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

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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