The President of India stands as the eminent figurehead of the nation, embodying unity, solidarity, and the constitutional framework. As the head of the state, the President occupies a pivotal position within the Indian political landscape, symbolizing both the nation's identity and its values. This article delves into the multifaceted role of the President, exploring their election process, powers, functions, and responsibilities.
The role of the President of India is outlined under the Union Executive, primarily encapsulated in Article 52 to Article 62. These constitutional provisions delineate the President's authority, duties, and interactions with various branches of government.
Qualifications and Term of Office
Citizenship: The candidate must be a citizen of India.
Age: The candidate must be at least 35 years of age.
Eligibility for Membership of Lok Sabha: The candidate must be eligible to be elected as a member of the Lok Sabha, the lower house of India's Parliament. This implies that the candidate must meet the qualifications for membership set out in Article 84 of the Constitution, which includes being a citizen of India and being at least 25 years old.
Not Holding Office of Profit: The candidate should not hold any office of profit under the Government of India or the government of any state or under any local or other authority, except for certain specified offices like the President, Vice-President, Governor of a state, or a minister in the Union or state government.
Term of Office: The President's term is five years, and they can be re-elected without a cap on the number of re-elections.
Election Process
Nominations: Any citizen of India who meets the eligibility criteria can be nominated as a candidate for the presidential election. To stand as a candidate, a person needs to be proposed by at least 50 electors and seconded by another 50 electors. These electors must be members of the Electoral College, which includes elected members of both houses of Parliament (Lok Sabha and Rajya Sabha) and the elected members of the Legislative Assemblies of the States and Union Territories.
Value of Votes: The value of votes in the Indian presidential election is a nuanced and balanced process, considering both Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). While each MP's vote carries a uniform value, an MLA's vote value varies across states. Calculated using the state's population divided by the number of elected MLAs and further divided by 1000, this intricate approach ensures proportional representation. The total value of MPs' votes results from the aggregation of all MLAs' vote values across states, divided by the total elected MPs, establishing a fair and democratic method that respects regional diversity. The population data for this calculation is based on the 1971 Census, with plans to update it after the post-2026 census figures are published.
Secret Ballot: The election follows the principles of Proportional Representation, utilizing the single transferable vote system, and the voting during the election is carried out through a secret ballot, meaning the voters (both MPs and MLAs) cast their votes in a confidential manner.
Winning Majority: The candidate who secures a majority of the total valid votes cast becomes the President. This majority is calculated based on the total value of votes. If no candidate gets an absolute majority in the first round of counting, a process of elimination and redistribution of votes takes place until a candidate achieves the required majority.
Oath of Office: Once elected, the President takes the oath of office and secrecy before the Chief Justice of India or another judge of the Supreme Court.
Dispute over election: Any question regarding the election of a President or Vice-President shall be determined by the Supreme Court.
Powers and Functions of the President
Executive Powers
The executive power of the Union is vested in the President. The President can exercise this executive power directly or through officers who are subordinate to the President.
The President has the authority to make rules that facilitate the smooth transaction of government business.
The President has the power to appoint the Prime Minister of India and other ministers who are part of the Union government.
The President has the authority to appoint and remove various constitutional officers and members of the Union Government. These officers include the Chief Justice of India, judges of the Supreme Court, the Attorney General, and other important officials.
Legislative Powers
The President has the authority to summon and prorogue (discontinue) sessions of the Parliament.
The President has the power to dissolve the Lok Sabha, the lower house of Parliament. This action leads to the end of the current term of the Lok Sabha, resulting in the need for new elections.
The president has the authority to convene a joint session of both Houses of Parliament in order to address a deadlock.
For any bill passed by both Houses of Parliament to become law, it requires the President's assent. The President's approval is a crucial step in the legislative process, and without it, a bill cannot become law.
Bills related to recognizing a new state or altering state boundaries can only be introduced in either House of Parliament after receiving the President's recommendation.
State bills that aim to impose restrictions on freedom of trade and commerce within the state also require the President's recommendation.
The President has the authority to nominate 12 members to the Rajya Sabha, the upper house of Parliament.
Military Powers
The President holds the position of the Supreme Commander of the Defense Forces of the Country.
The President exclusively possesses the authority to declare both war and peace.
The President has the power to appoint the Chief of the Army, Chief of the Navy, and Chief of the Air Force.
The military powers of the President are subject to regulation and control by the Parliament.
Financial Powers
The President plays a role in financial matters by giving prior recommendation for the introduction of a Money Bill.
The President presents the Union Budget before the Parliament, outlining the government's financial plans and allocations.
The President of India holds control over the Contingency Fund, which is used for unforeseen and urgent expenses.
The President has the authority to establish the Finance Commission every five years, which is responsible for addressing financial matters and allocations.
Emergency Powers
The President has the authority to declare an emergency in India, either across the entire territory, in any State, or a specific part of India. Three types of emergencies can be declared:
National Emergency (Article 352): During war, external aggression, or armed rebellion.
State Emergency (Article 356): In case of constitutional machinery failure in a State.
Financial Emergency (Article 360): When there's a threat to India's financial stability.
The President can suspend the right to move to courts for enforcing fundamental rights (except Articles 20 and 21) during an emergency.
The President can issue directions to any State regarding the exercise of its executive powers.
The President has the authority to extend the normal life of the Lok Sabha (lower house of Parliament) by up to 1 year each time, with a limit of six months beyond the end of the emergency proclamation.
The President can reduce the salaries of various officials, including State officials, Judges of the Supreme Court, and High Courts.
During a State emergency, the President can assume the powers vested in the Governor of the State.
Diplomatic Powers
The President oversees diplomatic matters as the head of the State.
The President has the authority to send and welcome Ambassadors and other diplomatic representatives.
All international treaties and agreements are negotiated and concluded in the name of the President.
The President serves as India's representative in international forums and affairs.
Ordinance Powers
The President is empowered to issue ordinances under Article 123 of the Indian Constitution to address unforeseen or urgent matters.
When one or both Houses of Parliament are not in session and the President believes that immediate action is necessary, the President can issue an ordinance.
An ordinance issued by the President holds the same legal force as an Act of Parliament.
The President retains the authority to withdraw an ordinance at any time.
Ordinances need to be presented before both Houses of Parliament. Parliament is required to approve the ordinance within six weeks from the commencement of the session.
Pardoning Power
Article 72 of the Indian Constitution bestows the President with the authority to exercise pardoning powers.
Under this power, the President can take actions such as pardoning, reprieving, respite, commuting, or remitting the sentence of an individual who has been convicted of an offense.
The President's pardoning power extends to cases: - Convicted by a Court Martial. - Involving laws within the jurisdiction of the Union's executive power. - Resulting in a death sentence.
Veto Powers
Article 111 of the Indian Constitution outlines the President's veto power, which involves the President's role in the legislative process.
When a bill is presented to the Parliament, it is also submitted to the President for approval.
The President has three options regarding the bill: - Reject: The President can refuse to approve the bill. - Return: The President can send the bill back to the Parliament for reconsideration. - Withhold Assent: The President can choose not to give his formal approval (assent).
Impeachment Process
The impeachment process for the President of India is enshrined in Article 61 of the Constitution. This crucial procedure ensures that if a President is found to have violated the Constitution, the appropriate steps are taken to address the matter. The process is structured as follows:
Charge Presentation: When a President is to be impeached for violating the Constitution, the charge is presented by either the Lok Sabha or the Rajya Sabha, the two houses of the Indian Parliament.
Preconditions for Charge Presentation: The proposal to prefer the charge must be part of a resolution. The resolution must be moved after a notice of at least fourteen days in writing. The notice must be signed by not less than one-fourth of the total number of members of the house. The resolution must be passed by a majority of not less than two-thirds of the total membership of the house.
Investigation of the Charge: The house that did not present the charge is responsible for investigating it. During this investigation, the President is granted the right to appear and be represented.
Passing the Resolution: After the investigation, if a resolution is passed by the investigating house. The resolution must be supported by a majority of not less than two-thirds of the total membership of the investigating house. If the resolution affirms the charge against the President. The President is removed from office, with the resolution's effect starting from the date it is passed by the investigating house.
Role in National Unity and Governance
The President's role transcends constitutional duties, symbolizing national unity, integrity, and the democratic spirit. This office is pivotal in connecting citizens with governance, promoting ethical conduct, and upholding democratic values. While executive powers remain largely symbolic, the President acts as a moral compass and a unifying presence.
Conclusion
In the mosaic of India's governance, the President is a central figure weaving together symbolic representation and constitutional responsibilities. This article has peeled back the layers to uncover the intricate electoral process, the diverse powers held, and the enduring significance of the President of India. This position, rooted in democratic ideals, embodies the nation's soul, uniting the diverse fabric of India under a single, respected leadership.
Source: COI | CEO | WritingLaw
Note for UPSC Aspirants: For UPSC aspirants interested in exploring further, here are some keywords to guide your research: Electoral Process in India, Union Executive, Governor, Emergency Provisions, Democracy, Constitutional Bodies.
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