The President of India and its role in the constitution of India

The President

 In any nation, whether constitutional or non-constitutional, democratic or monocratic (non-democratic), there is a head of the state that runs the executive and legislative. In monarchy, the head of the state is a king or a queen and, in a republic, it is the president. Based on this, president as a head, the political system in a republic can be Presidential type of government, Semi-presidential type of government and parliamentary type of government.

Presidential form of Government: In the presidential type of government, the  president is both active head of the executive (government) and the state. He can be elected directly by the people and has the power to implement laws and schemes in his capacity; he may not be accountable or answerable to the legislative as it is not directly elected or nominated from the legislative. USA, Brazil, etc are the examples.

Parliamentary-Republic form of government: In the parliamentary form, the president acts as ceremonial (nominal) head of the state- executive and legislative and no way accountable to the legislature (parliament). President is usually elected indirectly by members of the legislature or an electoral college but can be elected directly, for instance, Austria, Ireland, Iceland, etc.
Examples of president elected indirectly are India, Germany, Israel, Bangladesh, etc.
In parliamentary monarch form of government the head of the state is not president but a monarch. Example- the United Kingdom.

Semi-Presidential form of Government: It is the middle of Presidential form and Parliamentary form of government. Here, power is shared between the president and the Council of ministers. Compared to the parliamentary form, here president is not ceremonial but has significant executive powers- mostly defence, external affairs, finance and appointing government. Thus, the president is active head of the state and the Prime Minister is head of the government and legislative.
The president can be elected directly or indirectly and is not accountable to the legislative. Only, the council of ministers is responsible to the legislature. Example, France, Russia, etc.

In India, we follow parliamentary republic form of government, as provided by our Constitution. We have the president of India as the nominal or ceremonial head of the state, which is turn also makes nominal union executive or union government. However, he still enjoys special powers under the constitution.

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Union Executive and the President of India

India’s Constitution establishes a democratic framework based on the separation of powers of the state among the Legislature, Executive, and Judiciary. Each of these organs plays an independent yet complementary role. The Legislature enacts laws, the Judiciary ensures justice, and the Executive carries out administration in line with legislative policies. Within this framework, the Union Executive is central to governance and includes the President, Vice-President, Prime Minister, Council of Ministers, and the Attorney-General of India.

At the state level, the Governor represents the executive authority. The President of India is the de-jure head of the Union (the executive), while the Prime Minister of India acts as the de-facto head of the government who directs administration. All executive actions of the Government of India are formally taken in the President’s name. This constitutional necessity is enshrined in Article 52, which declares: “There shall be a President of India.”

The President of India is regarded as the first citizen of the nation and occupies the highest rank in the order of precedence. His office symbolizes the unity and integrity of the Republic. Though bound by ministerial advice, his role is indispensable for the functioning of parliamentary democracy.

Under Article 53, the executive power of the union is vested under the president and exercised directly or through officers subordinates, such as the governors, the council of ministers and bureaucrats.
It also states that the president is the Supreme commander of the defence force.

India follows the Westminster model, inspired by Britain, where the real executive power vests in the Council of Ministers led by the Prime Minister. The President’s role resembles that of the British monarch, though unlike hereditary rulers, the President of India is elected and removable by impeachment. The United States differs, as its President serves as both head of state and head of government. India’s arrangement ensures accountability of the executive to Parliament, while keeping the President as a guardian of constitutional legitimacy.

Smt. Droupadi Murmu assumed office as the President of India of 15^th term.

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Election of the President of India

Method of Election

The President of India is elected not directly by the people but by an electoral college, as provided under Article 54. This body comprises:

1. Elected members of both Houses of Parliament
2. Elected members of the Legislative Assemblies of the States and Union Territories of Delhi, Puducherry and, Jammu and Kashmir.

Jammu and Kashmir became Union territory after passing of Jammu and Kashmir Reorganisation Act, 2019, that abrogated Article 370 and 35A and separated the administration of the UT of Ladakh.

Only the nominated members of both the Houses of Parliament, State legislative assemblies and legislative assemblies of Delhi, Pondicherry and Jammu and Kashmir vote in the presidential elections. Any nominated members of Rajya Sabha and both elected and nominated members of State Legislative councils do not participate in the electoral college.

Article 55 describes the procedure of the electoral college of the president in a way it provides uniform representation of the states and the union.

To ensure fairness between the Union and the States, the Constitution prescribes a system of proportional representation by means of a single transferable vote, with voting conducted by secret ballot.

‘Single transferable Vote’ means that each elector has only one vote, irrespective of the number of seats to be filled up for instance, if there are five vacancies to be filled up, the elector does not cast five votes but indicates five successive preferences by marking his first preference and the succeeding preferences with the appropriate numerals against the name of the candidates printed on his ballot paper.

The value of votes is calculated to maintain uniformity:

• Every elected member of the legislative Assembly of a state shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of state (Until 2026, The census of 1971 has been used to assert delimitation) by the total number of the elected members of the assembly.
  Value of an MLA’s vote = Total population of the State / (Number of elected MLAs × 1000)
  
• Every elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of legislative assemblies of the State by total number of the elected members of both the Houses of Parliament.
  Value of an MP’s vote = Total value of votes of all MLAs / Total number of elected MPs

The quota of votes is determined by:
Electoral Quota= [(Total value of valid votes polled) / (total vacancies + 1)] + 1
since, the there is only one vacancy (of the president), thus the total vacancy will be 1.

the counting of first-preference votes takes place in the beginning. If any candidate achieves the required electoral quota, they are immediately declared elected. If not, the process of the single transferring votes begins. The ballots of the candidate with the fewest first-preference votes are then redistributed to the next preferences marked on them, until a candidate achieves the required quota.

If any disputes or doubts regarding the election of the President arise, they are examined and resolved by the Supreme Court, whose decision is final and binding. The election of the President cannot be questioned on the ground that the electoral college was not complete. However, if the Supreme Court declares the election of a person as President void, the decisions and actions taken by the person prior to that declaration will remain valid and legally enforceable.

The President of India is chosen indirectly for two main reasons:

1. The President functions as a nominal executive, while the real authority rests with the Council of Ministers led by the Prime Minister. Holding a direct election for a position with no real powers would create an anomaly.
2. Conducting a direct election in a country of India’s vast size would involve an enormous expenditure of money, time, and effort, making the process impractical.

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Qualifications of the President of India.

Under Article 58, a candidate must meet the following qualifications:

1. Must be a citizen of India
2. Have completed 35 years of age
3. must be qualified to be elected as a member of the Lok Sabha
4. Not hold any office of profit under the Government of India, state government, or local authority (except offices exempted by Parliament). If any, then they have vacate or resign before appointed as the president. There have been instances that MPs and Vice-presidents were appointed as the president after being elected but they needed to resign before appointment.
   

In addition, a candidate’s nomination requires at least 50 proposers and 50 seconders among the electors, along with a monetary deposit to discourage non-serious candidacies.

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Conditions of Office of the President of India

Article 59 prescribes certain conditions:

• The President cannot be a member of Parliament or state legislature. If elected, he is deemed to have vacated such seat on assuming office.
• The President cannot hold any office of profit.
• The President is entitled to an official residence (without payment of any rent), emoluments, allowances, and privileges as specified in the Second Schedule.
• the emoluments and allowance cannot be diminished during the term of office and which is drawn from the Consolidated Fund of India.

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Oath or Affirmation by the President of India (Article 60):

Before assuming office, the President, or any person discharging the duties of the President, must take an oath or affirmation. This is administered in the presence of the Chief Justice of India, or, if the Chief Justice is unavailable, by the senior-most Judge of the Supreme Court present.

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Term, Vacancy and Impeachment:

Tenure of the President of India

According to Article 56, the President holds office for five years from the date of entering office. However, he continues until his successor assumes charge, ensuring no constitutional vacuum. The President is also eligible for re-election.

During the tenure, the President is granted several privileges and Immunities. He cannot be held legally liable for actions carried out in his official capacity. Throughout his tenure, he is protected from any criminal proceedings, even for personal acts, and cannot be arrested or imprisoned. However, civil proceedings may be initiated against him, provided a two-month prior notice is served.

Resignation and Impeachment of the President of India

The President may resign by addressing a letter, in writing, to the Vice-President.

He may also be removed by impeachment for violation of the Constitution. This is provided under Article 61 and requires a rigorous process:

• A resolution to impeach can be introduced in either House of Parliament. However, proposal to such resolution requires signature of not less than one-fourth (25%) of the total members of both the houses and must be moved on 14 days of prior notice in the parliament before passing a resolution.
• It requires a two-thirds majority of the total membership of that House (special majority provision under article 61).
• The charges shall be investigated in the house other than the house where the proposal is moved , and the President is rightfully allowed to appear the investigation process and the defend himself.
• If both Houses pass the resolution by the required majority, the President is removed from the date of the resolution passed.

The point is to note that the impeachment process of the president is kind of Quasi-Judicial process (semi-judicial) where the charges are investigated and determined by the legislative body instead of the court.
Here very important to note that –

• Nominated members of both Houses of Parliament (of Rajya Sabha only after removal of can take part in the impeachment proceedings, even though they are not involved in the President’s election.
• In contrast, the elected members of the legislative assembly of the states and those of the Union Territories of Delhi, Puducherry and Jammu and Kashmir have a role in electing the President but cannot participate in the impeachment process.

Vacancy

Vacancy of the office occurs once the expiry of the tenure of 5 years. However, it can also fall out due to death or removal due to impeachment or declared invalidation of the election by the Supreme Court.

Article 62 mentions about Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.

The Election Commission must notify the election for the office of the President of India on or after the 60th day before the outgoing President’s term ends. The schedule is arranged so that the newly elected President can assume office immediately after the incumbent’s term expires.

If the post falls vacant due to death, resignation, or removal, the Vice-President assumes charge. In his absence, the Chief Justice of India, or if unavailable, the senior-most Judge of the Supreme Court, takes over until fresh elections are held and the new President assumes office. The Constitution requires such elections to be conducted within six months of the vacancy.

Similarly, if the President is unable to perform his duties because of illness or absence, the Vice-President carries out those functions. Whoever, the Vice-President, Chief Justice of India, or senior-most Judge, performs the duties of the President enjoys all powers, privileges, immunities, salary, and allowances granted to the President under the Constitution.

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Powers of the President of India.

The President of India wields extensive powers, but executive powers are exercised on the aid and advice of the Council of Ministers through Article 74 as he is the only nominal (de-jure) head of the state. These powers are grouped as follows:

Executive Powers

• All the Executive functions of the union take place in the name of the President of India.
• President can make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
• He can make rules for more convenient transaction of business of the union government, and for allocation of the said business among the ministers.
• He seeks information relating to administration affairs of the Union, and proposals for legislation from the Prime minister under Article 78, and can ask the Prime Minister to submit for consideration of any matter on which a decision has been taken by a minister but not considered by the council.
• He can reject or send for reconsideration of any executive function but has to accede if returned decision is unchanged.
• The President appoints the Prime Minister and, on his advice, other Ministers.
• He appoints Governors, Chief Justice of India and other judges of Supreme court and High Courts, the Attorney-General, the Comptroller and Auditor General, Election Commissioners, Finance Commission members, UPSC chairperson and members.
• He can remove PM and the council of ministers; Governor of states; Election commissioners, CJI, Judges of the Supreme Court and High courts on parliamentary resolution; UPSC and State PSC chairman and members on a report of the Supreme Court; and Attorney General of India.
• The President of India is the Supreme Commander of the Armed Forces as a 6-star officer and appoints the Chiefs of the Army, Navy, and Air Force.
• He appoints Commission for Schedule Caste, Tribes and Socially and Educationally Backward classes through Article 339 and 340.
• The president, after consultation with the governor, can issue public notification through respective commissions to specify list of schedule castes, tribes and Socially and Educationally backward classes, as mentioned under Article 341, 432 and 342A. the state legislature or the parliament can make laws and provisions but can not include or exclude in the list.
• He directly administers the Union Territories through administrator (governor/Lt. governors) appointed by him.
• The President of India can declare an area as scheduled area for Schedule castes and Tribes, and has the power through governors to administer and alter the boundary of schduled areas and areas under Tribal councils under schedule 5.

Legislative Powers

• The President summons the house for a session (thrice a year, and twice at least, under article 85) , prorogues, and dissolves Parliament. In case of deadlock on a bill, he can also call for a joint sitting, provided it is not a money bill.
• He addresses Parliament jointly (both the houses) as Motion of Thanks at the commencement of the first session each year and each general election.
• He lays certain reports, on Comptroller and Auditor General of India; Union Public Service Commission and Finance Commission; National Commission for Scheduled Caste, Scheduled tribes and SEBC; and the special officer for linguistic minorities, before the house of Parliament.
• He nominates 12 members to the Rajya Sabha and could nominate 2 members to the Lok Sabha from the Anglo-Indian community (the 104th Constitutional Amendment, 2020 removed the Lok Sabha nomination).
• Every bill passed by Parliament requires the President’s assent to become law.
• He can promulgate an ordinance under Article 123 when the Parliament is not in session which has to be approved by the Parliament within six weeks after starting of the new session. He can also withdraw an ordinance at any time.
• He is vested with the legislative powers in Union Territories, except the UT of Delhi, Puducherry and Jammu and Kashmir where he can pass only ordinance after suspension or dissolution of legislature in these territories.
• President has the power of forming and appointing a party for government. However, such acts need the party to provide trust vote or majority when there is no session. And win floor test to speaker in ongoing session.

In Cooper Case (1970), the supreme court held that the President’s ordinance power could be questioned in a court on the ground of malafide. The 38th Constitutional Amendment Act of 1975 made the President’s ordicnance power final and non-justiciable, which in turn was deleted through the 44th Constitutional Amendment Act of 1978.

Financial Powers

• No Money Bill (Article 110) and Financial bill type 1 (Article 117(1)) can be introduced in Parliament without the President’s recommendation.
• He causes the Annual Financial Statement or Union Budget (Article 112) to be laid before Parliament. Under which the Demand for Grants (Article 113), as a money bill, is introduced only after his recommendation.
• He has the constitutional power to draw out of the contingency fund of India to deal with emergency situations by passing an ordinance. He is the custodian of Contingency Fund of India (Article 267).
• He appoints the Finance Commission every five years.

Judicial Powers

• The President appoints the Chief Justice of India and other judges of the Supreme Court and High Courts.
• Under Article 143, the president can seed advices from the Supreme Court, however not binding to him.
• He can grant pardons, reprieves, respites, or remissions of punishment, or suspend, remit or commute the sentence of any person convicted of any offence:
  • Where the punishment or sentence is by a court martial
  • Where the punishment is for an offence against union law
  • In all cases where a person is sentenced to death.

Diplomatic Power

All the international treaties and agreements are pulled off on the president of India’s behalf.

Emergency Powers

The Constitution grants the President of India special powers during emergencies:

1. National Emergency (Article 352) – Proclaimed when India’s security is threatened by war, external aggression, or armed rebellion.
2. President’s Rule (Article 356) – Proclaimed when a state government cannot function according to constitutional provisions.
3. Financial Emergency (Article 360) – Proclaimed when India’s financial stability is threatened.

These powers highlight the President of India’s role as the guardian of constitutional.

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Veto Powers

The President of India enjoys veto powers over legislation. Under Article 111, he may:

• Give his assent to the bill
• Withhold his assent to the bill
• Return the bill for reconsideration, except money bill.

The power of withholding a bill is called veto power of President, which he enjoys are of three types:

• Absolute Veto – Withholds or rejects assent, and the bill lapses. Usually exercised in private bills, or government bills, in such a situation when introducing govenment resigns and the new government formed advises the president to withold.
• Suspensive Veto – Returns the bill for reconsideration. however, if Parliament passes it again without changes, the President must give assent.
• Pocket Veto – Takes no action on the bill, keep the bill pending for an indefinite period. Example, in 1989, president Zail Singh’s pocket veto on Indian post office amendment bill by Rajiv Gandhi Government that imposed restriction on freedom of press.

It is to note that, in case of Money bill, the president can neither excercise suspensive veto or pocket veto, he can either accent to or reject.
In case of Constitutional Amendment bill he can, other than nothing, only accent to the bill.

President’s Veto over State Legislation (Article 201):
The President of India holds the authority to either disallow or return for reconsideration any Bill passed by a State Legislature that has been reserved for his assent by the State Governor. Reserving such a Bill for the President’s consideration lies within the Governor’s discretionary powers. The Constitution sets no time frame for the President to either grant or withhold assent, which means the President may keep a State Bill pending indefinitely. Moreover, in matters of State legislation, the President’s veto is absolute, as there is no mechanism to override it. In 2025, the Supreme Court in State of Tamil Nadu vs. Governor of Tamil Nadu, laid down a three-month deadline for the President and the governor to hold a bill.

These veto powers provide a constitutional check, preventing hasty or unconstitutional legislation.

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Pardoning Powers of the President of India

Under Article 72, the President of India has the authority to grant pardons, reprieves, respites, or remissions of punishment, and may also suspend, remit, or commute the sentence of any convicted individual in the following cases:
(a) When the punishment or sentence is imposed by a Court Martial;
(b) When the punishment is for an offence under laws relating to matters within the Union’s executive power;
(c) When the sentence awarded is the death penalty.

Types of Clemency Powers

Commutation: Substitutes one type of punishment with another of a less severe nature—for example, death penalty changed to life imprisonment, or rigorous imprisonment changed to simple imprisonment, or imprisonment converted into a fine.

Pardon: Completely removes both the conviction and the sentence, freeing the offender from all punishments and disqualifications.

Reprieve: A temporary stay on the execution of a sentence, especially a death sentence, pending consideration of pardon or commutation by the President.

Remission: Reduces the duration of the sentence without altering its nature. For instance, a one-year sentence may be reduced to six months.

Respite: Grants a lighter sentence than what is prescribed, due to special circumstances—for example, awarding leniency to a pregnant woman offender. Unlike remission (which is permanent), respite is temporary.

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Conclusion

The office of the President of India, mandated by Article 52, forms the backbone of India’s constitutional democracy. Though executive power is exercised in practice by the Council of Ministers, the President remains central to the constitutional scheme. His powers—executive, legislative, financial, judicial, and emergency—are exercised within limits but carry immense symbolic and stabilizing value.

The presence of the President of India ensures that governance never ceases, constitutional order is preserved, and the dignity of the Republic is upheld. From elections to legislation, from military command to the power of pardon, every act of government carries the imprint of the President’s office.

In essence, the president of India is not just a constitutional figure in existence—it is the lifeline of Indian democracy, affirming that the Republic of India can never function without its President.

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