About The President of India
The provision of the President in the Constitution of India is the head of the Indian state.
The executive power of the union rests with the President, but he is a nominal executive.
The President is elected by the members of both the Houses of Parliament and the elected members of the Legislative Assemblies of the States.
Nominated (nominated) members for both such houses, members nominated for state legislatures and members of legislative councils (in the case of two unicameral legislatures) do not participate in the presidential election.
Apart from this, the word State includes the Presidential Capital Territory of Delhi and the Union Territory of Puducherry.
There is a provision in the constitution that there will be equality and uniformity at the level of representation of various states in the process of presidential election and overall between states and the Union as far as practicable.
The President is elected according to a system of proportional representation by single transferable vote and secret vote.
To be elected to the post of President, a person must fulfill the following qualifications-
He should be a citizen of India
Must be 35 years of age
Should be eligible for membership of Lok Sabha
Do not hold any office of profit in the Union Government, State Government or any local authority
In addition to the above, the following powers have been prescribed in the Constitution for the post of President.
The presidential candidate should not be a member of any House of Parliament and State Legislative Assembly.
He should not hold any other office of profit.
The President’s emoluments, allowances and privileges will be determined by the Parliament.
The President’s emoluments and allowances will not be withheld during his tenure.
The Chief Justice of India administers the oath to the President. In his absence, this work is done by the senior-most judge of the Supreme Court.
The term of the President is 5 years.
He can submit his resignation at any time to the Vice President of India.
This resignation addressed to the Vice President is sent to the Speaker of Lok Sabha.
The President can be removed from the post of impeachment before the expiry of his term in violation of the provisions of the Constitution.
Impeachment can be imposed by any House of Parliament. This indictment should be signed by one-fourth of the members of the House (who can make changes) and the President has to give 14 days’ notice.
After the impeachment bill is passed by two-thirds of the total members of the house, it is sent to the house for examination of prosecutions.
The President has the right to be present or to send a representative at the time of such inquiry.
If the second house also considers the suit to be correct and impeaches by a two-thirds majority of the total number of its members, the President is deemed to be removed from the date of the passing of the bill.
In the event of the death of the President, his resignation or resignation or vacancy in other positions, the office of the President shall be done by the Vice-President until the new President is elected.
In addition, if the President is not in a position to work due to illness, absenteeism or other reasons, then the Vice President enjoys all the powers and inequities that the President has until the President takes over.
During this period, the Vice President is entitled to the emoluments and allowances and privileges prescribed by the Parliament.
The President or those who have held office are eligible to be re-elected to this post.
Elections to fill a vacancy at the end of the President’s term are completed before the end of the President’s term.
Elections should be held within 6 months from the date of vacancy to fill the vacancy caused by the President’s demise, resignation or dismissal or other reason.
All doubts and disputes related to the presidential election are resolved by the Supreme Court, whose decision is final.
The election of a person as President cannot be challenged on the ground that the number of members (who used to vote in the election) at the time of election was not complete.
If the Supreme Court declines to elect the President of a person, then the work done by (the President) before the date of award of the Supreme Court will not be considered invalid, meaning that those works will remain in effect.
Powers and Functions Powers and Functions
Information about the powers received by the President of India and the works executed by him can be obtained through the following heads.
Executive / executive powers
All the functions of the Government of India are formally done in the name of the President.
The President may make rules with reference to the manner in which the form made on all orders made in his name is certified.
The President may make rules to make the functioning of the Central Government more convenient and to distribute that work among the Ministries.
The President appoints the Prime Minister and other ministers. They can remain in office only with the consent of the President.
The appointment of the Attorney General of India and his salary allowances are determined by the President. The Attorney General can continue in office only with the consent of the President.
The President also appoints the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman of the Union Public Service Commission and the Governors of the States, the Chairman and members of the Finance Commission.
The President may ask the Prime Minister for information related to the administrative functions of the Union and a proposal related to legislation.
The President may ask the Prime Minister for any matter related to the decision taken by a Minister for the consideration of the Council of Ministers, which the Council of Ministers has not discussed.
The President may constitute a commission to investigate the circumstances of the Scheduled Castes, Scheduled Tribes and Other Backward Classes.
The President may also constitute an Inter-State Council to promote inter-state cooperation between states.
Directly exercises administrative control over the Union Territories through an administrator appointed by the President. He can declare any area as Scheduled Area and has powers to broadcast to Scheduled Areas and Tribal Areas.
The President is an integral part of the Indian Parliament. The legislative powers of the President in this context are as follows:
The President can invoke and prorogue the Parliament session. He can also dissolve the Lok Sabha. He can also call joint meetings of both the Houses of Parliament which are to be chaired by the Speaker of Lok Sabha.
The President addresses the first session of Parliament and the first session of each year after each general election.
The President can send a message to both the Houses of Parliament in respect of any bill or other pending in Parliament.
In the event of the vacancy of both the Speaker and the Deputy Speaker, the President may appoint a member of the Lok Sabha to preside over the proceedings of the House. Thus, if the posts of both the Chairman and the Deputy Chairman of the Rajya Sabha are vacant, a member of the Rajya Sabha can appoint a member to preside / preside over the proceedings of the House.
The President can nominate 12 distinguished and learned persons from the fields of literature, science, arts and social service to the Rajya Sabha.
The President may also nominate 2 persons from the Anglo-Indian community as members of the Lok Sabha.
The President also resolves the question of disqualification of Members of Parliament in consultation with the Election Commission. Prior approval of the President is required to bring certain types of Bills to the Parliament, such as a bill for the expenditure of the Consolidated Fund of India and a change in the boundary of a State or a new State Building Bill.
When a bill passed by Parliament is sent to the President, then the President-
Provides its assent to the Bill, or
Withholds its consent in relation to the Bill, or
The bill (if that currency bill is not a constitutional amendment bill) is sent back to Parliament for reconsideration.
However, if the Parliament re-passes the bill with or without amendment, then the President has to agree.
Thus the President has veto power in respect of Bills passed by Parliament. Veto power can be of the following four types –
Veto power to withhold consent with respect to MLA called ultimate veto
Higher in the legislature is necessary to end the conditional veto.
A simple majority in the legislature is necessary to end the suspension veto.
JB veto means not taking action on a bill passed by the legislature
The veto power obtained by the President of India is a combination of absolute, suspensive and pocket veto.
It is also important to note that in cases of constitutional amendment related bills, the President does not have veto power. The 24th Amendment (1971) made it obligatory for the President to give his assent to the Constitution Amendment Bill.
When the Governor sends a bill passed by the State Legislative Assembly for the consideration of the President, the President-
Gives his assent to the bill, or
Withholds its consent to the Bill or,
Instructs the Governor to send the bill back to the state assembly for reconsideration (if the bill is not a money bill. Here it is noteworthy that even if the MLA passed by the State Legislative Assembly is passed again and again for consideration, the President will give it to him It is not bound to give consent. How the President has unbridled veto power in respect of State Bills.
The President may issue an ordinance at the time of prorogation of Parliament. The ordinances have to be approved by the Parliament within 6 weeks from the date of commencement of re-session. The President may withdraw the Ordinance at any time.
The President presents the report of the Comptroller and Auditor General, Union Public Service Commission Report, Finance Commission Report and other reports in Parliament.
When the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu can make regulations of peace, progress and good governance. In respect of Puducherry, he can also make regulations in case the Assembly is suspended or scheduled.
The financial powers and functions of the President are as follows
Money Bill can be introduced in Parliament only with the prior approval of the President.
The annual financial statement (Union Budget) is also kept in Parliament with the permission of the President.
The grant can be sought only on the recommendation of the President.
The President can arrange an advance from the Consolidated Fund of India to meet any unexpected expenditure.
The President constitutes the Finance Commission after five years with a view to recommend distribution of taxes between the Center and the States.
The judicial powers and functions of the President are-
The President appoints the Chief Justices of the Supreme Court and the High Court.
The President can consult the Supreme Court on any question related to law or fact. The President is not bound to accept the advice given by the Supreme Court.
He can grant pardon to any person found guilty in the following cases- can stop the execution of the sentence, postpone the death penalty and change the pardon and punishment by ending the sentence or paying the penalty-
Penalty or sentence pronounced by court martial
Punishment or punishment for an offense against a law which is beyond the executive powers of the Union and
In all the cases where the punishment is death sentence.
Pardon means to free a person from the punishment given by the court for an offense.
Reprive means to postpone the sentence for some time.
Respite means a lesser sentence than the punishment prescribed by law.
Remission means to reduce punishment without changing the nature of punishment.
Commutation means to reduce the nature of punishment.
International relations and agreements are finalized by the President.
However, they also require the approval of Parliament.
The President represents India on the international stage and appoints diplomats such as ambassadors and high commissioners.
The Indian President is the supreme commander of the Indian Army.
The Chiefs of the Army, Navy and Air Force are also appointed by the President.
He sends peace related matters to declare war as well as the approval of Parliament.
In addition to the general powers mentioned above, the President has been given extraordinary powers under the Constitution to deal with the following 3 types of emergency.
National Emergency – Article 352
President’s Rule Articles – 356 and 365
Financial emergency article 360
The President can declare Emergency in the whole country or in any part of any country on the following basis.
In case of war or
In the event of an external attack or,
In the event of armed rebellion
The Constitution originally meant the term internal disturbance, but the 44th Constitution Amendment Act 1978 has replaced the term armed rebellion.
The President can declare a National Emergency only on the written recommendation of the Cabinet.
The term Cabinet in Article 352 (3) of the Constitution refers to the Council of Ministers of the Cabinet including the Prime Minister.
The declaration of emergency has to be approved by both the Houses of Parliament within a month.
Emergency can continue for 6 months with the approval of Parliament. Emergency can continue indefinitely with the approval of Parliament for every 6 months.
So far, the National Emergency has been declared thrice in the years 1962, 1971 and 1975.
During the national emergency, the President enjoys the following extraordinary powers:
He can instruct any state regarding the manner of exercising its executive and powers.
It can amend the system of distribution of financial resources between the Center and the States.
Except for the right to life and personal liberty (Article 21) and the right to protection related to conviction for crime (Article 20), it can deprive citizens of fundamental rights. In addition, 6 types of right to freedom (Article 19) can be suspended only when a state of emergency has been declared (ie on the basis of war or external aggression and not in case of internal emergency (ie depending on the situation of armed disturbance).
It is also worth mentioning here that during the National Emergency, Parliament gains 2 powers-
Where the state can make laws on any subject of the list, such laws become effective after 6 months of emergency.
It can extend the normal term (5 years) of Lok Sabha and State Legislative Assembly for any period of time for 1 year at a time. This extension cannot continue for more than 6 months after the emergency.
It is also known as State Emergency or Constitutional Emergency. It is announced by the President on the following basis:
On failure of constitutional machinery in the state – Article 356 or
In the event of non-compliance of instructions given by the Union, it is not effective. Article 365
In this way, President’s rule is imposed only after the President is satisfied with the fact that the state cannot be ruled according to the provisions of the Constitution through the report received from the Governor of the State.
The declaration of President’s rule in a state has to be approved by both the Houses of Parliament within two months.
Upon getting the approval, President’s rule can continue for 6 months.
The period of President’s rule can be increased to a maximum of 3 years with the approval of Parliament every 6 months.
The period of President’s rule can be extended for a period of 6 months at a time after 1 year, provided that the following conditions are met-
A national emergency is declared in the whole country or in the whole state or any part of the state concerned and
The Election Commission should certify that general elections cannot be held in the concerned state due to difficulties.
When the President’s rule is implemented in the state, the President gets the following extraordinary powers:
He may do all or some of the work entrusted to the State Government and all or some of the powers delegated to any body or authority in the State and to the Governor.
The President may declare that the powers of the State Legislative Assembly shall be exercised by the Parliament only by an authority under the Parliament.
The President may authorize expenditure from the Consolidated Fund of the State at the time of prorogation of the Lok Sabha, upon which the approval of the Parliament is subsequently taken.
At the time of prorogation of the Parliament, the President may issue ordinances for administration in the State.
Therefore, when President’s rule is in force in the state, the President can dissolve the State Council of Ministers headed by the Chief Minister.
The Governor of the state can take the administration of the state in his hands with the help of the Chief Secretary of the state or an advisor appointed by the President on behalf of the President. The reason for this is that the declaration of Article 356 is more known as the implementation of President’s rule.
The President can adjourn or dissolve the State Legislative Assembly. The State Legislative Assembly Bill and the State Budget are passed by Parliament.
It is also worth mentioning here that during the President’s rule, the constitutional position, powers and functions of the High Court of the concerned state, ie the President’s rule has no effect on them. The President cannot tamper with the jurisdiction of the concerned High Court.
The President can declare a financial emergency when he is satisfied with the fact that the state of financial stability in India or any part of it is in danger.
The Parliament is required to give its approval within 2 months on the declaration of financial emergency.
During the financial emergency in the country, the President enjoys the following extraordinary powers:
It can direct the states to monitor the principles of financial justification.
He may give instructions regarding deduction of salary and allowances of all or some category of persons serving under the State.
The President may preserve all the Money Bills and other Finance Bills passed by the State Legislative Assembly for his consideration.
The President may issue instructions for the deduction of salaries and allowances of all or any class of persons serving the affairs of the Union, including judges of the Supreme Court and the High Court.
This type of emergency has not been announced yet.
The Constitution of India provides for the government of the parliamentary system. As a result, the President has been considered as a nominal executive and the Council of Ministers headed by the Prime Minister is the de facto executive.
The President has to exercise his powers and perform the functions with the advice of the Council of Ministers headed by the Prime Minister. The following three provisions have been made in the Constitution in this context.
The President must exercise the executive powers of the Union either directly or through his subordinate authorities in accordance with the provisions of the Constitution (Article 56).
The Council of Ministers will be headed by the Prime Minister to assist and advise the President and the President shall perform his functions in accordance with such advice (Article 74).
The Minister shall be collectively responsible to the Lok Sabha (Article 75). This provision is the basis of the parliamentary system of government.
According to the 42nd Constitution Amendment Act 1976, the President is bound to follow the advice of the Council of Ministers headed by the Prime Minister. Through the 44th Constitution Amendment Act 1978, the President has been empowered to ask the Council of Ministers for reconsideration generally or otherwise on good advice. However, the President will be obliged to act according to the advice given after reconsideration.
The President has no constitutional discretionary power, but has some circumstantial discretionary power, that is, he can act in his discretion in the following circumstances without the advice of ministers.
Appointment of the Prime Minister in the event of no party getting a clear majority in the Lok Sabha, or the sudden death of the Prime Minister or his successor during his tenure.
Dismissal of the Council of Ministers for not being able to prove confidence in the Lok Sabha.
Dissolve the Lok Sabha if the Council of Ministers loses its majority.
A look at the articles related to the presidency
Article number subject
52. President of India
53. Executive powers of the Union.
54. Presidential election
55. Presidential election method
56. President’s term
57. Eligibility for re-election to the post of President
58. Ability to be elected as President
59. Presidential terms
60. Presidential oath
61. Procedure for impeachment of the President.
Time to conduct election to fill 62 presidential vacancy
65. The Vice-President to perform the office of the President or the performance of his functions.
71. Topics related to presidential elections
72. Powers of the President relating to amnesty and in some cases to reduce the punishment.
74. Council of Ministers to assist and advise the President
Provision for appointment, tenure, salary allowances etc. of 75 ministers
76. Attorney General of India
77. Business policy of the Government of India
78. Prime Minister’s duty to provide information to the President, etc.
85. Session of Parliament, call and dissolution
111. Consent to Bills passed by Parliament.
112. Union Budget (Annual Financial Statement)
123. Ordinance Lane Powers of the President
143. Powers of President to consult Supreme Court.