0
The President of India is the constitutional head of the Republic of India, also known as the Head of the State and the first citizen of the country. The office of the President represents the unity, integrity, and sovereignty of the nation. While the real executive power rests with the Council of Ministers, headed by the Prime Minister, the President performs crucial constitutional, ceremonial, and diplomatic functions.
Constitutional Provisions
The office of the President is dealt with in Part V (Articles 52–78) of the Indian Constitution.
Article 52: There shall be a President of India.
Article 53: The executive power of the Union shall be vested in the President.
Article 54–62: Deal with election, qualifications, term, impeachment, etc.
Election of the President
The President is elected indirectly by an Electoral College, consisting of:
1. Elected members of both Houses of Parliament, and
2. Elected members of the Legislative Assemblies of the States (including Union Territories of Delhi and Puducherry).
The election is held by the system of proportional representation through single transferable vote.
Voting is done by secret ballot.
The Election Commission of India conducts the election.
Value of Votes:
Vote value of an MLA = (Population of State ÷ Number of elected MLAs) × (1/1000).
Vote value of an MP = Total value of votes of all MLAs ÷ Total number of elected MPs.
Qualifications for Election
To be eligible for election as President, a person must:
Be a citizen of India.
Have completed 35 years of age.
Be qualified for election as a member of the Lok Sabha.
Not hold any office of profit under the Government of India, any state, or local authority.
Term, Oath, and Removal
The President’s term is five years from the date of entering office.
The oath of office is administered by the Chief Justice of India (Article 60).
The President can resign by writing to the Vice-President or can be removed by impeachment for violation of the Constitution (Article 61).
Impeachment Procedure:
Initiated in either House of Parliament.
Requires a two-thirds majority of the total membership of both Houses.
Powers and Functions of the President
1. Executive Powers
Appoints the Prime Minister and other ministers on PM’s advice.
Appoints Governors, Judges of the Supreme Court and High Courts, Ambassadors, and Election Commissioners.
All executive actions are taken in the name of the President.
2. Legislative Powers
Summons and prorogues Parliament, and can dissolve the Lok Sabha.
Addresses the first session of each year and after general elections.
Gives assent to bills, can withhold or return (except money bills) for reconsideration.
Issues ordinances under Article 123 when Parliament is not in session.
3. Financial Powers
All money bills can be introduced in Parliament only with the President’s recommendation.
Causes the Annual Budget to be laid before Parliament.
Operates the Contingency Fund of India.
4. Judicial Powers
Has the power to pardon, reprieve, respite, remit, or commute sentences under Article 72.
These powers apply especially in cases involving death sentences.
5. Diplomatic and Military Powers
Represents India in international forums and affairs.
Signs treaties and agreements (subject to Parliament’s approval).
Supreme Commander of the Defence Forces; appoints Chiefs of Army, Navy, and Air Force.
6. Emergency Powers
Under the Constitution, the President can proclaim three types of emergencies:
1. National Emergency (Article 352) – Threat to security of India.
2. President’s Rule (Article 356) – Failure of constitutional machinery in states.
3. Financial Emergency (Article 360) – Threat to financial stability of India.
Position and Role
The President functions as a nominal executive; the Prime Minister and Council of Ministers exercise real power.
However, in certain situations—such as hung parliament, breakdown of constitutional machinery, or emergency—the President’s discretion becomes significant.
Conclusion
The President of India symbolizes the unity and continuity of the nation. Though primarily a constitutional head, the President ensures that the Constitution is upheld, the democratic framework is maintained, and checks and balances in governance are preserved. The institution embodies the spirit of constitutional democracy and federal balance, acting as a guardian of India’s constitutional morality.
