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The President Of India

The President of India is the constitutional head of the Indian State and the head of the Union Executive.

The office of the President occupies the highest position in the constitutional framework of India.

Under the parliamentary system, the President is the nominal executive, while the real executive powers are exercised by the Prime Minister and the Council of Ministers.

The President acts according to the aid and advice of the Council of Ministers headed by the Prime Minister.

Constitutional Position Of The President

The President is mentioned in Part V of the Constitution.

The provisions relating to the Union Executive are contained in Articles 52 to 78.

Important Constitutional Facts

India shall have a President (Article 52).
Executive power of the Union is vested in the President (Article 53).
The President is the constitutional head of the State.
The President is known as the First Citizen of India.
The President is the Supreme Commander of the Defence Forces.

Election Of The President

The President is elected indirectly.

The election is conducted according to the system of Proportional Representation by means of the Single Transferable Vote, and voting is by secret ballot.

Electoral College

The President is elected by an Electoral College consisting of:

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

Not Included In Electoral College

Nominated members of Parliament.
Nominated members of State Legislatures.
Members of State Legislative Councils.

Qualifications For Election As President

A person must:

Be a citizen of India.
Have completed 35 years of age.
Be qualified for election as a member of Lok Sabha.
Not hold any office of profit under the Government.

Conditions Of Office

The President:

Cannot be a member of Parliament or a State Legislature.
Cannot hold any other office of profit.
Is entitled to official residence and other privileges.

Oath Or Affirmation

Before entering office, the President takes an oath before the Chief Justice of India.

In the absence of the Chief Justice, the senior-most judge of the Supreme Court administers the oath.

Oath Includes

Preserving, protecting and defending the Constitution.
Devoting oneself to the service and well-being of the people of India.

Term Of Office

The President holds office for a term of 5 years from the date of entering office.

However, the President continues until a successor assumes office.

Re-Election

The Constitution places no limit on the number of terms.

A person can be elected President any number of times.

Example

Dr. Rajendra Prasad remains the only President to have served two full terms.

Vacancy In Office

The office of the President may become vacant due to:

Expiry of term.
Resignation.
Removal by impeachment.
Death.
Otherwise becoming incapable of performing duties.

Resignation

The President may resign by writing to the Vice-President.

Impeachment Of The President

The President can be removed for violation of the Constitution.

The Constitution does not define the expression “violation of the Constitution.”

Procedure Of Impeachment

The charge can be initiated in either House of Parliament.
A 14-day notice must be given.
The notice must be signed by at least one-fourth of the total members of the House.
The resolution must be passed by a two-thirds majority of the total membership of the House.
The other House investigates the charge.
If the second House also passes the resolution by a two-thirds majority of its total membership, the President stands removed.

Powers Of The President

The powers of the President can be classified into:

Executive Powers.
Legislative Powers.
Financial Powers.
Judicial Powers.
Diplomatic Powers.
Military Powers.
Emergency Powers.

Executive Powers

The executive powers of the Union are vested in the President.

Major Executive Powers

Appoints the Prime Minister.
Appoints other ministers on the advice of the Prime Minister.
Appoints Governors of States.
Appoints the Attorney General of India.
Appoints the Comptroller and Auditor General of India.
Appoints Chief Election Commissioner and Election Commissioners.
Appoints UPSC Chairman and Members.
Appoints judges of the Supreme Court and High Courts.

Legislative Powers

The President is an integral part of Parliament.

Legislative Powers Include

Summons Parliament.
Prorogues Parliament.
Dissolves Lok Sabha.
Addresses Parliament.
Sends messages to Parliament.
Nominates members to certain constitutional bodies wherever provided by law.
Gives assent to Bills.
Promulgates Ordinances under Article 123 when Parliament is not in session.

Ordinance Making Power

The President can issue an Ordinance when:

Parliament is not in session.
Immediate action is necessary.

An Ordinance has the same force as an Act of Parliament.

However, it must be approved by Parliament within the prescribed constitutional period.

Financial Powers

Without the President’s recommendation:

A Money Bill cannot be introduced in Lok Sabha.
Certain financial proposals cannot be introduced in Parliament.

Other Financial Powers

Causes the Annual Financial Statement (Budget) to be laid before Parliament.
Recommends demands for grants.
Constitutes the Finance Commission every five years.

Judicial Powers

The President has the power to grant pardons under Article 72.

Pardoning Powers

The President may grant:

Pardon.
Reprieve.
Respite.
Remission.
Suspension.
Commutation.

Cases Covered

Punishment by Court Martial.
Offences against Union laws.
Death sentence cases.

Veto Powers Of The President

The President enjoys veto powers regarding Bills passed by Parliament.

Absolute Veto

The President withholds assent.

The Bill ends and does not become law.

Suspensive Veto

The President returns a Bill for reconsideration.

If Parliament passes it again, the President must give assent.

Pocket Veto

The President neither gives assent nor rejects the Bill and keeps it pending indefinitely.

Military Powers

The President is the Supreme Commander of:

Indian Army.
Indian Navy.
Indian Air Force.

Declarations of war and peace are made in the President’s name, subject to Parliamentary control.

Diplomatic Powers

The President represents India in international affairs.

Diplomatic Functions

Appoints ambassadors and high commissioners.
Receives foreign diplomats.
Concludes international treaties and agreements in the name of India.

Emergency Powers

The President exercises emergency powers under:

Emergency	Article
National Emergency	Article 352
President’s Rule	Article 356
Financial Emergency	Article 360

These powers can be exercised only according to constitutional procedures.

Relationship Between President And Prime Minister

India follows the parliamentary form of government.

The President is the constitutional head, while the Prime Minister is the real executive head.

The President normally acts on the aid and advice of the Council of Ministers headed by the Prime Minister.

Important Facts At A Glance

Topic	Fact
Constitutional Position	Head of State
Part	Part V
Articles	52–78
Minimum Age	35 years
Election Method	Single Transferable Vote
Electoral College	Elected MPs and MLAs
Term	5 years
Oath Administered By	Chief Justice of India
Removal	Impeachment
Judicial Power	Article 72
Ordinance Power	Article 123
National Emergency	Article 352
President’s Rule	Article 356
Financial Emergency	Article 360

FAQs On President Of India

Who is the head of the Indian State?

The President of India is the constitutional head of the Indian State.

Which Articles deal with the President of India?

The provisions relating to the President are mainly contained in Part V under Articles 52 to 78.

What is the minimum age to become President of India?

A person must be at least 35 years old.

How is the President elected?

The President is elected indirectly by an Electoral College through proportional representation using the single transferable vote system.

What is the term of the President?

The President holds office for 5 years.

Can a President be re-elected?

Yes. There is no constitutional limit on the number of terms.

Which Article gives pardoning power to the President?

Article 72 gives pardoning power to the President.

What is impeachment?

Impeachment is the constitutional process for removing the President for violation of the Constitution.

Which Article gives ordinance-making power?

Article 123 gives ordinance-making power to the President.

What are the three veto powers of the President?

The President has Absolute Veto, Suspensive Veto and Pocket Veto.

Who administers the oath of office to the President?

The Chief Justice of India administers the oath of office.

Is the President the real executive of India?

No. The President is the constitutional head, while the Prime Minister and Council of Ministers are the real executive.

Last Moment Exam Cheat Sheet – President Of India

Article 52 – India shall have a President.
Article 53 – Executive power vested in President.
Part V – Union Executive.
Articles 52–78 – President-related provisions.
First Citizen of India – President.
Minimum age – 35 years.
Term – 5 years.
Election system – Proportional Representation by Single Transferable Vote.
Electoral College – Elected MPs and MLAs.
Oath administered by – Chief Justice of India.
Removal – Impeachment for violation of Constitution.
Article 72 – Pardoning power.
Article 123 – Ordinance making power.
Absolute Veto – Assent withheld.
Suspensive Veto – Bill returned.
Pocket Veto – Bill kept pending.
Article 352 – National Emergency.
Article 356 – President’s Rule.
Article 360 – Financial Emergency.

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