Why this matters now

The President is examined for the method of election, the range of powers, the types of veto, the ordinance power, and the nominal-vs-real-executive distinction. Discretionary moments (hung Parliament, bill assent) keep it relevant.

52-62
Articles
STV
Election method
5 years
Term
Article 72
Pardoning power

Election and term

The President is elected indirectly by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the state and UT (Delhi, Puducherry) Legislative Assemblies. The election uses the system of proportional representation by means of the single transferable vote, with secret ballot. The term is five years, and the President can be removed by impeachment (for violation of the Constitution) by Parliament.

Powers of the President

  • Executive — appointments (PM, judges, Governors, etc.); all executive action is taken in the President’s name;
  • Legislative — summons/prorogues Parliament, addresses it, assents to bills, and can promulgate ordinances (Article 123) when Parliament is not in session;
  • Judicial — the pardoning power (Article 72) — pardon, reprieve, respite, remission, commutation;
  • Emergency — proclaims national (352), state (356) and financial (360) emergencies;
  • Financial — money bills and the budget are introduced on the President’s recommendation.

Types of veto

VetoMeaning
AbsoluteWithholding assent altogether (used for private member or lapsed bills)
SuspensiveReturning a bill for reconsideration — but if passed again, the President must assent
PocketTaking no action (neither assenting nor returning) — there is no time limit prescribed

The President has no qualified veto (unlike the US). For money bills, the President can only assent or withhold — not return.

UPSC angle

Remember the electoral college (elected MPs + elected MLAs), proportional representation by single transferable vote, the three vetoes (absolute, suspensive, pocket — no qualified veto), and the ordinance (123) and pardon (72) powers.

Frequently asked questions

How is the President of India elected?

Indirectly, by an electoral college of the elected members of both Houses of Parliament and the elected members of state/UT assemblies, using proportional representation by single transferable vote.

What are the types of veto available to the President?

Absolute (withhold assent), suspensive (return for reconsideration) and pocket (take no action). There is no qualified veto.

What is the pardoning power of the President?

Under Article 72, the President can grant pardon, reprieve, respite, remission or commutation of punishment, including in death-sentence and court-martial cases.

Is the President a real or nominal executive?

A nominal executive — the President exercises powers on the aid and advice of the Council of Ministers, who form the real executive.