President

The office of the President stands as a cornerstone of India’s constitutional framework, wielding significant powers and responsibilities in the country’s governance structure. Established under Part V of the Indian Constitution, the President serves as the ceremonial head of the nation, embodying the spirit of unity and integrity while also playing a crucial role in the functioning of the government.

India follows a Parliamentary system of Government where the President serves as the Constitutional head of the state, comparable to the monarch in the United Kingdom. The Office of the President was established immediately after the adoption of the constitution on November 26, 1949. As part of the Union Executive, outlined in Articles 52-78 of Part V of the constitution, specific provisions pertain to the President’s role (Articles 52-62).
The President holds the executive authority of India, being the highest executive authority of the union, and also serves as the Supreme Commander of the armed forces. Additionally, the President is regarded as the foremost citizen of India, symbolizing the nation’s unity, integrity, and solidarity, and occupies the topmost position according to the warrant of precedence. Article 52 emphasizes the indispensable nature of the President in India’s constitutional framework, ensuring that the Office of the President cannot remain vacant under any circumstances.

Constitutional Provisions

Election of President

The President of India is elected by an electoral college comprising elected members of both Houses of Parliament and Legislative Assemblies of States and Union Territories, excluding nominated members.
Members nominated to various legislative bodies are ineligible to vote in the presidential election.
Voting in the electoral college is conducted through proportional representation using a single transferable vote system, allowing members to express preferences for multiple candidates.
The formula to determine the value of the vote of an MLA = Population of the state ÷ (No. of M.L.A.s in the state X 1000).
The formula to determine the value of the vote of an MP = Total value votes assigned to all the M.L.A.s ÷ Total number of MPs.
Each MP had a vote value of 708 in the Presidential Election of 2012.
The candidate securing a majority of votes in the electoral college is declared elected as the President of India.
The Election Commission of India announces the election date and invites nominations from eligible candidates, who must be Indian citizens, at least 35 years old, and eligible for Lok Sabha membership.
Each candidate requires support from 50 proposers and 50 seconders who are members of the electoral college.
After scrutinizing nominations, the Election Commission publishes a list of valid candidates.
The elected members of Parliament and State Legislative Assemblies cast their votes, and the votes are counted to determine the winner.
The elected candidate takes the oath of office and assumes the duties of the President of India.

Who participate in Presidential Election:

Elected members of the two Houses of Parliament
Elected members of the Legislative Assemblies of the States
Elected members of the Legislative Assembly of National Capital Territory (NCT) of Delhi the UT of Pondicherry

Who does not participate in Presidential Election:

Nominated Members of Lok Sabha (Anglo Indian – 2 members) and Rajya Sabha (12 members)
Nominated Members of State Legislative Assemblies (Anglo Indian-1)
Members of Legislative Councils (Both elected and nominated) in bicameral legislatures
Nominated Members of UTs of Delhi and Puducherry

Why is president elected indirectly?

The President primarily holds a ceremonial role and is not involved in day-to-day governance.
Direct election of the President might lead to the emergence of two competing power centers.
The President is expected to remain impartial and above party politics.
The ceremonial nature of the President’s role saves time, resources, and energy as they lack significant executive powers.
The President is not directly accountable to the people.
Winning a direct presidential election requires securing over 50% of the votes as the first preference, which can be challenging.
The Constitution framers intended to concentrate governmental power in the Council of Ministers and the Legislature rather than in the President.
B.R. Ambedkar likened the President’s role to a ceremonial device for formalizing the nation’s decisions.

Qualification of President

He should be an Indian Citizen
His age should be a minimum of 35 years
He should qualify the conditions to be elected as a member of the Lok Sabha
Must be register as an elector in India
He should not hold any office of profit under the central government, state government, or any public authority.
The nomination paper of a candidate must be signed by at least 50 eligible voters.

Oath of Office of President

to faithfully execute the office;
to preserve, protect and defend the Constitution and the law;
to devote himself to the service and well-being of the people of India

Condition of Office of President

He should not be a member of either House of Parliament or a House of the state legislature. If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
He should not hold any other office of profit.
He is entitled, without payment of rent, to the use of his official residence (the Rashtrapati Bhavan).
He is entitled to such emoluments, allowances, and privileges as may be determined by Parliament.
His emoluments and allowances cannot be diminished during his term of office.

Term and Vacancy of Office of President

The President’s term lasts for five years from the date of assuming office, with the option to resign at any time by submitting a resignation letter to the Vice-President. They can also be removed through impeachment proceedings before completing their term.
The President remains in office until their successor assumes the role and can be re-elected for multiple terms. However, in the United States, a President cannot serve more than two terms.
Vacancies in the office of the President can occur upon the completion of their five-year term, resignation, impeachment, death, or disqualification from holding office.

Impeachment of President of India

The President can face impeachment for violating the Constitution, although the specific acts constituting such a violation are not outlined in the Constitution.

Impeachment can be initiated by either House of Parliament, with the charges endorsed by at least one-fourth of the members of that House. The President receives a 14-day notice before the proceedings commence and has the right to appear and be represented during the inquiry. If a resolution is passed by a two-thirds majority in both Houses, the President is removed from office. During impeachment proceedings, the President has the right to appear & to be represented at such an investigation to defend himself.

Impeachment is a quasi-judicial process within Parliament, allowing nominated members from either House to participate, even though they cannot vote in the presidential election. However, members of state legislative assemblies and Union Territories of Delhi and Puducherry, who have voting rights in the presidential election, do not partake in impeachment proceedings. As of now, no President has been impeached.

Legal Safeguard to President

361 (1) – The President is not answerable to any court when in office but the exception is that parliament can authorize any tribunal, court or body for the investigation of charge under Art. 61.
361 (2) – No criminal proceeding can be instituted or continued against President or Governor while in office
361 (3) – No proceedings for the arrest or imprisonment of the President or Governor shall be done by any court while in office.
361 (4) – Civil proceedings against a Governor or President against things done by him in his personal capacity can be done only with a previous 2 months’ notice.

Powers and Function of President

Executive Power

The President of India holds all executive powers of the Union, which are exercised either directly or through subordinate officers as per the Constitution.
Supreme Command of the Defence Forces rests with the President, who exercises it within the bounds of the law.
Appointments within the government, including the Prime Minister, ministers, Attorney General of India, Comptroller and Auditor General of India, Chief Election Commissioner, and other key positions, are made by the President.
Additionally, the President appoints Governors of states, members of various commissions such as the Finance Commission, and receives credentials of foreign diplomats.
As the Commander in Chief of the Indian Armed Forces, the President holds significant military authority.
The President possesses the power to grant pardons or reduce sentences for convicted individuals, particularly in cases involving capital punishment.
Information pertaining to the administration of Union affairs and legislative proposals are sought by the President from the Prime Minister.
The President can declare areas as scheduled or tribal areas and has jurisdiction over their administration.
Union Territories are directly administered by the President through appointed administrators.
Furthermore, the President has the authority to establish an Inter-State Council to facilitate cooperation between the Centre, states, and union territories.
Rules for the efficient conduct of Union government business, as well as the allocation of responsibilities among ministers, are established by the President.

Legislative Power

The President holds the authority to convene or adjourn sessions of Parliament and dissolve the Lok Sabha.
At the commencement of each year and after general elections, the President has the privilege to address Parliament.
The President can call for a joint sitting of both houses of Parliament, chaired by the Speaker of the Lok Sabha.
Reports from various commissions such as the UPSC, CAG, Election Commission, Finance Commission, and CVC are laid before Parliament by the President.
Decisions regarding the disqualification of Members of Parliament in anti-defection cases fall under the President’s jurisdiction, delegated to the Presiding Officer of the respective house.
For territories such as Andaman & Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Puducherry, the President establishes rules and regulations to ensure peace and progress.
Nomination of members to the Rajya Sabha (12 members) and Lok Sabha (2 members from the Anglo-Indian community) is the President’s prerogative.
The President’s prior recommendation or permission is required for introducing bills in Parliament that involve expenditure from the Consolidated Fund of India, alteration of state boundaries, or creation of a new state.
Upon receiving a bill passed by Parliament, the President can give assent, withhold assent, or return the bill for reconsideration, except in the case of Money Bills or Constitutional Amendment Bills.
Veto Powers of President:
Absolute Veto: The President possesses the authority to refuse their assent to a bill passed by Parliament, thereby preventing it from becoming law. This power has been exercised on notable occasions in India’s legislative history.
For instance, President Rajendra Prasad withheld his assent to the PEPSU appropriation bill in 1954, and President R Venkataraman did the same to the Salary, Allowances, and Pension of Members of Parliament (Amendment) Bill in 1991. Typically, this veto is employed in two scenarios: when dealing with private member’s bills and when the cabinet resigns, prompting the new cabinet to advise the President against granting assent to certain bills that have already been passed by Parliament.
Suspensive Veto: The President has the authority to return a bill passed by Parliament for reconsideration, a provision introduced through the 44th Amendment Act of 1978. If the bill is passed again by Parliament, with or without amendments, and presented once more to the President, it becomes obligatory for the President to grant assent to the bill. However, this veto power does not apply to money bills as specified in Article 110 of the Constitution. It’s noteworthy that the Presidential veto can be overridden by a re-passage of the bill by the same ordinary majority, unlike the higher majority required in the United States.
Pocket Veto: The President has the option to indefinitely delay giving assent or refusing a bill, commonly referred to as pocketing a bill. In this veto, the President neither approves nor rejects nor returns the bill. It’s important to note that the pocket veto does not apply to Constitutional Amendment Bills, as specified in the 24th Amendment of 1971, which mandates the President to give assent to Constitutional Amendment Bills.
Similarly, if a bill passed by a State Legislature is sent to the President for consideration, the President can give assent, withhold assent, or direct the Governor to return the bill for reconsideration, excluding Money Bills.

In the absence of both Houses of Parliament, the President can promulgate ordinances, effective for up to six months and six weeks.
Ordinance Making power: Article 123 grants the President the authority to issue ordinances during the recess of Parliament. These ordinances carry the same legal weight as acts of Parliament but are temporary in nature. This power is intended to address unforeseen or urgent matters.
However, it’s important to note that this power is not discretionary, and the President can only promulgate or withdraw an ordinance based on the advice of the Council of Ministers headed by the Prime Minister. Ordinances can have retrospective effects and may modify, repeal, or amend existing laws, including tax laws. However, this power cannot be used to amend the Constitution.

Judicial Power

The President has the authority to appoint the Chief Justice and other judges of the Supreme Court, as well as judges of the high courts.
Article 143 of the Constitution empowers the President to seek the Supreme Court’s advice on any matter of law or fact. However, the advice provided by the Supreme Court is not binding on the President.
Under Article 72, the President holds the power to grant pardons, reprieves, respites, and remissions of punishment, or to suspend, remit, or commute the sentences of individuals convicted of offenses under certain circumstances. These circumstances include cases where the punishment or sentence is pronounced by a court martial, offenses against Union laws, or cases where the sentence is death.
- PARDON – This action removes both the sentence and conviction, thereby absolving the convict entirely from all punishments, sentences, and disqualifications.
- COMMUTATION – This involves replacing one form of punishment with a lighter one. For example, a death sentence may be commuted to rigorous imprisonment.
- REMISSION – This refers to reducing the duration of a sentence without changing its nature. For instance, a two-year sentence of rigorous imprisonment may be remitted to one year.
- RESPITE – This entails awarding a lesser sentence instead of the original one, often due to special circumstances such as the convict’s physical disability or a female offender’s pregnancy.
- REPRIEVE – This indicates a temporary halt in the execution of a sentence, especially death, to provide the convict with time to seek pardon or commutation from the President.
The Supreme Court has examined the President’s pardoning power in various cases and established the following principles:
- The petitioner seeking mercy does not have the right to an oral hearing by the President.
- The President has the authority to review the evidence independently and form a different opinion from that of the court.
- The power is to be exercised by the President based on the recommendations of the union cabinet.
- The President is not obligated to provide reasons for his decision.
- The President can grant relief not only from a perceived overly harsh sentence but also from a discernible mistake.
- Specific guidelines for the exercise of the President’s power are not necessary according to the Supreme Court.
- The President’s exercise of power is generally not subject to judicial review unless the decision is arbitrary, irrational, made in bad faith, or discriminatory.
- Filing another mercy petition after a previous one has been rejected by the President does not warrant a stay.

Diplomatic Power

International treaties and agreements are ratified on behalf of the President, pending approval from Parliament.
Additionally, the President serves as the representative of India in international forums and is responsible for sending and receiving diplomats, including Ambassadors and High Commissioners.

Military Power

The President holds the highest authority over India’s defense forces, serving as the supreme commander.
They have the authority to declare war and negotiate peace, although such actions require approval from Parliament.
Additionally, the President appoints the chiefs of the Army, Navy, and Air Force.

Also read about Federal feature of Indian Constitution.