The President

Introduction

The President is the head of state as well as the official executive of the country. Every executive activity performed at the centre is explicitly stated to be done in his name. In accordance with Article 53(1) of the Constitution, which provides that the executive power shall be vested in the President and shall be exercised either personally or via officials subordinate to him, he has been given this authority.

The President of India is the country’s head of state and the country’s first citizen, as well as the Supreme Commander of the Indian military. Although the President has significant authority in principle, in practice he has little influence. In fact, the President’s responsibilities are equal to those of a constitutional monarch, and indeed, upon India’s independence, the President’s office succeeded the office of the British monarch (represented by the Governor-General).

ELECTION OF THE PRESIDENT

Article 52 of the constitution establishes the presidency. The president is not directly chosen by the people, but via an indirect election process.

Eligibility: Article 58 of the Constitution establishes the fundamental conditions for election to the post of President. 

• A President must be an Indian citizen
• Aged 35 years or more
• Qualified to serve in the Lok Sabha

A person is unable to run for Presidential election if he currently occupies any office of profit while employed by the Government of India or the Government of any State, or while employed by any municipal or other government authority that is under the control of one of the aforementioned Governments.

Certain officeholders, on the other hand, are entitled to run for President.

These include the following:

• Currently serving as Vice-President
• Any State’s Governor
• A Minister of the Union or a State (Including the Prime Minister, Ministers and Deputy Prime Ministers)

If the Vice-President, a State Governor, or a Minister is elected President, they are deemed to have relinquished their prior post on the day they assume the presidency.

According to the 1952 Presidential and Vice-Presidential Elections Act, a candidate for president must get the support of 50 electors as proposers and 50 electors as seconders in order for his name to appear on the ballot.

Election process:

When the office of President becomes vacant, a new President is chosen by an electoral college comprised of elected members of both houses of Parliament (M.P.s), elected members of all State Legislative Assemblies (Vidhan Sabha), and elected members of two Union Territories’ legislative assemblies (M.L.A.s) (National Capital Territory (NCT) of Delhi and Union Territory of Puducherry).

Oath or affirmation 

In the presence of the Chief Justice of India (or, in his absence, the senior-most Judge of the Supreme Court), the President is expected to take an oath or affirmation that he/she would maintain, preserve, and defend the Constitution, which he/she must sign.

Impeachment

The President of India may be removed from office before the end of his or her term if he or she is found to have violated the Indian Constitution. Starting the procedure in any of the two chambers of Parliament is permissible.

TERM OF OFFICE OF PRESIDENT

The President is elected for a five-year term.

ARTICLE 62: DATE AND TERM OF ELECTION TO FILL VACANCY IN PRESIDENTIAL OFFICE

A vacancy created by the end of the President’s term must be filled before the term expires.  The person elected to fill a vacancy in the office of President shall, be subject to the provisions of article 56, be entitled to hold office for the full term of five years from the day on which he enters upon his office.

Powers of Indian President

The powers of the Indian President may be divided into eight major categories, as follows: They are as follows:

1. Legislative
2. The authority to make appointments or to act as an executive
3.  Powers of the judiciary
4. Possibilities in terms of finances
5. The ability to negotiate on a diplomatic level
6. Powers in the military
7. Powers of Pardoning
8. Powers in an emergency

Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

(1) 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 persons 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.

(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court-martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

Conclusion

The President of India is the country’s head of state and supreme commander of its armed forces. The President has enormous authority in principle. A constitutional monarchy is a constitutional monarchy, and the President’s function superseded the British monarch (represented by the Governor-General) following India’s independence.