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.
On this page
- 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.
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.
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 |
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.
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).
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 |
7. Veto Powers — The Three Vetoes
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.
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.
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
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
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
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
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
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)
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)
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
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
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
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.
"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.
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.
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.
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
- 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)
- Absolute: withhold permanently (private/expired bills)
- Suspensive: return once for reconsideration
- Pocket: take no action (no time limit — Zail Singh 1986)
- 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)
- 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
