President and Vice President Powers

Why this topic matters for CDS/OTA

The Union executive consists of the President, the Vice President, the Prime Minister, the Council of Ministers and the Attorney General. Of these, the President is the formal head in whose name the entire government of India runs.

CDS General Studies routinely picks one or two questions from this chapter every year. They are usually fact-based — for example, who elects the President, the term of office, or which power requires the advice of the Council of Ministers.

India follows the parliamentary system borrowed largely from Britain. In such a system the head of state and the head of government are different persons: the President is the head of state, while the Prime Minister is the head of government. Confusing these two roles is one of the most common slips in the exam, so fix the distinction early.

Constitutional position of the President

Article 52 simply says: there shall be a President of India. Article 53 vests the executive power of the Union in the President, to be exercised by him directly or through officers subordinate to him.

But here is the catch that examiners love: under Article 74, there is a Council of Ministers headed by the Prime Minister to aid and advise the President, and the President shall act in accordance with such advice.

How the President is elected

The President is indirectly elected by an electoral college through a system of proportional representation by means of the single transferable vote, and voting is by secret ballot (Article 55).

Who forms the electoral college?

• 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 Delhi and Puducherry

Nominated members of Parliament and State Assemblies, and members of Legislative Councils, do not vote.

Why indirect election? The framers reasoned that a directly elected President might claim a popular mandate and rival the Prime Minister, upsetting the parliamentary balance. An indirect election keeps the office above party politics while still giving it democratic legitimacy. The Supreme Court can decide all disputes arising out of the election under Article 71, and even if some seats in the electoral college are vacant, the election cannot be challenged on that ground alone.

Qualifications, oath and term of office

Qualifications (Article 58)

• Citizen of India
• Has completed 35 years of age
• Qualified for election as a member of the Lok Sabha
• Must not hold any office of profit under the Union, State or local authority

Term and conditions

• Term of office: 5 years from the date of entering office
• Eligible for re-election any number of times
• The oath of office is administered by the Chief Justice of India (or, in his absence, the senior-most judge of the Supreme Court)

Executive and legislative powers

Executive powers

• All executive actions of the Union are taken in the President's name
• Appoints the Prime Minister and, on the PM's advice, other ministers
• Appoints the Attorney General, CAG, Chief Election Commissioner, Governors, and judges of the Supreme Court and High Courts
• Administers Union Territories through administrators

Legislative powers

• Summons and prorogues Parliament and can dissolve the Lok Sabha
• Addresses Parliament at the start of the first session after each general election and each year's first session
• Nominates 12 members to the Rajya Sabha (persons with special knowledge in literature, science, art and social service)
• A bill becomes law only after the President's assent

The President's veto powers

When a bill is presented for assent, the President can: (a) give assent, (b) withhold assent, or (c) return the bill (if it is not a Money Bill) for reconsideration.

Types of veto

• Absolute veto — withholding assent altogether (used for private member bills or when a cabinet resigns)
• Suspensive veto — returning a bill; if Parliament passes it again, the President must assent
• Pocket veto — taking no action at all (the Constitution prescribes no time limit). Famously used by President Zail Singh on the Indian Post Office (Amendment) Bill

Judicial, financial, diplomatic and military powers

Judicial powers

Under Article 72, the President can grant pardon, reprieve, respite, remission and commutation of punishment. The President alone can pardon a court-martial sentence and a death sentence.

Financial powers

• Money Bills can be introduced only with the President's prior recommendation
• Causes the Annual Financial Statement (Budget) to be laid before Parliament
• No demand for a grant can be made except on his recommendation
• Constitutes the Finance Commission every five years

Diplomatic and military powers

• Negotiates treaties and agreements (subject to parliamentary approval)
• Represents India in international forums
• Is the Supreme Commander of the defence forces and appoints the chiefs of the Army, Navy and Air Force

Emergency powers of the President

The Constitution gives the President three categories of emergency power. These are high-frequency in CDS objective papers.

• National Emergency (Article 352) — on grounds of war, external aggression or armed rebellion
• President's Rule / State Emergency (Article 356) — failure of constitutional machinery in a State
• Financial Emergency (Article 360) — threat to the financial stability or credit of India

The Vice President: election and role

The Vice President is the second highest constitutional office in India (Articles 63–71).

Election

• Elected by an electoral college consisting of members of both Houses of Parliament (both elected and nominated)
• Method: proportional representation by single transferable vote, secret ballot
• State legislatures do not take part (unlike the President's election)

Qualifications and role

• Must be a citizen, have completed 35 years, and be qualified for election to the Rajya Sabha
• Term: 5 years; serves as the ex-officio Chairman of the Rajya Sabha
• Acts as President when a vacancy arises (death, resignation, removal) for a maximum of 6 months, within which a new President must be elected

Removal: impeachment of the President

The President can be removed only by impeachment for violation of the Constitution (Article 61). The ground is deliberately left undefined.

Procedure

• Charges may be initiated by either House of Parliament
• The resolution must be signed by at least one-fourth of the total members of that House and a 14-day notice given
• It must be passed by a two-thirds majority of the total membership of that House
• The other House then investigates; if it also passes the charge by a two-thirds majority, the President is removed

Worked illustration and previous-year question

Impeachment is the one place where a quick calculation can appear, so practise the arithmetic of the required majority.

This shows why the bar is so high. A two-thirds majority of total membership (not just those present and voting) makes the President practically secure as long as no broad consensus exists against the office.

Quick revision