PRESIDENT

❑ President
is the head of state. He is the first citizen of India and
the symbol of unity, integrity, and solidarity.
❑ President is the Nominal head while the actual power is vested
in Prime Minister who exercised them with the help of council of
ministers.
❑ ARTICLE 52➔There shall be a President of India.
❑ ARTICLE 53➔THE EXECUTIVE POWER OF UNION-
1. The executive power of the union shall be vested
into President who will exercised them either
directly or by officers sub ordinate to him in
accordance with the constitution.
2. The President will be the supreme commander of
the defence forces.

❑ARTICLE 54➔ ELECTION OF PRESIDENT-

➢ The President is not directly elected by the
people but by the members of ELECTORAL
COLLEGE consisting of-
1. All the elected member of parliament.
2. All the elected members of state legislative
assemblies.
3. All the elected members of the legislative assemblies of Union
Territories.{DELHI AND PUDUCHERRY ADDED BY 70TH CAA 1992}
➢ Thus, all the nominated members of both the houses of parliament, all the
nominated members of state legislative assemblies , all the elected and
nominated members of state legislative councils and the nominated members of
legislative assemblies of union territories having legislature will NOT
PARTICIPATE in the election of president.
❑ ARTICLE 55➔ MANNER/METHOD OF ELECTION OF PRESIDENT-
➢The constitution provides that there shall be a equal representation of
the States and the Union in the election of President.
➢To achieve this, the no. of votes entitled to all the MLA’s and MP’s are
to be determined in following way-
1. Value of 1 vote of an MLA= Total population of the state 1
Total no. of elected MP’s of that state 1000
2. Value of 1 vote of an MP= Total value of votes of all the MLA’s
Total no. of elected MP’s
➢ Election of president is done by system of PROPORTIONAL
REPRESENTATION and by the means of SINGLE TRANSFERABLE VOTE
SYSTEM.
➢ Proportional representation system-
→In this system the states represented in the electoral college of the
president in accordance with the population as per 1971 CENSUS.
➢ Single transferable vote system-

→In this system, elector has right to indicate more than one
preference to candidates.

→The elector can give as many as preferences as there are

candidates in context.

→In the first phase the 1st preference vote will be counted.

→The candidate secure the quota of more than 50% he will be

declared as President otherwise the transfer of votes is set in motion.

→The candidate with the least no. of 1 st preference vote will be

eliminated.

→And the 2nd preference vote will be transferred to the 1 st

preference vote of other candidates.

→This process will continue till a candidate secure the required

quota.
❑ ARTICLE 56➔TERMS OF OFFICE OF PRESIDENT-
1. The president will hold the office for the tenure of 5
years from the day on which he enters upon the
office.
2. However, he can resign from the office at any time by
addressing his resignation letter to the Vice
President.
3. He can also be removed from the office before the
completion of his term by the process of
impeachment mentioned in ARTICLE 61 for the
violation of the constitution.

❑ ARTICLE 57➔ ELIGIBILITY FOR THE RE-ELECTION–

➢ A person is eligible for the re-election as a president
for the n no. of times.

❑ ARTICLE 58➔ QUALIFICATION FOR ELECTION OF PRESIDENT

1. He should be a CITIZEN OF INDIA.
2. He should have completed 35 years of age.
3. He must be qualified for election of LOK SABHA.
4. He should not hold any office of profit.
→Other than this he should have a support of 50
elector as PROPOSERS then 50 electors as
SECONDERS.
❑ ARTICLE 59➔ CONDITIONS OF THE OFFICE OF PRESIDENT
1. He should not be a member of either house of
parliament or legislature if any such person is
elected as President then he is deemed to have
vacated his seat in that house.
2. He should not hold any office of profit.
3. He is entitled without payment of rent to use his
official residence (Rashtrapati Bhawan).
4. He is entitled to such allowances, emoluments , and
privileges as may be determined by the parliament.
5. His allowance and emoluments cannot be diminished
during his tenure. The salary of president is 5 lakh
rupees per month and his pension is 50% of the last
salary paid to him.
6. The president is entitled as no. of privileges and
immunities.
7. He enjoy personal immunity from legal liability for
his office act.
8. During his term of office he is immune from any
criminal proceedings even in respect of his personal
act , i.e., he cannot be arrested or imprisoned nor the
trial can run.
However, after giving the 2 months
advance notice civil proceedings can run(trial).
❑ ARTICLE 60➔OATH AND AFFIRMATION—
→The oath of the office of president is administered
by the CJI {Chief Justice of India}.
→And on his absence the senior most judge of
Supreme court will take this responsibility.
❑ ARTICLE 61➔ IMPEACHMENT OF THE PRESIDENT
→The president can be removed from the office for the
violation of the constitution.
→The constitution does not define the violation of the constitution.
→ charges for the impeachment of the president can be initiated in
either house of the parliament.
→But these charges must be signed by the 1/4th members of total
membership of that house and 14 DAYS advance notice must be given
to the president.
→After the impeachment charges passed by the majority of 2/3rd of
total membership of that house then it is send to the other house
where the second house will investigate these charges.
→If the other houses also sustain the charges and pass them with the
majority of the 2/3rd of total members of the membership of that house
then the president will stand removed from the day on which
resolution is passed.
➢ In
the process of impeachment the second house work as the
QUASI-JUDICIAL body.

➢ Inthe impeachment process nominated MP’s also participate

although they didn’t participate in the election of the president.
Neither elected nor nominated MLA’s will participate in the
impeachment of president.

➢ No president has so far impeached yet.

❑ ARTICLE 62➔VACANCY IN THE OFFICE OF PRESIDENT

→Vacancy in the office of president can be occurred

due to the following reasons:-
1. Expiration of tenure
2. Death
3. Resignation
4. Impeachment
5. Other reasons {e.g. Farzi election}
→when the vacancy is going to happen due to the
expiration of tenure then the election to fill the vacancy
must be held before the expiration of term.
→If due to any reasons the election for the new president
got delayed then the sitting President will extend his term
until the new president join the office.
❑ If
the vacancy is happened due to any other reason than expiration
than the vice president will act as president but the election to fill
the vacancy must be held as soon as possible within 6 months.

❑ If
the vice president is not available then CJI will act as President if
he is also not available then senior most judge of supreme court will
act as president.

❑ PRESIDENT

Vice president

CJI

SENIOR MOST JUDGE OF SUPREME COURT

❑ ARTICLE 72➔ PARDONING POWER OF THE PRESIDENT—

→Article 72 of the Indian constitution empowers the

president to grant pardon to person who have been convicted of any
offence in all the cases where the-
1. When the punishment is for an offence against the union law.

2. When the punishment is by martial court.

3. When the punishment is of death.

→The pardoning power of the President includes the following-

1. PARDON:- It completely removes all the charges of a person and

set him/her free.

2. COMMUTATION:- It means changing the nature of the punishment

from a tough one to lighter one e.g. changing death sentence into
life imprisonment.

3. REMISSION:- It means changing the duration of the punishment

without changing its nature e.g. life imprisonment in 4-5 years
imprisonment.

4. RESPITE:- It means awarding a lesser punishment in place of

originally awarded due to some special fact like physical
disability, pregnancy, etc.

5. REPRIVE:- It implies stay on the execution of the punishment

{especially in case of death} for a temporary period . It purpose is
to enable the convict to seek pardon or commutation from the
president.
→Under article 161 the governor of state also enjoy all these
pardoning power but the pardoning power the governor is differ from
that of the president in following two reasons-
1. The president can grant pardon to sentence inflicted by martial
court while the governor cannot.
2. The president can pardon death sentence but the governor can not
even if a state law inscribes the death sentence the power to grant
pardon lies with president only and not the governor.
→The petitioner have no right to an oral hearing by the president.
→These power to be exercised by the president on the advice of the
council of ministers.
→The exercise of the power of the president is not subject to judicial
review except where the presidential decision is arbitrary,
irrational, malified.
❑ ARTICLE 111➔ VETO POWER OF THE PRESIDENT—
→When a bill is passed by the parliament sent to the
president. The president have four options-
1. He may give his assent to the bill.
2. He may withhold {reject} his assent when he withhold his assent
this is called ABSOLUTE VETO.
3. He may return the bill {not in case of money bill} for reconsideration for
parliament however if the bill is passed again by the parliament with or without
amendment and again presented to the president then president must give his
assent to the bill. This one time suspension is known as SUSPENSIVE VETO.

4. When the president doesn’t take any decision on bill but simply keeps the bill
for indefinite period then this is known as POCKET VETO.

❑ ARTICLE 123➔ ORDINANCE

→ Article 123 of the constitution empowers the president to

promulgate ordinance during the recess of the parliament.

→These ordinance have the same force and effect as an act of the parliament but
these are the temporary laws in nature.

→He can promulgate an ordinance only when the parliament is not in session.

→The judicial review of an ordinance can be done.

→Every ordinance made by the president during the recess of the parliament
must be laid before the both the houses of the parliament when it reassembles.

→Ifparliament takes no action at all the ordinance seize to operate on the expiry
of the 6 weeks from the reassembly of the parliament.

→The max. life on an ordinance can be 6 months and 6 weeks.

 POWERS AND FUNCTIONS
❑ EXECUTIVE POWER OF PRESIDENT➔ Also known as Administrative power.

→All the executive actions of the govt. of India are formerly taken on the name of the
President.
→He appoints the Prime minister and on his advice other ministers. They hold the office
during his pleasure.
→He appoints Attorney general of India {mahanyayvadi} and also determine his
remuneration. He hold office till the pleasure of the president.
→He appoints C.A.G , Chief election commissnor and other election commissnor ,
chairman and other members of UPSC , Governor of state , chairman and other
members of finance commission, judges of supreme court and high court and so on.
→He can seek any information relating to administration of the affairs of the union and
proposals for legislation from the Prime minister. {ARTICLE 78}
→He can declare any area as scheduled area and has power with respect to
administration of that area.
→He directly administer the union territory through the administrator appointed by
him. Name of the administrator of the union territory.
❑ LEGISLATIVE POWER OF THE PRESIDENT➔
→An bill passed by the parliament can only become an act only after the approval of the
president.
→He summon or prorogue the parliament and dissolve the Lok Sabha. He also summon the joint
seating of both houses of parliament.
→He also address the parliament at the commencement of the first session after each and every
election and the first session of each year.
→He can send message to the houses of the parliament to take actions on the bills pending on the
houses.
→He can appoint any member of Lok Sabha to preside over his proceedings when both speaker
and deputy speaker are absent. same also Rajya Sabha.
→He nominate 12 members to the Rajya Sabha to a person having special knowledge in the field
of Art, Literature, science and social science.
→He can issue and ordinance when parliament is not in session.
→When a bill passed by a state legislature is reserved by the governor for the consideration of the
president then the president can approve it, reject it, or return the bill for reconsideration and if
the legislature send it back to the president then it is not obligatory for the president to give his
assent.
→He also enjoys the VETO power.
→Certain types of bills require the prior permission of the president to be introduced in the
parliament.
→He can make rules for the peace, progress, and good government of the A&N island ,
Lakshadweep, Dadar & Nagar haveli and Daman & Diu, and for Ladakh.
❑ FINANCIAL POWERS OF THE PRESIDENT➔

→He cause to be laid before the parliament the annual statement

{budget}.

→Money bill can only be introduced in the parliament with the prior
recommendation of the president.

→No demand for grant can be made except on his recommendation.

→He can make advances out of the contanginous fund of India to

meet any unforeseen situation.

→He constitute a finance commission after every 5 years to

recommend the distribution the revenues b/w the centre and the
state.

❑ JUDICIAL POWER OF THE PRESIDENT➔

→He appoints chief justice and judges of supreme court and high
court.

→He can seek advice from the supreme court on any advice of the law
and fact. The advice will be non-binding.

→The pardoning power of the president is also a judicial power .

❑ MILITARY POWER OF THE PRESIDENT➔

→ He is the supreme commander of the defence forces of the india