President & Vice-President of India (Articles 52-78): Election, Veto, Ordinance & Pardoning Powers (UPSC Polity)

The Union Executive & Who Elects the President

🎯 Exam priority: Important. The Executive has yielded about ten Prelims questions in the last decade, and the election of the President is the single most repeated theme within it — asked in 2018 and again in 2023, both times on the value of votes. The 2025 paper went to the pardoning power under Article 72. Learn the electoral college, the two vote-value formulae, the three vetoes and the five pardoning powers cold; they are where the marks actually sit.

Articles 52 to 78 in Part V of the Constitution deal with the Union executive, which consists of the President, the Vice-President, the Prime Minister, the council of ministers and the Attorney General of India. The President is the head of the Indian State — the first citizen of India, and the symbol of the unity, integrity and solidarity of the nation.

Who elects the President — and who does NOT

• The President is not elected directly by the people but by an electoral college consisting of three groups: the elected members of both Houses of Parliament; the elected members of the legislative assemblies of the states; and the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

• The exclusions are where the marks are. Four categories do NOT take part: nominated members of either House of Parliament; nominated members of the state legislative assemblies; all members of the state legislative councils, whether elected or nominated; and nominated members of the Puducherry assembly. (The Delhi assembly has no nominated members at all.)

• Where an assembly stands dissolved, its former members cease to be qualified to vote in the presidential election — even if fresh elections have not been held before it.

• Note a related change: the 104th Amendment (2019) did not extend the nomination of Anglo-Indian members to the Lok Sabha and state assemblies, so that special representation ceased to have effect on 25 January 2020.

The Value of a Vote, the Method & Why Indirect Election

The Constitution insists on two kinds of balance in this election — uniformity in the scale of representation across the states, and parity between the states as a whole and the Union. Two formulae deliver it.

The value of a vote — the two formulae

• For an MLA: every elected member of a state assembly has as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of that assembly. So the value rises with population and falls as the number of seats rises.

• For an MP: every elected member of either House has the number of votes obtained by dividing the total value of all MLAs' votes by the total number of elected members of both Houses. Because it is one shared figure, a Lok Sabha MP's vote and a Rajya Sabha MP's vote are worth exactly the same — a point UPSC tested directly in 2018.

• The method: proportional representation by means of the single transferable vote, with voting by secret ballot. This ensures the winner is returned by an absolute majority. A candidate must secure a fixed quota — the total valid votes divided by (seats to be filled + 1), plus one.

• Counting: each elector gets one ballot and marks preferences 1, 2, 3 and so on. First-preference votes are counted first; if nobody reaches the quota, the ballots of the candidate with the fewest first preferences are cancelled and their second preferences transferred, and so on until someone reaches the quota.

• Disputes about the election are enquired into and decided by the Supreme Court, whose decision is final. The election cannot be challenged on the ground that the electoral college was incomplete (i.e. that vacancies existed), and if an election is later declared void, acts done by that President before the declaration remain valid.

• Why indirect? The Constituent Assembly chose it for two reasons: it harmonises with the parliamentary system, where the President is only a nominal executive and real power lies with the council of ministers — it would be anomalous to elect him directly and give him no real power; and a direct election over so vast an electorate would be costly and time-consuming for a symbolic head. Election by MPs alone was also rejected, because a Parliament dominated by one party would pick its own candidate and such a President could not represent the states.

• A candid criticism from the Assembly itself: "proportional representation" is really a misnomer here, since PR needs two or more seats to fill and only one President is elected — it is better called a preferential or alternative vote system. Likewise "single transferable vote" was objected to, since no voter has a single vote; every voter has plural votes.

Qualifications, Term, Impeachment & Vacancy

Getting elected requires meeting four qualifications; staying in office is governed by a five-year term that can be cut short only one way.

Qualifications, term, impeachment and vacancy

• Qualifications: a citizen of India; has completed 35 years of age; is qualified for election as a member of the Lok Sabha; and holds no office of profit under the Union, a state, a local authority or any other public authority. A sitting President or Vice-President, a state Governor, and a Union or state minister are not deemed to hold an office of profit, so each may stand.

• Nomination: must be subscribed by at least 50 electors as proposers and 50 as seconders, with a security deposit of ₹15,000 in the Reserve Bank of India, liable to forfeiture.

• Term: five years from the date of entering office. He may resign by writing to the Vice-President, and may be removed only by impeachment. He continues in office beyond five years until a successor takes charge, and is eligible for re-election any number of times — unlike in the USA, where no one may be elected President more than twice.

• Impeachment lies on one ground only — "violation of the Constitution" — a phrase the Constitution nowhere defines. Charges may be initiated by either House, must be signed by one-fourth of that House's members, and require 14 days' notice to the President. The framing House must pass the resolution by a two-thirds majority of its total membership; the other House then investigates the charges, with the President entitled to appear and be represented; if it too passes the resolution by two-thirds of its total membership, the President stands removed from that date.

• Two impeachment quirks worth memorising. Nominated members of either House CAN participate in the impeachment, though they cannot vote in the election. And the elected members of the state and UT assemblies CANNOT participate in the impeachment, though they do vote in the election. No President has ever been impeached.

• Vacancy arises on expiry of the term, by resignation, by removal, by death, or otherwise (disqualification, or the election being declared void). If the vacancy is caused by expiry of the term, the election must be held before expiry; if it is delayed, the outgoing President simply continues to prevent an interregnum — and the Vice-President gets no chance to act. If the vacancy arises by resignation, removal, death or otherwise, the election must be held within six months, the Vice-President acts as President meanwhile, and the new President then serves a full five-year term. Should the Vice-President's office also be vacant, the Chief Justice of India acts.

The Heads of Presidential Power

On paper the President's powers are sweeping. In practice almost all are exercised on the advice of the council of ministers — but the exam tests the paper.

The heads of presidential power

• Executive. All executive action of the Union is formally taken in the President's name; Article 53 vests the executive power of the Union in the President — not in the Prime Minister, a distinction UPSC tested in 2015. He appoints the Prime Minister and, on the PM's advice, the other ministers; he also appoints the Attorney General, the CAG, the Chief Election Commissioner and Election Commissioners, state Governors, the chairman and members of the UPSC, and the Finance Commission.

• Legislative. He summons and prorogues Parliament, dissolves the Lok Sabha, and may summon a joint sitting of the two Houses (presided over by the Speaker) to resolve a deadlock on an ordinary bill. He nominates twelve members to the Rajya Sabha for special knowledge in literature, science, art and social service. Certain bills — money bills, and bills altering state boundaries — need his prior recommendation before introduction.

• Financial. A money bill cannot be introduced without his prior recommendation. He causes the annual financial statement (Budget) to be laid before Parliament, and no demand for a grant can be made except on his recommendation. He also constitutes a Finance Commission every five years.

• Judicial. He appoints the Chief Justice and the judges of the Supreme Court and the High Courts, may seek the Supreme Court's advice on any question of law or fact under Article 143 (the advice is not binding on him), and holds the pardoning power under Article 72.

• Diplomatic and military. International treaties and agreements are negotiated and concluded in his name, subject to Parliament's approval, and he represents India in international forums. He is the supreme commander of the defence forces and appoints the chiefs of the Army, Navy and Air Force — but declaring war or concluding peace is subject to Parliament's approval.

• Emergency. He may proclaim a National Emergency (Article 352), President's Rule (Articles 356 and 365) and a Financial Emergency (Article 360).

Veto Power — and the Assent Question of 2025

Two of the President's powers are worth separating out because the exam returns to them relentlessly — the veto and the ordinance.

Veto power — India has three of the four

• A bill passed by Parliament becomes an Act only on the President's assent. Under Article 111 he has three alternatives: give assent; withhold assent; or return the bill (if it is not a money bill) for reconsideration. If the Houses pass it again, with or without amendment, he must give assent. The purpose of the veto is two-fold — to prevent hasty and ill-considered legislation, and to prevent legislation that may be unconstitutional.

• The four types of veto known to modern executives are: absolute (withholding assent outright), qualified (overridable by the legislature with a higher majority), suspensive (overridable with an ordinary majority) and pocket (simply taking no action at all).

• The Indian President has three of these — absolute, suspensive and pocket. He does NOT have the qualified veto, which belongs to the American President. That single sentence answers most veto questions.

• On state bills reserved by a Governor under Article 201, the President's options differ by bill type: an ordinary bill may be ratified, rejected or returned; a money bill may be ratified or rejected but not returned; and a constitutional amendment bill can only be ratified — it can be neither rejected nor returned (and cannot be introduced in a state legislature anyway).

• Currency — a 2025 development the standard texts predate. After a April 2025 judgement set outer timelines for a Governor and the President to act on state bills, the President invoked the Supreme Court's advisory jurisdiction under Article 143, referring fourteen questions on Articles 200 and 201. On 20 November 2025 a five-judge bench delivered its opinion: the Court cannot impose timelines on the President or a Governor for deciding whether to assent to bills. Know both the reference and its outcome — this is exactly the kind of recent constitutional development the exam likes.

Ordinance-Making Power (Article 123)

The ordinance is the President's most important legislative power — and the most constrained.

Ordinance-making power (Article 123) — four limitations

• Article 123 empowers the President to promulgate ordinances during the recess of Parliament. They have the same force and effect as an Act of Parliament, but are temporary laws. Four limitations bind the power.

• One — only when Parliament is not in session. He may act when both Houses are not in session, or either House is not in session (since a law needs both). An ordinance made when both Houses are in session is void. So the power is not a parallel power of legislation.

• Two — only on satisfaction that immediate action is necessary. In the Cooper case (1970) the Supreme Court held that this satisfaction can be questioned in court on the ground of malafide — for instance, if a House was prorogued deliberately to bypass Parliament. The 38th Amendment (1975) tried to make the satisfaction final and beyond judicial review, but the 44th Amendment (1978) deleted that, so the satisfaction is once again justiciable for malafide.

• Three — co-extensive with Parliament's law-making power. An ordinance can be issued only on subjects on which Parliament can legislate, and is subject to the same constitutional limits — so it cannot abridge or take away any Fundamental Right, and it cannot be used to amend the Constitution. It may, however, be retrospective, may modify or repeal an Act or another ordinance, and may alter a tax law.

• Four — it must be laid before Parliament. Every ordinance must be laid before both Houses when they reassemble. If approved, it becomes an Act. If Parliament does nothing, it ceases to operate six weeks from reassembly; it may lapse earlier if both Houses pass disapproving resolutions. Where the Houses reassemble on different dates, the six weeks run from the later date. The maximum life of an ordinance is therefore six months and six weeks — six months being the longest permitted gap between sessions. If an ordinance lapses without being laid, acts already done and completed under it remain valid.

• The President may withdraw an ordinance at any time, and the power is not discretionary — he promulgates or withdraws only on the advice of the council of ministers. Ambedkar defended the power in the Constituent Assembly as a way to let the executive meet a situation arising suddenly when Parliament is not sitting; it has no necessary connection with a national emergency, and may be used with no war, external aggression or armed rebellion in sight. The power is unusual — it is not found in most democratic constitutions, including those of the USA and the UK.

• The limit on re-promulgation — D.C. Wadhwa (1986). The Court found that between 1967 and 1981 the Governor of Bihar promulgated 256 ordinances, kept alive for one to fourteen years by repeated re-promulgation. It ruled that successive re-promulgation of the same ordinance, without any attempt to get the bill passed, violates the Constitution and is liable to be struck down: the exceptional ordinance power cannot substitute for the legislature's law-making power.

Pardoning Power (Article 72)

The pardoning power is the President acting almost as a court of mercy — and the 2025 paper tested it directly.

Pardoning power (Article 72) — the five forms

• Article 72 empowers the President to grant pardons to persons tried and convicted where the punishment is for an offence against a Union law, where it is by a court martial, or where the sentence is a sentence of death. The power is independent of the judiciary — the President does not sit as a court of appeal. Its object is two-fold: to keep a door open for correcting judicial error, and to give relief from a sentence he regards as unduly harsh.

• The five forms are precise and constantly confused with one another. Pardon removes both the sentence and the conviction, absolving the convict of all punishments and disqualifications. Commutation substitutes a lighter form of punishment — death to rigorous imprisonment, rigorous to simple. Remission reduces the period without changing the character of the sentence — two years' rigorous imprisonment down to one. Respite awards a lesser sentence in place of the original on account of some special fact, such as a convict's physical disability or a woman offender's pregnancy. Reprieve is a temporary stay of execution, to let the convict seek pardon or commutation.

• Governor's power (Article 161) — the two differences. A Governor may pardon, reprieve, respite and remit punishment for offences against state law, but cannot pardon a sentence by court martial, and cannot pardon a death sentence — even where a state law prescribes it, that power lies with the President alone. The Governor can, however, suspend, remit or commute a death sentence, so on those three the two offices hold concurrent power.

• Kehar Singh (1988) settled the principles: a mercy petitioner has no right to an oral hearing; the President can examine the evidence afresh and take a view different from the court's; the power is exercised on the advice of the union cabinet; and the Court saw no need to lay down specific guidelines for its exercise.

The Vice-President (Articles 63–71)

The second-highest office in the country is also the least busy — and its differences from the presidency are the exam's whole interest in it.

The Vice-President (Articles 63 to 71)

• The Vice-President ranks next to the President in the official warrant of precedence. The office is modelled on the American Vice-President.

• Election. Like the President, he is elected indirectly — but by an electoral college consisting of the members of both Houses of Parliament only. That college differs from the President's in exactly two ways: it includes both elected AND nominated members of Parliament (the President's college has elected members only); and it excludes the state legislative assemblies altogether. The manner of election is identical — proportional representation by single transferable vote, by secret ballot.

• Ambedkar's reason for the difference: the President's power extends to the administration of both the Centre and the states, so the state legislatures should have a voice in choosing him. The Vice-President's normal function is merely to preside over the Council of States, and only rarely and temporarily does he discharge the President's duties — so the state legislatures need not take part.

• Qualifications mirror the President's with one change: he must be a citizen of India, have completed 35 years of age, hold no office of profit, and be qualified for election as a member of the Rajya Sabha (for the President, it is the Lok Sabha). Nomination needs 20 proposers and 20 seconders — not 50 and 50 — with the same ₹15,000 security deposit.

• Disputes about his election are likewise decided finally by the Supreme Court; an incomplete electoral college is no ground of challenge, and acts done before an election is declared void remain valid.

• Functions. He is the ex-officio Chairman of the Rajya Sabha, and he acts as President when a vacancy arises by resignation, removal, death or otherwise — for a maximum of six months, within which a new President must be elected. While so acting he enjoys all the President's powers and immunities and draws the President's emoluments, and he does not perform the duties of Chairman of the Rajya Sabha during that time.

Further Reading

• Standard NCERT-level texts and reference books on modern Indian history (any UPSC reading list).

Test Yourself: Practice Questions & PYQs

Test yourself on Part V's Union executive — the electoral college and the two vote-value formulae, impeachment, the three vetoes, the Article 123 ordinance power and the Article 72 pardoning power, plus the Vice-President. Work through all thirteen MCQs before revealing the answers.

Practice Questions

Q1. The executive power of the Union of India is vested in:

• (a) the Council of Ministers

• (b) the Cabinet Secretary

• (c) the President

• (d) the Prime Minister

Q2. Which of the following does NOT participate in the election of the President?

• (a) Elected members of state legislative assemblies

• (b) Elected members of the Lok Sabha

• (c) Members of the state legislative councils

• (d) Elected members of the Delhi assembly

Q3. The value of the vote of a Member of Parliament in the presidential election is:

• (a) The same for a Lok Sabha MP and a Rajya Sabha MP

• (b) Higher for a Lok Sabha MP than a Rajya Sabha MP

• (c) Higher for a Rajya Sabha MP than a Lok Sabha MP

• (d) Different for every state's MPs

Q4. A President can be removed from office by impeachment on the ground of:

• (a) Loss of confidence of the Lok Sabha

• (b) Conviction for any criminal offence

• (c) Violation of the Constitution

• (d) Proved misbehaviour or incapacity

Q5. In the impeachment of the President, which of the following is true?

• (a) Only the Lok Sabha can initiate the charges

• (b) A simple majority in both Houses suffices

• (c) Nominated members of Parliament can participate, though they cannot vote in his election

• (d) Elected members of state assemblies participate, as they do in his election

Q6. Which veto power does the Indian President NOT possess?

• (a) Pocket veto

• (b) Qualified veto

• (c) Suspensive veto

• (d) Absolute veto

Q7. An ordinance promulgated by the President ceases to operate if Parliament takes no action, at the expiry of:

• (a) Six months from promulgation

• (b) Six weeks from the reassembly of Parliament

• (c) Three months from the reassembly of Parliament

• (d) One year from promulgation

Q8. An ordinance issued when both Houses of Parliament are in session is:

• (a) Void

• (b) Valid but subject to ratification

• (c) Valid for six weeks

• (d) Valid only for money matters

Q9. In the D.C. Wadhwa case (1986), the Supreme Court held that:

• (a) An ordinance can never be retrospective

• (b) The President's satisfaction is final and beyond judicial review

• (c) Successive re-promulgation of ordinances without attempting to pass the bill violates the Constitution

• (d) Ordinances cannot be issued at all by a Governor

Q10. Which form of pardoning power removes BOTH the sentence and the conviction?

• (a) Reprieve

• (b) Commutation

• (c) Pardon

• (d) Remission

Q11. Which of the following can the President do but a Governor CANNOT?

• (a) Suspend a death sentence

• (b) Commute a death sentence

• (c) Pardon a death sentence and a sentence by court martial

• (d) Remit a sentence for an offence against state law

Q12. The electoral college for the Vice-President differs from that for the President in that it:

• (a) Is identical in composition

• (b) Includes nominated MPs and excludes state legislative assemblies

• (c) Excludes nominated MPs and includes state legislative assemblies

• (d) Includes state legislative councils

Q13. To be eligible for election as Vice-President, a person must be qualified for election as a member of the:

• (a) Lok Sabha

• (b) State Legislative Assembly

• (c) Either House

• (d) Rajya Sabha

UPSC Previous Year Questions (PYQs)

Ten questions UPSC has actually asked on the Union executive. Note the pattern the trend data shows: the ELECTION of the President is the single most repeated theme here, and it is nearly always tested through the value of votes.

Q14. Consider the following statements: 1. The Executive Power of the Union of India is vested in the Prime Minister. 2. The Prime Minister is the ex-officio Chairman of the Civil Services Board. Which is/are correct? (UPSC Prelims 2015)

• (a) 1 only

• (b) 2 only

• (c) Both 1 and 2

• (d) Neither 1 nor 2

Q15. With reference to the election of the President of India, consider the following statements: 1. The value of the vote of each MLA varies from State to State. 2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha. Which is/are correct? (UPSC Prelims 2018)

• (a) Neither 1 nor 2

• (b) Both 1 and 2

• (c) 2 only

• (d) 1 only

Q16. Consider the following statements in respect of election to the President of India: 1. Members nominated to either House of Parliament or the State Legislative Assemblies are also eligible to be included in the Electoral College. 2. The higher the number of elective Assembly seats, the higher is the value of vote of each MLA of that State. 3. The value of vote of each MLA of Madhya Pradesh is greater than that of Kerala. 4. The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total elective seats in Puducherry is greater. How many are correct? (UPSC Prelims 2023)

• (a) Only three

• (b) Only one

• (c) Only two

• (d) All four

Q17. Consider the following statements: 1. The Constitution of India classifies the ministers into four ranks, viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister. 2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 per cent of the total number of members of the Lok Sabha. Which is/are correct? (UPSC Prelims 2022)

• (a) 1 only

• (b) Neither 1 nor 2

• (c) 2 only

• (d) Both 1 and 2

Q18. Consider the following statements: 1. The Attorney General of India and the Solicitor General of India are the only officers of the Government allowed to participate in the meetings of the Parliament of India. 2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns. Which is/are correct? (UPSC Prelims 2022)

• (a) Both 1 and 2

• (b) 2 only

• (c) Neither 1 nor 2

• (d) 1 only

Q19. In the context of India, which one of the following is the characteristic appropriate for bureaucracy? (UPSC Prelims 2019)

• (a) An agency for widening the scope of parliamentary democracy

• (b) An agency for the implementation of public policy

• (c) An agency for strengthening the structure of federalism

• (d) An agency for facilitating political stability and economic growth

Q20. With reference to the Union Government, consider the following statements: 1. The N. Gopalaswamy Ayyangar Committee suggested that a minister and a secretary be designated solely for pursuing administrative reform. 2. In 1970 the Department of Personnel was constituted on the recommendation of the Administrative Reforms Commission, 1966, and was placed under the Prime Minister's charge. Which is/are correct? (UPSC Prelims 2021)

• (a) 1 only

• (b) Neither 1 nor 2

• (c) Both 1 and 2

• (d) 2 only

Q21. Which of the following is NOT correct about the President's pardoning power under Article 72? (UPSC PYQ)

• (a) The power extends to sentences by court martial

• (b) A mercy petitioner has a right to an oral hearing before the President

• (c) The power is exercised on the advice of the union cabinet

• (d) The President may examine the evidence afresh and differ from the court's view

Q22. Which of the following can the President do with a Constitutional Amendment Bill presented for assent? (UPSC PYQ)

• (a) Only ratify it — he can neither reject nor return it

• (b) Ratify or reject it, but not return it

• (c) Return it once, and reject it thereafter

• (d) Ratify, reject or return it

Q23. If a vacancy arises in the office of the President by resignation or death, a fresh election must be held within: (UPSC PYQ)

• (a) One year from the date of the vacancy

• (b) Six weeks from the date of the vacancy

• (c) Three months from the date of the vacancy

• (d) Six months from the date of the vacancy

Mains Practice Questions

Use these to frame full-length answers. You don't have to answer one exactly — they show the angles UPSC tests, so let them guide which points you cover.

• 'The President of India is a nominal executive, yet the Constitution vests the executive power of the Union in him.' Reconcile this apparent contradiction.

• Discuss the ordinance-making power of the President under Article 123 and the limitations the courts have placed on its use.

• Examine the scope and limits of the pardoning power under Article 72, and how it differs from the Governor's power under Article 161.

• Why did the Constituent Assembly prefer an indirect election for the President? Critically evaluate that choice.

• Discuss the recent constitutional questions surrounding the President's and Governor's assent to state bills under Articles 200 and 201.