January 22, 2026

The President of India Decoded Electoral College, Impeachment & Pardoning Powers

The President of India Decoded: Electoral College, Impeachment & Pardoning Powers description: "The definitive guide to the President of India (Article 52-62). Understand the complex 'Proportional Representation' election system, the rigorous Impeachment process under Article 61, and the 'Mercy Petition' powers under Article 72." date: 2026-01-13 author: Civics Desk | Sansad Online tags: [President of India, Electoral College, Article 54, Impeachment, Article 61, Pardoning Power, Mercy Petition, Single Transferable Vote, Veto Power, Rubber Stamp]

🇮🇳 Constitution 101: The President of India (First Citizen)

The Head of State

The symbol of the Republic's unity and continuity.

  • Current Incumbent: (Droupadi Murmu / Current President).
  • Residence: Rashtrapati Bhavan (340 Rooms).
  • Election Method: Indirect (Electoral College).
  • Key Power: Article 72 (Pardon) & Article 352 (Emergency).
  • Salary: ₹5 Lakh/month (Taxable).
🏛️ THE "RUBBER STAMP" MYTH: We often hear that the President merely signs whatever the Prime Minister sends. While mostly true due to Article 74 (President shall act on aid and advice), the President has a "Pocket Veto." They can sit on a Bill indefinitely. President Zail Singh effectively killed the Post Office Bill, 1986 by simply refusing to sign it for years. The President is a "Safety Valve," not a puppet.

Introduction: Not Just a Figurehead

(Why the President Matters)

In the US, the President is the Real Head (Executive). In India, the President is the Nominal Head (Titular). But "Nominal" does not mean "Useless."

The President is the Defender of the Constitution.

  • When no party gets a majority in elections (Hung Parliament), the President decides who gets the first chance to form the government. This decision changes history.
  • When a convict is about to be hanged, the President is the last hope for life (Mercy Petition).
  • When the machinery of a State breaks down, the President takes over (President's Rule).

This guide explains the mathematical complexity of how we elect our President (it's not one-person-one-vote), how we can fire them (Impeachment), and the extent of their mercy.

🗳️ Part 1: The Election (The Math of Power)

You don't vote for the President. Your MP and MLA do it for you. This is called the Electoral College.

1. Who Votes? (Article 54)

  • Elected MPs: Lok Sabha + Rajya Sabha. (Nominated members like Sachin Tendulkar cannot vote).
  • Elected MLAs: All State Assemblies + Delhi & Puducherry. (MLCs cannot vote).

2. The Value of a Vote (It's Weighted!)

Not every vote is equal.

  • MLA's Vote Value: Depends on the Population of the state (1971 Census).
    • UP MLA: Value = 208 (Highest).
    • Sikkim MLA: Value = 7 (Lowest).
    • Logic: An MLA representing 10 lakh people should have a heavier vote than one representing 10,000.
  • MP's Vote Value: It is calculated to ensure Parity between Center and States.
    • Formula: Total Value of all MLA votes / Total MPs.
    • Current Value: 700 per MP.

3. The System: Single Transferable Vote (STV)

It is not "First Past the Post." It is Proportional Representation.

  • The Ballot: MPs don't just tick one name. They mark preferences: 1. Murmu, 2. Sinha, 3. ...
  • Winning Quota: To win, a candidate needs 50% + 1 of the total valid vote value.
  • Counting: If no one gets 50% in the first round, the candidate with the least votes is eliminated, and their "Second Preference" votes are transferred to others.
  • Why? This ensures the President represents the majority of the nation, not just a plurality.

⚖️ Part 2: Impeachment (How to Fire a President)

Removing a President is the hardest constitutional task. It has never happened in Indian history.

  • Constitutional Basis: Article 61.
  • Grounds: Only one: "Violation of the Constitution." (Interestingly, the Constitution does not define what "Violation" means).
  • The Process:
    1. Initiation: Can start in either House (LS or RS).
    2. Notice: 1/4th of members must sign the proposal. 14 days' notice given to President.
    3. Vote 1: The initiating House passes it by 2/3rd of Total Membership (Special Majority).
    4. Investigation: The other House investigates the charge. The President has the right to appear and defend himself.
    5. Vote 2: If the second House also passes it by 2/3rd Majority, the President stands removed.
  • Difficulty: Getting 2/3rd of the Total strength (not just present) in both Houses is nearly impossible in a fragmented democracy.

🕊️ Part 3: Pardoning Power (Article 72)

The Supreme Court may sentence a terrorist to death. But the President can set them free.

  • Scope:
    • Offenses against Union Law.
    • Sentences by Military Courts (Court Martial).
    • Death Sentences (in all cases).
  • Types of Pardon:
    1. Pardon: Completely absolves the convict. You walk free as if you never committed the crime.
    2. Commutation: Changing the form of punishment (e.g., Death -> Life Imprisonment).
    3. Remission: Reducing the period without changing the character (e.g., 10 years -> 5 years).
    4. Respite: Lesser sentence due to special fact (e.g., Pregnancy of a woman convict).
    5. Reprieve: Temporary stay on execution (to seek legal remedy).
Crucial Check: The President cannot act like a King. In Epuru Sudhakar (2006), the Supreme Court ruled that the President's pardon is subject to Judicial Review. If the President pardons a rich murderer for political reasons without applying mind, the Court can strike it down.

🛑 Part 4: Veto Powers (The Legislative Brake)

When Parliament sends a Bill to the President (Article 111), they have three options (Vetoes).

  1. Absolute Veto: Withholding assent. The Bill dies.
    • When used: Usually on Private Member Bills or if the Cabinet resigns before assent.
  2. Suspensive Veto: Returning the Bill for reconsideration.
    • Limitation: If Parliament passes it again, the President must sign. (The "Suspension" is temporary).
  3. Pocket Veto: Taking no action.
    • The Loophole: The Constitution says "As soon as possible" but gives no time limit.
    • Famous Use: Giani Zail Singh exercised Pocket Veto on the Indian Post Office (Amendment) Bill, 1986, which sought to censor mail. He neither signed nor returned it. The Bill eventually lapsed.

🚨 Part 5: Ordinance Making Power (Article 123)

If Parliament is closed (Recess) and a war breaks out, who makes the law?

  • The President can promulgate an Ordinance.
  • Validity: Same force as an Act of Parliament.
  • Life: Must be approved by Parliament within 6 weeks of its reassembly.
  • Misuse: Governments often use Ordinances to bypass parliamentary debate. The Supreme Court (DC Wadhwa Case) called repeated re-promulgation of ordinances a "fraud on the Constitution."

🏰 The Vice President (The Backup)

  • Role:
    1. Ex-Officio Chairman of Rajya Sabha.
    2. Acting President (if President dies/resigns).
  • Election: Similar to President (Electoral College), but MLAs do NOT vote. Only MPs vote.
  • Removal: Resolution in Rajya Sabha (Effective Majority) + Agreed by Lok Sabha (Simple Majority). No formal Impeachment needed.

❓ Frequently Asked Questions (FAQs)

Q1. Can a non-citizen become President?

No.

  • Article 58 says the candidate must be a Citizen of India.
  • Difference from US: In the US, you must be a "Natural Born Citizen." In India, a naturalized citizen (someone who acquired citizenship later, like Sonia Gandhi) is technically eligible, though it hasn't happened yet.

Q2. Is there a retirement age?

No.

  • Minimum Age: 35 Years.
  • Maximum Age: None.
  • Term Limits: None. (Unlike the US President who is limited to 2 terms, an Indian President can be re-elected any number of times. Only Dr. Rajendra Prasad served two full terms).

Q3. Can the President vote in General Elections?

Yes.

  • The President is a registered voter in their home constituency. They can cast a vote via postal ballot or in person, though traditionally, many Presidents abstain to maintain neutrality.

Q4. What happens if both President and VP die?

  • The Chief Justice of India (CJI) acts as President.
  • This happened in 1969. President Zakir Hussain died. VP V.V. Giri resigned to fight elections. CJI M. Hidayatullah served as Acting President for a month.

Q5. Can the President be arrested?

No.

  • Article 361 gives absolute immunity. The President is not answerable to any court for official acts.
  • No criminal proceedings can be started or continued against them during their term.
  • They cannot be arrested or imprisoned.
  • Civil Suit: Can be filed after giving 2 months' notice.

Bookmark this page. The President is the "First Citizen," but knowing their powers makes you an "Informed Citizen."