Introduction:
In Indian Polity, the President and Vice President hold the highest constitutional positions. Both offices are essential to the Parliamentary System of India, ensuring smooth functioning of the government.
· The President is the head of the State and the Supreme Commander of the Armed Forces.
· The Vice President is the second-highest constitutional authority, also serving as the Chairman of the Rajya Sabha.
For students preparing for UPSC, SSC, Banking, Railways, and State PSC exams, understanding their powers, functions, qualifications, and election process is extremely important. Let us study this in detail.
The President of India
1. Position and Importance
· Article 52 of the Constitution states: “There shall be a President of India.”
· The President is the nominal head (de jure head) of the Union, while the Prime Minister is the real executive (de facto head).
Example: When laws are passed by Parliament, they require the President’s assent before becoming an Act.
2. Election of the President
· Article 54 & 55 deal with the election.
· He/She is elected by an Electoral College, consisting of:
o Elected members of Parliament (Lok Sabha + Rajya Sabha)
o Elected members of State Legislative Assemblies (MLAs)
· Election is done by Proportional Representation using Single Transferable Vote system.
Example: The 2022 Presidential election was
contested by Droupadi
Murmu (winner) and Yashwant
Sinha.
3. Qualifications (Article 58)
· Must be a citizen of India.
· Must be 35 years or older.
· Must be eligible to be a member of Lok Sabha.
· Must not hold an office of profit.
4. Powers and Functions of the President
1. Executive Powers
· The President is the formal head of the Union Government.
· All executive actions of the Union are taken in the name of the President (Article 53).
· He/she appoints:
o Prime Minister (leader of majority in Lok Sabha)
o Council of Ministers on advice of PM
o Governors of States
o Judges of Supreme Court and High Courts
o Comptroller and Auditor General (CAG)
o Chief Election Commissioner (CEC) & other Election Commissioners
o Ambassadors and High Commissioners
Example: In 2014,
President Pranab
Mukherjee appointed Narendra
Modi as Prime Minister after BJP’s victory in Lok Sabha
elections.
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2. Legislative Powers (Articles 85–111)
· Summons and prorogues Parliament.
· Can dissolve Lok Sabha before completion of 5 years.
· Nominates 12 members to Rajya Sabha from arts, literature, science, and social service.
· Nominates 2 Anglo-Indian members to Lok Sabha (Article 331 – provision removed by 104th Amendment in 2020).
· Gives assent to Bills; without it, a Bill cannot become an Act.
· Can send a Bill back for reconsideration (except Money Bills).
· Can address joint session of Parliament at the beginning of the first session after every general election.
Example: President Ram Nath Kovind addressed the joint session of Parliament in 2019, highlighting government policies after the general elections.
3. Judicial Powers (Article 72)
· Power to grant pardons, reprieves, respites, or remissions of punishment.
· Can suspend, remit, or commute sentences, especially in cases involving:
o Death sentence
o Punishment by Court Martial
o Cases under Union Law
Example: President
Pratibha Patil
granted clemency in several death penalty cases during her tenure (2007–2012).
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4. Financial Powers (Articles 112–117)
· Union Budget (Annual Financial Statement) is presented in the name of the President.
· No Money Bill can be introduced in Lok Sabha without his/her recommendation.
· President constitutes the Finance Commission every 5 years (Article 280) to recommend distribution of financial resources between Centre and States.
Example: The 15th Finance Commission (2020–2025) was constituted by President Ram Nath Kovind in 2017.
5. Emergency Powers
The most significant powers of the President come during emergencies:
(a) National Emergency (Article 352)
· Declared when there is a threat to security of India due to war, external aggression, or armed rebellion.
· Fundamental Rights under Article 19 are suspended.
· Parliament gains power to make laws on State subjects.
Example: In 1975, President Fakhruddin Ali Ahmed declared National Emergency on advice of PM Indira Gandhi (lasted till 1977).
(b) President’s Rule (Article 356)
· If the State Government fails to function as per Constitution, President can take over administration.
· The State Assembly may be dissolved or kept under suspended animation.
Example: In 1992, President’s Rule was imposed in Uttar Pradesh after the Babri Masjid demolition.
(c) Financial Emergency (Article 360)
· Declared when the financial stability of India is threatened.
· Salaries and allowances of government servants, including judges, can be reduced.
· Never declared so far.
6. Diplomatic and Military Powers
· Represents India in international affairs.
· Signs treaties and agreements (subject to Parliament approval).
· Supreme Commander of Armed Forces – appoints Chiefs of Army, Navy, and Air Force.
Example: President
R. Venkataraman
signed several defence agreements during his tenure (1987–1992).
5. Tenure and Removal
· Term: 5 years (can be re-elected).
· Removal: By impeachment under Article 61 for violation of the Constitution.
The Vice President of India
1. Position and Importance
· Article 63: “There shall be a Vice President of India.”
· Second-highest constitutional office.
· Ex-officio Chairman of the Rajya Sabha.
Example: If the President is unable to perform duties, the Vice President acts as President.
2. Election of the Vice President
· Article 66 deals with election.
· Elected by members of both Houses of Parliament (not state legislatures).
· Election is through Proportional Representation with Single Transferable Vote.
Example: Jagdeep Dhankhar was elected as Vice President in 2022.
3. Qualifications (Article 66(3))
· Citizen of India.
· Minimum age 35 years.
· Eligible for Rajya Sabha membership.
· Must not hold an office of profit.
4.
Powers and Functions of the Vice President
1. Ex-officio Chairman of Rajya Sabha (Article 64)
· Presides over Rajya Sabha sessions.
· Ensures order and discipline in the House.
· Can suspend or expel unruly members.
· Does not vote in Rajya Sabha except in case of a tie.
Example: Vice
President M. Venkaiah
Naidu adjourned Rajya Sabha multiple times during heated
debates over farm laws in 2020.
2. Acting President Role
· If the President dies, resigns, is removed, or otherwise unable to discharge duties, the Vice President acts as President until a new President is elected.
Example: After President Zakir Hussain’s death in 1969, Vice President V. V. Giri became Acting President.
3. Other Functions
· Represents India in functions and events if delegated by the President.
· Plays a key role in maintaining balance between Executive and Legislature.
5. Tenure and Removal
· Term: 5 years (can be re-elected).
· Can resign by giving resignation to the President.
· Removed by a resolution passed in Rajya Sabha with absolute majority and Lok Sabha agreement.
Comparison
between President and Vice President of India
|
Feature |
President |
Vice President |
|
Article |
52 |
63 |
|
Head of |
State |
Rajya Sabha |
|
Election by |
Electoral College (MPs + MLAs) |
MPs only |
|
Term |
5 years |
5 years |
|
Removal |
Impeachment |
Resolution of Rajya Sabha |
|
Powers |
Executive, Legislative, Judicial, Emergency |
Legislative (Rajya Sabha) and Acting President role |
Conclusion
The President and Vice President of India play crucial roles in the Parliamentary Democracy of India. While the President is the ceremonial head, his powers during emergencies make him highly significant. The Vice President, being the Rajya Sabha Chairman, ensures the smooth functioning of Parliament and acts as a safeguard in case of a vacancy in the President’s office.
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