India adopted the parliamentary system of government
under which President is the Head of the State but he is a nominal or the
ceremonial head. The President of India is the highest office of the land under the constitutional
framework of India. Also, he is referred to as the first citizen of the
nation. Also, he is referred to as the first citizen of the nation.
Under Chapter I of Part V, provisions regarding qualification, election, impeachment
etc. of the President of India are provided (Article 52 to 62). President is an
integral part of the Parliament.
Election of
President (Article 54)
President of India is elected by indirect election
i.e. by an electoral college in accordance with the system of proportional
representation by means of single transferrable vote.
Electoral college consists of – elected members of
both the Houses of Parliament, elected members of Legislative assembly of the
States and elected members of Union Territories of Delhi and Puducherry.
Method of Election of President is taken from the
Irish Constitution. Any doubts and disputes related to election of President
can be challenged only in the Supreme Court of India, which is final.
When a permanent vacancy occurs in the office of
President due to death, resignation or removal, the Vice President acts as
President and discharges the functions of office of the President until the new
president enters upon his office [Article 65(1)]. Parliament enacted President
(Discharge of functions) Act 1969, under which CJI and in his absence senior most
judge of SC can act as President in case of vacancy.
The Constitution also provides that the election to
fill the vacancy should be conducted within six months of vacancy.
Qualification for Election of President
A person must : be a citizen of India, have completed
35 years or age, be qualified for election as member of House of People (Lok
Sabha).
President takes an oath administered by Chief Justice
of India and in his absence by senior most judge of the Supreme Court.
An acting President, who is temporarily discharging
the functions of the President shall also be administered oath before entering
the office.
The term of President office is 5 years from the date
on which he enters upon his office and he is eligible for re-election (Article
56-57).
He may resign before the term of 5 years by giving
resignation to the Vice President.
He can be impeached from his office for the violation
of Constitution (Article 61). But the term violation of Constitution is not
mentioned in the constitution. For President’s impeachment, a resolution signed
by not less than 1/4th of the total members of the house could be initiated in
either house, after 14 days’ prior notice to President in writing.
The Resolution should be passed by a majority of the
house not less than two-third of the total membership of the house in which the
resolution originates.
The other house investigates the charge and the
resolution passed by not less than two-third of the majority of membership of
that house, the President stands removed.
The nominated members of either House of the Parliament can take part in the impeachment process, but the elected members of State Assemblies and UT of Delhi and Puducherry do not take part in the impeachment.
Appointments by President
Prime Minister and Council of Ministers on the advice
of Prime Minister (Article 75).
Attorney General of India (Article 76).
Comptroller and Auditor General (Article 148)
Supreme Court and High Court Judges
Chief Election Commission (Article 324)
Finance Commission (Article 280)
UPSC and JPSC members (Article 316)
Special officer for S.C./S.T.
Official Language Commission (Article 344)
Governor (Article 155)
Special officer for linguistic minorities [(Article
350(B)]
Term of office
of President (Article 56)
Article 56 of the COI states that the president shall hold office for a term
of five years unless:
o
His successor
enters upon his office,
o
President
resigns his office by writing under his hand addressed to the Vice-
President,
o
The President
is removed from his office for violation of the Constitution by impeachment in
the manner provided in article 61.
Oath and Affirmation
(Article 60)
Every President and every person acting as President,
before entering upon his office, take
oath in the presence of the Chief Justice of the India or, in his
absence, the senior-most judge of the Supreme Court.
Powers and
Functions of the President of India
The powers
and functions of the President in India are described in detail in
the following sections.
Executive
Powers of President of India
The executive powers and functions of the President of
India are as follows:
§ All executive actions of the Government of India are
formally taken in his/her name.
§ He/she can make rules specifying the manner in which
the orders and other instruments made and executed in his/her name shall be
authenticated.
§ He/she can make rules for more convenient transactions
of business of the Union government and allocation of the said business among
the ministers.
§ He/she appoints the Prime Minister and the other
ministers. They hold office during his/her pleasure.
§ He/she appoints the Governors of States, the Attorney
General of India, the Comptroller and Auditor General of India, the Chief
Election Commissioner and other Election Commissioners, the Chairman and
Members of the Union Public Service Commission, the Chairman and Members of the
Finance Commission, and so on.
§ He/she can seek any information relating to the
administration of affairs of the Union, and proposals for legislation from the
Prime Minister.
§ He/she can require the Prime Minister to submit, for
consideration of the Council of Ministers, any matter on which a decision has
been taken by a minister but, which has not been considered by the Council.
§ He/she can appoint a commission to investigate the
conditions of backward classes.
§ He/she can appoint an Inter-State Council to promote
Centre-State and Inter-State cooperation.
§ He/she directly administers the Union Territories
through administrators appointed by him/her.
§ He/she can declare any area as a Scheduled area and
has powers with respect to the administration of Scheduled areas and tribal
areas.
Legislative Powers
§
Article 79: The President is part of Parliament along with the Lok
Sabha and Rajya Sabha.
§
Article 85: The President may from time to time Summons, prorogues
the Housed or either house, or dissolves the House of the People.
§
Article 86: The President may address both Houses of Parliament and
can send messages.
§
Article 111: A President shall either give assent to bills,
which then become law, or withholds assent or returns the bill for
reconsideration.
§
Article 123: Promulgates ordinances when Parliament is not in
session, having the same force and effect as laws passed by
Parliament.
Financial Powers of The Indian President:
§ It is essential to obtain the recommendation of the
President on priority to introduce the money bill.
§ It is the President who causes the Union Budget to be
laid before the parliament of the country.
§ It is essential to obtain the recommendation of the
President on priority to make a demand for grants.
§ It is the President who controls the Contingency Fund
of the country.
§ It is the President who constitutes the Finance
Commission after the completion of every five years.
Judicial Powers Of The Indian President:
§ He has the power to appoint Chief Justice and Judges
of the Supreme Court and High Court.
§ As mentioned in Article 72 of the Indian Constitution,
the President has pardoning power against the punishment for an offense against
union law.
Pardoning Power (Article 72)
The President shall have
the power to grant pardons, reprieves, respites or remissions of
punishments or to suspend, remit or commute the sentence given to a person
by the court in the following cases:
§
When the sentence is granted by a Court-martial;
§
When the punishment or sentence is given for offence against violation of
any law relating to matters to which the executive power of the Union
extends;
§
When a death sentence is passed by a court.
The President
of India possesses significant emergency powers under the Constitution,
enabling the proclamation of three types of emergencies: National
Emergency, State Emergency (also known as President's Rule), and Financial
Emergency. These powers are outlined in Articles 352, 356, and 360
respectively.
The President can
declare a National Emergency in
India under Article 352 when the security of India or a part of it
is threatened by:
§ war,
§ external aggression, or
§ armed rebellion.
This proclamation suspends fundamental rights (except
those related to Article 19) and empowers the Parliament to make laws on
subjects in the State List. The executive power of the States is exercised
under the directions of the Central Government. A National Emergency
proclamation must be approved by both houses of Parliament within a specific
timeframe and can remain in force for an indefinite period.
A Proclamation of Emergency can be revoked by the President at any
time by a subsequent proclamation. Such
a proclamation does not require
parliamentary approval.
The National Emergency in India has been declared in
India for three times – 1962 (Indo-China War), 1971 (Indo-Pakistan War), and
1975 (Internal Disturbances).
This is of two types:
If the President receives a report from the
state’s Governor or otherwise is convinced or
satisfied that the state’s situation is such that the state government cannot
carry on the governance according to the provisions of the Constitution.
Article 365: As per this Article, President’s Rule can
be imposed if any state fails to comply with all directions given by the Union
on matters it is empowered to.
In simple words, President’s Rule is when the state government is suspended and the central government directly administers the state through the office of the governor (centrally appointed). It is also called ‘State Emergency’ or ‘Constitutional Emergency’.
Financial Emergency
In India, a Financial Emergency (Article 360) refers to a period when the financial stability or credit of the country or any part of its territory is threatened. Article 360 of the Indian Constitution empowers the President of India to proclaim a Financial Emergency. This power is limited by the need for approval from both Houses of Parliament within two months of the proclamation.
- The President can direct any state to observe financial prudence and may issue other directions deemed necessary and adequate.
- The President can order the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of a State, including those in the Central government.
- The President can direct that any financial bill passed by the State legislature be reserved for their consideration.
- The Union's executive authority extends to giving directions to States on matters of financial propriety.
CONCLUSION
The President of India, as the highest
constitutional authority of the nation, occupies a pivotal position in the
democratic framework of the country. Despite being only a nominal head of the
Executive, the President of India plays a significant role in Indian polity.
Through his diverse functions, he ensures the smooth functioning of and
coordination among the three wings of the Union government.
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