President & Vice President of India

The President is the constitutional head of the Indian Republic — the first citizen and the formal repository of all executive power. Understanding the President's election, powers, position, and the pocket veto is essential for both Prelims and Mains GS-II. The Vice President, as ex-officio Chairman of Rajya Sabha, is equally important.

UPSC Prelims · Mains GS-II Laxmikanth Ch. 17–18 ~24 min read Arts 52–73 · Art 123 Ordinance · Art 72 Pardoning Droupadi Murmu · Jagdeep Dhankhar

Conceptual Clarity
Qualifications & Oath
Election — Electoral College & STV
Term, Vacancy & Impeachment
Executive Powers
Legislative Powers & Ordinance
Financial & Judicial Powers
Veto Powers
President's Constitutional Position
Vice President
President vs VP — Comparison
Key Cases & Current Affairs
Prelims PYQs
Mains PYQs
15-Minute Revision Box

Conceptual Clarity — The President's Paradox

The President is both all-powerful on paper and largely ceremonial in practice. Art. 53 vests all executive power in the President — but Art. 74 requires the President to act on the advice of the Council of Ministers headed by the PM. UPSC frequently tests: which powers are real vs nominal, which acts require/don't require ministerial advice, and which acts can the President refuse?

Nominal executive: All executive action is formally in the President's name, but advice of CoM is binding.
Real executive: Prime Minister and Cabinet — they hold actual power.
Key exception: Discretionary powers — appointment of PM when no majority, dissolution of LS, returning a bill (once).

1. Qualifications, Conditions & Oath

1.1 Qualifications (Art. 58)

Citizen of India.
Completed 35 years of age.
Qualified for election as a member of the Lok Sabha.
Must not hold any office of profit under the Government of India, State Government, or any local authority.

Note: The sitting President, Vice President, Governor of any state, or a Minister of Union/State is not deemed to hold an "office of profit" — they are eligible.

1.2 Conditions (Art. 59)

Shall not be a member of either House of Parliament or any State Legislature — if already a member, their seat is vacated on election as President.
Shall not hold any other office of profit.
Entitled to official residence (Rashtrapati Bhavan), emoluments, allowances and privileges determined by Parliament.
Emoluments and allowances cannot be diminished during the term of office.

1.3 Oath (Art. 60)

Administered by the Chief Justice of India (or the senior-most SC judge). The President swears/affirms to:

Faithfully execute the office.
Preserve, protect and defend the Constitution and law.
Devote themselves to the service and well-being of the people of India.

2. Election — Electoral College & STV

2.1 Electoral College (Art. 54)

The President is elected by an Electoral College consisting of:

Elected members of both Houses of Parliament (not nominated members).
Elected members of Legislative Assemblies of all States (not nominated members; not Legislative Councils).
Elected members of Legislative Assemblies of Delhi (NCT) and Puducherry — added after the 70th Amendment, 1992.

NOT included: Nominated members of Parliament; members of State Legislative Councils; members of UT legislatures other than Delhi and Puducherry.

2.2 Method — Single Transferable Vote (Art. 55)

The election is held in accordance with the system of Proportional Representation by means of Single Transferable Vote (STV) and voting is by secret ballot.

2.3 Value of Votes Formula

Voter	Formula	Principle
Each MLA	Total population of State ÷ (Total elected MLAs × 1000)	Uniform across states based on population
Each MP	Total value of all MLA votes ÷ Total elected MPs	Parity between Parliament and all State Assemblies

Population base: 1971 Census figures are used (frozen by 84th Amendment 2001 until 2026). After delimitation post-2026, updated census will be used.

Fig 11.1 — Presidential Electoral College: Composition, exclusions and vote value formula

2.4 Dispute (Art. 71)

All doubts and disputes in connection with the election of the President are inquired into and decided by the Supreme Court whose decision is final.

2.5 Current President

Smt. Droupadi Murmu — elected as the 15th President on 21 July 2022. First tribal woman and second woman to hold the office. Hailing from Odisha (Santali community).

3. Term, Vacancy & Impeachment

3.1 Term (Art. 56)

5 years from the date of entering office.
Eligible for re-election — no bar on number of terms. Dr Rajendra Prasad was elected twice.
Holds office despite expiry of term until successor enters office.

3.2 Vacancy (Art. 65)

When the President's office is vacant or the President is unable to discharge functions:

Vice President acts as President.
If VP is also unable — Chief Justice of India acts (or senior-most SC judge).
A fresh election must be held within 6 months of the vacancy.

3.3 Impeachment (Art. 61)

The President can be removed by impeachment — a quasi-judicial process for violation of the Constitution. No President has ever been impeached in India.

Charges can be initiated in either House of Parliament.
A 14-day notice signed by at least 1/4th of the total membership of that House must be given.
Resolution to be passed by a majority of not less than 2/3 of the total membership of that House.
Sent to the other House for investigation — President has right to appear and be represented.
Other House also passes by 2/3 majority of total membership → President stands removed.

Key distinction: Impeachment requires 2/3 of total membership (not just present and voting) of EACH house — much stricter than Constitutional Amendment (2/3 of present and voting + majority of total).

Fig 11.2 — Presidential Impeachment Process: Four steps under Art. 61

4. Executive Powers

4.1 General Executive Power (Art. 53)

The executive power of the Union is vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution.

4.2 Appointments Made by the President

Constitutional Appointments

Prime Minister (Art. 75)
Other Ministers on advice of PM
Attorney General of India (Art. 76)
Comptroller & Auditor General (Art. 148)
Chief Justice & Judges of Supreme Court (Art. 124)
Chief Justice & Judges of High Courts (Art. 217)
Governors of States (Art. 155)
Chief Election Commissioner & other ECs (Art. 324)

Other Appointments

Chairman & Members of UPSC (Art. 316)
Finance Commission (Art. 280)
National Commissions for SC, ST, BC
Ambassadors & High Commissioners (diplomatic)
Chairmen & members of various constitutional bodies
Lt. Governors of UTs
Inter-State Council (Art. 263)
Lokpal Chairperson & Members

4.3 Military Powers

The President is the Supreme Commander of the Defence Forces of India. However, the actual exercise of this power is regulated by law — Parliament can regulate the exercise of command, raising and maintaining of the defence forces.

4.4 Diplomatic Powers

All international treaties and agreements are negotiated and concluded in the name of the President (though in practice, the Union Cabinet decides). India's diplomatic representatives are accredited in the President's name.

5. Legislative Powers & Ordinance Power

5.1 Powers Regarding Parliament Sessions

Summon each House of Parliament to meet (Art. 85).
Prorogue both Houses.
Dissolve the Lok Sabha (not Rajya Sabha — it is permanent).
Address joint sitting of both Houses at the commencement of the first session after each general election (Art. 87).
Send messages to either House regarding a Bill pending in Parliament.
Nominate 12 members to Rajya Sabha (Art. 80) — persons with special knowledge in literature, science, art, social service.
Nominate 2 Anglo-Indian members to Lok Sabha — abolished by 104th Amendment 2020.

5.2 Powers Regarding Bills

Give assent to a Bill passed by Parliament → it becomes an Act.
Withhold assent — absolute veto (for private member bills or bills presented after dissolution).
Return the bill for reconsideration — once only (suspensive veto); if passed again, must give assent.
Prior recommendation/permission required for introducing certain Bills (e.g., Money Bills, Bills affecting states, Bills creating new states).

5.3 Ordinance Power (Art. 123) — Most Important

When Parliament is not in session, the President can promulgate an Ordinance if satisfied that circumstances require immediate action.

An Ordinance has the same force and effect as an Act of Parliament.
Must be placed before both Houses within 6 weeks of reassembly of Parliament — lapses if not approved.
Can be withdrawn by the President at any time.
Cannot be issued to amend the Constitution.
Ordinance power extends to Union List + Concurrent List subjects only (just as Parliament's legislative power).

Key case — D.C. Wadhwa v. State of Bihar (1987): SC held that re-promulgation of ordinances without placing them before legislature is a fraud on the Constitution. The President/Governor cannot bypass the legislature through a series of re-promulgated ordinances.

Judicial Review of Ordinance: In R.C. Cooper v. Union of India (1970), SC held that Presidential satisfaction for issuing an Ordinance is justiciable — courts can examine if the President applied their mind to the facts.

6. Financial & Judicial Powers

6.1 Financial Powers

Annual Budget (Annual Financial Statement — Art. 112) is presented to Parliament on his behalf.
No Money Bill can be introduced in Parliament except on his recommendation (Art. 117).
No demand for grant can be made except on his recommendation (Art. 113).
Custodian of the Contingency Fund of India (Art. 267) — for unforeseen expenditure pending parliamentary authorization.
Constitutes the Finance Commission every 5 years (Art. 280).

6.2 Pardoning Powers (Art. 72) — 5 Types

The President has the power to grant pardons, reprieves, respites, remissions and commutations in all cases where:

Punishment is for an offence against a Union law.
Punishment is by a Court Martial (military court).
Punishment is a sentence of death.

Type	Meaning	Effect
Pardon	Complete forgiveness	All punishment, disqualification and sentence removed; as if offence never committed
Commutation	Substitution of punishment	Death → Life imprisonment; Rigorous → Simple imprisonment; etc.
Remission	Reduction of quantum	Nature unchanged; reduces period (e.g., 10 years → 7 years)
Respite	Temporary postponement	Sentence deferred due to special circumstances (e.g., pregnancy)
Reprieve	Stay of execution	Temporary suspension of sentence pending appeal/mercy petition

President vs Governor Pardoning: Governor (Art. 161) can pardon offences against State laws — but CANNOT pardon death sentences (that is exclusive to the President). Also, President alone can pardon court-martial sentences.

Key case: Maru Ram v. Union of India (1981) — SC held that President/Governor must act on the advice of the Cabinet, not independently, in pardoning matters. Confirmed in Dhananjoy Chatterjee case. A mercy petition must be decided in a reasonable time (Shatrughan Chauhan case 2014).

7. Veto Powers — The Three Vetoes

Fig 11.3 — Three Presidential Vetoes: Absolute, Suspensive and Pocket Veto with key distinctions

Pocket Veto — India vs USA: In the USA, the President has 10 days to act on a bill; if Congress is in session and no action is taken, the bill becomes law. If Congress is not in session, non-action = pocket veto. In India, no time limit is prescribed — making India's pocket veto potentially more powerful than the USA's.

8. Constitutional Position of the President

8.1 Nominal vs Real Executive

Art. 74(1) provides that there shall be a Council of Ministers with the PM at the head to aid and advise the President, and the President shall act in accordance with such advice. The 44th Amendment (1978) added that the President may require the Council to reconsider such advice once — but must act on the advice given after reconsideration.

Key case — Shamsher Singh v. State of Punjab (1974): 7-judge Constitution Bench held that the President (and Governor) are constitutional heads who must act on the advice of the Council of Ministers. They cannot act against or outside the advice — they are bound by Cabinet advice in all matters.

8.2 Discretionary Powers (No Ministerial Advice Binding)

In the following situations, the President can act independently:

Appointment of PM — when no single party has clear majority (hung Parliament); President can exercise judgement in inviting a leader to form government.
Dismissal of CoM — when the government loses majority and refuses to resign; President can dismiss and call for fresh elections.
Dissolution of Lok Sabha — the President can refuse dissolution when PM asks for it after losing a vote of confidence.
Returning a bill for reconsideration — President has discretion to send back an ordinary bill (once).

8.3 Constitutional Head — Rubber Stamp?

Dr Ambedkar argued the President is not a mere rubber stamp. In practice, Presidents have:

Exercised pocket veto — Zail Singh on Post Office Amendment Bill 1986.
Sent back bills for reconsideration — President Venkataraman sent back Jharkhand Mukti Morcha bribery case ordinance.
Acted on own discretion — appointment of PM in hung Parliament situations (1989, 1996, 1999).

9. Vice President of India (Arts 63–73)

9.1 Qualifications

Citizen of India.
Completed 35 years of age.
Qualified for election as a member of Rajya Sabha (not Lok Sabha — unlike President).
Must not hold any office of profit.

9.2 Election (Art. 66)

Elected by an Electoral College consisting of members of both Houses of Parliament (elected AND nominated — unlike Presidential election where nominated members are excluded).
By Proportional Representation — Single Transferable Vote — Secret Ballot.
State Legislatures NOT included — this is the biggest difference from Presidential election.
Term: 5 years; eligible for re-election.

Key Distinction: Presidential Electoral College = Elected MPs + Elected MLAs. VP Electoral College = ALL MPs (elected + nominated) — NO MLAs/state legislatures involved.

9.3 Removal (Art. 67)

By a resolution of the Rajya Sabha passed by a majority of its total membership (not just present and voting) and agreed to by the Lok Sabha (LS passes by simple majority).
14-day notice required before such resolution.
Note: VP's removal is NOT called "impeachment" — it is by a resolution of Rajya Sabha, not a quasi-judicial process.
No ground specified for removal — just loss of confidence of RS.

9.4 Functions

Acts as ex-officio Chairman of Rajya Sabha — presides over RS sittings, maintains order, has casting vote in case of tie.
Acts as President of India when President's office is vacant or President is unable to discharge functions — during this period, the VP does NOT function as Chairman of RS.
No independent legislative or executive functions beyond chairmanship of RS.
Salary: as RS Chairman — ₹4 lakh/month + official residence.

9.5 Current Vice President

Shri Jagdeep Dhankhar — elected as the 14th Vice President on 6 August 2022. He is the ex-officio Chairman of Rajya Sabha.

10. President vs Vice President — Comparison

Fig 11.4 — President vs Vice President: Seven key differences at a glance

11. Key Cases & Current Affairs

11.1 Key Landmark Cases

Case	Year	Holding
Shamsher Singh v. State of Punjab	1974	President/Governor MUST act on advice of CoM. They are constitutional heads, not independent agents.
U.N.R. Rao v. Indira Gandhi	1971	President can invite a PM to continue even after LS dissolution pending elections. A caretaker government is valid.
R.C. Cooper v. Union of India	1970	Presidential satisfaction for Ordinance is justiciable — courts can review whether the President applied their mind.
D.C. Wadhwa v. State of Bihar	1987	Re-promulgation of ordinances without legislature's approval is a fraud on the Constitution and unconstitutional.
Maru Ram v. Union of India	1981	President must exercise pardoning power (Art. 72) on CoM's advice, not independently.
Shatrughan Chauhan v. Union of India	2014	Undue delay in deciding mercy petitions is a ground for commutation of death sentence.
Rameshwar Prasad v. Union of India	2006	Imposition of President's Rule (Art. 356) is justiciable; must be based on objective material — not political motives.

11.2 Current Affairs (2024–26)

Droupadi Murmu — 15th President; first tribal woman, from Odisha. Elected 21 July 2022; facing issues around institutional dignity and ordinance advice.
Jagdeep Dhankhar — 14th VP; as RS Chairman, has been in news for his handling of RS proceedings, disputes with Opposition over rule interpretations.
Governors vs State Governments — Several SC orders (2023–24) on Governors withholding assent to State Bills — SC held Governors must act within a reasonable time and cannot sit on Bills indefinitely (State of Punjab v. Principal Secretary to Governor 2023).
Tamil Nadu v. Governor (2024) — SC held that Governor cannot withhold assent to Bills re-passed after reconsideration; must refer to President if refusing assent.

12. Prelims PYQs

Prelims 2023

Consider the following statements regarding the election of the President of India: (1) The members of nominated from Anglo-Indian community to the Lok Sabha are part of the Electoral College. (2) Members of the Legislative Councils of the States are not part of the Electoral College. Which of the statements given above is/are correct?
Answer: (2) only — Nominated MPs are NOT included; MLC members are also NOT included

Prelims 2022

With reference to the pardoning power of the President of India, which of the following statements is/are correct? (1) The President can pardon a sentence given by court-martial. (2) The President can pardon a death sentence. (3) The President can pardon any sentence given by High Courts.
Answer: (1) and (2) only — The President cannot pardon all HC sentences; only those against Union laws and death sentences

Prelims 2021

The President of India can exercise his/her powers only on the written advice of the Council of Ministers. This principle is enshrined in which Article?
Answer: Article 74

Prelims 2020

Which of the following is NOT included in the Electoral College for the election of the Vice President of India?
Answer: Members of State Legislative Assemblies (MLAs are NOT in VP Electoral College)

Prelims 2019

The 'Pocket Veto' of the President of India is related to which of the following? (a) A Bill that is sent to the President after being passed by both Houses (b) A Bill where the President neither assents nor returns it for reconsideration
Answer: (b) — Pocket veto means the President keeps the Bill without taking any action (indefinitely, since no time limit is prescribed)

Prelims 2018

Which one of the following can be referred to the Supreme Court for its opinion under Article 143 of the Constitution?
Answer: Any question of law or fact of public importance — Advisory Jurisdiction — exercised at the President's request

Prelims 2017

With reference to the removal of the Vice President of India, consider the following: (1) A resolution for removal can be introduced in the Lok Sabha. (2) At least 14 days' advance notice is required.
Answer: (2) only — Removal resolution must be introduced in Rajya Sabha (NOT Lok Sabha), and 14-day notice is required

Prelims 2016

Under Article 72, the President of India is empowered to grant pardons. The power extends to which of the following? (1) Punishment for offence against a Union law. (2) Punishment by a court-martial. (3) Death sentence.
Answer: All three — (1), (2) and (3)

13. Mains PYQs

Mains GS-II 2023

Recent judgements of the Supreme Court on the role of Governors have significant implications for Centre-State relations. Discuss. (250 words)

Hint: Cover State of Punjab v. Principal Secretary to Governor 2023 — SC on withholding assent to Bills; Tamil Nadu v. Governor 2024 — SC on re-passed bills; Governor acting independently vs on CM's advice; discretionary powers vs constitutional obligations; impact on federalism and cooperative federalism.

Mains GS-II 2021

"The President of India is not a rubber stamp but has significant constitutional responsibilities." Do you agree? Examine with examples. (250 words)

Hint: Cover Art. 74 binding advice; discretionary powers (PM appointment in hung Parliament, LS dissolution); Pocket Veto — Zail Singh 1986; returning bills — Venkataraman era; sending messages to Parliament; role in Emergency; Shamsher Singh case vs actual discretion in crisis situations.

Mains GS-II 2019

Discuss the pardoning power of the President of India. How does it differ from the pardoning power of the Governor? (150 words)

Hint: Art. 72 (President) vs Art. 161 (Governor); President alone can pardon death sentences and court-martial sentences; Governor cannot pardon death sentences; President/Governor must act on CoM advice (Maru Ram); Shatrughan Chauhan on delay in mercy petitions; difference in scope — Union law offences vs State law offences.

Mains GS-II 2017

Analyse the implications of re-promulgation of Ordinances by the President/Governor. Has the Supreme Court adequately addressed this issue? (150 words)

Hint: Art. 123/213; D.C. Wadhwa 1987 — re-promulgation is fraud on Constitution; Krishna Kumar Singh v. State of Bihar 2017 — SC 7-judge bench held re-promulgation unconstitutional; Bihar had 259 re-promulgated ordinances; political misuse; SC's steps are adequate but implementation weak.

Mains GS-II Expected 2026

Examine the constitutional position of the President vis-à-vis the Prime Minister with reference to key constitutional provisions and judicial pronouncements. (250 words)

Hint: Formal powers (Art.53) vs real power (Art.74); nominal executive vs real executive; Shamsher Singh 1974; discretionary powers and when exercised; VP's role as RS Chairman; comparison with UK Queen (purely ceremonial) vs India (some discretion); current debates on institutional independence.

14. 15-Minute Revision Box

Must-Remember — President & Vice President

President — Key Numbers:

Age: 35 years
Term: 5 years (no limit on re-election)
Oath by: CJI (Art. 60)
Impeachment: 2/3 of total membership of each House
Ordinance lapses in: 6 weeks of Parliament reassembly
Pardoning types: 5 (Pardon, Commutation, Remission, Respite, Reprieve)
Current: Droupadi Murmu (15th, 2022)

Three Vetoes:

Absolute: withhold permanently (private/expired bills)
Suspensive: return once for reconsideration
Pocket: take no action (no time limit — Zail Singh 1986)

Vice President — Key Numbers:

Age: 35 years (eligible for RS, not LS)
Term: 5 years
Electoral College: ALL MPs (elected + nominated) — NO MLAs
Oath by: President
Removal: RS resolution by majority of total membership + LS agreement
Current: Jagdeep Dhankhar (14th, 2022)

Key Cases:

Shamsher Singh 1974: President must follow CoM advice
Zail Singh 1986: Pocket veto on Post Office Bill
D.C. Wadhwa 1987: Re-promulgation of ordinances unconstitutional
Maru Ram 1981: Pardoning on CoM's advice
Shatrughan Chauhan 2014: Delay in mercy petition = commutation

3 most common UPSC traps: (1) Nominated MPs ARE in VP Electoral College but NOT in Presidential Electoral College. (2) President CANNOT return a Money Bill for reconsideration. (3) Death sentence can only be pardoned by President (not Governor).

Item	Detail
Article	Art. 52–73 (President & VP)
Part	Part V — The Union
President's age	35 years
VP's age	35 years
Term	5 years (both)
Impeachment	2/3 total membership
Ordinance	Art. 123; lapses 6 weeks
Pardoning	Art. 72; 5 types
Current President	Droupadi Murmu (15th)
Current VP	Jagdeep Dhankhar (14th)

	President	VP
Elected MPs	✓	✓
Nominated MPs	✗	✓
Elected MLAs	✓	✗
MLCs	✗	✗

President & Vice President of India

On this page

Conceptual Clarity — The President's Paradox

1. Qualifications, Conditions & Oath

1.1 Qualifications (Art. 58)

1.2 Conditions (Art. 59)

1.3 Oath (Art. 60)

2. Election — Electoral College & STV

2.1 Electoral College (Art. 54)

2.2 Method — Single Transferable Vote (Art. 55)

2.3 Value of Votes Formula

2.4 Dispute (Art. 71)

2.5 Current President

3. Term, Vacancy & Impeachment

3.1 Term (Art. 56)

3.2 Vacancy (Art. 65)

3.3 Impeachment (Art. 61)

4. Executive Powers

4.1 General Executive Power (Art. 53)

4.2 Appointments Made by the President

Constitutional Appointments

Other Appointments

4.3 Military Powers

4.4 Diplomatic Powers

5. Legislative Powers & Ordinance Power

5.1 Powers Regarding Parliament Sessions

5.2 Powers Regarding Bills

5.3 Ordinance Power (Art. 123) — Most Important

6. Financial & Judicial Powers

6.1 Financial Powers

6.2 Pardoning Powers (Art. 72) — 5 Types

7. Veto Powers — The Three Vetoes

8. Constitutional Position of the President

8.1 Nominal vs Real Executive

8.2 Discretionary Powers (No Ministerial Advice Binding)

8.3 Constitutional Head — Rubber Stamp?

9. Vice President of India (Arts 63–73)

9.1 Qualifications

9.2 Election (Art. 66)

9.3 Removal (Art. 67)

9.4 Functions

9.5 Current Vice President

10. President vs Vice President — Comparison

11. Key Cases & Current Affairs

11.1 Key Landmark Cases

11.2 Current Affairs (2024–26)

12. Prelims PYQs

13. Mains PYQs

14. 15-Minute Revision Box

Must-Remember — President & Vice President