President of India UPSC: Election, Powers, Impeachment + PYQs

Asked by UPSCPrelims 2019, 2018, 2014, 2012, 20115 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

Quick answerThe President is the constitutional head of the Union (Art. 52-53), elected indirectly by an electoral college of elected MPs and elected MLAs (including Delhi and Puducherry) by proportional representation with a single transferable vote. Executive power is exercised on the aid and advice of the Council of Ministers (Art. 74). Removal is by impeachment (Art. 61).

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.

How the President is elected

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.

Veto options on ordinary Bills

Suspensive veto

Return Bill once for reconsideration
Parliament may re-pass it
Then assent is compulsory
Not available for Money Bills

Pocket veto

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.

UPSC Prelims 2011 · GS-I · Q36

The authorization for the withdrawal of funds from the Consolidated Fund of India must come from

Answer (b) & why

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.