President of India: Powers, Functions, Veto Power, Ordinances and Pardoning Authority

Introduction

The President of India is the constitutional head of the Indian Republic and the highest formal office in the country. The office represents national unity, continuity and constitutional stability while ensuring that government functions within the framework of the Constitution.

Under Article 52, there shall be a President of India. Article 53 vests the executive power of the Union in the President, but under the parliamentary system, these powers are generally exercised on the aid and advice of the Council of Ministers headed by the Prime Minister.

The President’s role is therefore primarily constitutional rather than that of an independent political executive. However, the office carries significant responsibilities during government formation, legislative reconsideration, emergencies and the exercise of constitutional powers.

President of India at a glance

Importance of the President of India

The President performs several important constitutional functions:

• Head of State: Represents the Republic and symbolises national unity.
• Constitutional authority: Ensures that formal executive action takes place within the constitutional framework.
• Government formation: Appoints the Prime Minister and plays a limited discretionary role when no party or coalition has a clear majority in the Lok Sabha.
• Legislative role: Summons and prorogues Parliament, addresses Parliament and gives assent to bills.
• Emergency powers: Exercises constitutionally prescribed functions concerning national, state and financial emergencies.
• Judicial appointments: Appoints Supreme Court and High Court judges under the constitutional appointment framework.
• Clemency powers: May grant pardons, reprieves, respites, remissions and commutations under Article 72.

The President is expected to remain above day-to-day party politics and protect the integrity of the constitutional process.

Constitutional Position: Is the President Merely a Rubber Stamp?

The President is not an independent political executive, but the office is not entirely without influence.

Article 74 requires the President to act on the aid and advice of the Council of Ministers. The President may, however, return that advice for reconsideration once, a power added by the 44th Amendment, 1978, after the 42nd Amendment of 1976 had made the advice binding. If the Council of Ministers reiterates its advice, the President must act in accordance with it.

Article 78 establishes the Prime Minister’s duties concerning communication of government decisions and information to the President. The President may seek information necessary to understand the government’s functioning.

The President may also return an ordinary bill for reconsideration under Article 111. These powers create opportunities for constitutional scrutiny without displacing the elected government’s authority.

The office is particularly significant when constitutional conventions must be applied during political uncertainty.

Veto Powers of the President of India

The President’s veto power refers to the authority to withhold or delay assent to legislation passed by Parliament. Article 111 governs the President’s decision on parliamentary bills.

1. Absolute Veto

An absolute veto occurs when the President withholds assent to a bill, preventing it from becoming law.

This may arise in certain situations involving private members’ bills or bills passed by a government that has left office before assent is granted. The use of this power must be understood within constitutional practice. Two well-known uses: Rajendra Prasad withheld assent to the PEPSU Appropriation Bill in 1954, and R. Venkataraman to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill in 1991.

2. Suspensive Veto

The President may return an ordinary bill to Parliament for reconsideration, accompanied by a message requesting reconsideration.

If Parliament passes the bill again, with or without amendments, the President cannot withhold assent to it.

The President cannot return a Money Bill for reconsideration under Article 111.

3. Pocket Veto

A pocket veto refers to withholding a decision on a bill without formally granting or refusing assent. The Constitution does not prescribe a general time limit for the President’s decision under Article 111.

However, the pocket veto is not a separate veto category expressly defined in the Constitution. Its use must be considered alongside constitutional responsibilities and the conventions of parliamentary government. The best-known example is President Zail Singh’s handling of the Indian Post Office (Amendment) Bill in 1986, on which he took no decision.

President’s Veto Power Over State Bills

Under Article 201, when a Governor reserves a state bill for the President’s consideration, the President may assent to it, withhold assent or, where constitutionally permitted, direct the Governor to return it for reconsideration.

This process differs from the President’s direct consideration of parliamentary bills.

Timelines for assent, 2025. In April 2025 a two-judge bench in State of Tamil Nadu v. Governor of Tamil Nadu laid down time limits for Governors and the President to act on state bills. Answering a Presidential Reference under Article 143, a Constitution Bench said in November 2025 that courts cannot impose such timelines and that the idea of “deemed assent” is alien to the Constitution. This exchange is a likely Mains question on federalism and the separation of powers.

Ordinance-Making Power of the President

Article 123 empowers the President to promulgate ordinances when both Houses of Parliament are not in session simultaneously and immediate action is considered necessary.

An ordinance has the same force and effect as an Act of Parliament, but it is a temporary legislative measure subject to constitutional limits.

Conditions for Promulgating an Ordinance

• Parliament must not be in session in a manner that allows the ordinary legislative process to be completed.
• The ordinance must concern matters within Parliament’s legislative competence.
• The President must act on the aid and advice of the Council of Ministers.
• The ordinance must be laid before Parliament and will cease to operate six weeks after Parliament reassembles, unless it ceases earlier or is replaced by legislation.
• An ordinance cannot be used to bypass constitutional limitations on legislative power.

The President may withdraw an ordinance on the advice of the Council of Ministers.

Why Is Ordinance-Making Power Controversial?

Ordinances are intended to address genuine legislative urgency. Repeated promulgation can weaken parliamentary scrutiny, reduce public debate and undermine the legislature’s role in law-making.

D.C. Wadhwa v. State of Bihar (1987) condemned the repeated re-promulgation of ordinances as a constitutional abuse.

In Krishna Kumar Singh v. State of Bihar (2017), the Supreme Court reaffirmed that ordinance-making is an exceptional constitutional power and that repeated re-promulgation cannot be used to circumvent the legislature.

The appropriate reform is to restrict ordinances to genuine urgency and ensure prompt legislative scrutiny.

Pardoning Power of the President: Article 72

Article 72 empowers the President to grant pardons and other forms of clemency in specified cases. The power provides a constitutional safeguard against excessive or unjust punishment and allows relevant circumstances to be considered after judicial proceedings.

Scope of Article 72

The President may exercise clemency in:

1. Cases involving punishment by a court martial.
2. Offences relating to matters within the Union’s executive power.
3. All cases involving a sentence of death.

Types of Clemency

• Pardon: Removes the punishment and, in its full legal effect, the conviction-related consequences covered by the pardon.
• Commutation: Substitutes a lesser form of punishment for a more severe one.
• Remission: Reduces the period of a sentence without changing its character.
• Respite: Awards a lesser sentence due to special circumstances.
• Reprieve: Temporarily suspends the execution of a sentence, particularly a death sentence.

President vs Governor: Pardoning Powers

Landmark Judgments on Pardoning Power

Maru Ram v. Union of India (1981): The Supreme Court held that constitutional clemency powers must be exercised in accordance with the relevant constitutional framework and ministerial advice.

Kehar Singh v. Union of India (1989): The Court recognised that the President may examine the merits of a case while considering a mercy petition.

Shatrughan Chauhan v. Union of India (2014): The Court recognised that unexplained or excessive delay in deciding mercy petitions can be a ground for judicial intervention and commutation of a death sentence.

Epuru Sudhakar v. Government of Andhra Pradesh (2006): Clemency orders are open to limited judicial review, for example where they are mala fide, arbitrary or passed without considering relevant material.

Challenges and Reforms

Delays in mercy petitions, limited transparency and allegations of political influence can weaken public confidence in the clemency process.

Time-bound decisions, reasoned procedures and transparent administrative guidelines can improve fairness while preserving the constitutional character of the power.

Impeachment of the President of India

Article 61 provides the procedure for removing the President for violation of the Constitution.

Impeachment Procedure

1. Either House of Parliament may initiate the process.
2. At least 14 days’ written notice must be given.
3. The notice must be signed by at least one-fourth of the total membership of the House initiating the charge.
4. The initiating House must pass the resolution by a majority of at least two-thirds of its total membership.
5. The other House investigates the charge or causes it to be investigated.
6. If the other House sustains the charge by a two-thirds majority of its total membership, the President is removed from office.

The Constitution does not precisely define the expression violation of the Constitution. No President of India has been impeached to date.

The procedure is deliberately demanding because the President occupies a constitutional office that should not be subject to arbitrary political removal.

Ordinances, Veto and Clemency: Why These Powers Matter

These powers illustrate how the President’s office operates within India’s system of checks and balances.

• Veto power creates an additional stage of legislative scrutiny.
• Ordinance-making power allows temporary legislation when Parliament is not in session and immediate action is necessary.
• Pardoning power provides a constitutional mechanism for mercy and correction in exceptional criminal cases.
• Impeachment provisions establish a formal mechanism of accountability for the President.

None of these powers should be interpreted as giving the President unrestricted personal discretion. Their exercise remains subject to constitutional provisions, conventions and judicial review where applicable.

Criticisms and Challenges Facing the Office of the President

1. Limited Independent Executive Authority

The President generally acts on ministerial advice, which limits independent political decision-making.

2. Discretion During Government Formation

In a hung Parliament, the President must exercise judgment in inviting a leader to form the government. Transparent constitutional conventions are essential to prevent political controversy.

3. Delays in Assent and Clemency

Delays in decisions on bills and mercy petitions can create uncertainty and concerns about accountability.

4. Politicisation of the Office

Presidential elections involve political parties, but the officeholder is expected to act impartially after election.

5. Uncertainty in Constitutional Conventions

Some situations, particularly coalition formation and disputed legislative processes, depend partly on conventions. Clearer procedures can reduce ambiguity while preserving necessary flexibility.

Way Forward: Strengthening the Presidency

The effectiveness of the President’s office depends on constitutional restraint, impartiality and respect for parliamentary democracy.

• Develop clear conventions for government formation in a hung Parliament.
• Avoid unnecessary delays in decisions on bills and mercy petitions.
• Ensure that ordinance-making remains exceptional and constitutionally justified.
• Preserve the impartiality of the office during political disputes.
• Strengthen transparency in administrative processes connected with constitutional powers.
• Maintain respect for the advice of the Council of Ministers while using constitutionally permitted reconsideration and information-seeking powers responsibly.

Conclusion

The President of India is the constitutional head of the Republic and a central figure in maintaining institutional continuity. Although the elected Council of Ministers exercises real executive authority, the President’s powers concerning legislation, ordinances, clemency and constitutional appointments remain important safeguards.

The office is most effective when it combines constitutional restraint with vigilance, impartiality and respect for democratic institutions. Its purpose is not to replace elected government but to ensure that governance continues within the limits and values of the Constitution.

Frequently asked questions

What kinds of veto does the President of India have?

An absolute veto (withholding assent), a suspensive veto (returning a bill other than a Money Bill for reconsideration once) and a pocket veto (taking no decision, since Article 111 sets no time limit). The President has no qualified veto.

How long can an ordinance last?

It must be laid before Parliament and lapses six weeks after both Houses reassemble unless approved earlier. Because Parliament must meet at least once in six months, an ordinance can last at most about six months and six weeks.

Can the President pardon a death sentence?

Yes. Under Article 72 the President can pardon, commute, remit, respite or reprieve a death sentence. A Governor under Article 161 can commute, remit or suspend a death sentence but cannot pardon it.

More BPSC Polity notes

This note is part of our series on the 40 Polity topics for 72nd BPSC Mains GS Paper II. Related notes:

• Preamble of the Indian Constitution
• Constitution, constitutionalism and constitutional morality
• Transformative constitutionalism
• Separation of powers in India
• Fundamental Duties (Article 51A)
• Vice President of India
• Centre–state relations and the Governor

Practise with the Bihar polity and geography previous-year questions, and see where Polity sits in the exam in the BPSC syllabus and exam pattern.