The President Of India

The President of India is the head of the Indian State and is often called the first citizen of the country. On paper the President is the ceremonial head of the state and the Supreme Commander of the Indian Armed Forces. In day to day government the real executive power rests with the Prime Minister and the Council of Ministers, so the President mostly acts on their advice. These notes explain how the President is elected, how long the office lasts, how a President can be removed and what the office can and cannot do. For the wider picture of how India is governed, you can also explore our Learnacy Hub.

Election of the President

India does not elect its President directly. A single transferable vote system, which is a form of proportional representation, is used to elect the President indirectly.

The President is chosen by an electoral college made up of elected representatives who form the government after winning state and national elections.

The electoral college for the presidential election is made up of the elected members of:

• the Lok Sabha and the Rajya Sabha
• the Legislative Assemblies of the States
• the Legislative Assemblies of Delhi, Jammu and Kashmir, and Puducherry

If the Supreme Court later declares a person's election as President null and void, any acts done by that person before the Court's declaration are not cancelled and remain in effect.

Term of the President's office

The President is elected for a five year term that begins on the day he or she takes office. A President can, however, resign at any time by writing a letter to the Vice President.

• A President can be impeached and removed from office before the term ends.
• A President can continue in office beyond the five year term until a successor takes over.
• A President is eligible to stand for re-election.
• Under the Constitution a President can be re-elected any number of times.

This is different from the United States, where a person can be elected President only twice.

Impeachment

The process of impeaching India's President is quasi judicial in nature. A President can be removed from office through impeachment only for a violation of the Constitution.

• Impeachment can begin with charges being framed against the President in either House of Parliament.
• All members of Parliament, both elected and nominated, take part in the impeachment process.
• The notice setting out the charges must be signed by at least one quarter of the members of that House.
• The notice is then sent to the President, and the process can begin after 14 days.

To impeach the President, a special majority of two thirds of the members of the originating House must vote in favour. The charge is then considered by the other House.

Throughout the process the President has the right to be represented. He or she may appear in person, appoint a lawyer, or be represented by the Attorney General of India.

The President is impeached if the second House also adopts the resolution with a two thirds majority after its committee has investigated the charges.

Article 61 of the Constitution sets out the procedure for impeaching the President of India.

Oath of office

Before taking office the President makes and subscribes to an oath in the presence of the Chief Justice of India. If the Chief Justice is not available, the senior most judge of the Supreme Court present administers the oath.

What are the limitations posed on the President of India?

The President has the power to sign, withhold, or return any bill passed by Parliament. A bill becomes law once the President gives assent to it.

• If a bill is passed again by Parliament after the President has returned it, it becomes law even without the President's signature.
• Although the President formally issues the final orders, he or she is expected to act on the advice of the Prime Minister and the Council of Ministers.
• Because of this, the President cannot reject or delay that advice for long. The President can send a matter back for reconsideration once, but must then accept the advice.
• The President is not meant to take major decisions alone, that is, without the advice of the Council of Ministers.
• Under Article 72 the President can pardon, reprieve, or commute a punishment, including in death sentence cases, but this power too is normally exercised on the advice of the government.

Why it still matters

The President is not just a figure in a textbook. The office is held today by Droupadi Murmu, who was sworn in as the 15th President of India on 25 July 2022 by the Chief Justice of India. She is the first person from a tribal community to hold the office and the first President born after India became independent. She won the 2022 election, held under exactly the electoral college rules described above, defeating the opposition candidate Yashwant Sinha. News reports at the time described the post itself as largely ceremonial, which matches the picture in these notes.

The question of whether the President has real power or a mainly ceremonial one is very much alive. In May 2023, when the new Parliament building was opened, at least 19 opposition parties said President Murmu, and not the Prime Minister, should have inaugurated it. They argued that she is the head of state and, under Article 79 of the Constitution, a part of Parliament itself, and they called her the custodian of the constitution. The government dismissed the objection as politics. Whatever your own view, the row shows how the largely ceremonial office you have just read about still sits at the centre of real debates about how India is governed.

If you want to see how this connects to the rest of Indian government, our notes on Indian Polity cover related offices such as the Governor and the Vice President, and you can browse the full library of study notes on the Resources page.

Sources

1. Droupadi Murmu, biography, Encyclopaedia Britannica
2. India elects tribal candidate Droupadi Murmu as president, Al Jazeera, 22 July 2022
3. India's opposition to boycott new parliament inauguration by Modi, Al Jazeera, 25 May 2023
4. Profile, President of India, official website

Key takeaways

• The President of India is the head of state and Supreme Commander of the Armed Forces, but real executive power rests with the Prime Minister and Council of Ministers
• The President is elected indirectly through an electoral college using a single transferable vote system, composed of elected members of Lok Sabha, Rajya Sabha, and state Legislative Assemblies
• The President serves a five-year term and can be re-elected any number of times under the Constitution
• The President can be impeached only for violation of the Constitution through a quasi-judicial process requiring a two-thirds majority in both Houses of Parliament
• The President has limited powers—must act on cabinet advice, can return bills once but must accept on reconsideration, and can pardon under Article 72 but normally on government advice

Test yourself

How is the President of India elected?

India does not elect its President directly. A single transferable vote system, which is a form of proportional representation, is used to elect the President indirectly by an electoral college made up of elected members of the Lok Sabha, Rajya Sabha, and Legislative Assemblies of the states and union territories.

What is the term of office for the President and can they serve multiple terms?

The President is elected for a five year term that begins on the day he or she takes office. A President can continue in office beyond the five year term until a successor takes over. A President is eligible to stand for re-election and can be re-elected any number of times under the Constitution.

What are the grounds for impeaching the President of India?

A President can be removed from office through impeachment only for a violation of the Constitution. The process begins with charges being framed in either House of Parliament, requiring notice signed by at least one quarter of members. To impeach, a special majority of two thirds of the originating House must vote in favour, and the second House must also adopt the resolution with two thirds majority after investigating the charges.

Frequently asked questions

What kind of majority is required to impeach the President of India?

A two-thirds special majority is required in both Houses of Parliament for impeachment. The originating House must pass the resolution with this majority, and the second House must also adopt it after investigating the charges.

Can the President of India be re-elected after completing a term?

Yes, the Constitution allows a President to be re-elected any number of times. This differs from the U.S. President, who is limited to two terms.

What happens if the Supreme Court declares a President’s election null and void?

Any acts performed by the President before the Court’s declaration remain valid and are not cancelled, even if the election is later deemed invalid.

Who administers the oath of office to the President if the Chief Justice of India is unavailable?

If the Chief Justice is not available, the senior-most judge of the Supreme Court present administers the oath of office to the President.