The President of India: Election, Powers, Functions & Role – Quick & Clear

President of India - Complete Notes

The President of India is the constitutional head of the state, symbol of unity and integrity, and performs crucial executive, legislative, financial, judicial, and emergency functions.

The President of India

(Articles 52 to 78 – Part V: Union Executive)

I. Position and Role

Head of the Indian State
Nominal executive (real power lies with PM & CoM)
First citizen of India
Symbol of unity, integrity & solidarity
Only Dr. Rajendra Prasad served two terms

II. Election of the President(Article 54)

Method:

Indirect Election via Electoral College
Proportional representation system
Single transferable vote, secret ballot

Electoral College Includes:

Elected MPs of Lok Sabha & Rajya Sabha
Elected MLAs of State Legislative Assemblies
Elected MLAs of Delhi & Puducherry

Excludes:

Nominated members of LS, RS, and SLA
Members of Legislative Councils
Nominated MLAs of Delhi & Puducherry

Important Points: Dissolution of Assembly → members lose voting rights

III. Value of Votes & Quota

MLA's Vote: Varies across states
MP's Vote: Uniform
To Win: Must secure a fixed quota of votes

Formula:

MLA Vote = (State Population / Elected MLAs) × 1000
MP Vote = Total MLA Votes / Total Elected MPs

IV. Disputes

Supreme Court decides
SC decision is final
Election void → earlier acts remain valid
Incomplete Electoral College not a ground to challenge

V. Qualifications (Art. 58)

Indian citizen
Minimum 35 years old
Qualified for Lok Sabha
Must not hold office of profit

VI. Nomination Process

50 proposers + 50 seconders
Security deposit: ₹15,000 in RBI
Forfeited if less than 1/6th valid votes

VII. Oath (Article 60)

By Chief Justice of India
In CJI's absence → Senior-most SC judge

VIII. Conditions of Office

Not a member of any House
No office of profit
Salary & perks by Parliament
Immunity from criminal cases
2 months' notice in civil cases
Official acts → no legal liability

IX. Term

5 years
Can resign to VP
Re-election allowed
Continues till successor takes over

X. Impeachment (Article 61)

For violation of Constitution
Initiated by L.S or R.S with signed 1/4th members + 14-day notice
2/3rd majority in both Houses
Only LS + RS members vote (Elected + Nominated)
No President impeached so far

XI. Vacancy

Causes: Expiry, Resignation, Death, Impeachment
Delay in election → current President continues
VP acts as President in case of early vacancy
New President gets full 5-year term
Election should be held within six months from the date of occurrence of such a vacancy

XII. Powers of the President

1. Executive Powers

Govt. functions in President’s name
Appoints: PM, Ministers, CAG, CEC, Governors, etc.
Administers UTs
Declare any areas as Scheduled Areas
Appoint Commissions for SC/ST/OBC, Inter-State Council

2. Legislative Powers

Part of Parliament
Summons, Prorogues, Dissolves Lok Sabha
Joint sitting, First address
Nominates members to LS/RS
Currently the President can nominate up to 12 members in R.S and nomination provision has been abolished in L.S (by 104th CAA 2019)
Ordinance powers

3. Financial Powers

Prior Recommendation for Money Bill
Annual Budget laid before the Parliament
Uses Contingency Fund
Constitute Finance Commission after every 5 years

4. Judicial Powers

Appoints CJI and Judges of SC & HCs
Can seek SC’s advice (Not-binding )
Has clemency powers

5. Diplomatic Powers

Handles treaties, international agreements
Sends/receives diplomats

6. Military Powers

Supreme Commander of Armed Forces
Declares war or peace (with Parliament’s approval)

7. Emergency Powers

National Emergency (Art. 352)
President’s Rule (Art. 356/365)
Financial Emergency (Art. 360)

8. Veto Power (Article 111)

Assent, Withhold, or Return bill
Absolute Veto: Bill ends
Suspensive Veto: One-time return
Pocket Veto: Indefinite hold

No Veto on Constitutional Amendments

9. State Legislation Veto (Article 201)

Assent or Return (within 6 months)
President not bound to give assent even after reconsideration

10. Ordinance-Making (Art. 123)

Issued when Parliament not in session
Judicial Reviewable after 44th CAA
Temporary law – 6 months + 6 weeks
Cannot amend Constitution
Retrospective allowed

Cases: RC Cooper (1970), DC Wadhwa (1987)

11. Pardoning Power (Article 72)

Union Law Offences
Court Martial Sentences
Death Sentences

✅ Types:

Pardon: Full forgiveness
Commutation: Reduction of punishment to a lesser one (e.g., death penalty to life imprisonment)
Remission: Reducing the duration of the punishment without changing its nature
Respite: Punishment reduced for special reasons
Reprieve: Temporary delay in punishment
President must follow Cabinet’s advice, Judicial review allowed if mala fide (dishonest)

12. Discretionary Powers

No Constitutional discretion, but situational discretion:

Appoint PM & COMs when there is no majority in Lok Sabha or when PM dies in office
Dismiss CoM after no-confidence
Dissolve Lok Sabha if CoM loses majority

News: State of Tamil Nadu vs Governor of Tamil Nadu Case

Supreme Court Judgment

✅ Timelines Fixed:

President must act within 3 months if a Bill is reserved under Article 201.

✅ No Absolute Veto:

President cannot keep the Bill pending forever.
Sitting indefinitely on a Bill is not allowed.

✅ Reasons Must Be Given:

If President withholds assent, clear reasons must be shared with the State Government.

✅ States Can Approach Court:

If there’s no action within the time limit, State can file a writ petition in court (mandamus).

✅ Consult Before Introducing Bills:

States should consult the Central Government before introducing Bills needing Presidential assent.

✅ Centre Must Respond Quickly:

Central Government should respond to states quickly and give proper suggestions.

✅ For Unconstitutional Bills:

If a Bill is said to be unconstitutional, President should take advice from Supreme Court under Article 143.

📌 Important Articles:

Article 200 – Governor’s options on a Bill.
Article 201 – President’s role when Bill is reserved by Governor.
Article 143 – President can ask Supreme Court for advice.

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