholds the charges with a two-thirds majority, the President is removed from office.

Impeachment is a quasi-judicial procedure within Parliament. Notably, nominated members of either House can participate in the process, despite not being involved in the President’s election. Conversely, elected members of state legislative assemblies and Union Territories like Delhi and Puducherry do not participate in impeachment, though they are involved in the President’s election.

As of now, no President has been impeached.

Vacancy in the President’s Office

A vacancy in the President’s office may arise through any of the following means:

1. Upon the expiration of the President’s five-year term.
2. Through resignation.
3. By removal via impeachment.
4. Due to the President’s demise.
5. Under other circumstances, such as disqualification or a declared void election.

When the vacancy is imminent due to the President’s term ending, an election must occur before the term expires. If the election is delayed for any reason, the outgoing President continues until the successor assumes office, preventing an ‘interregnum‘ as per constitutional provision. In this scenario, the Vice-President does not act as President.

If the vacancy arises from resignation, removal, death, or other causes, an election to fill the vacancy should be conducted within six months. The newly-elected President serves a full term of five years from assuming office.

Upon a vacancy caused by resignation, removal, death, or other reasons, the Vice-President assumes the role of President until a new President is elected. Additionally, in instances where the sitting President is unable to fulfill duties due to absence, illness, or other causes, the Vice-President temporarily discharges presidential functions until the President resumes office.

If the position of Vice-President is vacant, the Chief Justice of India (or if their position is also vacant, the most senior judge of the Supreme Court available) assumes the role of President or carries out the President’s functions.

When any individual, whether it be the Vice-President, Chief Justice of India, or the most senior judge of the Supreme Court, is acting as President or fulfilling the President’s duties, they possess all the powers and immunities of the President. They are also entitled to the emoluments, allowances, and privileges determined by Parliament.

Powers and Functions of the President

The powers and functions exercised by the President can be categorized as follows:

1. Executive Powers
2. Legislative Powers
3. Financial Powers
4. Judicial Powers
5. Diplomatic Powers
6. Military Powers
7. Emergency Powers

Executive Powers of the President

The executive powers and functions of the President encompass:

(a) Formal issuance of all executive actions of the Government of India in his name.

(b) Authority to establish rules for the authentication of orders and other instruments executed in his name.

(c) Ability to establish rules for the efficient conduct of Union government business and allocation of such business among ministers.

(d) Appointment of the Prime Minister and other ministers, who serve at his pleasure.

(e) Appointment of the Attorney General of India and determination of his remuneration; the Attorney General serves at the pleasure of the President.

(f) Appointment of various officials including the Comptroller and Auditor General of India, the Chief Election Commissioner, Election Commissioners, members of the Union Public Service Commission, governors of states, members of the Finance Commission, and others.

(g) Authority to request information regarding Union affairs and legislative proposals from the Prime Minister.

(h) Ability to direct the Prime Minister to present matters decided by a minister for consideration by the council of ministers.

(i) Power to appoint commissions to investigate the conditions of Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes.

(j) Authority to establish an inter-state council to foster Center-state and interstate cooperation.

(k) Direct administration of union territories through administrators appointed by the President.

(l) Ability to designate areas as scheduled areas and exercise powers over the administration of scheduled areas and tribal areas.

Legislative Powers of the President

The President, as an integral part of the Parliament of India, possesses the following legislative powers:

(a) Authority to summon or prorogue the Parliament and dissolve the Lok Sabha. Additionally, the President can convene a joint sitting of both Houses of Parliament, chaired by the Speaker of the Lok Sabha.

(b) Capability to address the Parliament at the onset of the first session following each general election and at the commencement of each year.

(c) Ability to convey messages to the Houses of Parliament, whether concerning a bill under consideration or other matters.

(d) Power to appoint a member of the Lok Sabha to preside over its proceedings in the absence of both the Speaker and the Deputy Speaker. Similarly, the President can appoint a member of the Rajya Sabha to preside over its proceedings when both the Chairman and Deputy Chairman positions are vacant.

(e) Nomination of 12 members to the Rajya Sabha who possess specialized knowledge or practical experience in literature, science, art, or social service.

(f) Authority to nominate two members representing the Anglo-Indian Community to the Lok Sabha.

(g) Decision-making on questions regarding disqualifications of Parliament members, in consultation with the Election Commission.

(h) Requirement for prior recommendation or permission to introduce specific types of bills in Parliament, such as bills involving expenditure from the Consolidated Fund of India or bills related to state boundary alterations or the creation of new states.

(i) When a bill is sent to the President after passage by Parliament, the President can: (i) Assent to the bill, (ii) Withhold assent to the bill, or (iii) Return the bill (if not a money bill) for Parliament’s reconsideration. If the bill is passed again by Parliament, with or without amendments, the President must give assent to it.

(j) When a bill passed by a state legislature is reserved by the governor for the President’s consideration, the President can: (i) Assent to the bill, (ii) Withhold assent to the bill, or (iii) Direct the governor to return the bill (if not a money bill) for reconsideration by the state legislature. It’s worth noting that the President is not obliged to give assent even if the bill is passed again by the state legislature and sent back for reconsideration.

(k) Authority to promulgate ordinances when Parliament is not in session. These ordinances must be ratified by Parliament within six weeks of its reconvening. The President also retains the right to withdraw an ordinance at any time.

(l) Presentation of reports from various bodies including the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, etc., before Parliament.

(m) Ability to enact regulations for the peace, progress, and good governance of territories such as the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu. In the case of Puducherry, legislative regulations can be made by the President only when the assembly is suspended or dissolved.

Financial Powers of the President

The financial powers and functions vested in the President include:

(a) Recommendation Requirement: Money bills can only be introduced in Parliament with the President’s prior recommendation.

(b) Budget Presentation: The President is responsible for presenting the annual financial statement, known as the Union Budget, before Parliament.

(c) Grant Recommendations: No demand for a grant can be made without the President’s recommendation.

(d) Contingency Fund: The President has the authority to make advances from the contingency fund of India to address unforeseen expenditures.

(e) Finance Commission: Every five years, the President forms a finance commission tasked with recommending the distribution of revenues between the Centre and the states.

Judicial Powers of the President

The judicial powers and functions conferred upon the President include:

(a) Appointment Authority: The President appoints the Chief Justice and judges of the Supreme Court and high courts.

(b) Seeking Advice: The President has the prerogative to seek advice from the Supreme Court on any question of law or fact. However, the advice provided by the Supreme Court is not binding on the President.

(c) Pardon and Commutation: The President possesses the power to grant pardon, reprieve, respite, and remission of punishment, or to suspend, remit, or commute the sentence of any individual convicted of an offence. This authority extends to: (i) All cases where the punishment or sentence is delivered by a court martial; (ii) All cases where the punishment or sentence is for an offence against a Union law; and (iii) All cases where the sentence is death.

Diplomatic Powers of the President

International treaties and agreements are negotiated and concluded on behalf of the President. However, their ratification is subject to the approval of Parliament. The President represents India in international forums and affairs, and manages diplomatic exchanges by sending and receiving diplomats such as ambassadors and high commissioners.

Military Powers of the President

The President serves as the supreme commander of India’s defense forces. In this role, the President appoints the chiefs of the Army, Navy, and Air Force. Additionally, the President holds the authority to declare war or make peace, although such actions require parliamentary approval.

Emergency Powers of the President

In addition to the standard powers outlined above, the Constitution grants the President extraordinary powers to address three types of emergencies:

(a) National Emergency (Article 352)

(b) President’s Rule (Article 356 & 365)

(c) Financial Emergency (Article 360)

Veto Power of the President

A bill passed by Parliament can only become law if it receives the assent of the President. When presented with a bill for his assent, the President, under Article 111 of the Constitution, has three options:

1. He may give his assent to the bill.
2. He may withhold his assent to the bill.
3. He may return the bill (if not a Money bill) for reconsideration by Parliament. However, if the bill is passed again by Parliament, with or without amendments, and presented again to the President, he must give his assent.

Thus, the President holds the veto power over bills passed by Parliament, enabling him to withhold his assent. This power is aimed at (a) preventing rushed and poorly considered legislation by Parliament, and (b) preventing unconstitutional legislation.

In modern states, executive veto powers are classified into four types:

1. Absolute Veto: Withholding assent to a bill passed by the legislature.
2. Qualified Veto: Overrideable by the legislature with a higher majority.
3. Suspensive Veto: Overrideable by the legislature with an ordinary majority.
4. Pocket Veto: Taking no action on a bill passed by the legislature.

Of these, the President of India possesses three: absolute veto, suspensive veto, and pocket veto. There is no qualified veto for the Indian President; this power is held by the American President. The three vetoes of the Indian President are explained below:

Absolute Veto

Absolute veto refers to the President’s power to withhold his assent to a bill passed by Parliament, thereby preventing it from becoming law. This veto is typically exercised in the following scenarios:

(a) Private Members’ Bills: Bills introduced by any member of Parliament who is not a minister. (b) Government Bills during Cabinet Resignation: When the cabinet resigns after the passage of bills but before the President’s assent, and the new cabinet advises the President not to give his assent to such bills.

In 1954, President Dr. Rajendra Prasad exercised his absolute veto by withholding his assent to the PEPSU Appropriation Bill. The bill had been passed by Parliament during the President’s Rule in the state of PEPSU. However, when the bill was presented to the President for assent, the President’s Rule was revoked.

Similarly, in 1991, President R. Venkataraman exercised his absolute veto by withholding his assent to the Salary, Allowances, and Pension of Members of Parliament (Amendment) Bill. This bill was passed by Parliament on the last day before the dissolution of the Lok Sabha without obtaining the previous recommendation of the President.

Suspensive Veto

The President exercises the suspensive veto by returning a bill to Parliament for reconsideration. However, if Parliament passes the bill again, with or without amendments, and presents it to the President, it becomes obligatory for the President to give his assent. This means that the presidential veto is overridden by the re-passage of the bill by the same ordinary majority, unlike in the USA where a higher majority is required.

It’s important to note that the President does not possess this veto power in the case of money bills. The President can either give his assent to a money bill or withhold it, but cannot return it for reconsideration by Parliament. Typically, the President gives assent to money bills as they are introduced in Parliament with his prior permission.

Pocket Veto

In a pocket veto scenario, the President neither ratifies nor rejects nor returns the bill; instead, the bill is kept pending indefinitely. This power of the President to take no action (either positive or negative) on the bill is termed as the pocket veto. The President can exercise this veto power because the Constitution does not specify any time limit within which he must make a decision regarding a bill presented to him for assent. In contrast, in the USA, the President must return a bill for reconsideration within 10 days. Therefore, it is noted that the pocket of the Indian President is larger than that of the American President.

In 1986, President Zail Singh utilized the pocket veto concerning the Indian Post Office (Amendment) Bill. The bill, passed by the Rajiv Gandhi Government, imposed restrictions on the freedom of the press and was widely criticized. Three years later, in 1989, the subsequent President R. Venkataraman sent the bill back for reconsideration. However, the new National Front Government decided to abandon the bill.

It is important to mention that the President has no veto power regarding a constitutional amendment bill. The 24th Constitutional Amendment Act of 1971 made it mandatory for the President to give assent to a constitutional amendment bill.

Presidential Veto over State Legislation

The President holds veto power concerning state legislation as well. A bill passed by a state legislature can only become law if it receives assent from the governor or the President, in cases where the bill is reserved for the President’s consideration.

When a bill passed by a state legislature is presented to the governor for assent, the governor has four options under Article 200 of the Constitution:

1. Give assent to the bill.
2. Withhold assent to the bill.
3. Return the bill (if not a money bill) for reconsideration by the state legislature.
4. Reserve the bill for the consideration of the President.

If a bill is reserved by the governor for the President’s consideration, the President has three alternatives under Article 201 of the Constitution:

1. Give assent to the bill.
2. Withhold assent to the bill.
3. Direct the governor to return the bill (if not a money bill) for reconsideration by the state legislature. If the bill is passed again by the state legislature, with or without amendments, and presented again to the President for assent, the President is not obligated to give assent to the bill. This implies that the state legislature cannot override the President’s veto power. Furthermore, the Constitution does not specify any time limit within which the President must decide on a bill reserved by the governor for his consideration. Therefore, the President can exercise the pocket veto regarding state legislation as well.

President’s Veto Power

Central Legislation

• Ordinary Bills:
  1. Can be approved.
  2. Can be rejected.
  3. Can be sent back for review.
• Money Bills:
  1. Can be approved.
  2. Can be rejected (but cannot be sent back).
• Constitutional Amendment Bills:
  • Can only be approved (cannot be rejected or sent back).

State Legislation

• Ordinary Bills:
  1. Can be approved.
  2. Can be rejected.
  3. Can be sent back for review.
• Money Bills:
  1. Can be approved.
  2. Can be rejected (but cannot be sent back).

Ordinance-Making Power of the President

Article 123 of the Constitution grants the President the authority to issue ordinances during the recess of Parliament. These ordinances carry the same weight as Acts of Parliament but are temporary in nature.

The ordinance-making power is crucial for the President to address unforeseen or urgent matters. However, this power is subject to the following limitations:

1. Timing of Issuance: Ordinances can only be promulgated when both Houses of Parliament are not in session, or when one of the two Houses is not in session. Issuing an ordinance while both Houses are in session renders it void. Thus, the President’s ordinance-making power is not an independent legislative authority.
2. Necessity and Judicial Review: The President can only issue an ordinance when he deems immediate action necessary. However, this decision can be challenged in court if it’s believed to be malicious. The 38th Constitutional Amendment Act of 1975 initially made the President’s satisfaction final and beyond judicial review, but this provision was later removed by the 44th Constitutional Amendment Act of 1978.
3. Scope and Limitations: The President’s ordinance-making power covers all matters within the Parliament’s legislative authority, except for the duration. This implies that ordinances can only be issued on subjects where Parliament can legislate, and they must adhere to constitutional limitations, including the protection of fundamental rights.
4. Parliamentary Oversight: Every ordinance issued during the recess of Parliament must be presented before both Houses when they reconvene. If approved by both Houses, the ordinance becomes law. If Parliament takes no action, the ordinance ceases to operate after six weeks from the date of reconvening. Additionally, if both Houses pass resolutions disapproving the ordinance, it ceases to operate earlier. The maximum lifespan of an ordinance is six months and six weeks, in case of non-approval by Parliament. If an ordinance lapses without being placed before Parliament, actions completed under it before its expiration remain valid.

The President’s authority to issue ordinances also includes the ability to withdraw them at any time. However, this power is not discretionary, and the President can only promulgate or withdraw an ordinance based on the advice of the council of ministers led by the prime minister.

Like any other legislation, an ordinance can be retrospective, meaning it may come into effect from a previous date. It can also modify or repeal any Act of Parliament or another ordinance, and even amend tax laws. However, it cannot be used to amend the Constitution.

The ordinance-making power of the President in India is unusual and not commonly found in most democratic Constitutions worldwide, including those of the USA and UK. Dr. BR Ambedkar, in the Constituent Assembly, justified the mechanism of issuing ordinances to enable the Executive to address immediate situations when Parliament is not in session. It’s important to note that this power is not necessarily linked to a national emergency as envisaged in Article 352. The President can issue an ordinance even in the absence of war, external aggression, or armed rebellion.

According to the rules of the Lok Sabha, whenever a bill aimed at replacing an ordinance is introduced, a statement explaining the urgent need for immediate legislation by ordinance must also be presented to the House.

As of now, no case has reached the Supreme Court regarding the repromulgation of ordinances by the President. However, the Supreme Court’s judgment in the D C Wadhwa case (1987) is pertinent. The court highlighted that between 1967 and 1981, the Governor of Bihar promulgated 256 ordinances, all of which remained in force for varying periods through successive repromulgation. The court ruled that such repetitive repromulgation without attempts to pass bills through the assembly would violate the Constitution, and such ordinances are liable to be struck down. It emphasized that the exceptional power of law-making through ordinances cannot be used as a substitute for the legislative power of the state legislature.

Pardoning Power of the President

Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the:

1. Punishment or sentence is for an offence against a Union Law;
2. Punishment or sentence is by a court martial (military court); and
3. Sentence is a sentence of death.

The pardoning power of the President is independent of the Judiciary; it is an executive power. But, the President while exercising this power, does not sit as a court of appeal. The object of conferring this power on the President is two-fold: (a) to keep the door open for correcting any judicial errors in the operation of law; and, (b) to afford relief from a sentence, which the President regards as unduly harsh.

The pardoning power of the President includes the following:

1. Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
2. Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.
3. Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
4. Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
5. Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.

Constitutional Position of President

The Constitution of India establishes a parliamentary form of government, where the President serves as a ceremonial executive, while the real executive authority lies with the council of ministers led by the prime minister. Thus, the President exercises powers and functions based on the advice of the council of ministers.

Dr. B R Ambedkar explained the President’s role, contrasting it with the President of the United States. He stated that while the American President holds significant executive powers, the Indian President acts as the symbolic head of the state, representing the nation and conveying its decisions. The Indian President is bound by the advice of the ministers and cannot act contrary to it.

In the Indian system, the President’s position is akin to that of the King under the English Constitution. The President’s primary role is ceremonial, serving as a seal through which the nation’s decisions are made known. Unlike the President of the United States, the Indian President cannot dismiss ministers as long as they maintain the support of the majority in Parliament.

Key constitutional provisions defining the President’s role include:

1. Article 53: Vesting the executive power of the Union in the President, to be exercised directly or through subordinate officers.
2. Article 74: Establishing a council of ministers headed by the Prime Minister to aid and advise the President, who must act in accordance with this advice.
3. Article 75: Making the council of ministers collectively responsible to the Lok Sabha, forming the basis of the parliamentary system of government.

The 42nd Constitutional Amendment Act of 1976, enacted during the tenure of the Indira Gandhi Government, made it mandatory for the President to adhere to the advice provided by the council of ministers led by the prime minister. Subsequently, the 44th Constitutional Amendment Act of 1978, passed during the Janata Party Government under Morarji Desai, granted the President the authority to request the council of ministers to reconsider their advice, either in general or specific terms. However, the President must ultimately act in accordance with the advice tendered after reconsideration. In essence, while the President has the option to send a matter back to the ministers for review once, the revised advice must be followed.

An example of this occurred in October 1997 when the cabinet suggested President K R Narayanan impose President’s Rule, as per Article 356, in Uttar Pradesh. The President opted to return the matter to the cabinet for reconsideration, leading to the decision being retracted. Similarly, in September 1998, President KR Narayanan sent back a cabinet recommendation for President’s Rule in Bihar. After a few months, the cabinet reaffirmed the proposal, resulting in President’s Rule being enforced in Bihar in February 1999.

Although the President lacks constitutional discretion, there are instances where situational discretion may be exercised. This includes:

1. Appointment of Prime Minister: When no party holds a clear majority in the Lok Sabha, or in the event of the sudden demise of the incumbent Prime Minister without an apparent successor.
2. Dismissal of the Council of Ministers: If the council fails to demonstrate the confidence of the Lok Sabha.
3. Dissolution of the Lok Sabha: In cases where the council of ministers has lost its majority support.

Articles Related to President

Article Number	Subject Matter
52	The President of India
53	Executive Power of the Union
54	Election of President
55	Procedure for Election of President
56	Term of Office of President
57	Eligibility for Re-election
58	Qualifications for Presidential Election
59	Conditions of President’s Office
60	Presidential Oath or Affirmation
61	Procedure for Presidential Impeachment
62	Timing of Election to Fill Presidential Vacancies
65	Vice-President’s Role as Acting President
71	Electoral Matters Concerning the President
72	President’s Authority to Grant Pardons and Sentence Adjustments
74	Council of Ministers’ Assistance to the President
75	Ministerial Provisions: Appointment, Tenure, Salaries, etc.
76	Office of the Attorney-General of India
77	Conduct of Government Business
78	Prime Minister’s Duties Regarding Information Provision to the President
85	Parliamentary Sessions, Prorogation, and Dissolution
111	Presidential Assent to Parliamentary Bills
112	Union Budget (Annual Financial Statement)
123	Presidential Power to Issue Ordinances
143	Presidential Authority to Seek Consultation from the Supreme Court

FAQs on the President of India

1. What is the role of the President of India?

• The President of India serves as the ceremonial head of the state and is also the Commander-in-Chief of the Indian Armed Forces. While the President’s powers are largely nominal, they play a crucial role in the functioning of the Indian parliamentary system by appointing the Prime Minister and other key officials, signing bills into law, and representing India in international affairs.

2. How is the President of India elected?

• The President of India is elected indirectly through an electoral college consisting of elected members of both houses of Parliament, as well as members of the legislative assemblies of the states and union territories. The election follows a proportional representation system, and the candidate with the majority of votes becomes the President.

3. What are the qualifications required to become the President of India?

• To be eligible for the presidency, a candidate must be a citizen of India, at least 35 years old, and qualified to be a member of the Lok Sabha (House of the People). They must not hold any office of profit under the Government of India or the Government of any state.

4. How long does the President of India serve in office?

• The President of India serves a term of five years. However, they are eligible for re-election for any number of terms.

5. Can the President of India be impeached?

• Yes, the President of India can be impeached, but the process is complex and has never been invoked. Impeachment requires a two-thirds majority in both houses of Parliament on grounds of violation of the Constitution.

6. What are the powers of the President of India?

• The President of India has both executive and legislative powers. These include appointing the Prime Minister and other key officials, summoning and proroguing the sessions of Parliament, granting pardons, and promulgating ordinances when Parliament is not in session.

7. Can the President of India be removed from office before the end of their term?

• Yes, the President of India can be removed from office through the process of impeachment for violation of the Constitution. However, as mentioned earlier, this process has never been initiated in India’s history.

8. What happens if the President of India resigns?

• If the President of India resigns, dies, or is otherwise unable to discharge their duties, the Vice President acts as the President until a new President is elected. If the Vice President is also unavailable, the Chief Justice of India acts as the President.

9. Is there any limit to the number of terms a person can serve as President of India?

• No, there are no term limits for the President of India. A person can be re-elected any number of times.

10. How does the President of India contribute to the legislative process?

• The President of India plays a significant role in the legislative process. They must give their assent to bills passed by Parliament before they become law. The President also has the power to return a bill for reconsideration, known as a veto, although Parliament can override this veto with a two-thirds majority. Additionally, the President can promulgate ordinances when Parliament is not in session, which have the same force as an Act of Parliament but must be approved by Parliament within a certain period.

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