The President of India: Constitutional Authority, Powers, and the Framework of Executive Governance

A complete reference covering the election process, electoral college, qualifications, oath, term, impeachment, vacancy, and the full spectrum of executive, legislative, financial, judicial, diplomatic, military, and emergency powers of the President of India.

Election of the President

The President is elected indirectly through an Electoral College — not directly by the people. The system is designed to maintain uniformity in representation across states and parity between the states and the Union.

Composition of the Electoral College

• Elected members of the Lok Sabha (House of the People)
• Elected members of the Rajya Sabha (Council of States)
• Elected members of the Legislative Assemblies of all States
• Elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry

Who is excluded

Nominated members of Parliament and nominated members of state legislative assemblies do NOT participate in the presidential election, though they may participate in the impeachment process.

Vote Value Formula

Value of vote of an MLA

= (Total population of state ÷ Total elected members of state assembly) ÷ 1000

Value of vote of an MP

= Total value of votes of all MLAs of all states ÷ Total elected members of Parliament

Electoral Quota (Winning Threshold)

Electoral quota

= (Total valid votes polled ÷ 2) + 1

• The election uses the system of proportional representation by means of the single transferable vote
• Voting is by secret ballot
• Each voter is given only one ballot paper and marks preferences as 1, 2, 3, etc.
• First-preference votes are counted first; if no candidate reaches the quota, the candidate with the fewest votes is eliminated and their second-preference votes are redistributed
• This process continues until one candidate secures the required quota

Presidential Election Results (1967–2022)

#	Year	President Elected	Votes (%)	Main Rival	Rival Votes (%)
4	1967	Dr. Zakir Husain	471,244 (56.23%)	K. Subba Rao	363,971 (43.4%)
5	1969	V.V. Giri	420,077 (50.22%)	N. Sanjeeva Reddy	405,427 (48.5%)
6	1974	Fakhruddin Ali Ahmed	756,587 (80.18%)	Tridev Chaudhuri	189,186 (19.8%)
7	1977	N. Sanjeeva Reddy	Unopposed
8	1982	Giani Zail Singh	754,113 (72.73%)	H.R. Khanna	282,685 (27.6%)
9	1987	R. Venkataraman	740,148 (72.29%)	V. Krishna Ayyer	281,550 (27.1%)
10	1992	Dr. Shankar Dayal Sharma	675,564 (65.86%)	George Swell	346,485 (33.21%)
11	1997	K.R. Narayanan	956,290 (94.97%)	T.N. Sheshan	50,431 (5.07%)
12	2002	Dr. A.P.J. Abdul Kalam	922,844 (89.58%)	Laxmi Sehgal	107,366 (10.42%)
13	2007	Ms. Pratibha Patil	638,116 (65.82%)	B.S. Shekhawat	331,306 (34.17%)
14	2012	Pranab Mukherjee	713,763 (68.12%)	P.A. Sangma	315,987 (30.15%)
15	2017	Ram Nath Kovind	702,044 (65.65%)	Meira Kumar	367,314 (34.35%)
16	2022	Droupadi Murmu	676,803 (64.03%)	Yashwant Sinha	380,177 (35.97%)

Qualifications for Election as President

• Must be a citizen of India
• Must have completed 35 years of age
• Must be qualified for election as a member of the Lok Sabha
• Must not hold any office of profit under the Union government, any state government, any local authority, or any other public authority
  • A sitting President or Vice-President is not deemed to hold an office of profit
  • The Governor of any state is not deemed to hold an office of profit
  • A Union or state minister is not deemed to hold an office of profit

Nomination Requirements

• Nomination must be subscribed by at least 50 electors as proposers and 50 as seconders
• A security deposit of ₹15,000 must be made with the Reserve Bank of India
• The deposit is forfeited if the candidate fails to secure one-sixth of votes polled
• Before 1997, only 10 proposers and 10 seconders were required and the deposit was ₹2,500; increased in 1997 to discourage non-serious candidates

Oath or Affirmation by the President

Before entering office, the President swears or affirms to:

• Faithfully execute the office of President of India
• Preserve, protect, and defend the Constitution and the law
• Devote themselves to the service and well-being of the people of India

• The oath is administered by the Chief Justice of India
• In the absence of the Chief Justice, the seniormost judge of the Supreme Court administers the oath
• Any person acting as President or discharging presidential functions also takes the same oath

Conditions of the President’s Office

• Must not be a member of either House of Parliament or any state legislature — if elected while holding such membership, the seat is deemed vacated on the date of entering office
• Must not hold any other office of profit
• Entitled to use the official residence (Rashtrapathi Bhavan) without payment of rent
• Entitled to emoluments, allowances, and privileges as determined by Parliament
• Emoluments and allowances cannot be diminished during the term of office

Salary and Perquisites

• Salary increased from ₹1.50 lakh to ₹5 lakh per month in 2018
• Retired Presidents receive a pension of 50% of their last salary per month (increased from ₹3 lakh per annum in 2008)
• Former Presidents are entitled to: furnished residence, phone facilities, car, medical treatment, travel facility, secretarial staff, and office expenses up to ₹1,00,000 per annum
• Spouse of a deceased President receives: family pension at 50% of the retired President’s pension, furnished residence, phone, car, medical treatment, travel facility, secretarial staff, and office expenses up to ₹20,000 per annum

Privileges and Immunities

• Personal immunity from legal liability for official acts
• Immune from criminal proceedings — even for personal acts — during term of office
• Cannot be arrested or imprisoned during the term
• Civil proceedings in respect of personal acts can be instituted only after giving two months’ notice

Term, Impeachment, and Vacancy

Term of office

• Five years from the date of entering office
• May resign at any time by addressing the resignation letter to the Vice-President
• Can be removed before term completion by the process of impeachment
• May hold office beyond five years until the successor assumes charge (to prevent interregnum)
• Eligible for re-election for any number of terms (unlike the USA, which limits to two terms)

Impeachment of the President

The President can be removed for “violation of the Constitution” — a phrase not defined in the Constitution itself. The process is quasi-judicial in nature.

Procedure

• Either House of Parliament may initiate impeachment charges
• Charges must be signed by one-fourth of the total membership of the initiating House
• 14 days’ notice must be given to the President
• The initiating House must pass the impeachment resolution by a majority of two-thirds of its total membership
• The resolution is then sent to the other House, which investigates the charges
• The President has the right to appear and be represented during the investigation
• If the second House also sustains the charges and passes the resolution by a two-thirds majority, the President stands removed from the date the resolution is passed

Special notes on impeachment

Nominated members of either House of Parliament CAN participate in impeachment even though they cannot vote in the presidential election. Elected members of state legislative assemblies and UT legislatures (Delhi, Puducherry) CANNOT participate in impeachment even though they vote in the presidential election. No President of India has ever been impeached.

Vacancy in the President’s Office

Causes of vacancy

• Expiry of the five-year tenure
• Resignation addressed to the Vice-President
• Removal by the process of impeachment
• Death
• Disqualification from holding office or election declared void

Filling the vacancy

• If vacancy arises from expiry of term: election must be held before the term expires
• If vacancy arises from resignation, removal, death, or otherwise: election must be held within six months
• The newly-elected President serves a full fresh term of five years from the date of assuming charge

Acting arrangements

• If the President’s office falls vacant, the Vice-President acts as President until a new President is elected
• If the President is unable to discharge functions due to absence, illness, or any other cause, the Vice-President discharges those functions until the President resumes office
• If the office of Vice-President is also vacant, the Chief Justice of India acts as President
• If the Chief Justice’s office is also vacant, the seniormost judge of the Supreme Court available acts as President
• Any person acting as President enjoys all the powers, immunities, and emoluments of the President

Powers and Functions of the President

Executive

All Union actions in President’s name; appointments of PM, ministers, CAG, CEC, governors

Legislative

Summon/prorogue Parliament; assent to bills; nominate Rajya Sabha members; ordinances

Financial

Union Budget; money bills require prior recommendation; contingency fund advances

Judicial

Appoints CJI and judges; grant pardons; seek Supreme Court advisory opinion

Diplomatic

Represents India internationally; concludes treaties; sends/receives ambassadors

Military

Supreme commander of defence forces; appoints Army, Navy, Air Force chiefs

Emergency

National (Art. 352), President’s Rule (Art. 356/365), Financial Emergency (Art. 360)

Executive Powers

• All executive actions of the Government of India are formally taken in the President’s name
• Can make rules specifying how orders and instruments made in the President’s name shall be authenticated
• Can make rules for more convenient transaction of Union business and allocation of business among ministers
• Appoints the Prime Minister and the Council of Ministers; they hold office during the President’s pleasure
• Appoints the Attorney General of India and determines their remuneration; the Attorney General holds office during the President’s pleasure
• Appoints the Comptroller and Auditor General of India
• Appoints the Chief Election Commissioner and other Election Commissioners
• Appoints the Chairman and members of the Union Public Service Commission
• Appoints the governors of states
• Appoints the Chairman and members of Finance Commissions
• Can seek information about the administration of Union affairs and legislative proposals from the Prime Minister
• Can require the Prime Minister to submit, for the Council of Ministers’ consideration, any matter on which a minister has acted but the Cabinet has not yet considered
• Can appoint a commission to investigate the conditions of backward classes
• Can appoint an inter-state council to promote Centre–state and inter-state cooperation
• Directly administers union territories through appointed administrators
• Can declare any area as a scheduled area and has powers over the administration of scheduled areas and tribal areas

Legislative Powers

The President is an integral part of the Parliament of India.

• Can summon or prorogue Parliament and dissolve the Lok Sabha
• Can summon a joint sitting of both Houses of Parliament, presided over by the Speaker of the Lok Sabha
• Addresses Parliament at the commencement of the first session after each general election and at the first session of each year
• Can send messages to either House of Parliament — whether about a pending bill or otherwise
• Can appoint any member of the Lok Sabha to preside over proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant
• Can appoint any member of the Rajya Sabha to preside over proceedings when the offices of both the Chairman and the Deputy Chairman fall vacant
• Nominates 12 members to the Rajya Sabha from among persons having special knowledge or practical experience in literature, science, art, and social service
• Previously nominated two Anglo-Indian members to the Lok Sabha — this provision was discontinued by the 104th Constitutional Amendment Act of 2019
• Decides on questions of disqualification of members of Parliament, in consultation with the Election Commission
• Prior recommendation or permission is required to introduce certain types of bills:
  • A bill involving expenditure from the Consolidated Fund of India
  • A bill for the alteration of boundaries of states or creation of a new state
  • A money bill
  • A bill imposing or varying any tax or duty in which states are interested
  • A bill varying the meaning of “agricultural income” for income tax purposes
  • A bill affecting the principles on which money is distributable to states
  • A bill imposing any surcharge on a specified tax or duty for the Centre
• A state bill imposing restrictions on freedom of trade, commerce, and intercourse requires the President’s prior sanction before being introduced in the state legislature

When a bill passed by Parliament is sent to the President

• Give assent to the bill — it becomes an Act
• Withhold assent — the bill lapses (absolute veto)
• Return the bill for reconsideration (only for non-money bills) — if Parliament repasses it with or without amendments, the President must give assent (suspensive veto)
• Take no action and keep the bill pending indefinitely — pocket veto (no time limit prescribed in the Constitution)

When a state bill is reserved by the governor for the President

• Give assent to the bill
• Withhold assent
• Direct the governor to return it (if not a money bill) for reconsideration; if the state legislature repasses it and sends it again, the President is not obligated to give assent — effectively an absolute veto over state legislation
• The President has no prescribed time limit for state bills, so pocket veto applies here too

The Three Vetoes of the President

Absolute Veto The President withholds assent entirely; the bill does not become an Act. Used mainly for private members’ bills and government bills when a cabinet resigns after passage but before assent and the new cabinet advises against assent.

• 1954: President Dr. Rajendra Prasad withheld assent to the PEPSU Appropriation Bill
• 1991: President R. Venkataraman withheld assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill

Suspensive Veto The President returns the bill to Parliament for reconsideration. If Parliament repasses the bill — even without any amendments — the President must give assent. The veto is overridden by the same ordinary majority, not a higher special majority (unlike the USA).

• Does not apply to money bills — the President can only give assent to or withhold assent from money bills, not return them

Pocket Veto The President neither signs, returns, nor rejects the bill — simply keeps it pending with no time limit. The Constitution prescribes no deadline for the President to act on a bill.

• 1986: President Zail Singh exercised the pocket veto on the Indian Post Office (Amendment) Bill, which imposed restrictions on freedom of press and was widely criticised
• Three years later in 1989, President R. Venkataraman sent the bill back for reconsideration; the new National Front Government decided to drop the bill
• The pocket veto does not apply to constitutional amendment bills — the 24th Constitutional Amendment Act of 1971 made presidential assent mandatory for constitutional amendments
• India’s “pocket” is said to be bigger than the US President’s, who must return a bill within 10 days

Financial Powers

• Money bills can be introduced in Parliament only with the President’s prior recommendation
• Causes the annual financial statement (the Union Budget) to be laid before Parliament
• No demand for a grant can be made except on the President’s recommendation
• Can make advances out of the Contingency Fund of India to meet unforeseen expenditure
• Constitutes a Finance Commission after every five years to recommend the distribution of revenues between the Centre and the states

Judicial Powers

• Appoints the Chief Justice of India and the judges of the Supreme Court and High Courts
• Can seek advisory opinion from the Supreme Court on any question of law or fact — however, the advice tendered by the Supreme Court is not binding on the President
• Can grant pardon, reprieve, respite, and remission of punishment, or suspend, remit, or commute the sentence of any person convicted of an offence in the following cases:
  • All cases where punishment or sentence is by a court martial
  • All cases where punishment is for an offence against a Union law
  • All cases where the sentence is a sentence of death

Diplomatic Powers

• International treaties and agreements are negotiated and concluded on behalf of the President
• All such treaties and agreements are subject to approval by Parliament
• Represents India in international forums and affairs
• Sends and receives diplomats such as ambassadors and high commissioners

Military Powers

• Is the Supreme Commander of the defence forces of India
• Appoints the chiefs of the Army, the Navy, and the Air Force
• Can declare war or conclude peace, subject to the approval of Parliament

Emergency Powers

The Constitution confers extraordinary powers on the President to deal with three types of emergencies:

National Emergency — Article 352

• Can be proclaimed for the entire country or any part of it
• Grounds: (a) War, (b) External aggression, or (c) Armed rebellion
• During national emergency, the President acquires extraordinary powers:
  • Can modify the distribution of financial resources between the Union and the states
  • Can suspend Fundamental Rights of citizens — except the right to life and personal liberty (Article 21) and the right to protection in respect of conviction for offences (Article 20)
  • Parliament can make laws on state subjects during national emergency

President’s Rule — Articles 356 and 365

• Also known as State Emergency or Constitutional Emergency
• Proclaimed when the governance of a state cannot be carried on in accordance with the provisions of the Constitution
• Also proclaimed when a state fails to comply with the directions given by the Union (Article 365)
• The President assumes the functions of the state government during the period of President’s Rule

Financial Emergency — Article 360

• Proclaimed when the financial stability or credit of India or any part thereof is threatened
• During financial emergency, the President may give directions to states regarding financial propriety
• May require money bills from state legislatures to be reserved for presidential consideration
• May require a reduction in salaries and allowances of persons serving in connection with affairs of any state

Ordinance-Making Power

When Parliament is not in session and immediate action is required, the President can promulgate ordinances with the same force and effect as an Act of Parliament.

• Ordinances can be promulgated only when Parliament (or at least one House) is not in session
• The President must be satisfied that circumstances exist requiring immediate action
• An ordinance must be laid before both Houses of Parliament when it reassembles
• If Parliament takes no action, the ordinance ceases to operate after six weeks from the date of reassembly
• An ordinance also ceases to operate if both Houses pass resolutions disapproving it
• The President can withdraw an ordinance at any time
• Maximum life of an ordinance: six months and six weeks (six months being the maximum gap between two sessions, plus six weeks)
• Ordinance-making power is coextensive with Parliament’s law-making power — it covers only subjects on which Parliament can legislate
• An ordinance cannot abridge or take away any Fundamental Rights
• An ordinance is subject to the same constitutional limitations as an Act of Parliament
• The 38th Constitutional Amendment Act of 1975 made the President’s satisfaction non-justiciable; the 44th Amendment of 1978 reversed this — presidential satisfaction is now justiciable on grounds of malafide

Re-promulgation of ordinances

The Supreme Court has held that re-promulgating ordinances without placing them before Parliament is a fraud on the Constitution and a subversion of parliamentary democracy. The President cannot bypass Parliament deliberately by continuously re-issuing ordinances on the same subject.

Constitutional Position of the President

“The President of India is the constitutional or nominal head — the real executive authority rests with the Council of Ministers headed by the Prime Minister.”

Nature of the office

• India follows the Westminster model of parliamentary democracy — the President is a constitutional (nominal) head
• Real executive power is exercised by the Council of Ministers headed by the Prime Minister
• The 42nd Constitutional Amendment Act of 1976 made the aid and advice of the Council of Ministers binding on the President
• The 44th Constitutional Amendment Act of 1978 gave the President the power to return the advice once for reconsideration — if the Council reiterates the advice, the President must act accordingly
• This position closely resembles the British constitutional monarch — who reigns but does not rule
• The Indian President differs fundamentally from the American President, who is a real executive with independent constitutional authority

Discretionary functions

• Appointment of Prime Minister when no single party has a clear majority in the Lok Sabha
• Dismissal of the Council of Ministers when they lose the confidence of the Lok Sabha
• Dissolution of the Lok Sabha when the Council of Ministers loses majority
• Returning a bill for reconsideration (once only — must assent if re-passed)
• Asking for information from the Prime Minister under Article 78

Important Articles:

Art. 52 – President exists
Art. 53 – Executive power vested
Art. 54 – Indirect election
Art. 55 – Election method (PR + STV)
Art. 56 – 5-year term
Art. 57 – Re-election allowed
Art. 58 – Qualifications
Art. 59 – Conditions of office
Art. 60 – Oath
Art. 61 – Impeachment
Art. 62 – Vacancy election
Art. 65 – VP acts as President
Art. 71 – Election disputes (SC)
Art. 72 – Pardoning power
Art. 74 – Aid & advice
Art. 75 – Ministers’ provisions
Art. 76 – Attorney General
Art. 77 – Executive actions
Art. 78 – PM duties
Art. 85 – Parliament sessions
Art. 111 – Assent to bills
Art. 112 – Union Budget
Art. 123 – Ordinance power
Art. 143 – SC advisory