3.1 President of India: Election, Powers and Functions

 


SIMPLY SMART

Introduction

The President of India is the Constitutional Head of the State and the first citizen of the country.
Under Articles 52 to 62, the President occupies a key position in India’s Parliamentary system.
Although the President is a nominal executive, all executive actions at the Union level are carried out in his/her name.

1. Election of the President

The President is not directly elected by the people.
Instead, the election is conducted through an Electoral College using the system of proportional representation by means of the single transferable vote.

1.1 Electoral College (Article 54)

The President is elected by:

  1. Elected members of Lok Sabha

  2. Elected members of Rajya Sabha

  3. Elected members of Legislative Assemblies of all States

  4. Elected members of Legislative Assemblies of Union Territories (Delhi and Puducherry)

Nominated members do NOT participate in the election.

1.2 Value of Votes

1. Value of an MLA’s Vote

The value is determined using the formula:

Value of MLA’s Vote =
Population of the state /
(1000 × Number of elected MLAs)

This ensures equal representation of states based on population.

2. Value of an MP’s Vote

Value of MP’s Vote =
Total value of votes of all MLAs of all states ÷
Total number of elected MPs

1.3 Qualifications (Article 58)

A person must:

  1. Be a citizen of India

  2. Be at least 35 years old

  3. Be qualified for election to the Lok Sabha

  4. Not hold any office of profit under government

1.4 Term, Oath and Removal

Term

  • 5 years (Article 56)

  • Can be re-elected any number of times

Oath

Administered by the Chief Justice of India (Article 60)

Removal

  • Can be impeached for violation of the Constitution

  • Impeachment requires a special majority in both Houses

2. Powers and Functions of the President

The President exercises powers on the advice of the Prime Minister and Council of Ministers (Article 74).

These powers are divided into six major categories:

2.1 Executive Powers

  1. Appoints the Prime Minister

  2. Appoints other ministers on PM’s advice

  3. Appoints high officials like:

    • Governors

    • Attorney General

    • Comptroller and Auditor General (CAG)

    • Chief Election Commissioner

    • UPSC Chairman

    • Chief of Army, Navy, Air Force

  4. Administers Union Territories

  5. All government actions are taken in the name of the President

Keyword: Executive Powers of President

2.2 Legislative Powers

  1. Summons and prorogues Parliament sessions

  2. Addresses Parliament at the start of every year

  3. Dissolves the Lok Sabha

  4. Nominates:

    • 12 members to Rajya Sabha

    • 2 members to Lok Sabha (Anglo-Indian category removed by 104th Amendment)

  5. Gives assent to bills

  6. Promulgates Ordinances when Parliament is not in session (Article 123)

Keyword: Legislative Powers of President

2.3 Financial Powers

  1. No money bill can be introduced without prior approval of the President

  2. Causes the Annual Budget to be laid before Parliament

  3. Makes advances out of the Contingency Fund of India

  4. Receives Finance Commission reports

Keyword: Financial Powers of President

2.4 Judicial Powers

  1. Appoints the Chief Justice and other judges of the Supreme Court & High Courts

  2. Can grant:

    • Pardon

    • Reprieve

    • Respite

    • Remission

    • Commutation
      for court sentences (Article 72)

  3. Can consult the Supreme Court on important questions (Article 143)

Keyword: Judicial Powers of President

2.5 Diplomatic and Military Powers

Diplomatic Powers

  1. Represents India in international affairs

  2. Appoints ambassadors

  3. Signs treaties and agreements (ratified by Parliament)

Military Powers

  1. Supreme Commander of the Defence Forces

  2. Appoints chiefs of Army, Navy, Air Force

  3. Declares war or peace (on advice of Cabinet)

2.6 Emergency Powers

President plays the most powerful role during emergencies:

  1. National Emergency (Article 352)

  2. President’s Rule (Article 356)

  3. Financial Emergency (Article 360)

During emergencies, the President’s authority expands significantly.

3. Nature of the President’s Position

Although the Constitution gives vast powers, the President functions as:

  • Nominal Executive Head

  • Acting under advice of Prime Minister and Council of Ministers

  • Real powers lie with the elected Cabinet

This is the essence of India’s parliamentary democracy.

Conclusion

The President of India is a vital constitutional authority who ensures the smooth functioning of the government.
Though the role is mostly ceremonial and guided by the Cabinet’s advice, the President exercises important powers in administration, legislation, finance, judiciary, and especially during national emergencies.
Thus, the President acts as the symbol of unity, continuity, and constitutional integrity of the nation.


FIRST PRESENT OF INDIA




For Full Chapter  --->  22IMC7Z2 CONSTITUTION OF INDIA Unit-wise



— End of Article | Aivette-COI (Constitution of India by Aivette)

Your simple, smart guide to understanding the Indian Constitution.




— Aivette-COI

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