The President of India

Articles Related to the President

Article	Provisions / Subject Matter
Article 52	There shall be a President of India (Head of State).
Article 53	Executive power of the Union is vested in the President.
Article 54	Composition of the Electoral College for electing the President.
Article 55	Manner of election of the President (Proportional Representation by Single Transferable Vote).
Article 56	Term of office of the President (5 years).
Article 57	Eligibility for re-election (No limit on re-election in India).
Article 58	Qualifications required to run for President.
Article 59	Conditions of the President’s office.
Article 60	Oath or affirmation by the President (Administered by the Chief Justice of India).
Article 61	Procedure for Impeachment of the President.
Article 62	Time of holding election to fill a vacancy in the office of President.
Article 65	Vice-President to act as President or discharge functions during vacancies.
Article 71	Matters/Disputes relating to the election of President or Vice-President (Decided by Supreme Court).
Article 72	Pardoning power of the President.
Article 74	Council of Ministers with the Prime Minister at the head to aid and advise the President.
Article 75	Appointment of the Prime Minister and other Ministers by the President.
Article 76	Appointment of the Attorney General for India.
Article 78	Duties of the Prime Minister to furnish information to the President.
Article 85	Sessions of Parliament, prorogation, and dissolution.
Article 108	Power to summon a Joint Sitting of both Houses of Parliament.
Article 111	Assent to Bills passed by Parliament (Veto powers).
Article 123	Power of President to promulgate Ordinances during recess of Parliament.
Article 143	Power of President to consult the Supreme Court (Advisory Jurisdiction).
Article 352	Power to declare National Emergency.
Article 356	Power to declare President’s Rule (State Emergency).
Article 360	Power to declare Financial Emergency.
Article 361	Protection/Privileges of President from judicial proceedings.

Qualifications for Election (Article 58)

      To be eligible for election as President, a person must meet the following conditions:

Citizenship: Must be a citizen of India.

Age: Must have completed 35 years of age.

Qualification: Must be qualified for election as a member of the Lok Sabha (House of the People).

No Office of Profit: Must not hold any office of profit under the Union, State government, or any local/public authority. (Note: Sitting President, Vice-President, Governor of a state, and Ministers are not considered holding an office of profit).

Election Procedure (Articles 54 & 55)

The President is elected indirectly through an Electoral College.

Who VOTES in the Election?

• Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha).
• Elected members of the Legislative Assemblies (MLAs) of all States.
• Elected members of Legislative Assemblies of Union Territories of Delhi, Puducherry, and Jammu & Kashmir.

Who DOES NOT Vote?

• Nominated members of Parliament and State Assemblies.
• Members (both elected & nominated) of State Legislative Councils (Vidhan Parishad).

Manner of Election

• System of Proportional Representation by means of Single Transferable Vote (STV).
• Voting is conducted via Secret Ballot.
• Any dispute regarding the election is investigated and decided exclusively by the Supreme Court of India (Article 71).

Impeachment of the President (Article 61)

The President can be removed from office before the expiration of their term through Impeachment.

• Ground: “Violation of the Constitution” (The Constitution does not define this phrase).
• Initiation: Impeachment charges can be initiated by either House of Parliament (Lok Sabha or Rajya Sabha).
• Notice: A 14-day advance notice in writing signed by at least 1/4th of the total members of that House must be given.
• Majority Required: The resolution must be passed by a majority of not less than 2/3rds of the total membership of that House.
• Second House: The other House investigates the charge. If passed by a 2/3rd majority of the total membership of the second House as well, the President stands removed.

Major Powers and Functions

A. Executive Powers

• All executive actions of the Government of India are formally taken in the President’s name.
• Appoints the Prime Minister, Union Council of Ministers, Governors of States, Chief Justice of India, Supreme Court/High Court judges, Comptroller and Auditor General (CAG), Chief Election Commissioner, Attorney General, and Chairman/members of UPSC.

B. Legislative Powers

• Part of Parliament (Article 79).
• Summons, prorogues Parliament, and can dissolve the Lok Sabha.
• Addresses Parliament at the commencement of the first session after each general election and the first session of each year (Article 87).
• Ordinance Making Power (Article 123): Can issue an ordinance when either House is not in session. An ordinance has the same force as an Act of Parliament but must be approved within 6 weeks from the reassembly of Parliament.

C. Financial Powers

• Money Bills can be introduced in Parliament only with the prior recommendation of the President.
• Causes the Annual Financial Statement (Budget) to be laid before Parliament (Article 112).
• Constitutes a Finance Commission every 5 years (Article 280).

D. Judicial Powers (Pardoning Power – Article 72)

The President has the power to grant pardons, reprieves, respites, or remissions of punishment, or suspend, remit, or commute sentences:

Pardon: Completely absolves the offender from all sentences and convictions.

Commutation: Substitution of a lighter form of punishment for a harsher one.

Remission: Reducing the period of sentence without changing its character.

Respite: Awarding a lesser sentence due to special facts (e.g., pregnancy or disability).

Reprieve: Temporary stay on the execution of a sentence (especially death penalty).

E. Emergency Powers

National Emergency (Article 352): Due to war, external aggression, or armed rebellion.

President’s Rule / State Emergency (Article 356 & 365): On breakdown of constitutional machinery in a state.

Financial Emergency (Article 360): If financial stability or credit of India is threatened.

PYQs

1. According to the Indian Constitution, who among the following has the power to declare an Emergency? [Clerkship 2023]

(A) Prime Minister

(B) President

(C) Chief Justice of India

(D) Speaker of Lok Sabha

Answer: (B) President

2. Under which Article of the Constitution is President’s Rule (State Emergency) promulgated in any state in India? [Clerkship 2023]

(A) Article 326

(B) Article 370

(C) Article 356

(D) Article 352

Answer: (C) Article 356

3. In which year did India’s former President Pranab Mukherjee receive the highest civilian award, the ‘Bharat Ratna’?  [Clerkship 2019]

(A) 2018

(B) 2019

(C) 2021

(D) 2017

Answer: (B) 2019

4. Who is the Supreme Commander of the Indian Armed Forces? [Clerkship 2019]

(A) Prime Minister of India

(B) Defense Minister of India

(C) Chief of Defence Staff

(D) President of India

Answer: (D) President of India

5. An Ordinance promulgated by the President of India remains in force after the reassembly of Parliament for a maximum period of—   [Clerkship 2007]

(A) 1 month

(B) 6 weeks

(C) 6 months

(D) 60 days

Answer: (B) 6 weeks