President of India: Election, Powers and Functions | UPSC & State PCS

President of India election powers and functions for UPSC and State PCS

The President of India is one of the most important constitutional offices in the country. But students often get confused about one basic question: if the Constitution says that the executive power of the Union is vested in the President, then why do we say that the Prime Minister is the real executive?

The answer lies in India's parliamentary system.

The President is the constitutional head of the Union, while the Prime Minister and the Council of Ministers run the government on a day-to-day basis. Most presidential powers are therefore exercised on the aid and advice of the Council of Ministers.

This distinction is the key to understanding the entire chapter.

The main provisions relating to the President are found in Articles 52 to 62, but important presidential powers are also spread across Articles 72, 74, 111, 123, 143, 352, 356 and 360.

Constitutional Position of the President

Article 52

Article 52 simply says that there shall be a President of India.

Article 53

Article 53 vests the executive power of the Union in the President.

It also places the supreme command of the Defence Forces of the Union in the President.

At first reading, this may make the President look like a very powerful executive authority. But India is not a presidential system like the United States.

In India, the President works within a parliamentary framework.

That is where Article 74 becomes important.

President and the Council of Ministers

Article 74 provides for a Council of Ministers headed by the Prime Minister to aid and advise the President.

Normally, the President acts according to this advice.

The President can ask the Council of Ministers to reconsider its advice once. But if the same advice is given again after reconsideration, the President must accept it.

So the basic relationship is:

President → Head of State

Prime Minister → Head of Government

The President represents the constitutional authority and continuity of the Union.

The Prime Minister leads the political executive and remains accountable to the Lok Sabha.

Shamsher Singh Case: Why It Matters

The Supreme Court clarified this position in Shamsher Singh v. State of Punjab (1974).

The Court explained that the President and Governor are constitutional heads. They normally exercise their powers on the advice of the elected Council of Ministers.

This is why two extreme statements are both wrong.

It is wrong to say:

“The President has no power.”

It is also wrong to say:

“The President personally runs the Union Government.”

A better understanding is:

The President has important constitutional powers, but most of them are exercised within the framework of responsible parliamentary government.

Election of the President

The President is not directly elected by the people.

Article 54 provides for an Electoral College.

It includes:

elected members of Lok Sabha,
elected members of Rajya Sabha,
elected members of State Legislative Assemblies,
elected MLAs of Delhi,
elected MLAs of Puducherry.

Notice the word elected.

That is very important.

Who Does Not Vote?

The following do not participate in the Presidential election:

nominated members of Lok Sabha,
nominated members of Rajya Sabha,
members of State Legislative Councils,
nominated members of Legislative Assemblies.

This is a very common Prelims area.

The easiest way to remember it is:

President's election = elected MPs + elected MLAs

President vs Vice-President Election

Do not mix these two elections.

For the President:

elected MPs vote,
elected MLAs of States, Delhi and Puducherry vote.

For the Vice-President:

members of both Houses of Parliament vote,
State Legislatures do not participate.

Nominated MPs also participate in the Vice-Presidential election, but not in the Presidential election.

Why Do Votes Have Different Values?

The Constitution wanted to maintain a balance between:

Parliament,
and the States.

It also wanted reasonable uniformity among the States.

That is why every MLA's vote does not have the same value.

The broad formula is:

Population of the State ÷ Number of elected MLAs ÷ 1000

If the remaining fraction under the constitutional formula is large enough, one additional value is added.

So an MLA from one State may have a different vote value from an MLA of another State.

Which Census Is Used?

This is an important current exam point.

For Presidential-election vote calculations, the Constitution continues to use the 1971 Census until the relevant population figures from the first Census taken after 2026 are published.

So simply reaching the year 2026 does not automatically change the calculation.

The constitutional shift will happen only after the required later Census figures are officially published.

Value of an MP's Vote

After the total value of MLA votes is calculated, the total is divided among elected MPs of both Houses.

All participating elected MPs have the same vote value.

So remember:

MLA vote value → can differ from State to State

MP vote value → same for all elected MPs

Method of Election

The President is elected by:

Proportional Representation through the Single Transferable Vote

and voting takes place through:

Secret Ballot

The voter marks preferences among candidates.

An important point is that the ordinary anti-defection party whip does not operate in the Presidential election in the same way as in a House vote.

This gives electors freedom to vote according to preference.

Qualifications for Becoming President

Article 58 lays down the basic qualifications.

A candidate must:

be a citizen of India,
have completed 35 years of age,
be qualified for election to Lok Sabha,
not hold an office of profit under the Union, State or specified authorities.

Notice another important point.

A Presidential candidate does not have to be a sitting MP.

The candidate only needs to be qualified to be elected to Lok Sabha.

Nomination Requirements

Apart from constitutional qualifications, election law requires a valid Presidential candidate to have:

50 electors as proposers,
50 electors as seconders.

A security deposit is also required.

These are statutory requirements, not part of Article 58 itself.

That distinction can matter in objective questions.

Term of Office

The President normally holds office for five years.

However, the office does not become vacant automatically at the end of five years if the successor has not yet entered office.

The outgoing President continues until the successor takes charge.

Can a President Be Re-elected?

Yes.

The Constitution places no two-term limit on the President of India.

A person can be elected again if otherwise eligible.

Dr Rajendra Prasad is the best-known example because he served two full terms.

Resignation

The President submits resignation to the:

Vice-President of India

Do not confuse this with the Vice-President, who resigns to the President.

Vacancy in the Office

If the office becomes vacant because of death, resignation, removal or another reason, the election to fill the vacancy must be held within six months.

The new President does not merely complete the remaining portion of the earlier President's term.

A fresh full five-year term begins from the date the new President enters office.

Who Acts as President During a Vacancy?

The Vice-President acts as President when the office falls vacant.

The Vice-President can also discharge presidential functions during temporary absence or inability.

Oath of the President

The President takes the oath before the:

Chief Justice of India

or, in the Chief Justice's absence,

the senior-most available judge of the Supreme Court.

The President promises to:

faithfully execute the office,
preserve, protect and defend the Constitution and law,
devote himself or herself to the service and well-being of the people.

An important Prelims point:

The President's oath is not in the Third Schedule.

It is directly provided under Article 60.

Impeachment of the President

The President can be removed for:

violation of the Constitution

Article 61 lays down the procedure.

Either House of Parliament can start the process.

Before the resolution is moved:

at least 14 days' written notice is required,
at least one-fourth of the total membership of that House must sign the notice.

The first House must then pass the charge by a majority of not less than two-thirds of its total membership.

The other House investigates the charge.

The President has the right to appear and be represented during the investigation.

If the second House also passes the charge with the required two-thirds of total membership, the President is removed.

Important Point About Impeachment

Do not confuse:

two-thirds of total membership

with:

two-thirds of members present and voting

The impeachment requirement is stricter.

Also remember:

nominated MPs can participate,
State Legislatures do not participate.

Presidential Election Disputes

Disputes connected with the election of the President are decided by the:

Supreme Court of India

Its decision is final.

A Presidential election is not invalid merely because some seat in the Electoral College was vacant at the time.

Powers of the President

The President's powers are usually grouped under seven broad heads:

Executive
Legislative
Financial
Judicial or clemency
Diplomatic
Military
Emergency

The categories are useful, but always remember the basic rule:

Most powers are exercised on ministerial advice.

Executive Powers

The executive actions of the Government of India are formally taken in the name of the President.

The President appoints the Prime Minister.

Other Ministers are appointed by the President on the advice of the Prime Minister.

The President is also the formal appointing authority for several important constitutional offices, including:

Governors,
Attorney-General of India,
Comptroller and Auditor-General,
Supreme Court and High Court judges,
Finance Commission members,
UPSC members,
and other constitutional authorities.

But appointment by the President does not mean the President personally chooses every office-holder.

Each appointment follows its own constitutional or statutory process.

Appointment of the Prime Minister

Normally, the President appoints the leader who clearly commands the majority in Lok Sabha.

The more difficult situation comes when no party has a clear majority.

Then the President must identify the person who is most likely to command the confidence of the House.

The guiding principle is not personal preference.

The guiding question is:

Who can prove majority support in Lok Sabha?

Ultimately, the House floor is the proper place to test majority.

Legislative Powers

The President is a part of Parliament under Article 79.

This surprises some students because the President is not a member of either House.

The President can:

summon Parliament,
prorogue the Houses,
dissolve Lok Sabha according to the constitutional framework,
address Parliament,
send messages to Parliament,
give assent to Bills,
issue Ordinances.

The President also nominates 12 members to Rajya Sabha from constitutionally specified fields.

President's Address to Parliament

The President addresses both Houses assembled together:

after each general election to Lok Sabha,
at the beginning of the first session of every year.

The speech outlines the policies and legislative agenda of the government.

Even though the President delivers the speech, it reflects the programme of the elected government.

Assent to Bills

Under Article 111, once Parliament passes a Bill, it goes to the President.

For an ordinary Bill, the President may:

give assent,
withhold assent,
return the Bill once for reconsideration.

If Parliament passes the same Bill again and sends it back, the President cannot withhold assent.

This is the basis of what textbooks call presidential vetoes.

Absolute Veto

Absolute veto means the President withholds assent.

The Bill then does not become law.

In practice, this power operates within the parliamentary system and is normally connected with ministerial advice.

Suspensive Veto

The President can return an ordinary Bill once for reconsideration.

If Parliament passes it again, the President must assent.

So the President can delay and encourage reconsideration, but cannot permanently block such a Bill once Parliament validly passes it again.

Pocket Veto

The Constitution does not prescribe a fixed time within which the President must act on every Bill.

This has led to the expression pocket veto.

The President may simply keep a Bill pending.

The Constitution itself does not use the phrase “pocket veto”; it is a term used in constitutional practice.

Money Bill

A Money Bill cannot be returned by the President for reconsideration.

This is different from an ordinary Bill.

Also, a Money Bill can be introduced in Lok Sabha only on the President's recommendation.

Again, this recommendation is part of the government process, not an independent personal financial policy of the President.

Constitutional Amendment Bill

Once a Constitutional Amendment Bill has been validly passed under Article 368, the President must give assent.

The President cannot exercise an ordinary veto over such a Bill.

Ordinance-Making Power

Article 123 allows the President to issue an Ordinance when both Houses of Parliament are not in session and immediate legislative action is considered necessary.

An Ordinance has the same force as an Act of Parliament while it remains valid.

But it is only a temporary measure.

When Parliament reassembles, the Ordinance must be laid before it.

Unless Parliament approves the measure through legislation, it normally ceases to operate after six weeks from reassembly.

Is Ordinance Power Personal?

No.

The President does not independently decide to make an Ordinance.

The power operates through the Council of Ministers.

This is another example where the formal act is done in the President's name, but political responsibility lies with the elected government.

Financial Powers

The President has several formal functions in financial administration.

The Annual Financial Statement, or Union Budget, is caused to be laid before Parliament in the President's name.

Other important connections include:

recommendation for Money Bills,
recommendation for certain financial demands,
constitution of the Finance Commission,
placing Finance Commission recommendations before Parliament,
the Contingency Fund framework.

These again operate through the government.

Reports Laid Before Parliament

Several important constitutional reports are laid before Parliament through the President.

Examples include:

Finance Commission recommendations,
CAG reports relating to Union finances,
reports of constitutional commissions such as the National Commission for Scheduled Castes.

But the Public Accounts Committee report is a parliamentary committee report and does not come through the President in the same way.

Pardoning Power under Article 72

Article 72 gives the President clemency powers.

The President can grant:

pardon,
reprieve,
respite,
remission,

and can:

suspend,
remit,
commute sentences.

This power is especially important in:

Court Martial cases,
offences connected with the Union executive sphere,
death sentences.

What Do These Clemency Terms Mean?

Pardon

Removes the sentence and its penal consequences in the constitutional sense.

Commutation

Changes a more severe punishment into a lighter one.

Remission

Reduces the length of the sentence without changing its type.

Respite

Provides a lesser punishment because of special circumstances.

Reprieve

Temporarily postpones the carrying out of a sentence, especially a death sentence.

Does the President Personally Decide Mercy Petitions?

No.

The President acts on the aid and advice of the Council of Ministers.

So Article 72 is not a personal royal power.

It is a constitutional executive power.

Can Courts Review a Presidential Pardon?

Yes, but only on limited grounds.

Courts normally do not sit as an appeal over the President's mercy decision.

But judicial review may still be possible where the decision is affected by:

mala fides,
irrelevant considerations,
arbitrary reasoning,
failure to apply mind.

So remember:

Article 72 is wide, but not completely beyond judicial review.

President and Governor: Pardoning Power

A useful comparison is:

President → Article 72

Governor → Article 161

The President has certain wider powers, especially in relation to:

Court Martial,
death sentences.

This is an important Prelims comparison.

Diplomatic Powers

The President formally represents the Indian State in diplomatic matters.

The President:

receives foreign diplomats,
formally appoints Indian diplomatic representatives,
acts as the constitutional authority in treaty and diplomatic processes.

However, foreign policy is decided by the elected government.

Military Powers

The President is the Supreme Commander of the Armed Forces.

But this does not mean the President independently controls military operations.

Defence decisions are taken within the constitutional system of Cabinet responsibility and parliamentary government.

Emergency Powers

The President has a formal role in all three constitutional emergencies.

Remember:

Article 352 → National Emergency

Article 356 → President's Rule

Article 360 → Financial Emergency

National Emergency

A National Emergency can be proclaimed on grounds of:

war,
external aggression,
armed rebellion.

After the 44th Amendment, the Union Cabinet's decision must be communicated in writing before such a proclamation is issued.

This prevents the power from being treated as a personal presidential decision.

President's Rule

Article 356 deals with failure of constitutional machinery in a State.

The President can act on a Governor's report or otherwise, but the power is subject to constitutional limits.

The Supreme Court's S.R. Bommai judgment made it clear that Article 356 is open to judicial review.

So the President's Rule power is not unlimited.

Financial Emergency

Article 360 provides for Financial Emergency where the financial stability or credit of India or any part of it is threatened.

Again, the President acts within the parliamentary system.

Does the President Have Discretion?

This needs a careful answer.

The Constitution does not give the President a broad general discretionary power similar to the Governor's Article 163 framework.

But some situations require constitutional judgment.

For example:

no party has a clear Lok Sabha majority,
a government appears to have lost majority support,
the Prime Minister advises dissolution when another government may possibly be formed,
advice is sent back once for reconsideration.

Even in these cases, the President cannot act simply according to personal political preference.

The guiding principles remain:

constitutional convention + parliamentary majority + democratic accountability.

Can the President Reject Advice?

The President can return advice for reconsideration once.

If the Council of Ministers gives the same advice again, the President must accept it.

So the President has room to:

question,
caution,
encourage reconsideration.

But the President cannot permanently override an elected Council of Ministers that enjoys Lok Sabha confidence.

Is the President a Rubber Stamp?

Calling the President a rubber stamp is too crude.

The President can:

seek information,
raise constitutional concerns,
return advice once,
return an ordinary Bill once,
require correct constitutional procedure,
exercise judgment in uncertain government-formation situations.

So the President can influence the constitutional process.

But influence is not the same as running the government.

A better description is:

The President is a constitutional head who can advise, caution and ensure constitutional procedure, but cannot become an alternative political executive.

President and Prime Minister

The two offices perform very different roles.

President	Prime Minister
Head of State	Head of Government
Constitutional executive	Real political executive
Indirectly elected	Commands Lok Sabha confidence
Normally acts on ministerial advice	Heads Council giving that advice
Represents continuity of State	Leads government policy
Not responsible to Lok Sabha	Council collectively responsible to Lok Sabha

Article 78 also requires the Prime Minister to keep the President informed about important decisions and Union administration.

This keeps the President constitutionally informed.

President vs Governor

President	Governor
Article 52	Article 153
Indirectly elected	Appointed by President
Article 72 clemency	Article 161 clemency
Article 123 Ordinance	Article 213 Ordinance
Union executive	State executive
Can be impeached	No similar impeachment procedure
Resigns to Vice-President	Resigns to President

Important Articles for Revision

Article 52 — President
Article 53 — Executive power
Article 54 — Electoral College
Article 55 — Manner of election
Article 56 — Term
Article 57 — Re-election
Article 58 — Qualifications
Article 60 — Oath
Article 61 — Impeachment
Article 62 — Vacancy
Article 71 — Election disputes
Article 72 — Pardoning power
Article 74 — Aid and advice
Article 78 — PM's duties towards President
Article 79 — President as part of Parliament
Article 111 — Assent to Bills
Article 123 — Ordinance
Article 143 — Advisory reference to Supreme Court
Article 352 — National Emergency
Article 356 — President's Rule
Article 360 — Financial Emergency

Prelims Areas You Should Be Careful About

Nominated MPs

They do not vote in the Presidential election.

MLCs

They do not participate in the Presidential Electoral College.

Delhi and Puducherry

Their elected MLAs do participate.

Vote value

MLA vote values can differ from State to State.

Elected MPs have the same vote value.

Method of election

Single Transferable Vote + Secret Ballot.

Money Bill

The President cannot return it for reconsideration.

Constitutional Amendment Bill

The President must give assent after valid passage.

Impeachment

Two-thirds of total membership, not merely present and voting.

Article 72

Wide clemency power, but still subject to limited judicial review.

UPSC PYQ Connection

UPSC has tested the Presidential election through statement-based questions rather than asking only “Who elects the President?”

The 2023 Prelims paper, for example, tested:

nominated members,
vote value of MLAs,
differences between States,
the role of population and Assembly strength.

The larger lesson is simple:

UPSC wants you to understand Article 54 and Article 55, not just memorise the Electoral College.

Practice MCQs

Q1. Who among the following participate in the Presidential election?

Elected Lok Sabha members
Elected Rajya Sabha members
Nominated Rajya Sabha members
Elected MLAs of Delhi

A. 1 and 2 only
B. 1, 2 and 4 only
C. 1, 2 and 3 only
D. 1, 2, 3 and 4

Answer: B. 1, 2 and 4 only

Nominated MPs do not participate.

Q2. Which statement is correct?

A. The President can return a Money Bill once.
B. The President can return an ordinary Bill once.
C. The President can permanently veto a Bill passed again by Parliament.
D. The President can refuse assent to a valid Constitutional Amendment Bill.

Answer: B.

An ordinary Bill may be returned once for reconsideration.

Q3. Article 72 covers:

Court Martial cases
Union executive offences
Death sentences

A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3

Answer: D.

All three fall within the President's constitutional clemency jurisdiction.

Q4. Which statements about impeachment are correct?

Either House may initiate it.
State Legislatures participate.
Fourteen days' notice is required.
The President may appear during investigation.

A. 1 and 3 only
B. 1, 3 and 4 only
C. 2, 3 and 4 only
D. 1, 2, 3 and 4

Answer: B.

State Legislatures have no role.

Q5. With reference to Article 74:

The President may ask for reconsideration of advice once.
The President may reject repeated advice permanently.
Courts cannot inquire into the advice tendered to the President.

A. 1 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2 and 3

Answer: B.

The President must accept advice after reconsideration.

Mains Perspective

A common Mains question is whether the President is merely a ceremonial head.

A strong answer should avoid both extremes.

The President does not personally run the government.

But the office is not meaningless either.

The President can:

ensure constitutional procedure,
ask for information,
caution the government,
return advice once,
return an ordinary Bill once,
exercise judgment in uncertain government-formation situations.

At the same time, the President cannot create a separate political executive.

That is why the office works best as a constitutional safeguard within parliamentary government.

Mains Practice Question

“The President of India is neither an independent executive authority nor merely a rubber stamp.” Examine.

A good answer should begin with Articles 52, 53 and 74.

Then explain:

formal executive authority,
aid and advice,
Shamsher Singh,
government formation,
veto power,
Ordinance power,
clemency,
emergency powers.

The answer should finally make the central point:

The President has constitutional importance, but democratic political responsibility belongs to the Council of Ministers.

60-Second Revision

52 → President

53 → Executive power

54 → Election

55 → Vote value and method

56 → Five-year term

58 → Qualifications

60 → Oath

61 → Impeachment

72 → Pardon

74 → Aid and advice

111 → Assent

123 → Ordinance

352 → National Emergency

356 → President's Rule

360 → Financial Emergency

Final Takeaway

The President of India is best understood as a constitutional head within a parliamentary democracy.

The Constitution formally places executive power in the President.

But political power is exercised by the Prime Minister and Council of Ministers because they are accountable to the Lok Sabha.

The President still matters.

The office represents continuity of the State, ensures that constitutional procedures are followed, and can encourage reconsideration when the Constitution allows it.

So the President should not be seen as: