🏛️ 15. PRESIDENT OF INDIA — POWERS, VETO & ORDINANCES

The President is elected indirectly by an Electoral College designed to maintain parity between the Union and the States combined:

1.1 Included Members (Who Votes)

• Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
• Elected members of the Legislative Assemblies of the States (MLAs).
• Elected members of the Legislative Assemblies of UTs of Delhi, Puducherry (added by 70th CAA 1992), and Jammu & Kashmir.

1.2 Excluded Members (Who Cannot Vote)

• Nominated members of Lok Sabha and Rajya Sabha.
• Nominated members of State Legislative Assemblies.
• Members (elected as well as nominated) of State Legislative Councils (MLCs) in bicameral states.
• Nominated members of UT Legislative Assemblies.

The election is held in accordance with the system of Proportional Representation by means of the Single Transferable Vote (STV) via secret ballot:

Dispute Resolution (Article 71): All doubts and disputes arising out of or in connection with the election of the President are inquired into and decided EXCLUSIVELY by the Supreme Court of India, whose decision is final.

A candidate must be a citizen of India, at least 35 years of age, qualified for election as a member of the Lok Sabha, and hold no office of profit:

3.1 Impeachment Procedure (Article 61)

Impeachment is a quasi-judicial procedure in Parliament. The sole constitutional ground for impeachment is "Violation of the Constitution" (un-defined in the text):

Key Distinction: Nominated members of Parliament CAN participate in the impeachment process, even though they do not vote in the presidential election. Conversely, MLAs of States and UTs DO NOT participate in impeachment.

The President exercises comprehensive constitutional functions across administrative domains:

• Executive Powers:
  • All executive actions of the Union Government are formally taken in the President's name (Art. 77).
  • Appoints the Prime Minister, Union Council of Ministers, Attorney General of India, CAG, Chief Election Commissioner and ECs, Chairman and Members of UPSC, Governors, and Finance Commission.
  • Can declare any area as a Scheduled Area and manages administration of Tribal Areas.
• Legislative Powers:
  • An integral part of Parliament (Art. 79). Summons, prorogues Parliament, and dissolves the Lok Sabha.
  • Addresses joint sitting of Parliament at the commencement of first session after general election and first session each year (Art. 87).
  • Nominates 12 members to Rajya Sabha having special knowledge in Literature, Science, Art, and Social Service (Art. 80).
  • Prior recommendation required for introducing Money Bills, Bills affecting state boundaries (Art. 3), and taxation bills affecting states.
• Financial Powers: Money Bills can be introduced in Lok Sabha ONLY with prior recommendation. Causes the Union Budget (Annual Financial Statement - Art. 112) to be laid before Parliament. Controls the Contingency Fund of India (Art. 267) for unforeseen expenditure.

When a bill passed by Parliament is presented to the President under Article 111, three veto options exist (India does NOT have a Qualified Veto):

Veto Over State Legislation (Article 201): When a Governor reserves a State Bill for the President, the President can withhold assent or return it. If the State Assembly passes it again, the President is NOT bound to give assent (unlike Central bills under Art. 111).

Article 123 confers extraordinary legislative power to issue ordinances during parliamentary recess:

6.1 Four Inviolable Constitutional Conditions

1. Recess Prerequisite: Can be promulgated ONLY when either or both Houses of Parliament are not in session.
2. Immediate Action Necessity: President must be satisfied that circumstances exist requiring immediate legislative action.
3. Co-extensive Scope: An ordinance has the same force and effect as an Act of Parliament, but is subject to the same constitutional limitations (cannot breach Fundamental Rights).
4. Parliamentary Approval Window: Must be laid before both Houses upon reassembly. It ceases to operate 6 weeks from the reassembly of Parliament (maximum life = 6 months + 6 weeks), or earlier if disapproved by resolutions.

6.2 Judicial Review & Anti-Repromulgation Rulings

Article 72 empowers the President to grant pardons, reprieves, respites, or remissions of punishment for offenses tried by Court Martial, under Union law, or involving a Death Sentence:

Maru Ram (1980) & Kehar Singh (1988) Principles: The pardoning power under Article 72 is exercised on the advice of the Union Cabinet (not independent judicial discretion). It is subject to limited judicial review to prevent arbitrary, discriminatory, or bad-faith decisions (Epuru Sudhakar Case 2006).

1. Comparative evaluation of the Ordinance-Making Power under Article 123 (President) and Article 213 (Governor).
2. Critically analyze the constitutional position of the President of India as a nominal head under Article 74.
3. Examination of the judicial boundaries placed on Executive Pardoning Power under Article 72.
4. The impact of the D.C. Wadhwa (1987) and Krishna Kumar Singh (2017) rulings on executive governance by ordinances.

Continue your systematically ordered GS2 Polity syllabus coverage:

• 14. Emergency Provisions (Articles 352, 356 & 360)
• 16. Vice-President of India
• 17. Prime Minister, Union Council of Ministers & Cabinet Committees