President of India: Election, Powers & Impeachment

President of India: The Constitutional “Head” Who Keeps the System Running Smoothly

Imagine a new government is formed after elections and the Prime Minister takes oath. Imagine Parliament passes a major law that affects exams, jobs, or criminal justice. Imagine a sudden crisis—war-like situation, big internal violence, or a breakdown of constitutional machinery in a state. In all these moments, one office becomes central, even if it stays away from daily politics: the President of India.

Many people think the President is only a “ceremonial” person. That is not fully true. The President is not a parallel Prime Minister, but the President is also not powerless. The President is the constitutional head of the Union, the symbol of the nation, and the key authority through whom the Union’s executive actions happen in law. The President is like the “final constitutional gate” that ensures the government follows the Constitution’s rules.

Definition: The President of India is the Head of the Indian State (Article 52) and the first citizen. The Union’s executive power is vested in the President (Article 53), but is normally exercised with the aid and advice of the Council of Ministers (Article 74).

Why India Needed a President: The Idea Behind the Office

India adopted a parliamentary democracy. In this system:

The Prime Minister and Council of Ministers run the government daily.
The government must have the confidence of Lok Sabha (Article 75(3)).
There is still a need for a neutral constitutional authority who represents the nation as a whole, not one party.

So, India created the President’s office to serve these goals:

Unity and continuity: A stable national head even when governments change.
Constitutional discipline: Government action happens through constitutional procedure.
Symbol of the Republic: India’s identity as a republic (not monarchy).
Crisis management: Emergency provisions and key constitutional actions need a formal authority.

This is why the President is often called the “constitutional head” and the Prime Minister is called the “real executive.”

Constitutional Provisions: The Articles You Must Remember for UPSC

The President’s office is mainly covered in Part V of the Constitution, especially Articles 52 to 78. But many presidential powers are spread across other parts as well (like emergency articles and financial provisions).

Topic	Important Articles	What it means (simple)
President’s office	52–62	President exists, election, qualifications, term, impeachment, vacancy
Executive powers	53–55, 72, 74–78	Executive power vested in President; aid and advice; pardons; Council of Ministers link
Legislative role	85–87, 111, 123	Summon Parliament, address, assent to Bills, ordinances
Emergency powers	352, 356, 360	National Emergency, President’s Rule, Financial Emergency
Financial powers	112, 117	Budget laid before Parliament; financial bills need recommendation rules

Quick UPSC Line: The President is the Head of the State, the Prime Minister is the Head of the Government.

Election of the President: How India Chooses the Head of the State

The President is not elected directly by the public like Lok Sabha MPs. The President is elected by an Electoral College to maintain federal balance.

Electoral College (Article 54): Who votes?

Elected members of Lok Sabha
Elected members of Rajya Sabha
Elected members of State Legislative Assemblies
Elected members of Legislative Assemblies of Delhi and Puducherry

Important: Nominated MPs (like the 12 nominated in Rajya Sabha) and nominated MLAs do not vote in presidential election.

Voting system (Article 55): How votes are counted?

The President is elected by:

Proportional Representation using the Single Transferable Vote (STV)
Secret ballot

Why such a system? It avoids simple “winner takes all.” It allows preference voting and helps the winner secure broader support.

Value of votes: Equal weight to Union and States (Article 55 idea)

India tries to balance the weight of states and Parliament. So, the value of MLA votes depends on a formula, and MP votes are adjusted so total value of MP votes equals total value of MLA votes.

Easy example: States like Uttar Pradesh have many MLAs and large population, so their total vote value is high. Smaller states like Goa have smaller total vote value. This creates a “federal” balance in the election.

Qualifications, Oath, Tenure, Vacancy, Impeachment: The Full Life Cycle of a President

Qualifications (Article 58)

Citizen of India
Must be 35 years or above
Must be qualified to be a member of Lok Sabha
Must not hold an office of profit under the Government of India, state government, or local authority (with constitutional exceptions)

Oath (Article 60)

The President takes oath to preserve, protect, and defend the Constitution and law, and to devote oneself to the service and well-being of the people of India.

Tenure (Article 56)

Term is 5 years.
The President is eligible for re-election.
The President continues until a successor enters office.

Vacancy and Acting President (Article 62)

If the President’s office becomes vacant due to death, resignation, removal, or otherwise, election should be held within 6 months.
The Vice President acts as President when the President cannot perform duties (temporary absence).

Impeachment (Article 61): Removal for violation of the Constitution

The President can be removed only through impeachment for violation of the Constitution. It is a very strict process.

Charges can be initiated in either House.
Notice must be signed by at least one-fourth of total members of that House.
Resolution must be passed by a majority of two-thirds of the total membership of that House.
Then the other House investigates the charges.
If the other House also passes the resolution with a two-thirds of total membership, the President is removed.

Definition: Impeachment is a constitutional process to remove the President for violation of the Constitution. It requires very high majorities to prevent misuse for political reasons.

Powers of the President: What the President Can Do

To understand the President’s powers, it is easiest to group them into: executive, legislative, financial, judicial, military, and emergency powers.

1) Executive Powers (Articles 53, 74, 75, 77, 78)

Article 53: The executive power of the Union is vested in the President. But in daily life, the government is run by the Council of Ministers led by the Prime Minister.

Article 74: The President acts on the aid and advice of the Council of Ministers. After the 42nd Amendment, this became explicitly clear. After the 44th Amendment, the President can send advice back for reconsideration once, but if the Council repeats the advice, the President must accept it.

Article 75: The President appoints the Prime Minister and other ministers (on PM’s advice). Ministers are responsible to Lok Sabha (collective responsibility).

Article 77: All executive actions of the Government of India are taken in the name of the President, and rules are framed for smooth functioning.

Article 78: The Prime Minister has a duty to inform the President about decisions of the Council of Ministers and national administration matters.

Real Indian example: After a general election, the President invites the leader who is most likely to prove majority support in Lok Sabha to form the government. If there is a clear majority, it is straightforward. If there is a hung House, the President’s role becomes important in ensuring stable government formation.

Appointments made by the President (high UPSC value list)

Prime Minister and Council of Ministers
Attorney General of India
Comptroller and Auditor General (CAG)
Chief Election Commissioner and Election Commissioners (as per law and procedure)
Governors of States
Chief Justice of India and Supreme Court/High Court judges (as per constitutional process and consultation norms)
Chairpersons/members of important commissions as provided by law

2) Legislative Powers: The President and Parliament (Articles 85–87, 111, 123)

The President is part of Parliament in a constitutional sense, which is why the President has a central legislative role.

Summoning and proroguing Parliament (Article 85)
Dissolving Lok Sabha (Article 85, in practice on advice)
Addressing Parliament (Article 87) and sending messages (Article 86)
Assent to Bills (Article 111)
Ordinance-making power when Parliament is not in session (Article 123)

President’s assent and veto (Article 111): Four practical outcomes

When a Bill is passed by Parliament, it goes to the President. The President can:

Give assent (Bill becomes law)
Withhold assent (rare; called absolute veto)
Return the Bill once for reconsideration (only for non-Money Bills; called suspensive veto)
Take no action for some time (often called pocket veto in general discussion)

Important: A Money Bill cannot be returned for reconsideration. The President either gives assent or withholds assent.

Ordinance power (Article 123): Law-making in urgency

When Parliament is not in session and an urgent situation requires immediate law, the President can promulgate an Ordinance on the advice of the Council of Ministers.

Ordinance has the same force as an Act of Parliament.
It must be laid before Parliament when it reassembles.
It stops operating if not approved within the required period after Parliament meets.

Real Indian example: During sudden administrative needs—like urgent changes in economic or public order frameworks—governments have used ordinances. But if ordinances are used too often, it raises concerns about bypassing Parliament.

3) Financial Powers: President and Public Money (Articles 112, 117)

The President has an important formal role in financial matters:

Budget is laid before Parliament in the name of the President (Article 112).
Many financial bills require President’s recommendation before introduction (Article 117 framework).
No money can be withdrawn from the Consolidated Fund without parliamentary approval, but the President is part of the formal constitutional chain in this process.

Simple example: When the Union Budget is presented, it is not just a finance ministry event. It is a constitutional financial process where Parliament approves spending, and the President is a formal constitutional link.

4) Judicial Powers: Pardoning Power (Article 72)

The President can grant:

Pardon
Reprieve
Respite
Remission
Commutation

When is Article 72 used?

For punishment by a court-martial
For offences under Union law
In cases where the sentence is death sentence

Definition: Commutation means changing a punishment to a lighter form (for example, death sentence to life imprisonment).

President’s pardon vs Governor’s pardon: One scoring comparison table

Point	President (Article 72)	Governor (Article 161)
Death sentence	Can grant mercy in death sentence cases	Cannot grant mercy for death sentence in the same broad way as President; Governor’s scope is mainly state matters
Offences covered	Union law + court-martial + death sentence cases	Offences under state law
Why important	National-level final constitutional mercy power	State-level mercy power

Landmark case idea: Pardon power is broad but not arbitrary

Courts have treated the mercy power as very wide, but not something that can be used in a completely arbitrary way. It must follow constitutional values, and extreme unfairness can invite judicial scrutiny.

5) Military Powers (Article 53)

The President is the Supreme Commander of the Armed Forces. In practice, defence decisions are taken by the elected government (Cabinet) and implemented through the defence administration.

6) Emergency Powers: The President’s Most Powerful Role (Articles 352, 356, 360)

National Emergency (Article 352)

It can be proclaimed when India’s security is threatened by:

War
External aggression
Armed rebellion

Important change: The phrase “internal disturbance” was replaced with armed rebellion, strengthening safeguards.

President’s Rule in a State (Article 356)

When the constitutional machinery in a state fails, President’s Rule can be imposed. This is one of the most debated powers because it directly affects federalism.

Real example (general): If a state government loses majority and cannot prove stability, or if governance becomes impossible due to breakdown of constitutional process, President’s Rule may be used—subject to strict constitutional and judicial standards.

Financial Emergency (Article 360)

It is a provision for severe financial stability threats. It has never been used in India, but it remains important for UPSC theory.

How Much Power Does the President Really Have? Discretion vs Aid and Advice

This is where many students get confused. The President is powerful in the Constitution’s text, but the system is designed so that the President normally acts on ministerial advice.

Where the President is generally bound

Appointments and decisions are normally on advice of the Council of Ministers (Article 74).
Most routine actions—assent, ordinances, summoning—follow Cabinet advice.

Where the President has “situational discretion” (practical, not unlimited)

Appointment of Prime Minister when no party has clear majority (hung Lok Sabha).
Asking a PM to prove majority on the floor of Lok Sabha when majority is doubtful.
Sending advice back once for reconsideration (Article 74 after the 44th Amendment).

Definition: Discretion means limited decision-making space in unusual situations. It is not personal rule; it is exercised to protect constitutional stability.

Landmark Supreme Court case: Shamsher Singh (1974)

This case is central to understanding the President’s position. Core idea in simple words:

The President (and Governors) are generally constitutional heads.
Real executive power is exercised by the Council of Ministers in a parliamentary system.
The President’s powers are mostly exercised on aid and advice.

Why UPSC loves this case: It cleanly explains “nominal head vs real head” without insulting the constitutional importance of the President.

President in 2025–2026: What Is Being Discussed Now?

In recent years, public debate around the President often comes from a few recurring issues. These are important for GS Paper 2 because they connect with constitutional morality, checks and balances, and democratic procedures.

1) Time taken for assent to Bills

When important Bills are passed by Parliament, people expect quick clarity—either assent or constitutional action. Delays create uncertainty for citizens, businesses, and states. This leads to debates about:

How quickly assent should be given
Whether Parliament should fix clearer timelines for processing Bills
How to balance careful constitutional scrutiny with timely decision-making

2) Ordinance route vs Parliamentary debate

Ordinances can be useful in urgent situations. But frequent ordinances can look like a shortcut to avoid Parliament. So, the debate continues on:

Limiting ordinance use to genuine urgency
Ensuring quick parliamentary review after reassembly
Avoiding repeated “re-promulgation” culture

3) President’s Rule and federal trust

Whenever Article 356 is discussed, two concerns rise:

Prevent misuse for political reasons
Maintain strong federalism while protecting constitutional governance in states

4) Role as a national unifier

In a diverse country, the President’s speeches, symbolic actions, and national visits can help strengthen unity—whether it is meeting soldiers, visiting disaster-hit areas, or encouraging scientific, cultural, and sports achievements.

Why the President’s Office Is Good for India: Benefits and Importance

Stability: Continuity of the State even when governments change.
Constitutional discipline: Government action follows formal constitutional procedure.
Federal balance: The President’s election reflects both Parliament and states.
Emergency coordination: Constitutional emergency powers create a central mechanism to respond to national threats.
Symbol of unity: The President represents the whole nation, not one party or region.
Mercy power: Article 72 can correct rare cases of extreme harshness or injustice, supporting humane governance.

Simple line for Mains: The President’s office strengthens democracy by combining national symbolism with constitutional checks and continuity.

Challenges and Concerns: Where Problems Arise

1) Confusion among citizens about real powers

Many people either think the President is powerless or think the President can run government directly. Both are wrong. The Constitution gives a balanced role—important, but normally bound by advice.

2) Delay and uncertainty in constitutional actions

When assent decisions take long, or when ordinances are used frequently, public trust in parliamentary debate may reduce.

3) Risk of politicisation

The President is expected to be above party politics. If the office is seen as acting mainly for one side, the “neutral constitutional head” image can weaken.

4) Federal tensions around Article 356

President’s Rule directly affects state autonomy. Past misuse created strong distrust. Even today, any Article 356 discussion attracts strong political controversy.

5) Mercy petitions and public pressure

Mercy power involves life and death decisions in some cases. Public emotions can be intense. The challenge is to balance justice, compassion, and constitutional values without political pressure.

Way Forward: How to Strengthen the Office While Respecting the Parliamentary System

Clear timelines for assent (through rules or law) to reduce uncertainty, while still allowing constitutional scrutiny.
Stronger ordinance discipline by limiting use to genuine urgency and ensuring proper parliamentary debate.
Better constitutional literacy so citizens understand the President’s role correctly (schools, colleges, public content).
Strict federal safeguards for Article 356, with floor tests as the main method to prove majority.
Transparent mercy process with clear reasoning and humane standards, while respecting confidentiality where needed.
Protect non-partisan dignity by following constitutional morality and staying above party battles.

Wrap-up: The President Is the Guardian of Constitutional Continuity

The President of India is the constitutional head who ensures the Republic works smoothly: government formation, law-making procedures, parliamentary functioning, emergency response, mercy power, and national representation. The President is not meant to replace elected government, but to ensure elected government functions within the Constitution’s limits.

For UPSC, the best final line is simple and powerful: The President is the constitutional stabiliser—strong in structure, careful in discretion, and central to India’s democratic continuity.

Previous Year UPSC Questions (PYQs) with Exam-Ready Answers

PYQ: Explain how the President of India is elected. Why is the system of proportional representation used?