Constitutional Head of State
The President of India is the constitutional head of the Indian State, representing the nation's unity, integrity, and solidarity. While formally vested with vast executive, legislative, financial, judicial, diplomatic, and military powers, the President functions as a nominal or titular head in a parliamentary democratic system, exercising most powers on the "aid and advice" of the Council of Ministers headed by the Prime Minister.
Elected indirectly by an electoral college, the President embodies the symbolic authority of the state, ensuring the continuity of constitutional governance and acting as a neutral arbiter in specific political situations, primarily due to inherent discretionary powers.
Core Constitutional Framework
14.1.1: Head of the Indian State
Article 52: Office Established
"There shall be a President of India." Establishes the highest constitutional position in the Republic.
Part of Union Executive
Head of the Union Executive (President, VP, PM, CoM, AG - Art 53, 74, 75, 76).
First Citizen & Symbol
Paramount representative, embodying national unity, integrity, and solidarity.
Nominal Head of Executive
Functions on "aid and advice" of CoM (Article 74) in parliamentary system. Real executive power with PM.
14.1.2: Election of the President (Articles 54, 55, 71)
Electoral College (Art 54)
- Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha).
- Elected members of the Legislative Assemblies of the States.
- Elected members of the Legislative Assemblies of UTs of Delhi and Puducherry (70th Amendment Act, 1992).
- Note: Nominated members & MLCs DO NOT participate.
Manner of Election (Art 55)
- Proportional representation by single transferable vote.
- Voting by secret ballot.
- Aim: Uniformity in states' representation & parity between states and Union.
- Value of vote of an MLA = (Total population of state / Total elected MLAs) × (1/1000) (1971 Census, frozen till 2026+ by 84th Amd, 2001).
- Value of vote of an MP = (Total value of MLA votes / Total elected MPs).
- Electoral quota = (Total valid votes / 2) + 1 (since only one seat).
Disputes & Jurisdiction (Art 71)
Disputes regarding election are inquired into and decided by the Supreme Court (final decision).
Election cannot be challenged on the ground of vacancy in the electoral college (Art 71(4)).
14.1.3: Qualifications for Election (Article 58)
Citizenship
Must be a Citizen of India.
Age
Completed 35 years of age.
Lok Sabha Qualification
Qualified for election as a member of the Lok Sabha.
No Office of Profit
Must not hold any office of profit under Union/State Govt/public authority. (Sitting Pres/VP/Gov/Min not considered OP).
Nomination Requirements
Requires at least 50 electors as proposers and 50 electors as seconders. Security deposit of Rs. 15,000 (with RBI).
14.1.4 & 14.1.5: Oath & Conditions of Office
Oath or Affirmation (Art 60)
Administered by Chief Justice of India (or senior-most SC judge available).
Oath: "To faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote himself to the service and well-being of the people of India."
Conditions of Office (Art 59)
- Not a member of either House of Parliament or State Legislature (seat vacated on entering office).
- Shall not hold any other office of profit.
- Entitled to official residence (Rashtrapati Bhavan), emoluments, allowances, and privileges determined by Parliament (cannot be diminished).
- Immunity from criminal proceedings during term. Civil proceedings require two months' notice.
14.1.6: Term of President's Office (Article 56)
Five-Year Term
Holds office for five years from the date of entering office.
Resignation
Can resign by writing to the Vice-President, who informs the Speaker of the Lok Sabha.
Removal by Impeachment
Can be removed from office by impeachment for 'violation of the Constitution'.
Eligible for Re-election (Art 57)
Can be re-elected any number of times (unlike US President).
Continuity of Office
Holds office until successor enters upon office, even beyond 5 years, ensuring no vacuum.
14.1.7: Impeachment of President (Article 61)
Ground: "Violation of the Constitution" (not defined)
1. Initiation of Charges: Either House of Parliament.
2. Resolution Requirements: Signed by 1/4th members of initiating House.
3. Notice Period: 14 days' notice to President.
4. Passage in Initiating House: Passed by 2/3rd total membership of that House.
5. Investigation by Other House: Charges sent to the other House; President has right to appear/be represented.
6. Passage in Investigating House: If also passes by 2/3rd total membership.
7. Result: President stands removed from office from date of resolution passage.
Nominated members of Parliament can participate. Elected MLAs/UTs do not.
No President has been impeached so far.
14.1.8: Vacancy in President's Office (Article 62)
Causes of Vacancy
- On expiry of term.
- Resignation, removal (impeachment), or death.
- Otherwise (e.g., election declared void by SC, President becoming disqualified).
Time for Election
- Due to expiry of term: Election must be completed before expiry.
- Due to resignation/removal/death/otherwise: Election must be held within 6 months. New President holds office for full 5-year term.
Order of Succession (President (Discharge of Functions) Act, 1969)
1. Vice-President
Acts as President if vacancy or inability.
2. Chief Justice of India (CJI)
If VP's office is also vacant.
3. Senior-most SC Judge
If CJI's office is also vacant.
During this period, the acting President enjoys all powers, immunities, and emoluments of the President.
Powers and Functions of the President
Vested with numerous powers, largely exercised on the 'aid and advice' of the Council of Ministers.
- All executive actions of GoI formally taken in his name (Art 77).
- Appoints PM, other ministers (hold office during pleasure).
- Appoints AG, CAG, CEC, UPSC Chairman, Governors, FC members, etc.
- Can seek information from PM (Art 78) regarding administration/legislation proposals.
- Can require PM to submit matter for CoM consideration if taken by minister alone.
- Appoints commissions for SCs, STs, OBCs, and Inter-State Council.
- Directly administers UTs via administrators.
- Declares Scheduled Areas & administers Tribal Areas.
- Supreme Commander of defence forces.
- Integral part of Parliament (Art 79).
- Summons, prorogues Parliament, dissolves Lok Sabha (Art 85).
- Addresses Parliament (Art 87) at first session after general election & first session each year.
- Nominates 12 members to Rajya Sabha (Art 80) from specific fields. (Anglo-Indian nomination ceased - 104th Amd, 2019).
- Decides on MP disqualifications (Art 103) with EC.
- Prior recommendation for certain bills (Money Bills, state boundaries, Consolidated Fund expenditure).
- Assent to Bills (Art 111):
- Can give assent (becomes Act).
- Can withhold assent (Absolute Veto - bill does not become law).
- Can return bill for reconsideration (Suspensive Veto - if not Money Bill). Must assent if passed again.
- No time limit for ordinary bill (Pocket Veto - e.g., Indian Post Office (Amendment) Bill, 1986).
- Money Bills: Can only give/withhold assent; cannot return.
- Constitutional Amendment Bills: Must give assent (24th Amd, 1971).
- Promulgates Ordinances (Art 123):
- When Parliament not in session & immediate action needed.
- Co-extensive with Parliament's law-making power.
- Must be approved by Parliament within 6 weeks of reassembly (Max life: 6 months + 6 weeks).
- Subject to judicial review (e.g., D.C. Wadhwa case).
- Lays reports of CAG, UPSC, Finance Commission before Parliament.
- Makes regulations for UTs.
- Money Bills require prior recommendation.
- Causes Annual Financial Statement (Budget) laid before Parliament (Art 112).
- No demand for grant without recommendation.
- Can make advances from Contingency Fund of India.
- Constitutes Finance Commission every 5 years (Art 280).
- Appoints CJ & judges of SC and HCs.
- Pardoning Power (Art 72):
- In all cases of Court Martial.
- In all cases against a Union law.
- In all cases of death sentence.
- Types: Pardon (absolves completely), Commutation (lighter punishment), Remission (reduces period), Respite (lesser sentence due to special fact), Reprieve (temporary stay).
- Subject to judicial review on limited grounds (arbitrary, mala fide).
- Advisory Jurisdiction (Art 143): Seeks advice from SC on law/fact of public importance. SC's advice is not binding on President, nor is SC bound to give advice.
- Diplomatic Powers: International treaties in his name; represents India; sends/receives diplomats.
- Military Powers: Supreme Commander of defence forces; appoints Chiefs; declares war/concludes peace (subject to Parl approval).
- Emergency Powers: Proclaims National (Art 352), President's Rule (Art 356), Financial (Art 360) Emergencies (detailed in Module 13).
14.1.10: Position of the President: Relationship with CoM
Article 53(1): Formal Head
Executive power of Union vested in President, exercised directly or through subordinate officers in accordance with Constitution.
Article 74(1): Aid and Advice
CoM with PM at head to aid and advise President, who "shall, in exercise of his functions, act in accordance with such advice." (42nd Amendment Act, 1976 - made binding).
Proviso to Article 74(1) (44th Amd, 1978)
President may require CoM to reconsider such advice once. President shall act in accordance with advice tendered after reconsideration.
Cumulative effect & judicial pronouncements (e.g., Shamsher Singh v. State of Punjab, 1974) establish President as a constitutional/nominal head. "Reigns but does not rule."
14.1.11: Discretionary Powers (Situational)
Not explicitly constitutional, but arise from political exigencies and conventions.
Appointment of PM
When no party has a clear majority (Hung Parliament) or sudden death of PM with no obvious successor.
Dismissal of CoM
When CoM cannot prove confidence of Lok Sabha and refuses to resign.
Dissolution of Lok Sabha
If CoM has lost majority or is a caretaker government advising dissolution (President can assess alternative government possibility).
Use of Suspensive Veto
Returning a non-Money Bill for reconsideration (Art 111) – allows expressing reservation.
Seeking Information (Art 78)
Right to be informed about Union administration, a significant oversight power.
Reconsideration by CoM
Power to send back advice once for reconsideration (Proviso to Art 74(1)), highlighting concerns.
14.1.12: Comparison with Other Heads of State
| Feature | Indian President | British Monarch | US President |
|---|---|---|---|
| Role | Nominal/Constitutional Head of State | Titular Head of State (Constitutional Monarchy) | Both Head of State and Head of Government (Real Executive) |
| Selection | Indirectly Elected by Electoral College | Hereditary | Directly Elected (via Electoral College) |
| Executive Power | Exercises on "aid and advice" of CoM (nominal) | Exercises on "aid and advice" of Cabinet (nominal) | Real executive power; independent of Congress advice |
| Veto Power | Suspensive, Absolute, Pocket Veto (not for CA Bills, Money Bills) | Theoretically exists, but never used (royal assent is formality) | Strong veto power, can be overridden by Congress with 2/3 majority |
| Ordinance Power | Yes (Art 123), on advice of CoM | No equivalent power (Acts of Parliament) | No equivalent power (Executive Orders are distinct) |
| System | Parliamentary Republic | Parliamentary Monarchy | Presidential Republic |
| Accountability | Not directly accountable to Parliament for executive acts (CoM is) | Not accountable; monarch "can do no wrong" | Accountable to Congress but distinct branch (checks & balances) |
Conclusion & Significance
The President of India embodies the unique blend of the parliamentary and federal features of the Indian Constitution. As the nominal head of state, the President ensures continuity and stability, acting as the guardian of the Constitution. While constitutionally bound by the advice of the Council of Ministers, the President's role is far from a mere rubber stamp.
The inherent situational discretions, the power to seek reconsideration, and the oath to "preserve, protect, and defend the Constitution" underscore the President's important role as a moral guide and constitutional watchman, especially during periods of political instability or constitutional crisis. The debates surrounding the President's powers and their interplay with the executive are central to understanding the dynamic balance of power in India's vibrant democracy.
Exam Ready Notes
Prelims-Ready Notes
- Art 52: President of India. Part V: Union Executive.
- First Citizen: Symbol of unity. Nominal Head: Real powers with CoM (Art 74).
- Election (Art 54, 55): Electoral College (Elected MPs (LS+RS), Elected MLAs (States), Elected MLAs (Delhi+Puducherry - 70th Amd, 1992)).
- NOT participate: Nominated members, MLCs.
- Manner: Proportional Representation by Single Transferable Vote, Secret Ballot.
- Vote Value MLAs: Pop (1971) / Elected MLAs x 1/1000. (84th Amd, 2001 - 1971 Census till 2026+).
- Disputes (Art 71): Decided by Supreme Court (final). Cannot challenge on vacancy.
- Qualifications (Art 58): Citizen, 35 yrs, qualified for LS election, no office of profit (sitting Pres/VP/Gov/Min not OP). Nomination: 50 proposers, 50 seconders; Rs 15k security.
- Oath (Art 60): CJI (or senior-most SC judge). "Preserve, Protect, Defend the Constitution & Law."
- Conditions of Office (Art 59): Not MP/MLA, no other OP. Emoluments fixed by Parl (cannot be diminished). Immunity: Criminal - absolute; Civil - after 2 months' notice.
- Term (Art 56): 5 years. Resign to VP. Removed by impeachment. Re-election (Art 57): Eligible any number of times. Holds office till successor enters.
- Impeachment (Art 61): Ground: "Violation of the Constitution" (undefined). Quasi-judicial. Initiated by either House. Signed by 1/4th. 14 days' notice. Passed by 2/3rd total membership of initiating House. Sent to other House (investigates). If other House also passes by 2/3rd total membership, President removed. Participate: Nominated MPs. NOT participate: Elected MLAs/UTs. No President impeached so far.
- Vacancy (Art 62): Expiry, resignation, removal, death, void election. Election within 6 months. New Pres for full 5 years. Succession: VP acts. If VP absent, CJI acts. If CJI absent, senior-most SC Judge (President (Discharge of Functions) Act, 1969).
- Powers (on CoM advice, generally): Executive (Art 53, 77, 78), Legislative (Art 79, 80, 85, 87, 111, 123 - Veto types: Absolute, Suspensive, Pocket; Must assent to CA Bills (24th Amd); Ordinances: Art 123, Max 6m+6w, Subject to JR), Financial (Art 112, Contingency Fund, FC), Judicial (Art 72 - Pardoning Power types; Art 143 - Advisory Jurisdiction not binding). Diplomatic, Military, Emergency (Art 352, 356, 360).
- Position of President (Art 74): Constitutional/Nominal Head. Art 74(1): CoM to aid and advise. President shall act in accordance with such advice (42nd Amd). Proviso to Art 74(1): President can require CoM to reconsider advice once. Bound by reconsidered advice (44th Amd).
- Discretionary Powers (Situational): Appointing PM (hung LS/no clear successor). Dismissing CoM (lost confidence). Dissolving LS (lost majority/caretaker govt). Using suspensive veto. Seeking info (Art 78). Referring for reconsideration (Proviso Art 74(1)).
Mains-Ready Analytical Notes
Major Debates/Discussions:
- Rubber Stamp vs. Constitutional Watchdog: The 44th Amd reinforces the latter.
- President's Discretionary Powers: Crucial in hung Parliaments, balancing conventions.
- President's Role in a Hung Parliament/Coalition Era: Enhanced significance.
- Relationship with PM & CoM: Dynamic interaction, occasional 'tussles'.
- Ordinance Making Power (Art 123): Concern over frequent re-promulgation (D.C. Wadhwa case).
- Pardoning Power (Art 72): Scrutiny on grounds of arbitrariness.
Historical/Long-term Trends:
- Evolution of Constitutional Position: From initial assertiveness to 42nd (binding) & 44th (reconsideration) Amds.
- Impact of Amendments: Pivotal in formalizing parliamentary nature.
- Rise of Coalition Politics: Enhanced President's situational discretion.
- Judicial Interpretations: SC judgments (Shamsher Singh, Minerva Mills, S.R. Bommai, D.C. Wadhwa, Epuru Sudhakar) clarified powers.
- Presidents as Moral Conscience: Providing guidance, upholding propriety.
Contemporary Relevance/Significance:
- Institutional Stability: Crucial during political transitions.
- Guardian of the Constitution: A check against unconstitutional actions.
- Symbol of National Unity: Unifying figure in diverse India.
- Debate on 'Active' Presidency: Influence of individual personalities.
- Role in Crisis Management: Emergency powers (formal responsibility).
Real-world/Recent Examples:
- Presidential Elections (2017, 2022): Functioning of Electoral College, symbolic importance (Droupadi Murmu).
- President's Address to Parliament (Art 87): Regular event, outlines govt policies.
- Assent to Bills (Art 111): Ongoing process.
- SC's observations on Pardoning Power (Art 72): Ongoing scrutiny.
- Ordinance Promulgation (Art 123): Frequent use, SC criticism on re-promulgation.
UPSC Previous Year Questions
Prelims MCQs
1. UPSC Prelims 2018: With reference to the election of the President of India, consider the following statements:
- The value of the vote of each MLA varies from State to State.
- The value of the vote of MPs of the Lok Sabha is more than that of the MPs of the Rajya Sabha.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Hint/Explanation: Statement 1 is correct due to population and MLA numbers. Statement 2 is incorrect; the value of the vote of an MP (whether LS or RS) is the same.
2. UPSC Prelims 2017: Which one of the following is not a feature of Indian federalism?
- (a) There is an independent judiciary in India.
- (b) Powers have been clearly divided between the Centre and the States.
- (c) The federating units have been given unequal representation in the Rajya Sabha.
- (d) It is the result of an agreement among the federating units.
Hint/Explanation: The election of the President (Electoral College involving both Centre and States) is a key feature of India's quasi-federalism, where federal units did not "come together."
Mains Questions
1. UPSC Mains 2020 (GS Paper 2): "Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre. Discuss."
Value Points: Mention the President as part of the Union Executive. Briefly explain the electoral college (elected MPs + MLAs) as a federal feature. However, the President's nominal status means the real executive power is with the PM and CoM, which are heavily central. The President's emergency powers also lean towards strong Centre.
2. UPSC Mains 2016 (GS Paper 2): "Discuss the constitutional provisions that facilitate the President’s role in balancing the Executive and the Legislature in India."
Value Points:
- Legislative Powers: Summoning/proroguing Parliament, dissolving LS (Art 85). Addressing (Art 87). Assent to Bills (Art 111) - particularly suspensive veto and the one reconsideration power (44th Amd proviso to Art 74). Ordinance making (Art 123) when legislature is not in session (acting as temporary legislature).
- Executive Powers: Appointing PM in hung parliament (situational discretion). Right to information from PM (Art 78). Power to require CoM to reconsider advice (proviso to Art 74(1)).
- Role as Neutral Arbiter: Ensures constitutional process continues when there's instability (e.g., no clear majority, PM death).
- Conclusion: President, though titular, acts as a constitutional check and balance, safeguarding constitutional norms and ensuring the executive's accountability to the Constitution and implicitly to the spirit of the legislature.
Practice Questions
Original MCQs for Prelims
1. With reference to the impeachment of the President of India, consider the following statements:
- The charges for impeachment can be initiated only in the Lok Sabha.
- Nominated members of Parliament do not participate in the impeachment proceedings.
- If the impeachment resolution is passed by one House, it is sent to the other House for investigation, and the President has the right to appear and be represented.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Explanation:
Statement 1 is incorrect: The charges for impeachment can be initiated by either House of Parliament (Lok Sabha or Rajya Sabha).
Statement 2 is incorrect: Nominated members of Parliament do participate in the impeachment proceedings, even though they do not participate in the President's election.
Statement 3 is correct: This is a key part of the quasi-judicial procedure for impeachment (Article 61(2)).
2. Which of the following powers of the President of India are generally exercised without the binding aid and advice of the Council of Ministers?
- Granting pardon in cases of death sentences.
- Promulgating Ordinances when Parliament is not in session.
- Appointing the Prime Minister when no party has a clear majority in the Lok Sabha.
- Returning a non-Money Bill for reconsideration by Parliament.
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 3 and 4 only
- (c) 1, 2 and 4 only
- (d) 1, 2, 3 and 4
Explanation:
1. Granting pardon (Art 72): This is an executive power and is exercised on the aid and advice of the CoM. While subject to limited judicial review, it is not discretionary.
2. Promulgating Ordinances (Art 123): This power is exercised on the aid and advice of the CoM, not at President's discretion. The President must be 'satisfied', but this satisfaction is based on CoM advice.
3. Appointing PM (hung LS): This is a key situational/inherent discretionary power.
4. Returning a non-Money Bill (Suspensive Veto, Art 111): The act of sending it back for reconsideration is a limited, situational discretion. The President expresses his/her view.
Therefore, only 3 and 4 are generally considered situational discretionary powers.
Original Descriptive Questions for Mains
1. "Despite being the nominal head of the executive, the President of India plays a crucial role as a constitutional guardian and a symbol of national unity. Elaborate on the President's constitutional position and the situational discretionary powers that enable him/her to fulfill this role effectively." (15 marks, 250 words)
- Intro: President as Head of State, 1st Citizen, symbol of unity (Art 52). Acknowledge nominal status (Art 74).
- Constitutional Position (Nominal but Important): Formal Vesting (Art 53); Aid & Advice (Art 74, 42nd Amd); Reconsideration Power (44th Amd) – not a 'rubber stamp'; Oath to Defend Constitution (Art 60).
- Situational Discretionary Powers (Enabling Guardianship): Appointing PM (hung Parliament/sudden PM death); Dismissing CoM (lost confidence); Dissolving LS (lost majority/caretaker govt); Suspensive Veto (Art 111 proviso); Seeking Information (Art 78); Referring for Reconsideration (Proviso Art 74(1)).
- Role as Constitutional Guardian/Symbol of Unity: Through these powers and dignity of office, acts as neutral arbiter, ensures constitutional continuity, non-partisan symbol.
- Conclusion: Unique and essential place in India's parliamentary democracy, ensuring stability and upholding constitutional values.
2. "Analyze the significance of the 42nd and 44th Constitutional Amendments in shaping the President's relationship with the Council of Ministers in India. What are the implications of these changes for the balance of power between the executive and the head of state?" (10 marks, 150 words)
- Intro: Briefly state parliamentary system's principle of Head of State acting on Head of Government's advice.
- 42nd Amendment Act, 1976 (Binding Advice): Explicitly added that President "shall act in accordance with such advice" (Art 74(1)). Implication: Formalized elected executive's supremacy, seemed to make President a 'rubber stamp'.
- 44th Amendment Act, 1978 (One Reconsideration): Added proviso to Art 74(1) allowing President to send advice back for reconsideration once. President must act on reconsidered advice. Implication: Crucial re-balancing, provided 'single window' for President to express reservations, elevate to 'constitutional conscience', without undermining CoM's ultimate supremacy.
- Overall Impact on Balance of Power: Collectively defined President as nominal head bound by advice, but with limited reconsideration power. Ensures President promotes caution/propriety without usurping democratic executive powers.
- Conclusion: Struck a delicate balance, formalizing parliamentary nature while ensuring President retains moral/constitutional influence.