President & Vice-President
President & Vice-President
The President of India is the head of state and the supreme commander of the armed forces. The executive power of the Union is vested in the President (Art 53), exercised directly or through officers subordinate to him. Part V, Chapter I (Articles 52-78) deals with the President and Vice-President. The Vice-President is the ex-officio Chairman of the Rajya Sabha and acts as President in case of vacancy or inability.
Key Dates
Dr. Rajendra Prasad became the first President of India (elected by the Constituent Assembly on 24 January 1950); took oath on 26 January 1950
First presidential election under the Constitution; Dr. Rajendra Prasad elected — the only President to serve two full terms (1950-1962)
Dr. S. Radhakrishnan elected President; previously served as the first Vice-President (1952-1962)
Dr. Zakir Husain elected — first Muslim President; died in office in 1969 (first President to do so); V.V. Giri became Acting President
V.V. Giri elected as an independent candidate after Congress candidate N. Sanjiva Reddy was defeated — first "conscience vote" and only independent to win the presidency
SC in Samsher Singh v. State of Punjab held that the President and Governor are constitutional (ceremonial) heads and must act on the aid and advice of the Council of Ministers
42nd Amendment made "shall" explicit in Art 74(1) — President constitutionally bound to act on ministerial advice; also froze population figures at 1971 Census for electoral college calculations
Neelam Sanjiva Reddy elected unopposed — the only President elected without a contest. Fakhruddin Ali Ahmed had died in office earlier that year (second President to do so)
44th Amendment added proviso to Art 74(1) — President can return advice for reconsideration once; replaced "internal disturbance" with "armed rebellion" in Art 352; required Cabinet's written recommendation for Emergency
President Zail Singh exercised the pocket veto on the Indian Post Office (Amendment) Bill — the only instance of pocket veto in Indian constitutional history
70th Amendment added elected members of Delhi and Puducherry assemblies to the Presidential Electoral College
K.R. Narayanan became the first Dalit President of India; twice returned the Council of Ministers' advice on imposing President's Rule (Bihar 1998, UP 1999)
A.P.J. Abdul Kalam became the first scientist to be elected President; also the first Muslim since Zakir Husain (1967)
Pratibha Patil became the first woman President of India
Droupadi Murmu became the first tribal (Santhal) President, the first President from Odisha, and the youngest President at the time of election
Constitutional Framework — Articles 52 to 78
The office of the President of India is established under Article 52. Article 53(1) vests the executive power of the Union in the President, to be exercised either directly or through officers subordinate to him in accordance with the Constitution. Article 53(2) clarifies that this does not prevent Parliament from conferring functions on any authority, and does not transfer the command of state defence forces to the President. The entire Chapter I of Part V (Articles 52-78) constitutes the constitutional code governing the presidency. Article 77 deals with the conduct of business of the Government of India — all executive actions must be expressed in the name of the President, and the President shall make rules for the convenient transaction of business and allocation among ministers. Article 78 outlines the duties of the Prime Minister vis-a-vis the President: to communicate all decisions of the Council of Ministers, furnish information on Union affairs, and submit for Cabinet consideration any matter on which an individual minister has taken a decision. These provisions collectively establish the President as the formal head of the executive, though the real executive power lies with the Council of Ministers headed by the PM.
Qualifications, Conditions, and Oath (Articles 57-60)
Article 58 prescribes qualifications: the candidate must be (a) a citizen of India, (b) have completed 35 years of age, (c) be qualified for election as a member of Lok Sabha, and (d) must not hold any office of profit under the Government of India, any state government, or any authority under their control. The President or Vice-President, a Governor, or a Minister of the Union or any state is not deemed to hold an office of profit for this purpose. Article 57 permits re-election — there is no constitutional bar, but only Rajendra Prasad served two terms. Article 59 prescribes conditions of office: the President shall not be a member of either House of Parliament or any state legislature (existing membership terminates on election); shall not hold any other office of profit; shall be entitled to official residence (Rashtrapati Bhavan), emoluments, allowances, and privileges determined by Parliament (currently governed by the President's Emoluments and Pension Act, 1951). The President's emoluments are charged on the Consolidated Fund of India and are not voted on by Parliament. Article 60 prescribes the oath — administered by the Chief Justice of India (or the senior-most SC judge in CJI's absence) — to preserve, protect, and defend the Constitution.
Election of the President — Electoral College and Procedure (Articles 54-55)
Article 54 provides for the Presidential Electoral College consisting of: (a) elected members of both Houses of Parliament, and (b) elected members of the Legislative Assemblies of all states (including Delhi and Puducherry after the 70th Amendment, 1992). Nominated members and members of state Legislative Councils are excluded. Article 55 prescribes the method: election by proportional representation using the single transferable vote system with secret ballot. The vote value of each MLA = (total population of the state as per the 1971 Census / total number of elected MLAs in that state) x (1/1000), with fractions above 0.5 rounded up. The vote value of each MP = (total value of all MLA votes / total number of elected MPs in both Houses). The 42nd Amendment (1976) froze population figures at the 1971 Census for this calculation until the first Census after 2026 (later extended by the 84th Amendment, 2001). This ensures uniform representation so that states with higher population growth are not overrepresented. The election is conducted by the Election Commission of India. Disputes regarding the President's election are decided by the Supreme Court (Art 71). Article 56 provides for a 5-year term, or until the successor enters office. Vacancy must be filled within 6 months (Art 62).
Impeachment of the President (Article 61)
The President can be removed only through impeachment for "violation of the Constitution" — this is the sole ground. The process: (1) A resolution charging the President must be signed by at least 1/4 of the total membership of the House initiating it. (2) At least 14 days' written notice must be given to the President. (3) The resolution must be passed by a majority of not less than 2/3 of the total membership of that House. (4) The resolution is then sent to the other House, which investigates the charge (or has it investigated). The President has the right to appear and be represented during the investigation. (5) If the other House passes a resolution by 2/3 of its total membership confirming the charge, the President stands removed from the date of such resolution. The impeachment process is quasi-judicial, not purely political. It can be initiated in either House. No President has been impeached in India's history. The use of the term "violation of the Constitution" is much narrower than "proved misbehaviour or incapacity" used for removing SC/HC judges, making impeachment standards quite restrictive. While the President is being impeached, he continues to hold office and exercise all powers.
Executive Powers of the President
All executive actions of the Government of India are taken in the name of the President (Art 77). The President makes appointments to the highest offices: Prime Minister (Art 75), members of the Council of Ministers (on PM's advice, Art 75), Attorney General (Art 76), Comptroller and Auditor General (Art 148), Chief Election Commissioner and other Election Commissioners (Art 324), Chairman and members of UPSC (Art 316), Governors of states (Art 155), Chief Justice and judges of the Supreme Court (Art 124), Chief Justices and judges of High Courts (Art 217), Chairman and members of Finance Commission (Art 280), Chairman and members of National SC/ST Commission (Art 338), Special Officer for Linguistic Minorities (Art 350B), administrators of Union Territories (Art 239), and members of inter-state commissions (Art 263). The President also appoints the Chief of Army Staff, the Chief of Naval Staff, and the Chief of Air Staff. The President can seek advisory opinion of the SC under Article 143. The President administers UTs through appointed administrators. Under Article 239AA, the President has special powers regarding the NCT of Delhi.
Legislative Powers of the President
The President summons, prorogues Parliament, and dissolves the Lok Sabha (Art 85). He addresses Parliament at the commencement of the first session after each general election and at the commencement of the first session of each year (Art 87). He nominates 12 members to Rajya Sabha with special knowledge or practical experience in literature, science, art, and social service (Art 80). The provision for nominating 2 Anglo-Indians to Lok Sabha was deleted by the 104th Amendment (2020). No Money Bill can be introduced without the President's prior recommendation (Art 110). The President gives or withholds assent to bills (Art 111) — he can return an ordinary bill for reconsideration once (but must assent if re-passed), but cannot return a Money Bill or a Constitutional Amendment Bill. When the President neither gives assent nor returns the bill, it is called a "pocket veto" — used by President Zail Singh in 1986 on the Indian Post Office (Amendment) Bill. The President issues ordinances under Article 123 when Parliament is not in session — ordinances have the same force as Acts of Parliament but must be laid before Parliament within 6 weeks of reassembly. The SC in D.C. Wadhwa v. State of Bihar (1987) condemned repeated re-promulgation of ordinances as subversion of the legislative process. The Krishna Kumar Singh v. State of Bihar (2017) held that the Governor/President's satisfaction for issuing ordinances is subject to judicial review.
Pardoning Power (Article 72) and Judicial Powers
Article 72 grants the President power to grant pardons, reprieves, respites, remissions, and commutations of sentences in cases: (1) where the punishment is by a court martial; (2) where the punishment is for an offence against a Union law; (3) where the sentence is one of death. This power is broader than the Governor's under Article 161 — the President alone can pardon death sentences and court martial sentences. The five types: Pardon — completely absolves the person of all charges, punishment, and disqualifications; Commutation — substitutes one form of punishment for a lighter one (e.g., death to life imprisonment); Remission — reduces the period of sentence without changing its character; Respite — awards a lesser sentence on account of special circumstances (e.g., pregnancy, illness); Reprieve — temporarily stays the execution of a sentence (usually a death sentence) to allow time for appeal or seeking pardon. Key judgments: Maru Ram v. Union of India (1980) — pardoning power is exercised on the advice of the Council of Ministers, not by the President in his personal capacity; Kehar Singh v. Union of India (1989) — the President is not bound by any judicial decision and can examine evidence afresh; pardoning power is subject to judicial review; Epuru Sudhakar v. Government of AP (2006) — the President's decision can be reviewed for arbitrariness, mala fide exercise, or non-application of mind; Shatrughan Chauhan v. Union of India (2014) — inordinate delay in deciding mercy petitions is a ground for commutation of death sentence.
Emergency Powers of the President
The President can proclaim three types of emergencies: (1) National Emergency under Article 352 — on grounds of war, external aggression, or armed rebellion (term "internal disturbance" replaced by "armed rebellion" by the 44th Amendment). The 44th Amendment requires the Cabinet's written recommendation (not just the PM's advice). Must be approved by Parliament within one month by special majority. Duration: 6 months at a time, extendable indefinitely with parliamentary approval. Effect: the Centre can direct states on executive matters, Parliament can legislate on State List subjects, fundamental rights under Art 19 are automatically suspended, and the President can suspend the right to move courts for enforcing other FRs under Art 359 (except Art 20 and 21 — 44th Amendment). Three national emergencies have been declared: 1962 (Chinese aggression), 1971 (Pakistan war), 1975 (internal disturbance). (2) President's Rule under Article 356 — when the President is satisfied that the government of a state cannot be carried on in accordance with the Constitution. The S.R. Bommai case (1994) laid down strict guidelines. (3) Financial Emergency under Article 360 — never proclaimed. The President's role in emergencies is largely formal — he acts on the Council of Ministers' advice — but the declaration vests extraordinary powers in the Central Government.
Constitutional Position — Art 74 and the Binding Nature of Ministerial Advice
Article 74(1) states: "There shall be a Council of Ministers with the PM at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice." The 42nd Amendment (1976) made it constitutionally explicit that the President "shall" act on the advice — before this, the word was "may." The 44th Amendment (1978) added a proviso: the President can require the Council of Ministers to reconsider such advice, either generally or otherwise, but shall act in accordance with the advice tendered after reconsideration. Article 74(2) provides that the question whether any advice was tendered to the President shall not be inquired into in any court — this ensures Cabinet secrecy. The SC in Samsher Singh v. State of Punjab (1974) conclusively held that the President is a constitutional head and exercises all powers on the aid and advice of the Council of Ministers. The President exercises personal discretion only in: (a) appointing the PM when no party has a clear majority; (b) deciding whether the Council of Ministers has lost majority; (c) exercising the pocket veto. Ram Jawaya Kapur v. State of Punjab (1955) held that executive power of the Union runs coextensive with legislative power. U.N.R. Rao v. Indira Gandhi (1971) — the President's personal satisfaction is not required for Council of Ministers' advice.
Vice-President — Election, Powers, and Constitutional Position (Articles 63-71)
Article 63 provides that there shall be a Vice-President of India. Article 64 makes the VP the ex-officio Chairman of the Rajya Sabha. Article 65 provides that the VP acts as President when the office falls vacant (death, resignation, removal, or otherwise) or when the President is unable to discharge functions due to absence, illness, or any other cause — the VP can act as President for a maximum of 6 months, within which a new President must be elected. Article 66 prescribes the election: Electoral College consists of all members of both Houses of Parliament (both elected and nominated — unlike the President's Electoral College which excludes nominated members). Election is by proportional representation through single transferable vote with secret ballot. Qualifications: citizen of India, completed 35 years, qualified for membership of Rajya Sabha, should not hold any office of profit. Article 67 prescribes the term (5 years) and removal: the VP can be removed by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha (effective majority) and agreed to by the Lok Sabha. Crucially, no grounds for removal are specified — unlike the President who can only be impeached for "violation of the Constitution." While acting as President, the VP does not perform the duties of Rajya Sabha Chairman (a Deputy Chairman acts in his place). The VP is not paid a salary as VP but receives a salary as Chairman of Rajya Sabha.
Veto Powers of the President
The President has three types of veto powers under Article 111: (1) Absolute Veto — the President withholds assent to a bill passed by Parliament; this can be exercised on ministerial advice (used when the government that piloted the bill has been replaced before assent). (2) Suspensive Veto — the President returns the bill for reconsideration; if Parliament re-passes the bill (with or without amendments), the President must give assent. This cannot be exercised on Money Bills or Constitutional Amendment Bills. (3) Pocket Veto — the President neither gives assent nor returns the bill; the Constitution prescribes no time limit for Presidential assent, enabling indefinite withholding. President Zail Singh used the pocket veto in 1986 on the Indian Post Office (Amendment) Bill, which sought to curtail press freedom. This differs from the US President's pocket veto (which has a 10-day window). The President also exercises qualified veto through the requirement of prior recommendation for Money Bills (Art 110) and Finance Bills (Art 117). When a state bill is reserved by the Governor under Article 200, the President can give assent, withhold assent, or direct the Governor to return the bill — there is no time limit, and this has been a source of federal friction. The SC in Purushothaman Nambudiri v. State of Kerala (1962) held that once a bill is reserved for the President, it ceases to be before the state legislature.
Diplomatic and Military Powers
The President represents India in international affairs. All international treaties and agreements are negotiated and concluded in the name of the President, subject to approval by Parliament. The President receives ambassadors and high commissioners of other countries and sends Indian ambassadors and high commissioners abroad. As the Supreme Commander of the armed forces (Art 53), the President has the power to declare war and conclude peace, though this power is exercised on the advice of the Council of Ministers and may be regulated by Parliament. The President appoints the Chiefs of Staff of the Army, Navy, and Air Force. However, the power to deploy armed forces, declare war, or conclude treaties is exercised on the advice of the Council of Ministers under Art 74 — the President has no independent military authority. Parliament can regulate the exercise of the Supreme Commander's powers by law. The National Security Council, chaired by the PM, advises on matters of national security, and the Nuclear Command Authority, with the PM as chairman of the Political Council, manages nuclear weapons — the President is not directly involved in these operational structures despite being the nominal Supreme Commander.
Complete List of Presidents — Terms, Backgrounds, and Firsts
India has had 15 Presidents (as of 2024): 1. Dr. Rajendra Prasad (1950-1962) — first President, only one to serve two terms, elected by Constituent Assembly then re-elected in 1957; 2. Dr. S. Radhakrishnan (1962-1967) — philosopher-statesman, former VP, his birthday (5 September) is celebrated as Teachers' Day; 3. Dr. Zakir Husain (1967-1969) — first Muslim President, first to die in office (3 May 1969); 4. V.V. Giri (Acting President May-August 1969, then elected 1969-1974) — only independent candidate to win, first Acting President to later become full President; 5. Fakhruddin Ali Ahmed (1974-1977) — signed the 1975 Emergency proclamation, second President to die in office (11 February 1977); 6. Neelam Sanjiva Reddy (1977-1982) — only President elected unopposed, previously defeated as Congress candidate in 1969; 7. Giani Zail Singh (1982-1987) — first Sikh President, exercised the pocket veto; 8. R. Venkataraman (1987-1992) — former Finance Minister and Defence Minister; 9. Dr. Shankar Dayal Sharma (1992-1997) — served as VP before becoming President; 10. K.R. Narayanan (1997-2002) — first Dalit President, twice returned advice for President's Rule; 11. A.P.J. Abdul Kalam (2002-2007) — "People's President," Missile Man of India; 12. Pratibha Patil (2007-2012) — first woman President; 13. Pranab Mukherjee (2012-2017) — longest-serving Finance Minister before presidency; 14. Ram Nath Kovind (2017-2022) — second Dalit President; 15. Droupadi Murmu (2022-present) — first tribal President.
Vice-Presidents of India — Complete List and Notable Facts
India has had 14 Vice-Presidents (as of 2024): 1. Dr. S. Radhakrishnan (1952-1962) — first VP, later became President; 2. Dr. Zakir Husain (1962-1967) — later became President; 3. V.V. Giri (1967-1969) — resigned to contest presidential election; 4. Gopal Swarup Pathak (1969-1974); 5. B.D. Jatti (1974-1979) — served as Acting President after Fakhruddin Ali Ahmed's death; 6. Mohammad Hidayatullah (1979-1984) — former CJI, the only CJI to become VP; 7. R. Venkataraman (1984-1987) — later became President; 8. Dr. Shankar Dayal Sharma (1987-1992) — later became President; 9. K.R. Narayanan (1992-1997) — later became President; 10. Krishan Kant (1997-2002) — died in office; 11. Bhairon Singh Shekhawat (2002-2007) — contested presidential election while serving as VP (lost); 12. Mohammad Hamid Ansari (2007-2017) — the only VP to serve two consecutive terms; 13. M. Venkaiah Naidu (2017-2022); 14. Jagdeep Dhankhar (2022-present). Only three VPs became President directly: Radhakrishnan, Zakir Husain, and Narayanan. R. Venkataraman and Shankar Dayal Sharma also became President but with a gap. The VP's role as Rajya Sabha Chairman gives immense influence over parliamentary proceedings — controlling debates, admitting questions, and ruling on procedural matters.
Ordinance-Making Power — Detailed Analysis (Article 123)
Article 123 empowers the President to promulgate ordinances when both Houses of Parliament are not in session, if the President is satisfied that circumstances exist which render it necessary for him to take immediate action. An ordinance has the same force and effect as an Act of Parliament. Key conditions and limitations: (1) An ordinance can be promulgated only when at least one House of Parliament is not in session — if both Houses are in session, the legislative route must be followed. (2) The subject matter of the ordinance must be within Parliament's legislative competence — the President cannot make ordinances on State List subjects (except during a National Emergency). (3) Every ordinance must be laid before both Houses of Parliament when they reassemble. It ceases to operate 6 weeks after reassembly (or when disapproved by either House, whichever is earlier). (4) The President can withdraw an ordinance at any time. (5) An ordinance cannot be promulgated to amend the Constitution. The 38th Amendment (1975) attempted to make the President's satisfaction in issuing ordinances non-justiciable, but this was repealed by the 44th Amendment (1978). In Krishna Kumar Singh v. State of Bihar (2017), a 7-judge SC bench held that the satisfaction of the President/Governor for issuing ordinances is subject to judicial review, that re-promulgation of ordinances is a fraud on the Constitution, and that an ordinance that is not placed before the legislature or allowed to lapse is an abuse of power. The Cooper case (1970) established that ordinances cannot be used to override court decisions.
President's Rule (Article 356) — Detailed Provisions and Safeguards
Article 356 empowers the President to proclaim President's Rule in a state if he is satisfied (on the Governor's report or otherwise) that the government of the state cannot be carried on in accordance with the Constitution. Effects: (1) The President assumes all or any executive functions of the state; (2) Parliament can confer legislative power on the President or any authority; (3) The President can make provisions incidental to the objects of the proclamation. Duration: initially 6 months; extendable every 6 months up to a maximum of 3 years. Extension beyond 1 year requires: (a) a National Emergency in operation in the whole or part of the state, or (b) the Election Commission certifying that elections cannot be held. The S.R. Bommai v. Union of India (1994) judgment — the most important case on Art 356 — held: (a) the President's proclamation is subject to judicial review; (b) the material on which the President acted can be examined by the court; (c) a floor test is the only legitimate test of majority, not the Governor's subjective assessment; (d) the state assembly cannot be dissolved before parliamentary approval; (e) secularism is part of the basic structure and its violation can justify Art 356. President's Rule has been imposed over 130 times since 1950 — the most misused provision of the Constitution according to the Sarkaria Commission. The 44th Amendment added the requirement of parliamentary approval within 2 months (previously 6 months under the original Constitution).
Comparison with US President and British Crown
The Indian President is fundamentally different from both the US President and the British Monarch, though the Constitution drew from both models. Compared to the US President: (1) The US President is directly elected (through the Electoral College) and is both head of state and head of government — the Indian President is head of state only, with the PM as head of government. (2) The US President has real executive power and can veto legislation (requiring 2/3 override) — the Indian President must act on ministerial advice. (3) The US President appoints Cabinet members who are not legislators and serve at his pleasure — Indian ministers must be members of Parliament. (4) The US President can be impeached for "high crimes and misdemeanors" — the Indian President only for "violation of the Constitution." (5) The US President has a strict 4-year term (max 2 terms by 22nd Amendment) — the Indian President has a 5-year term with no constitutional limit on re-election. Compared to the British Crown: the Indian President is closer to the British model as a constitutional head. However, the British Monarch is hereditary while the Indian President is elected. The British Monarch has royal prerogatives (royal assent has not been refused since 1708) while the Indian President can exercise the pocket veto. The British Monarch is legally infallible ("the King can do no wrong") while the Indian President can be impeached. Both systems share the convention that the head of state acts on ministerial advice.
Interesting Facts and Trivia for Competitive Exams
The President's official residence is Rashtrapati Bhavan, designed by Edwin Lutyens, covering 330 acres — the largest residence of any head of state in the world. The President's bodyguard regiment (now Presidential Bodyguard) is the oldest regiment of the Indian Army, raised in 1773. Dr. Zakir Husain (1967) was the first President to die in office; V.V. Giri served as Acting President and then won the presidential election. Fakhruddin Ali Ahmed (1977) was the second President to die in office. B.D. Jatti served as Acting President after Ahmed's death. Dr. Rajendra Prasad is the only President to have served two terms. K.R. Narayanan was the first President to exercise a casting vote in a joint session (though this was not needed in practice — the term refers to the President's general participation in Parliament). Only two Vice-Presidents have later become President through election: Dr. S. Radhakrishnan and Dr. Zakir Husain. The President's salary is fixed by Parliament and is currently Rs 5 lakh per month (as of 2018). Oath of the President is in English or Hindi (Form III-A of Third Schedule). The VP's oath is in Form VII-B.
Relevant Exams
Among the most important topics across all exams. UPSC tests on electoral college composition, vote value calculation, pardoning power distinctions (Art 72 vs Art 161), emergency powers, veto powers (pocket veto vs suspensive veto), and the President's discretionary powers. SSC frequently asks about first President, qualifications, impeachment procedure, ordinance-making power. Questions comparing President and Governor powers are extremely common. The 42nd and 44th Amendment changes to Art 74 are high-yield. The Samsher Singh case (1974) and the D.C. Wadhwa case (1987) on ordinances are frequently tested.