The Union Executive & The President of India (Articles 52 to 78 & 123)
1. Essential Legal Principles & Statutory Provisions
President of India: Position & Election
Article 52 The President of India
There shall be a President of India.
Article 53 Executive Power of the Union
The executive power of the Union vests in the President and is exercised either directly or through subordinate officers in accordance with the Constitution.
Article 54 Electoral College
The President is elected by:
- Elected members of Lok Sabha.
- Elected members of Rajya Sabha.
- Elected members of State Legislative Assemblies.
- Elected members of the Legislative Assemblies of Delhi and Puducherry.
Article 55
Election by Proportional Representation through the Single Transferable Vote and secret ballot.
Article 58
- Citizen of India.
- Completed 35 years of age.
- Qualified for Lok Sabha membership.
- Must not hold an office of profit.
Term & Impeachment
Article 56 Term of Office
The President holds office for a term of 5 years.
Article 61 Impeachment Procedure
- Only ground: Violation of the Constitution.
- May be initiated in either House of Parliament.
- Requires 14-day written notice.
- Notice must be signed by at least 1/4th of total members.
- Must be passed by not less than 2/3rd of the total membership of the House.
Pardoning Power
Article 72 Clemency Powers of the President
The President may grant pardons, reprieves, respites, remissions, suspension, remission, or commutation of sentences.
- Cases involving Court Martial.
- Offences under Union laws.
- All cases involving Death Sentences.
Council of Ministers & Attorney-General
Article 74
The President acts on the aid and advice of the Council of Ministers headed by the Prime Minister.
Article 75(3)
Council of Ministers is collectively responsible to the Lok Sabha.
Article 76
Attorney-General for India is appointed by the President and has right of audience in all courts.
Ordinance-Making Power
Article 123 Ordinance Power
- Can be exercised during recess of Parliament.
- Requires circumstances demanding immediate action.
- Has the same force as an Act of Parliament.
2. Landmark Supreme Court Cases
Shamsher Singh v. State of Punjab (1974)
The Supreme Court held that the President and Governors are constitutional heads and ordinarily exercise their powers on the aid and advice of the Council of Ministers. India follows the Parliamentary form of government and the President is not an absolute executive authority.
Kehar Singh v. Union of India (1989)
The Court upheld the broad scope of the President's pardoning power under Article 72.
The President may examine the merits of a case while considering a mercy petition. However, the exercise of this power remains subject to limited judicial review where actions are arbitrary, mala fide, or discriminatory.
D.C. Wadhwa v. State of Bihar (1987)
The State of Bihar repeatedly re-promulgated ordinances without bringing them before the legislature.
The Supreme Court declared that repeated re-promulgation of ordinances is a "fraud on the Constitution" and an unconstitutional misuse of ordinance-making powers.
3. Bare Act Navigation Tips for the Exam Hall
Impeachment Majority
Directly refer to Article 61. The motion must be passed by a majority of not less than 2/3rd of the total membership of the House.
Ordinance Lifespan Formula
- Maximum gap between sessions: 6 months (Article 85).
- Validity after reassembly: 6 weeks (Article 123).
- Exam Formula: 6 months + 6 weeks = maximum theoretical lifespan of an ordinance without approval.
President vs Governor Pardoning Powers
| President (Art. 72) | Governor (Art. 161) |
|---|---|
| Can pardon Death Sentence | Cannot pardon Death Sentence |
| Can pardon Court Martial cases | No Court Martial pardoning power |
| Union law offences | State law offences |
Most Tested Articles
Articles 54, 55, 58, 61, 72, 74, 75(3), 76 and 123 are among the most frequently tested provisions relating to the President and Union Executive in AIBE and Constitutional Law examinations.