Constitutional Status and Nature of the Office
- Head of the State: The President is the Head of the Indian State, the First Citizen of India, and acts as the symbol of unity, integrity, and solidarity of the nation.
- Constitutional Domain: Articles 52 to 78 in Part V of the Indian Constitution deal with the Union Executive, of which the President is a constituent part along with the Vice-President, Prime Minister, and Council of Ministers.
- Establishment of Office: Article 52 provides that there shall be a President of India.
- Executive Power: Article 53 lays down that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or indirectly.
- Supreme Head: The President is the supreme head of all constitutional wings of the State—Legislature, Executive, Judiciary, and Armed Forces—supervising their functions and ensuring adherence to constitutional provisions.
- Nominal Executive: Unlike the President of the USA, who wields real (de-facto) executive powers, the President of India is not vested with direct executive responsibilities; direct executive responsibilities are assigned to the Council of Ministers led by the Prime Minister. The President serves as the nominal (de jure or titular) executive.
Qualifications for Election (Article 58)
Under Article 58, no person shall be eligible for election as President unless he:
- Is a citizen of India.
- Has completed the age of 35 years.
- Is qualified for election as a member of the Lok Sabha.
- Does not hold any office of profit under the Government of India, the government of any state, or under any local or other authority subject to the control of any of the said governments.
Nomination Requirements
- Electors Support: The nomination of a candidate for election must be subscribed by at least 50 electors as proposers and seconded by another 50 electors from the Electoral College.
- Security Deposit: Every candidate has to make a security deposit of Rs. 15,000 in the Reserve Bank of India.
- Forfeiture: This security deposit is forfeited if the candidate fails to secure 1/6th of the votes polled.
Electoral College Composition
The President is elected indirectly by an Electoral College consisting of:
- The elected members of both Houses of Parliament.
- The elected members of the Legislative Assemblies of the States.
- The elected members of the Legislative Assemblies of the Union Territories of Delhi and Pondicherry.
System of Election and Voting Method
- Manner of Election: The election is held in accordance with the system of proportional representation by means of a single transferable vote, and voting is conducted by secret ballot.
- Majority Requirement: This system ensures that the successful candidate is returned by an absolute majority of votes.
- Electoral Quota Formula:
$$\text{Electoral Quota} = \left(\frac{\text{Total number of valid votes polled in the election}}{\text{Number of electors to be elected} + 1}\right) + 1$$ - Ballot Paper: Each member of the Electoral College is given only one ballot paper.
- Preference Marking: The voter is required to indicate preferences by marking 1, 2, 3, 4, etc., against the names of the candidates, indicating as many preferences as there are candidates in the fray.
- Counting Process:
- In the first phase, the first-preference votes are counted.
- If a candidate secures the required quota in this phase, he is declared elected.
- Otherwise, the transfer of votes is carried out: the ballots of the candidate securing the least number of first-preference votes are cancelled, and his second-preference votes are transferred to the first-preference votes of other candidates.
- This process continues until a candidate secures the required quota.
Oath or Affirmation
- Pledge: Before entering upon his office, the President takes and subscribes an oath or affirmation swearing:
- To faithfully execute the office.
- To preserve, protect, and defend the Constitution and the law.
- To devote himself to the service and well-being of the people of India.
- Administering Authority: The oath of office is administered by the Chief Justice of India, and in his absence, by the senior-most judge of the Supreme Court.
Entitlements, Emoluments, and Immunities
- Official Residence: Entitled to the rent-free use of the official residence (Rashtrapati Bhavan, New Delhi).
- Emoluments and Allowances: Entitled to such emoluments, allowances, and privileges as determined by Parliament.
- Legal and Criminal Immunity:
- Enjoys personal immunity from legal liability for official acts.
- Completely immune from any criminal proceedings during his term of office.
Term of Office, Resignation, and Re-election (Article 56)
- Tenure: Holds office for a term of 5 years from the date on which he enters upon his office.
- Resignation: Can resign at any time by addressing the resignation letter to the Vice-President of India.
- Holding Beyond Term: Can hold office beyond the five-year term until his successor assumes charge.
- Re-election: Eligible for re-election to the office.
Impeachment Procedure (Article 61)
- Ground: Can be removed from office before completion of the term through the process of impeachment for “violation of the Constitution”.
- Initiation: The impeachment charge can be initiated in either House of Parliament.
- Notice and Signatures: Requires a resolution signed by at least 1/4th of the total number of members of the originating House, moved after giving at least 14 days’ advance notice.
- First House Approval: The resolution must be passed by a majority of not less than two-thirds of the total number of members of the House.
- Investigation and Second House Approval: The charge is investigated by the other House; if a resolution is passed by the investigating House by a majority of two-thirds of its total membership, the President stands removed from office from the date of passing of the resolution.
Vacancy and Succession
- Causes of Vacancy: Vacancy arises due to:
- Expiry of the five-year tenure.
- Resignation.
- Removal by impeachment.
- Death.
- Becoming disqualified to hold office or election declared void.
- Election Timeline: If vacancy occurs due to resignation, removal, or death, the election to fill the vacancy must be held within six months.
- Acting President:
- The Vice-President acts as President until a new President is elected.
- During temporary absence or illness, the Vice-President discharges presidential functions until the President resumes office.
- If the office of the Vice-President is vacant, the Chief Justice of India acts as President.
- If the Chief Justice’s office is also vacant, the senior-most judge of the Supreme Court acts as President or discharges the functions.
- Any person acting as President enjoys all the powers, immunities, emoluments, allowances, and privileges of the President as determined by Parliament.
Powers and Functions of the President
1. Executive Powers
- Administration in President’s Name: All administration is carried out in the President’s name; makes rules for the transaction of government business and allocation of work among ministers.
- Appointments and Removals: Appoints the Prime Minister, other ministers, State Governors, Supreme Court and High Court judges, and heads/members of various constitutional bodies and diplomatic corps.
- Supreme Command: Holds the supreme command of the Defence Forces; war is declared in the name of the President.
- Foreign Relations: Maintains foreign relations; Ambassadors and High Commissioners act as his representatives in foreign lands.
- Supervision over Cabinet: Entitled to have information of all important Cabinet decisions, can refer any matter for Cabinet consideration, and ensures the Council of Ministers retains majority support in the Lok Sabha.
- Independent Agencies: Approves rules and regulations for the working of the Supreme Court and other independent agencies.
- Directing States: Sends directions and instructions to state governments and can invoke Article 356 in case of breakdown of constitutional machinery in a state.
2. Legislative Powers
- Summoning and Dissolution: Summons and prorogues Parliament and can dissolve the Lok Sabha.
- Joint Sessions: Can convene joint sessions of the Lok Sabha and Rajya Sabha to resolve deadlocks between the two Houses.
- Inaugural Address and Messages: Delivers inaugural addresses to Parliament at the commencement of the first session each year and sends messages to Parliament.
- Nominations:
- Nominates 12 members of eminence in literature, science, art, and social service to the Rajya Sabha.
- Nominates 2 members from the Anglo-Indian community to the Lok Sabha.
- Presiding Officer Pro Tem: Appoints a presiding officer pro tem in the Lok Sabha.
- Assent and Veto Powers:
- Exercises veto power over non-money bills passed by Parliament (absolute as well as suspensive vetoes) and can return non-money bills for reconsideration.
- Exercises absolute veto power over State legislation in certain cases.
- Prior Sanction: Prior permission/recommendation is mandatory for introducing certain categories of bills in Parliament.
- Ordinance-Making Power: Can promulgate ordinances when Parliament is not in session for a period not exceeding six months.
- Presentation of Reports: Causes the presentation of reports and recommendations of various commissions (such as the CAG audit reports) before Parliament.
3. Financial Powers
- Money Bills: Prior recommendation of the President is required for introducing a Money Bill in the Lok Sabha.
- Contingency Fund: Keeps control over the Contingency Fund of India to meet unforeseen expenditures.
- Annual Budget: Causes the annual financial statement (budget) to be presented to Parliament.
- Finance Commission: Appoints the Finance Commission every five years.
- Revenue Allocation: Determines the amounts of grants-in-aid in lieu of jute export duty to Assam, Bihar, Odisha, and West Bengal, and determines the shares of States in income tax proceeds.
4. Judicial Powers
- Prerogative of Mercy: Grants pardons, reprieves, respites, or remissions of punishments, and suspends or commutes sentences (including capital punishment/death sentences) under the prerogative of mercy.
- Judicial Appointments: Appoints the Chief Justice of India and other judges of the Supreme Court and High Courts.
- Advisory Jurisdiction (Article 143): Can refer any question of law or fact of public importance to the Supreme Court for advisory opinion (the advice is non-binding).
5. Emergency Powers (Part XVIII)
The Constitution confers extraordinary emergency powers under Part XVIII to deal with three types of emergencies:
- National Emergency (Article 352): Proclaimed when the security of India is threatened by war, external aggression, or internal rebellion.
- President’s Rule / State Emergency (Articles 356 & 365):
- Article 356: Imposed in the event of the breakdown of constitutional machinery in a State.
- Article 365: Enforced when a State fails to comply with or obey the directions of the Union Government or the Constitution.
- Financial Emergency (Article 360): Declared if the President is satisfied that the financial stability or credit of India is threatened.
- Impact during emergencies: The President can suspend laws and dissolve ministries and legislatures for specified periods.
6. Miscellaneous Powers
- Determines the strength of judges in the High Courts.
- Frames rules for the composition and working of the Union Public Service Commission (UPSC).
- Sets up the Official Languages Commission and oversees measures for the progressive use of Hindi for official purposes.
- Promulgates special regulations for the administration of the State of Jammu and Kashmir.
- Makes special rules and regulations for the administration of Scheduled and Tribal Areas, as well as Union Territories.
- Directly runs the administration of Union Territories and Scheduled and Tribal Areas.
- Allows the extension, modification, or abrogation of laws in cases of ports and aerodromes.
