The President: election, term and powers
The President is the Head of the State, chosen indirectly by an Electoral College for five years. All executive action of the Union is taken in the President's name.
How the President is elected
- 1The Electoral College is formed: the elected MPs of the Lok Sabha and the Rajya Sabha, and the elected MLAs of the States, Delhi and Puducherry.
- 2Only elected members vote. Nominated members do not.
- 3Each member votes by secret ballot, marking the candidates in order of preference.
- 4★Votes are counted by proportional representation by means of the single transferable vote.A candidate needs a fixed quota of votes. If no one reaches it, the weakest candidate drops out and those votes pass to the next preference.
- 5The winner holds office for five years and stays on until the successor takes over.
★ key step
Term, vacancy and who acts
- The term is five years. A person who holds or has held the office can be re-elected.
- The office falls vacant on death, resignation or removal by impeachment.
- Impeachment is a resolution to remove the President for an act against the Constitution. Both Houses must pass it by a special majority.
- In a vacancy, the Vice President acts as President until a new President takes office, but for not more than six months.
- The President's pay and allowances are fixed by a law of Parliament. The official home is Rashtrapati Bhavan in New Delhi.
- Dr Rajendra Prasad was the first President and served two terms in a row. The 12th President was the first woman to hold the office.
The four kinds of ordinary powers
| Power | What the President does |
|---|---|
| Executive | Appoints the Prime Minister and, on the PM's advice, the other ministers. Appoints Governors, the Attorney General, the Comptroller and Auditor General, ambassadors, UPSC members, and judges of the Supreme Court and High Courts. Is supreme commander of the armed forces and appoints the chiefs of the Army, Navy and Air Force. |
| Legislative | Addresses Parliament, summons and prorogues its sessions, dissolves the Lok Sabha on advice, gives assent to bills, calls a joint sitting when the Houses disagree, and issues ordinances when Parliament is not in session. |
| Financial | No money bill can be introduced in the Lok Sabha without the President's prior recommendation. The Budget is laid before the Lok Sabha with the President's consent. |
| Judicial | Can pardon a convicted person, or suspend, reduce or change a sentence, even one given by a military court. |
Whom the President can remove
- A Minister, the Attorney General and the Governors of States.
- The Chairman and members of the UPSC, on the report of the Supreme Court.
- Judges of the Supreme Court and High Courts, and the Chief Election Commissioner, only after an address passed by each House of Parliament.
- All treaties and diplomatic work are also carried out in the President's name.
Four words learners mix up
On Republic Day, 26 January, the President takes the salute at the parade in New Delhi. India is a republic because its Head of State is elected, not born to the post as in Britain.
1 marks: “Which body elects the President of India?” An Electoral College of the elected members of both Houses of Parliament, of the State Legislative Assemblies, and of the Assemblies of Delhi and Puducherry.
2 marks: “What is an ordinance? When can the President issue one?” An ordinance is a law issued by the President on the advice of the Council of Ministers. It is issued only when Parliament is not in session and a law is needed at once. It ends unless Parliament approves it within six weeks of meeting.
3 marks: “Describe any three powers of the President of India, one from each of three kinds.” Executive: appoints the Prime Minister, other ministers, Governors and Supreme Court judges. Legislative: summons and prorogues Parliament, gives assent to bills, issues ordinances. Financial: recommends money bills and lets the Budget be laid. (Judicial: pardons or reduces sentences.)
President's ordinary powers are E-L-F-J: Executive, Legislative, Financial, Judicial. Emergency powers come on top.