PRESIDENT OF INDIA

CONSTITUTIONAL PROVISIONS

Articles: 52-78 (Part V - Union Executive)

Key Articles

• Art 52: President of India

• Art 53: Executive power of Union
• Art 54: Election of President
• Art 55: Manner of election
• Art 56: Term of office (5 years)
• Art 57: Eligibility for re-election
• Art 58: Qualifications
• Art 59: Conditions of office
• Art 60: Oath or affirmation
• Art 61: Impeachment procedure
• Art 62: Time of holding election

ELECTORAL COLLEGE & ELECTION PROCESS

Electoral College Composition (Article 54)

Members:

• Elected members of Lok Sabha

• Elected members of Rajya Sabha
• Elected members of State Legislative Assemblies
• Elected members of Legislative Assemblies of Delhi & Puducherry

EXCLUSIONS:

• Nominated members of Parliament

• Nominated members of State Assemblies
• Members of Legislative Councils (both elected & nominated)

Election Method (Article 55)

• System: Proportional Representation by Single Transferable Vote

• Voting: Secret ballot
• Requirement: Absolute majority
• Ballot Papers: Pink for MLAs, Green for MPs

Vote Value Calculation

For MLAs: Value = (State Population as per 1971 Census / Total elected MLAs) * 1000

For MPs: Value = Total value of all MLA votes / Total elected MPs (776)

• Current MP vote value: 708 (reduced from 708 due to J&K issue)

Nomination Process

• Proposers: 50 elected members

• Seconders: 50 elected members
• Security Deposit: ₹15,000
 • Forfeiture: If candidate fails to secure 1/6th of votes polled

QUALIFICATIONS (Article 58)

Eligibility Criteria

1. Citizenship: Indian citizen

2. Age: Minimum 35 years
3. Lok Sabha Qualification: Must qualify for LS membership
4. Office of Profit: Must not hold any office of profit

Conditions of Office (Article 59)

• Cannot be member of Parliament or State Legislature

• Cannot hold any other office of profit
• Entitled to official residence (Rashtrapati Bhavan) without rent
• Salary & allowances determined by Parliament
• Cannot be diminished during term

OATH & TENURE

Oath (Article 60)

Administered by: Chief Justice of India (or senior-most SC judge in CJI's absence)

Oath Content:

• Faithfully execute the office

• Preserve, protect and defend Constitution
• Devote to service and well-being of people

Term & Vacancy

• Term: 5 years from date of assumption

• Re-election: Eligible
• Resignation: To Vice President
• Acting President:
o Interregnum (election delay): Previous president (until new president elected within 6 months)
o Other: VP > CJI > Senior-most SC Judge

POWERS & FUNCTIONS

1. EXECUTIVE POWERS (Article 53)

Appointments:

• Prime Minister & Council of Ministers

• Attorney General of India
• Comptroller & Auditor General
• Chief Election Commissioner & Election Commissioners
• Chairman & members of UPSC
• Governors of States
• Finance Commission members
• National Commissions (SC, ST, OBC, Minorities)

Administrative Powers:
 • All executive actions taken in President's name
• Can seek information from PM (Art 78)
• Appoints administrators of UTs

2. LEGISLATIVE POWERS

Parliamentary Functions:

• Summon/prorogue Parliament
• Dissolve Lok Sabha
• Address Parliament (Art 87)
• Nominate 12 members to Rajya Sabha
• Assent to bills or withhold assent

Ordinance Power (Article 123):

• Issue ordinances when Parliament not in session

• Not discretionary - on advice of Council of Ministers
• Can be retrospective
• Cannot amend Constitution
• Can withdraw anytime

3. JUDICIAL POWERS

Appointments:

• Supreme Court & High Court judges

• Chief Justice of India

Other Powers:

• Consult Supreme Court (Article 143)

• Pardoning power (Article 72)
o Independent of judiciary. Executive power. Prez does not sit as a court of appeal. Power is to be
exercised by the Prez on the advice of the union cabinet. Prez is not bound to give reasons for his
order. Exercise of the power is not subject to JR except where the Prez decision is arbitrary,
irrational, malafide or discriminatory.
o 6 types of clemency:
▪ Pardon - Complete absolution removing both conviction and sentence
▪ Commutation - Substituting severe punishment with lesser penalty
▪ Remission - Reducing sentence duration without changing nature
▪ Respite - Reducing punishment due to special circumstances (pregnancy, disability)
▪ Reprieve - Temporary delay in sentence execution
▪ Suspension - Temporary stay of sentence implementation

4. FINANCIAL POWERS

• Money bills need President's recommendation (Article 117)

• Annual budget laid before Parliament
• Contingency Fund of India
• Finance Commission appointment

5. EMERGENCY POWERS

National Emergency (Article 352)

Grounds: War, External Aggression, Armed Rebellion Duration: 6 months (renewable) Approval: Both houses by
special majority within 1 month Effects:

• Article 19 suspended (only during war/external aggression)

 • Parliament can make laws on state subjects
• President's rule possible

President's Rule (Article 356)

Ground: Failure of constitutional machinery in state Duration: 6 months initially, maximum 3 years Approval:
Both houses by simple majority within 2 months Effects:

• State Council of Ministers dismissed

• State Assembly suspended/dissolved
• Governor acts as President's agent

Financial Emergency (Article 360)

Ground: Threat to financial stability Approval: Both houses within 2 months Effects:

• Reduction of salaries of government servants

• Control over state expenditure

VETO POWERS

Types of Veto

1. Absolute Veto: Withhold assent completely

2. Suspensive Veto: Return bill for reconsideration
3. Pocket Veto: No action on bill

Important: No veto power over Constitutional Amendment Bills (24th CAA, 1971)

IMPEACHMENT PROCESS (Article 61)

Grounds

• Constitutional Ground: Violation of Constitution

• Note: Constitution doesn't define "violation of Constitution"

Procedure

1. Initiation: Either house of Parliament

2. Notice: 14 days advance notice
3. Signatures: 1/4th members of initiating house
4. Resolution: 2/3rd majority of total membership
5. Investigation: Other house investigates
6. Final Vote: 2/3rd majority in investigating house
7. Removal: Automatic on passing of resolution

Important: Nominated members participate in impeachment

CONSTITUTIONAL POSITION

Discretionary Powers

Situational Discretion:

• Appointment of PM when no clear majority

 • Dismissal of Council of Ministers
• Dissolution of Lok Sabha

Constitutional Discretion:

• None explicitly mentioned

• Acts on advice of Council of Ministers

IMPORTANT FACTS & PYQ POINTERS

Presidents of India (Key Facts)

1. Dr. Rajendra Prasad (1950-1962) - First & longest serving

2. Dr. S. Radhakrishnan (1962-1967)
3. Dr. Zakir Hussain (1967-1969) - First Muslim, died in office
4. V.V. Giri (1969-1974) - Acting then elected
5. Fakhruddin Ali Ahmed (1974-1977) - Died in office
6. Neelam Sanjiva Reddy (1977-1982) - Youngest, elected unopposed
7. Giani Zail Singh (1982-1987) - Used pocket veto
8. R. Venkataraman (1987-1992)
9. Dr. Shankar Dayal Sharma (1992-1997)
10. Dr. K.R. Narayanan (1997-2002) - First Dalit President
11. Dr. A.P.J. Abdul Kalam (2002-2007) - Missile Man
12. Pratibha Patil (2007-2012) - First woman President
13. Pranab Mukherjee (2012-2017) - Gave assent to 100th Amendment
14. Ram Nath Kovind (2017-2022) - Second Dalit President
15. Droupadi Murmu (2022-present) - First tribal woman President

Frequently Asked Questions

UPSC/MPSC Previous Year Questions Pattern:

1. Electoral College composition

2. Vote value calculations
3. Emergency powers and their effects
4. Impeachment process
5. Discretionary powers
6. Ordinance making power
7. Appointments by President
8. Constitutional provisions (Articles)

Key Constitutional Cases

• Cooper Case (1970): Ordinance making power justiciable

• Minerva Mills (1980): National emergency justiciable
• Bommai Case (1994): President's rule justiciable

Important Amendments

• 24th CAA (1971): Mandatory assent to constitutional amendments

• 42nd CAA (1976): Armed rebellion replaced internal disturbance
• 44th CAA (1978): Restrictions on emergency powers
QUICK REVISION POINTS

Numbers to Remember

• Age: 35 years minimum

• Term: 5 years
• Proposers/Seconders: 50 each
• Security Deposit: ₹15,000
• Impeachment Notice: 14 days
• Impeachment Signatures: 1/4th members
• Emergency Approval: 1 month (National), 2 months (President's Rule, Financial)

Key Features

• Head of State (not government)

• First Citizen of India
• Supreme Commander of Armed Forces
• Part of Parliament (but not member)
• Nominal Executive (real power with PM)
• Symbol of Unity and integrity

Constitutional Position

• Executive: Nominal head

• Legislature: Part of Parliament
• Judiciary: Appoints judges
• Emergency: Special powers
• Federalism: Appoints Governors

Note: This compilation is based on the provided OneNote content and supplemented with important examination-
oriented facts for MPSC Rajyaseva and UPSC Prelims preparation.