THE PRESIDENT OF INDIA

 

The President of India (Articles 52-62)

INTRODUCTION: 

Part V of the Constitution (The Union) under Chapter I (The Executive) lists out the qualification, election and impeachment of the President of India.

The President of India is the head of state of the Republic of India. 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 Constitution of India states that the President can exercise his or her powers directly or by subordinate authority, with few exceptions, all of the executive authority vested in the President are, in practice, exercised by the Council of Ministers (CoM).

Part V The Union

Chapter I The Executive

ARTICLE 52 : THE PRESIDENT OF INDIA

There shall be a President of India.

ARTICLE 53 :

EXECUTIVE POWER OF THE UNION For every executive action that the Indian government takes, is to be taken in his name.

He may/may not make rules to simplify the transaction of business of the central government.

He appoints the attorney general of India and determines his remuneration

He appoints the following people:

•  COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG)

•   Chief Election Commissioner and other Election Commissioners

•  Chairman and members of the Union Public ServicE  Commission
•   State Governors
•   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:

           Scheduled Castes ,Scheduled Tribes ,Other Backward                     Classes 

            He appoints inter-state council

            He appoints administrators of union territories

          He can declare any area as a scheduled area and has                    powers with respect to the administration of scheduled           areas and tribal areas.

ARTICLE 54 : ELECTION OF PRESIDENT

The Indian President is elected through an electoral college system, wherein the votes are cast by national and State-level lawmakers.

The elections are conducted and overseen by the Election Commission (EC) of India.

The electoral college is made up of all the elected members of the Upper and Lower Houses of Parliament (Rajya Sabha and Lok Sabha MPs), and the elected Members of the Legislative Assemblies of States and Union Territories (MLAs).

ARTICLE 55 : MANNER OF ELECTION OF PRESIDENT

The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

ARTICLE 56 : TERM OF OFFICE OF PRESIDENT 

(1) The President shall hold office for a term of five years from the date on which he enters upon his office:

        Provided that – 

          (a) the President may, by writing under his hand addressed to                      the Vice- President, resign his office;

          (b) the President may, for violation of the Constitution, be                           removed from office by impeachment in the manner provided                 in article 61.

           (c) the President shall, notwithstanding the expiration of his                         term, continue to hold office until his successor enters upon                   his office.

ARTICLE 57 : ELIGIBILITY FOR RE-ELECTION

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.

ARTICLE 58 : QUALIFICATIONS FOR ELECTION AS PRESIDENT

(1) No person shall be eligible for election as President unless he –

          (a) is a citizen of India;

           (b) has completed the age of thirty-five years, and

            (c) is qualified for election as a member of the House of the                         People.

(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

ARTICLE 59 : CONDITIONS OF PRESIDENT’S OFFICE

(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.

(2) The President shall not hold any other office of profit.

(3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

(4) The emoluments and allowances of the President shall not be diminished during his term of office.

ARTICLE 60 : OATH OR AFFIRMATION BY THE PRESIDENT

The President has takes an oath of office in the presence of the Chief Justice of India.

Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available,

ARTICLE 61 : PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless –

          (a) the proposal to prefer such charge is contained in a resolution                  which has been moved after at least fourteen days’ notice in                   writing signed by not less than one-fourth of the total                              number of members of the House has been given of their                         intention to move the resolution, and

           (b) such resolution has been passed by a majority of not less                       than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

ARTICLE 62 : TIME OF HOLDING ELECTION TO FILL VACANCY IN THE OFFICE OF PRESIDENT AND THE TERM OF OFFICE OR PERSON ELECTED TO FILL CASUAL VACANCY

          An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the             term.

         An election to fill a vacancy in the office of President occurring by reason of   his death, resignation or removal, or otherwise shall be held as soon as  possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall,subject to the provisions of article 56, be entitled to hold office for the full  term of five years from the date on which he enters upon his office.

Functions and Powers of the President:

These are divided into three parts-

1. Executive powers
2. Legislative powers
3. Financial powers

Executive Powers of the President of India

• All decisions of the Union Government are communicated to him/her by the Prime Minister.

• All the functions are performed by the President on the advice of the Prime Minister.

• All officials appointed by him/her (such as Governors and Ambassadors) may be removed or recalled by him/her, on the advice of the Union Council of Ministers.

• All laws enacted by the Union Parliament are enforced by him/her.

• All diplomatic work is conducted in his/her name (by the foreign office and Indian envoys abroad), and all international treaties are negotiated and concluded in his/her name.

• The President appoints India’s ambassadors and high commissioners in other countries, and the President receives foreign ambassadors and high commissioners.

• The President can declare war and make peace.

• In his/her capacity as head of state, the President conducts the country’s foreign affairs.

• The President is the Supreme Commander of the armed forces. He/she makes appointments of Chiefs of Army, Navy, and Air Force.

• The President appoints the Attorney General, the Comptroller and Auditor General of India, the Chief Election Commissioner and other
  Election Commissioners, the Chairman and Members of Union Public Service Commission (U.P.S.C.).

• He/she also appoints the Governors of States and Lt. Governors of Union Territories. All such appointments are made on the advice of the Union Cabinet.

• The President appoints the Chief Justice and other judges of the Supreme Court and High Courts, the Chief Justice of India is consulted in these appointments.

• He allocates portfolios among the ministers on the advice of the Prime Minister. He may remove any Minister on the advice of the
  Prime Minister.

• The President appoints the Prime Minister and he appoints other ministers on the advice of the Prime Minister.

 

Legislative Powers of the President of India

• The President summons and prorogues the Houses of Parliament. He summons the Parliament at least twice a year, and the gap between two sessions cannot be more than six months.

• The President has the power to dissolve the Lok Sabha even before the expiry of its term on the recommendation of the Prime Minister.

• The President nominates twelve members to Rajya Sabha from amongst persons having special knowledge in the field of literature, science, art and social service.

• The President may also nominate two members of the Anglo-Indian community to the Lok Sabha in case that community is not adequately represented in the House.

• The President can call a joint sitting of the two Houses of Parliament in case of a disagreement between Lok Sabha and Rajya Sabha on a non-money bill.

• The President has the right to address and send messages to Parliament. The President addresses both Houses of Parliament jointly at the first session after every general election as well as the commencement of the first session every year.These addresses contain policies of the government of the day.

• Every bill passed by Parliament is sent to the President for his/her assent. The President may give his/her assent, or return it once for the reconsideration of the Parliament. If passed again the President has to give her assent.

• Without his/her assent no bill can become a law.

• The President may promulgate an ordinance when the Parliament is not in session.The ordinance so issued has the effect of a law.

• Such ordinance should be laid before both Houses of Parliament when they reassemble. If no action is taken, it automatically lapses six weeks after the commencement of the next session of Parliament.

 

Financial Powers of the President

•  All money bills are introduced in the Lok Sabha only with the prior approval of the  President.

•  The President has the control over Contingency Fund of India. It enables the          government to advance money for the purpose of meeting unforeseen               expenses.

• Contingency Fund of India: It is a fund kept by the Union Government to meet any unforeseen expenditure for which money is immediately needed. The President has full control over this Fund. The President permits withdrawals from this Fund.

• Annual budget and railway budget are introduced in the Lok Sabha on the recommendation of the President.

• Money bills are never returned for reconsideration.

• The President appoints the Finance Commission after every five years. It makes recommendations to the President on some specific financial matters, especially the distribution of Central taxes between the Union and the States.

• The President also receives the reports of the Comptroller and Auditor-General of India and has it laid in the Parliament.

Miscellaneous powers:

• The President, as head of state, can pardon a criminal or reduce the punishment or suspend, commute or remit the sentence of a criminal convicted by the Supreme Court or High Courts for an offence against the federal laws.
• The President can also pardon a person convicted by a Court Martial. His/her power of pardon includes granting of pardon even to a person awarded death sentence. But, the President performs this function on the advice of Law Ministry.

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