The Union Government has three organs – the Executive, the Legislature and the Judiciary.The Union executive consists of the President, the Vice-President, and the Council of Ministers with the Prime Minister as the head to aid and advise the President

The President-

• Article 52 states that there shall  be a President of India.

• The President is considered the Executive head of the country.

• All the  Executive business of the country is carried out in the name of the President

Qualifications to become President-

Articles 58 and 59 of the Constitution of India lay down the qualifications and conditions for the office of the President of India

Article- 58 - Qualifications for election as President

No person shall be eligible for election as President unless he-

• Is a citizen of India.

• Has completed the age of thirty five years.

• Is qualified for election as a member of the House of the People.

A person shall not be eligible for election as President if he holds any office of profit under

• The central government.

• The Government of any State.

• Under any local or other authority Subject to the control of any of the said Governments.

• Also a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice President of the Union or the Governor of any State or is a Minister either for the Union or for any State

Article- 59 :Conditions of Presidents office

• The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President.

• He shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.

• The President shall not hold any other office of profit.

• The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

• The emoluments and allowances of the President shall not be diminished during his term of office.

Official residence, emoluments, and allowances of President

• The President of India is also entitled to certain allowances and privileges, as he is the first citizen of the country.

• The President of India is entitled to rent - free accommodation, allowances , and privileges by law.

He is also entitled to-

• Free medical facilities.

• Free accommodation.

• Free treatment for life.

• The official state car of the President.

The salary of the President

• In 1951, the President of India used to get a salary of Rs. 10,000 and 15000 rupees as an allowance.

• In 2016, the salary was increased to Rs. 5,00,000.

• Rashtrapati Bhavan is the largest residence of any head of state in the world

Election Procedure of The President

The Constitution prescribes an indirect election for The President

The President is elected by an Electoral College consisting of -

• The elected members of both Houses of Parliament i.e. Lok Sabha and Rajya Sabha and of the State Legislative Assemblies (Vidhan Sabhas).

•  The elected members of the legislative assemblies of two Union Territories(Puducherry and Delhi). 

• Nominated members of Parliament and members of State Legislative Councils are not members of the Electoral College.

• The election is held by means of single transferable vote system of proportional representation.

• The voting is done by secret ballot.

• To ensure uniformity among states, the value of the votes of elected members of the state assemblies is calculated on the basis of the total population of the state

The Formula-

1.Value of vote of Legislative Assembly member-

The value of vote of each member of Legislative Assembly of a state is determined by the formula as-

• The total population of the State is divided by the number of elected  members of the State Legislative Assembly, and the quotient is divided by 1000.

2.The value of each vote of a Member of Parliament-

• The value of each vote of a Member of Parliament is determined by adding all the votes of members of the State Legislative Assemblies including the Legislative Assemblies of Union Territory of Delhi and Pondichery divided by total member of elected members Structure of Government of Lok Sabha and Rajya Sabha.

• At both the stages if the remainder is less than 50% of the divides, it is ignored.

• But when the remainder is 50% or more, one vote is added to the quotient.

Single Transferable Vote System-

• The election of the President is held through single transferable vote system of proportional representation.

• Under this system names of all the candidates are listed on the ballot paper and the elector gives them numbers according to his/her preference.

• Every voter may mark on the ballot paper as many preferences as there are candidates.

• Thus the elector shall place the figure 1 opposite the name of the candidate whom he/she chooses for first preference and may mark as many preferences as he/she wishes by putting the figures 2,3,4 and so on against the names of other candidates.

• The ballot becomes invalid if first preference is marked against more than one candidate or if the first preference is not marked at all.

Casting of votes-

• Members of State Legislative Assemblies cast their votes in States Capitals, while Members of Parliament cast their votes in Delhi 

Quota for deciding winner-

• The Quota is determined by totaling the total number of votes polled divided by the number of candidates to be elected plus one. In India since only the President is to be elected, so division is done by 1+1. One (01) is added to the quotient to make it more than 50%.

Counting-

• Counting of votes is done at New Delhi.

• Step -1 : Firstly 1^st preference votes of all the candidates are calculated and if any of them gets more than 50% votes than he/she is declared winner.

• Step- 2 : If in first step no one gets 50 % than the 2nd preference votes of the candidate getting the least number of first preference votes are transferred to other candidates. Thus the candidate getting the least number of votes is eliminated. If after counting, a candidate reaches quota, he/she is declared elected as the President else this process continues

Example-

• Suppose the total number of valid votes is 1000 and there are four candidates A, B, C and D.

• Than Quota for winner will be 1000 divided by 2 I.e. (1+1) =500.

• And 1 will be added to 500= 501

Let us assume that first preference votes cast in favour of all the four candidates are as follows:-

A = 90

B = 200

C = 10

D = 300

Here no candidate reached 501 and C getting least number is eliminated and the 2nd preference votes of the candidate getting the least number of first preference votes are transferred to other candidates and now candidate getting votes more than 501 will be declared as winner else this process continues till one reaches to the quota

Disputes regarding election of The president: Article 71

Article 71 -Deals matters relating to the election of the President and it gives following points-

• All doubts and disputes arising out of or in connection with the election of a president or vice President shall be inquired into and decided by the Supreme court whose decision shall be final.

• If the election of a person as President or Vice President is declared void by the Supreme court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.

• Subject to the provisions of this constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice President.

• The election of a person as President or Vice President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.

Tenure of President-

Article 56 deals with Term or Tenure of President and its says that-

The President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that

• The President may, by writing under his hand addressed to the Vice President, resign his office.

• The President may, for violation of the constitution, be removed from office by impeachment in the manner provided in Article 61.

• The President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office

Impeachment of President-

• It refers to removal of President from his office and it is specifically mentioned in Article 61 of The constitution.

Ground on which The President is removed-

• The President can be impeached on the ground for violation of Constitution

Procedure of Impeachment-

• The procedure of removal of the President is difficult and rigid and has been made so to prevent misuse of this power by the Parliament.

• The process of impeachment can be initiated in either house of parliament and must be passed by not less than two-thirds of the total membership of the House in which it has been moved.

• If the other House investigates the charge and two-thirds majority of that house find him guilty, the President stands impeached from the office from the date of passing of the resolution.

Time For holding election to fill vacancy in the office of President

The procedure for filling vacancy is mentioned in Article 62 and it states that-

• An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

• An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of Article 56 , be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Example-

• When President Fakhruddin Ali Ahmad died in 1977, Vice-President B. D. Jatti officiated and the new President Sanjeeva Reddy was elected within six months.

Note -

• If a President is temporarily unable to discharge his duties, due to illness or otherwise, the Vice-President may discharge the functions of the President without officiating as the President.

• In case the President’s office falls vacant and the Vice-President is not available or VicePresident acting as President dies or resigns in less than six month the Chief Justice of India is required to officiate till the new President is elected.

• This provision was made in 1969 by the Parliament to enable Chief Justice Hidayatullah to officiate when President Zakir Hussain had died, and Vice-President V. V. Giri resigned

Oath by the President: Article 60

• Oath or affirmation by the President Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India.

What if Chief Justice of India is Absent ?

• In his/her absence, the senior most Judge of the Supreme Court available will present at the place of chief justice.

Privileges of the President-

It is mentioned in Article 361

The President shall not be answerable to any court for -

• The exercise and performance of the powers and duties of his office.

• For any act done or purporting to be done by him in the exercise and performance of those powers and duties.

• No criminal proceedings whatsoever shall be instituted or continued against the President of a State, in any court during his term of office.

• No process for the arrest or imprisonment of the President shall issue from any court during his term of office.

Civil Proceedings

A civil proceeding can be constituted against the president during his term of office if- 

• The act is done or alleged to have been done, whether before or entering the office of the President, by him was in his personal capacity.

• Two months prior notice is provided to him/her

Powers of the President-

1.Executive Powers-

• Article 53 says that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution

The President appoints-

• The Chief Justice and other judges of the Supreme Court and High Courts.

• The Attorney General.

• The Comptroller and Auditor General of India.

• The Chiefs of Army, Navy, and Air Force.

• The Chief Election Commissioner and other Election Commissioners.

• The Chairman and Members of Union Public Service Commission (U.P.S.C.).

• The Governors of States and Lt. Governors of Union Territories.

• India’s ambassadors and high commissioners in other countries.

Other Executive functions

• The President is the Supreme Commander of the armed forces.

• The President can declare war and make peace.

• All diplomatic work is conducted in his/her name.

• All international treaties are negotiated and concluded in his/her name.

• All laws enacted by the Union Parliament are enforced by him/her.

• All decisions of the Union Government are communicated to him/her by the Prime Minister.

• The President can also refer a minister’s decision to the Cabinet for its consideration(but can not seek 2^nd reconsideration).

• He/She can remove Council of Ministers, the state Governors, the Attorney General.

2.Legislative Powers-

• The President summons, and prorogues the Houses of Parliament.

• The President has the power to dissolve the Lok Sabha even before the expiry of its term on the recommendation of the Prime Minister.

• The President can call a joint sitting of the two Houses of Parliament in case of a disagreement between Lok Sabha and Rajya Sabha on a non-money bill.

• The President nominates twelve members to Rajya Sabha from amongst persons having special knowledge in the field of literature, science, art and social service.

• The President may also nominate two members of Anglo-Indian community to the Lok Sabha in case that community is not adequately represented in the House.

• The President addresses both Houses of Parliament jointly at the first session after every general election as well as commencement of the first session every year.

• Every bill passed by Parliament is sent to the President for his/her assent.

• The President may promulgate an ordinance when the Parliament is not in session.

• President’s consent is mandatory in cases of money bill originating in Lok Sabha.

3.Financial Powers-

• The President appoints the Finance Commission after every five years.

• President receives reports of the Finance Commission and acts on its report.

• The President also receives the reports of the Comptroller and Auditor-General of India.

• The Contingency Funds of India are at the disposal of the President.

• All money bills are introduced in the Lok Sabha only with the prior approval of the President.

• Annual budget are introduced in the Lok Sabha on the recommendation of the President.

4.Judicial Powers-

• The President appoints Chief Justice and other judges of the Supreme Court and High court.

• President can seek the advice of Supreme Courts on Legal matters, Constitutional matter and Matters of national importance.

• The president enjoys the judicial immunity.

• No criminal proceedings can be initiated against the president during the term in office.

• The President, as head of state, can pardon a criminal or reduce the punishment or suspend, commute or remit the sentence of a criminal convicted by the Supreme Court or High Courts

Pardoning power of President

• It is specifically mentioned in Article 72 of The constitution.

The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence

(a) in all cases where the punishment or sentence is by a court Martial.

(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends.

(c) in all cases where the sentence is a sentence of death.

What is Pardon and Commutation ?

Pardon-

• It refers to removing both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.

Commutation-

• It denotes the substitution of one form of punishment for a lighter form.

• For example-A death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.

What is Remission,Respite and Reprieve?

Remission-

• It implies reducing the period of sentence without changing its character.

• For example- a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.

Respite-

• It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender

Reprieve-

• It implies a stay of the execution of a sentence like death sentence etc. for a temporary period.

• Its purpose is to enable the convict to have time to seek pardon or commutation from the President

Note-

• In Maru Ram Etc. Etc. v. Union of India, Supreme Court held that pardoning power under Article 72 is to be exercised by the President, on the advice of Central Government and not on his own will and that the advice is binding on the head of the Republic

Can The President ask the Cabinet to reconsider their advise ?

• Yes The President ask the Cabinet to reconsider their advise.

• Also If the Council of Ministers decides against any change, the President has no option but to accept it.

5.Emergency Powers-

The President can declare Three Types of Emergency

• National Emergency.

• State Emergency.

• Financial Emergency.

They are covered in detail under topic Emergency

6.Some of the other Major powers of The President-

A.Veto Power-

• The choice of the President over the bill is called his veto power and is derived from article 111 of The constitution.

Types of vetoes-

1.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.

Example-

• In 1954, it was exercised by Dr. Rajendra Prasad as a President and later in 1991, it was used by the then President R Venkataraman.

2.Suspensive Veto -

• The power of the President to return the bill to the Parliament with or without consideration is called suspensive veto.

• 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.

• The President does not possess this veto in the case of money bills. 

• The President can either give his assent to a money bill or withhold his assent to a money bill but cannot return it for the reconsideration of the Parliament

3.Pocket Veto

• The power of the President to not act upon till indefinite time the bill is termed as a pocket veto.

• Constitution does not give any time-limit to President within which he has to act upon the bill.

• Therefore, the President uses his pocket veto where he doesn’t have to act upon the bill.

• In USA, on the other hand, the President has to return the bill for reconsideration within 10 days

Note -

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

• President also have Veto powers over state legislation if some bill is reserved for his/her consideration.

B.Ordinance-making Power of the President

• It is specifically mentioned in Article 123 of The constitution.

• If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require.

An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance.

• Shall be laid before both House of Parliament and shall cease to operate at the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions.

• May be withdrawn at any time by the President Explanation Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates.

Note-

• If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

• The President can also withdraw an ordinance at any time. However, his power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister. 

• An ordinance like any other legislation, can be retrospective, that is, it may come into force from a back date.

• Ordinance can not amend The Constitution.

Position of the President-

• The real executive power under the Constitution vests with the Union Council of Ministers with the Prime Minister as its head.

• If the President tries to act against the wishes of the ministers then there may be some constitutional crisis

The Constitution, 42^nd Amendment Act -

• It has made it obligatory for the President to act only on the advice of the Council of Ministers.

The Constitution, 44^th Amendment Act -

• The President can send back a bill passed by the Parliament for reconsideration only once.

• If the bill is again passed by the Parliament, the President has to give his assent to the bill.

List of india Presidents