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Category: President of India

  • Power and Functions of the President

    In this article, we will discuss the Power and Functions of the President. So, let’s get started.

    Power and Functions of the President

    The powers enjoyed and the functions performed by the President can be studied under the following heads.

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

    Executive Powers
    The executive powers and functions of the President are:

    (a) All executive actions of the Government of India are formally taken in his name.
    (b) He can make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
    (c) He can make rules for more convenient transaction of business of the Union government, and for allocation of the said business among the ministers.
    (d) He appoints the prime minister and the other ministers. They hold office during his pleasure.
    (e) He appoints the attorney general of India and determines his remuneration. The attorney general holds office during the pleasure of the President.
    (f) He appoints 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 governors of states, the chairman and members of finance commission, and so on.
    (g) He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the prime minister.
    (h) He 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.
    (i) He can appoint a commission to investigate into the conditions of SCs, STs and other backward classes.
    (j) He can appoint an inter-state council to promote Contre-state and inter-state cooperation
    (k) He directly administers the union territories through administrator appointed by him.
    (l) He can declare any area as scheduled area and has powers with respect to the 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.
    (a) He can summon or prorogue the Parliament and dissolve the Lok Sabha.He can also summon a joint sitting of both the Houses of Parliament,which is  presided over by the Speaker of the Lok Sabha
    (b) He can address the Parliament at the commencement of the first session after each general election and the first session of each year.
    (c) He can send messages to the Houses of Parliament, whether with respect to a bill pending in the Parliament or otherwise.
    (d) He can appoint any member of the Lok Sabha to preside over its proceeding when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the
    Chairman and the Deputy Chairman fall vacant.
    (e) He nominates 12 members of the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service.
    (f) He can nominate two members to the Lok Sabha from the Anglo-Indian Community.
    (g) He decides on questions as to disqualifications of members of the Parliament, in consultation with the Election Commission.
    (h) His prior recommendation or permission is needed to introduce certain types of bills in the Parliament. For example, a bill involving expenditure from the Consolidated Fund of India, or a bill for the alteration of boundaries of states or creation of a new state.
    (i) When a bill is sent to the President after it has been passed by the Parliament, he can:
    (i) give his assent to the bill, or
    (ii) withhold his assent to the bill, or
    (iii) return the bill (if it is not a money bill)
    for reconsideration of the Parliament. However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill.
    (j) When a bill passed by a state legislature is reserved by the governor for consideration of the President, the President can:
    (i) give his assent to the bill, or
    (ii) withhold his assent to the bill, or
    (iii) direct the governor to return the bill (if it is not a money bill) for reconsideration of the state legislature. It should be noted here that it is not obligatory for the President to give his assent
    even if the bill is again passed by the state legislature and sent again to him for his consideration.
    (k) He can promulgate ordinances when the Parliament is not in session. These ordinances must be approved by the Parliament within six weeks from its reassembly. He can also withdraw an ordinance at any time.
    (l) He lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament.
    (m) He can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Ladakh. In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved.

    Financial Powers
    The financial powers and functions of the President are:
    (a) Money bills can be introduced in the Parliament only with his prior recommendation.
    (b) He causes to be laid before the Parliament the annual financial statement (ie, the Union Budget).
    (c) No demand for a grant can be made except on his recommendation.
    (d) He can make advances out of the contingency fund of India to meet any unforeseen expenditure.
    (e) He constitutes a finance commission after every five years to recommend the
    distribution of revenues between the Centre and the states.

    Judicial Powers
    The judicial powers and functions of the President are:
    (a) He appoints the Chief Justice and the judges of Supreme Court and high courts.
    (b) He can seek advice from the Supreme Court on any question of law or fact. However, the advice tendered by the Supreme Court is not binding on the President.
    (c) He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence:
    (i) In all cases where the punishment or sentence is by a court martial;
    (ii) In all cases where the punishment or sentence is for an offence against a Union law; and
    (iii) In all cases where the sentence is a sentence of death.

    Diplomatle Power
    The international treaties and agreements are negotiated and concluded on behalf of the President However they are subject to the approval of the Parliament. He represents India in international forums and atlairs and sends and receives diplomats like ambassadors, high commissioners and so on.

    Military Powers
    He is the supreme commander of the defence forces of India. In that capacity, he appoints the chiefs of the Army, the Navy and the Air Force He can declare war or conclude peace, subject to the approval of the Parliament.

    Emergency Powers
    In addition to the normal powers mentioned above, the Constitution confers extraordinary powers on the President to deal with the following three types of emergencies:
    (a) National Emergency (Article 352)
    (b) President’s Rule (Article 356, 365), and
    (c) Financial Emergency (Article 360)

    Veto Power of the President
    A bill passed by the Parliament can become an act only if it receives the assent of the President. When such a bill is presented to the President for his assent, he has three alternatives (under Article m of the Constitution);
    He may give his assent to the bill, or
    He may withhold his assent to the bill, or
    He may return the bill (if it is not a Money bill) for reconsideration of the Parliament. However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, the President must give his assent to the bill.

  • President of India (Part-4)

    In this article, we will discuss President of India (Part-4). So, let’s get started.

    Vacancy in the President’s Office

    • A vacancy in the President’s office can occur in any of the following ways:
    • On the expiry of his tenure of five years.
    • By his resignation.
    • On his removal by the process of impeachment
    • By his/her death
    • Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void.
    • When the vacancy is going to be caused by the expiration of the term of the sitting President, an election to fill the vacancy must be held before the expiration of the term. In case of any delay in conducting the election of new President by any reason, the outgoing President continues to hold office (beyond his term of five years) until his successor assumes charge. This is provided by the Constitution in order to prevent an ‘interregnum’. In this situation, the Vice-President does not get the opportunity to act as President or to discharge the functions of the President. If the office falls vacant by resignation, removal, death or otherwise, then election to fill the vacancy should be held within six months from the date of the occurrence of such a vacancy. The newly-elected President remains in office for a full term of five years from the date he assumes charge of his office.
    • When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise, the Vice-President acts as the President until a new President is elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.
    • In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant, the seniormost judge of the Supreme Court available) acts as the President or discharges the functions of the President.
    • When any person, i.e., Vice-President, chief justice of India, or the seniorbmost judge of the Supreme Court is acting as the President or discharging the functions of the President, he enjoys all the powers and immunities of the President and is entitled to such emoluments, allowances and privileges as are determined by the Parliament.

  • President of India (Part-3)

    In this article, we will discuss President of India (Part-3). So, let’s get started.

    Term Impeachment and Vacancy

    • Term of President’s Office
    • The President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letter to the Vice-President. Further, he can also be removed from the office before completion of his term by the process of impeachment.
    • The President can hold office beyond his term of five years until his successor assumes charge. He is also eligible for re-election to that office. He may be elected for any number of terms. However, in USA, a person cannot be elected to the office of the President more than twice.
    • Impeachment of President
    • The President can be removed from office by a process of impeachment for ‘violation of the Constitution. However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’.
    • The impeachment charges can be initiated by either House of Parliament. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President. After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the Impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed. Thus, an impeachment is a quasi-judicial procedure in the Parliament. In this context, two things should be noted: (a) the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election; (b) the elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his election.
    • No President has so far been impeached.

  • President of India (Part-2)

    In this article, we will discuss President of India (Part-2). So, let’s get started.

    Qualifications Oath and Conditions

    Qualifications for Election as President
    A person to Be eligible for election as President should fulfil the following qualifications:
    He should be a citizen of India.
    He should have completed 35 years of age.
    He should be qualified for election as a member of the Lok Sabha.
    He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.A sitting President or Vice-president of the Union, the Governor of any state and a minister of the Union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate.
    Further, the nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Every candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled. Before 1997, number of proposers and seconders was ten each and the amount of security deposit was ₹2,500. In 1997, they were increased to discourage the non-serious candidates.

    Oath or Affirmation by the President
    Before entering upon 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; and
    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 seniormost judge of the Supreme Court available.
    Any other person acting as President or discharging the functions of the President also
    undertakes the similar oath or aftirmation.

    Conditions of President’s Office
    The Constitution lays down the following conditions of the President’s office:
    He should not be a member ot either House of Parliament or a House of the state legislature. If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
    He should not hold any other office of profit.
    He is entitled, without payment of rent, to the use of his official residence (the Rastrapathi Bhavan).
    He is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
    His emoluments and allowances cannot be diminished during his term of office.
    In 2018, the Parliament increased the salary of the President from ₹1.50 lakh to ₹5 lakh per month”. Earlier in 2008, the pension of the retired President was increased from ₹3 lakh per annum to 50% of his salary per month”. In addition, the former Presidents are entitled to furnished residence, phone facilities, car, medical treatment, travel facility, secretarial staff and
    office expenses upto 1,00,000 per annum. The spouse of a deceased President is also entitled to a family pension at the rate of 50% of pension of a retired President, furnished residence, phone facility, car, medical treatment, travel facility, secretarial staff and office expenses upto ₹20,000 per annum.
    The President is entitled to a number of privileges and immunities, He enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned. However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.

  • President of India

    In this article, we will discuss President of India (Part-1). So, let’s get started.

    President of India (Part-1)

    Articles 52 to 78 in Part V of the Constitution deal with the Union executive. The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers and the attorney general of India
    The President is the head of the Indian State. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation.

    Election of the President
    The President is elected not directly by the people but by members of clectoral college
    consisting of the elected members of both the Houses of Parliament the elected members of the legislative assemblies of the states, and
    the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry’.
    Thus, the nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President, where an assembly is dissolved, the members cease to be qualified to vote in presidential election, even if fresh elections to the dissolved assembly are not  held before the presidential election.

    The Constitution provides that there shall be unitormity in the scale of representation of different states as well as parity between the states as a whole and the Union at the election of the President. To achieve this, the number of votes which each elected member of the legislative assembly of each state and the Parliament is entitled to cast at such election shall be determined in the following manner:

    Every elected member of the legislative assembly of a state shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of the elected members of the assembly.

    Every clected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to members of the legislative assemblies of the states by the total number of the elected members of both the Houses of
    Parliament.

    The President’s election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot. This system ensures that the successful candidate is returned by the absolute majority of votes. A candidate, in order to be declared elected to the office of President, must secure a fixed quota of votes. The quota of votes is determined by dividing the total number of valid votes polled by the number of candidates to be elected (here only one candidate is to be elected as President) plus one and adding one to the quotient.

    Each member of the electoral college is given only one ballot paper. The voter, while casting his vote, is required to indicate his preferences by marking 1, 2, 3, 4, etc. against the names of candidates. This means that the voter can indicate as many preterences as there are candidates in the fray.
    In the first phase, the first preference voteshh are counted. In case a candidate secures the required quota in this phase, he is declared elected. Otherwise, the process of transfer of votes is set in motion. The ballots of the candidate securing the least number of first preference votes are cancelled and his second preference votes are transferred to the first preference votes of other candidates. This process continues till a candidate secures the required quota.

    All doubts and disputes in connection with election of the President are inquired into and decided by the Supreme Court whose decision is final. The election of a person as Presídent cannot be challenged on the ground that the electoral college was incomplete (ie, existence of any vacancy among the members of electoral college). If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force.

    Some members of the Constituent Assembly criticised the system of indirect election for the President as undemocratic and proposed the idea of direct election. However, the Constitution makers chose the indirect election due to the following reasons:

    The Indirect election of the President is in harmony with the parliamentary system of government envisaged in the Constitution. Under this system, the President is only a nominal executive and the real powers are vested in the council of ministers headed by the prime minister. It would have been anomalous to have the Presidente elected directly by the people and not give him any real power.

    The direct election of the President would have been very costly and time and energy-consuming due to the vast size of the electorate. This is unwarranted keeping in view that he is only a symbolic head.

    Some members of the Constituent Assembly suggested that the President should be elected
    by the members of the two Houses of Parliameent alone. The makers of the Constitution did no
    prefer this as the Parliament, dominated by one political party, would have invariably chosen a candidate from that party and such a President could not represent the states of the Indian Union. The present system makes the President a representative of the Union and the states equally.
    Further, it was pointed out in the Constituent Assembly that the expression proportional representation in the case of presidential election is a misnomer. Proportional representation takes place where two or more seats are to be filled. In case of the President, the vacancy is only one. It could better be called a preferential or alternative vote system. Similarly, the expression single transferable vote’ was also objected on the ground that no voter has a single vote, every voter has plural votes.