THE PRESIDENT OF INDIA

Introduction
The President of India is the Constitutional Head of State and the First Citizen of the nation. Representing the
unity and integrity of the country, the President acts as the Supreme Commander of the Defence Forces and
takes an oath to preserve, protect, and defend the Constitution.

Constitutional Provisions
Article 52: The Constitution mandates that there shall be a President of India.

Article 53: The Executive Power of the Union shall be vested in the President. It shall be exercised by him
either directly or through o icers subordinate to him in accordance with the Constitution.
Position: He is the Constitutional head of the State, though real power is exercised by the Council of
Ministers (Cabinet).
Case Law: In Ram Jawaya Kapur v. State of Punjab, and Shamsher Singh v. State of Punjab, the Supreme
Court of India clarified that the President is the 'Constitutional' or 'Formal' head. The real executive power is
exercised by the Council of ministers. The President exercises his powers generally on the advice of the
Ministers.

Article 54 & 55 Election of the President

Article 54 (Electoral College): The President is elected by an electoral college consisting of:
1. Elected members of both Houses of Parliament (MPs).
2. Elected members of the Legislative Assemblies of the States (MLAs).

Article 55 (Manner of Election):

1. The election is held in accordance with the system of Proportional Representation by means of the Single
Transferable Vote.
2. The voting is done by Secret Ballot.
3. There must be uniformity in the scale of representation of di erent States.

Note: The Anti-Defection Law does not apply to Presidential elections; members can vote according to their
conscience.

Article 56: Term of O ice of President

The President holds o ice for a term of 5 years from the date on which he enters upon his o ice.

Article 57: A person who has been President of India is eligible to be re-elected for the same o ice.

Article 58: Qualifications

To be eligible for election as President, a person must fulfill the following criteria:
1. Must be a citizen of India.
2. Must have completed the age of 35 years.
3. Must be qualified for election as a member of the House of the People (Lok Sabha).
4. Must not hold any O ice of Profit under the Government of India, any State Government, or any local
authority.

Case Law: Baburao Patel v. Dr. Zakir Hussain – The Supreme Court held that the office of Governor is not
an “office of profit” for Presidential elections, so Dr. Zakir Hussain’s election was valid.

Case Law: Peter Samuel Wallace v. Union of India – The Court ruled that required qualifications must exist
at the time of scrutiny of nomination papers.
Article 61: Impeachment of President
The President can be removed from o ice for "Violation of the Constitution".
Procedure:
1. The charge can be initiated by either House of Parliament.
2. A proposal is made via a resolution signed by at least 1/4th of the total members of that House.
3. A 14-day notice must be given.
4. The resolution must be passed by a majority of not less than 2/3rd of the total membership of the House.
5. The charge is then investigated by the other House. The President has the right to appear and be represented.
6. If the investigating House also sustains the charge by a 2/3rd majority, the President is removed from o ice.

Powers of President
Article 53: Executive Power & Military Power
1. Executive Power: The Executive Power of the Union is vested in the President.
2. Military Power: The President is the Supreme Commander of the Defence Forces of the Union. The exercise of
this power is regulated by law.

Article 72: Pardoning Power

1. The President can grant pardons, reprieves, respites, or remissions of punishment.
2. Scope: Applies to Court Martial cases, o ences against Union laws, and Death Sentences.
3. Case Law: Maru Ram vs. Union of India – This power is subject to judicial review if exercised arbitrarily.

Article 77: Conduct of Business of the Government

1. All executive actions of the Government of India are expressed to be taken in the name of the President.
2. The President appoints the Prime Minister and other Ministers.

Article 78: Right to be Informed

The President has the right to be informed of all decisions of the Council of Ministers.

Article 85: Legislative Power

1. The President has the power to Summon and Prorogue Parliament and Dissolve the Lok Sabha.
2. The President addresses both Houses at the commencement of the first session after each general election
and the first session of each year.
3. A Bill passed by Parliament becomes an Act only after the President's Assent. The President may withhold
assent or return the bill (if not a Money Bill) for reconsideration.

Article 118(3): Rule Making Power

The President makes rules regarding the procedure for Joint Sittings of the two Houses after consultation with the
Speaker and Chairman.

Article 123: Ordinance Making Power

1. The President can promulgate Ordinances when both Houses of Parliament are not in session.
2. It has the same force as an Act of Parliament but must be laid before Parliament when it reassembles.
3. Case Law: R.C. Cooper vs. Union of India – The President’s satisfaction is subject to judicial review.

Emergency Power
1. Article 352: National Emergency Declared due to war, external aggression, or armed rebellion
2. Article 356: State Emergency (President's Rule) Declared due to failure of constitutional machinery in a State.
3. Article 360: Financial Emergency Declared due to threat to financial stability.

Diplomatic Power - General Executive Power

1. Treaties: The power to make treaties and agreements with other countries belongs to the President (subject to
Parliament's ratification).
2. Representatives: The President appoints Indian diplomats/ambassadors and receives foreign diplomats

Conclusion
In summary, while the President acts as the nominal head, the o ice is a vital pillar of Indian democracy. By
ensuring constitutional balance and providing stability during political transitions, the President serves as the
symbolic head of the nation’s sovereignty and a check on executive power.