PRESIDENT OF INDIA ARTICLE 52-62

Table of Contents

INTRODUCTION

The President of the Republic of India is the head of the Indian state and commander in chief of all the Indian Armed Forces. The President of India is indirectly elected by the directly elected members of both the Rajya Sabha and Lok Sabha, and the legislative assemblies of the states and union territories of India. The President of India has been granted the responsibility and authority to protect the Constitution

As we refer to the Indian Constitution according to Article 52, the president is the head of state and the Parliament. Moreover, according to Article 52 the President is also described as the first citizen of India.

How is President elected?

There is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of:

Lok Sabha and Rajya sabha
Legislative Assemblies of the states
Legislative Assemblies of the Union Territories of Delhi and Puducherry

What is the term of the President’s office?

Once President is elected, he holds office for five years. He sits in office even after the completion of five years given no new election has taken place or no new President has been elected till then. He can also be re-elected and there is no cap on his re-election.

What are the qualifications of the President?

A candidate has to meet some qualifications to be elected as president. The qualifications of the President are:

He should be an Indian Citizen
His age should be a minimum of 35 years
He should qualify for the conditions to be elected as a member of the Lok Sabha
He should not hold any office of profit under the central government, state government, or any public authority

What are the conditions of the President’s office?

There are a few conditions for the candidate running for the President’s elections:

He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office
He should not hold any office of profit
For his residence, Rashtrapati Bhavan is provided to him without the payment of rent
Parliament decides his emoluments, allowances, and privileges
Parliament cannot diminish his emoluments and allowances during his term of office
He is given immunity from any criminal proceedings, even in respect of his personal acts
Arrest or imprisonment of the President cannot take place. Only civil proceedings can be initiated for his personal acts that too after giving two months of prior notice.

What are the powers and functions of the President of India?

The President of India has been granted the responsibility and authority to protect the Constitution.

Executive Powers of the President
Legislative Powers of the President
Financial Powers of the President
Judicial Powers of the President
Diplomatic Powers of the President
Military Powers of the President
Emergency Powers of the President

Executive Powers of the President

The President has the power and responsibility to appoint the Prime Minister of India.
The President of India appoints the Chief Justice.
The President is the appointing authority for the states and also has the power to dismiss a governor who has violated the constitution in their acts.
Other than the posts mentioned above, the President has the power to appoint on a number of posts including, Ambassadors to other countries like, IAS, IPS, IFS, Attorney General, etcetera.

Legislative Powers of the President

The President has the power to dissolve the Lok Sabha.
A bill that has been passed by both the houses of the parliament can become a law only if it receives the president. (subject to limitations)
The President of India has the power to nominate 12 members to the Rajya Sabha who have made extraordinary accomplishments in the fields of science, art, literature and social service.
The President has the power to send a bill back to the parliament unless it is a money bill or constitutional amendment bill.

Financial Powers of the President

To introduce the money bill his prior recommendation is a must
He causes Union Budget to be laid before the Parliament
To make a demand for grants, his recommendation is a pre-requisite
The contingency Fund of India is under his control
He constitutes the Finance Commission every five years

Judicial Powers of the President

Appointment of Chief Justice and Supreme Court/High Court Judges are on him
He takes advice from the Supreme Court, however, the advice is not binding on him
Under article 72, he has been conferred with the power to grant pardon against punishment for an offense against union law, punishment by a martial court, or death sentence.

Diplomatic Powers of the President

International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name
He is the representative of India in international forums and affairs

Military Powers of the President

He is the commander of the defense forces of India. He appoints:

Chief of the Army
Chief of the Navy
Chief of the Air Force

Emergency Powers of the President

He deals with three types of emergencies given in the Indian Constitution:

National Emergency (Article 352)
President’s Rule (Articles 356 & 365)
Financial Emergency (Article 360)

What is the Ordinance Making Power of the President?

Article 123 deals with the ordinance-making power of the President. The President has many legislative powers and this power is one of them. He promulgates an ordinance on the recommendation of the union cabinet.