PRESIDENT OF INDIA — ELECTION, POWERS, FUNCTIONS AND CONSTITUTIONAL POSITION

PRERNA FOR IAS

         Mehnat Aapki, Guidance Humari

         Roz ki Prelims Practice — Experts ke Saath

PRESIDENT OF INDIA — ELECTION, POWERS, FUNCTIONS AND CONSTITUTIONAL POSITION

1. Constitutional Position

• Article 52 of the Constitution provides that there shall be a President of India.
• Under Article 53, the executive power of the Union is vested in the President and is exercised in accordance with the Constitution. (Legislative Assembly of India)
• The President is the constitutional head of the State, while the Prime Minister is the head of the Government.
• NCERT explains that the President ordinarily exercises nominal powers within India’s parliamentary system. (NCERT)

2. Election of the President

• The President is indirectly elected, not directly elected by citizens.
• The Electoral College consists of the elected members of both Houses of Parliament and elected members of State Legislative Assemblies, including the Assemblies of Delhi and Puducherry. (Election Commission of India)
• Nominated MPs and nominated members of State Legislatures do not participate.
• The election follows proportional representation by means of the single transferable vote, through a secret ballot. (Election Commission of India)

3. Qualifications

• Under Article 58, a presidential candidate must be a citizen of India, at least 35 years old, and qualified for election as a member of the Lok Sabha.
• The person must not hold an office of profit under the Union, State or specified public authorities. (Election Commission of India)

4. Term and Re-election

• The President holds office for five years from the date of entering office.
• A President continues until the successor assumes office and is eligible for re-election.
• A vacancy caused by death, resignation or removal must ordinarily be filled within six months. (Legislative Assembly of India)

5. Oath and Resignation

• The President takes an oath to preserve, protect and defend the Constitution and the law.
• The oath is administered by the Chief Justice of India, or in the Chief Justice’s absence, by the senior-most available Supreme Court judge.
• The President may resign by addressing the resignation to the Vice-President.

6. Executive Powers

• The President appoints the Prime Minister and, on the Prime Minister’s advice, other Union Ministers.
• The President also formally appoints Governors, judges of the Supreme Court and High Courts and several other constitutional authorities.
• All executive actions of the Government of India are formally expressed in the President’s name.
• The President is also the Supreme Commander of the Defence Forces. (Legislative Assembly of India)

7. Legislative Powers

• The President summons and prorogues Parliament and may dissolve the Lok Sabha on constitutional advice.
• No Bill becomes law without presidential assent.
• The President may return an ordinary Bill once for reconsideration but cannot return a Money Bill in the same manner.
• Under Article 123, the President can promulgate Ordinances when Parliament is not in session.

8. Financial, Judicial and Emergency Powers

• A Money Bill can be introduced in the Lok Sabha only with the President’s recommendation.
• The President causes the Union Budget to be laid before Parliament.
• Under Article 72, the President possesses powers of pardon, reprieve, respite, remission, suspension and commutation in specified cases.
• The Constitution also provides presidential powers relating to National Emergency, President’s Rule and Financial Emergency.

9. Impeachment

• The President can be removed for “violation of the Constitution” through impeachment under Article 61.
• The charge may originate in either House of Parliament.
• It requires prescribed notice and a resolution supported by at least two-thirds of the total membership of the House concerned. (Election Commission of India)

10. Real Constitutional Role

• The President ordinarily acts on the aid and advice of the Council of Ministers headed by the Prime Minister, reflecting India’s parliamentary form of government.
• Therefore, describing the President simply as the holder of unrestricted executive power would be incorrect.
• The office nevertheless plays a vital role in ensuring constitutional continuity, stability and lawful functioning of government.
• For examination purposes, remember: Articles 52–62 broadly deal with the President; Article 53—executive power; Article 54—election; Article 56—term; Article 58—qualifications; Article 61—impeachment. (Election Commission of India)