PRESIDENT OF INDIA

Introduction
- India follows a Parliamentary form of government; the President is the constitutional head of the State and the nominal executive.
- The President symbolizes the unity, integrity and continuity of the Republic and occupies the highest constitutional position.
- Constitutional provisions about the President are primarily found in Part V (Articles 52–78), and related articles (52–62).

Constitutional Position
- Article 52: Post of President is an essential part of the constitutional scheme.
- Article 53: All executive powers of the Union are vested in the President and are to be exercised by him directly or through subordinate officers, in accordance with the Constitution.
- Article 74: There shall be a Council of Ministers, with the Prime Minister at its head, to aid and advise the President. The President shall act in accordance with that advice, except in a few limited situations (situational discretion).
- Article 75: The Council of Ministers is collectively responsible to the Lok Sabha — core to the Parliamentary system.

Election and Electoral College (Article 54)
- The President is elected indirectly by an Electoral College through proportional representation by means of a single transferable vote and secret ballot.
- Electoral College composition:
  • Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha)
  • Elected members of the State Legislative Assemblies (MLAs)
  • Elected members of the Legislative Assemblies of NCT of Delhi and UT of Puducherry (where applicable)
- Nominated members of Parliament or State Assemblies and members of Legislative Councils do NOT vote.
- Vote value:
  • Value of MLA’s vote depends on the population of the state and number of elected MLAs (formula in Constitution).
  • Total value of votes of all MPs is adjusted to maintain parity between Centre and States.

Term, Qualifications and Conditions (Articles 56–59)
- Term: 5 years from the date he enters upon his office (Article 56). Continues until successor assumes office.
- Qualifications (Article 58):
  • Citizen of India
  • At least 35 years of age
  • Eligible for election to Lok Sabha
  • Registered as an elector in any parliamentary constituency
  • Must not hold an office of profit under government (exceptions: sitting President/Vice-President/Governor/minister not treated as holding office of profit)
- Conditions (Article 59):
  • Not a member of either House of Parliament or a State Legislature while in office.
  • Emoluments and allowances determined by Parliament and cannot be diminished during term.
  • Entitled to official residence (Rashtrapati Bhavan) and other privileges.

Oath / Affirmation (Article 60)
- On assuming office, President swears to:
  • Faithfully execute the office
  • Preserve, protect and defend the Constitution and the law
  • Devote himself to the service and well-being of the people of India

Impeachment and Removal (Article 61)
- President can be removed only by impeachment for “violation of the Constitution”.
- Procedure:
  • Motion in either House of Parliament supported by specified proportion of members.
  • Investigation and trial in the other House after notice.
  • Right of representation for the President during proceedings.
- No President has been successfully impeached to date.

Immunities and Legal Protection (Article 361)
- President is not answerable to any court for acts done in official capacity while in office.
- No criminal proceedings can be instituted or continued against President in office.
- Civil proceedings require two months’ notice; arrest or imprisonment cannot be ordered while in office.

Vacancy or Temporary Absence (Article 62)
- Vacancy situations: end of term, resignation, death, removal by impeachment, or invalidation of election by courts.
- In such contingencies, Vice-President acts as President. Parliament can provide for discharge of functions during absence.

Situational Discretions of President (Constitutional Practice)
- While generally bound by ministerial advice, the President has limited situational discretion:
  • Appointing PM when no clear majority exists in Lok Sabha (post-election hung house).
  • Dismissal of Council of Ministers if it cannot prove majority.
  • Dissolution of Lok Sabha when government loses majority and no alternative is possible.
  • Returning a bill once for reconsideration (suspensive veto) — reformulated by 44th Amendment.
  • Using pocket veto (no time limit to decide on a bill) in appropriate situations.

Powers and Functions — Broad Categories

1. Executive Powers
- All executive powers of the Union vest in the President; generally exercised on aid and advice of Council of Ministers.
- Appointments:
  • Prime Minister and Council of Ministers
  • Governors of States
  • Attorney General of India, Comptroller & Auditor General, Chief Election Commissioner and Election Commissioners, UPSC Chairman & members, Finance Commission members
  • Chiefs of Army, Navy, and Air Force (on aid & advice)
  • Ambassadors and High Commissioners
- President administers Union Territories via appointed Administrators/Lieutenant Governors.
- Can constitute inter-state councils (Article 263).

2. Legislative Powers
- Summons and prorogues Parliament; can dissolve Lok Sabha.
- Addresses Parliament at commencement of first session after general election and first session each year.
- Can summon joint sessions under Article 108.
- Gives prior recommendation for Money Bills and financial matters.
- Nominates members to Parliament:
  • Rajya Sabha: 12 eminent persons (literature, science, art, social service)
  • Lok Sabha: 2 Anglo-Indian community (now omitted by 104th Amendment — note historical practice)
- Assent to bills:
  • Can give assent, withhold assent (absolute veto), or return for reconsideration (suspensive veto for non-money bills).
  • Pocket veto: withholding decision indefinitely in exceptional circumstances.
- Ordinance-making power (Article 123):
  • Can promulgate ordinances when Parliament is not in session, on advice of Council of Ministers.
  • Ordinances have same force as laws but must be approved by Parliament later (typically within 6 weeks of reassembly).

3. Financial Powers
- Money bills require President’s recommendation to be introduced.
- Lays annual financial statement (Union Budget) before Parliament.
- Can authorize advances from Contingency Fund and recommend demands for grants.
- Constitutes Finance Commission every five years under Article 280.

4. Judicial Powers
- Appointment of Chief Justice and Judges of SC and HCs (in consultation with CJI/collegium conventions).
- Power to grant pardons, reprieves, respites, remissions and commute sentences (Article 72), including death penalty cases.
- Can refer questions of law to the Supreme Court for advisory opinion (Article 143).

5. Diplomatic and Military Powers
- Heads state diplomatically; receives credentials and represents India internationally.
- Treaties and agreements are signed on behalf of the President (executive action subject to parliamentary oversight).
- Supreme Commander of the Armed Forces; appoints Chiefs of Services.
- Can declare war and conclude peace subject to parliamentary approval.

6. Emergency Powers
- President proclaims National Emergency (Article 352), State Emergency/President’s Rule (Article 356) and Financial Emergency (Article 360) — based on written advice of the Union Cabinet.
- Emergencies must be approved by Parliament within specified timeframes and have significant effects on Centre-State relations and fundamental rights.

Veto Powers — Types
- Absolute Veto: Withhold assent (rarely used).
- Suspensive Veto: Return for reconsideration (44th Amendment allows one return).
- Pocket Veto: Indefinite withholding of assent without formal refusal — used in exceptional cases.
- Note: President must assent to Constitutional Amendment Bills.

Ordinance Power (Article 123)
- Used to meet urgent situations when Parliament is not in session.
- Cannot amend the Constitution.
- Ordinance validity: initially 6 weeks after Parliament reassembles; can be extended by re-promulgation (controversial practice curtailed by judicial scrutiny).

Pardoning Power (Article 72)
- President may grant:
  • Pardon — removes sentence and conviction
  • Commutation — substitutes one punishment for another (e.g., death → imprisonment)
  • Remission — reduces period of sentence
  • Reprieve — temporary stay
  • Respite — lesser sentence for special reasons
- SC principles: Power exercised on advice of Union Cabinet; action not generally open to judicial review except in cases of arbitrariness, mala fides or irrationality.

Constitutional Conventions, Limits and Safeguards
- President is largely ceremonial but exercise of certain discretionary powers can be crucial in political crises.
- Security of tenure: President’s emoluments cannot be diminished during term.
- Removal is possible only by impeachment for constitutional violation — high threshold ensures stability.
- President acts on aid and advice to keep executive accountable to Parliament; limited discretionary powers exist to preserve constitutional balance.

Conclusion — Practical Role and Significance
- The President is the formal head of state in India’s Parliamentary democracy: guardian of the Constitution and symbol of national unity.
- While most powers are exercised on the aid and advice of the Council of Ministers, the President’s situational discretion and constitutional responsibilities play a key role during political uncertainties, emergencies, and in safeguarding constitutional propriety.
- Understanding the President’s office requires balancing the ceremonial aspects with the potential substantive influence in exceptional circumstances.

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Subject: Polity

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