Constitutional Position of the President of India

Head of the Union Executive

• The President of India is the Constitutional Head of the Union Executive.
• All Executive Powers of the Union are formally vested in the President, though they are exercised in accordance with the Aid and Advice of the Council of Ministers.

Election of the President

Method of Election

• The President is Indirectly Elected by an Electoral College through the system of:
  
  • Proportional Representation
  • Single Transferable Vote (STV)
  • Secret Ballot

Electoral College

Members Included

The Electoral College for the Presidential Election consists of:

• • Elected Members of Both Houses of Parliament (Lok Sabha & Rajya Sabha)
  • Elected Members of the Legislative Assemblies of States
  • Elected Members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry

Value of Votes

The value of the vote of an MLA is calculated as:

Vote Value = (Population of the State ÷ Total Number of Elected MLAs) ÷ 1000

Vote Value of an MP

• The value of the vote of each Member of Parliament (MP) is determined by:

Total Vote Value of All Elected MLAs ÷ Total Number of Elected MPs

This ensures Uniformity between the Union and the States in the Presidential Election.

Why Indirect Election?

Constitutional Reasons

The system of Indirect Election has been adopted because:

• • Direct Election by the entire electorate would involve Huge Administrative Expenditure.
  • Since the Real Executive Authority rests with the Council of Ministers, direct election of the President would create an unnecessary impression of an executive mandate.

Qualifications for Election as President

A person is eligible for election as President of India if he/she:

• Is a Citizen of India.
• Has completed 35 Years of Age.
• Is Qualified to be Elected as a Member of the Lok Sabha.
• Does Not Hold Any Office of Profit under:
  
  • Government of India
  • State Government
  • Local Authorities
  • Any other authority controlled by the Government.

Office of Profit Exception

The following offices Do Not Disqualify a person from contesting the Presidential Election:

• • Vice-President of India
  • Governor of a State
  • Union Minister
  • State Minister

Term of Office of President of India

Duration

• The President holds office for a Term of Five Years from the date of entering office.

Resignation

• The President may resign at any time by submitting a Written Resignation addressed to the Vice-President of India.

Impeachment of the President

Ground of Impeachment

Constitutional Basis

• The Only Ground for impeachment is Violation of the Constitution.

Nature of Proceedings

Parliamentary Process

• Impeachment is a Quasi-Judicial Procedure conducted by Parliament.

Initiation of Impeachment

Notice of Motion

• Either House of Parliament may initiate impeachment proceedings.

The following conditions must be satisfied:

• A Written Notice of 14 Days must be given.
• The notice must be Signed by Not Less Than One-Fourth of the Total Membership of the House.

Passing the Resolution

Special Majority

• The impeachment resolution must be passed by Not Less Than Two-Thirds of the Total Membership of the House.

Investigation

Role of the Other House

• The charges framed by one House are Investigated by the Other House.

Right of Defence

• During the investigation, the President has the right:
  
  • To Appear Personally.
  • To be Represented by a Legal Representative.

Removal from Office

Final Resolution

• If the Investigating House also passes the resolution by a Two-Thirds Majority of its Total Membership, the President Stands Removed from Office from the date of passing the resolution.

Membership Restrictions of President of India

Parliament and State Legislature

• The President cannot simultaneously remain a member of:
  
  • Either House of Parliament, or
  • Any State Legislature.
• If a sitting MP or MLA is elected as President, his/her legislative seat is deemed to be Vacated Automatically from the date of assuming office.

Vacancy in the Office of President

Causes of Vacancy

A vacancy in the office of the President may arise due to:

• Completion of the Five-Year Term
• Death
• Resignation
• Removal through Impeachment
• Declaration of Election as Void by a competent authority.

Election to Fill Vacancy

Before Expiry of Term

• An election to elect the Successor must be completed Before the Expiry of the Existing President’s Term.

Casual Vacancy

• If the vacancy arises due to Death, Resignation, Removal, or Invalidation of Election, a Fresh Election must be conducted Within Six Months from the date of occurrence of the vacancy.

Continuity of Office

Outgoing President

• Even after the expiry of the Five-Year Term, the Outgoing President Continues in Office until the Newly Elected President Assumes Charge.

Acting President

Role of the Vice-President

• During a Casual Vacancy in the office of the President, the Vice-President of India acts as the President until a New President is Elected and Assumes Office.

Constitutional Objective

Stability of the Executive

• These constitutional provisions ensure Continuity, Stability, and Uninterrupted Functioning of the Office of the President, thereby maintaining the smooth operation of the Union Executive.

List of Presidents of India

Powers of the President

The President of India exercises various powers under the Constitution. These powers are generally classified into Administrative, Military, and Diplomatic powers.

Administrative Powers

Executive Authority

• The President is the Constitutional Head of the Union Executive.
• All Executive Actions of the Government of India are formally taken in the Name of the President. (Article 77)

Administrative Control

• All Officers of the Union Government function under the Executive Authority of the President.
• The President has the constitutional right to Seek Information regarding the administration and affairs of the Union Government from the Prime Minister. (Articles 78 & 53)

Power of Constitutional Appointment

The President appoints the following Constitutional and Statutory Authorities:

• • Prime Minister of India
  • Union Council of Ministers
  • Attorney General of India
  • Chairman and Members of the Union Public Service Commission (UPSC)
  • Comptroller and Auditor General (CAG) of India
  • Chief Justice of India
  • Judges of the Supreme Court
  • Chief Justices and Judges of the High Courts
  • Governors of States
  • Chief Election Commissioner (CEC)
  • Election Commissioners
  • Members of the Inter-State Council
  • Chief Commissioners / Administrators of Union Territories
  • Chairman and Members of the Finance Commission
  • Members of the Official Language Commission
  • Chairman and Members of the National Commission for Backward Classes (NCBC)
  • Chairman and Members of the National Commission for Minorities (NCM)
  • Indian Ambassadors, High Commissioners, and other Diplomatic Representatives

Power of Removal

• The President also possesses the power to Remove several constitutional authorities in accordance with the Procedure Prescribed by the Constitution or Law.
• Certain high constitutional functionaries can be removed Only Through Special Constitutional Procedures, such as Impeachment or by a Special Parliamentary Process.

Oath and Resignation of Important Constitutional Offices

Military Powers

Supreme Commander of the Armed Forces – Constitutional Position

• The President of India is the Supreme Commander of the Defence Forces.
• The Army, Navy, and Air Force function under the Supreme Command of the President. (Article 53)

Parliamentary Control

• Although the Supreme Command vests in the President, its exercise remains Subject to Parliamentary Control through laws enacted by Parliament.

Defence Administration – Parliamentary Approval

• The President cannot independently undertake actions involving:
  
  • Expenditure from the Consolidated Fund
  • Raising Armed Forces
  • Expansion of Defence Establishments
  • Training and Maintenance of the Armed Forces
• Such matters require Parliamentary Approval under the relevant constitutional provisions.

Diplomatic Powers

International Representation – Head of the Indian State

• The President represents India in International Relations and serves as the formal Head of the Indian State in diplomatic affairs.

Treaty-Making Power – International Agreements

• The President negotiates and concludes Treaties and International Agreements on the Aid and Advice of the Council of Ministers.
• Such agreements become operative Subject to the Constitutional Requirements and, where necessary, Parliamentary Approval.

Appointment of Diplomatic Representatives

• The President appoints:
  
  • Ambassadors
  • High Commissioners
  • Diplomatic Envoys
  • Permanent Representatives to International Organisations

to represent India Abroad.

Reception of Foreign Diplomats

• The President receives the Credentials of:
  
  • Foreign Ambassadors
  • High Commissioners
  • Other accredited Diplomatic Representatives posted to India.

This formal act signifies the Recognition of Diplomatic Status under International Law.

Legislative Powers of the President

Constitutional Position – Head of the Legislature

• The President of India is an Integral Part of Parliament and exercises several important Legislative Powers under the Constitution.

Summoning Parliament – Calling the Sessions

• The President has the power to Summon both the Lok Sabha and the Rajya Sabha to meet in session. (Article 85)

Prorogation of Parliament – Ending a Session

• The President may Prorogue either House or both Houses of Parliament after the completion of a session. (Article 85)

Dissolution of Lok Sabha – Termination of the House

• The President has the power to Dissolve the Lok Sabha, generally on the Aid and Advice of the Council of Ministers. (Article 85)

Joint Sitting of Parliament – Resolving Legislative Deadlock

• In the event of a Deadlock between the Lok Sabha and the Rajya Sabha, the President may summon a Joint Sitting of Both Houses. (Article 108)

Address to Parliament – Special Address

• The President addresses Both Houses of Parliament Assembled Together:
  
  • After every General Election to the Lok Sabha.
  • At the Commencement of the First Session of Every Calendar Year.

Right to Address Parliament

• The President may:
  
  • Address Either House Individually, or
  • Address Both Houses Jointly at any time.
• The President may also Require the Attendance of Members for such an address. (Article 86)

Nomination Powers

Nomination to Rajya Sabha

Nominated Members

• The President nominates 12 Members to the Rajya Sabha from among persons having Special Knowledge or Practical Experience in:
  
  • Literature
  • Science
  • Art
  • Social Service

(Article 80)

Note: The provision for Nomination of Anglo-Indian Members to the Lok Sabha under Article 331 has been Abolished by the 104th Constitutional Amendment Act, 2020.

Prior Recommendation of the President

Certain Bills can be introduced in Parliament only after obtaining the Previous Recommendation of the President.

Bills Requiring Presidential Recommendation

Formation of States

• Bills relating to:
  
  • Formation of New States
  • Alteration of Area
  • Boundary
  • Name of Existing States
    (Articles 3 & 4)

Financial Matters

• Money Bills (Article 117 read with Article 110)
• Bills involving Expenditure from the Consolidated Fund of India (Article 117(3))

Taxation

• Bills affecting Taxation in which the States have an Interest.

Trade and Commerce

• State Bills imposing Restrictions on Freedom of Trade, Commerce and Intercourse. (Article 304)

Assent to Bills

Presidential Options

When a Bill is presented for Presidential Assent, the President may:

Give Assent

• Approve the Bill, after which it becomes an Act of Parliament.

Withhold Assent

• Refuse Assent, thereby preventing the Bill from becoming law.
• This is known as the Absolute Veto.

Return the Bill

• In the case of Ordinary Bills (Not Money Bills or Constitutional Amendment Bills), the President may Return the Bill to Parliament for Reconsideration, with or without recommendations.

Mandatory Assent After Reconsideration

• If Parliament passes the Bill again, With or Without Amendments, the President is Constitutionally Bound to Give Assent. (Article 111)

Veto Powers of the President

Absolute Veto

Meaning

• The President Withholds Assent Permanently, and the Bill lapses.

Suspensive Veto

Meaning

• The President Returns an Ordinary Bill for reconsideration.
• If Parliament passes it again, the President Must Give Assent.

Pocket Veto

Meaning

• The President Neither Gives Assent nor Rejects the Bill, thereby keeping it pending for an Indefinite Period.

The Indian President’s Veto Power is generally regarded as a combination of:

• Absolute Veto
• Suspensive Veto
• Pocket Veto

Powers over State Bills

Bills Reserved by the Governor

Presidential Consideration

• A Governor may reserve certain State Bills for the Consideration of the President. (Article 200)

Options Available

The President may:

• Give Assent
• Withhold Assent
• Return the Bill (if it is not a Money Bill) for reconsideration by the State Legislature.

After Reconsideration

• Even if the State Legislature passes the Bill again, the President is Not Constitutionally Bound to Give Assent. (Article 201)

Ordinance-Making Power

Article 123

Legislative Power During Recess

• When Both Houses of Parliament are Not in Session, and Immediate Legislative Action is necessary, the President may promulgate an Ordinance. (Article 123)

Force of Law

• An Ordinance has the Same Force and Effect as an Act of Parliament.

Parliamentary Approval

• Every Ordinance must be Laid Before Parliament after it reconvenes.
• It ceases to operate Six Weeks after the Reassembly of Parliament, unless approved earlier through an Act.

Nature of the Ordinance Power

Temporary Legislation

• The Ordinance-Making Power is an Emergency Legislative Power, intended to address situations requiring Immediate Legal Action when Parliament is not in session.