PRESIDENT OF INDIA(By Arun Joshi,Sri-Krishna Institute,9888933043)

Article 79 states that the Union Parliament shall consist of the President and the two Houses - Lok Sabha and Rajya Sabha. Here our Constitution departs from the theory of separation of power (as given by Montesquieu). The President of India is often regarded as the conscience-keeper of the nation by adding a sobering effect to the democratic fervor of our political system. The President of India is neither a real executive like the US President nor only a ceremonial head like the British monarch. Article 53 vests the executive powers of the Union in the President.
That is, all executive decisions of the Union are taken in the name of the President. These executive decisions, which are administrative in nature, are carried out by the different ministries and departments of the Government.
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. Despite Article 53 of the Constitution stating the President can exercise their powers directly, with few exceptions, all of the authority vested in the President is in practice exercised by the Council of Ministers, headed by the Prime Minister.

The President is elected by the elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the state legislatures (Vidhan Sabhas), and serves for a term of five years. Incumbents are permitted to stand for re-election. A formula is used to allocate votes so there is a balance between the population of each state and the number of votes assembly members from a state can cast, and to give an equal balance between State Assembly members and National Parliament members. If no candidate receives a majority of votes there is a system by which losing candidates are eliminated from the contest and votes for them transferred to other candidates, until one gains a majority. The Vice-President is elected by a direct vote of all members (elected and nominated) of the Lok Sabha and Rajya Sabha.
The president of India resides in an estate in New Delhi known as the Rashtrapati Bhavan. The presidential retreat is The Retreat in Chharabra, Shimla and Rashtrapati Nilayam (President's Place) in Hyderabad.

The 12th President of India is Her Excellency Pratibha Devisingh Patil, the first woman to serve in the office, who was sworn in on 25 July 2007
India became formally independent from the United Kingdom on 15 August 1947 .
With the Constitution of India coming into effect on 26 January, 1950, under Article 52 , Part V, the office of the President of India was established, with Dr. Rajendra Prasad as its first occupant.

Powers and Duties

Legislative powers

The President summons both houses of the Parliament and prorogues them. He or she can even dissolve the Lok Sabha. These powers are formal, and by convention, the President uses these powers according to the advice of the Council of Ministers headed by the Prime Minister.
They inaugurate the Parliament by addressing it after the general elections and also at the beginning of the first session each year. Their address on these occasions is generally meant to outline the new policies of the government.
A bill that the Parliament has passed can become a law only after the President gives his/her assent to it. The President can return a bill to the Parliament, if it is not a money bill, for reconsideration. However, if the Parliament sends it back to them for the second time, the President is obliged to assent to it.
When the Parliament is not in session and the government considers it necessary to have a law, then the President can promulgate ordinances. These ordinances are submitted to the Parliament at its next session. They remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.

Article 52 Executive powers

The Constitution vests in the President of India all the executive powers of the Central Government. The President appoints the Prime Minister the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister.
The Council of Ministers remains in power during the 'pleasure' of the President. In practice, however, the Council of Ministers must retain the support of the Lok Sabha. If a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it commands the support of a majority in the Lok Sabha.

The President is responsible for making a wide variety of appointments. These include:
• Governors of States
• The Chief Justice, other judges of the Supreme Court and High Courts of India.
• The Attorney General
• The Comptroller and Auditor General
• The Chief Election Commissioner and other Election Commissioners
• The Chairman and other Members of the Union Public Service Commission
• Ambassadors and High Commissioners to other countries.
The President also receives the credentials of Ambassadors and High Commissioners from other countries.

The President is the de jure Commander in Chief of the Indian Armed Forces.
The President of India can grant a pardon to or reduce the sentence of a convicted person for one time, particularly in cases involving punishment of death.
The decisions involving pardoning and other rights by the president are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most other cases, however, the President exercises his or her executive powers on the advice of the Prime Minister.

Financial powers

Money bills can be introduced in the Parliament only on the prior recommendation of the President. He/she also causes to be laid before the Parliament the annual financial statement which is the Union Budget. Further no demand for grant shall be made except on his recommendation. He/She can also make advances out of the Contingency Fund of India to meet any unforeseen expenditure. Moreover, he\she constitutes the Finance Commission every 5 years to recommend the distribution of taxes between the States and the Centre.

Judicial powers

The president appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. In practice, these judges are actually selected by the Union cabinet. The President dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present.
If they consider a question of law or a matter of public importance has arisen they can ask for the advisory opinion of the Supreme Court. He may or may not accept that opinion.
He/She has the right to grant pardon. He/She can suspend, remit or commute the death sentence of any person..

President Judicial Powers

The President's pardoning power comprises a group of analogous powers:
1. Pardon: It rescinds both the sentence and the conviction and completely absolves the offender from all punishments and disqualifications.
2. Reprieve: It means a stay of execution of sentence pending a proceeding for pardon or commutation.
3. Remission: The power of remission reduces the amount of sentence without changing its character. E.g., a sentence of imprisonment for one year may be remitted for six months.
4. Respite: The power to grant respite means awarding a lesser sentence instead of the prescribed penalty in view of some special facts. E.g., pregnancy of the woman offender.
5. Commutation: It merely substitutes one form of the punishment for another of a lighter character - death by transportation, transportation by rigorous imprisonment, rigorous imprisonment by simple imprisonment, and simple imprisonment by fine and so on.
He/She enjoys the judicial immunity:
• No criminal proceedings can be initiated against him/her during his term in office.
• He/She is not answerable for the exercise of his duties.

Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf of the President. However, in practice, such negotiations are usually carried out by the Prime Minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are subject to the approval of the Parliament. The President represents India in international forums and affairs where such a function is chiefly ceremonial. The President may also send and receive diplomats like Ambassadors and High Commissioners.
Military powers
The President is the supreme commander of the defence forces of India, in this capacity the president can appoint Army, Navy & Air Chiefs. The President can declare war or conclude peace, subject to the approval of parliament only under the decision of the Council of Ministers

Emergency powers

The President can declare three types of emergencies: national, state and financial.

National emergency

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), 1975 to 1977 (declared by Indira Gandhi on account of "internal disturbance").
Under Article 352 of the India Constitution the President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval, up to a maximum of 3 Years.
In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended.
The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of Parliament beyond six months after the end of the declared emergency.

State emergency

State emergency, also known as President's rule, is declared due to breakdown of constitutional machinery in a state.
If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he/she can declare a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of six months.
Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.
During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.
On 19 January 2009, President's rule was imposed on the Indian State of Jharkhand making it the latest state where this kind of emergency has been imposed.
A State Emergency can be imposed via the following:
1. By Article 356:-If that state failed to run constitutionally i.e. constitutional machinery has failed
2. By Article 365:-If that state is not working according to the given direction of the Union Government.
This type of emergency needs the approval of the parliament within 2 months. This type of emergency can last up to a maximum of 3 years via extensions after each 6 month period. However, after one year it can be extended only if
1. A state of National Emergency has been declared in the country or in the particular state.
2. The Election Commission finds it difficult to organize an election in that state.

Financial emergency

If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he/she can proclaim financial emergency as per the Constitutional Article 360. Such an emergency must be approved by the Parliament within two months. It has never been declared. On a previous occasion, the financial stability or credit of India has indeed been threatened, but a financial emergency was avoided through the selling off of India's gold reserves.
A state of financial emergency remains in force indefinitely until revoked by the President.
In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills are passed by the State legislatures are submitted to the President for his approval. They can direct the state to observe certain principles (economy measures) relating to financial matters.

Selection Process

Eligibility

Article 58 of the Constituion sets the principle qualifications one must meet to be eligible to the office of the President. A President must be :
• a citizen of India
• of 35 years of age or above
• qualified to become a member of the Lok Sabha
A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Certain office-holders, however, are permitted to stand as Presidential candidates. These are:
• The current Vice President.
• The Governor of any State.
• A Minister of the Union or of any State.

In the event that the Vice President, a State Governor or a Minister is elected President, they are considered to have vacated their previous office on the date they begin serving as President.

Conditions for Presidency

Certain conditions, as per Article 59 of the Constitution, debar any eligible citizen from contesting the presidential elections. The conditions are :
• 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.

Election of the President

Whenever the office becomes vacant, the new president is chosen by an electoral college consisting of the elected members of both houses of the Parliament and the elected members of the State Legislative Assemblies (Vidhan Sabha).
The election is held in accordance to the system of Proportional Representation by means of Single Transferable Vote method. The Voting takes place by secret ballot system. The manner of election of President is provided by Article 55.
The formula adopted to secure uniformity among the States is as follows:
Value of Vote of an MLA = State Population / (1000' Total no. of elected MLA's)
On the basis of the above formula, the value of the vote of an MLA from UP has the highest value and that from Sikkim the lowest.
The formula adopted to secure uniformity between all the States on one hand and the Parliament on the other is as follows:
Value of Vote of an MP = Total value of votes of MLA's of all States / Total no. of elected MP's (LS + RS)
The 1971 census is currently under consideration.
The election is held through the system of proportional representation by means of the single - transferable vote by secret ballot.
The candidate who gets 50% of votes is considered elected.

Constitutional role

Constitutional role of the Indian Constitution states "There shall be a President of India". Article 53(1) vests in the President the executive powers of the Union which are exercised either directly or through subordinate officers in accordance with the Constitution. Although the Constitution explicitly says that the president is the executive head of the state, real executive power is exercised by the Council of Ministers, headed by the Prime Minister. This is inferred from Article 74 of the Indian Constitution, providing for a "... council of ministers to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice".
On September 11, 2008 the Government of India increased the salary of the President to Rs. 1.5 lakh (US$ 3,200).

Removal of the President (impeachment)

The President may be removed before the expiry of his/her term through impeachment. A President can only be removed for violation of the Constitution.
The process may start in either of the two houses of the Parliament. The house initiates the process by leveling the charges against the President. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration.
A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend himself/herself through an authorized counsel. If the second house also approves the charges made by two-third majority again, the President stands impeached and is deemed to have vacated his/her office from the date when such a resolution stands passed. Other than impeachment, no other penalty can be given to the President for the violation of the Constitution.
No President has faced impeachment proceedings. Hence, the above provisions have never been tested.
Succession
In the event of a vacancy created for the President's post due to death, resignation, removal, etc., Article 65 of the [Indian Constitution] says that the Vice President will have to discharge his duties. The Vice President reverts to his office when a new President is elected and enters upon his office. When the President is unable to act owing to his absence, illness or any other cause, the Vice President discharges the President's functions for a temporary period until the President resumes his duties.
When the Vice President acts as, or discharges the functions of the President, he has all the powers and immunities of the President and is entitled to the same emoluments as the President.
Parliament has by an enactment made provision for the discharge of the functions of the President when vacancies occur in the offices of the President and of the Vice President simultaneously, owing to removal, death, resignation of the incumbent or otherwise. In such an eventuality, the Chief Justice, or in his absence, the senior most Judge of the Supreme Court of India available discharges the functions of the President until a newly elected President enters upon his office or a newly elected Vice President begins to act as President under Article 65 of the Constitution, whichever is the earlier.

Presidents

This list is numbered based on Presidents elected after winning an Indian Presidential election. The terms of Varahagiri Venkata Giri, Muhammad Hidayatullah, and Basappa Danappa Jatti, who have functioned as acting presidents, are therefore not numbered. The President of India does not represent any political party, and the Political party column below indicates the party (if any) that the president was a member of before being elected. The colours used in the table indicate the following:
# Name Took office Left office Notes
1 Dr Rajendra Prasad
26 January 1950 13 May 1962 Prasad was the first President of independent India from Bihar. He was also an independence activist of the Indian Independence Movement. Prasad was the only president to serve for two terms in office.
2 Sarvepalli Radhakrishnan
13 May 1962 13 May 1967

3 Zakir Hussain
13 May 1967 3 May 1969 Hussain was vice chancellor of the Aligarh Muslim University and a recipient of Padma Vibhushan and Bharat Ratna. He died before his term of office was ended.

Varahagiri Venkata Giri *
3 May 1969 20 July 1969 Giri was appointed as acting president following the death of Hussain. He resigned in a few months to take part in the presidential elections.
Muhammad Hidayatullah *
20 July 1969 24 August 1969 Hidayatullah served as the Chief Justice of India, and was a recipient of the Order of the British Empire. He served as acting president until the election of Giri as the President of India.
4 Varahagiri Venkata Giri
24 August 1969 24 August 1974 Giri is the only person to have served as both an acting president and president of India. He was a recipient of the Bharat Ratna,
5 Fakhruddin Ali Ahmed
24 August 1974 11 February 1977 Fakhruddin Ali Ahmed served as a Minister before being elected as president. He died in 1977 before his term of office ended, and was the second Indian president to have died during a term of office.
Basappa Danappa Jatti *
11 February 1977 25 July 1977 Jatti was the vice president of India during Ahmed's term of office, and was sworn in as acting president upon Ahmed's death. He earlier functioned as the Chief Minister for the State of Mysore.

6 Neelam Sanjiva Reddy
25 July 1977 25 July 1982
7 Giani Zail Singh
25 July 1982 25 July 1987 In March 1972, Singh assumed the position of chief Minister of Punjab, and in 1980, he became Union Home Minister.
8 Ramaswamy Venkataraman
25 July 1987 25 July 1992 In 1942, Venkataraman was jailed by the British for his involvement in the India's independence movement. After his release, he was elected to independent India’s Provisional Parliament as a member of the Congress Party in 1950 and eventually joined the central government, where he first served as Minister of Finance and Industry and later as Minister of Defence.
9 Shankar Dayal Sharma
25 July 1992 25 July 1997
10 Kocheril Raman Narayanan
25 July 1997 25 July 2002 Narayanan served as India's ambassador to Thailand, Turkey, China and United States of America.
11 A. P. J. Abdul Kalam
25 July 2002 25 July 2007 Kalam, was a scientist who played a leading role in the development of India's ballistic missile and nuclear weapons programs. Kalam also received the Bharat Ratna.

12 Pratibha Patil
25 July 2007 Incumbent
Patil is the first woman to become the President of India. She was also the first female Governor of Rajasthan.

Some imp. Facts:

His prior recommendation or permission is needed to introduce certain types of Bills in the Parliament. E.g., a Bill for the formation of new States or alteration of boundaries of a State, a Money Bill, etc.
When a Bill is sent to the President after it has been passed by the Parliament, he can:
1. Give his assent to the Bill, or
2. Withhold his assent to the Bill, or
3. Return the Bill (if it is not a Money Bill or a Constitutional Amendment Bill) for reconsideration of the Parliament, although only once.
Art. 74 (1)). The 44th amendment Act, 1978 gave the President a new power to return such an advice for reconsideration of the Council of Ministers.
President has the power to veto with respect to the Bills passed by the Parliament.
He enjoys three types of veto powers:
1. Absolute Veto: Withholding the assent to the Bill.
In the case of a Government Bill, a situation may however be imagined where, after the passage of a Bill and before it is assented to by the President, the ministry resigns and new council of ministers advices the President to use his veto power against the Bill.
2. suspensive Veto: It is exercised when instead of refusing his assent out rightly to a Bill, the President returns the Bill or part of it for the reconsideration and the Parliament makes it obligatory on him to give his assent to it.
In this case, the veto power is merely of suspensive nature.
3. Pocket Veto: Since the Constitution does not provide any time limit within which the President is to declare his assent or refusal, the President could exercise this veto by not taking any action for an indefinite time; but if the ministry has a strong backing in Parliament, it would not be possible for him to do so.
4. Qualified veto: a veto is qualified when it is overridden by special majority of the legislature.
Pocket Veto was used in 1986 by the then President Giani Zail Singh in the Postal Bill.
He can enact laws through ordinance when the Parliament is in recess (Article 123).
These ordinances must be passed by Parliament within 6 weeks of reassembly.
He lays the report of the Comptroller and Auditor General, UPSC, the Finance Commission, and others, before the Parliament.
President Executive Powers
He Appoints PM, ministers, Chief Justice & judges of Supreme Court & High Courts, chairman & members of UPSC, Comptroller and Auditor General, Attorney General, Chief Election Commissioner and other members of Election Commission, Governors, Members of Finance Commission, Ambassadors, etc.
He directly administers the Union Territories through the Lt. Governor, Commissioner or Administrator.

President Legislative Powers

Can summon & prorogue the sessions of the 2 houses & can dissolve Lok Sabha.
As per our Constitution the President is eligible for re-election any number of times. The office of the President may be terminated before the expiry of the five-year term by:

The President submits his resignation in writing addressed to the Vice-President

The President is removed from office by process of impeachment in the manner provided in Article 61

MISCELLANEOUS:

In the history of Presidential elections, V.V. Giri is the only person who won the election of the President as an independent candidate in 1969.
In July 1977, Neelam Sanjeeva Reddy was elected unopposed as no one else filed nomination for the post of the President.
He decides on the questions as to the qualifications of the MPs, in consultation with the Election
Commission.Dr. Rajendra Prasad held the post twice.
Dr. Rajendra Prasad won the election with maximum percentage of difference. votes: V.V. Giri with minimum difference.
Except Dr. Rajendra Prasad, Farooq Ali Ahamed, Sanjeeva Reddy, Jail Singh A.P.J. Abdul Kalam and Pratibha Patil all other Presidents also worked as Vice-President.

Dr.K.R.Narayanan was the only President from S.C.Category
Mohammed Syed Hitayadullah was the only Chief Justice who as acted as President and worked as Vice President.

Ordinance making power of president:

1. President of India has got ordinance making power u/a 123 of the constitution.
2. President can exercise this power when one or both the houses are not in session, otherwise this power is not available.
3. This power can only be exercised on the advice of council of ministers and covers all those provisions which are available with the legislature.
4. The ordinance must be laid before the house when it reassembles and shall automatically cease to have effect at the expiration of six weeks from the date of reassembly of the house.
5. Parliament can disapprove the ordinance earlier.