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President of India
Powers under Indian constitution
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1 2
Article 52- There shall be a Article 53- The Executive
president of India power of the union shall be
vested in the president.

President
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Mode of Election

Election of
the President
‘system of proportional
representation by means of the
single transferable vote by secret
ballot’
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Electoral College Consists of

01 02 03
Elected members of Elected members of the Nominated members of
both the houses of the legislative assemblies of either house of
Parliament the states(including parliament or state
National capital territory assemblies are not
of Delhi and Union eligible to be included in
Territory of Pondicherry) the Electoral college
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Principles of Election

There shall be uniformity of The vote of the states, in the

representation of different
states at the election and
parity shall be maintained
between the states as a
whole and the union-Art 55
aggregate ,in the electoral
college for the election of
the president ,shall be equal
to that of the people of the
country as a whole
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Value of the votes

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Term of Office-ART 56

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5 years from the date on which Eligible for Re-election
he enters upon the office
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A person should
Have completed the age of Be qualified for election as a
Be a citizen of India
35 years member of Lok Sabha

A person should not

Qualifications-
Art 58
Hold any office of Profit Under the Government of India

Be a member of either house of Parliament or a House of the

legislature of any state
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Resignation of President-Art 56

Resignation

The letter of resignation should be

addressed to Vice-president

The vice president should communicate

it to the speaker
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Impeachment of President-Art 56

The president can be impeached on the following

grounds

Violation of Express provision of the constitution

Violation of convention

Violation of usage, spirit of the constitution by the

president
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Procedure for Impeachment-Art 61

Charges can be brought in any house of the parliament

14 days written notice must be given

Notice should be signed by not less than 1/4th of the

total number of members of the house

Passed by a majority of not less than 2/3rd of the total

membership of the house.
m.blessan@gmail.com All executive powers are exercised by him directly or through
subordinate officers

He is ex offico supreme commander of defence Forces.

He makes all Important appointments like Governors, Lt.

Powers of the Governors, chief justice etc

president- He makes rules for the convenient transaction of business of

the government and allocates among ministers such business
Executive He must be informed of all decisions of council of ministers
Powers
He governs the union territories through administrators or
Lieutenant governors

He has powers to remove his ministers individually, the

governor of a state etc
m.blessan@gmail.com President has the power to summon, prorogue
and address the parliament at the
commencement of the first session after each
general election and the first session of each
year.
He dissolves the Lok Sabha
Legislative
Powers
He can summon Joint sitting of both the houses
of parliament in case of dedlock between
them(presided over by the speaker of Loksabha)
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Can send messages to either house of

parliament with regard to any bill.

Lying reports before the parliament

Legislative ,Ex- Annual Financial Statement
Powers
He can appoint any member of the Lok
Sabha to preside over the proceedings
when both speaker and deputy
speaker’s office fall vacant.
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Creation or reorganization of states

Money Bill
Bills which
require
A bill involving Expenditure from the
Previous consolidated fund of India
Sanction of Bill affecting taxation in which states
President are interested
Bill Imposing restrictions on freedom
of Tax and commerce
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Veto Power of the President

give assent

Bill
Withhold assent

Return the Bill For

Reconsideration
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When Bill is returned for Reconsideration by

President

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Bill Returned to House Passes the President Must give
Parliament For Bill with or without his assent
Reconsideration amendments
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Money Bill cannot be returned for

reconsideration

Pocket Veto The constitution does not prescribe

any time limit within which the
president should return the bill
,hence the president can keep the bill
pending Indefinitely – this is called
pocket veto
 When parliament is not in session ,he
may promulgate ordinances

He nominates 12 members to Rajya Sabha

Legislative from persons having special knowledge or
practical experience in respect of arts,
powers science, literature or social services.

He nominates 2 Anglo Indian members to

Lok Sabha ,if ,in his opinion ,that
community is not adequately
represented.
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Financial powers
• Money Bill Cannot be introduced in parliament without president’s
previous sanction
• He can make advances out of the contingency fund of India to meet
the unforeseen expenditure, pending approval of parliament.
• He has the power to determine the states’ share of proceeds of
income tax and the amount of yearly grants-in-aid to certain states.
Demand for grant cannot be made without his recommendation.
• He appoints finance commission after every five years to
recommend the distribution of taxes between the centre and the
states
• He causes to be laid before the parliament the annual financial
statement at the beginning of the financial year.
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Judicial and Diplomatic Powers

• pardon offenders
• Remit
The president is
empowered to • Reprieve
• Suspend
• Commute their sentences

He appoints ambassadors
and receives the
credentials of foreign
diplomatic representatives.
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When the security of the

country is threatened ,he can
proclaim national emergency.
He also promulgates the
Emergency president’s rule in states.
Powers
He can also promulgate
financial emergency.
 • All executive functions are
Relation Between executed in the name of President,
President and authenticated in such manner as
Council of may be prescribed by rules to be
made by president(Article 77)
Ministers
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Article 74

74(1)
• There shall be a council of ministers with Prime Minister at
the head, to aid and advise president in Exercise of his
Functions.
74(2)
• The advise tendered by minister to the president shall not
be inquired into in any court.
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42nd and 44 th Amendment-Article 74

42nd amendment-Made that the president "shall

be bound” by the advice of council of ministers.

44th amendment- gave president one chance to

send back the advice to the council for
reconsideration.
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Article 75

75(1)
• Prime minister shall be appointed by the president
• Other ministers shall be appointed by president on the
advice of prime minister

75(2) • Ministers shall hold office during the pleasure of

president.

75(3) • Council of ministers shall be collectively responsible to

the lok sabha
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Article 75 and 91st Amendment

91st • Size of the council of ministers including prime minister shall not

Amendment
exceed 15%

75(4) • President shall administer oath of office and secrecy

• According to the forms set out for the purpose in the third schedule

• Salaries and allowances of ministers shall be determined by the

75(6) parliament
• For this purpose, the salaries and allowances of ministers act,1952
was passed.
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He is the head of council of ministers-

74(1)
Primes inter Pares(First Among
Equals)
Prime He aids and advises the President
Minister
Chairman of Planning Commission

Chairperson of Tiger Conservation

Authority
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Council of Ministers is collectively responsible to Lok Sabha

and not president.

President can be Impeached

President’s Parliament has authority over purse and not the president.

Discretion is In appointment of prime minister the president’s discretion

Limited is limited-(he is bound by parliamentary conventions)

His power to dismiss a minister or cabinet can only be

exercised with the aid and advice of the prime minister.

Prime minister shall communicate all decisions of council

of ministers to president-Art 78.
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Art 74(1) is mandatory and

therefore ,the president cannot
exercise the executive power
without the aid and advice of
Key case – U.N the council of ministers.
RAO v INDIRA
It is essential to have a council
GANDHI of ministers under Art 74(1)
even at a time when the House
of People has been Dissolved
or its term expired.
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A non member may be appointed as a minister but he

cannot hold the office for longer than 6 months,
without becoming member of a House of Parliament.

Can Non- Reappointing a Non Member as minister for every 6

member of months amounts to subverting the constitution-(S. R.
Chaudhari v State of Punjab)
Either House
be Appointed Article 75(5) permits the president to appoint a person
who is not a member of either house of a parliament
Minister/Prime as a Minister(S. P. Anand V H.D. DEVE GOWDA)

Minister? Disqualified member cannot be appointed Prime

minister/chief Minister - B.R . Kapoor v State of Tamil
Nadu
m.blessan@gmail.com There shall be a vice president of India – Art 63

He Is the second highest Ranking Government officer.

Elected on the basis of proportional Representation by

Vice means of Single Transferable vote and secret Ballot-Art 66(1)

President of Electoral college consists of all members of Lok Sabha and

India Rajya Sabha including the Nominated Members

No impeachment process for vice president.

Can be removed by a resolution of majority of all the then

members of Rajya Sabha.
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He is the Ex-officio Chairman of the Rajya

Sabha and Presides over its meetings-Art
64
He discharges the functions of the office
Powers and of the president in case the post falls
Functions of vacant.
the Vice When he is acting as president he has all
the powers of the president.
President
Vice president can act as president for a
maximum of 6 months.