Chapter 17: President of India
Introduction
The President of India is the head of the Indian State and the first citizen of the country.
However, in a Parliamentary system, the President is a nominal executive — the real power lies with the Prime Minister and the Council of Ministers.
The President functions as the symbol of unity, integrity, and nationhood.
Constitutional Provisions
- Articles 52 to 78 in Part V of the Constitution deal with the Union Executive:
- President,
- Vice-President,
- Prime Minister,
- Council of Ministers,
- Attorney General of India.
Election of the President
Manner of Election
- Indirect Election.
- Elected by an Electoral College consisting of:
- Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha),
- Elected members of the Legislative Assemblies of the States,
- Elected members of the Legislative Assemblies of Union Territories (Delhi and Puducherry).
Note:
- Nominated members of Parliament and State Legislatures do not participate.
- Members of State Legislative Councils (Upper House in some states) do not participate.
Voting System
- Proportional Representation by Single Transferable Vote.
- Voting done by secret ballot.
Value of Votes
- The vote of each MLA and MP is calculated differently.
Value of MLA’s Vote: Value of MLA’s vote=Population of State (as per 1971 Census)Total elected MLAs×1000\text{Value of MLA’s vote} = \frac{\text{Population of State (as per 1971 Census)}}{\text{Total elected MLAs} \times 1000}Value of MLA’s vote=Total elected MLAs×1000Population of State (as per 1971 Census)
Value of MP’s Vote:
- Total value of votes of all MLAs / Total number of elected MPs.
Simple Understanding:
- Aim is to ensure equal weightage to population and states.
Conditions for Election
- Majority Required:
- Candidate must secure more than 50% of valid votes.
- If no candidate gets majority in the first round, second preferences are counted (Single Transferable Vote system).
Qualifications for Election
As per Article 58, a candidate must:
- Be a citizen of India.
- Have completed 35 years of age.
- Be qualified for election as a member of the Lok Sabha.
- Not hold any office of profit under the Government of India or a State Government.
Term of Office
- 5 years from the date of entering office.
- Can be re-elected (no limit on the number of terms).
Vacancy
President’s office becomes vacant by:
- Expiry of 5 years,
- Resignation (addressed to Vice-President),
- Removal by impeachment,
- Death.
Impeachment of the President
- Only constitutional mechanism to remove the President.
- Ground:
- “Violation of the Constitution” (not defined in Constitution).
Procedure for Impeachment
- Charge can be initiated in either House of Parliament.
- Requires 1/4th members to sign the notice.
- 14 days’ notice must be given to President.
- House must pass the charge by 2/3rd majority of total membership.
- Other House investigates the charges.
- If the second House also passes the impeachment motion by 2/3rd majority, the President is removed.
Important:
- No President has ever been impeached in India till now.
Powers and Functions of the President
1. Executive Powers
- Head of Union Administration.
- Appoints:
- Prime Minister and Council of Ministers,
- Governors of States,
- Chief Justice and Judges of Supreme Court and High Courts,
- Attorney General,
- CAG, UPSC members, Election Commissioners, etc.
- Administers Union Territories through Administrators.
2. Legislative Powers
- Summons, prorogues, and dissolves Parliament.
- Addresses Parliament at the commencement of first session after General Elections.
- Nominates:
- 12 members to Rajya Sabha (from art, literature, science, social service),
- 2 Anglo-Indian members to Lok Sabha (if needed) (Note: 104th Amendment, 2020 ended this provision).
- Gives assent to bills (ordinary, money, constitutional).
- Can withhold assent, return ordinary bills (except money bills) for reconsideration.
- Promulgates Ordinances under Article 123.
3. Financial Powers
- Money Bills can be introduced only with President’s recommendation.
- Annual Union Budget is laid before Parliament in the name of the President.
- Finance Commission is appointed by President every 5 years.
4. Judicial Powers
- Can grant pardons, reprieves, respites, or remissions under Article 72.
- Powers apply for:
- Punishment under Union laws,
- Death sentences,
- Court martial cases.
5. Diplomatic Powers
- Represents India in international affairs.
- Appoints Indian ambassadors.
- Receives foreign diplomats.
- Ratifies international treaties and agreements (subject to Parliament’s approval).
6. Military Powers
- Supreme Commander of Indian Armed Forces.
- Appoints Chiefs of Army, Navy, Air Force.
- Declares war and peace (formal declaration).
7. Emergency Powers
- National Emergency (Art 352),
- President’s Rule (Art 356),
- Financial Emergency (Art 360).
In emergencies, President’s role becomes even more powerful (though still guided by advice).
Veto Powers of the President
| Type of Veto | Meaning |
|---|---|
| Absolute Veto | Refuse assent completely (mainly in private member’s bill). |
| Suspensive Veto | Send bill back to Parliament once for reconsideration (not for Money Bills). |
| Pocket Veto | No action taken for an indefinite period (no time limit). |
Ordinance Making Power (Article 123)
- When Parliament is not in session and immediate action is needed.
- Ordinances have the same force as laws.
- Must be approved by Parliament within 6 weeks of reassembly.
Position of President: Real vs. Nominal Head
- President acts on the advice of the Council of Ministers (Art 74).
- Bound to act according to advice.
- Can send back advice once for reconsideration — but must accept after reconsideration.
Thus, Prime Minister + Cabinet are the real executive.
President is the Constitutional/nominal head — a symbol of the nation.
Important Facts about the President
| Point | Detail |
|---|---|
| First President | Dr. Rajendra Prasad (1950–1962) |
| First Woman President | Pratibha Patil (2007–2012) |
| Current President (as of 2024) | Droupadi Murmu |
| Only President to serve two full terms | Dr. Rajendra Prasad |
| First Muslim President | Dr. Zakir Husain |
| Youngest President | Neelam Sanjiva Reddy |
Recent Developments
- Election of Droupadi Murmu as the 15th President (2022) — first tribal woman to become President.
- Removal of Anglo-Indian nominated seat in Lok Sabha through 104th Constitutional Amendment.
Conclusion
The President represents the sovereignty, unity, and integrity of India.
Although nominal, the President plays a crucial constitutional and ceremonial role,
especially during government formation, parliament sessions, and emergency situations.
Thus, the President is a guardian of the Constitution and moral authority of the Indian Republic.
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| President’s Election Method | Proportional Representation + Single Transferable Vote |
| Article for Ordinance Power | Art 123 |
| Minimum Age to be President | 35 years |
| Impeachment Procedure Initiated by | Either House of Parliament |
| Current President (as of 2024) | Droupadi Murmu |
Chapter 18: Vice-President of India
Introduction
The Vice-President of India is the second highest constitutional office after the President.
The Vice-President plays a dual role:
- Ex-officio Chairman of the Rajya Sabha (Upper House of Parliament),
- Acts as President during vacancy in the office of the President.
Thus, the Vice-President is both a legislative functionary and a backup for the President.
Constitutional Provisions
- Articles 63 to 71 (Part V) deal with the Vice-President of India.
Election of the Vice-President
Manner of Election
- Indirect election.
- Elected by an Electoral College consisting of:
- Members of both Houses of Parliament (Lok Sabha + Rajya Sabha),
- Both elected and nominated members of Parliament.
Important:
- State Legislative Assemblies do not participate in Vice-President’s election.
Voting System
- Proportional Representation by Single Transferable Vote.
- Voting is done by secret ballot.
Conditions for Election
- Candidate must secure majority of valid votes.
- If no candidate gets majority in first round, votes of least candidate eliminated and second preferences counted.
Qualifications for Election
As per Article 66 and 102, a candidate must:
- Be a citizen of India,
- Have completed 35 years of age,
- Be qualified for election as a member of Rajya Sabha,
- Not hold any office of profit under the Government of India, State Government, or local authority.
Term of Office
- 5 years from the date of entering office.
- Can continue beyond term until successor assumes office.
- Eligible for re-election (no term limits).
Vacancy
The office of Vice-President can become vacant by:
- Completion of term,
- Resignation (to the President),
- Removal,
- Death.
Removal of Vice-President
- Can be removed by a resolution of Rajya Sabha passed by a majority of all members.
- Agreed by Lok Sabha by a simple majority.
- No impeachment procedure (unlike President).
- 14 days’ advance notice must be given.
Powers and Functions of Vice-President
1. As Chairman of Rajya Sabha
- Presides over Rajya Sabha sessions.
- Decides on points of order.
- Maintains discipline and decorum.
- Can suspend members for unruly behavior.
- No casting vote (only regular vote as Rajya Sabha member in election matters).
2. Acting as President
- In case of:
- Death,
- Resignation,
- Removal,
- Impeachment of President, the Vice-President acts as the President of India.
- Can act for a maximum of 6 months (within which a new President must be elected).
Note:
When acting as President, the Vice-President does not perform duties as Chairman of Rajya Sabha.
Comparison: President vs Vice-President Election
| Feature | President | Vice-President |
|---|---|---|
| Electoral College | Elected MPs + Elected MLAs | Elected + Nominated MPs only |
| Representation | Centre + States | Only Centre |
| Voting System | Proportional Representation + Single Transferable Vote | Same |
Important Points About Vice-President
- First Vice-President: Dr. Sarvepalli Radhakrishnan (1952–1962).
- First to act as President: Dr. Radhakrishnan (when Dr. Rajendra Prasad was abroad).
- Longest-serving Vice-President: Krishan Kant (served from 1997 till death in 2002).
- Current Vice-President (as of 2024): Jagdeep Dhankhar.
Salary and Allowances
- As Vice-President:
Draws salary as Chairman of Rajya Sabha. - When acting as President:
Entitled to salary and privileges of President.
Important Cases
- Vice-President cannot be impeached like the President.
- Removal process of Vice-President is political, not quasi-judicial.
Importance of the Vice-President’s Role
- Ensures the smooth functioning of Rajya Sabha, which represents the States.
- Provides constitutional continuity by stepping in if the office of President becomes vacant.
- Important link in maintaining Parliamentary democracy and national stability.
Recent Developments
- Greater focus on Rajya Sabha’s role in legislation (especially during passage of important bills like GST, Triple Talaq).
- Vice-President’s role as Rajya Sabha Chairman has become more dynamic due to increased disruptions.
Conclusion
The Vice-President plays a crucial constitutional and parliamentary role —
balancing legislative management and ensuring constitutional continuity in the highest office of the land.
Though often seen as a ceremonial position, the Vice-President’s role is vital for the stability, functionality, and dignity of the Indian democracy.
“The silent strength of Parliament rests in the Chair.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Article for Vice-President | Article 63–71 |
| Minimum age | 35 years |
| Elected by | Both Houses of Parliament (MPs) |
| Removal procedure | Resolution in Rajya Sabha + Simple Majority in Lok Sabha |
| Current Vice-President (2024) | Jagdeep Dhankhar |