President

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

electoral college consisting of:
1. the elected members of both the Houses of Parliament;
2. the elected members of the legislative assemblies of the states;
3. the elected members of the legislative assemblies of the Union
Territories of Delhi and Puducherry .

Qualifications for Election as President

A person to be eligible for election as President should fulfil the following
qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok
Sabha.
4. 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.

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:
1. to faithfully execute the office;
2. to preserve, protect and defend the Constitution and the law;
and
3. 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 senior most judge of the Supreme Court
available.

Conditions of President’s Office

The Constitution lays down the following conditions of the President’s

office:
1. He should not be a member of 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.
2. He should not hold any other office of profit.
3. He is entitled, without payment of rent, to the use of his official
residence (the Rastrapathi Bhavan).
4. He is entitled to such emoluments, allowances and privileges as
may be determined by Parliament.
5. 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.

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.
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 terms6. However, in the 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 an 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.

Vacancy in the President’s Office

A vacancy in the President’s office can occur in any of the following ways:
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal by the process of impeachment.
4. By his death.

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 VicePresident 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.

POWERS AND FUNCTIONS OF THE PRESIDENT

The powers enjoyed and the functions performed by the President can be
studied under the following heads.
1. Executive powers 2. Legislative powers 3. Financial powers
4. Judicialpowers
5. Diplomatic powers
6. Military powers
7. Emergency powers

Executive Powers
(a)All executive actions of the Government of India are formally taken in
his name.
(b)He appoints the prime minister and the other ministers. They hold
office during his pleasure.
(c) He appoints the attorney general of India and determines his
remuneration. The attorney general holds office during the pleasure
of the President.
(d)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.

Legislative Powers
 (a) He can summon or prorogue the Parliament and dissolve
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 nominates 12 members of the Rajya Sabha from
amongst persons having special knowledge or practical
experience in literature, science, art and social service.
(d) He decides on questions as to disqualifications of
members of the Parliament, in consultation with the Election
Commission.

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)No demand for a grant can be made except on his
Recommendation.
(c) He can make advances out of the contingency fund of India to
meet any unforeseen expenditure.
(d) 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 SupremeCourt
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.

Diplomatic Powers
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 affairs 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.

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)

PARDONING POWER OF THE PRESIDENT

Article 72 of the Constitution empowers the President to grant
pardons to persons who have been tried and convicted of any
offence.
ORDINANCE-MAKING POWER OF THE PRESIDENT
Article 123 of the Constitution empowers the President to
promulgate ordinances during the recess of Parliament. These
ordinances have the same force and effect as an act of
Parliament, but are in the nature of temporary laws.

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 111 of the Constitution):
1. He may give his assent to the bill, or
2. He may withhold his assent to the bill, or
3. 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.

Absolute Veto

It refers to the power of the President to withhold his assent to a

bill passed by the Parliament. The bill then ends and does not
become an act. Usually, this veto is exercised in the following two
cases:
(a) With respect to ​private members​’ bills (ie, bills introduced by
any member of Parliament who is not a minister);
(b) With respect to the ​government bills​ when the cabinet
resigns (after the passage of the bills but before the assent by the
President) and the new cabinet advises the President not to give
his assent to such bills

Suspensive Veto

The President exercises this veto when he returns a 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, it is obligatory for the President to give
his assent to the bill.

Pocket Veto
In this case, the President neither ratifies or rejects nor returns the
bill, but simply keeps the bill pending for an indefinite period. This
power of the President not to take any action (either positive or
negative) on the bill is known as the pocket veto.

It should be noted here that the President has no veto power in

respect of a constitutional amendment bill. The 24th Constitutional
Amendment Act of 1971 made it obligatory for the President to
give his assent to a constitutional amendment bill.