The President of India

Basic Information

• The President is the head of the Indian State.
• The President is the first citizen of India
• The President the symbol of unity, integrity and solidarity of the nation.
• Articles 52 to 62 in Part V of the Constitution deal with the President of India
• The Union executive includes the President, the Vice- President, the Prime Minister, the council of ministers and the attorney general of India.

The President’s election

• In President’s election the proportional representation system (single transferable vote) is followed. The voting is by secret ballot.
• The President is elected through indirect election by members of
• electoral college includes -
• The elected members of Lok sabha and Rajya sabha (Parliament)
• The elected members of the legislative assemblies of the states and the Union Territories of Delhi and Puducherry.

Values of Vote of an MP & MLA:

• All doubts and disputes in relation with election of the President are inquired by the Supreme Court and its decision is final.

Note:
Proportional representation – In this method two or more seats would be filled. ‘Single transferable vote’ - A voter has a single vote.

Qualifications

For competing president election one should have the following qualifications…

1. Citizen of India.
2. 35 years of age (completed).
3. Qualified to be a member of the Lok Sabha.
4. Should not hold any office of profit under the Union Government. state government. local authority. public authority.

Note : The oath and affirmations of office to the President is administered by the Chief Justice of India or by the senior most judge of the Supreme Court.

Privileges and immunities

• The President has privileges and immunities for his personal and official acts.
• Criminal proceedings cannot initiate during his term of office for his personal and official acts. He cannot be arrested or imprisoned.
• Civil proceedings can be instituted against him for his personal acts during his term of office but after giving two months’ notice.

Other Facts

• The President holds office for a term of five years and also eligible for re-election
• He gives his resignation letter to the Vice- President and removed from the office by the impeachment process (For ‘violation of the Constitution’). This process can be initiated by either House of Parliament. One-fourth members of the House should sign for this impeachment process and a 14 days’ notice should be given to the President. The impeachment resolution is passed by special majority of the parliament. The impeachment is a quasi judicial procedure. All the members of the Parliament take part in this process. No President has been impeached so far.
• The President can hold office until his successor assumes charge.
• Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
• Article 72 of the Constitution empowers the President to grant pardons to convicted persons for offences.

When the President’s office will be Vacant?

• Completion of five years tenure.
• By his resignation.
• By impeachment.
• By his death.
• When disqualified by the Supreme court.

Powers and Functions of the President

• Executive powers
• Legislative powers
• Financial powers
• Judicial powers
• Diplomatic powers
• Military powers
• Emergency powers

Important Articles Regarding the President of India

• 52. The President of India
• 53. Executive power of the Union
• 54. Election of President
• 56. Term of office of President
• 58. Qualifications for election as President
• 60. Oath or affirmation by the President
• 61. Procedure for impeachment of the President
• 72. Power of President to grant pardons etc.,
• 74. Council of ministers to aid and advise the President
• 75. Other provisions as to ministers like appointment, term, salaries, etc.
• 76. Attorney-General of India
• 78. Duties of Prime Minister in respect to furnishing of information to the President.
• 85. Sessions of Parliament, prorogation and dissolution
• 111. Assent to bills passed by the Parliament
• 112. Union Budget (annual financial statement)
• 123. Power of President to promulgate ordinances
• 143. Power of President to consult Supreme Court