President of India

President of India(Article 52)

The Indian President is the head of the state. He is the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation. He is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.

Election of President (Article 54)

There is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of:

1. Lok Sabha and Rajya Sabha   
2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

The term of the President’s office(Article 56)

Once President is elected, he holds office for five years. He sits in the office even after the completion of five years given no new election has taken place or no new President has been elected till then. He can also be re-elected and there is no cap on his re-election.

The qualifications of the President(Article 58)

A candidate has to meet some qualifications to be elected as the president. Those qualifications of the President are:

1. He should be an Indian Citizen
2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok Sabha
4. He should not hold any office of profit under the central government, state government, or any public authority

The conditions of the President’s office(Article 59)

There are a few conditions for the candidate running for the President’s elections:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office.
2. He should not hold any office of profit.
3. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent.
4. Parliament decides his emoluments, allowances and privileges.
5. Parliament cannot diminish his emoluments and allowances during his term of office.
6. He is given immunity from any criminal proceedings, even in respect of his personal acts.

The procedure for impeachment of a President(Article 61)

The only condition for the initiation of impeachment of the Indian president is the ‘violation of the constitution.

Indian Constitution contains no definition of ‘violation of the constitution.

The impeachment process of President is given below. (We have taken Lok Sabha as the first house to initiate the impeachment charges, however, Rajya Sabha too can initiate the impeachment charges against President and in that case, it will pass the resolution and send the charges to Lok Sabha which will investigate and pass it if it finds those charges valid.)

The President’s office be vacant:

Yes, his office can be vacant in the following ways:

1. When the President of India completes his term of five years in the office.
2. If the President resigns by putting forward his resignation to the Vice-President of India.
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed.
4. If he dies in the office.
5. If the Supreme Court declares his election invalid.

Vice-President discharges the duties as President; if the latter’s office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President’s Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence); Supreme Court’s senior-most judge, discharge the functions of the President (till new President is elected.)

The powers and functions of the President of India:

Executive Powers of President:

1. For every executive action that the Indian government takes, is to be taken in his name.
2. He may/may not make rules to simplify the transaction of business of the central government.
3. He appoints the attorney general of India and determines his remuneration.

He appoints the following people:

1. Comptroller and Auditor General of India (CAG)
2. Chief Election Commissioner and other Election Commissioners
3. Chairman and members of the Union Public Service Commission
4. State Governors
5. Finance Commission of India chairman and members

He seeks administrative information from the Union government. He requires PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council:

He appoints National Commissions of India:

1. Scheduled Castes.
2. Scheduled Tribes Read about.
3. Other Backward Classes.
4. He appoints inter-state council.
5. He appoints administrators of union territories.
6. He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.

Legislative Powers of President:

1. He summons or prorogues Parliament and dissolve the Lok Sabha.
2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock.
3. He addresses the Indian Parliament at the commencement of the first session after every general election.
4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant.
5. He nominates 12 members of the Rajya Sabha.
6. He can nominate two members to the Lok Sabha from the Anglo-Indian Community.
7. He consults the Election Commission of India on questions of disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of bills (to read on how a bill is passed in the Indian Parliament, check the linked article.)
9. He promulgates ordinances.

He lays the following reports before the Parliament:

1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.
4. Financial Powers of President

To introduce the money bill, his prior recommendation is a must. He causes Union Budget to be laid before the Parliament. To make a demand for grants, his recommendation is a pre-requisite. 

Contingency Fund of India is under his control:

He constitutes the Finance Commission every five years.

Judicial Powers of President

1. pointment of Chief Justice and Supreme Court/High Court Judges are on him.
2. He takes advice from the Supreme Court, however, the advice is not binding on him.
3. He has pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence.

Pardoning powers of the president includes the following types:

1. Pardon with the grant of pardon convicts both conviction and sentence completely absolved.
2. Commutation  with this nature of the punishment of the convict can be changed.
3. Remission reduces the term of the imprisonment.
4. Respite  awards lesser punishment than original punishment by looking at the special condition of a convict.
5. Reprieve stays the execution of the awarded sentence for a temporary period.

Diplomatic Powers of President

International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name,He is the representative of India in international forums and affairs.

Military Powers of President

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army
2. Chief of the Navy
3. Chief of the Air Force
4. Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)
2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)

The Ordinance Making Power of the President:

Article 123 deals with the ordinance making power of the President. The President has many legislative powers and this power is one of them. He promulgates an ordinance on the recommendation of the union cabinet. 

The Veto Power of the President:

When a bill is introduced in the Parliament, Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is on the President of India to either reject the bill, return the bill or withhold his assent to the bill. The choice of the President over the bill is called his veto power. The Veto Power of the President of India is guided by Article 111 of the Indian Constitution.

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