Introduction

“The President is not merely a head of state, but the constitutional conscience-keeper of the nation.” — Inspired by Dr. B.R. Ambedkar’s vision

The President of India serves as the head of the Indian State, its first citizen, and represents the unity of the nation. India has a parliamentary democracy, which means the real executive power is held by a Council of Ministers and the Prime Minister. That said, the President has important constitutional, ceremonial, and supervisory duties.

This blog post discusses everything you need to know about the President, including qualifications, elections, impeachment, powers, veto, and pardoning powers, in a simple and straightforward manner.

The Union Executive

A. The Components of the Union Executive

• President
• Vice-President
• Prime Minister
• Councils of Ministers
• Attorney General of India

B. The Position of the President

• Constitutional head of the Union
• Executes functions under the aid and advice of the Council of Ministers
• Is a symbol of the unity and integrity of India

Qualifications to be the President

• Must be a citizen of India
• Must be 35 years of age or older
• Must be qualified to be a member of the Lok Sabha
• Must not be holding any office of profit

Exceptions/Additional Rules

• An office held under the Constitution, such as President, VP, Governor, or minister is not considered an office of profit.
• Members can contest, but must vacate their seat if elected.
• A President is eligible for re-election.

Election of President

Who Has a Vote in electing the President? (The electoral college).

Eligible to Vote

• Elected MLAs of Union Territories with legislatures (Delhi & Puducherry)
• Elected Members of Parliament (Lok Sabha + Rajya Sabha)
• Elected Members of Legislative Assemblies (MLAs) of all States

Excluded from voting in the election

• Nominated MP
• Nominated MLAs
• Members of Legislative Councils (MLCs) in bicameral states
• Nominated members of Legislative Councils
• Any member not directly elected by the people

Why an Electoral College?

In the course of the debates on the Constitution Assembly, the members of the Assembly discussed whether the selection of the President should be by:

Elected directly by the people, or Elected indirectly by some other body.

At the end of these long debates, the Assembly in the end decided not to have a directly elected President and decided to have a method of selection by means of the Electoral College. Some of the main points in these debates were the following:

1. To preserve the Federal Balance.

The members of the Assembly such as Dr. B.R. Ambedkar and Alladi Krishnaswamy Aiyar stressed the importance of a Federal balance; that is that the President should represent:

• The Union, and
• The States equally.

Therefore, the method of selection included both Members of Parliament and State MLAs, which, as a result, gave the office a federal character as opposed to a national character.

2. To Prevent the Country’s Presidency from Becoming Politicised.

A felony directly elected Presidency would make the President just a political candidate, in the same way as a candidate represents their party to be elected by the masses.

The Assembly wanted the President to be:

• Above the parties politics,
• Neutral,
• As the Commander and Chief of the Constitution.

3. To Keep the Office and the President Non-Executive but Legitimate.

The Indian President does not have a real executive function as function in contrast to the President of the US.

Thus, they did not see why there needed to be a massive public election process to select the person into the President of the executive arm of government; they considered this to be excessive.

4. Why exclude nominated person & MLCs ?

The members the Assembly were very concerned with how democratic legitimacy was defined in the Constitution, and only those persons who are legitimately within the Constitution towards being selected by the people shall be included.

Thus, all those persons who were basically nominated by the government (the nominated person ) and MLCs who are not totally indirectly elected were to be excluded from the function of selecting the President.

Note: To understand how Parliament also reflects India’s moral and social vision, you can read our detailed article on the Gandhian and Socialist Principles of DPSPs at https://infotrigg.com/gandhian-socialist-principles-of-dpsps/

Impeachment of the President

The President of India can only be impeached on one ground: “Violation of the Constitution.” This wording is intentionally vague to provide flexibility for Parliament, while also ensuring that the office of the President is safe against a frivolous political attack. It is also worth noting that the Constitution does not define what a “violation of the Constitution” means, and that it is left to Parliament’s judgment and constitutional conventions, as well as judicial powers of interpretation.

A. Basis for Removal

The basis for removal is: “Violation of the Constitution”

The President of India can only be impeached with one basis for removal:

” Violation of the Constitution”

This basis for removal is intentionally vague to allow for flexibility for Parliament, while also providing protections for the office of President against frivolous political attacks.

Most importantly, the Constitution does not define what “violation of the Constitution means” and it is left to Parliament’s judgment and legal conventions, as well as the courts to interpret.

Who participates in the Impeachment Process?

Impeachment process is Parliament-centric.

Who can participate and vote?

All Members of Parliament (Lok Sabha + Rajya Sabha) including:
Elected MPs
Nominated MPs

Even though MLA’s play a significant role in electing the President, they have no role in the impeachment.

How is the President elected- Methods & Math

A. Method of Voting

Proportional representation system,
Single transferable vote (STV)
Secret ballot

B. Value of Votes

MLA Vote Value = (State Population as per 1971 Census ÷ Total Elected MLAs) ÷ 1000

MP Vote Value = (Total MLA Vote Value ÷ Total Elected MPs)

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C. Winning the Election

Electoral Quota:
(Total Valid Votes ÷ 2) + 1

D. What Happens During the Counting

Count of 1st preference
If no candidate reaches quota – eliminate lowest candidate

Transfer next preference votes

Continue until a candidate crosses the quota

E. Disputes

Election challenges can only be made in the Supreme Court.

To understand how constitutional checks operate on parliamentary authorities, you can refer to the comparison on the Writ Jurisdiction of the Supreme Court and High Courts at https://infotrigg.com/writ-jurisdiction-of-sc-hc-in-indian-constitution-comparative-analysis/

President’s Powers

A. Executive

• Appoints the PM, Ministers, Governors, Comptroller and Auditor General (CAG), Union Public Service Commission (UPSC) members, Chief Justice of India (CJI), and other judges.
• Oversees administration through rules.

B. Legislative

• Summons, prorogues, and dissolves the Lok Sabha.
• Makes an address to Parliament at the beginning of each year.
• Signs Bills into law.
• Can issue ordinances.

C. Financial

• A money bill cannot be introduced without the President’s recommendation.
• Causes the budget to be laid before Parliament.

D. Judicial

• Appoints judges.
• Can grant pardons, reprieves, respites, remissions, and commutations.

E. Military and Diplomatic

• The President is the supreme commander of the Armed Forces.
• Signs international treaties the country enters into.
• Receives foreign dignitaries.

Veto Powers of the President

A. Types of Veto

Absolute veto—reject the Bill.
Suspensive veto—returns the Bill to Parliament.
Pocket veto—takes no action and puts the Bill on hold.
Veto over State Bills—the President may reserve a state bill for consideration.

B. When the Veto Applies

Regular Bills.
State Bills.
Money Bills (cannot veto; only can be sent back with a recommendation).

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Pardoning Powers

A.Types of pardoning

• Pardon – full absolution of the original sentence.
• Commutation – a lesser punishment comes into effect.
• Remission – has reduced duration.
• Respite – the punishment is reduced for special reason.
• Reprieve – the punishment is temporarily stayed.

B. Where the President May Exercise this Power

Where President Can Use This Power

• Offences under Union law
• Death sentences
• Court martial cases

Comparison: India’s President vs US President vs UK Crown

Perspectives of the philosophers on Republic

The term republic simply refers to:

“A government in which the people or their representatives hold the power of governance, as opposed to a king.”

Below is an overview over the ages with some significant thinkers.

Ancient Views on Republic

1. Plato (Greece)

• In his work The Republic, he indicated a preferable government by philosopher kings. Not a republic as we think of it today, but he stressed just governance.
• He said, “The heaviest penalty for declining to rule is to be ruled by someone inferior.”

2. Aristotle

• Classified the different governments, and praised polity (to be a mixed system).
• He saw a republic as a combination of democracy + aristocracy.
• He said, “Man is by nature a political animal.”

3. Cicero (Rome)

• Popularized the term res publica = public affair.
• Stressed rule of law, civic virtue.
• He said “A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.”

Medieval Views on Republic

Islamic & Middle-Eastern Thinkers

• Al-Farabi: advocated for a virtuous city led by reason.
• Ibn Khaldun: was more focused on justice, taxes, and cohesion (asabiyyah). 2. European Medieval Thinking
• Dominated by monarchy and church, republican ideas only existed in small city-states (Florence, Venice).

Western thinkers views on Republic

1. Niccolò Machiavelli

In Discourses on Livy, Machiavelli favoured a republican institution as a stable form of government.

“The people are more prudent and more stable than princes.”

2. John Locke

He afforded a favorable view of republicanism by asserting consent of the government and the notion of natural rights.

“Wherever law ends, tyranny begins.”

3. Montesquieu

Advocated for a separation of powers essential to republicanism secured liberty.

4. Rousseau

He believed liberty resides in general will as the single purpose of the government. Popular sovereignty was paramount.

5. Thomas Jefferson (of the USA)

He connected republic with liberty, elected leadership and the rights of citizens.

Indian Philosophical Views of Republic (Ancient to Modern)

1. Buddha & Buddhist Gana

Several of the ancient Indian states (including the Lichchhavis) were republican systems. They made decisions through sabhas and committees.

2. Kautilya (Chanakya)

In Arthashastra, he recognized both monarchy and republican states (ganas). He articulated for a state of law and the welfare of the subjects of the state.

“In the happiness of his people lies the king’s happiness.”

3. Mahatma Gandhi

Gandhi proposed Gram Swaraj (village republics) that supported the notion of power from below.

“The soul of India lives in its villages.”

4. Dr. B.R. Ambedkar

• Framed India as a democratic republic.
• Supported social equality, constitutional morality, and representation.

“Constitutional morality is not a natural sentiment. It has to be cultivated.”

5. Jawaharlal Nehru

• Advocated a republic based on secularism, democracy, and scientific temper.

Conclusion

The President of India may appear to have limited powers due to the parliamentary system, but the office plays a crucial constitutional and supervisory role. From appointing top officials to possessing veto and pardoning powers, the President ensures that governance follows the Constitution and functions smoothly.

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FAQs on the President of India

1. Who elects the President of India?

The President is elected by an Electoral College consisting of elected MPs and elected MLAs of states, Delhi, and Puducherry.

2. Can a President be removed?

Yes. The President can be impeached by Parliament for violation of the Constitution.

3. Does the President have real power?

Most powers are exercised on the aid and advice of the Council of Ministers, but the President has key constitutional and supervisory powers.

4. What is the President’s veto power?

The President can use absolute, suspensive, and pocket veto on bills. Money bills cannot be vetoed.

5. What are the President’s pardoning powers?

Under Article 72, the President can pardon, commute, remit, reprieve, or respite punishments, including death sentences.