Polity Union Executive

Powers of the President: Veto, Ordinance, Pardon and Discretion

President's powers for CGPSC: executive, legislative, Article 111 vetoes, Article 123 ordinances, Article 72 pardons, Article 143 references and discretion.

16 min read Updated Oct 2026 #president#veto#article 111

Prerequisites

The Hook: A Bill Passed in Raipur, Waiting in Delhi

Connect

When the Chhattisgarh Vidhan Sabha passes a Bill, it goes to the Governor at Raj Bhavan, Raipur. The Governor may sign it, or reserve it for the President (Art 200). It then sits in New Delhi until the President decides. Can the President simply never decide? Can the Supreme Court fix a deadline?

In April 2025 the Supreme Court laid down timelines for Governors and the President. In November 2025, answering a Presidential reference under Article 143, a five-judge bench said courts cannot impose such timelines and there is no “deemed assent”.

So how much real power does the President have: to stop a Bill, to make law without Parliament, to save a convict from the gallows? This page answers that.

Why it matters: Types of veto, ordinance limits, the five forms of pardon and Art 72 versus Art 161 are classic Prelims material. Mains asks whether the President is a “rubber stamp” and about ordinance misuse.


The Golden Rule: Article 74

Art 74(1): There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice.

AmendmentChange to Art 74(1)
42nd (1976)Made ministerial advice expressly binding on the President
44th (1978)Added a proviso: the President may return the advice once for reconsideration, but must act on the advice tendered after reconsideration

Art 74(2): The question whether any, and if so what, advice was tendered cannot be inquired into in any court.

In Shamsher Singh v. State of Punjab (1974), a seven-judge bench held that the President and Governors exercise their formal powers on the advice of ministers, except where the Constitution expressly requires otherwise.


Executive Powers

  • All executive action of the Government of India is taken in the President’s name (Art 77). Rules for the convenient transaction of business are made by the President (Art 77(3)).
  • Appoints: the Prime Minister and other ministers (Art 75); the Attorney General (Art 76); the CAG (Art 148); the Chief Election Commissioner and Election Commissioners (Art 324); the Chairman and members of the UPSC (Art 316); Governors (Art 155); judges of the Supreme Court and High Courts (Arts 124, 217); the Finance Commission (Art 280); the National Commissions for SCs, STs and Backward Classes (Arts 338, 338A, 338B).
  • Can seek information from the PM about administration and proposals for legislation (Art 78).
  • Can declare any area a Scheduled Area (Fifth Schedule) and has powers over the administration of Scheduled and Tribal Areas. This is directly relevant to Chhattisgarh’s Fifth Schedule districts. See Tribes of Chhattisgarh.
  • Administers Union Territories through administrators he appoints (Art 239).

Military and Diplomatic Powers

  • Supreme Commander of the Defence Forces (Art 53(2)). Declares war and concludes peace, subject to parliamentary regulation.
  • Sends and receives ambassadors; international treaties and agreements are concluded in his name, subject to approval by Parliament where required.

Legislative Powers

  • Parliament consists of the President and the two Houses (Art 79). The President is part of Parliament but not a member of either House.
  • Summons and prorogues the Houses and dissolves the Lok Sabha (Art 85).
  • Addresses Parliament: at the first session after each general election and at the first session of each year (Art 87).
  • Summons a joint sitting to resolve a deadlock on an ordinary Bill (Art 108).
  • Nominates 12 members to the Rajya Sabha with special knowledge of literature, science, art and social service (Art 80). The nomination of two Anglo-Indians to the Lok Sabha (Art 331) ended in January 2020, when the 104th Amendment (2019) did not extend it.
  • Prior recommendation is needed for introducing a Money Bill (Art 117) and certain other Bills, such as one to form a new State or change State boundaries (Art 3).
  • Causes the Annual Financial Statement (budget) to be laid (Art 112) and can make advances from the Contingency Fund of India (Art 267).

Veto Power: Article 111

When a Bill passed by both Houses is presented, the President may:

  1. give assent, or
  2. withhold assent, or
  3. return it (if it is not a Money Bill) for reconsideration. If Parliament passes it again, with or without amendment, the President shall not withhold assent.
Type of vetoMeaningAvailable to the President of India?
Absolute veto (आत्यंतिक वीटो)Withholding assent; the Bill diesYes, used rarely, typically for a private member’s Bill or when a new Cabinet advises against a Bill passed under the old one
Suspensive veto (निलंबनकारी वीटो)Returning the Bill; overridden by simple majority on re-passageYes, but not for Money Bills
Pocket veto (जेबी वीटो)Neither assenting nor returning; no time limit is fixedYes. The best-known use: President Zail Singh on the Indian Post Office (Amendment) Bill, 1986
Qualified vetoOverride only by a special (higher) majority, as in the USANo
Bills the President cannot veto
  • Money Bills: cannot be returned. In practice they are introduced with the President’s prior recommendation, so assent is given.
  • Constitutional Amendment Bills: the President must give assent (Art 368(2), as amended by the 24th Amendment, 1971).

State Bills reserved for the President (Art 201)

  • The Governor may reserve a State Bill for the President’s consideration (Art 200). For some Bills reservation is mandatory, for example a Bill that would derogate from the powers of the High Court.
  • The President may assent or withhold assent. For a non-Money Bill, he may direct the Governor to return it to the State Legislature. If the Legislature passes it again within six months, it is again presented to the President, who is not bound to assent.
  • No time limit is written in Art 201.
The 2025 Presidential reference on assent timelines
  • April 2025: In State of Tamil Nadu v. Governor of Tamil Nadu, a two-judge bench of the Supreme Court set timelines for Governors and the President to act on Bills and treated certain long-pending Bills as having received assent.
  • Later in 2025: President Droupadi Murmu referred 14 questions to the Supreme Court under Art 143(1).
  • 20 November 2025: A five-judge Constitution Bench advised that courts cannot impose timelines on the President or Governors and that “deemed assent” has no constitutional basis; Art 142 cannot be used to create it.

Use this as the latest position (as of 2026) in Mains answers on Centre-State friction. See Centre-State Relations.


Ordinance-Making Power: Article 123

The President can promulgate an ordinance (अध्यादेश) when:

  • both Houses are not in session, or either House is not in session (an ordinance can be issued when only one House is sitting, because a law needs both); and
  • he is satisfied that circumstances exist which render immediate action necessary.
FeatureRule
ForceSame as an Act of Parliament
Subject matterOnly matters on which Parliament can make laws; cannot amend the Constitution
LifeMust be laid before both Houses on reassembly; ceases six weeks after reassembly unless approved earlier. Maximum life is therefore about six months and six weeks (the gap between sessions cannot exceed six months, Art 85)
WithdrawalCan be withdrawn by the President at any time
AdviceIssued on the advice of the Council of Ministers; not a discretionary power
Judicial review38th Amendment (1975) made the President’s satisfaction final and non-justiciable; the 44th Amendment (1978) deleted that clause, so satisfaction can be challenged on grounds such as mala fides

Cases:

  • R.C. Cooper v. Union of India (1970): the President’s satisfaction can be questioned on the ground of mala fides.
  • D.C. Wadhwa v. State of Bihar (1987): repeated re-promulgation of ordinances without placing them before the legislature is a fraud on the Constitution (this case concerned a Governor’s ordinances under Art 213).
  • Krishna Kumar Singh v. State of Bihar (2017): a seven-judge bench reaffirmed that re-promulgation is a fraud on the Constitution and held that the failure to lay an ordinance before the legislature is a serious constitutional infraction.

Pardoning Power: Article 72

The President can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute a sentence, of any person convicted where:

  1. the punishment is by a Court Martial;
  2. the offence is against a law on a matter to which the executive power of the Union extends;
  3. the sentence is a sentence of death.
TermMeaningMemory cue
Pardon (क्षमा)Removes both the sentence and the conviction; complete absolutionClean slate
Commutation (लघुकरण)Substitutes a lighter form of punishment (death to rigorous imprisonment to simple imprisonment)Changes the kind
Remission (परिहार)Reduces the period without changing its character (2 years RI to 1 year RI)Changes the length
Respite (विराम)Awards a lesser sentence because of a special fact, such as pregnancy or physical disabilitySpecial circumstance
Reprieve (प्रविलंबन)Stays the execution of a sentence (especially death) temporarily, for example while a mercy petition is decidedPause button

Cases:

  • Maru Ram v. Union of India (1980): the power is exercised on the advice of the Council of Ministers.
  • Kehar Singh v. Union of India (1989): the petitioner has no right to an oral hearing; the President can examine the evidence afresh.
  • Epuru Sudhakar v. Govt. of A.P. (2006): pardon orders are subject to limited judicial review (non-application of mind, mala fides, irrelevant or extraneous considerations, arbitrariness).
  • Shatrughan Chauhan v. Union of India (2014): unexplained and inordinate delay in deciding mercy petitions can be a ground to commute a death sentence.
Article 72 (President) vs Article 161 (Governor)
PointPresident (Art 72)Governor (Art 161)
Laws coveredUnion lawsState laws
Court MartialYesNo
Death sentenceCan pardon itCannot pardon it, but can suspend, remit or commute it

The Governor of Chhattisgarh can commute a death sentence under a State-law matter but cannot pardon it outright; only the President can.


Other Powers

  • Emergency powers: National Emergency (Art 352), President’s Rule in a State (Art 356) and Financial Emergency (Art 360), all on the Cabinet’s advice. Since the 44th Amendment, a National Emergency can be proclaimed only on the written advice of the Cabinet.
  • Advisory jurisdiction (Art 143): The President may refer a question of law or fact of public importance to the Supreme Court. The Court may give its opinion under Art 143(1) and the opinion is not binding on the President. For disputes arising out of pre-Constitution treaties and similar instruments (Art 143(2)), the Court must give its opinion. Examples: In re Delhi Laws Act (1951), In re Kerala Education Bill (1958), the Third Judges case (1998), In re Ram Janmabhoomi (the Court declined to answer, 1994), and the 2025 reference on assent to Bills.

Does the President Have Any Discretion?

The Constitution gives the President no express discretionary power (unlike the Governor, Art 163). But some situational discretion exists:

  1. Appointing the Prime Minister when no party or coalition has a clear majority in the Lok Sabha, or when the PM dies in office with no obvious successor.
  2. Dismissing a Council of Ministers that has lost the confidence of the Lok Sabha but refuses to resign.
  3. Dissolving the Lok Sabha when the Council of Ministers has lost its majority.
  4. Returning advice once for reconsideration (Art 74(1) proviso) and returning a Bill (Art 111).
  5. Pocket veto, since no time limit binds him.
  6. Seeking information from the PM under Art 78.

Analysis for Mains: The President is a constitutional head, not a rubber stamp. The office can warn, encourage and be consulted (Bagehot’s three rights of the monarch), delay hasty decisions, and act independently in a hung Parliament. But Art 74 makes clear that, in normal times, real power lies with the elected Council of Ministers responsible to the Lok Sabha.


Memory Tricks

Five forms of clemency: P-C-R-R-R
Pardon wipes, Commutation changes the kind, Remission cuts the length, Respite for a special reason, Reprieve presses pause.
Three vetoes India has, one it does not
“All Sensible Presidents” (Absolute, Suspensive, Pocket). The Qualified veto is the Quirky American one India does not have.
Article 74: 42 binds, 44 bounces
The 42nd Amendment bound the President to advice; the 44th let him bounce it back once.

Don’t Confuse

ThisvsThat
Art 72 — President; court martial and death sentence coveredvsArt 161 — Governor; no court martial, cannot pardon death sentence
Commutation — kind of punishment changesvsRemission — length of punishment changes
Reprieve — temporary stayvsRespite — lesser sentence for a special fact
Art 123 — President’s ordinancevsArt 213 — Governor’s ordinance
Art 143(1) — Supreme Court may advisevsArt 143(2) — Supreme Court must advise
Art 111 — Union BillsvsArt 201 — State Bills reserved by the Governor

Common Mistakes

MCQ traps
  • “The President can return a Money Bill for reconsideration.” Wrong. Money Bills cannot be returned.
  • “The President can withhold assent to a Constitutional Amendment Bill.” Wrong. Assent is mandatory since the 24th Amendment (1971).
  • “An ordinance can be issued only when both Houses are not in session.” Wrong. It can be issued when either House is not in session.
  • “An ordinance can amend the Constitution.” Wrong.
  • “The Governor can pardon a death sentence.” Wrong. He can commute it but cannot pardon it.
  • “The Supreme Court’s opinion under Art 143 binds the President.” Wrong. It is advisory.
  • “The 44th Amendment made ministerial advice binding.” It was the 42nd. The 44th added the power to return advice once.

Practice

All questions below are original practice questions written in CGPSC style. They are not previous-year questions.

Level 1: Foundation

  1. The provision that the President shall act in accordance with ministerial advice was made explicit by the ______ Amendment.
  2. An ordinance ceases to operate ______ weeks after the reassembly of Parliament.
  3. Name the form of clemency that reduces the period of a sentence without changing its character.
Answers
  1. 42nd Amendment (1976).
  2. Six weeks.
  3. Remission.

Level 2: Prelims MCQs

Q1. Consider the following statements about the President’s power under Article 111:

  1. The President can return a Money Bill once for reconsideration.
  2. If a returned Bill is passed again by Parliament, the President must give assent.
  3. The Constitution does not prescribe a time limit within which the President must act on an ordinary Bill.

Which of the statements given above is/are correct?

  • (a) 1 and 2 only
  • (b) 2 and 3 only
  • (c) 3 only
  • (d) 1, 2 and 3
Answer and explanation
(b) 2 and 3 only. Money Bills cannot be returned (statement 1 is wrong). A Bill re-passed with or without amendment must receive assent. The absence of a time limit is what makes the pocket veto possible.

Q2. Match List I (form of clemency) with List II (meaning):

List IList II
A. Commutation1. Temporary stay of execution of a sentence
B. Remission2. Substituting a lighter form of punishment
C. Respite3. Reducing the period of a sentence without changing its character
D. Reprieve4. Awarding a lesser sentence because of a special fact such as pregnancy
  • (a) A-2, B-3, C-1, D-4
  • (b) A-3, B-2, C-4, D-1
  • (c) A-2, B-3, C-4, D-1
  • (d) A-4, B-3, C-2, D-1
Answer and explanation
(c) A-2, B-3, C-4, D-1. Commutation changes the kind of punishment, remission the length, respite responds to a special fact, and reprieve is a temporary stay, often granted while a mercy petition is pending.

Q3. Which one of the following can the President do but the Governor of a State cannot?

  • (a) Commute a death sentence
  • (b) Grant pardon in a case of punishment by a Court Martial
  • (c) Promulgate an ordinance when the legislature is not in session
  • (d) Suspend a sentence
Answer and explanation
(b). Art 72 covers Court Martial sentences; Art 161 does not. The Governor can commute a death sentence (a), issue ordinances under Art 213 (c), and suspend sentences (d).

Q4. Consider the following statements regarding ordinances:

  1. An ordinance can be promulgated when only the Lok Sabha is in session.
  2. The 44th Amendment made the President’s satisfaction for issuing an ordinance immune from judicial review.
  3. Re-promulgation of an ordinance without placing it before the legislature has been held to be a fraud on the Constitution.

Which of the statements given above is/are correct?

  • (a) 1 and 3 only
  • (b) 2 only
  • (c) 1 and 2 only
  • (d) 1, 2 and 3
Answer and explanation
(a) 1 and 3 only. An ordinance can be issued when either House is not in session. Statement 2 reverses history: the 38th Amendment (1975) made satisfaction final, and the 44th (1978) removed that immunity. Statement 3 reflects D.C. Wadhwa (1987) and Krishna Kumar Singh (2017).

Q5. The advisory opinion of the Supreme Court under Article 143(1):

  • (a) is binding on the President
  • (b) must be given in every case referred
  • (c) is not binding on the President and the Court may decline to answer
  • (d) can be sought only on questions of law, not of fact
Answer and explanation
(c). Under Art 143(1) the Court may report its opinion (it declined in the 1994 Ram Janmabhoomi reference), and the opinion is advisory. References may cover questions of law or fact of public importance.

Level 3: Mains Answer Writing

Q1. (150–200 words) “The President of India is a constitutional head, but not a rubber stamp.” Discuss.

Model answer outline
  • Intro: Art 53 vests executive power in the President; Art 74 requires him to act on ministerial advice. India follows the British parliamentary model.
  • Constitutional head:
    1. Art 74(1) as amended by the 42nd and 44th Amendments; Shamsher Singh (1974).
    2. Ordinance, pardon and emergency powers are exercised on advice.
  • Not a rubber stamp:
    1. Can return advice once and return non-Money Bills (Arts 74, 111).
    2. Pocket veto (Zail Singh, 1986).
    3. Situational discretion in a hung Lok Sabha.
    4. Right to information under Art 78; the rights to warn, encourage and be consulted.
    5. Art 143 references, such as the 2025 reference on assent timelines.
  • Chhattisgarh angle: State Bills reserved by the Governor under Art 200 depend on the President’s decision; the 2025 opinion governs how long that can take.
  • Conclusion: The President is the conscience-keeper of the Constitution whose influence depends on moral authority rather than independent power.

Q2. (60 words) Distinguish between the pardoning powers of the President and the Governor.

Model answer outline
  • Source: Art 72 (President, Union laws) vs Art 161 (Governor, State laws).
  • Court Martial: only the President.
  • Death sentence: President can pardon; Governor can only suspend, remit or commute.
  • Both act on ministerial advice (Maru Ram, 1980) and are subject to limited judicial review (Epuru Sudhakar, 2006).

Quick Revision Table

FactDetail
Art 74(1)Aid and advise; binding (42nd, 1976); return once (44th, 1978)
Art 74(2)Advice cannot be inquired into by courts
Art 77All executive action in the President’s name
Art 85Summon, prorogue, dissolve Lok Sabha
Art 80Nominates 12 to Rajya Sabha
Art 111Absolute, suspensive and pocket vetoes; no qualified veto
Pocket vetoZail Singh, Indian Post Office (Amendment) Bill, 1986
Amendment BillsAssent mandatory (24th Amendment, 1971)
Art 123Ordinance; ceases 6 weeks after reassembly; max about 6 months + 6 weeks
Ordinance casesR.C. Cooper (1970), D.C. Wadhwa (1987), Krishna Kumar Singh (2017)
Art 72Pardon, commutation, remission, respite, reprieve; court martial; death sentence
Pardon casesMaru Ram (1980), Kehar Singh (1989), Epuru Sudhakar (2006), Shatrughan Chauhan (2014)
Art 143Advisory; not binding; November 2025 opinion: no court-imposed timelines, no deemed assent

Key Takeaways

Key Takeaways
  1. Art 74 is the key: the President acts on advice, may return it once, and courts cannot ask what advice was given.
  2. India has absolute, suspensive and pocket vetoes but no qualified veto; Money Bills and Amendment Bills are exceptions.
  3. Ordinances need a House not in session and real urgency; re-promulgation is a fraud on the Constitution.
  4. Art 72 is wider than Art 161: court martial and pardon of death sentence belong only to the President.
  5. Real discretion is situational, mainly in appointing the PM in a hung Parliament and in the timing of assent.

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