President of India — Executive, Legislative, Judicial, Emergency, Veto Powers

The President of India is the head of state and the first citizen. Kerala PSC frequently tests the President’s powers with specific article numbers. This is a very high-yield topic. Expect 3-5 questions per paper.

Basic Facts

Feature	Details
Article	52 — There shall be a President of India
Article 53	Executive power of the Union vested in the President
Qualification	Citizen of India, 35+ years, qualified for Lok Sabha membership, no office of profit
Election	Indirect — by Electoral College (elected MPs of both Houses + elected MLAs of all States + Delhi and Puducherry)
Electoral College value	Total value of votes of MPs = Total value of votes of MLAs
Term	5 years (eligible for re-election)
Oath	Administered by the Chief Justice of India (Article 60)
Salary	Rs 5,00,000 per month (since 2018)
Removal	Impeachment (Article 61) — for “violation of the Constitution”
Impeachment process	Resolution by either House (14-day notice, signed by 1/4 members), passed by 2/3 majority in originating House, then investigated and passed by 2/3 majority in the other House

1. Executive Powers (Article 53, 74, 75, 77)

Power	Article	Details
Head of Executive	53	All executive actions taken in the name of the President
Appoints PM	75	Appoints the Prime Minister and other Council of Ministers on PM’s advice
Aid and Advice	74	President acts on aid and advice of Council of Ministers (42nd Amendment made this binding; 44th Amendment allows President to return advice once for reconsideration)
Appoints	—	Attorney General (Art 76), CAG (Art 148), Governors (Art 155), SC/HC Judges (Art 124/217), CEC and ECs (Art 324), UPSC Chairman (Art 316), Finance Commission Chairman (Art 280)
Supreme Commander	—	Of the Armed Forces
Appoints Ambassadors	—	And receives credentials of foreign diplomats
Administers UTs	239	Through administrators appointed by President

Key Appointments by President

Appointment	Article
Prime Minister	75(1)
Council of Ministers	75(1) (on PM’s advice)
Attorney General	76
CAG	148
Governors of States	155
Judges of Supreme Court	124(2)
Judges of High Courts	217(1)
Chief Election Commissioner	324(2)
UPSC Chairman and members	316
Finance Commission Chairman	280
Inter-State Council	263
National Commission for SCs	338
National Commission for STs	338A

2. Legislative Powers (Articles 79, 85, 86, 108, 111, 123)

Power	Article	Details
Part of Parliament	79	Parliament = President + Lok Sabha + Rajya Sabha
Summons sessions	85	President summons each House; also prorogues
Dissolves Lok Sabha	85(2)	Only Lok Sabha can be dissolved (Rajya Sabha is permanent)
Addresses Parliament	86	At the commencement of first session each year and after general election
Joint sitting	108	President can summon joint sitting (presided over by Lok Sabha Speaker) to resolve deadlock between Houses
Nominates members	80(1)(a), 331	12 members to Rajya Sabha (art, literature, science, social service); 2 Anglo-Indians to Lok Sabha (removed by 104th Amendment, 2019)
Assent to Bills	111	President may give assent, withhold assent, or return the bill (if not a Money Bill)
Ordinance power	123	When Parliament is not in session (detailed below)
Lays reports	—	CAG report, Finance Commission report, UPSC report, etc. laid before Parliament on President’s direction
Prior recommendation	117(1)	Money Bills can only be introduced with President’s prior recommendation

President’s Veto Powers (Article 111)

Type of Veto	Description	Usage in India
Absolute Veto	President withholds assent to a bill; bill does not become law	Used by President Zail Singh on Indian Post Office (Amendment) Bill, 1986
Suspensive Veto	President returns bill for reconsideration; if Parliament passes it again (with or without amendments), President MUST give assent	Available for ordinary bills only; NOT for Money Bills
Pocket Veto	President neither gives assent nor returns the bill; takes no action; bill remains pending indefinitely	Used by President Zail Singh on Indian Post Office (Amendment) Bill
No veto on Money Bills	President cannot return a Money Bill; must give assent (since it comes with President’s prior recommendation)	—
State Bills reserved by Governor	If Governor reserves a state bill for President’s consideration, President can give assent, withhold, or return; if state legislature re-passes, President is NOT obligated to give assent	Different from Union Bills

3. Judicial Powers (Articles 72, 124, 143)

Power	Article	Details
Pardoning Power	72	President can grant pardon, reprieve, respite, remission, or commutation of sentence
Scope of Article 72	—	In cases of court martial; offenses against Union law; death sentences
Appoints SC Judges	124	On advice of collegium (CJI + 4 senior judges)
Advisory jurisdiction	143	President can seek opinion of Supreme Court on questions of law or fact (not binding on President to accept)

Pardoning Powers — Detailed (Article 72)

Term	Meaning
Pardon	Completely absolves the person of all punishment and disqualifications
Commutation	Substitutes a lighter form of punishment (e.g., death sentence to life imprisonment)
Remission	Reduces the period of sentence without changing its nature
Respite	Awards a lesser sentence due to special reason (e.g., pregnancy, illness)
Reprieve	Temporary stay of execution (postpones sentence)

President vs Governor pardoning:

Feature	President (Art 72)	Governor (Art 161)
Court martial	Yes	No
Death sentence	Can pardon	Can suspend/remit but NOT pardon a death sentence
Scope	Union laws	State laws

4. Emergency Powers (Articles 352, 356, 360)

Type	Article	Trigger	Duration
National Emergency	352	War, external aggression, or armed rebellion	Initial: 1 month (must be approved by Parliament within 1 month by special majority); then 6 months at a time (unlimited extensions with parliamentary approval)
President’s Rule (State Emergency)	356	Failure of constitutional machinery in a state	Initial: 6 months; maximum 3 years (with Parliament approval every 6 months); beyond 1 year only if national emergency in force or Election Commission certifies elections cannot be held
Financial Emergency	360	Threat to financial stability or credit of India	Must be approved by Parliament within 2 months; remains in force until revoked; NEVER declared so far

National Emergency — Key Details

Aspect	Details
Proclamation by	President (on written advice of Cabinet — 44th Amendment)
Earlier term	”Internal disturbance” was replaced by “armed rebellion” by 44th Amendment (1978)
Effect on Fundamental Rights	Article 358: Art 19 automatically suspended during external emergency; Article 359: President can suspend enforcement of other FRs (except Art 20 and 21 — added by 44th Amendment)
Declared	3 times — 1962 (China war), 1971 (Pakistan war), 1975 (internal emergency by Indira Gandhi)
1975 Emergency	Most controversial; 25 June 1975 to 21 March 1977; led to 44th Amendment safeguards

President’s Rule — Key Details

Aspect	Details
Proclaimed under	Article 356 (on Governor’s report or otherwise)
State Legislature	Can be dissolved or kept in suspended animation
State executive	Dismissed; President acts through Governor
Parliament	Takes over state legislative functions
Judicial review	S.R. Bommai v. Union of India (1994) — SC held President’s Rule is subject to judicial review
Maximum duration	3 years

5. Ordinance Power (Article 123)

Feature	Details
When	When Parliament is NOT in session (either House or both)
Effect	Same force as an Act of Parliament
Validity	Must be placed before Parliament within 6 weeks of reassembly; lapses if not approved
Maximum life	6 months + 6 weeks (if issued just after session ends and next session is at maximum gap)
Limitations	Cannot be promulgated on matters Parliament itself cannot legislate on; subject to Fundamental Rights
Re-promulgation	SC held repeated re-promulgation without placing before Parliament is unconstitutional (Krishna Kumar Singh case, 2017)
Prior recommendation	President acts on Cabinet advice (Article 74)

6. Diplomatic and Military Powers

Power	Details
Treaties and agreements	Negotiated and concluded in the name of the President (subject to Parliament approval)
Supreme Commander	Of Army, Navy, and Air Force
Declares war	On advice of Council of Ministers (Parliament authorization required)
Appoints Chiefs	Of Army, Navy, Air Force Staff

PSC Quick Recall

Question	Answer
President’s oath administered by	Chief Justice of India
Impeachment under which article?	Article 61
Impeachment ground	Violation of the Constitution
President acts on whose advice?	Council of Ministers (Article 74)
Money Bill requires whose recommendation?	President
Pocket Veto was used by	President Zail Singh
President nominates how many to Rajya Sabha?	12 members
Pardoning power article	Article 72
Governor cannot pardon	Death sentences
National Emergency declared how many times?	3 times (1962, 1971, 1975)
Financial Emergency declared?	Never
President’s Rule maximum duration	3 years
S.R. Bommai case relates to	Judicial review of President’s Rule
Ordinance validity	6 weeks after Parliament reassembles
Joint sitting called under	Article 108
Article 143 relates to	President seeking SC advisory opinion

Related Notes

Hub: Indian Polity — Complete Guide for Kerala PSC

More on The Union Executive:

• Union Executive
• Governor President Compared
• Attorney General

Practice this topic: Union Executive Quiz