President of India - Election, Qualifications, Powers, Veto Powers, Ordinance Making Power, and Constitutional Position

President of India – Election, Qualifications, Powers, Veto Powers, Ordinance Making Power, and Constitutional Position (UPSC Notes)

In the Indian Constitution, the President is the Head of the State and the first citizen of India. Many UPSC questions test a key idea: the President looks powerful on paper, but in practice works within a parliamentary system where the real executive is the Council of Ministers headed by the Prime Minister. This article explains the President's election process, eligibility, major powers, veto powers, ordinance-making, and constitutional position in a clear, exam-ready way.

1. Constitutional Basis and Key Articles (UPSC Must-Know)

The office of President is created by Article 52. The President's powers, election method, and working are spread across multiple articles.

2. Election of the President of India (Articles 54–55)

2.1 Who elects the President? (Electoral College)

The President is elected indirectly by an electoral college consisting of:

• Elected members of Lok Sabha
• Elected members of Rajya Sabha
• Elected members of the Legislative Assemblies of States
• Elected members of the Legislative Assemblies of UTs with legislatures (added by the 70th Constitutional Amendment Act, 1992 for Delhi and Puducherry)

Not included:

• Nominated members of Lok Sabha and Rajya Sabha
• Members of State Legislative Councils (MLCs)
• Nominated members of State Assemblies (where applicable)

2.2 Why is the election indirect? (UPSC Mains angle)

• India follows a parliamentary system where the President is the constitutional head, so direct election is avoided to prevent a "dual legitimacy" conflict with the Prime Minister.
• It ensures a balance between the Union and States through a combined electoral college.

2.3 Method of election: PR-STV + Secret Ballot

The President is elected by:

• Proportional Representation
• Single Transferable Vote (STV)
• Secret ballot

Meaning (simple): Voters mark preferences (1, 2, 3…) among candidates. If no candidate crosses the required quota in the first count, lower-ranked candidates are eliminated and their votes are transferred according to next preferences, until someone wins.

2.4 Value of votes (Article 55) – Very Important for Prelims

The Constitution tries to maintain:

• Uniformity among States (based on population) and
• Parity between States and the Union (MLAs' total value roughly equals MPs' total value)

(A) Value of an MLA's vote:

Value depends on the state's population and the number of elected MLAs.

• Broad formula idea: State population ÷ number of elected MLAs (then adjusted in multiples of 1000 as per constitutional method)
• If fraction is more than 500, it is rounded up.

(B) Value of an MP's vote:

• Total value of votes of all MLAs across India ÷ Total number of elected MPs (Lok Sabha + Rajya Sabha)

UPSC trap: The "population" used has historically been linked to the census base frozen for representation purposes (commonly referenced as the 1971 census base under constitutional scheme, with later constitutional freezes continuing this approach until the post-2026 census-based changes).

2.5 Who conducts the election and who decides disputes?

• The election is conducted by the Election Commission of India under the applicable law.
• Disputes regarding the election of the President are decided by the Supreme Court of India (Article 71).

3. Qualifications and Conditions for the Office (Articles 58–59)

3.1 Qualifications (Article 58)

A person is eligible to be elected as President if he/she:

• Is a citizen of India
• Has completed 35 years of age
• Is qualified to be elected as a member of Lok Sabha
• Does not hold any office of profit under the Government of India, any state government, or any local/other authority under government control

Office of profit exception: Certain offices are allowed (for example, a sitting President/VP/Governor/Minister is not treated as holding an office of profit for this purpose, as per constitutional scheme and interpretation).

3.2 Conditions of office (Article 59)

• The President cannot be a member of either House of Parliament or a State legislature; if elected, the seat becomes vacant.
• The President cannot hold any other office of profit.
• The President is entitled to official residence and emoluments as per law.

3.3 Oath (Article 60)

The President swears to preserve, protect and defend the Constitution and the law and to devote himself/herself to the service and well-being of the people of India.

4. Term, Re-election, Vacancy, and Succession

4.1 Term (Article 56)

• Term is 5 years from the date of entering office.
• The President can resign by writing to the Vice-President.
• The President can be re-elected any number of times (no constitutional limit).

4.2 Vacancy and acting President (Articles 62, 65)

• If vacancy occurs due to death/resignation/removal, election must be held within 6 months.
• The Vice-President acts as President when the President's office is vacant.

5. Impeachment of the President (Article 61) – Procedure in Steps

The President can be removed only for "violation of the Constitution". This is a special and strict process.

1. A charge can be initiated in either House of Parliament.
2. The proposal must be signed by at least one-fourth of the total members of that House.
3. A 14-day notice must be given to the President.
4. The initiating House must pass the resolution by a special majority (commonly tested: two-thirds of the total membership of that House).
5. The other House investigates the charge. The President has the right to appear and be represented.
6. If the other House also passes the resolution by the required special majority, the President is removed.

UPSC point: Impeachment is a quasi-judicial political process inside Parliament, not a court trial.

6. Powers and Functions of the President (Exam-ready Classification)

UPSC often asks: "List the President's powers" and then tests whether these powers are real or nominal in practice. The best way is to learn them category-wise.

6.1 Executive Powers

• All executive actions of the Union are taken in the President's name (Article 77 provides rules for transaction of government business).
• Appoints the Prime Minister and, on PM's advice, appoints other ministers (Article 75).
• Appoints key constitutional authorities, such as:
  • Attorney General of India
  • Comptroller and Auditor General
  • Chief Election Commissioner and Election Commissioners (as per law)
  • Chairman and members of UPSC
  • Governors of states
  • Chief Justice of India and judges of the Supreme Court and High Courts (as per constitutional procedure)
• Represents India in international affairs; appoints ambassadors; signs treaties (done through government).
• Is the Supreme Commander of the Armed Forces (practically exercised through the government).

6.2 Legislative Powers

• Summons and prorogues Parliament and dissolves Lok Sabha (Articles 85).
• Addresses Parliament (first session after election and first session each year) and can send messages.
• Can call a joint sitting of Parliament for deadlock on an ordinary bill (Article 108).
• Nominates members to Rajya Sabha (12 persons with special knowledge in art, literature, science, social service) (Article 80).
• Note on Lok Sabha nomination: Earlier, the President could nominate 2 Anglo-Indian members to Lok Sabha (Article 331), but this provision was removed by the 104th Constitutional Amendment Act, 2019 (effective from 2020).

6.3 Financial Powers

• No money bill can be introduced in Lok Sabha without the President's recommendation.
• The Union Budget is laid before Parliament in the President's name.
• Recommends demands for grants (practically through government).
• Constitutes the Finance Commission (Article 280).

6.4 Judicial Powers (Article 72)

The President can grant:

• Pardon (removes both sentence and conviction)
• Reprieve (temporary suspension)
• Respite (reduce sentence due to special circumstances)
• Remission (reduce amount of punishment)
• Commutation (change punishment to a lighter one)

Special scope: President's power is wider than Governor's because it includes:

• Cases of court-martial
• Offences against Union law
• Death sentence cases

6.5 Emergency Powers

• National Emergency (Article 352)
• President's Rule / State Emergency (Article 356)
• Financial Emergency (Article 360)

UPSC clarity: Even during emergencies, the President generally acts on the aid and advice of the Council of Ministers. The President is not a personal dictator; India is not a presidential system.

7. Veto Powers of the President (Article 111) – Types and Application

Veto means the President's power to refuse assent to a bill. In India, the President's veto powers are not written as "types" in one article, but they are understood through constitutional provisions and practice.

7.1 Four types of veto (UPSC standard classification)

• 1) Absolute veto: President withholds assent to a bill. The bill ends and does not become law.
• 2) Suspensive veto: President returns the bill (not a money bill) for reconsideration. If Parliament passes it again (with or without amendments), the President must give assent.
• 3) Pocket veto: President takes no action and keeps the bill pending for an indefinite time. The Constitution does not prescribe a time limit for giving assent (except in certain situations), so delay becomes a "pocket veto" in practice.
• 4) Qualified veto: Seen in some countries; not a normal feature of India's presidential assent system for Union bills.

7.2 What options does the President have for different bills?

7.3 Practical UPSC notes on veto

• Suspensive veto is effective only temporarily because Parliament can override it by passing the bill again.
• Absolute veto is usually relevant when:
  • a private member's bill is passed, or
  • a government bill is passed but the government later changes and the new government does not support it (then assent may be withheld as per political convention).
• Pocket veto is possible because the Constitution does not fix a strict time limit for assent in the general case.

8. Ordinance Making Power (Article 123) – Full UPSC Explanation

An Ordinance is a law made by the President when Parliament is not in session. It has the same force as an Act of Parliament, but it is temporary.

8.1 When can the President issue an Ordinance?

The President can promulgate an ordinance only when:

• Both Houses of Parliament are not in session (or when one House is not in session and immediate action is needed)
• The President is satisfied that circumstances exist which render it necessary to take immediate action

Important constitutional reality: The President's "satisfaction" is not purely personal; in practice it is based on the aid and advice of the Council of Ministers.

8.2 Life cycle of an Ordinance (Most tested point)

• Ordinance must be laid before Parliament when it reassembles.
• It ceases to operate 6 weeks after Parliament reassembles, unless approved earlier.
• If both Houses pass it as a bill, it becomes a regular law.
• The President can withdraw the ordinance at any time (on government advice).

8.3 Limits and judicial view (UPSC advanced)

• Ordinance-making is meant for emergencies, not for routine lawmaking.
• Re-promulgation (bringing the same ordinance again and again without passing it in Parliament) has been strongly criticised by the Supreme Court:
  • D.C. Wadhwa case (1987): repeated re-promulgation is a misuse of constitutional power.
  • Krishna Kumar Singh case (2017): re-promulgation without placing before legislature is a "fraud on the Constitution" (principle-level takeaway).

8.4 Ordinance vs Act of Parliament (Quick comparison)

9. Constitutional Position of the President: Nominal Head vs Real Executive

9.1 The "dual picture" in the Constitution

• Article 53: Executive power of the Union is vested in the President.
• Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.

Meaning (simple): The Constitution writes executive power in the President's name, but the daily running of government is done by the elected government (PM + Council of Ministers).

9.2 Is the President bound by advice? (42nd and 44th Amendments)

• 42nd Constitutional Amendment Act, 1976: made the advice of the Council of Ministers binding on the President.
• 44th Constitutional Amendment Act, 1978: allowed the President to return the advice once for reconsideration.
• If the Council of Ministers sends the advice again (after reconsideration), the President must accept it.

9.3 Does the President have any discretion?

In a parliamentary democracy, discretion is limited and mainly arises in rare situations, such as:

• Appointment of the Prime Minister when no party has a clear majority (hung Lok Sabha)
• When a PM has lost majority and no alternative is clear, the President's role in inviting leaders follows constitutional conventions

UPSC clarity: Even here, the President follows constitutional conventions and objective indicators of majority support.

9.4 Landmark constitutional principle (judicial support)

• Shamsher Singh case (1974): President (and Governor) are constitutional heads and generally act on the aid and advice of the Council of Ministers, except in limited constitutional situations.

10. President vs Prime Minister (Quick Comparison Table)

11. Common UPSC Traps and Concept Checks

• Trap 1: "President is the real executive." → Incorrect in practice; India is parliamentary.
• Trap 2: "Nominated MPs vote in President's election." → Incorrect.
• Trap 3: "Money Bill can be returned by President." → Incorrect; it cannot be returned.
• Trap 4: "President can veto a constitutional amendment bill." → Incorrect; assent is mandatory.
• Trap 5: "Ordinance is permanent law." → Incorrect; it is temporary and needs parliamentary approval.

12. UPSC PYQs and Model Answer Frameworks

13. Practice MCQs (with Explanations)

1. Which of the following are members of the electoral college for the election of the President of India?

   • 1) Elected members of Lok Sabha
   • 2) Nominated members of Rajya Sabha
   • 3) Elected members of State Legislative Assemblies
   • 4) Members of State Legislative Councils

   Answer: 1 and 3 only. Explanation: Nominated members and MLCs are excluded.

2. The President of India is elected by:

   • A) Simple majority system
   • B) Proportional representation by single transferable vote
   • C) Proportional representation by list system
   • D) Direct election by universal adult franchise

   Answer: B. Explanation: PR-STV with secret ballot is the constitutional method.

3. Which bill cannot be returned by the President for reconsideration?

   • A) Ordinary bill
   • B) Money bill
   • C) Constitutional amendment bill
   • D) Private member bill

   Answer: B. Explanation: Money bill cannot be returned; amendment bill must be assented to.

4. With respect to a Constitutional Amendment Bill passed under Article 368, the President:

   • A) May withhold assent
   • B) May return it once
   • C) Must give assent
   • D) Has pocket veto

   Answer: C. Explanation: President has no veto over constitutional amendment bills.

5. Ordinances promulgated by the President must be approved by Parliament within:

   • A) 3 months
   • B) 6 weeks of reassembly
   • C) 6 months
   • D) 1 year

   Answer: B. Explanation: It ceases after 6 weeks from reassembly unless approved earlier.

6. The President can return the advice of the Council of Ministers for reconsideration:

   • A) Any number of times
   • B) Only once
   • C) Only for money matters
   • D) Never

   Answer: B. Explanation: 44th Amendment (1978) allows return once; then advice becomes binding.

7. The President can be removed from office only on the ground of:

   • A) Misconduct
   • B) Incapacity
   • C) Violation of the Constitution
   • D) Loss of majority support in Parliament

   Answer: C. Explanation: Article 61 specifies "violation of the Constitution".

8. Which of the following is/are included in the President's pardon power under Article 72?

   • 1) Court-martial cases
   • 2) Death sentence cases
   • 3) Offences against state laws only

   Answer: 1 and 2 only. Explanation: President's power extends to court-martial and death sentence; Governor's is narrower.

9. The 70th Constitutional Amendment Act, 1992 is related to:

   • A) Making advice binding on the President
   • B) Inclusion of certain UT legislatures in the President's electoral college
   • C) Abolition of privy purses
   • D) Extension of Lok Sabha term

   Answer: B. Explanation: It added elected members of Delhi and Puducherry assemblies to the electoral college.

10. In India, the President is best described as:

    • A) Real executive head like the US President
    • B) Constitutional head working within parliamentary system
    • C) Head of judiciary
    • D) Directly elected executive with fixed powers independent of Parliament

    Answer: B. Explanation: India follows parliamentary system; President is constitutional head.

14. Conclusion: Exam-ready Takeaway

The President of India is a constitutional head with significant powers on paper—appointments, assent to bills, ordinances, pardons, and emergency proclamations. However, India's parliamentary design ensures that the President usually acts on the aid and advice of the Council of Ministers. For UPSC, focus on: election method (PR-STV), electoral college composition, veto types across bill categories, ordinance life-cycle (6-week rule), and the President's constitutional position after the 42nd (1976) and 44th (1978) amendments.