5.1The President of India#
In brief
Constitutional Position: Executive power of the Union vested in President under Article 53.
- Constitutional Position
- Qualifications (Article 58)
- Election (Article 54)
- Term
- Removal (Article 61)
- Powers of the President
- Discretionary Powers
- Pardoning Power Comparison
Constitutional Position: Executive power of the Union vested in President under Article 53. The President is the constitutional head — acts on the aid and advice of the Council of Ministers (Article 74). Not a rubber stamp but has limited real discretionary powers.
Qualifications (Article 58): Citizen of India; at least 35 years; qualified as Lok Sabha member; must not hold office of profit.
Election (Article 54): Indirect election through electoral college — elected members of both Houses of Parliament AND elected members of State Legislative Assemblies (including Delhi and Puducherry). Nominated members and members of State Legislative Councils excluded. Single transferable vote system with proportional representation to ensure parity between States.
Term: 5 years (Article 56). Eligible for re-election. Only President elected twice: Rajendra Prasad.
Removal (Article 61): Impeachment for violation of Constitution. Each House passes a resolution by special majority (2/3 of total membership). The other House investigates and if it resolves by 2/3 majority that charge is sustained, President is removed.
Powers of the President:
Executive: All executive actions expressed in President's name (Article 77). Appoints PM, Cabinet, Governors, CAG, CEC, CJI and SC/HC judges, Attorney General, Ambassadors.
Legislative: Summons, prorogues, dissolves Parliament. Addresses Parliament. Nominates 12 Rajya Sabha members. Gives assent to Bills — cannot withhold after reconsideration (Article 111). Promulgates Ordinances when Parliament not in session (Article 123) — Ordinance ceases within 6 weeks of Parliament's reassembly.
Judicial: Pardoning power under Article 72 — pardon, reprieve, respite, remission, commutation. Covers: death sentences, court martial offences, Union law offences. D.C. Wadhwa v. State of Bihar (1987): Re-promulgation of Ordinances without bringing them before legislature is fraud on the Constitution.
Emergency: Proclaims National Emergency (Art. 352), President's Rule (Art. 356), Financial Emergency (Art. 360).
Discretionary Powers: Limited real discretion: (a) Can refer Cabinet advice back once for reconsideration — must act on reconsidered advice (Article 74(1) proviso — 44th Amendment); (b) Appointment of PM when no clear majority; (c) Dissolution of Lok Sabha if PM's advice appears improper.
Pardoning Power Comparison:
President (Article 72): Death sentences ✓ | Court martial ✓ | Union law offences ✓ | State law offences ✗
Governor (Article 161): Death sentences ✗ | Court martial ✗ | Union law offences ✗ | State law offences ✓