President

President of India

• The President of India is both the country's head of state and its first citizen. There shall be a President of India, according to "Article 52" of the Indian Constitution. Part V of the Constitution (The Union), Chapter I (The Executive), lists the qualifications, election, and impeachment of India's President.
• The President of India is the Republic of India's head of state. The President is the formal head of the executive, legislature and judiciary of India and is also the commander-in-chief of the Indian Armed Forces.
• Although Article 53 of the Indian Constitution states that the President may exercise his or her powers directly or through subordinate authority, with few exceptions, the Council of Ministers exercises all of the President's executive authority (CoM).

Constitutional Provisions - The President

• The head of the state is the President of the United States and the Governor of each state, in whose name executive powers are vested but not exercised.
• They are the nominal or titular executive (de jure head).
• Article 53 of the Indian Constitution vests the executive power of the union in the President, who may exercise it directly or through officers subordinate to him under the constitution.
• He is the Armed Forces Supreme Commander.
• He is India's first citizen and holds the first position in the order of precedence.
• All executive actions are carried out in his name.

Other Constitutional Provision for President

Qualification for the Office of President

• He must be an Indian citizen.
• He must have reached the age of 35.
• He may not hold any profit-making office under the Government of India, the Governments of any States, or any local or other authority subject to the control of any of the aforementioned Governments.
• He must be eligible for election to the House of the People, or Lok Sabha.

India's Presidential Election

• Article 54 specifies that the President of India will be elected.
• The Indian President is elected indirectly through the single-transferable voting system. The President is elected by an electoral college composed of elected government representatives who form the government after being elected in the state assembly and national elections. Members of both houses and state legislatures who have been nominated are not allowed to vote in the presidential election. As a result, the electoral college for the presidential election consists of the following members: Lok Sabha and Rajya Sabha Legislative Assemblies of the states Legislative Assemblies of the Union Territories of Delhi, Jammu & Kashmir, and Puducherry (Since 1992 through 70th Constitutional Amendment Act)
• Article 55 specifies how the President is elected. According to the Constitution, the president is elected indirectly through the electoral college.
• The election will be conducted using a secret ballot.
• The election will be held using a single transferable vote under the proportional representation system.

India's Presidential Election Process

• Nomination
• The nomination of a candidate for president must be supported by at least 50 electors as proposers and 50 electors as seconders. Each candidate must make a 15,000 (US$210) security deposit with the Reserve Bank of India. If the candidate does not receive one-sixth of the votes cast, the security deposit will be forfeited.

What are the conditions for victory?

• A nominated candidate does not win by a simple majority, but rather by accumulating a certain number of votes. During the counting process, the EC totals all valid votes cast by the electoral college via paper ballots, and the candidate must receive 50% of the total votes cast + 1.
• Unlike in general elections, where electors vote for a single party's candidate, electoral college voters write the names of candidates in the order of preference on the ballot paper.
• The presidential election is held in accordance with the proportional representation system, with a single transferable vote and secret ballot voting.

What is the worth of each vote, and how is it determined?

• Each vote cast by an MP or MLA is not counted as a single vote.
• Each vote cast by a Rajya Sabha or Lok Sabha MP has a fixed value of 700.
• Meanwhile, the vote value of each MLA varies from state to state based on a calculation that takes into account the population of the state in relation to the number of legislative Assembly members.
• According to the Constitution (Eighty-fourth Amendment) Act 2001, the population of states is currently based on figures from the 1971 Census. This will change when the Census figures from after 2026 are published.
• The value of each MLA's vote is calculated by dividing the State's population by the number of MLAs in its legislative Assembly and then dividing the result by 1000.
• For example, Uttar Pradesh has the highest vote value for each of its MLAs, at 208. In Maharashtra, one MLA's vote is worth 175, whereas, in Arunachal Pradesh, it is only worth 8.

• Electoral Disputes
• All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be investigated and decided by the Supreme Court, according to Article 71 of the Constitution.
• Article 57 Eligibility for Re-Election – Constitution Of India
• A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.

President's Office Conditions

• The President shall not be a member of either House of Parliament or the House of State Legislatures, and if he/she is, he/she shall be deemed to have vacated his/her seat in that House on the date he/she assumes office as President.
• He has the right to use his official residence without paying rent. He is also entitled to such emolument, allowance, and privileges as the Parliament may determine by law.
• Under Article 361 of the Constitution, he has personal immunity from legal liability for his official acts of commission and omission, as well as immunity for acts done outside the provisions of the Constitution.
• He is immune from any criminal proceedings during his term of office. He is not subject to arrest or imprisonment. Civil proceedings can, however, be brought against him during his term of office for his personal acts if he gives two months' notice.
• The emolument and allowance of the President cannot be diminished during his term of office.

No Spoils System

• Apart from the ability to nominate the aforementioned functionaries, the Indian Constitution does not grant the President the same absolute power as the American Constitution to appoint inferior Union officers.
• As a result, the Indian Constitution seeks to avoid America's divisive "spoils system," in which the President fills approximately 20% of federal civil service positions without consulting the Civil Service Commission and as a reward for party loyalty.
• The President's Oath
• The President takes oath in the presence of the Chief Justice of India "to preserve, protect and defend the Constitution and law".
• Period of Office

President's Term of Office

• The President shall hold office for a term of 5 years from the date on which he enters upon his office.
• Even after his term expires, he shall continue in office until his successor takes his place.
• He can also run for re-election an unlimited number of times.
• The President may, however, resign before the end of his normal 5-year term by writing to the Vice-President.
• He could also be impeached and removed from office for violating the Constitution.

Relationship between the President and the Ministerial Council

• Prior to the 42nd Constitutional Amendment Act of 1976, there was no provision in the Constitution requiring the President to follow the advice of the Council of Ministers.
• It changed Article 74 to make the Council of Ministers' advice constitutionally binding on the President.
• In a number of cases, the Supreme Court has ruled that the President is bound by the advice of the Council of Ministers as long as the Council of Ministers has the support of the Lok Sabha.
• Article 74 was further amended by the 44th Constitutional Amendment Act of 1978, which included a proviso.
• The President may request that the Council of Ministers reconsider such advice, but the President is not obligated to act on the advice provided after such reconsideration.
• Article 78(a) imposes on the Prime Minister the obligation to keep the President informed of all Cabinet decisions concerning the administration of the Union's affairs and legislative proposals, as well as to provide all information requested by the President.
• The President may request that the Prime Minister submit a matter on which an individual minister has made a decision but which has not been considered by the Council of Ministers.

Relationship between the Republic and President

• India is a republic with a parliamentary government, with the President and Prime Minister serving as the two most important positions. In India, the President is the head of state, while the Prime Minister is the head of government.
• Legislative, Executive, or Appointment powers, Judicial powers, Financial powers, Diplomatic powers, Military powers, Pardoning powers, and Emergency powers are the broad categories of the Indian President's powers.
• The President of India appoints other constitutional officers, as well as some other important members of the Central Government, such as the Prime Minister, the Council of Ministers, the Chief Justice of India, along with other Supreme Court and High Court judges, and other members of National Commissions, UPSC, and so on.
• Although Article 53 of the Indian Constitution states that the President may exercise his or her powers directly or through subordinate authority, with few exceptions, the President's executive authority is exercised in practice by the Council of Ministers led by the Prime Minister. As a result, the Prime Minister's role is critical.

India's Prime Minister

• According to Article 75 of the Indian Constitution, the country will have a Prime Minister who will be appointed by the President.
• He or she is the people's representative and India's political leader.
• He or she serves as a link between Parliament and the President.

Relationship Between the Prime Minister and the President

• The following Constitutional provisions address the relationship between the President and the Prime Minister:
• Article 74 states that there shall be a council of ministers, led by the Prime Minister, to assist and advise the President, who shall act in accordance with such advice in the exercise of his functions.
• The President may, however, request that the council of ministers reconsider such advice, and the President shall act in accordance with the advice offered after such reconsideration.
• Article 75 states that: (a) The Prime Minister is appointed by the President, and the other ministers are appointed by the President on the Prime Minister's advice.
• (b) The ministers shall serve at the pleasure of the president.
• (c) The ministerial council shall be collectively accountable to the House of People.
• Article 78 states that it is the Prime Minister's responsibility to: (a) communicate to the President all decisions of the Council of Ministers relating to the administration of the Union's affairs and legislative proposals.
• (b) to provide such information about the administration of Union affairs and legislative proposals as the President may request.
• (c) If the President so requests, to submit to the council of ministers any matter on which a minister has made a decision but which has not been considered by the council.

Historically, there have been conflicts between the president and the prime minister.

• The squabble between Dr Rajendra Prasad (India's first President) and Jawaharlal Nehru (India's first Prime Minister) over the Hindu Code Bill (1955-56).
• During Rajiv Gandhi's Prime Ministership (1984-89), there was a schism between Giani Zail Singh (President of India between 1982 and 1987) and Rajiv Gandhi, when for nearly two years (1985-87), no Union minister officially called on the President, even when summoned.
• In 1986, the President used a pocket veto to deny assent to the "Post Office (Amendment) Bill" to demonstrate his opposition to the bill.

The President's Role in Parliamentary Democracies

• Looking at the global systems used to administer democratic governance, there are a variety of models to which Nations refer, and it is frequently the case that mixed systems are used to better suit the needs of a given State. Keeping this in mind, parliamentary republics thrive in two major geographical areas: Europe and South Asia. Other than the two regions mentioned above, few states present parliamentary forms of democratic governance; however, they are not only a few in number; it is also worth noting that, with the exception of parliamentary democracies that are part of monarchies, they also manifest themselves as isolated cases rather than regional echoes.
• To synthesise the essence of such a system, "in parliamentary regimes cabinet accountability to parliament produces a fused executive-legislative authority manifested in a cabinet" in a way that "the cabinet leader, usually known as prime minister, or premier, needs the support of a parliamentary majority to stay in power". This would be in contrast to the main feature of presidential, which is the replacement of monarchs with presidents elected for a fixed term.
• While the two functions of the Head of Government and Head of State are covered by a single elected individual in presidentialism, parliamentarism is centred on the separation of the two into separate roles, covered by individuals elected directly and/or indirectly. In a powerful description of the two roles, the Head of State has been defined as "above politics. He or she stands for the things that all members of society share and refuses to get involved in the trivial squabbles that divide them. As a result, the person who fills this role must be dignified, conventional, and friendly to all citizens. In other words, the Head of State personifies the concept of the polity".
• It is clear, then, that the role of the President in parliamentary republics is ultimately super part and aimed at maintaining national unity. Similarly, in parliamentary systems, the presidential office is linked to a nation's core values and is aimed at preserving them beyond the mutability of political objectives and agendas.
• The specific characteristics of the role of the Head of Government within parliamentary systems support this interpretation of the President's fundamental role. Indeed, it has been powerfully highlighted that "the aspirations, behaviour, and achievements of political actors are crucially conditioned by the opportunities and limits set by the institutional framework in which they interact".
• In line with this consideration, one of the main operational elements of parliamentary systems - which can be viewed as an opportunity for constituents and democracy overall, but also as a limit for the Prime Minister's office - is the ability to call premature elections in order to make people decide whenever fundamental "competing claims" between the executive and legislative powers arise.
• When it comes to the protection of democracy, the possibility of premature elections serves as a preventive mechanism to ensure the good health of the democratic system and the opportunity to align the political agenda with the core values of a nation, when a disagreement over such a requirement becomes irresolvable. Indeed, "one of the most powerful arguments for parliamentary systems is their apparent greater flexibility, which is attributed to the fact that a nonperforming prime minister can easily be deposed by a no-confidence vote," according to one argument. Finally, this is a critical guarantee of parliamentary systems.
• When looking at parliamentary republics in Europe and Asia from a regional perspective, it seems appropriate to list the countries exhibiting such governance similarity, as their individual circumstances and histories - how parliamentary republics came about in such countries - can reveal a lot about the nature of the governance of choice and its impact within a State.

The Impeachment Process of India's President

• The impeachment of India's President is a quasi-judicial process. Article 61 describes the process of impeaching India's President:
• Only a violation of the constitution can result in the President's removal from office through the impeachment process.
• By laying charges against him, any house of parliament can initiate the impeachment process.
• The impeachment process involves all members of parliament (elected and nominated).
• A quarter of the members of the House must sign the notice containing the charges against the president.
• Then, the notice is sent to the president of India and within 14 days the process of impeachment starts.
• The impeachment resolution must be passed by a special majority (two-thirds) in the originating house.
• It is then forwarded to the other house for consideration. The other house serves as the horse for the investigation. A select committee has been formed to look into the charges levelled against the president.
• During the proceedings, the President of India has the right to be represented by authorised counsel. He has the option of defending himself or appointing a person/lawyer or the Attorney General of India to do so.
• After the select committee's investigation, if the other house also passes the resolution with a two-thirds majority, the President of India is impeached.

Powers And Duties

• The President of India is both the country's head of state and its first citizen. He is a member of the Union Executive, the provisions of which are addressed in Articles 52-78, including those pertaining to the President (Article 52-62). All of the Union's executive functions are carried out in the name of the President. However, it should be noted that, according to Article 74, the President must act on the advice of his Council of Ministers.

Powers And Functions Of The President - Constitutional Provisions

• Article 53 states that the executive power of the union shall be vested in the President, who shall exercise it either directly or through officers subordinate to him, but always in accordance with the Constitution.
• The term "executive power" is not defined in the constitution. Ordinarily, it refers to the procedure of the remaining Governmental function after legislative and judicial functions have been removed.
• In general, "executive function" refers to both policy formulation and policy implementation.
• The executive power can thus be defined as the power to carry on the administration of the affairs of the state, with the exception of functions vested in the legislature and judiciary by the Constitution.

President's Administrative Powers

• The President has the authority to issue rules governing the authentication of orders and other instruments issued and executed in his name.
• The Prime Minister and other Ministers are appointed by the President.
• The Attorney-General of India determines his remuneration.
• Governors of the various states.
• Comptroller and Auditor General of India, Chief Election Commissioner and other Election Commissioners, Chairman and members of the Union Public Service Commission, and Finance Commission of India chairman and members Judges of High Courts and Supreme Court.
• National Commissions for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, as well as a commission to report on the administration of Scheduled Areas, an official language commission, and a special officer for Linguistic Minorities.
• He has the authority to declare any area a scheduled area and to administer scheduled areas and tribal areas.
• He establishes an inter-state council to promote intra- and inter-state cooperation.
• The President will also have the authority to remove:
• His Ministers, one by one.
• India's Attorney General.
• Governors of the various states.
• The Chairman or a Member of the Union's or a State's Public Service Commission, based on the Supreme Court's report.
• On an address to Parliament, a Supreme Court or High Court judge, the Chief Election Commissioner, or the Comptroller-General of India.

President's Legislative Powers

• The President is a member of Parliament and has the following legislative powers.
• The President summons the House of Parliament at least twice a year or prorogues either House of Parliament and dissolves the Lok Sabha. In the event of a stalemate, he may convene both Houses for a joint sitting to debate or vote on a bill.
• He may address either House individually or both Houses concurrently. Every general election, the President delivers an address at the start of the first session.
• When seats in the Lok Sabha and Rajya Sabha become vacant, he appoints the speaker, deputy speaker, and chairman/deputy chairman.
• He nominated 12 members of the Rajya Sabha and two members to the Lok Sabha from the Anglo-Indian Community. However, in January 2020 the Anglo-Indian reserved seat in the Parliament and State Legislature of India was abolished by the 104th Constitutional Amendment Act, 2019.
• Every Bill passed by Parliament must be assented to by the President before it can become an Act. A Bill that is not a Money or Constitutional Amendment Bill may be given or withheld by the President, or it may be returned to Parliament for reconsideration with his own suggestion. Parliament may accept his suggestion or reject it but if it is again sent for the President's assent now the President has to give his assent.
• The President prepares reports and statements to be presented to Parliament.
• The Annual Financial Statement, as well as the Supplementary Statement.
• The Comptroller and Auditor General's report on the accounts of the Government of India.
• The Finance Commission has made a recommendation.
• Report of the Union Public Service Commission, explaining the reasons where any advice of the Commission has not been accepted.
• The report of the National Commissions for Scheduled Castes and Tribes.
• The report of a Linguistic Minorities Special Officer.
• The commission's report on the backward classes.

Certain Bills require the President's approval before being introduced in Parliament.

• A bill that seeks to change the boundaries and names of the states.
• Money Bill.
• Finance Bill.
• A Bill involving taxation or distribution of financial resources to the States.
• A Bill that seeks to restrict freedom of trade.

Veto Powers of the President

• When a Bill is passed by both Houses of Parliament, it is sent to the President for his signature. It will not become an Act of Parliament until it receives the President's assent. Under Article 111, the President has three options before him: He may give his assent to the bill in which case it immediately becomes an act;\sHe may withhold his assent to the bill; or\sHe may, in case of the bills other than money bills, return the bill for reconsideration of the House.
• The power of withholding a bill sent for the assent of the President is called the veto power of the President. The Indian Constitution grants the President of India various types of veto power, including absolute, suspensive, and pocket vetoes.

Ordinance Making Power

• Article 123 addresses the President's authority to issue ordinances. This is one of several legislative powers granted to the President. He issues an ordinance on the recommendation of the union cabinet.
• Emergency Authority
• President's Powers and Functions - Emergency Powers
• The President has the following extraordinary powers to deal with an emergency situation:
• National Emergency (Article 352).
• President Rule (Article 356).
• Financial Emergency (Article 360).

President's Financial Power

• He is in charge of India's contingency fund, which is used to cover unexpected expenses such as floods, droughts, and wars.
• His prior recommendation is required in order for the money and financial bills to be introduced in Parliament.
• His recommendation is required before making a grant request.
• Every five years, the President of India appoints the Finance Commission.
• He also presents to Parliament the report of the Comptroller and Auditor General on the accounts of the Government of India, as well as the Finance Commission's recommendations.

President's Diplomatic Powers

• International treaties and agreements approved by Parliament are negotiated and signed in the President's name.
• He is India's representative in international forums and affairs.
• He is in charge of sending and receiving ambassadors and other diplomatic representatives.

Military Authority of the President

• He is the Armed Forces Supreme Commander.
• He has the power to declare war and peace but his military power is subject to the regulation of law.
• He appoints the Chiefs of the Army, the Navy, and the Air Force.

President's Discretionary Powers

• Although the Constitution after the 42nd Amendment Act required the President to act on the advice of the Council of Ministers, the practice of parliamentary governance created some circumstances in which the President had to act on his own wisdom, sense of justice, and discretion.
• When no single party wins a majority in the Lok Sabha election, or when the incumbent Prime Minister dies unexpectedly, the President has the authority to appoint the Prime Minister.
• Dissolution of Lok Sabha on the advice of the Council of Ministers, which has lost its majority in Lok Sabha or has faced a vote of no-confidence.
• Under Article 74, he may, at his discretion, send the Council of Ministers' advice back to it for reconsideration.
• According to Article 78, he has the right to be informed about the state's affairs by the Prime Minister.
• At his discretion, he uses suspensive and pocket veto.
• With the rise of coalition and minority governments since 1990, the President has found himself in more of these situations.
• President's Judicial or Pardoning Powers
• The President has the authority to appoint Supreme Court and High Court judges. The President has what is known as pardoning power under Judicial powers. The authority to grant pardons to people who have been tried and convicted of any crime.
• When the punishment or sentence is handed down by a court-martial.
• Where the punishment is for a violation of Union law.
• In every case in which a person is sentenced to death.
• The pardoning power shall be exercised with the assistance and advice of the Council of Ministers. There are no specific guidelines for the President to follow when using his pardoning powers.

Key Terms

• Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
• Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to simple imprisonment.
• Remission: It implies reducing the period of a sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
• Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
• Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.

Privileges and Immunities of the President

• The Indian President is the supreme of state and is also entitled to be the first citizen of the country. Draupadi Murmu is India's current and 15th president. The President's primary responsibility is to defend, protect, and preserve Indian law and the constitution. The President is an active member of "The Union Executive," which includes provisions dealing with "Article 52-78" as well as Article 52-62, which pertain to the president. The purpose of this article is to discuss the President's responsibilities, powers and privileges, and immunities.

President's Powers and Privileges

• The President of India is responsible for defending the Indian Constitution and Indian law. "Article 52 to Article 61" of the Indian Constitution addresses the Indian President's responsibilities, powers, and duties. The Indian President is the country's "executive head," according to Articles 52 and 53. The Indian President is vested with Judicial, Legislative, and Executive powers. The President of India cannot be arrested while in office. A civil case against the Governor or President of India requires a two-month notice period.
• The executive powers of the Union of India are vested in the President by "Article 53" of the Indian Constitution. The Indian President has a legal right to be kept up to date on all national matters. The president has the authority to appoint an Attorney General, state governors, and High Commissioners. The Indian President has the authority to remove and appoint high constitutional authorities, the cabinet, and the Prime Minister.
• In the concept of judicial power, the President can appoint a "Chief Justice" of the Union Judiciary based on the chief justice's instruction or advice. The Indian President has the effective power to remission of punishment or grants pardons to any person. The Indian president has the authority to dissolve the Lok Sabha. The Indian President can command both Houses of Parliament. The President plays an important role in both enacting legislation and passing it. In addition to Judicial, Legislative, and Executive powers, the Indian President has emergency powers such as "Financial Emergency", "State Emergency", and "National Emergency".

Immunities of President

• The Indian President and the Indian Governor are both protected or immune under Article 361 of the Indian Constitution. The Indian President is the state's supreme authority and cannot be arrested. The Indian President has several roles in protecting the Indian Constitution and the rule of law, including managing the smooth and efficient operation of governments and approving bills. The activities of the duties and powers of the Indian President are not answerable to any court of law. It can be difficult for the President to manage his responsibilities in the absence of immunities. During his term in office, the President of India is effectively immune from criminal prosecution, and he cannot be arrested or brought before a court of law.

Important Points - India's President

• Some of the important points that are frequently asked in the UPSC exam and other government exams from President and President Election are discussed below:

Facts about India's President

• For the longest time, India's president was Dr Rajendra Prasad. He was the country's President for two terms.
• Zakir Hussain, the third Indian President, had the shortest tenure. He died while working in his office.
• In addition to the full-time Presidents listed in the table above, there were three interim Presidents. The three were Varahagiri Venkata Giri, Mohammad Hidayatullah, and Basappa Danappa Jatti.
• Neelam Sanjiva Reddy was not only the country's youngest President but also the first Chief Minister of Andhra Pradesh.
• Pratibha Patil was the first and only female president of India.

Conclusion

• Thus, as described by Dr BR Ambedkar in the Constituent Assembly, the President of India holds the same position as the King or Queen under the English Constitution. He is the head of the State but not the Executive. He represents the country but does not rule it. He is the nation's symbol.
• His role in national governance is essentially that of a ceremonial device or a seal through which nations' decisions are communicated.