President and Powers of President in India

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Introduction

The President of India is the ceremonial head of state and the highest constitutional authority in the country. Article 52 of the Constitution of India states that “There shall be a President of India”. As a pivotal figure in Indian democracy, the President’s role and powers are defined by the Indian Constitution, reflecting a blend of ceremonial duties and significant constitutional responsibilities. In this article, we will discuss the different powers and functions of the President in India. Before delving into the powers, let us gain some basic knowledge related to the President such as How the President of India is elected, What is the tenure or term of the President, Qualifications for election as President, and many more.

How the President is elected?

The President should be elected by the members of an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States (including the National Capital Territory of Delhi and Union Territory of Puducherry).

Nominated members of Rajya Sabha, Nominated members of State Legislative Assemblies, Nominated members of Union Territories of Delhi and Puducherry, and Both elected and nominated members of Legislative Councils in bicameral legislatures are not involved in electing the President of India.

What are the qualifications for election as President?

To contest the elections of a president, a person should possess certain qualifications to be eligible for the position of President of India which are illustrated under Article 58 of the Constitution of India. The qualifications include:

• He should be a citizen of India.
• He should have completed the age of 35 years. 
• He is qualified for election as a member of the House of the People.
• He should not hold any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

What is the term of the President’s office?

Article 56 of the Constitution of India deals with the ‘Term of Office of President’. The President should hold office for a term of 5 years from the date on which he enters his office provided that 

• “the President may, by writing under his hand addressed to the Vice-President, resign his office;
• the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in Article 61;
• the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.”

The President can also be re-elected. Article 57 of the Indian Constitution states that “A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.”

Who administers the Oath of the President?

The Oath of the President is administered by the Chief Justice of India and in case the Chief Justice is not able to administer the oath due to some reason then the senior-most judge of the Supreme Court administers the oath. As per Article 60 of the Constitution, “Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation…”

Conditions of the President’s Office

Article 59 deals with the conditions of the President’s office. It states,

• “The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
• The President shall not hold any other office of profit.
• The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
• The emoluments and allowances of the President shall not be diminished during his term of office.”

What is the procedure for impeachment of the President?

The impeachment of the President of India is a detailed and rigorous process established by the Indian Constitution to ensure that such a significant action is taken only for serious reasons. The procedure is outlined primarily in Article 61 of the Constitution. It states that when a President is to be impeached for violation of the Constitution, the charge should be preferred by either House of Parliament. Moreover, no such charge should be preferred unless, 

• “the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and
• such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.”

When a charge has been so preferred by either House of Parliament, the other House should investigate the charge or cause the charge to be investigated and the President should have the right to appear and to be represented at such investigation. If as a result of the investigation, a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution should have the effect of removing the President from his office as from the date on which the resolution is so passed.

Powers of the President

The President's powers include:

Executive Powers

• The president is the head of the executive branch of the Indian government. Article 53 of the Indian Constitution states “the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.” 
• The President can issue ordinances when Parliament is not in session, which have the same force as laws.
• The President appoints the Prime Minister and, on the Prime Minister’s advice, appoints the Council of Ministers. The President also appoints the governors of states, the Chief Justice of India, other judges of the Supreme Court and High Courts, and various other high officials such as the Comptroller and Auditor General, Chief Election Commissioner and other Election Commissioners, Chairman and members of the Union Public Service Commission, State Governors, and Finance Commission of India (chairman and members).
• He also appoints the National Commission of Scheduled Castes, Scheduled Tribes, and Other Backward Classes. 

Legislative Powers

• The President summons and prorogues Parliament sessions and can dissolve the Lok Sabha. 
• The President also gives assent to bills passed by Parliament, which is necessary for them to become law. This assent can be withheld, leading to the return of the bill to Parliament with a request for reconsideration.
• At the beginning of each parliamentary session, the President delivers an address outlining the government’s agenda and policies. This speech sets the tone for the legislative session and reflects the government’s priorities.
• He nominates 12 members of the Rajya Sabha and can nominate 2 members of the Lok Sabha from the Anglo-Indian Community.

Judicial Powers

• The president appoints the Chief Justice and other judges of the Supreme Court and High Courts.
• The President has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 72 of the Constitution. This power is exercised based on the advice of the Council of Ministers and can be applied in cases of conviction under various laws. 

Emergency Powers

The President can declare a national emergency (Article 352), state emergency (Article 356), or financial emergency (Article 360) which grants the central government extraordinary powers. Such declarations must be based on the advice of the Council of Ministers and are subject to parliamentary approval. 

Military Powers

The President is the commander of the defence forces of India and appoints the Chief of the Army, Chief of the Air Force, and Chief of the Navy.

Other than these, the President also has some diplomatic powers, he represents India in international affairs and receives foreign diplomats. Also, the president can ratify treaties and agreements with foreign countries. 

Conclusion

The President of India, while largely a ceremonial figure, holds substantial constitutional responsibilities and powers that are critical to the functioning of the Indian democratic system. The President’s role as the custodian of the Constitution and the representative of the nation underscores the balance between symbolic leadership and actual governance, ensuring that the democratic process is upheld with integrity and continuity.