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Nominal Executive and Real Executive

The Constitution creates a parliamentary executive in which the President formally exercises important constitutional functions, but ordinarily does so on the advice of the Council of Ministers.

Three essential principles

1. Constitutional supremacy: The President’s powers are limited and regulated by the Constitution.
2. Responsible government: The Council of Ministers is collectively responsible to the Lok Sabha.
3. Continuity: The presidency continues even when governments change.

Important constitutional Articles

Who Elects the President?

The President is elected indirectly by an electoral college, rather than by a direct popular vote.

The inclusion of Delhi and Puducherry was provided by the 70th Constitutional Amendment Act, 1992.

Why indirect election?

India’s parliamentary structure does not require a separately popularly elected executive President. The electoral college also gives States a role in selecting the constitutional head of the Union.

How Is the Value of Votes Calculated?

Presidential elections use weighted votes. This helps balance representation among States and between the States collectively and Parliament.

Value of an MLA’s vote

Take the whole-number quotient. If the remaining population per MLA is at least 500 after accounting for the thousands, add one to the vote value.

Try an illustrative calculation

Suppose a State has a population of 12,600,000 and 100 elected MLAs.

Therefore, each MLA has a vote value of 126.

Interactive MLA vote calculator

Value of an MP’s vote

For MPs, fractions exceeding one-half are rounded up; other fractions are disregarded.

Single Transferable Vote and Secret Ballot

Article 55 provides for proportional representation by the single transferable vote, with voting by secret ballot.

Understand the process

1. Electors mark their preferences: 1, 2, 3 and so on.
2. Valid first-preference votes are counted using their weighted values.
3. A candidate securing the required majority quota is elected.
4. If nobody reaches the quota, the lowest-ranked candidate is eliminated.
5. Transferable ballots are allocated according to subsequent valid preferences.
6. Counting continues until a candidate reaches the required quota.

Nomination requirements

• At least 50 electors as proposers
• At least 50 electors as seconders
• Security deposit of ₹15,000
• Election administered by the Election Commission of India

Under Article 71, presidential election disputes are decided by the Supreme Court. Vacancies in the electoral college do not, by themselves, invalidate the election.

Qualifications and Conditions

A candidate for the presidency must satisfy four conditions.

1. Be a citizen of India.
2. Have completed 35 years of age.
3. Be qualified for election to the Lok Sabha.
4. Not hold a disqualifying office of profit.

Conditions after election — Article 59

• The President cannot remain a member of Parliament or a State Legislature.
• The President cannot hold another office of profit.
• Official residence and prescribed emoluments are provided.
• Emoluments and allowances cannot be reduced during the term.

A person who is a legislator is deemed to vacate that legislative seat on entering the President’s office.

Oath, Tenure and Re-election

Tenure

The President holds office for five years from the date of entering office, but continues until a successor assumes office.

Article 57 permits re-election. The Constitution does not prescribe a maximum number of presidential terms.

Oath — Article 60

The President undertakes to faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote service to the well-being of the people.

The oath is administered by the Chief Justice of India, or, in the CJI’s absence, the senior-most available Supreme Court judge.

How can the term end?

• Completion of tenure
• Resignation addressed to the Vice-President
• Removal through impeachment
• Death

Vacancy and Acting President

The Constitution provides continuity even if the office becomes vacant unexpectedly.

Under the 1969 Act, the Chief Justice of India, or in the CJI’s absence the senior-most available Supreme Court judge, discharges the functions where the statutory conditions arise.

Impeachment of the President

The President can be impeached for violation of the Constitution.

Step-by-step procedure

1. Either House of Parliament may initiate the charge.
2. At least one-fourth of the total membership of the initiating House must sign the notice.
3. A minimum of 14 days’ notice is required.
4. The initiating House must pass the resolution by at least two-thirds of its total membership.
5. The other House investigates or causes the charge to be investigated.
6. The President has the right to appear and be represented.
7. If the investigating House sustains the charge by a two-thirds majority of its total membership, removal takes effect from the date of that resolution.

Who participates?

Nominated members of Parliament can participate in impeachment proceedings, although they do not vote in presidential elections. State legislatures do not participate in impeachment.

No President of India has been removed through impeachment.

Appointments and Administration

Article 53 vests the executive power of the Union in the President. Important appointments are formally made in the President’s name.

Major appointments

• Prime Minister and other Union Ministers
• Attorney General of India
• Comptroller and Auditor General
• Governors of States
• Supreme Court and High Court judges under constitutional procedures
• Election Commissioners under applicable law
• UPSC Chairperson and members
• Finance Commission members

These are not all independent personal choices. Applicable constitutional provisions, statutes, consultation requirements and ministerial advice govern the appointments.

Administrative functions

Executive actions of the Government of India are expressed in the President’s name under Article 77. The President also makes rules concerning allocation and transaction of government business.

Diplomatic and military roles

The President formally accredits ambassadors and receives foreign diplomatic representatives. International agreements are concluded through the constitutional government. The President is the supreme commander of the Defence Forces, subject to constitutional and legal arrangements.

The President and Parliament

Article 79 states that Parliament consists of the President, the Rajya Sabha and the Lok Sabha.

Major legislative functions

• Summoning and proroguing Houses of Parliament — Article 85
• Dissolving the Lok Sabha — Article 85
• Addressing Parliament — Articles 86–87
• Sending messages to either House — Article 86
• Nominating 12 members to the Rajya Sabha — Article 80
• Assent to parliamentary Bills — Article 111
• Promulgating ordinances — Article 123
• Convening a joint sitting under Article 108 when applicable

The President addresses both Houses assembled together after each general election to the Lok Sabha and at the commencement of the first session of each year.

Veto Powers of the President

The President’s assent is an essential stage in the enactment of ordinary parliamentary legislation.

What happens when a Bill is returned?

If Parliament passes the returned Bill again, with or without amendments, and presents it to the President, assent cannot then be withheld under Article 111.

Important exceptions

• A Money Bill cannot be returned under the reconsideration proviso to Article 111.
• A Constitutional Amendment Bill duly passed under Article 368 must receive presidential assent.

Ordinance-Making Power

The President may promulgate an ordinance when both Houses of Parliament are not simultaneously in session and circumstances require immediate legislative action.

Conditions and limitations

• An ordinance can be issued when at least one House is not in session.
• It has the force and effect of an Act of Parliament, subject to constitutional limitations.
• It must be laid before both Houses of Parliament.
• It ordinarily ceases to operate six weeks after Parliament reassembles unless replaced or otherwise dealt with.
• It may be withdrawn by the President.
• It cannot validly override Fundamental Rights or exceed Parliament’s legislative competence.

Judicial safeguards

Ordinance-making is not an unrestricted alternative to ordinary legislation. Repeated re-promulgation without genuine legislative consideration has been strongly criticised by the Supreme Court.

The President and Public Finance

The Constitution assigns important financial procedures to the President, although financial policy is developed and administered by the elected government.

Important functions

• The Annual Financial Statement is laid before Parliament in the President’s name — Article 112.
• Money Bills require presidential recommendation before introduction — Article 117 read with Article 110.
• Certain financial Bills also require presidential recommendation.
• Demands for grants require presidential recommendation — Article 113.
• The President constitutes the Finance Commission — Article 280.
• The Contingency Fund of India is placed at the disposal of the President under Article 267 and applicable law.

Distinguish the three funds

Judicial Powers and Clemency

Article 72 provides the President with constitutional clemency powers in specified categories of cases.

Five forms of clemency

Where Article 72 applies

• Cases involving punishment by a court martial
• Offences against laws relating to matters within Union executive power
• All cases involving a sentence of death

The President also has a constitutional role in seeking the Supreme Court’s advisory opinion under Article 143, ordinarily acting on ministerial advice.

Three Constitutional Emergencies

National Emergency — Article 352

The President acts on the written decision of the Union Cabinet. Parliamentary approval is required within one month, subject to special provisions concerning a dissolved Lok Sabha.

Approval requires the special majority specified in Article 352. Once approved, continuation requires renewal every six months.

President’s Rule — Article 356

A proclamation ordinarily requires parliamentary approval within two months. Approved President’s Rule generally operates for six months at a time, subject to constitutional limits and conditions.

Financial Emergency — Article 360

Parliamentary approval is ordinarily required within two months. No Financial Emergency has been proclaimed in India.

Aid and Advice of the Council of Ministers

Article 74 is central to understanding the real constitutional position of the President.

42nd Amendment, 1976

Expressly established the binding character of ministerial advice in Article 74.

44th Amendment, 1978

Enabled the President to require the Council of Ministers to reconsider its advice. After reconsideration, the President must act in accordance with the advice tendered.

Article 78 — Prime Minister’s duties

• Communicate Council of Ministers’ decisions to the President.
• Provide information concerning Union administration and legislative proposals when requested.
• Submit to the Council a matter decided by an individual Minister when the President so requires.

Does the President Have Discretion?

The President does not possess a broad general power to govern independently. However, constitutional conventions can make presidential judgment important in exceptional situations.

Situation 1 — Hung Lok Sabha

When no party has an obvious majority, the President may need to determine whom to invite to form a government, guided by the prospect of securing Lok Sabha confidence.

Situation 2 — Loss of confidence

If the government’s majority is doubtful, a floor test is the appropriate democratic method of establishing confidence.

Situation 3 — Dissolution advice

Exceptional questions may arise when a Prime Minister who has lost confidence advises dissolution and a viable alternative government may be available. The constitutional position must be evaluated with care rather than assuming unlimited discretion.

Situation 4 — Requesting reconsideration

Article 74 expressly permits one request for reconsideration of ministerial advice.

Supreme Court Cases You Must Know

President of India vs President of USA

President vs Governor

President of India: Article Memory Map

Constitutional Concepts and Election

Answer each question and examine its explanation. These are original UPSC-style questions.

Advanced Application and Elimination

Practise statement-based questions, constitutional distinctions and frequently confused provisions.

Mains Answer-Writing Practice