The President of India is the formal head of the state and the supreme commander of the Indian Armed Forces. While the position is largely ceremonial, it carries substantial constitutional powers, which are primarily vested under the Constitution of India.The Indian President is the head of the state and he is also called the first citizen of India. He is a part of Union Executive, provisions of which are dealt with Article 52-78 including articles related to President (Article 52-62). Under these articles, information on how a President is elected, his powers and functions, and also his impeachment process is given.

The role and responsibilities of the President are critical in the governance of the country, especially in situations where the regular functioning of the government is disrupted.

This article will explore the powers and functions of the President as defined by the Constitution of India, examining their executive, legislative, judicial, and emergency roles, and providing an understanding of the President’s position within India’s parliamentary democracy.

The Indian President is the head of the state. He is the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation. He is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.

There is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of:

1. Lok Sabha and Rajya Sabha
2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

Note:

• The value of the vote of an MLA is given below:

• The value of the vote of an MP is given below:

To know who has been the Indian President, IAS aspirants can check the list of Presidents of India in the linked article

The following group of people is not involved in electing the President of India:

1. Nominated Members of Rajya Sabha

   Questions related to President’s elections for UPSC

   There are a few facts that an IAS aspirant must know for . Those facts are in given in a question-answer format in the table below:

   What is the principle of election used in the President’s election?	Proportional Representation with means of a single transferable vote
   How does voting take place in the election of Indian President?	It is a secret ballot system of voting
   What is a quota of votes in President’s elections?
   How is the Supreme Court (SC) involved in the President’s election?	Any dispute related to his election is taken up by SC. SC’s decision is final.  Note: After the election of President is declared null and void, the acts done by the President in his office remain valid even after his removal.

   UPSC aspirants must know about the role and responsibilities of the President as they too work for the development progress of the country, tough at a beginner level.  Aspirants must also review the Salary of an IAS Officer along with the perks provided to them.

2. Nominated Members of State Legislative Assemblies
3. Members of Legislative Councils (Both elected and nominated) in bicameral legislatures
4. Nominated Members of union territories of Delhi and Puducherry

   What are the qualifications of the President?

   A candidate has to meet some qualifications to be elected as the president. Those qualifications of the President are:

   1. He should be an Indian Citizen
   2. His age should be a minimum of 35 years
   3. He should qualify the conditions to be elected as a member of the Lok Sabha
   4. He should not hold any office of profit under the central government, state government, or any public authority

Introduction to the Office of the President

The office of the President is an integral part of India’s parliamentary system, which follows the British model. The President is the nominal or titular head of the state, representing the unity and integrity of the nation. Though the office is ceremonial in nature, the Constitution of India has entrusted the President with significant powers.

These powers enable the President to perform crucial functions, both in normal governance and in exceptional circumstances such as a national emergency or constitutional crisis.

Under Article 52 of the Constitution, it is stated that there shall be a President of India. This provision establishes the office, which operates within the framework of the executive, legislature, and judiciary, and functions as the cornerstone of the governance system.

There are a few conditions for the candidate running for the President’s elections:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office
2. He should not hold any office of profit
3. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent
4. Parliament decides his emoluments, allowances and privileges
5. Parliament cannot diminish his emoluments and allowances during his term of office
6. He is given immunity from any criminal proceedings, even in respect of his personal acts
7. Arrest or imprisonment of the President cannot take place. Only civil proceedings can be initiated for his personal acts that too after giving two months’ of prior notice.

   What is the procedure for impeachment of a President?

   The only condition for the initiation of impeachment of the Indian president is the ‘violation of the constitution.’

   Note: Indian Constitution contains no definition of ‘violation of the constitution.’

   The impeachment process of President is given below. (We have taken Lok Sabha as the first house to initiate the impeachment charges, however, Rajya Sabha too can initiate the impeachment charges against President and in that case, it will pass the resolution and send the charges to Lok Sabha which will investigate and pass it if it finds those charges valid.)

   

   Can the President’s office be vacant?

   Yes, his office can be vacant in the following ways:

   1. When the President of India completes his term of five years in the office
   2. If the President resigns by putting forward his resignation to the Vice-President of India
   3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed
   4. If he dies in the office
   5. If the Supreme Court declares his election invalid

   Note: Vice-President discharges the duties as President; if the latter’s office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President’s Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence); Supreme Court’s senior-most judge, discharge the functions of the President (till new President is elected.)

Executive Powers of the President

The executive powers of the Union are vested in the President under Article 53 of the Constitution. While the day-to-day administration is carried out by the Prime Minister and the Council of Ministers, the President holds the ultimate authority in executing the decisions of the government. Here’s a breakdown of the key executive powers:

Appointment Powers

The President has the authority to make several key appointments, including:

• Prime Minister: The President appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha.
• Council of Ministers: The President, on the advice of the Prime Minister, appoints other ministers who form the Council of Ministers.
• Judicial Appointments: The President appoints the Chief Justice of India, other judges of the Supreme Court, and High Court judges on the recommendation of the judiciary.
• Other Key Officials: The President also appoints the Comptroller and Auditor General (CAG), Attorney-General for India, Governors of states, and members of various constitutional bodies such as the Union Public Service Commission (UPSC) and Election Commission.

Supreme Commander of the Armed Forces

As the supreme commander of the Indian Armed Forces, the President is responsible for the defence and security of the nation. However, all military decisions, including the declaration of war or conclusion of peace, are made under the advice of the Cabinet. The President’s role in this capacity is ceremonial, but it holds symbolic importance.

Legislative Powers of the President

Despite the ceremonial nature of the office, the President plays a crucial role in the legislative process in India. The Constitution has conferred several legislative powers on the President, which ensure that the laws passed by Parliament receive the required approval to become effective. Below are the legislative functions of the President:

Summoning and Proroguing Parliament

Under Article 85, the President has the power to summon and prorogue (discontinue) the sessions of Parliament. The President can also dissolve the Lok Sabha (House of the People), which is done at the recommendation of the Prime Minister. The dissolution of the Lok Sabha brings an end to its current term and necessitates a new general election.

Assent to Bills

One of the most significant legislative powers vested in the President is the power to grant assent to bills. According to Article 111, a Bill passed by both Houses of Parliament cannot become a law until the President has given their assent. The President can:

1. Give Assent: The Bill becomes law.
2. Withhold Assent: The Bill is not passed, and it cannot become law.
3. Return for Reconsideration: The President can return a non-money Bill for reconsideration by Parliament. If Parliament re-passes the Bill in the same form, the President must grant assent.

In the case of Money Bills, the President may only either assent or withhold assent. The President cannot return Money Bills for reconsideration.

Ordinance Power (Article 123)

When Parliament is not in session and urgent legislation is required, the President can promulgate ordinances. These ordinances have the same effect as laws passed by Parliament. However, ordinances must be approved by Parliament within six weeks after the commencement of the next session. If not approved, they will cease to operate.

Nominations to Parliament

The President has the authority to nominate members to Parliament, specifically to the Rajya Sabha (Council of States). These nominations are typically from fields such as literature, science, arts, and social service. The President can nominate up to 12 members to the Rajya Sabha. Additionally, the President can nominate two members from the Anglo-Indian community to the Lok Sabha (although this provision has now been discontinued through the 104th Constitutional Amendment in 2019).

Judicial Powers of the President

The President of India has certain judicial powers that allow them to perform vital functions in the administration of justice. These powers are essential for the functioning of the judiciary and the maintenance of the rule of law.

Power to Grant Pardons (Article 72)

Under Article 72, the President has the power to grant pardons, reprieves, respites, remissions, and commutations of sentences. This power is primarily exercised in cases involving the death penalty, or offences against Union laws or court-martial rulings. The President’s power to pardon is considered a form of mercy and is used to correct miscarriages of justice.

Appointments to the Judiciary

The President is responsible for appointing the Chief Justice of India and other judges of the Supreme Court and High Courts. These appointments are made on the recommendations of the judiciary, primarily the Chief Justice of India, who plays an important role in the selection process.

Emergency Powers of the President

One of the most significant functions of the President is the ability to declare emergencies, which have the power to change the course of the country’s governance during critical times. The Constitution empowers the President with three types of emergency powers:

National Emergency (Article 352)

The President can declare a National Emergency when there is war, external aggression, or armed rebellion. This allows the Union Government to assume complete control over the state governments, and Parliament can legislate on matters under the State List. The declaration of such an emergency leads to the suspension of several fundamental rights, except for the right to life and personal liberty (Article 21).

State Emergency (President’s Rule) (Article 356)

If a state government fails to function according to the provisions of the Constitution, the President may impose President’s Rule in that state. The President assumes the powers of the state government, and the state legislature is either dissolved or placed in suspension. The President’s Rule is supposed to be temporary but can last up to three years with periodic extensions.

Financial Emergency (Article 360)

In the event of a financial crisis or a situation where the financial stability of the country is threatened, the President can declare a Financial Emergency. This power has never been used, but it allows the President to control the financial resources of the country and impose restrictions on spending by both the Union and state governments.

Article 123 deals with the ordinance making power of the President. The President has many legislative powers and this power is one of them. He promulgates an ordinance on the recommendation of the union cabinet. To read more on Ordinance Making Power of the President, check the linked article.

What is the Veto Power of the President?

When a bill is introduced in the Parliament, Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is on the President of India to either reject the bill, return the bill or withhold his assent to the bill. The choice of the President over the bill is called his veto power. The Veto Power of the President of India is guided by Article 111 of the Indian Constitution.

Ceremonial Functions and Constitutional Safeguards

While the President is primarily a ceremonial figurehead, they also play an important role in upholding the Constitution. Some of their key ceremonial functions include:

• Constitutional Guardian: The President is seen as the protector of the Constitution, ensuring that the laws passed by Parliament are in line with constitutional principles. If a Bill is unconstitutional, the President may withhold assent and send it back for reconsideration.
• Symbol of Unity: The President serves as a symbol of national unity and integrity, especially during times of national crises or when the nation faces external threats.

Conclusion

The President of India holds a position of immense importance within the framework of our constitutional system. While the powers of the President are largely exercised on the advice of the Prime Minister and the Council of Ministers, the office remains a crucial safeguard for the democratic and constitutional integrity of the country.

From acting as the formal head of the executive to holding legislative and judicial powers, the President’s functions encompass a broad spectrum, particularly during times of emergency.