The President: Election and Powers
NCERT Class 11 - Indian Constitution at Work, Chapter 4
The President: Election and Powers
The President is the head of state and the formal head of the executive, but not the real one. Under Article 74 he acts on the aid and advice of the Council of Ministers headed by the Prime Minister. All executive action of the Union is taken in his name.
Election and qualifications
- The President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the legislative assemblies of the states, and of Delhi and Puducherry after the 70th Amendment.
- Nominated members do not vote in the presidential election, and members of legislative councils do not vote either.
- The method is proportional representation by the single transferable vote, and voting is by secret ballot.
- The value of votes is weighted so that there is parity between the Union and the states, and uniformity among the states.
- Qualifications - a citizen of India, at least 35 years of age, qualified for election to the Lok Sabha, and not holding an office of profit.
- The term is five years, and there is no bar on re-election.
Impeachment
- The President can be removed only by impeachment under Article 61, and only on the ground of violation of the Constitution.
- The charge may be initiated in either House, by a resolution signed by at least one-fourth of the members, after fourteen days notice.
- It must be passed by a two-thirds majority of the total membership of that House, and then investigated and similarly passed by the other House.
- Nominated members can participate in impeachment, since it is a parliamentary process, but state legislators cannot, even though they vote in the election.
Powers of the President
| Category | Main powers |
|---|---|
| Executive | Appoints the Prime Minister, ministers, judges, Governors, CAG, Attorney General, Election Commissioners and UPSC members |
| Legislative | Summons and prorogues Parliament, dissolves the Lok Sabha, addresses it, nominates 12 members to the Rajya Sabha, gives assent to Bills |
| Ordinance | Under Article 123 may issue an ordinance when Parliament is not in session; it must be laid before Parliament and lapses six weeks after reassembly |
| Financial | Money Bills need his prior recommendation; he causes the Budget to be laid and appoints the Finance Commission |
| Judicial | Under Article 72 may grant pardon, reprieve, respite, remission or commutation of sentence |
| Emergency | National emergency under Article 352, President's rule under Article 356, financial emergency under Article 360 |
| Military and diplomatic | Supreme Commander of the armed forces; treaties and international agreements are made in his name |
- The 42nd Amendment made ministerial advice binding; the 44th Amendment allowed the President to return the advice once for reconsideration, after which he must accept it.
- On an ordinary Bill the President may assent, withhold assent, or return it once. Since no time limit is prescribed for action on a Bill, he can in practice delay indefinitely - a device known as the pocket veto.
हिंदी संकेत: राष्ट्रपति के निर्वाचन में मनोनीत सदस्य वोट नहीं देते, पर महाभियोग में भाग लेते हैं। इसके उलट विधायक निर्वाचन में वोट देते हैं पर महाभियोग में नहीं।
Exam me kaise aata hai
Factual questions ask who votes in the presidential election, the minimum age, and under which article pardons are granted. Statement-based questions test the difference between the electoral college and the impeachment process. Match-the-following links article number with power.
UPSC / State PSC ke liye
Frame the President's position precisely - he is a constitutional head who acts on advice, but he retains real discretion in a few situations, such as appointing a Prime Minister when no party has a majority, dismissing a government that has lost confidence, and the timing of assent. These are the situational discretionary powers examiners look for.
Yahan confuse hote hain
✗ Members of legislative councils vote in the presidential election | ✓ Only elected members of Parliament and of state assemblies vote
✗ The President can be impeached for maladministration | ✓ The only ground is violation of the Constitution
✗ The President must act on advice in every situation | ✓ He has discretion in a few situations, such as a hung Parliament
Ek nazar me
- Elected by an electoral college of elected MPs and elected MLAs, including Delhi and Puducherry.
- Method is proportional representation by single transferable vote with a secret ballot.
- Qualifications - citizen, 35 years, qualified for the Lok Sabha; term five years with re-election allowed.
- Impeachment under Article 61 only for violation of the Constitution, by two-thirds of total membership.
- Ordinance power under Article 123; pardon power under Article 72.
- Emergency powers under Articles 352, 356 and 360.
- The 44th Amendment lets him return ministerial advice once for reconsideration.