President of India – Detailed Analysis
1. Constitutional Status
Head of State: Represents India domestically and internationally.
First Citizen: Symbol of the nation’s unity.
Supreme Commander of Armed Forces: Article 53, 78, 123, 352-360.
Executive Powers: Vested by Article 53 but exercised through Council of Ministers, headed by the PM (Article 74).
2. Election of the President
Electoral College Composition:
Elected members of Lok Sabha + Rajya Sabha.
Elected members of State Legislative Assemblies and UTs with assemblies (Delhi, Puducherry).
Nominated MPs and MLAs cannot vote.
Voting System:
Proportional representation using single transferable vote.
Ensures weightage of votes of MPs & MLAs proportional to population of states.
Eligibility:
Citizen of India.
At least 35 years old.
Qualified for Lok Sabha membership.
Must not hold an office of profit (with certain exceptions: sitting President, VP, Governors, Ministers).
Nomination: Requires 50 proposers and 50 seconders from MPs/MLAs.
3. Term and Vacancy
Term: 5 years (Article 56).
Re-election: No restriction on number of terms.
Vacancy Causes:
Expiry of term
Resignation
Death or disqualification
Impeachment
Election declared void
Acting President: In case of vacancy, Vice-President serves as acting President (Article 65).
4. Oath or Affirmation (Article 60)
President swears to:
Faithfully execute the office.
Preserve, protect, and defend the Constitution.
Devote self to service and welfare of the people.
5. Qualifications (Article 58)
Citizen of India.
Minimum age: 35 years.
Eligibility for Lok Sabha membership.
Not holding any office of profit.
6. Powers of the President
A. Executive Powers
All executive actions of the Union are carried in the President’s name.
Appoints:
Prime Minister and Union Ministers
Governors of States
Supreme Court and High Court Judges
Ambassadors and diplomatic representatives
Can grant pardons, reprieves, respites, or remission of punishment (Article 72).B. Legislative Powers
Summons, prorogues, and dissolves Parliament (Article 85).
Gives assent to bills; can withhold or return for reconsideration.
Can address Parliament annually (State of the Nation).
Nominated members to Rajya Sabha (12 members) and Lok Sabha (2 members).C. Financial Powers
Money bills can only be introduced in Lok Sabha; President ensures recommendation of money bills.
President cannot spend money without Parliamentary approval.D. Judicial Powers
Can grant pardons (Article 72):
Death sentence
Imprisonment
Remission or suspension of sentences
Judicial review exists for decisions in extraordinary situations.E. Emergency Powers
National Emergency (Article 352) – due to war, external aggression, or internal disturbance.
State Emergency (President’s Rule) (Article 356) – breakdown of constitutional machinery in a state.
Financial Emergency (Article 360) – threat to financial stability of India.
Emergency proclamation must be approved by Parliament.
7. Role as Ceremonial vs Real Head
De jure (legal) executive: President
De facto (actual) executive: Prime Minister
Acts as symbol of unity during national crises.
Powers are mostly exercised on advice of Council of Ministers (except discretionary powers).
8. Discretionary Powers of the President
Appointment of Prime Minister in case of no clear majority in Lok Sabha.
Dissolution of Lok Sabha in case of constitutional deadlock.
Withholding assent to bills (except money bills).
Referral of bills to Supreme Court for opinion (Article 143).
Use of emergency powers in special situations.
9. Impeachment of the President (Article 61)
Ground: Violation of the Constitution (undefined).
Procedure:
Motion signed by 1/4 members of initiating House.
14-day notice to President; right to defend.
2/3 majority in both Houses required for removal.
Note: No President has been impeached in India.
10. Important Supreme Court Cases
Case Ruling/Significance Rameshwar Prasad vs. Union of India (2006) Presidential elections must follow strict procedure; EC has supervisory role. S.R. Bommai vs. Union of India (1994) President’s power under Article 356 (President’s Rule) subject to judicial review. Keshavananda Bharati Case (1973) President’s role as constitutional guardian reaffirmed; basic structure of Constitution cannot be violated.
11. Significance of the President
Symbol of unity and integrity of India.
Guardian of Constitution – ensures laws are implemented constitutionally.
Checks & balances in parliamentary democracy.
Arbiter during political crises, e.g., hung parliaments.
Acts as a bridge between legislature, executive, and judiciary.
12. Fun Facts
Rashtrapati Bhavan: Official residence; one of the largest presidential residences in the world.
President is immune from judicial process during tenure.
Can issue ordinances when Parliament is not in session (Article 123).
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