The President
Part V of the Constitution (The Union) under Chapter I (The Executive) Articles 52 – 62 lists out the qualification, election, powers and impeachment of the President of India.
The President of India is the Executive head of the state and the first citizen of India. He is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.
The 42nd Amendment of the Constitution has made it obligatory on the part of the President to accept the advice of the Council of Ministers. However, 44th Amendment Act amended the word ‘obligatory’ and added that ‘President can send the advice for reconsideration’.
Qualifications (Article 58)
» Must be a citizen of India;
» of 35 years in age;
» eligible to be a member of the Lok Sabha and
» must not hold any office of profit.
Election
Indirectly elected through Electoral College consisting of elected members of both the Houses of the Parliament and elected members of the Legislative Assemblies of the States.
» The 70th Amendment Act, 1992, provides for the inclusion of members of the legislature of National Capital Territory of Delhi and the Union Territory of Puducherry.
» Members of the Legislative Councils have no right to vote in the Presidential election.
» Supreme Court decides all disputes regarding President’s election.
Tenure
The term is 5 years and there is no upper limit on the number of times a person can become the President (Article 57). He can give resignation to the Vice-President before the full-term.
» The salary of the President is Rs.5 lakh. Until 2017, the President used to get Rs. 1.50 lakh per month. In Budget 2018, it was increased to Rs. 5 lakh per month.
» In case, the office of the President falls vacant due to death, resignation or removal, the Vice- President acts as the President.
» If he is not available then Chief Justice of India, if not then the senior most Judge of the Supreme Court shall act as the President of India.
Oath or Affirmation (Article 60)
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, an oath or affirmation. He/she swears to faithfully execute the office, to preserve, protect and defend the Constitution and the law and to devote himself/herself to the service of the people of India.
Impeachment Procedure (Article 61)
» It is a quasi- judicial procedure. President can be impeached only on the grounds of violation of the Constitution. (Article 61)
» The impeachment procedure can be initiated in either House of the Parliament.
Duty
The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution). The president is the common head of all independent constitutional entities. All his actions, recommendations (Article 3, Article 111, Article 274, etc.) and supervisory powers (Article 74(2), Article 78C, Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used in accordance to uphold the constitution.
Powers
He is the formal head of the Union Administration. His powers can be broadly classified under 8 categories.
1. Legislative
2. Executive or Appointment powers
3. Judicial powers
4. Financial powers
5. Diplomatic powers
6. Military powers
7. Pardoning Powers
8. Emergency powers
Powers of President:
» The President shall have the power to appoint and remove high authorities like, the Prime Minister, other Ministers of the Union, Judges, Governors of States and appoints Chiefs of Army, Navy and Air Force.
» He nominates 12 members of the Rajya Sabha from persons of literature, art, science and social work and 2 members in the Lok Sabha of the Anglo-Indian Community.
» The president is the Supreme Commander of the Indian Armed Forces. Declares wars and concludes peace, subject to the approval of the Parliament.
» President has the Veto power.
The President of India has three types of Veto Powers:
1. Absolute Veto: The power of the President to withhold the assent to the bill is termed as his absolute veto.
2. Suspensive Veto: The power of the President to return the bill to the Parliament with or without consideration is called suspensive veto.
3. Pocket Veto: The power of the President to not act upon the bill is termed as a pocket veto.
» Under Article 72, the President has the power to grant pardons, reprieves, respites or remission of punishment or to suspend, remit or commute the sentence of any person convicted with death sentence.
» Under Article 123, President can promulgate ordinance when either Lok Sabha or Rajya Sabha is not in session or if both are not in session.
» Diplomatic Powers
- International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name.
- He is the representative of India in international forums and affairs.
» Emergency Powers
- To declare National Emergency (Article 352).
- To impose President Rule in a State (Article 356 and 365).
- To declare Financial Emergency (Article 360).
