G.S.
HUB CIVIL SERVICES CLASSES
B.P.S.C. By RITESH ANAND
MENTORSHIP PROGRAM 8287417384
ANJALI JOSHI (4th Rank Holder 68th BPSC)
President of India
Union Executive: President, Vice President, Prime Article Description
Minister, Council of Ministers, Attorney General of
Provisions relating to tenure and vacancy
India. (Articles 52 to 78 in Part V of the Constitution) Article 62
of office of the President.
The President is the constitutional head of India
and he has been called the first citizen of India. -
Constitutional Status: Election of President:
• Article 52: There shall be a President of India. Electoral College (Article 54):
• Article 53: The executive power of the Union • Elected members of both Houses of
of India shall be vested in the President. Parliament.
• The President is the Supreme Commander of • Elected members of the Legislative
the Armed Forces. Assemblies of States and Union Territories
• He appoints the Prime Minister and other (Delhi and Puducherry).
ministers on his advice. • Nominated members do not vote in this
• He appoints the Governors, judges of the election.
Supreme Court and the High Courts. Method of Voting (Article 55):
• The post of the President is ceremonial, the real • By means of the single transferable vote by a
executive power is vested in the Prime Minister system of proportional representation.
and the Council of Ministers. • There is a secret ballot.
• The President is a symbol of unity, integrity • Each elector votes according to his preference.
and sovereignty of the nation. • The candidate who gets the majority is
declared elected.
Qualifications (Article 58):
Article Description
• Be a citizen of India.
Article 52 There shall be a President of India. • Age should be at least 35 years.
The executive power of the Union shall • Be eligible to become a member of the Lok
Article 53
be vested in the President. Sabha.
The President shall be elected by an • Holds no office of profit (with a few
electoral college consisting of elected exceptions: current President, Vice President,
Article 54 members of both Houses of Parliament Governor, Minister).
and elected members of the Legislative Conditions of Nomination (Article 58):
Assemblies of the States. • A candidate must have 50 proposers and 50
supporters, who are members of the electoral
Article 55 Procedure for Election of President. college.
The term of office of the President will be Security deposit: Rs 15,000 with the Reserve Bank of
Article 56
five years. India, if one fails to receive one-sixth of the voted
A person who has held or has been security deposit, will be forfeited.
elected President shall be eligible for re-
Article 57 Oath (Article 60):
election subject to other provisions of the
Constitution. Before becoming President, a person takes an oath that
he -
Qualifications for election to the post of
Article 58 The office of the President shall be done with
President.
sincerity,
Article 59 Presidential Terms. • to protect, preserve and uphold the Constitution
Article 60 Oath of the President. and law of India;
• It will dedicate itself to the service and well-
Procedure for Impeachment of the
Article 61 being of the people of India.
President.
Add- New Chanakya Nagar, M. N. Roy Gali, Begusarai
G.S. HUB CIVIL SERVICES CLASSES
B.P.S.C. By RITESH ANAND
MENTORSHIP PROGRAM 8287417384
ANJALI JOSHI (4th Rank Holder 68th BPSC)
Terms of office (Article 59): No President of India has ever been impeached.
• He should not be a member of Parliament or
any Legislative Assembly of the State. Powers of the President
• If elected, his membership ceases to exist from Executive Powers
the day he enters office. According to Article 53, all the executive powers of
• No one else can hold an office of profit. the Union shall be vested in the President of India.
• The President gets an official residence The President is the Supreme Commander of all the
(Rashtrapati Bhavan) without paying rent. armed forces .
• He gets salary, allowances and privileges
which are determined by the Parliament. Legislative Powers
• There can be no reduction in pay and • Article 79: The President is part of the
allowances during the tenure. Parliament along with the Lok Sabha and the
Rajya Sabha.
Tenure & Vacancy: • Article 85: The President may summon,
Tenure (Articles 56-57): prorogue or dissolve one or both Houses of
• The term of office of the President is five Parliament from time to time.
years. • Article 86: The President can address both
• He may be re-elected. the Houses of Parliament and send messages
• He can resign by writing to the Vice President. to them.
• He can remain in office until the successor • Article 111: The President can assent, make
takes charge. bills into law, refuse assent or return them for
Reasons for Vacancy (Article 62): reconsideration.
1. End of tenure • Article 123: When Parliament is not in session,
2. Resign the President can promulgate ordinances,
3. Removal by impeachment which have the same power and effect as laws
4. Dying passed by Parliament.
5. Disqualification or cancellation of election
Pardon Power (Article 72)
Procedure for Impeachment (Article 61): The President has the power to grant pardons,
• There can be impeachment only on the ground commutation, remissions, respites or alteration of
of violation of the Constitution (there is no sentences in the following cases:
clear definition of violation in the • When a person has been punished by a
Constitution). military court-martial.
• The process can be initiated in either House of • When an offence relates to a matter to which
Parliament. the executive power of the Union applies.
• The motion must be signed by at least one- • When a person has been sentenced to death.
fourth of the members of the House.
• The President has to give 14 days' notice.
• The President has a right to reply in person.
• If the motion is passed by a two-thirds majority
of the total number of members of both the
Houses, then the President can be removed
from the post.
• The process is quasi-judicial.
• Nominated members of parliament can
participate in it, but cannot vote in the
presidential election.
• The State Assemblies do not participate in this
process.
Add- New Chanakya Nagar, M. N. Roy Gali, Begusarai
G.S. HUB CIVIL SERVICES CLASSES
B.P.S.C. By RITESH ANAND
MENTORSHIP PROGRAM 8287417384
ANJALI JOSHI (4th Rank Holder 68th BPSC)
Types of Forgiveness Types Description
Pardon: Forgive. The President shall compulsorily
Commutation: Changing the nature of punishment Constitution
give assent (24th Amendment,
such as changing the death penalty to rigorous Amendment Bill
1971).
imprisonment.
Remission: Changing the duration of the sentence
such as conversion of 2 years of rigorous President's veto on State Bill (Article 201)
imprisonment to 1 year of rigorous imprisonment. If the Governor sends the Bill to the President, the
Respite: Reducing the punishment due to special President:
circumstances such as physical disability or due to 1. Can give consent
pregnancy of women. 2. Can reject
Reprieve: To postpone a punishment for a period 3. Can send it back for reconsideration
of time, such as a penalty of death. – But S/He is not obliged to give consent even
• It is the power of the Executive, apart from
if it is passed again.
the Judiciary.
• This power will be exercised by the
Power of Ordinance – Article 123
President/Governor on the advice of the Key Terms:
• The President can promulgate ordinances when
Union Council of Ministers.
• The President/Governor is not bound to grant
both the Houses of Parliament are not in
pardon at his discretion. session.
• An ordinance cannot be promulgated if either
There can be no judicial test of this power of the
President/Governor provided the belief is that the of the two Houses of Parliament is in session.
decision of the President/Governor is arbitrary,
without discretion, mala fide or coercive. Key facts:
1. An ordinance can be promulgated only when
the President feels it necessary to act urgently
Veto Power – Article 111
(as per the 44th Constitutional Amendment
The President has 3 options on bills passed by the
Act).
Parliament :
2. It applies only to subjects on which Parliament
1. Giving assent – The bill becomes law.
can legislate.
2. Withholding of consent (Excessive Veto) –
3. Ordinances have the same effect as an Act
The bill lapses.
made by Parliament.
3. Recall (Suspensive Veto) – If the Parliament
4. The President can withdraw it at any time, but
passes it again, the President has to give his
only on the advice of the Prime Minister can it
assent.
be issued or withdrawn.
On a Money Bill, the President can only accept/reject,
5. The ordinance is required to be presented
not send it back.
before the Parliament after the Parliament
resumes its session.
Types of veto
o If it is not passed by both the Houses
Types Description within 6 weeks, it will lapse
The President rejects the Bill in automatically.
Absolute Veto
its entirety. 6. The Constitution cannot be amended by an
Return the Bill to Parliament for Ordinance.
Suspensive veto 7. The ordinance may also come into force with
reconsideration.
retrospective effect (retrospective effect).
Don't take any decision, hold it
Pocket Veto
on indefinitely.
Important Judicial Decisions:
It's not in India, it's in the United The Kapoor Case (1970)
Special Veto
States.
Add- New Chanakya Nagar, M. N. Roy Gali, Begusarai
G.S. HUB CIVIL SERVICES CLASSES
B.P.S.C. By RITESH ANAND
MENTORSHIP PROGRAM 8287417384
ANJALI JOSHI (4th Rank Holder 68th BPSC)
• The Supreme Court said that the issuance of an 2. President's Rule in the State (Article 356):
ordinance is not the personal wish of the When the government of a state is not able to
President, it is based on the advice of the function according to the Constitution.
Council of Ministers. 3. Financial Emergency (Article 360): When
DC Wadhwa Case (1987) the financial stability of the country or the
• The apex court said that repeated re- credit system is threatened.
promulgation of ordinances without discussion
was violative of the Constitution. Judicial Powers
Under Article 143, the President has the power to
Emergency Powers consult the Supreme Court:
The Indian Constitution provides three types of • In legal matters
emergency powers to the President: • In Constitutional Matters
1. National Emergency (Article 352): Can be • In matters of public importance
declared in the event of war, external
aggression or armed rebellion.
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