President of India (Articles 52-78): Election, Impeachment, Veto, Pardon, Ordinance and Discretion (UPSC Notes + PYQs)

UPSC has already asked about this. Read the story with these questions in mind.
- Prelims 2011The authorization for the withdrawal of funds from the Consolidated Fund of India must come fromSolve it below ↓
- Prelims 2012According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament which…Solve it below ↓
See all 5 PYQs
- Prelims 2014The power to increase the number of judges in the Supreme Court of India is vested inSolve it below ↓
- Prelims 2018If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, thenSolve it below ↓
- Prelims 2019With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the…Solve it below ↓
Background: why a parliamentary head of State
The Constituent Assembly debated whether India should copy the American presidency, where the President is both head of State and head of government. It chose the British model instead, with a President who is the formal head and a Prime Minister and Council of Ministers who hold real power and answer to the Lok Sabha. The reasons were practical: India already knew the parliamentary system from British practice, and daily accountability to the legislature was valued more than the stability of a fixed term. The President is therefore the first citizen and the symbol of the unity of the nation, in whose name all executive action is taken under Article 53, but who acts on ministerial advice under Article 74. The office still matters in moments of crisis, such as a hung Parliament, and as a constitutional conscience that can ask the government to think again.
A head who reigns but does not rule
India chose the British model: the President is the formal head, the Prime Minister and Cabinet govern. After the 42nd Amendment (1976) the advice of ministers became binding; the 44th Amendment (1978) let the President send advice back once for reconsideration. That single pause is a real power when used, as when President K.R. Narayanan returned the Cabinet’s recommendation for President’s Rule in Uttar Pradesh in 1997.
- 1Electoral college: elected MPs and MLAs (incl. Delhi, Puducherry)
- 2Vote value set by population (1971 Census)
- 3Single transferable vote, secret ballot
- 4Quota: half of valid votes plus one
- 5Oath by the Chief Justice of India
Election
- Electoral college: elected members of both Houses and of State Assemblies, including Delhi and Puducherry (added by the 70th Amendment, 1992). Nominated members and MLCs do not vote.
- Vote value: an MLA’s vote reflects the State’s 1971 population; an MP’s vote equals total MLA votes divided by elected MPs.
- Single transferable vote, secret ballot. Disputes go only to the Supreme Court (Art. 71).
- Term five years; eligible for re-election (Art. 57).
Impeachment (Art. 61)
The only ground is “violation of the Constitution”. A charge needs 14 days’ notice signed by a quarter of the House, and must pass by two-thirds of the total membership of the House. The other House investigates and must pass it by the same majority. Nominated members take part; MLAs do not. No President has been impeached.
- Return Bill once for reconsideration
- Parliament may re-pass it
- Then assent is compulsory
- Not available for Money Bills
- Keep the Bill pending indefinitely
- No time limit in Article 111
- Used by Zail Singh in 1986
- Rarely used
Key powers
| Power | Article | Note |
|---|---|---|
| Assent and veto | 111 | Absolute, suspensive (return once, not Money Bills) and pocket veto (no time limit) |
| Ordinance | 123 | Only when Parliament is not in session; lapses six weeks after reassembly |
| Pardon | 72 | Pardon, commute, remit, respite, reprieve; covers court-martial and death sentences |
| Emergency | 352, 356, 360 | On Cabinet advice, in writing for Art. 352 |
| Advisory reference | 143 | Seeks the Supreme Court’s opinion |
The famous pocket veto: President Zail Singh sat on the Indian Post Office (Amendment) Bill, 1986, and it never became law.
Where discretion exists
Inviting a Prime Minister when no party has a majority (1979, 1996, 1998), dismissing a ministry that has lost confidence but will not resign, and dissolving the Lok Sabha on a minority government’s advice. In 2025 the Court answered a Presidential reference under Art. 143 on assent to State Bills, holding that courts cannot fix rigid timelines for the President or Governors, while inaction cannot be indefinite.
Pardoning power: India and the USA
| Point | India (Article 72) | USA (Article II) |
|---|---|---|
| Who exercises | President on Cabinet advice | President personally |
| Offences covered | Union laws, court-martial, all death sentences | Federal offences only |
| Forms | Pardon, commutation, remission, respite, reprieve | Pardon, commutation, reprieve, remission of fines |
| Timing | Generally after conviction | Any time after the offence, even before charges |
| Bar | None stated, but judicial review on limited grounds | Cannot pardon in cases of impeachment |
A preemptive pardon is one granted before a person is charged or convicted, as when President Ford pardoned Richard Nixon in 1974. It is possible in the US but not part of Indian practice. In India, the Supreme Court in Maru Ram (1980) and Kehar Singh (1989) held that the power is exercised on Cabinet advice, and in Epuru Sudhakar (2006) that decisions can be reviewed if arbitrary, mala fide or based on irrelevant grounds. Unexplained delay in deciding mercy petitions can justify commuting a death sentence, as held in Shatrughan Chauhan (2014).
President vs Governor
| Point | President | Governor |
|---|---|---|
| Chosen by | Indirect election by an electoral college | Appointed by the President |
| Tenure | Five years; removal only by impeachment | Holds office during the President’s pleasure |
| Pardon | Includes death sentence and court-martial | State law offences; cannot pardon court-martial |
| Ordinance | Article 123 | Article 213 |
| Emergency | Can proclaim under Articles 352, 356, 360 | Only reports to the President |
President Of India: UPSC angle
For UPSC CSE
Prelims: electoral college, impeachment majority, veto types, Art. 72 vs 161, ordinance limits. Mains GS-II: President as a constitutional check, mercy petitions, delays in assent.
President Of India UPSC PYQs (Prelims)
Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.
The authorization for the withdrawal of funds from the Consolidated Fund of India must come from
Article 114: no money can be withdrawn from the Consolidated Fund of India except under an Appropriation Act passed by Parliament. The President only recommends money bills and gives assent. Answer as per the official UPSC key · Battle IAS PYQ bankAnswer (b) & why
According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament which of the following?
– 1. The Recommendations of the Union Finance Commission
– 2. The Report of the Public Accounts Committee
– 3. The Report of the Comptroller and Auditor General
– 4. The Report of the National Commission for Scheduled Castes
Select the correct answer using the codes given below :
The Constitution makes the President lay before Parliament the Finance Commission’s recommendations (Art. 281), the CAG’s reports (Art. 151) and the National Commission for SCs’ reports (Art. 338). The PAC is Parliament’s own committee and reports directly to the Lok Sabha. Answer as per the official UPSC key · Battle IAS PYQ bankAnswer (c) & why
The power to increase the number of judges in the Supreme Court of India is vested in
Article 124(1) fixed the Court’s strength and let Parliament change it by law. Under the Supreme Court (Number of Judges) Act, the sanctioned strength is now 34, including the Chief Justice (since 2019). Answer as per the official UPSC key · Battle IAS PYQ bankAnswer (b) & why
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
Article 356(1)(b) transfers the State legislature’s powers to Parliament. The Assembly may be dissolved or only suspended. In S.R. Bommai (1994) the Court said it should not be dissolved before Parliament approves the proclamation. Article 19 is suspended only in a national emergency under Article 358. Answer as per the official UPSC key · Battle IAS PYQ bankAnswer (b) & why
With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Article 142 lets the Supreme Court pass any order needed for “complete justice”. The stem says ordinary laws cannot limit that power. Of the options, only (b) is about the Supreme Court. The Court used this power in the Bhopal gas case and in Ayodhya (2019). Answer as per the official UPSC key · Battle IAS PYQ bankAnswer (b) & why
Mains PYQs on this topic
Questions from the official UPSC Mains papers (2023-2026 in the Battle IAS Mains bank), newest first. Each links to a model answer.
- UPSC Mains 2025 · GS Paper II · Q3 · 10 marks
Compare and contrast the President’s power to pardon in India and in the USA. Are there any limits to it in both the countries? What are ‘preemptive pardons’?
Quick quiz
Which of these do NOT vote in the Presidential election?
Only elected members vote.Answer (c)
The only ground for impeaching the President is
Article 61.Answer (c)
The President can return a Bill for reconsideration, but not a
Money Bills are introduced with prior recommendation.Answer (b)
FAQs
Is the President bound by the Cabinet’s advice?
Yes, under Article 74(1), but can return it once for reconsideration.
What is a pocket veto?
Keeping a Bill pending indefinitely, possible because the Constitution sets no time limit for the President’s decision on ordinary Bills.
Who administers the oath to the President?
The Chief Justice of India, or in absence the senior-most Supreme Court judge.
Can the President’s pardon be reviewed by courts?
Only on limited grounds such as mala fides or non-application of mind (Kehar Singh 1989, Epuru Sudhakar 2006).
Do nominated MPs vote in the presidential election?
No. Only elected members of Parliament and of State and UT (Delhi, Puducherry) legislative assemblies vote. Nominated members do take part in impeachment.
Who acts if the President’s office is vacant?
The Vice-President acts as President until a new President is elected, which must happen within six months.
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Image: कृष्ण कान्त शर्मा, Wikimedia Commons, CC BY-SA 4.0
How to use this in Mains
If asked: Is the President of India merely a rubber stamp? Discuss the situational discretion of the office. (GS-II)
Quote: “Inviting a Prime Minister when no party has a majority (1979, 1996, 1998), dismissing a ministry that has lost confidence but will not resign, and dissolving the Lok Sabha on a minority government’s advice.”
Use it: Use as your list of real discretionary moments in the body.
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