The President of India is the head of state and the first citizen of India, symbolising the unity and integrity of the nation. Enshrined under Article 52 of the Constitution, the President occupies a pivotal position in Indian polity as the constitutional head of the Republic.
Constitutional Position of the President
- Head of State: Represents the nation at official and ceremonial functions.
- Supreme Commander of Armed Forces: Article 53 vests the President with the executive powers of the Union, including command over the armed forces.
- Appointing Authority: The President appoints the Prime Minister, Union Council of Ministers, Governors, and Judges of the Supreme Court and High Courts.
- Ceremonial Role: Although the President is the nominal head, real executive power lies with the Prime Minister and the Cabinet, making the President largely a figurehead.
- Guardian of Constitution: Ensures that all actions of the government are in conformity with the Constitution.
Election of the President
The President is elected by an electoral college consisting of:
- Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha).
- Elected members of the Legislative Assemblies of States and Union Territories (Delhi & Puducherry).
Key Points:
- Nominated members of Parliament or State Assemblies are not eligible to vote.
- The election follows a proportional representation system by single transferable vote.
- Candidates must be:
- Indian citizens
- At least 35 years old
- Eligible to be a member of Lok Sabha
- Supported by 50 proposers and 50 seconders from the electoral college.
Election Process:
- The Election Commission announces the election and invites nominations.
- Valid nominations are scrutinized and published.
- Members cast votes via single transferable vote.
- The candidate with a majority is declared President-elect.
- The oath of office is administered before assuming duties.
Constitutional Provisions Relating to the President
Article | Provision |
52 | There shall be a President of India |
53 | Executive power of the Union vested in the President |
54 | Method of election via electoral college |
55 | Detailed procedure of election |
56 | Term of office: five years |
57 | Eligibility for re-election |
58 | Qualifications to contest |
59 | Conditions of office |
60 | Oath of office |
61 | Impeachment procedure |
62 | Term and vacancy provisions |
Qualifications to be President
- Must be a citizen of India.
- Must be at least 35 years old.
- Must satisfy eligibility criteria for Lok Sabha membership.
- Must not hold any office of profit under Union/State/local authority (except certain exceptions for sitting office holders).
Oath for the Office of President
Before assuming office, the President swears to:
- Faithfully execute the office.
- Preserve, protect, and defend the Constitution and the law.
- Devote themselves to the service and well-being of the people of India.
Conditions of Office
- Cannot be a member of Parliament or State Legislature during tenure.
- Cannot hold any other office of profit.
- Entitled to official residence (Rashtrapati Bhavan) without rent.
- Emoluments and allowances are determined by Parliament and cannot be reduced during tenure.
Term and Vacancy
- Term: 5 years, renewable.
- Vacancy occurs due to:
- Expiry of term
- Resignation
- Impeachment
- Death
- Disqualification or invalidation of election
- The President can remain in office until a successor assumes office.
Impeachment of the President
Grounds: “Violation of the Constitution” (not specifically defined).
Procedure:
- Initiation by either House of Parliament with 1/4th members signing the motion.
- 14-day notice is given to the President.
- President can appear and be represented.
- Resolution must be passed by a two-thirds majority of both Houses.
- Impeachment is a semi-judicial process, and nominated members cannot vote.
- No President has ever been impeached in India.
Powers of the President
- Executive Powers: Appoints PM, Council of Ministers, Governors, and Judges; signs treaties; commands armed forces.
- Legislative Powers: Summons/dissolves Parliament, gives assent to bills, can promulgate ordinances (Article 123).
- Judicial Powers: Pardons under Article 72, especially in death penalty cases.
- Emergency Powers: Can declare National, State, and Financial emergencies (Articles 352, 356, 360).
- Diplomatic Powers: Represents India internationally; receives ambassadors; ratifies international treaties.
Role in Indian Democracy
- Symbol of unity and integrity.
- Acts as guardian of Constitution.
- Ensures smooth functioning of parliamentary system.
- Plays a neutral role in political disputes, e.g., appointment of PM in hung assemblies.
Prelims Practice Questions
Q1. Which Article of the Indian Constitution provides for the office of the President of India?
Answer: b
Article 52 states that there shall be a President of India.
Q2. Who among the following is not eligible to vote in the Presidential election?
Answer: c
Only elected members of Parliament and State Legislative Assemblies form the Electoral College.
Q3. The President of India is elected for a term of:
Answer: b
Article 56 provides a 5-year term from the date of entering office.
Q4. Which of the following statements is/are correct regarding the powers of the President?
Answer: d
(1) Executive powers; (2) Ordinance power under Article 123; (3) Mercy power under Article 72.
Q5. The President of India can be removed from office by:
Answer: b
Removal is only by impeachment for violation of the Constitution.
Q6. The system of proportional representation by single transferable vote is used in the election of:
Answer: a
Used for the President’s election; note it is also used for the Vice-President and Rajya Sabha elections.
Q7. Which Article of the Constitution empowers the President to grant pardon, reprieve, respites, or remission of punishment?
Answer: b
Article 72 deals with the President’s mercy powers.
Q8. If the office of the President falls vacant, the Vice-President acts as President under which Article?
Answer: c
Article 65: the Vice-President acts as President during vacancy/absence.
Mains Practice Questions
Q1. Explain the role of the President of India as the constitutional head of the state. Highlight the difference between the President’s ceremonial and real executive powers.
Q2. Critically analyse the process of election of the President of India. How does the system of proportional representation ensure fairness in elections?
Q3. “The President of India acts as a guardian of the Constitution and a symbol of national unity.” Discuss with reference to his powers and responsibilities.
Q4. Examine the powers of the President in times of emergency. How do these powers safeguard the sovereignty of the nation and the federal structure?
Q5. Analyse the impeachment procedure of the President of India. Why has no President been impeached so far? Discuss the implications of this process for Indian democracy.
Q6. Distinguish between the executive powers of the President and the Prime Minister. How does the Constitution ensure a balance of power in the parliamentary system?
Q7. Evaluate the role of the President in ensuring smooth functioning of parliamentary democracy in India. Include examples of President’s discretionary powers during hung assemblies or constitutional crises.
Q8. Discuss the relationship between the President and the Judiciary. How does the President exercise judicial powers and why are these powers significant for upholding justice?
The President of India on Election, Powers & Role – UPSC FAQ Guide
Who elects the President of India?
Elected MPs and State/UT (Delhi & Puducherry) MLAs via STV/PR; nominated members don’t vote.
What are the qualifications to become President?
Indian citizen, 35+ years, Lok Sabha–eligible, and no office of profit.
What is the President’s term of office?
Five years, re-election allowed, continues till successor assumes office.
What are the key powers of the President?
Executive (appointments), Legislative (assent/Ordinance—Art. 123), Judicial—Art. 72 (pardon), Emergency—Arts. 352/356/360.
How can the President be removed?
By impeachment for “violation of the Constitution” with two-thirds special majority in both Houses.
