Laxmikanth Summary: President | Indian Polity for UPSC CSE PDF Download

President

Articles 52 to 78 in Part V of the Constitution outline the structure of the Union executive in India, which comprises the President, Vice-President, Prime Minister, council of ministers, and the Attorney General. The President serves as the head of the Indian State, embodying unity, integrity, and solidarity of the nation.

List of Presidents of India

Election of the President

• The President is elected indirectly by an electoral college consisting of:
  (i) Elected members of both Houses of Parliament
  (ii) Elected members of state legislative assemblies
  (iii) Elected members of legislative assemblies of Union Territories (Delhi and Puducherry)
  
• Nominated members of Parliament and state legislative assemblies do not participate in the election.
• The 104th Constitutional Amendment Act of 2019 discontinued the special representation of the Anglo-Indian community in Parliament and state legislatures.
• Dissolution of an assembly disqualifies its members from voting in the presidential election.
• The value of votes of members is determined based on the population and representation of their respective constituencies.
  (i) Value of vote for MLA = State population / (1000 * Total elected members of state assembly)
  (ii) Value of vote for MP = Total value of MLA votes / Total elected members of Parliament.
  
• The election follows proportional representation by means of single transferable vote, ensuring the successful candidate obtains an absolute majority.
• If no candidate secures the required quota in the first phase, votes are transferred until a candidate achieves the quota.
• Disputes regarding the election are resolved by the Supreme Court, whose decision is final.
• The indirect election system was chosen to align with the parliamentary system of government and avoid the complexities and costs associated with direct elections.
• Direct election by Parliament alone was deemed inadequate for representing the entire nation.
• Terms like "proportional representation" and "single transferable vote" were criticized for not accurately reflecting the presidential election process.

Qualifications, Oath and Conditions

Qualifications for Election as President 

• A candidate must be a citizen of India.
• The minimum age requirement for candidacy is 35 years.
• Candidates should be eligible to become a member of the Lok Sabha.
  Lok Sabha
• They cannot hold any office of profit under any government or public authority.
• Candidates must be proposed and seconded by at least 50 electors.
• A security fee of ₹15,000 must be deposited.

Oath or affirmation by the President

Before entering his office, the President has to make and subscribe to an oath or affirmation. In his oath, the President swears:

• To faithfully execute the office.
• To preserve, protect, and defend the Constitution and the law.
• To devote himself to the service and well-being of the people of India. 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.

Conditions of the President's office:

• The President cannot simultaneously hold membership in Parliament or a state legislature.
• They are not permitted to hold any other office of profit.
• The President is entitled to an official residence (Rashtrapati Bhavan) and emoluments, allowances, and privileges as determined by Parliament.
  Rashtrapati Bhawan
• Emoluments and allowances cannot be reduced during the President's term
• The President's salary was increased to ₹5 lakh per month in 2018.
• Pension for retired Presidents is set at 50% of the salary per month since 2008.
• Former Presidents are entitled to various allowances including residence, phone facilities, medical treatment, travel, and staff support.
• The President enjoys personal immunity from legal liability for official acts.
• They are immune from criminal proceedings during their term.
• The President cannot be arrested or imprisoned during office tenure.
• Civil proceedings may be initiated after a two-month notice period for personal acts.

Term, Impeachment and Vacancy

Term of President's Office

• The President serves a five-year term from the date of assuming office.
• Resignation can be tendered at any time to the Vice-President.
• Removal via impeachment process is possible before completing the term.
• The President can continue in office until the successor takes over and is eligible for re-election for multiple terms.

Impeachment of President

• Impeachment can be initiated for "violation of the Constitution."
• Charges can be brought by either house of Parliament, signed by one-fourth of its members, with a 14-day notice to the President.
• A two-thirds majority vote in both houses is required for removal.
  Impeachment of President

Vacancy in the President's Office

• Vacancy can occur due to term expiry, resignation, impeachment, death, or disqualification.
• An election must be held before the term expiry to fill the vacancy.
• No President has been impeached to date.

Military Powers

• The President is the supreme commander of India's defense forces.
• They appoint chiefs of the Army, Navy, and Air Force and can declare war or peace with Parliament's approval.

Emergency Powers

• National Emergency (Article 352)
  (i) It can be declared due to war, external aggression, or armed rebellion.
  (ii) The President gains powers to modify financial distribution between Union and states and suspend certain fundamental rights except the right to life and personal liberty.
• President's Rule (Article 356 & 365)
  (i) Imposed due to the failure of constitutional machinery in states or non-compliance with Union's directions.
  (ii) The President can take over state functions, declare Parliament's authority over state legislature, and approve state expenditure in the absence of Parliament.
• Financial Emergency (Article 360) 
  (i) Declared to protect India's financial stability.
  (ii) Allows the President to issue directives to reduce salaries and allowances, including those of judges.

Veto Power of the President

• A bill passed by Parliament needs the President's assent to become law.
• The President has three choices under Article 111 of the Constitution:
  (i) Grant assent to the bill.
  (ii) Withhold assent to the bill.
  (iii) Return the bill (if not a Money bill) for Parliament's reconsideration. If passed again, the President must assent.
• If there's a delay in electing a new President, the outgoing President continues until the successor assumes office to prevent an interregnum.
• The Vice-President doesn't assume presidential duties during this period.
• In case of vacancy due to resignation, removal, death, or other reasons, an election must be held within six months.
• The newly-elected President serves a full term of five years from assuming office.
• The Vice-President acts as President until a new President is elected in case of vacancy.
• If the President is unable to discharge duties, the Vice-President fills in until the President resumes office.
• If the Vice-President's office is vacant, the Chief Justice of India or the senior-most judge of the Supreme Court acts as President.
• Interim appointees possess all presidential powers, immunities, and receive determined emoluments from Parliament.

Powers and Functions of the President

The President's powers and functions can be categorized as follows:

1. Executive authority
2. Legislative authority
3. Financial authority
4. Judicial authority
5. Diplomatic authority
6. Military authority
7. Emergency authority

   

Executive Powers 

The executive powers and functions of the President are:

• Formal execution of all government actions in the name of the President.
• Authority to establish rules for authenticating orders and instruments executed in the President's name.
• Ability to establish rules for the efficient conduct of Union government business and the allocation of such business among ministers.
• Appointment of the Prime Minister and other ministers, who serve at the pleasure of the President.
• Appointment of the Attorney General of India, determining their remuneration, with the Attorney General serving at the President's pleasure.
• Appointment of various officials such as the Comptroller and Auditor General of India, the Chief Election Commissioner, and members of commissions and committees.
• Authority to request information regarding Union administration and legislative proposals from the Prime Minister.
• Power to require the Prime Minister to present matters for consideration by the council of ministers.
• Ability to appoint commissions to investigate conditions of backward classes and to promote inter-state cooperation.
• Direct administration of Union territories through appointed administrators.
• Declaration of scheduled areas and administration of scheduled areas and tribal areas.

Legislative Powers

The President is an integral part of the Parliament of India and enjoys the following legislative powers.

• Summoning, proroguing, and dissolving Parliament, and convening joint sittings of both Houses.
• Addressing Parliament at the commencement of each session and year.
• Sending messages to Parliament, including messages related to pending bills.
• Appointment of presiding officers in the absence of elected officials.
• Nomination of members to the Rajya Sabha with specialized knowledge or experience.
• Deciding on disqualifications of members of Parliament in consultation with the Election Commission.
• Prior recommendation or permission required for certain types of bills.
• Authority to give assent, withhold assent, or return bills for reconsideration.
• Consideration of bills passed by state legislatures.

Financial Powers 

The financial powers and functions of the President are:

• Requirement of prior recommendation for the introduction of money bills.
• Presentation of the annual financial statement (Union Budget) to Parliament.
• Recommendations necessary for demands for grants.
• Ability to authorize advances from the contingency fund of India.
• Establishment of a finance commission every five years to recommend revenue distribution between the Centre and states.

Judicial Powers 

The judicial powers and functions of the President are:

• Appointment of the Chief Justice and judges of the Supreme Court and high courts.
• Ability to seek advice from the Supreme Court on legal or factual matters, although such advice is not binding.
• Authority to grant pardon, reprieve, respite, or remission of punishment, and to suspend, remit, or commute sentences, especially in cases involving court martial, offences against Union laws, or death sentences.
  

Diplomatic Powers

• Negotiation and conclusion of international treaties and agreements on behalf of India, subject to Parliament's approval.
• Representation of India in international forums and management of diplomatic relations, including sending and receiving diplomats such as ambassadors and high commissioners.

Veto Power

• The President holds veto power over bills passed by Parliament, allowing the withholding of assent to bills.
• The objective of this power is to prevent hasty or unconstitutional legislation.
• Four types of veto power exist: absolute, qualified, suspensive, and pocket veto.
• The Indian President possesses absolute, suspensive, and pocket vetoes, with no qualified veto as in the case of the American President.
• Examples of exercising veto power include instances of withholding assent, returning bills for reconsideration, or exercising pocket vetoes.

Presidential Veto over State Legislation

• The President also holds veto power over state legislation, with bills passed by state legislatures requiring the President's assent.
• The President may withhold assent, return bills for reconsideration, or reserve bills for the consideration of the President.
• There is no time limit for the President's decision on bills reserved by governors, allowing for the possibility of exercising pocket vetoes.

Ordinance - Making Power of the President

• Article 123 of the Constitution grants the President authority to issue ordinances during Parliament's recess, acting as temporary laws.
• Ordinances have equal legal status as parliamentary acts but are temporary measures.
• The ordinance-making power allows the President to address urgent or unforeseen matters.
• However, this power is subject to four limitations:
  (i) Ordinances can only be promulgated when Parliament is not in session, or either House is not in session.
  (ii) The President must be satisfied that immediate action is necessary, with the decision subject to judicial review for malafide intentions.
  (iii) The ordinance-making power is coextensive with Parliament's legislative powers, and ordinances cannot violate constitutional limitations or fundamental rights.
  (iv) Every ordinance must be presented to both Houses of Parliament upon reassembly, with approval required to become an act. Failure of approval within six weeks renders the ordinance void.
• The President can withdraw an ordinance on the advice of the council of ministers.
• Ordinances can be retrospective, amend existing laws, or address tax matters but cannot amend the Constitution.
• The ordinance-making power is unique to India and is not linked to a national emergency.
• The Supreme Court has ruled that successive repromulgation of ordinances without legislative approval violates the Constitution.

Pardoning Power of the President

• Article 72 of the Constitution grants the President authority to grant pardons in certain cases:
  (i) Pardons can be granted for offenses against Union Law, court martial sentences, and death sentences.
  (ii) The President's pardoning power is not part of the Judiciary and is independent.
  (iii) Its purpose is to correct judicial errors and alleviate unduly harsh sentences.
• The President's pardoning power includes:
  (i) Pardon: Absolves the convict from all sentences and punishments.
  (ii) Commutation: Substitutes a lighter punishment for a severe one.
  (iii) Remission: Reduces the sentence period without changing its nature.
  (iv) Respite: Awards a lesser sentence due to special circumstances.
  (v) Reprieve: Temporarily stays the execution of a sentence, especially death, to seek pardon or commutation.
  Article 161 grants similar pardoning powers to state governors.
  Kehar Singh
• Governors can grant pardons, reprieves, respites, and remissions for offenses against state law.
• Differences from the President's power include the inability to pardon court martial sentences and death sentences.
• In the Kehar Singh case (1988), the Supreme Court outlined principles regarding the President's pardoning power
• Petitioners have no right to an oral hearing.
• The President can review evidence independently and make decisions different from the court.
• The power is exercised on the advice of the union cabinet.
• Specific guidelines for the President's power are unnecessary.
• Presidential decisions are not usually subject to judicial review unless arbitrary, irrational, mala fide, or discriminatory.

Constitutional Position of the President

• The Constitution establishes a parliamentary system in India, where the President serves as a nominal executive.
• The real executive power lies with the council of ministers headed by the Prime Minister.
• Dr. B.R. Ambedkar emphasized that the President's role is ceremonial, akin to the position of the King in the English Constitution.
• Unlike the President of the United States, the Indian President is bound by the advice of the ministers and cannot act independently.
• Key provisions outlining the President's role include Articles 53, 74, and 75 of the Constitution.
  K.R. Narayan
• The 42nd Constitutional Amendment Act of 1976 made the President bound by the advice of the council of ministers.
• The 44th Constitutional Amendment Act of 1978 allowed the President to request reconsideration of advice but requires adherence to the revised advice.
• The President can exercise situational discretion in specific circumstances, such as appointing a Prime Minister in certain scenarios or dismissing the council of ministers.
• Examples include President K.R. Narayanan's actions regarding the imposition of President's Rule in Uttar Pradesh and Bihar.