President

Who constitutes the Union Executive?

The Union Executive consists of the President, Vice-President, Prime Minister, Council of Ministers, and Attorney General of India.

Who is the head of the State in India?

The President is the head of the State.

Why is the President called the first citizen of India?

The President acts as the symbol of unity, integrity, and solidarity of the nation.

What does Article 52 of the Constitution state?

Article 52 states that there shall be a President of India (POI).

What happens if there is a vacancy in the President's office?

As per Article 65(1), the Vice-President assumes the role temporarily.

What happens if both the President and Vice-President's offices are vacant?

The Chief Justice of India (CJI) and 30 other judges handle the responsibilities under the President (Discharge of Functions) Act, 1969.

What are the qualifications required to become the President of India?

The person must be:

• At least 35 years old.
• A citizen of India.
• Not holding an office of profit.
• Eligible to become a member of the Lok Sabha.

What are the nomination requirements for the President?

The nomination must be subscribed by 50 electors as proposers and 50 electors as seconders.

Who forms the Electoral College for the President's election?

The Electoral College consists of:

• Elected Members of Parliament (MPs) from Lok Sabha and Rajya Sabha.
• Members of Legislative Assemblies (MLAs) of State Legislatures.
• MLAs from the Delhi and Puducherry Assemblies.

Are nominated members part of the Electoral College for the President?

No, nominated members are not part of the Electoral College.

What is the value of the vote of an MP?

The value is calculated as: $$ \frac{\text{Total value of votes of all MLAs of all states}}{\text{Total number of elected members of Parliament}} $$

What is the value of the vote of an MLA?

The value is calculated by: $$ \frac{\text{Total population of state}}{\text{Total number of elected members in the state legislative assembly}} \times \frac{1}{1000} $$

What happens in case of a dispute regarding the value of votes?

The dispute is resolved by the Supreme Court under Article 71.

Can the value of votes be challenged on the ground of an incomplete Electoral College?

No, it cannot be challenged on that ground.

Who administers the oath of office?

The oath is administered by the President, with the Chief Justice of India (CJI) also involved.

What is the Electoral quota?

The Electoral quota is calculated by: $$ \frac{\text{Total number of valid votes polled}}{\text{Total number of seats}} + 1 $$

What are the conditions for a person to become President?

The person should not be a member of either House of Parliament or any State legislature.

What happens if a person elected as President is a member of Parliament?

They are deemed to have vacated their seat in that House on the date they assume office as President.

Can the President hold any other office of profit?

No, the President should not hold any other office of profit.

What are the entitlements of the President regarding residence?

The President is entitled to use the official residence (Rashtrapati Bhavan) without paying rent.

What kind of financial benefits does the President receive?

The President is entitled to emoluments, allowances, and privileges as determined by Parliament, which cannot be diminished during their term.

What is the term duration for the President?

The President serves for 5 years, and can hold office beyond 5 years until a new President is elected.

Can the President be re-elected?

Yes, the President can be re-elected after serving a term.

What is the process of impeachment of the President?

Impeachment can be initiated by either House of Parliament with a ¼ majority. A notice is given, and if 2/3 of members in both Houses approve, the President is impeached.

Under what circumstances can the President be impeached?

The President can be impeached for violating the Constitution (Article 56).

What are the executive powers of the President?

The President exercises executive powers under Article 53, with decisions made in the name of the President, such as appointing the PM, ministers, and other key officials.

What role does the President play in administration and legislation?

The President appoints a commission to investigate SCs, STs, and backward classes, and administers union territories directly through appointed administrators.

What are the legislative powers of the President?

The President can summon or prorogue Parliament, address it, nominate members to Rajya Sabha, and give assent to bills or withhold assent.

What are the financial powers of the President?

The President gives prior approval for money bills, lays the Union Budget, and recommends grants and advances from the CFI.

What is the President’s power in the judicial sphere?

The President appoints judges, seeks advice from the SC, and has pardoning powers under Article 72.

What are the types of pardoning powers the President holds?

The President can grant a pardon, commutation, remission, reprieve, or respite in judicial matters.

What diplomatic powers does the President have?

The President negotiates international treaties, represents India abroad, and handles diplomatic relations.

What military powers does the President hold?

The President is the Supreme Commander of India’s defense forces, appoints military chiefs, and can declare war or conclude peace with Parliament’s approval.

What emergency powers does the President possess?

The President can exercise powers during national emergencies, President’s rule, and financial emergencies.

What is the veto power of the President?

The President can assent to bills, withhold them, or return them for reconsideration by Parliament (Article 111).

What is Absolute Veto?

It is when the President withholds assent to a bill, effectively rejecting it.

What is Suspensive Veto?

It is when the President returns a bill for reconsideration by Parliament.

What is Pocket Veto?

It is when the President keeps a bill pending indefinitely without taking action.

What is the Presidential veto over state legislation?

The Governor can reserve a bill for the President's reconsideration, who may withhold assent, give assent, or return it.

What is the term of office for the President?

The term is defined in Article 56 of the Constitution.

What does Article 59 address?

It describes the conditions of the President's office.

What does Article 60 specify?

It details the oath or affirmation taken by the President.

What is the role of the Vice President according to Article 65?

The Vice President acts as the President when the President is absent.

What powers does the President have regarding pardons?

Article 72 grants the President the power to pardon individuals convicted of offenses, including death sentences, under Union laws and court martial sentences.

What are the different types of pardoning powers?

Pardon, commutation, remission, respite, and reprieve are the five types of pardoning powers.

What is a Pardon?

A pardon removes both the sentence and conviction, completely absolving the convict.

What is Commutation?

Commutation substitutes a punishment with a lighter one.

What is Remission?

Remission reduces the duration of a sentence without changing its nature.

What is Respite?

Respite awards a lesser sentence due to special circumstances like physical disability or pregnancy.

What is Reprieve?

Reprieve temporarily stays the execution of a sentence, especially for death sentences.

What does the Supreme Court say about Presidential power?

The SC states that the President's power to pardon is independent of the judiciary and exercised on Cabinet advice.

Can a petitioner for mercy get an oral hearing from the President?

No, the petitioner does not have a right to an oral hearing.

What is required for the President to exercise his pardoning power?

The President exercises this power on the advice of the Union Cabinet and is not bound to give reasons for his decision.

Is the President’s decision on pardoning subject to judicial review?

It is not subject to judicial review unless the decision is arbitrary, irrational, mala fide, or discriminatory.

Can a petitioner reapply for mercy if their petition is rejected?

No, once a petition is rejected, the petitioner cannot file another petition to stay the decision.

What is the President's Ordinance-making power?

The President can issue ordinances with the same force as Acts of Parliament during emergencies or when Parliament is not in session.

When can the President issue an ordinance?

The President can issue an ordinance when both Houses of Parliament are not in session, or when urgent circumstances require immediate action.

What limitations apply to the President's ordinance-making power?

Ordinances can only be issued on matters Parliament can legislate on and must comply with constitutional limitations, including not abridging fundamental rights.

What happens to an ordinance after it is issued?

An ordinance must be laid before both Houses of Parliament and can become an Act if approved; otherwise, it ceases after six weeks.

Can both Houses disapprove an ordinance?

Yes, both Houses can pass resolutions disapproving the ordinance, causing it to cease.