INDORE INSTITUTE OF

LAW AW
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(AFFILIATED TO D.A.V.V. AND BCI , OF
NEW DELHI) ITU TE
INST
D O E
SUBJECT – POLITICAL SCIENCE

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www.indoreinstituteoflaw.org

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Presented by Madhuri Modi
 B.A.L.L.B. F LAW
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SEMESTER
ST ITU III
R E I N
IND O UNIT-I
PRESIDENT OF INDIA
 PRESIDENT OF INDIA
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 PRESIDENT OF INDIA
 The President of the Republic of India is the ceremonial head of
state of India and the commander-in-chief of the Indian Armed
Forces.
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 The Article 53 of the Constitution of India states that the president

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can exercise his powers directly or by subordinate authority, with
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few exceptions, all of the executive powers vested in the president

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are, in practice, exercised by the prime minister (a subordinate
authority) with the help of the Council of Ministers.
 The president is bound by the constitution to act on the advice of
the prime minister and cabinet as long as the advice is not
violating the constitution.
 List of Presidents of India from 1950 to 2018
S.No. Name Tenure
1 Rajendra Prasad 1950 - 1962
2 Sarvepalli Radhakrishnan 1962 - 1967
3
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Zakir Hussain
V. V. Giri (Acting President)
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1967 - 1969
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1969 - 1969
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4
Mohammad Hidayatullah (Acting President)

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V. V. Giri
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1969 - 1974
5
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Fakhruddin Ali Ahmed

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1974 - 1977
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6
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Basappa Danappa Jatti (Acting President)
Neelam Sanjiva Reddy
1977 - 1977
1977 - 1982
7
8
IND O Giani Zail Singh
R Venkataraman
1982 - 1987
1987 - 1992
9 Shankar Dayal Sharma 1992 - 1997
10 K R Narayanan 1997 - 2002
11 APJ Abdul Kalam 2002 - 2007
12 Pratibha Patil 2007 - 2012
13 Pranab Mukherjee 2012 - 2017
14 Ram Nath Kovind 2017 - Present
 The functions of the President of India

Executive Functions

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1. Head of the Union: The President is at the head of the Union Executive.
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Consequently, all executive powers are exercised in his name. The

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executive power of the Union to be exercised by the President is
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extended to the matters with respect to which Parliament has power to
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make laws and to conclude treaty and agreement.
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2. Appointments: As head of the executive, the President appoints the
IN Governors of States, the Judges of the Supreme Court and the High
Courts, the Auditor General of India and many other high officials,
such as the members of Finance Commission, Election commission,
Union Public commission etc.
 The functions of the President of India
3. Appointment of the Prime Minister and other Ministers:
 The President also appoints the Prime Minister and with his advice the

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other Ministers of the Union Council of Ministers. But here too, as in all
other appointments, the President can seldom use his discretion.

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 He is, ordinarily, duty-bound to summon the leader of the political party
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which secures an absolute majority in the Lok Sabha to become the Prime
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Minister and form the Ministry.

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 He does enjoy some discretionary powers in the matter only under
Dexceptional circumstances.
 When no single political party wins a clear absolute majority and, as a
result, no Council of Ministers can be formed without a coalition of
parties the President can exercise his discretion judiciously in appointing
the Prime Minister.
 The functions of the President of India
Such situations developed in the past.
India has entered into an age of coalition politics. And it may so

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happen that no single party will be able to secure an absolute

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majority, and the President may be required to exercise his
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discretionary power for some time to come, in appointing Prime
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Minister.
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4. Can ask to prove Majority in Lok Sabha:
 Union Council of Ministers normally remains in office for five
years, unless dissolved earlier for any reason.
 The President must be satisfied that the Council of Ministers
enjoys the confidence of the majority of the Lok Sabha.
 The functions of the President of India
 In case of any doubt he can ask the Council of Ministers to prove
its majority in the Lok Sabha, as the Prime Ministers Sri H.D.

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 Deve Gowda was asked by the President after the official
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withdrawal of support by the Congress Party from Ministry.
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 The President can also dissolve the Union Council of Ministers in
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accordance with Article 75(2) of the constitution, if he finds that
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the Ministry does not enjoy the support of the majorities in the

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Lok Sabha.
 The functions of the President of India
5. Supreme Commander: As head of State, the President is the
supreme Commander of the Armed Forces of India and is entitled to
declare war or conclude a treaty.
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Legislative Powers and Functions
1. President is a part of Parliament:

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 The Union Legislature or Parliament consists of the President and
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part of Union Legislature.
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two Houses of Parliament. The President is, therefore, an integral
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 He shall summon from time to time, either separately or jointly, the

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Houses of Parliament.
 The President can prorogue the Houses or either House of
Parliament and, if necessary, can dissolve the lower Chamber of
Parliament, the Lok Sabha.
 Legislative Powers and Functions
 For example, the President solved the twelfth Lok Sabha in early 1999

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when the confidence motion in favour your of the Vajpayee government
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was lost in the Lok Sabha.

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2. Summons and Addresses Parliament:

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 The President may address either or both House of Parliament.

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 In such address, at the first session after general election to the Lok
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Sabha and at beginning of a joint session of Parliament each year, he
may place the reasons for summoning it.
 Apart from addressing Parliament, the President may also, in case of
necessities, send messages to either House, or to both Houses Normally,
Legislative Powers and Functions
 The President does not send such a message, unless however, he

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has a serious disagreement with the Council of Ministers.
3. Nomination:

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 The President nominates a number of members in both Houses.

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 The chief purpose of the nomination is to ensure adequate

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representation in Parliament of all sections of population which
many not always be achieved through elections.
4. Power in respect of Bills:
 The President has certain functions in respect of passing of a Bill. A
bill passed by both the Houses of Parliament requires his assent in
order to become an Act.
Legislative Powers and Functions
 He may give his assent to a bill or can withhold assent when a bill,

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after getting approved in both the Houses, is placed before the
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President.

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

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But, if Parliament, acting on President’s refusal to assent to a bill,
passes it again with or without amendment, for the second time
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and presents it to the President for his approval, the President shall

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not withhold his assent there from under Article 111. In other
words, it becomes obligatory upon him to give his assent.
 In certain cases, prior sanction of the President is required for
initiating any legislation.
 Legislative Powers and Functions
For instance, bill for formation of a new State or altering the

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boundaries of the existing State or States is to be placed before
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Parliament with prior approval of the President. Money bill is another
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example where obtaining of such approval of the President is a

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constitutional necessity.

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Legislative Powers and Functions
5. Bill passed by a State Legislature:
 A bill passed by a State Legislature may also be reserved for the
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consideration of the President by the Governor of that State.
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 The President enjoys this right in relation to a bill passed by a
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State Legislature only in such cases where those are referred to

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him by the Government of a State under Article 200.
 Power to Promulgate Ordinances 
Except when both Houses of Parliament are in session, the President may promulgate such Ordinances as the
circumstances appear to
 Legislative Powers and Functions
 Except when both Houses of Parliament are in session, the

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President may promulgate such Ordinances as the circumstances
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appear to him to require (Article 123).
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 Such an ordinance can have the same force and effect of an Act of
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Parliament.
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 Such an ordinance shall cease to operate unless passed by both

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Houses of Parliament within the stipulated period.
 A.K. Roy vs. Union of India (1982) illustrates the proposition that
the satisfaction of the President must be as to the existence of a
situation which makes it necessary for the President to promulgate
such on Ordinance.
 Financial Powers and Functions
 The President causes the annual budget of the Union Government to
be laid before Parliament every year.

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 No proposal for spending money or raising revenues for purposes of
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government can be introduced in Parliament without previous
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permission of the President.

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 Emergency Powers of the President
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 The constitution of India empowers the President to proclaim three
INkinds of Emergencies: National Emergency (Art. 352);
 Emergency for failure of Constitutional Machinery in a State (Art.
356);
 Financial Emergency (Art. 360)
Provision regarding President in constitution-
Article 52 : “There shall be a President of Union of India.

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Article 53 : The Executive powers of the union shall be vested in the
President.
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Article 54&55: Provisions regarding the Election of President of India.
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Article 58 : Qualifications of a candidate to become President of India.

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Article 62 : Impeachment of President from Office by Parliament.
Article 65 : The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the absence of
President.
to be laid before the Parliament.
 Financial Emergency (Art. 360)
Article 108 : President can summon the Joint session of Parliament.
Article 112 : Causes the budget

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Article 123 : President PROMULGATES ordinances. LAW
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Article 143 : He can seek advice from the Supreme Court on any
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question of Law of fact.
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Article 280 : President constitutes the Finance Commission every 5

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years.
Article 352 : President to proclaim an emergency & take Whole nation
under his direct charge the administration of any State.
Article 356 : President to proclaim an emergency and take State under
his direct charge the administration of any State.
 Qualifications of Election as President :-
Article 58 : Qualifications of a candidate to become President of
India. A person should have following qualification for becoming a
president of India, as per article 58.
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A citizen of India.
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 Completed 35 years of age.

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 Qualified for election as member of Lok Sabha
 Should not hold any office of profit under central, state
government etc.
 Who will Elect our President?
The President of India is elected by an electoral college consisting of: 
 Elected members of both house of parliament.

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 Elected members of the legislative assemblies of the state.
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 Elected members of the legislative assemblies of the Union
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territories of Delhi and Puducherry (Added in 70th amendment of
Indian Constitution, 1992).
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 Nominated members of (Both house of parliament, State legislative

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assemblies of all states, legislative assemblies of Delhi and
Puducherry) do not take part in President election.
 Members of state legislative councils (In case of the bicameral
legislature) do not take part in election of President.
How do we Elect our President?
 President of India is elected by proportional representation system by

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means of single transferable vote. Voting in president election is done
by secret ballot. 
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 Candidates for President elections must pay a security deposit of
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15,000/-, they’ll get it back only if they get 1/6th of valid polled

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votes. 
 The nomination form must be proposed by 50 members & other 50
members must sign as secondary.
How do we Elect our President?
 A candidate to be elected to the office of president, He/she must
secure a fixed quota of Votes.

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 Each member of the electoral college is given one ballot paper and

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He/she is required to indicate his preference by marking against
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the names of candidates.
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 In first counting if candidate secures required quota, he is declared
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elected.
 Otherwise the transfer of votes in motion (In this Ballots of
candidates who secures least number of votes are cancelled for
next counting and his second preference votes transferred to the
first preference votes of the other candidates.) and process
continues till a candidate secures the required quota.
How do we Elect our President?
All disputes related to election of president are inquired into and

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decided by the supreme court whose decision is final.
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Oath by the President- O
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The President shall take the oath of office in the Presence of CJI (Chief
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Justice of India). In absence CJI, senior most judge of the supreme court
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will administer the oath. In his oath president swears “To preserve,
protect and defend the constitution“.
 Tenure & Salary of President :-
The President holds office for a term of 5 years.
Office of the President of India is “Rashtrapati Bhavan“.

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President gets salary of ₹500,000 (US$7,000) (per month).

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 In India President is also eligible for re-election to that office.

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President can resign from his office before completion of his

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tenure by addressing resignation letter to the Vice President.
President can also remove from his office by the process of
impeachment for “Violation of the constitution”.
Vice President acting as President :-
Article 65:

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 The Vice-President to act as President or to discharge his functions

President.
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during casual vacancies in the office, or during the absence of
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 Vice-President while acting as a President has all the powers and
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immunities of the President. This is the second most important
function of the V.P.
 He can act as the president only for a maximum period of six
months (question asked) in case of Permanent vacancy(death,
impeachment, resignation or otherwise.). Within which a new
president has to be elected.
Vice President acting as President :-
For Temporary vacancy, Vice President will take charge as President

months.
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until President takes the office. In this he may continue more than 6
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Impeachment of IPresident-
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The impeachment resolution against president can be initiated by either house
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of parliament with signed by at least one-fourth members of that house.
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Impeachment resolution passed by two-thirds of the total membership of that
house, sent to the other house.
If other house (after investigation) passed the Impeachment resolution by two-
thirds of the total membership of that house, then president removed from his
office.
 Impeachment of President-
Note-

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(i) Nominated members of either house of parliament (Lok Sabha and

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Rajya Sabha) participate in impeachment of the president.
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(ii) The members of state legislative assemblies (States and UT’s), state
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legislative councils of states do not take part in impeachment of the
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president.
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.
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.