The President

Introduction

• The President is the head of state and the first citizen of India.
• Serves as the constitutional head of the executive, legislature, and judiciary.
• Holds office as per the provisions of Articles 52–62 in Part V of the Constitution.

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Qualifications for the Office of the President (Article 58)

To be eligible for election as President, a candidate must:

1. Be a citizen of India.
2. Be at least 35 years of age.
3. Be qualified to be a member of the Lok Sabha.
4. Not hold any office of profit under the government, except for certain offices (e.g., Vice-President, Governor, or Minister).

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Election of the President (Article 54)

1. Electoral College:

   • Comprises:
     • Elected members of both Houses of Parliament.
     • Elected members of the Legislative Assemblies of States and Union Territories (with legislatures).
   • Nominated members of the Parliament and State Legislatures do not participate.

2. System of Election:

   • Proportional Representation: Single transferable vote system.
   • Voting is done by a secret ballot.

3. Value of Votes:

   • The value of votes of each MLA is determined by the population of the state as per the 1971 Census.

   • MPs have a uniform value of votes across the country.

4. Quota for Election:

   • The candidate must secure more than 50% of the total valid votes to be elected.
   • Votes are calculated based on a preferential system.

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Term and Oath of Office (Articles 56 & 60)

1. Term:

   • The President holds office for five years from the date of assumption.
   • Eligible for re-election without limit.

2. Oath:

   • Administered by the Chief Justice of India (or the senior-most judge of the Supreme Court in their absence).
   • Oath includes allegiance to the Constitution and service to the people of India.

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Powers and Functions of the President

The President exercises executive, legislative, judicial, emergency, and other miscellaneous powers:

1. Executive Powers:

   • The President appoints:
     • The Prime Minister and, on their advice, the Council of Ministers.
     • Governors of states.
     • Judges of the Supreme Court and High Courts.
     • Chief Election Commissioner and other commissioners.
     • Comptroller and Auditor General (CAG), Attorney General of India, and others.
   • Administration of Union Territories.
   • All executive actions of the Government of India are taken in the President’s name.

2. Legislative Powers:

   • Summons, prorogues, and dissolves Parliament (on the advice of the Council of Ministers).
   • Addresses the first session of Parliament every year and the first session after general elections.
   • Assents to or withholds bills passed by Parliament.
   • Issues ordinances under Article 123 when Parliament is not in session.

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Table: Comparison of Powers of the President

Type of Power	Key Provisions
Executive Powers	Appointment of PM, Ministers, Governors, Judges, CAG, etc.
Legislative Powers	Summoning and dissolving Parliament, issuing ordinances.
Judicial Powers	Pardoning powers (Articles 72).
Emergency Powers	Proclaiming National, State, or Financial Emergency.

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Removal of the President (Article 61)

1. Impeachment:

   • The President can be removed for violation of the Constitution.
   • Process:
     • Initiated in either House of Parliament.
     • Requires a two-thirds majority in both Houses after an inquiry.
     • The process is quasi-judicial, involving investigation and trial.

2. Resignation:

   • The President may resign by writing to the Vice-President.

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Legislative Powers of the President

1. Role in Parliament:

   • Summons and prorogues sessions of Parliament.
   • Dissolves the Lok Sabha on the advice of the Council of Ministers.

2. Address to Parliament:

   • The President addresses a joint session of both Houses:
     • At the commencement of the first session after general elections.
     • At the beginning of the first session each year.

3. Assent to Bills:

   • The President may:
     • Assent to the bill, making it a law.
     • Withhold assent (veto power).
     • Return the bill for reconsideration (except for money bills).

4. Ordinance-Making Power (Article 123):

   • When Parliament is not in session, the President can promulgate ordinances.
   • Ordinances have the same effect as laws passed by Parliament but must be:
     • Approved within six weeks of the reassembly of Parliament.
     • Withdrawn if disapproved by Parliament.

5. Nomination of Members:

   • The President nominates:
     • 12 members to the Rajya Sabha from fields like literature, science, art, and social service.
     • 2 members to the Lok Sabha from the Anglo-Indian community (until the 104th Amendment abolished this provision in 2020).

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Judicial Powers of the President

1. Pardoning Powers (Article 72):

   • The President can grant pardons, reprieves, respites, remissions, or commutations in cases of:
     • Offenses against Union laws.
     • Punishment by court-martial.
     • Death sentences (exceptional power).
   • Types of Pardoning Powers:
     • Pardon: Completely absolves the offender.
     • Reprieve: Temporarily postpones the execution of a sentence.
     • Respite: Reduces the degree of punishment under special circumstances.
     • Remission: Reduces the duration of a sentence.
     • Commutation: Substitutes one form of punishment with a less severe one.

2. Judicial Appointments:

   • Appoints judges of the Supreme Court and High Courts based on recommendations of the Collegium System.

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Financial Powers of the President

1. Budget Presentation:

   • The Annual Financial Statement (Budget) is presented to Parliament with the President's prior approval.

2. Money Bills:

   • Cannot be introduced in Parliament without the President’s recommendation.

3. Contingency Fund of India:

   • The President operates the Contingency Fund to meet unforeseen expenditures.

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Emergency Powers of the President

The President plays a central role during emergencies, as provided under Articles 352–360:

1. National Emergency (Article 352):

   • Declared during war, external aggression, or armed rebellion.
   • Effects:
     • Centre assumes extensive powers over states.
     • Suspension of Fundamental Rights under Article 19.
     • Parliament gains authority to legislate on State List subjects.

2. President’s Rule (Article 356):

   • Imposed if a state government cannot function as per constitutional provisions.
   • Effects:
     • State legislature is suspended or dissolved.
     • President administers the state with the help of the Governor.
     • Maximum duration: 6 months (can be extended with Parliamentary approval).

3. Financial Emergency (Article 360):

   • Declared if the financial stability of India is threatened.
   • Effects:
     • Salaries of government officials, including judges, can be reduced.
     • All money bills require Presidential approval.

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Table: Emergency Provisions and Presidential Role

Type of Emergency	Provision	Effects
National Emergency	Article 352	Central control over states, suspension of certain rights.
President’s Rule	Article 356	State legislature dissolved or suspended.
Financial Emergency	Article 360	Control over state finances and reduced government salaries.

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Veto Powers of the President

1. Absolute Veto:

   • Refusal to assent to a bill.
   • Used in cases like private member’s bills or bills that become irrelevant (e.g., if the government that introduced the bill no longer exists).

2. Suspensive Veto:

   • Returning the bill to Parliament for reconsideration (except money bills).
   • If Parliament passes the bill again, the President must assent.

3. Pocket Veto:

   • The President takes no action on the bill, effectively stalling it.
   • Example: Post Office Amendment Bill, 1986, returned by President Zail Singh.

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Position of the President

1. Nominal Head:

   • The President acts on the advice of the Council of Ministers headed by the Prime Minister (Article 74).

2. Discretionary Powers:

   • Exercised under specific circumstances:
     • Appointing the Prime Minister when no party has a clear majority.
     • Dissolving the Lok Sabha when a coalition government fails.
     • Refusing to assent to unconstitutional advice.

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Table: Key Articles Related to the President

Article	Provision
Article 52	The office of the President.
Article 53	Executive power of the Union.
Article 54	Election of the President.
Article 61	Procedure for impeachment.
Article 72	Pardoning powers of the President.
Article 123	Ordinance-making powers.
Article 356	Imposition of President’s Rule.

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Challenges in the Presidential Role

1. Ceremonial Nature:
   • Critics argue that the President's role is largely symbolic, with limited real power.
2. Dependency on the Prime Minister:
   • The President must act on the advice of the Council of Ministers, reducing discretionary powers.
3. Impeachment Process:
   • The impeachment process is complex and has never been used to remove a sitting President.

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Significance of the President

1. Symbol of Unity:
   • Represents the sovereignty and integrity of the nation.
2. Guardian of the Constitution:
   • Ensures that the government operates within constitutional limits.
3. Crisis Manager:
   • Plays a pivotal role during emergencies to maintain stability.

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Comparison of the President's Powers with Other Constitutional Heads

Aspect	President of India	Prime Minister of India	Governor
Executive Powers	Executes decisions through Council of Ministers.	Real head of the executive; advises the President.	Executes state policies through the State Council of Ministers.
Legislative Role	Summons, prorogues, dissolves Parliament; nominates members.	Leader of the majority party; introduces bills.	Summons, prorogues, dissolves the state legislature; nominates members.
Discretionary Powers	Limited discretionary powers (e.g., appointing PM when no clear majority).	No discretionary powers, works based on majority.	Larger discretionary powers compared to the President (e.g., recommending President’s Rule).
Emergency Powers	Proclaims National, State, and Financial Emergencies.	Advises President on emergencies.	Advises on state-specific emergencies.
Judicial Powers	Grants pardons, reprieves, and commutations.	No judicial powers.	Similar to the President but confined to state-level matters.

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Presidential Ordinances (Article 123)

1. Overview:

   • Ordinances are temporary laws promulgated by the President when Parliament is not in session.
   • Must be approved by Parliament within six weeks of reassembly or cease to operate.

2. Limitations:

   • Ordinances cannot be issued to bypass parliamentary procedures.
   • Cannot amend the Constitution.

3. Significance:

   • Allows for immediate action during legislative downtime.

4. Criticism:

   • Often misused to bypass Parliament.
   • Example: Frequent re-promulgation of ordinances by successive governments.

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Important Presidential Elections and Events

1. First President:

   • Dr. Rajendra Prasad (1950–1962) was the first and longest-serving President of India.

2. First Woman President:

   • Pratibha Patil (2007–2012) became the first woman to hold the office.

3. Presidential Election Controversies:

   • VV Giri (1969): Won as an independent candidate with Prime Minister Indira Gandhi’s support, leading to internal party divisions.

4. Use of Pocket Veto:

   • Post Office (Amendment) Bill, 1986: President Zail Singh used the pocket veto due to concerns about political misuse.

5. President During Emergency:

   • Fakhruddin Ali Ahmed (1975–1977) signed the proclamation of Emergency on Indira Gandhi's advice, raising concerns about the discretionary powers of the President.

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Case Studies on Presidential Powers

1. Kesavananda Bharati Case (1973):

   • Emphasized that the President, while signing a constitutional amendment bill, cannot question its validity if it has been passed according to the procedure.

2. SR Bommai Case (1994):

   • Limited the misuse of Article 356 (President’s Rule).
   • Judicial review of President’s Rule was upheld.

3. Judicial Scrutiny of Ordinances:

   • In DC Wadhwa vs State of Bihar (1987), the Supreme Court held that repeated re-promulgation of ordinances violates the Constitution.

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Recent Developments

1. 104th Amendment Act (2020):

   • Abolished the nomination of Anglo-Indians to the Lok Sabha and State Legislative Assemblies, reducing the President’s role in nominating such members.

2. Focus on Transparency:

   • Presidential elections now use open ballots for transparency while ensuring secrecy of the vote.

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Strengths and Weaknesses of the Presidential System in India

1. Strengths:

   • Represents the unity and integrity of the nation.
   • Acts as a check on the powers of the executive.
   • Plays a pivotal role during emergencies and constitutional crises.

2. Weaknesses:

   • Largely ceremonial role, often criticized as a "rubber stamp."
   • Dependent on the Council of Ministers for decisions.
   • Limited discretionary powers compared to heads of state in presidential systems like the USA.

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Table: Key Articles Related to the President

Article	Provision
Article 52	Establishment of the office of the President.
Article 53	Executive powers vested in the President.
Article 54	Electoral college for the election of the President.
Article 61	Procedure for impeachment.
Article 72	Pardoning powers of the President.
Article 74	Council of Ministers to aid and advise the President.
Article 123	Ordinance-making powers.
Article 356	Provisions for imposing President’s Rule.

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Conclusion

1. Ceremonial Head with Vital Roles:

   • The President, while being a ceremonial head, acts as the constitutional guardian and ensures smooth functioning of the state.

2. Crisis Management:

   • During emergencies and uncertain political scenarios, the President plays a decisive role.

3. Future Reforms:

   • Strengthening the discretionary powers of the President could enhance accountability and reduce executive overreach.

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