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 PRESIDENT

President of India

❖ Article 52 - There shall be a President of India.

❖ Article 53 - Executive power of the Union: The executive power of the Union shall be vested in the
President and shall be exercised by him either by himself or by officer’s subordinate to him in
accordance with this Constitution.
❖ He is the highest officer of the armed forces of India.
❖ The President is simply the constitutional head or symbolic head or executive head of the country
or the legal head or symbol of the nation.

Presidential election

❖ The President shall be elected by the members of an electoral college:

➢ Elected MP
➢ Elected state legislators
➢ Elected MLAs of the National Capital Territory of Delhi and the Union Territory of Puducherry
(added by the 70th Amendment Act, 1992).
❖ Thus, the nominated members of both the houses of the Parliament, the nominated members of
the State Legislative Assemblies and the members of the State Legislative Councils do not
participate in the election of the President.
❖ Article 55 of the Constitution tells about the procedure for the election of the President and there
is a provision in the Constitution that, in the election of the President, the representation of
different states should be equal, so the members of the State Legislative Assemblies and
Parliament are given votes according to their representation.
Total Population of the state 1
MLA ' s vote = 
Total number of elected members in the legislative assembly 1000

Total value of votes of all MLA ' s of all states

Value of MP ' s vote =
Total number of elected membery of parliament

Total number of valid votes polled

Electoral quota = +1
1 + 1 = (2)

❖ The President is elected by proportional representation by means of single transferable vote and
secret ballot.
❖ All disputes related to presidential election are investigated and decided by the Supreme Court
and its decision is final.
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❖ These elections are supervised and conducted by the Election Commission of India.
❖ So far only one President, Neelam Sanjiv Reddy, has been elected unopposed.
❖ Dr. Rajendra Prasad became the only President to be elected twice.
❖ Two Presidents, Dr. Zakir Hussain and Fakhruddin Ali Ahmed, died during their tenure.

President's term of office (Article 56) and re-election (Article 57)

❖ Service period - 5 years

❖ He can submit his resignation to the Vice-President.
❖ He can be re-elected to his office any number of times.

Qualification (Article-58), Conditions (Article-59) and Oath (Article-60)

❖ Eligibility
➢ He must be a citizen of India.
➢ Attain an age of 35 years.
➢ He should qualify the conditions to be elected as a member of the Lok Sabha.
❖ he should not hold any office of profit
❖ He should not be a member of either House of the Parliament or of the State Legislature. If such
a person is elected President, he will have to resign from that House before taking office.
❖ A candidate must have at least fifty proposers and fifty seconders for a nomination for the election
of the President.
❖ The oath of office of the President is administered by the Chief Justice of the Supreme Court and
in his absence by the senior most judge of Supreme court.
❖ The benefits, allowances and privileges of the President are determined by the Parliament.
❖ During his tenure, he is immune from any criminal proceedings. Even by personal act, he cannot
be arrested or sent to jail, although he can be prosecuted for his personal acts during his tenure
after giving two months’ notice.

Impeachment of the President (Article 61)

❖ The removal of the President from his office can be impeached with the help of constitutional
means.
❖ The President can be impeached for 'violating the Constitution'. However, the constitution has not
defined this sentence.

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 ❖ The charges of impeachment can be initiated in either House of the Parliament. However, fourteen
days' notice should be given to the President before accepting this motion.
❖ These charges must be signed by one-fourth of the members of the House.
❖ After this motion of impeachment is accepted in that House of Parliament, it is necessary to pass
by a two-thirds majority.
❖ After this it is sent to the second house, which should investigate these allegations.
❖ If the second house finds these allegations to be true and passes the impeachment motion by a
two-thirds majority, the President will have to step down from his office from the date the motion
is passed.
❖ Thus, impeachment is a quasi-judicial process of Parliament and although nominated members of
both the Houses of Parliament who did not participate in the election of the President can
participate in this impeachment and elected members of the State Legislatures do not participate
in this impeachment motion.

Presidential vacancy

❖ If the office of the President becomes vacant due to his death, resignation, expulsion or for any
reason, the Vice-President shall act as the acting President until the new President is elected.
❖ If the office of the Vice-President is vacant, the Chief Justice of India or if his office becomes
vacant, the senior-most Judge of the Supreme Court shall act as the Acting President.
❖ If there is a vacancy in the office of the President, it is mandatory to hold elections within six
months.

President's Powers

Executive Powers: -
❖ All government related work is done in his name. He is the constitutional head or symbolic head
or executive head or legal head.
❖ President appointed the prime minister, and other ministers are appointed on the advice of the
Prime Minister by president.
❖ President appoints the Attorney General of India, the Comptroller and Auditor General of India,
the Chief Election Commissioner and other Election Commissioners, the Chairman and members
of the Union Public Service Commission, the Governors of the State, the Chairman, and members
of the Finance Commission, etc.
❖ He appoints the Inter-State Council and can declare any area as a Scheduled Area and also takes
a decision about declaring any tribe as a Scheduled Tribe.
❖ He can appoint a commission for Scheduled Castes, Scheduled Tribes and Other Backward Classes.
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Legislative powers: -
❖ He can call and adjourn the sitting of Parliament and can dissolve the Lok Sabha.
❖ He can call for a joint session of the Parliament (which is presided over by the Speaker of the Lok
Sabha).
❖ He nominates twelve members to the Rajya Sabha from amongst persons associated with or
knowing literature, science, art and social service and can also nominate two people from the
Anglo-Indian community. (Provisions related to the nomination of two Anglo-Indian community
persons under the 104th Constitutional Amendment Act 2019 and Article 334, will expire on 25
January 2020 if it is not extended for a future period).
❖ His recommendation or permission is necessary for the introduction of certain types of bills such
as money bills, bills relating to expenditure from the Consolidated Fund of India, etc.
❖ He can reserve his assent to a bill, return it to Parliament for reconsideration or exercise his pocket
veto.
❖ He can issue ordinances during the prorogation of Parliament.
❖ He places the reports of Finance Commission, Comptroller and Auditor General, Union Public
Service Commission etc. before the Parliament.
❖ No demand for grants can be made without his recommendation and he constitutes a Finance
Commission every five years for the distribution of revenue between the state and the centre.

Judicial powers
❖ He appoints the Chief Justice of the Supreme Court and the judges of the Supreme Court and High
Courts.
❖ He can take advice from the Supreme Court on any law or fact.
❖ He can pardon.(Article 72)

Emergency powers
National Emergency (Article 352)
❖ National emergency is declared in the circumstances of war, external aggression or armed
rebellion.
❖ National emergency can be declared by the President only on the written advice of the cabinet
ministers headed by the Prime Minister and this proclamation of emergency must be approved
within one month.
❖ National Emergency can be imposed for six months and after the approval of Parliament every six
months it can be extended for an indefinite period.

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 ❖ In the event of a national emergency, the fundamental rights of citizens may be suspended. In
this situation the six Fundamental Rights guaranteed by Article 19 automatically stand suspended.
However, Articles 20 and 21 remain in force even in times of national emergency.
❖ National emergency has been imposed in the country for the following three times: -
➢ 1962 Indo-China war
➢ 1971 Indo-Pakistan war
➢ 1975 to 1977: declared on account of "internal disturbance"
President's Rule (Article 356): State Emergency
❖ State emergency is declared under the following provisions:
➢ Under Article 356, after the failure of the constitutional machinery in the state, the center
can take control of the state government.
➢ Under Article 365, if the State fails to comply with the directions given by the Centre.
❖ The declaration must be approved by both the Houses of Parliament within two months of its issue.
❖ It can be imposed for six months and after the approval of Parliament every six months it can be
extended for a maximum period of three years.
❖ If necessary, the emergency can also be extended for more than three years by constitutional
amendment, as was done in the case of Punjab and Jammu and Kashmir.
❖ After one year, President's rule can be extended for six months only if the following two conditions
are fulfilled:
➢ If a national emergency has been declared for the whole of India or the whole or any part
of the state.
➢ The Election Commission should certify that there are difficulties in conducting elections to
the Legislative Assembly in the concerned State.
❖ In this type of emergency, the administration of the state is run by the Governor in the name of
the President. The State Legislative Assembly can be dissolved or suspended.
❖ The work of making laws is done by the Parliament on 61 subjects of the State List. Money Bills
are sent to the Parliament for approval.
❖ This type of emergency has been called hundreds of times in India and for the first time it was
imposed in Punjab.
Financial Emergency (Article 360)
❖ If the financial position or credit of India or any of its territories is in danger, a financial emergency
can be declared by the President.
❖ The declaration must be approved by a simple majority of both the Houses of Parliament within
two months from the date of its issuance.
❖ Once approved by both the Houses of Parliament, it will remain in effect indefinitely (no maximum
time limit). It can be withdrawn by the President at any time without parliamentary approval.
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President's veto power
The following three types of veto powers have been given to the President of India:
Absolute Veto:
❖ It means to keep a bill passed by the Parliament safe with itself. The bill thus lapses and cannot
become an Act.
❖ The President can use an extreme veto in the following two cases:
➢ If the bill passed is a private member bill.
➢ If the cabinet resigns before the bill gets the assent of the President. The new cabinet can
advise the President not to give his assent to the bill.
❖ For example, in the year 1954, Dr. Rajendra Prasad had withheld his decision on the PEPSU
Appropriation Bill and in the year 1991, R. Venkataraman kept the Salary, Allowances and Pensions
(Amendment) Bill, Member of Parliament with him.
Suspension veto:
❖ Returning a bill to Parliament for reconsideration However, the President can return a bill to
Parliament for reconsideration only once, after which he must give his assent without exercising
his veto powers. Also, while sending the bill to the President again, the Parliament has to pass it
by a simple majority and not by a special majority.
❖ As in the year 2006, Dr. A.P.J. Abdul Kalam had exercised this veto power in the case of Office of
Profit Bill.
❖ (Note: The US President exercises the power of the qualified veto which is similar to the suspending
veto in terms of application, but it is comparatively more powerful than the latter because once
returned by the US President, the bill needs the President's assent. must be approved by a two-
thirds majority of both the houses)
Pocket Veto:
❖ Not taking any decision on a bill sent to the President.
❖ There is no time limit fixed in the Constitution of India for giving a decision on a bill that has come
before the President. Hence the pocket veto of the President of India is greater than that of the
President of America (the US President has to act on the bill within 40 days).
❖ In the year 1986, President Giani Zail Singh had used this veto in the context of the Indian Posts
(Amendment) Act.
❖ Note: The President has no veto power in the case of Constitutional Amendment Acts. In such
Acts the President is bound to give his assent (by the 24th Constitutional Amendment Act 1971).

President's power to issue ordinances (Article 123)

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 ❖ Ordinances can be issued by the President only when either or either of the Houses of Parliament
is not in session.
❖ The ordinance is required to be passed by the Parliament within six weeks of the re-session. Hence,
the maximum duration of an ordinance is "six months and six weeks".
❖ The President can issue an ordinance only on the advice of the Cabinet headed by the Prime
Minister.

Financial powers of the president

❖ Money Bills can be introduced in the Parliament only with the prior approval of the President.
❖ He can arrange for advance payment for any invisible expenditure from the Contingency Fund of
India.
❖ He constitutes a Finance Commission every five years for revenue sharing between the State and
the Centre.

Pardoning power of the President (Article 72)

❖ The President has the power to grant pardon, reprieve, commutation, remission, respite to any
persons convicted in any Union Law, or by a court-martial or in cases of death penalty.
❖ It is an executive power, and the Governor has been also given this power under Article 161,
although he cannot pardon the punishment given by a military court or in the case of death
sentence.
❖ The President can exercise this power only on the advice of the Union Cabinet.
❖ The power of the President to grant pardon includes the following powers:
➢ Pardon: In this both punishment and imprisonment are removed and the guilty is completely
freed from all punishments, punishments and disqualifications.
➢ Commutation: In this, the nature of punishment is changed, such as converting death
sentence to rigorous imprisonment and rigorous imprisonment to simple imprisonment.
➢ Remission: In this, without changing the nature of punishment, its term is reduced, such as
changing two years of rigorous imprisonment to one year of rigorous imprisonment.
➢ Respite: In this, the sentence originally awarded is reduced by reason of some special
circumstances such as physical disability or the duration of pregnancy in women.
➢ Reprieve: Means the temporary suspension of any punishment (especially the death penalty).
Its purpose is to give time to the guilty to seek forgiveness or change the nature of punishment.

Discretionary powers of the president

❖ Appoints the Prime Minister in the event of no party having a clear majority in the Lok Sabha or
the sudden death of the Prime Minister and no clear successor.
❖ He can dissolve the cabinet if he cannot prove the confidence motion in the parliament.
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❖ If the cabinet has lost its majority, he can dissolve the Lok Sabha.
❖ To exercise suspending veto in the case of a Bill.

Constitutional immunity for the president

❖ Article 361 is an exception to Article 14 (right to equality) of the Indian Constitution. Its features
are as follows:
➢ The President or the Governor is not answerable to any court for the exercise of the powers
and duties of his office.
➢ No criminal proceedings shall be instituted against the President or the Governor during the
term of his office.
➢ No arrest or imprisonment shall be made against the President or the Governor during the
term of his office.
➢ Civil proceedings against a Governor or the President in his personal capacity can be taken
only with a prior notice of two months.

Diplomatic powers
❖ International treaties and agreements are made in the name of the President, although
Parliament's approval is mandatory for these.
❖ He represents India in international affairs and forums and sends and welcomes diplomats such
as politicians and high commissioners.

List of presidents of India since Independence

Sr. No. Name Tenure

1 Rajendra Prasad 13 May 1952 – 13 May 1957

13 May 1957 – 13 May 1962
2 S. Radhakrishnan 13 May 1962 – 13 May 1967
3 Zakir Hussain 13 May 1967 – 3 May 1969
Acting VV Giri 3 May 1969 – 20 July 1969 (Acting)
4 VV Giri 24 August 1969 – 24 August 1974
Acting M Hidayatullah 20 July 1969 to 24 August 1974
5 Fakhruddin Ali Ahmed 24 August 1974 – 11 February 1977
Acting BD Jatti 12 February 1977 to 25 July 1977
6 Neelam Sanjiva Reddy 25 July 1977 – 25 July 1982
7 Gyani Zail Singh 25 July 1982 – 25 July 1987

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 8 R Venkataraman 25 July 1987 – 25 July 1992
9 Shankar Dayal Sharma 25 July 1992 – 25 July 1997
10 KR Narayanan 25 July 1997 – 25 July 2002
11 APJ Abdul Kalam 25 July 2002 – 25 July 2007
12 Pratibha Patil 25 July 2007 – 25 July 2012
13 Pranab Mukherjee 25 July – 25 July 2017
14 Ram Nath Kovind 25 July 2017 – Incumbent

Some facts about President of India

❖ Dr Rajendra Prasad: He completed two tenures as the President of India, and he was the longest-
serving Indian President.
❖ Zakir Hussain: He was the shortest-serving Indian President; he passed away while he was in his
office.
❖ In Presidential Election, Varahagiri Venkata Giri is the only person, who won the election of
the President as an independent candidate in 1969. In this election, he defeated Neelam
Sanjeeva Reddy.
❖ There were three interim Presidents:
➢ Varahagiri Venkata Giri
➢ Mohammad Hidayatullah
➢ Basappa Danappa Jatti
❖ Neelam Sanjiva Reddy was not just the youngest President of the country but was also the first
Chief Minister of Andhra Pradesh
❖ Pratibha Patil was the first and the only women President of India.

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