President of India

President of India

The President is the constitutional head of the Indian Union and the formal head of the executive. Article 52 provides that there shall be a President of India, while Article 53 vests the executive power of the Union in the President. However, under Article 74, the President generally exercises these powers on the aid and advice of the Council of Ministers headed by the Prime Minister.

The President symbolises the unity, integrity and continuity of the nation and is also the Supreme Commander of the Defence Forces. Smt. Droupadi Murmu, sworn in on 25 July 2022, is the 15th President of India.

Election of the President – Article 54

The President is elected indirectly by an Electoral College consisting of:

• Elected members of both Houses of Parliament—Lok Sabha and Rajya Sabha.
• Elected members of the Legislative Assemblies of all States.
• Elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry.

The following members do not participate:

• Nominated members of Parliament.
• Nominated members of State Legislative Assemblies.
• Members of State Legislative Councils.
• Nominated members of the Legislative Assemblies of Delhi and Puducherry.

Thus, the Electoral College reflects the federal character of the Constitution by ensuring participation of both the Union and the States.

Manner of Election – Article 55

Article 55 seeks to maintain uniformity among States and parity between the States collectively and the Union in the presidential election.

System of Election

The President is elected according to:

• Proportional Representation by means of the Single Transferable Vote.
• Secret ballot.
• Preferential voting, in which electors mark candidates according to their order of preference.

Political parties cannot issue a binding whip to electors because voting takes place through a secret ballot.

Term of Office – Article 56

• The President holds office for a term of five years from the date of entering office.
• The President continues in office even after the completion of five years until the successor assumes charge.
• The President may resign by submitting a written resignation to the Vice-President.
• The President may be removed through impeachment for violation of the Constitution under Article 61.
• The Vice-President must communicate the President’s resignation to the Speaker of the Lok Sabha.

Eligibility for Re-election – Article 57

A person who has held or is holding the office of President is eligible for re-election. The Constitution does not prescribe any limit on the number of terms a person may serve as President.

Dr. Rajendra Prasad remains the only President to have been elected for two full terms.

Qualifications for Election as President – Article 58

A person must fulfil the following qualifications:

• Must be a citizen of India.
• Must have completed 35 years of age.
• Must be qualified for election as a member of the Lok Sabha.
• Must not hold any office of profit under the Union Government, State Government, local authority or any other public authority.

The offices of President, Vice-President, Governor and Union or State Minister are not treated as offices of profit for this purpose.

Nomination Requirements

A presidential candidate’s nomination must be subscribed by at least:

• 50 electors as proposers; and
• 50 electors as seconders.

The candidate must also deposit ₹15,000 as security with the Reserve Bank of India.

Conditions of the President’s Office – Article 59

• The President cannot be a member of Parliament or of any State Legislature.
• If a member of Parliament or State Legislature is elected President, the legislative seat is deemed vacant from the date the person enters the presidential office.
• The President cannot hold any other office of profit.
• The President is entitled to the official residence without payment of rent.
• The President receives emoluments, allowances and privileges determined by Parliament.
• The President’s emoluments and allowances cannot be reduced during the term of office.

Oath or Affirmation – Article 60

Before entering office, the President takes an oath or affirmation to:

• Faithfully execute the office of President.
• Preserve, protect and defend the Constitution and the law.
• Devote oneself to the service and well-being of the people of India.

The oath is administered by the Chief Justice of India or, in their absence, the senior-most available judge of the Supreme Court.

Impeachment of the President – Article 61

The President may be removed from office for “violation of the Constitution.” However, the Constitution does not define this expression.

Procedure

• The impeachment charge may be initiated in either House of Parliament.
• A written notice of at least 14 days must be given.
• The notice must be signed by at least one-fourth of the total membership of the House initiating the charge.
• The initiating House must pass the resolution by a majority of at least two-thirds of its total membership.
• The other House then investigates the charges or causes them to be investigated.
• The President has the right to appear and be represented during the investigation.
• If the investigating House also passes the resolution by a two-thirds majority of its total membership, the President is removed from office from the date of the resolution.
• Both elected and nominated members of Parliament participate in impeachment, while members of State Legislatures have no role in the process.

Vacancy in the Office of President – Article 62

• An election to fill a vacancy caused by the expiry of the President’s term must be completed before the term expires.
• If the vacancy arises due to death, resignation, removal or any other reason, the election must be held within six months.
• The person elected to fill a casual vacancy is entitled to a full term of five years from the date of entering office.
• During the vacancy, the Vice-President acts as President under Article 65.

Powers of the President

Executive Powers: The executive power of the Union is formally vested in the President under Article 53.

Administrative Powers

• All executive actions of the Government of India are formally taken in the President’s name.
• The President makes rules for the convenient transaction of Union government business and its allocation among ministers.
• The President may seek information from the Prime Minister regarding the administration of Union affairs and legislative proposals.
• The President may require the Prime Minister to place before the Council of Ministers any matter decided by an individual minister.

Appointment Powers

The President appoints:

• Prime Minister and, on the Prime Minister’s advice, other Union Ministers.
• Attorney-General of India.
• Comptroller and Auditor-General of India.
• Chief Election Commissioner and other Election Commissioners.
• Chairperson and members of the Union Public Service Commission.
• Governors of States.
• Finance Commission members.
• Chief Justice and judges of the Supreme Court and High Courts.
• Ambassadors, High Commissioners and other diplomatic representatives.

Military and Diplomatic Powers

• The President is the Supreme Commander of the Defence Forces.
• The President appoints the chiefs of the Army, Navy and Air Force.
• International treaties and agreements are concluded in the President’s name, subject to parliamentary law.
• The President appoints Indian diplomatic representatives and receives foreign diplomats.

Legislative Powers: The President is an integral part of Parliament under Article 79.

Summoning and Dissolution

• The President summons and prorogues both Houses of Parliament.
• The President may dissolve the Lok Sabha.
• The President may summon a joint sitting of Parliament under Article 108 to resolve a deadlock over an ordinary Bill.

Address to Parliament

The President addresses Parliament at the commencement of the first session after every general election and the first session of each year.

The President may address either House or both Houses assembled together and may send messages to them.

Nomination

The President nominates 12 members to the Rajya Sabha from persons having special knowledge or practical experience in literature, science, art and social service.

Assent to Bills – Article 111

When a Bill is presented, the President may:

• Give assent to the Bill.
• Withhold assent, exercising an absolute veto.
• Return a non-Money Bill once for reconsideration, exercising a suspensive veto.

If Parliament passes the returned Bill again, with or without amendments, the President must give assent. The Constitution does not prescribe a time limit for deciding a Bill, making a pocket veto possible.

Financial Powers

• A Money Bill can be introduced in the Lok Sabha only with the President’s prior recommendation.
• The Union Budget is laid before Parliament in the President’s name.
• Demands for grants can be made only on the President’s recommendation.
• The President constitutes the Finance Commission under Article 280.
• Advances from the Contingency Fund of India are made with presidential authorisation.

Ordinance-making Power – Article 123

The President may promulgate an Ordinance when either House of Parliament is not in session and immediate legislative action is necessary.

• An Ordinance has the same force as an Act of Parliament.
• It must be approved by Parliament within six weeks of its reassembly.
• The President may withdraw it at any time.
• This power is exercised on the aid and advice of the Council of Ministers.

Pardoning Power – Article 72

Article 72 empowers the President to grant clemency in cases involving:

• Punishment imposed by a court martial.
• Offences against laws relating to matters within the Union’s executive power.
• All cases involving a sentence of death.

Forms of Clemency

• Pardon: Completely removes both the sentence and the conviction.
• Commutation: Replaces a severe punishment with a lighter form of punishment.
• Remission: Reduces the period of punishment without changing its character.
• Respite: Awards a lesser sentence due to special circumstances such as pregnancy or physical disability.
• Reprieve: Temporarily suspends the execution of a sentence, particularly a death sentence, to allow time for seeking clemency.

The President exercises this power on the binding aid and advice of the Union Council of Ministers under Article 74; it is not a personal act of grace.

Emergency Powers: Summary

Judicial Powers

• The President appoints the Chief Justice of India and other judges of the Supreme Court and High Courts.
• Judges of the Supreme Court and High Courts are formally removed by the President after Parliament passes an address with the constitutionally prescribed special majority.
• Under Article 143, the President may refer a question of law or fact of public importance to the Supreme Court for its advisory opinion.
• The Supreme Court’s opinion under Article 143 is advisory and is generally not binding on the President.
• Under Article 72, the President may grant clemency in specified criminal cases, although the exercise of this power is subject to limited judicial review.
• Under Article 71, disputes relating to the election of the President or Vice-President are decided exclusively by the Supreme Court.

Conclusion

The President combines constitutional dignity with essential executive, legislative, judicial and emergency functions. Although normally bound by ministerial advice, the office acts as a constitutional guardian, ensures continuity of government and provides stability during political uncertainty while operating within the framework of parliamentary democracy.

Emergency | Article | Major provision

National Emergency | Article 352 | May be proclaimed on grounds of war, external aggression or armed rebellion. It strengthens the Union and modifies normal federal relations.

President’s Rule | Article 356 | May be imposed when the constitutional machinery of a State fails, allowing the President to assume State executive functions and Parliament to exercise State legislative powers.

Financial Emergency | Article 360 | May be proclaimed when the financial stability or credit of India or any part thereof is threatened. No Financial Emergency has been declared so far.