Study Notes GS (Polity)

President of India

Articles 52 to 78 in Part V of the Constitution deal with the Union executive.

Articles 52 states that there shall be a President of India.

Articles 53 States that the executive power of the Union shall be vested in the President. He shall exercise the executive power directly or through subordinate officers in accordance with the constitution.

Thus the President Is:

1. Executive head of the Republic.
2. All the executive actions are taken in his name. The executive power vested in the President is the be exercised on the aid and advice of the Council of Ministers [Article 74(1)]. It is obligatory on the past of President to accept the advice of the council of minsters as per the 42nd and 44th Constitutional Amendment Acts.
3. He is the first citizen of India and occupies the first position under the warrant of precedence. Warrant of Precedence indicates the hierarchy of positions occupied by various dignitaries attending a state function.
4. He is the Supreme commander of Armed Forces.

Qualifications for Election as President

1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok Sabha.
4. He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.

Note: A sitting President or Vice-President of the Union, the Governor of any state is also qualified as a residential candidate.

Election of the President

The President of India is elected by indirect election. He is elected by an electoral college in accordance with the system of proportional representation by means of the single transferable vote and the vote being secret.

Article 54 states that:

The Electoral College consists of:

(a) The elected members of both houses of Parliament (nominated members are not the members of electoral college)

(b) The elected members of the Legislative Assemblies of the States (including National Capital Territory of Delhi and the Union Territory of Pondicherry)

Manner of Election of the President
The provisions dealing with the manner of election of the President of India are provided in Article 55 and the President and Vice-President (Elections) Act of 1952, amended subsequently in 1974. He is elected following the system of single transferable vote. The formula is provided by Article 55 of the Constitution:

Value of vote of an MLA = Total population of the State/(Total number of elected MLAs) x 1000
This means that the value of the vote of an MLA differs from one state to another. This is done to give equality of representation in terms of the population.
Thus an MP will have the number of votes as determined by this formulae:

The value of vote of an MP = Total votes cast by all the elected MLAs of 28 States and the two UTs (Delhi & Pondicherry) / (Total number of elected MPs)

This formula is designed to bring parity between the between the votes of all MLAs and those of all MPs.

Article 62 of the Constitution provides that an election to fill a vacancy shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy (if such occurrence of vacancy is caused by resignation or death or impeachment or otherwise). It also says that the vacancy caused by the expiration of the term of office must be completed before the date of expiration of the term.


Oath or Affirmation by the President
The Oath of office to the President is administered by the Chief Justice of India and in his absence, the Senior-most judge of the Supreme Court available.
Any other person acting as President or discharging the functions of the President also undertakes the similar oath or affirmation.


Benefits provided to the President

1. He is entitled, without payment of rent, to the use of his official residence (the Rastrapathi Bhavan).
2. He is entitled to such emoluments, allowances and privileges as many be determined by Parliament. 
3. His emoluments and allowances cannot be diminished during his term of office. The Parliament increased the salary of the President form Rs. 50,000 to Rs. 1.50 lakh per month and the pension to 50% of his salary per month.
4. He enjoys personal immunity from legal liability for his official acts.
5. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.
6. He cannot be arrested or imprisoned. However, after giving two months' notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.

TERM, IMPEACHMENT AND VACANCY Term of President's office

The President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letter to the Vice-President. Further, he can also be removed form the office before completion of his term by the process of impeachment.

He is also eligible for re-election to that office. He may be elected for any number of terms.

Impeachment of the President [Article 61]

1. The President can be removed from his office before the expiry of his term by the process of impeachment.
2. The President can be impeached only for the violation of the Constitution.
3. It is a quasi-judicial procedure.
4. The impeachment procedure can be initiated in either House of the Parliament. The resolution must be signed by at least 1/4th of the total membership of the House. Before the resolution could be passed, a 14 day notice must be given to the President. Such a Resolution must be passed by a majority of not less than 2/3rd of the total membership of the House.
5. Then, the other House of Parliament called the "Investigating House" investigates the charges by itself or cause the charge to be investigated.
6. The President has the right to appear and to be represented at such investigation to defend him. 
7. If, as a result of the investigation the other House also passes a resolution supported by not less than 2/3rd of the total membership of House, the President stands removed from his office from the date on which the investigating House passed the resolution.

Note: 

(a) The elected members of the legislative assemblies of States have no role in the impeachment proceedings, while they elect the President.

(b) The nominated members of the Parliament have the right to deliberate and vote when the resolution of impeachment is under consideration while they have no vote in the election of the President.

Vacancy in the President's Office

A vacancy in the President's office can occur in any of the following ways:

1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal by the process of impeachment.
4. By his death
5. Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void.

Vacancy filled up with Acting President

1. In Case the office of the President falls vacant due to death, resignation or impeachment the Vice-President or in his absent. Chief Justice of Supreme Court or on his absence, senior most Judge of the Supreme Court becomes President till the fresh election for the Post and new incumbent assumes office.
2. If the President is not able to discharge his duties due to sickness or absence due to any other reasons, the Vice-President discharges the functions of the President and is entitled to the same salary, allowances and privileges which are available to the President under the constitution.

Legislative powers of President

The legislative Powers of President are as follows:

1. The President summons both the Houses of the Parliament and prorogues them. He or she can dissolve the Lok Sabha according to the advice of the Council of Ministers headed by the Prime Minister.
2. President inaugurates the Parliament by addressing it after the general elections and also at the beginning of the first session each year.
3. All bills passed by the Parliament can become laws only after receiving the assent of the President. The President can return a bill to the Parliament, if it is not a money bill or a constitutional amendment bill, or a constitutional amendment bill, for reconsideration. When after reconsideration, the bill is passed and presented to the President, with or without amendments; President is obliged to assent to it.
4. The President can also withhold his assent to the bill thereby exercising pocket veto.
5. When both Houses of the Parliament are not in session and if Govt. feels the need for immediate action, President can promulgate ordinances which have the same force and effect as laws passed by Parliament.

Executive powers of president

The executive powers of President are as follows:

1. The President appoints the Prime Minister, the President then appoints the other members of the Council of ministers, distributing portfolios to them on the advice of the Prime Minister. The President is responsible for making a wide variety of appointments. These include.              Governors of Sates/The Chief Justice, other judge of the Supreme Court and High courts of India/The Attorney General/The Comptroller and Auditor general/The Chief Election Commissioner and other Election Commissioners/The Chairman and other Members of the Union Public Service Commission/ Ambassadors and High Commissioners to other countries.
2. The President is the Commander in Chief of the Indian Armed Forces.

Financial Powers

1. All money bills originate in Parliament, but only if the President recommends it.
2. He or she causes the annual Budget and supplementary Budget before Parliament.
3. The President appoints a finance commission every five Years. The President appoints a finance commission every five years.

Judicial Powers

1. The president appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice.
2. The President dismisses the judge if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present.
3. He/she has the right to grant pardon. The President can suspend, remit or commute the death sentence of any person.

Pardon - Completely absolves the offender 

Reprieve - Temporary suspension of the sentence

Commutation - Substitution of one form a punishment for another form which is of a lighter character

Respite - awarding a lesser sentence on special ground.

Remission - reducing the amount of sentence without changing its character

Diplomatic Powers

All international treaties and agreements are negotiated and concluded on behalf of the President. however, in practice, such negotiations are usually carried out by the Prime Minster along with his Cabinet (especially the Foreign Minsiter). Also, such treaties are subject to the approval of the Parliament. The President represents India in international forums and affairs where such a function is chiefly ceremonial. The President may also send and receive diplomats, ie the officers form the Indian foreign Service.

Military Powers

The President is the supreme commander of the defense forces of India. The President can declare war or conclude peace, subject to the approval of parliament. All Important treaties and contracts are made in president's name.

Emergency powers

The President can declare three types of emergencies: 

• National
• state 
• financial 

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