The President

• The President holds the executive power of the Union Government, which can be wielded both directly and through subordinate officers. Additionally, the President serves as the Supreme Commander of the Union's Defense Forces. 

Introduction 

• Chapter-1 of Part-V (Articles 52-78) outlines the components of the Union Executive, encompassing the President, Vice-President, Prime Minister, Council of Ministers, and the Attorney General of India. 
• Article 52 establishes the position of the President of India. 
• Article 53(1) designates the President as the holder of the executive power of the Union. This authority can be exercised directly or through subordinate officers in alignment with the Constitution. 
• The President of India serves as the symbolic head of the State, representing the entire nation as a unified political entity. Holding the status of the first citizen of India, all executive decisions are made in the President's name. 
• The official warrant of precedence accords the President the foremost position. 

Process of Election of President  

• Article 54 outlines the election procedure for the President, while Article 55 specifies the method of election. The President is elected through proportional representation, employing the Single Transferable Vote System. 
• Proportional representation mandates that a candidate secures a predetermined quota of votes to be elected. 
• The number of votes needed to win is one more than 50% of valid votes plus one to secure a win. Employing the Single Transferable Vote System, electors can express multiple preferences on their ballot papers. 
• For a candidate to be nominated for the President's post, 50 members must propose, and another 50 must second within the Electoral College. Additionally, every candidate must make a security deposit of $15,000 in the Reserve Bank of India, which is subject to forfeiture if the candidate fails to secure 1/6th of the votes polled. 
• The number of votes for each elected member of the Legislative Assembly and Parliament is determined based on the state's population and the total number of elected members. For Legislative Assembly members, the value of votes is calculated by dividing the state's population by the total number of elected members and multiplying by one thousand. 
• The value of votes for an MP is derived by dividing the total votes assigned to members of Legislative Assemblies by the total elected members of both Houses of Parliament. Notably, the total value of votes for MPs in the Lok Sabha is greater than that of MPs in the Rajya Sabha. 
• To determine the quota of votes needed for victory, it is calculated as the total number of valid votes polled divided by two, with an additional one. 
• This system ensures fairness in the electoral process, promoting proportional representation and preventing concentration of power in a single vote. 

Tenure in Office 

• As per Article 56(1), the President's term spans 5 years from assuming office. Even after completing the term, the President continues in office until a successor assumes charge. 
• The President can be removed through impeachment or by submitting a resignation letter to the Vice-President of India, promptly communicated to the Speaker of the Lok Sabha. 
• The President is eligible for re-election, with the possibility of serving multiple terms in India. 
• In contrast, the American Constitution restricts a person from being elected as President for more than two terms. 
• The Electoral College of the President comprises: 
  • Elected members of Lok Sabha and Rajya Sabha, 
  • Elected members of the Legislative Assemblies, 
  • Elected members of Delhi and Puducherry (included by the 70th Amendment Act, 1992), 
  • Elected members of the Legislative Assembly of the Union Territory of Jammu and Kashmir (since October 31, 2019). 

Eligibility for Re-election 

• Article 57 stipulates the eligibility for re-election, allowing a person who held or holds office as President to be re-elected, subject to other constitutional provisions. 

Disputes Related to Presidential Election 

• Article 71 addresses matters related to the election of the President, stating that doubts and disputes arising in connection with the election of a President or Vice-President will be examined and decided by the Supreme Court, with its decision being final. 
• The validity of a person's election as President cannot be contested based on an incomplete Electoral College. 

Key Articles Related to the President and Emoluments 

• Article 52: Executive power of the Union. 
• Article 53: Election of the President. 
• Article 54 and Article 55: Manner of election of the President. 
• Article 56: Term of office of the President. 
• Article 57: Eligibility for re-election. 
• Article 58: Qualification for the election of the President. 
• Article 59: Conditions of the President's office. 
• Article 60: Oath or affirmation by President. 
• Article 61 and Article 62: Procedure for impeachment. 
• Time of holding election and term of office of the person elected. 

Eligibility Criteria and Oath 

• Article 58 outlines the qualifications for eligibility to the office of the President: a citizen of India, at least 35 years of age, and qualified to become a Lok Sabha member. 
• Ineligibility if holding any office of profit under the Government of India, any state, or local authority. 
• Article 60 states that the oath or affirmation of office is administered by the Chief Justice of India or the seniormost Judge of the Supreme Court in his absence. 
• The President, in the oath, pledges to faithfully execute the office, preserve, protect, and defend the Constitution and the law, and devote himself to the service and well-being of the people of India. 

Conditions and Privileges of President's Office 

• Article 59(1): The President shall not be a member of either House of Parliament or a State Legislature during the term. 
• Entitled to emoluments, allowances, and privileges as determined by Parliament, which cannot be diminished during the term. 
• Enjoys personal immunity from legal liability for official acts during the term, with civil proceedings possible after a 2-month notice. 

Vacancy in Office 

• In the event of a vacancy, the Vice-President acts as the President until a new election, to be conducted within six months. The Vice-President resumes office when the elected President assumes office. 
• When the President is unable to perform their duties due to absence or any other cause, the Vice-President assumes the President's functions temporarily until the President resumes duty.  
• In the event that both the President and Vice President are unavailable, the Chief Justice of the Supreme Court takes over the duties of the President, and in the Chief Justice's absence, the next senior most Judge of the Supreme Court performs the presidential functions. 
• Justice M Hidayat-ul-lah, Chief Justice of India, discharged the duties of the President from July 20 to August 24, 1969, making him the only Chief Justice of India to perform such functions. 

Impeachment of the President 

• Articles 56(1)(b) and 61 outline the process of impeaching the President. 
• The President can be removed from office through impeachment for violating the Constitution, although the Constitution does not explicitly define the term "violation of the Constitution."  
• According to Article 61, impeachment proceedings can be initiated by either House of Parliament. 
• The charge cannot be initiated without at least 14 days' notice in writing and must be supported by the signatures of at least one-fourth of the total members of the House.  
• The resolution, once moved, needs to be passed by a majority of not less than two-thirds of the total membership of the House 
• If a charge is preferred, the other House investigates it, and the President has the right to appear and be represented. If a resolution sustaining the charge is passed by a two-thirds majority, it leads to the President's removal from office. 
• The impeachment process is quasi-judicial and involves nominated members of either House of Parliament, although they do not participate in the election of the President. Elected members of the Legislative Assemblies of States and Union Territories, excluding Delhi, Puducherry, and Jammu and Kashmir, do not participate in the impeachment process but are involved in the election of the President. 

Powers and Functions 

• The President's role is ceremonial, with executive powers and functions outlined in various articles: 

Executive powers 

• Article 53: All executive actions of the Government of India are formally taken in the President's name. 
• Article 74(1): The President appoints the Prime Minister and other ministers, who hold office during the President's pleasure. 
• Article 77(3): The President can make rules for the convenient transaction of business of the Union Government. 
• Article 78(b): The President can seek information regarding the administration of Union affairs and proposals for legislation from the Prime Minister. 
• The President holds the authority to appoint the Attorney General of India and determine their remuneration. The Attorney General serves at the pleasure of the President.  
• Additionally, the President appoints key officials such as the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Governors of States, and the Chairman and Members of the Finance Commission. 
• The President has the power to require the Prime Minister to submit any matter, decided by a minister but not considered by the Council, for consideration by the Council of Ministers.  
• The President can also appoint a Commission to investigate the conditions of SCs, STs, and other Backward Classes and establish an Inter-State Council to promote Centre-State and Inter-State cooperation 
• Direct administration of Union Territories is within the President's purview, with administrators appointed by the President overseeing governance.  
• The President can declare any area as a scheduled area and possesses administrative powers over scheduled areas and tribal areas. 

Legislative powers 

• In terms of legislative powers, Article 85 empowers the President to summon and prorogue both Houses of Parliament and dissolve the Lok Sabha.  
• These powers are exercised based on the advice of the Council of Ministers headed by the Prime Minister.  
• The President inaugurates Parliament by addressing it after general elections and at the beginning of each annual session, outlining the new policies of the government during the presidential address. 
• For bills passed by Parliament to become laws, the President's assent is necessary. The President can return a bill (if not a Money Bill) for reconsideration, and upon reconsideration, the President is obliged to give assent. The President nominates 12 members of the Rajya Sabha with special knowledge or practical experience in literature, science, art, and social service. 
• The President, in consultation with the Election Commission, decides on disqualifications of Members of Parliament. 
• Reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others are laid before Parliament by the President. 
• In the event of a Hung Parliament, the President invites parties to form the government and can call for a new election if the majority is not achieved. 

Nomination Anglo-Indians 

• Under Article 331, the President previously had the authority to nominate two members to the Lok Sabha from the Anglo-Indian Community if it was not adequately represented.  
• However, this provision was discontinued by the 126th Constitutional Amendment Bill of 2019. 

Ordinance-making power of president 

• The President's ordinance-making power, granted by Article 123, allows the promulgation of ordinances during the parliamentary recess. 
•  These ordinances have the same force as Acts of Parliament but are temporary and remain valid for up to 6 weeks unless approved by Parliament earlier.  
• This power is envisaged in the Constitution to address unforeseen or urgent situations. 
• Presidential ordinance-making is not a discretionary power;  
• the President can promulgate or withdraw an ordinance only on the advice of the Council of Ministers headed by the Prime Minister.  
• This power is not a parallel legislative authority and does not extend to amending the Constitution. 

There are different types of vetoes 

Absolute Veto: The President can decline to give assent to a bill passed by Parliament, excluding Money Bills. 

Suspensive Veto: The President may return a bill to Parliament for further consideration, possibly with recommendations for amendments. 

Pocket Veto: The President can withhold assent to a bill without communicating it to the Council of Ministers, letting it lie in the President's office indefinitely. 

Qualified Veto: This can be overridden by the legislature with a higher majority; however, this power is not applicable to the Indian President. 

Ordinance power and judicial review 

• The Supreme Court of India, in the RC Cooper v/s Union of India (1970) case, established that the President's decision could be challenged if immediate action was unnecessary, and the ordinance was primarily intended to avoid legislative debate.  
• The 38th Constitutional Amendment Act, 1975, made the promulgation of ordinances by the President, Governors, and Administrators of Union Territories non-justiciable and beyond judicial review.  
• The 44th Constitutional Amendment reiterated that the President's satisfaction to promulgate an ordinance could be challenged if immediate action was unnecessary. 

 Veto powers 

• Regarding veto powers with respect to bills passed by state legislatures, under Article 111, a bill passed by the state legislature can become law only with the President's assent. 
•  The Governor has the authority to reserve certain types of bills for the President's consideration.  
• The President can either give assent, withhold assent, or return the bill for reconsideration.  
• The President enjoys absolute and suspensive vetoes over state bills, and a pocket veto can be exercised in state legislation as well. 

Bills that Require Prior Recommendation of the President 

• Certain bills can only be introduced in Parliament upon the President's recommendation, including: 

• A bill under Article 3 to alter state boundaries or change state names. 
• Money Bills as detailed in Article 110. 
• Financial Bill (I) involving Article 110 but containing additional provisions. 
• Financial Bill (II), an Ordinary Bill drawing money from the Consolidated Fund of India, considered during the second reading in the bill's passage. 

Financial Powers 

• No grant demand can be made without the President's recommendation. 
• Money Bills require prior presidential recommendation for introduction. 
• The President can make advances from the Contingency Fund of India for unforeseen expenditures. 
• A Finance Commission is constituted every five years to recommend tax distribution between the Centre and States. 
• The President presents the annual financial statement (budget) to Parliament. 

Diplomatic Powers 

• International treaties and agreements are negotiated and concluded on behalf of the President. 
• The President represents India in international forums. 
• The President sends and receives diplomats, such as Ambassadors and High Commissioners. 

Military Powers 

• The President is the Supreme Commander of the Defence Forces. 
• Appoints the Chiefs of the Army, Navy, and Air Force. 
• Can declare war or conclude peace with parliamentary approval. 

Emergency Powers 

• National Emergency can be proclaimed under Article 352 based on Cabinet recommendations. 
• President's rule can be declared in a state under Article 356 for constitutional machinery failure or non-compliance with Union directions (Article 365). 
• Financial Emergency (Article 360) can be proclaimed if financial stability or credit is threatened. 
• During Financial Emergencies, the President can direct states to observe financial propriety. 

Judicial Powers 

• Appoints the Chief Justice and Judges of the Supreme Court and High Courts. 
• Can seek advice from the Supreme Court under Article 143 on questions of law or fact, though non-binding. 
• Has the authority to grant pardon, reprieve, respite, or remission of punishment, or suspend, remit, or commute the sentence of any convicted person. 

Pardoning power of president 

•  The President can issue the following orders of mercy to the convicted citizens of India under Article 72 
• Pardon means absolving the convict of all guilt and punishment. 
• Commutation: Substituting a severe punishment with a milder one, such as reducing a death sentence to life imprisonment. 
• Remission: Quantitatively reducing the severity of punishment without altering its nature, like reducing a rigorous two-year sentence to one year. 
• Respite: Reducing punishment based on specific circumstances, such as a person's disability or a woman's pregnancy. 
• Reprieve: Temporarily halting a death sentence or life imprisonment while awaiting an appeal for pardon or commutation. 

Comparison between Pardoning Powers of the President and the Governor 

• The President's pardoning power under Article 72 is broader than the Governor's under Article 161, differing in two key aspects: 
  • The President can pardon in cases where the sentence is by a Court Martial, while Article 161 does not grant the Governor such power. 
  • The President can pardon all death sentence cases, but the Governor's pardoning power doesn't extend to death sentences. However, the Governor can suspend, remit, or commute a death sentence. 

Discretionary Powers 

• The President typically acts on the advice of the Council of Ministers, except in specific circumstances: 
  • Appointing the Prime Minister when no single party attains a majority after Lok Sabha elections 
  • Dissolving the Lok Sabha and calling for fresh elections when a Council of Ministers is voted out or resigns. 
  • Referring to an individual minister's decision to the Council of Ministers. 
  • Summoning both Houses of Parliament when they do not meet regularly. 
  • Exercising a Pocket Veto by returning the advice or bill for reconsideration. 

Constitutional Position of the President 

• According to Article 74, the President must exercise powers with the aid and advice of the Council of Ministers, headed by the Prime Minister. 
• Article 78, amended by the 42nd Constitutional Amendment Act of 1976, makes the President bound by the advice of the Council of Ministers. 
• The 44th Constitutional Amendment Act of 1978 authorizes the President to request reconsideration of advice but mandates adherence to the advice after reconsideration. 

Comparison Between Indian And American President