President of India

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President of India
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Ram Nath Kovind official portrait.jpg
Incumbent
Ram Nath Kovind

since 25 July 2017
Style
Status Head of state
Residence Rashtrapati Bhavan
Appointer Electoral College of India
Term length Five years
Renewable
Precursor Governor General of India
Inaugural holder Rajendra Prasad (1950–1962)
Formation The Constitution of India
26 January 1950;69 years ago (1950-01-26)
Deputy Vice President of India
Salary500,000 (US$7,200) (per month) [1]
Website presidentofindia.nic.in

The President of India is the ceremonial head of state of India and the commander-in-chief of the Indian Armed Forces.

Figurehead person who holds de jure an important title or office, yet de facto executes little actual power

In politics, a figurehead is a person who de jure holds an important and often supremely powerful title or office, yet de facto exercises little to no actual power. This usually means that they are head of state, but not head of government. The metaphor derives from the carved figurehead at the prow of a sailing ship.

A head of state is the public persona who officially represents the national unity and legitimacy of a sovereign state. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government. In a parliamentary system the head of state is the de jure leader of the nation, and there is a separate de facto leader, often with the title of prime minister. In contrast, a semi-presidential system has both heads of state and government as the leaders de facto of the nation.

India Country in South Asia

India, also known as the Republic of India, is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the northeast; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand and Indonesia.

Contents

The president is indirectly elected by an electoral college comprising the Parliament of India (both houses) and the legislative assemblies of each of India's states and territories, who themselves are all directly elected.

An indirect election is an election in which voters do not choose between candidates for an office, but elect people who then choose. It is one of the oldest forms of elections, and is still used today for many presidents, cabinets, upper houses, and supranational legislatures. Presidents and prime ministers can be indirectly elected by parliaments or by a special body convened solely for that purpose. The election of the executive government in most parliamentary systems is indirect: elect the parliamentarians, who then elect the government including most prominently the prime minister from among themselves. Upper houses, especially of federal republics, can be indirectly elected by state legislatures or state governments. Similarly, supranational legislatures can be indirectly elected by constituent countries' legislatures or executive governments.

The President is indirectly elected by means of an electoral college consisting of the elected members of the Parliament of India and the Legislative assemblies of the States of India and the Union territories of Delhi and Pondicherry. The number and value of votes are based on the population in 1971 rather than the current population, as a result of the 42nd Amendment, and extended by the 84th Amendment, with the intention to encourage family planning programs in the states by ensuring that states are not penalized for lowering their population growth.

Parliament of India National bicameral legislature of the Republic of India

The Parliament of India is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the President of India and the two houses: the Rajya Sabha and the Lok Sabha. The President in his role as head of legislature has full powers to summon and prorogue either house of Parliament or to dissolve Lok Sabha. The president can exercise these powers only upon the advice of the Prime Minister and his Union Council of Ministers.

Although the Article 53 of the Constitution of India states that the president can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the president are, in practice, exercised by the prime minister (a subordinate authority) with the help of the Council of Ministers. [2] The president is bound by the constitution to act on the advice of the prime minister and cabinet as long as the advice is not violating the constitution.

Constitution of India Supreme law of India

The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country on earth. B. R. Ambedkar, chairman of the drafting committee, is widely considered to be its chief architect.

Prime Minister of India Leader of the executive of the Government of India

The prime minister of India is the leader of the executive of the government of India. The prime minister is also the chief adviser to the president of India and head of the Council of Ministers. They can be a member of any of the two houses of the Parliament of India—the Lok Sabha and the Rajya Sabha —but has to be a member of the political party or coalition, having a majority in the Lok Sabha.

The Union Council of Ministers exercises executive authority in the Republic of India. It consists of senior ministers, called 'cabinet ministers', junior ministers, called 'ministers of state' and, rarely, deputy ministers.

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Origin

Presidential Standard of India (1950-1971) Flag of the President of India (1950-1971).svg
Presidential Standard of India (1950–1971)

India achieved independence from the British on 15 August 1947, initially as a dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general. [3] Still, following this, the Constituent Assembly of India, under the leadership of B.R.Ambedkar, undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, [4] :26 making India a republic. [5] :9 The offices of monarch and governor-general were replaced by the new office of President of India, with Rajendra Prasad as its first incumbent. [5] :1

Independence Day (India) national holiday in India

Independence Day is annually celebrated on 15 August, as a national holiday in India commemorating the nation's independence from the United Kingdom on 15 August 1947, the UK Parliament passed the Indian Independence Act 1947 transferring legislative sovereignty to the Indian Constituent Assembly. India still retained King George VI as head of state until its transition to full republican constitution. India attained independence following the Independence Movement noted for largely non-violent resistance and civil disobedience led by the Indian National Congress (INC). Independence coincided with the partition of India, in which the British India was divided along religious lines into the Dominions of India and Pakistan; the partition was accompanied by violent riots and mass casualties, and the displacement of nearly 15 million people due to religious violence. On 15 August 1947, the first Prime Minister of India, Jawaharlal Nehru raised the Indian national flag above the Lahori Gate of the Red Fort in Delhi. On each subsequent Independence Day, the incumbent Prime Minister customarily raises the flag and gives an address to the nation. The entire event is broadcast by Doordarshan, India's national broadcaster, and usually begins with the shehnai music of Ustad Bismillah Khan.

The Dominions were the semi-independent polities under the British Crown that constituted the British Empire, beginning with Canadian Confederation in 1867. "Dominion status" was a constitutional term of art used to signify an independent Commonwealth realm; they included Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State, and then from the late 1940s also India, Pakistan, and Ceylon. The Balfour Declaration of 1926 recognised the Dominions as "autonomous Communities within the British Empire", and the 1931 Statute of Westminster confirmed their full legislative independence.

Commonwealth of Nations Intergovernmental organisation

The Commonwealth of Nations, normally known as the Commonwealth, and historically the British Commonwealth, is a unique political association of 53 member states, nearly all of them former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations between member states.

The Indian constitution accords with the president, the responsibility and authority to defend and protect the Constitution of India and its rule of law. [6] Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after the President's assent. The president shall not accept any actions of the executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of the constitution (Article 60), who has pre-emptive power for ensuring constitutionality in the actions of the executive or legislature. The role of the judiciary in upholding the Constitution of India is the second line of defence in nullifying any unconstitutional actions of the executive and legislative entities of the Indian Union.

Powers and duties

Under the draft constitution the President occupies the same position as the King under the English Constitution. He is the head of the state but not of the Executive. He represents the Nation but does not rule the Nation. He is the symbol of the Nation. His place in the administration is that of a ceremonial device on a seal by which the nation's decisions are made known.

Bhimrao Ambedkar , chairperson of the drafting committee of the Constituent Assembly of India , [7]

Duty

The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution). [6] The president is the common head of all independent constitutional entities. All his actions, recommendations (Article 3, Article 111, Article 274, etc.) and supervisory powers (Article 74(2), Article 78C, Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used in accordance to uphold the constitution. [8] There is no bar on the actions of the president to contest in the court of law. [9]

The Supreme Court of India's collegium system, which appoints judges to the nation's constitutional courts, has its genesis in, and continued basis resting on, three of its own judgments which are collectively known as the Three Judges Cases.

Legislative powers

Legislative power is constitutionally vested by the Parliament of India of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses (The House of the People and 'The Council of States') of the parliament and prorogues them. He can dissolve the Lok Sabha. [4] :147

The president inaugurates parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The Presidential address on these occasions is generally meant to outline the new policies of the government. [10] :145

All bills passed by the parliament can become laws only after receiving the assent of the president per Article 111. After a bill is presented to him, the president shall declare either that he assents to the Bill, or that he withholds his assent from it. As a third option, he can return a bill to parliament, if it is not a money bill, for reconsideration. President may be of the view that a particular bill passed under the legislative powers of parliament is violating the constitution, he can send back the bill with his recommendation to pass the bill under the constituent powers of parliament following the Article 368 procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold his assent from it. The president can also withhold his assent to a bill when it is initially presented to him (rather than return it to parliament) thereby exercising a pocket veto on the advice of prime minister or council of ministers per Article 74 if it is inconsistent to the constitution. [9] Article 143 gave power to the president to consult the supreme court about the constitutional validity of an issue. The president shall assent to constitutional amendment bills without power to withhold the bills per Article 368 (2).

When either of the two Houses of the Parliament of India is not in session, and if the government feels the need for an immediate procedure, the president can promulgate ordinances which have the same force and effect as an act passed by parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from the date the parliament is convened unless approved by it earlier. [11] Under Article 123, the president as the upholder of the constitution shall be satisfied that immediate action is mandatory as advised by the union cabinet and he is confident that the government commands majority support in the parliament needed for the passing of the ordinance into an act and parliament can be summoned to deliberate on the passing of the ordinance as soon as possible. The promulgated ordinance is treated as an act of parliament when in force and it is the responsibility of the president to withdraw the ordinance as soon as the reasons for promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and President, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action is inevitable when the extant provisions of the law are inadequate. Re-promulgation of an ordinance after failing to get approval within the stipulated time of both houses of parliament is an unconstitutional act by the president. [12] The President should not incorporate any matter in an ordinance which violates the constitution or requires an amendment to the constitution. The president should take moral responsibility when an ordinance elapses automatically or is not approved by the parliament or violates the constitution. [13]

Executive powers

The President of the Indian Union will be generally bound by the advice of his Ministers. [...] He can do nothing contrary to their advice nor can do anything without their advice. The President of the United States can dismiss any Secretary at any time. The President of the Indian Union has no power to do so long as his Ministers command a majority in Parliament

Bhimrao Ambedkar , chairperson of the drafting committee of the Constituent Assembly of India , [7]

Per Article 53, the executive power of the country is vested in the president and is exercised by President either directly or through officers subordinate to him in accordance with the constitution. When parliament thinks fit it may accord additional executive powers to the president per Article 70 which may be further delegated by the president to the governors of states per Article 160. Union cabinet with prime minister as its head, should aid and advice the president in performing his functions. Per Article 74 (2), the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing his duties. President or his subordinate officers is bound by the provisions of the constitution notwithstanding any advice by union cabinet. [14]

Per Article 142, it is the duty of President to enforce the decrees of the supreme court.

Judicial powers

The primary duty of the president is to preserve, protect and defend the constitution and the law of India per Article 60. The president appoints the Chief Justice of India and other judges on the advice of the chief justice. He dismisses the judges if and only if the two Houses of the parliament pass resolutions to that effect by a two-thirds majority of the members present. [15]

The Indian government's chief legal adviser, Attorney General of India ,is appointed by the President of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, he can also ask for the advisory opinion of the supreme court per Article 143. Per Article 88, President can ask the Attorney General to attend the parliamentary proceedings and report to him any unlawful functioning if any. [16]

Appointment powers

The president appoints as 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. [17] :72 The Council of Ministers remains in power at the 'pleasure' of the president.

The president appoints 12 members of the Rajya Sabha from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. President may nominate not more than two members of Anglo Indian community as Lok Sabha members per Article 331

Governors of states are also appointed by the president who shall work at the pleasure of the president. Per Article 156, President is empowered to dismiss a governor who has violated the constitution in his acts.

The president is responsible for making a wide variety of appointments. These include: [17] :72

Financial powers

Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf of the president. [22] :18 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, i.e. the officers from the Indian Foreign Service. [10] :143 The president is the first citizen of the country. [18]

Military powers

The president is the Supreme Commander of the Indian Armed Forces. The president can declare war or conclude peace, [18] on the advice of the Union Council of Ministers headed by the prime minister. All important treaties and contracts are made in the President's name. [23]

Pardoning powers

As mentioned in Article 72 of the Indian constitution, the president is empowered with the powers to grant pardons in the following situations: [18]

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 cases, however, the president exercises his executive powers on the advice of the prime minister and the cabinet. [17] :239 [24]

Emergency powers

The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123. [22] :12

National emergency

A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), [25] and 1975 to 1977 (declared by Indira Gandhi). [see main]

Under Article 352 of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the prime minister. Such a proclamation must be approved by the parliament with an at least two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration. [22] [ page needed ]

In such an emergency, Fundamental Rights of Indian citizens can be suspended. [4] :33 The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended (Article 21). [26] :20.6

The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). [27] Also, all money bills are referred to the president for approval. [21] :88 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. [17] :223

National Emergency has been proclaimed 3 times in India till date. It was declared first in 1962 by President Sarvepalli Radhakrishnan, during the Sino-Indian War. This emergency lasted through the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of the Indo-Pakistani War of 1971. The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President Fakhruddin Ali Ahmed, with Indira Gandhi as prime minister in 1975. In 1977, the second and the third emergencies were together revoked.

State emergency

If the president is not fully 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 can proclaim under Article 356 a state of emergency in the state. [6] Such an emergency must be approved by the parliament within a period of 2 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 [28] (see National emergency for explanation).

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. When a state emergency is imposed under this provision, the state is said to be under "President's rule. [29] :159
  2. By Article 365 If that state is not working according to the direction of the Union government issued per the provisions of the constitution. [30]

This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three 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 organise an election in that state.

The Sarkaria Commission held that presidents have unconstitutionally misused the provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states. [31] During 2005, President's rule was imposed in Bihar state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections.

There is no provision in the constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at the end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president. [32] [33]

Financial emergency

Article 282 accords financial autonomy in spending the financial resources available with the states for public purpose. [6] [34] Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from the Union government. However, Union government can insist for compliance of its loan terms when a state has outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India. [35]

Under article 360 of the constitution, President can proclaim a financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened. [6] However, until now no guidelines defining the situation of financial emergency in the entire country or a state or a union territory or a panchayat or a municipality or a corporation have been framed either by the finance commission or by the central government.

Such an emergency must be approved by the parliament within two months by a simple majority. It has never been declared. [36] :604 A state of financial emergency remains in force indefinitely until revoked by the president. [17] :195

The president can reduce the salaries of all government officials, including judges of the supreme court and high courts, in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. He can direct the state to observe certain principles (economy measures) relating to financial matters. [37]

Selection process

Eligibility

Article 58 of the constitution sets the principal qualifications one must meet to be eligible to the office of the president. A President must be:

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:

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.

A member of parliament or of a State Legislature can seek election to the office of the president but if he is elected as President, he shall be deemed to have vacated his seat in parliament or State Legislature on the date on which he enters upon his office as President [Article 59(1)].

Article 57 provides that a person who holds, or who has held, office as President shall, subject to the other provisions of this constitution, be eligible for re-election to that office.

Under The Presidential and Vice-Presidential Elections Act, 1952, [38] a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for his name to appear on the ballot. [39]

Time of election

Article 56(1) of the constitution provides that the president shall hold office for a term of five years from the date on which he enters upon his office. According to Article 62, an election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office. To meet the contingency of an election to the office of President not being completed in time due to unforeseen circumstances like countermanding of election due to death of a candidate or on account of postponement of the poll for any valid reason, Article 56(1)(c) provides that the president shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Conditions for the presidency

Certain conditions, per Article 59 of the Indian constitution, debar an otherwise eligible citizen from contesting the presidential elections. The conditions are:

Election process

Whenever the office becomes vacant, the new President is chosen by an electoral college consisting of the elected members of both houses of parliament (M.P.s), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (MLAs) of two union territories, i.e., National Capital Territory (NCT) of Delhi and Union Territory of Puducherry. The election process of President is more extensive process than prime minister who is also elected indirectly (not elected by people directly) by the Lok Sabha members only. Whereas President being the constitutional head with duties to protect, defend and preserve the constitution and rule of law in a constitutional democracy with constitutional supremacy, is elected in an extensive manner by the members of Lok Sabha, Rajya Sabha and state legislative assemblies in a secret ballot procedure.

The nomination of a candidate for election to the office of the president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security deposit of 15,000 (US$220) in the Reserve Bank of India. [40] The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.

The election is held in accordance with the system of proportional representation (PR) by means of the single transferable vote (STV) method. The voting takes place by a secret ballot system. The manner of election of President is provided by Article 55 of the constitution. [41]

Each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states. Finally, the number of legislators in state matters; if a state has few legislators, then each legislator has more votes; if a state has many legislators, then each legislator has fewer votes.

The actual calculation for votes cast by a particular state is calculated by dividing the state's population by 1000, which is divided again by the number of legislators from the State voting in the electoral college. This number is the number of votes per legislator in a given state. Every elected member of the parliament enjoys the same number of votes, which may be obtained by dividing the total number of votes assigned to the members of legislative assemblies by the total number of elected representatives of the parliament.

Although Indian presidential elections involve actual voting by MPs and MLAs, they tend to vote for the candidate supported by their respective parties. [42]

Oath or affirmation

The president is required to make and subscribe in the presence of the Chief Justice of India—or in his absence, the senior-most judge of the supreme court—an oath or affirmation that he/she shall protect, preserve and defend the constitution as follows: [43]

I, (name), do swear in the name of God (or solemnly affirm) that I will faithfully execute the office of President (or discharge the functions of the President) of the Republic of India, and will to the best of my ability preserve, protect and defend the Constitution and the law, and that I will devote myself to the service and well-being of the people of the Republic of India.

Article 60, Constitution of India

Emoluments

Presidential pay
Date updatedSalary (per month)
1 February 2018 5 lakh (US$7,200)
Sources: [44]

The President of India used to receive 10,000 (US$100) per month per the Second Schedule of the constitution. This amount was increased to 50,000 (equivalent to 170,000orUS$2,400 in 2018) in 1998. On 11 September 2008, the Government of India increased the salary of the president to 1.5 lakh (equivalent to 3.1 lakhorUS$4,500 in 2018). This amount was further increased to 5 lakh (US$7,200) in the 2018 Union budget of India. However, almost everything that the president does or wants to do is taken care of by an annual 225 million (equivalent to 470 millionorUS$6.8 million in 2018) budget that the Government allots for his or her upkeep. [45] Rashtrapati Bhavan, the president's official residence, is the largest presidential palace in the world. [46] [47] The Rashtrapati Nilayam at Bolarum, Hyderabad and Retreat Building at Chharabra, Shimla are the official Retreat Residences of the President of India. [48] The official state car of the president is a custom-built heavily armoured Mercedes Benz S600 (W221) Pullman Guard.

The former presidents and spouses of deceased Presidents are eligible for pension, furnished accommodation, security, various allowances, etc. [49]

Impeachment

Supreme court shall inquire and decide regarding all doubts and disputes arising out of or in connection with the election of a president per Article 71(1) of the constitution. supreme court can remove the president for the electoral malpractices or upon being not eligible to be Lok Sabha member under the Representation of the People Act, 1951. [50] Subject to Article 71 (3), parliament made applicable rules/procedure to petition the supreme court for resolving the disputes only that arise during the election process of the president but not the doubts that arise from his unconstitutional actions/deeds or changing Indian citizenship during the tenure of president which may violate the requisite election qualifications. [51]

The president may also be removed before the expiry of the term through impeachment for violating the Constitution of India by the Parliament of India. The process may start in either of the two houses of the parliament. The house initiates the process by levelling the charges against the president. The charges are contained in a notice that 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-thirds majority of the total number of 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 oneself through an authorised counsel. If the second house also approves the charges made by special majority again, the president stands impeached and is deemed to have vacated their office from the date when such a resolution stands passed. No president has faced impeachment proceedings so the above provisions have never been used. [52]

Under Article 361 of the constitution, though the president cannot be summoned for questioning except on his voluntary willingness to testify in the court in support of his controversial deeds, the unconstitutional decisions taken by the president would be declared invalid by the courts. The case would be decided by the courts based on the facts furnished by the Union government for the president's role. As clarified by the supreme court in the case Rameshwar Prasad & Ors vs Union Of India & Anr on 24 January 2006; though the president cannot be prosecuted and imprisoned during his term of office, he can be prosecuted after he/she steps down from the post for the guilty committed during the term of presidency as declared earlier by the courts. [53] No president has resigned on impropriety to continue in office for declaring and nullifying his unconstitutional decisions by the courts till now. No criminal case at least on the grounds of disrespecting constitution is lodged till now against former presidents to punish them for their unconstitutional acts; though many decisions taken during the term of a president have been declared by the supreme court as unconstitutional, mala fides , void, ultra vires , etc. [54]

Succession

The Office of the president falls vacant in the following scenarios:

  1. On the expiry of their term.
  2. By reason of death.
  3. By reason of resignation.
  4. Removal by supreme court.
  5. Removal by impeachment.

Article 65 of the Indian constitution says that the Vice-President of India will have to discharge the duties, if the office falls vacant due to any reason other than the expiry of the term. [26] :20.10 The vice-president reverts to their office when a new President is elected and enters office. When the president is unable to act because of absence, illness or any other cause, the vice-president discharges the President's functions until the president resumes the duties.

A vice-president who acts as or discharges the functions of the president has all the powers and immunities of the president and is entitled to the same emoluments as the president. When a vice-president discharges the duties of the president, he/she does not function as the Chairperson of the Rajya Sabha.

The Indian parliament has enacted the law—The President (Discharge of Functions) Act, 1969 [55] 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. [19] :96 For example, in 1969, when President Zakir Husain died in Office, Vice-President V. V. Giri served as the acting President of India. However, later, V.V Giri resigned from both posts (Acting President of India and Vice-President of India) as he became a candidate in the 1969 Presidential election in India. In this event, the then Chief Justice of India, Justice Mohammad Hidayatullah served as the acting President of India until the next President was elected.

President versus chief justice

President versus Chief Justice of India
President Chief Justice of India / judiciary
The duties of President under his oath is to protect, defend and preserve the constitution and the lawSimilar to President to uphold the constitution and the laws (Third Schedule of the constitution) [6]
The oath is taken in the presence of the chief justiceThe oath is taken in the presence of the president
Impeachment by parliament with a majority of not less than a two-thirds of the total membership of each house of the parliament for violation of the constitution as per Article 61.Removal from office by each house of the parliament supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting on the ground of proved misbehaviour or incapacity as per Article 124(4)
President can be removed by the supreme court per Article 71(1) for committing electoral malpractices and upon ceasing to possess the requisite qualifications to be president.President cannot remove judges once appointed by him without impeachment process per Article 124.
An individual heads the autonomous institution of President.Judiciary/supreme court is also an autonomous institution represented by a team of supreme court judges with chief justice as its chief.
President being head of parliament, Executive and supreme commander of armed forces is fully empowered by the constitution to fulfil his judicial responsibility. He can also take the expert advise of the Attorney General and also chief justice in performing his judicial role. It is President's duty to ensure that every state's governance is carried on in accordance with the provisions of the constitution under Articles 355 and 356.Chief justice/supreme court is also empowered by the constitution to repeal the unconstitutional activities of parliament and executive only after a fair trial.
President's prime duty is to prevent unconstitutional decisions of union and state governments and parliament or state assemblies by denying his compulsory assent for making them into applicable laws. He is the foremost defender of the constitution who can pre-empt the unconstitutional activities of executive and legislatures. The other duties of President are just ceremonial as head of the country which are attached to him for being protector, defender and preserver of the constitution. The institution of President becomes redundant if the president is confining to other ceremonial duties only.Can intervene or nullify the unlawful actions of union/state governments and unconstitutional laws enacted by the parliament or a state legislative after presidential assent only.
President has constitutional immunity for his unconstitutional, mala fides activities during their tenure but liable for judicial action/punishment for his unconstitutional activity after the term of presidency. However, per Article 361 (1), President is answerable to a court designated by either house of the parliament with a two-thirds majority for the investigation of a charge against him under article 61.Chief justice/judges of supreme court are also immune from punishment for not delivering correct judgements or for their incompetence and mala fides. However, Judges' verdict can be repealed by a higher level bench of other judges.
President cannot be recalled by the people of India for not fulfilling his constitutional duties in case parliament is not impeaching the president or removed by the supreme court.Chief justice/judges of supreme court also cannot be recalled by the people of India in case parliament is not impeaching the judges.

President versus Prime minister

President of India versus Prime Minister of India
President Prime minister / Union cabinet
The duties of President under his oath is to protect, defend and preserve the constitution and the lawSwears allegiance to the Constitution of India as by law established, swears to uphold the sovereignty and integrity of India and swears to do right to all manner of people without fear or favour, affection or ill-will (Third Schedule of the constitution) [6]
The oath is taken in the presence of the chief justiceThe oath is taken in the presence of the president
Elected in an extensive manner indirectly by the members of Lok Sabha, Rajya Sabha, and state legislative assemblies in a secret ballot conducted by the Election Commission Elected indirectly by the Lok Sabha members and secret ballot is not mandatory.
Impeachment by parliament with majority of not less than two-thirds of the total membership of each house of the parliament for violation of the constitution as per Article 61 Steps down upon losing majority support in Lok Sabha.
President can be removed by the supreme court per Article 71(1) for committing electoral malpractices and upon ceasing to possess the requisite qualifications to be presidentSimilar to prime minister and ministers also.
An individual heads the autonomous institution of PresidentUnion cabinet with Prime minister as its chief is collectively responsible.
President being head of parliament, Executive and supreme commander of armed forces is fully empowered by the constitution to fulfil his judicial responsibility. He can also take the expert advise of the Attorney General and also chief justice in performing his judicial role. It is the President's duty to ensure that every state's governance is carried on in accordance with the provisions of the constitution under Articles 355 and 356Rest of the governance of the union and reporting to the president on all important matters. Being the leader of the majority/ ruling party in the parliament, union cabinet takes lead in lawmaking by the parliament needed for policy finalisation on various aspects, annual budgets finalisation, planning and implementation, etc.
President's prime function is to prevent unconstitutional decisions of union and state governments and parliament or state assemblies by denying his compulsory assent/government orders (GO) for making them into applicable laws. He is the foremost defender of the constitution who can pre-empt the unconstitutional activities of executive and legislatures.Prime minister/Union cabinet shall aid and advise the president who shall, in the exercise of his functions, act in accordance with such advice as long as not unconstitutional. prime minister shall communicate to the president all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation and on President's desire submit related information. No minister shall decide on any matter without the council of ministers/ union cabinet approval per Article 78.
President has constitutional immunity for his unconstitutional, mala fides activities during their tenure but liable for judicial action / punishment for his unconstitutional activity after the term of presidencyThe union cabinet has constitutional immunity from legal proceedings in any court for their mala fide and unconstitutional advice tendered by union ministers to the president per Article 74 (2).
President cannot escape from his constitutional duty by citing constitutional amendment to Article 74 (para 2 of 1) which makes him abide by the Union cabinet's advice after sending for reconsideration. As clarified by the supreme court, the object of Article 74 (2) is only to make the question whether the president had followed the advice of the union cabinet or acted contrary thereto, non-justiciable. Refer page Article 74#Court cases for more clarityThe union cabinet may escape from the punishment or responsibility for implementing unconstitutional laws citing Article 74 (2).
President cannot be recalled by the people of India for not fulfilling his constitutional duties in case parliament is not impeaching the president or removed by the supreme court or resigns on his own on moral groundsPrime minister/ union cabinet cannot be recalled by the people of India till the end of his term in case he is not losing majority support in Lok Shaba or resigns on his own on moral grounds.

Important presidential interventions in the past

The President's role as defender of the constitution and the powers as Head of State, especially in relation to those exercised by the prime minister as leader of the government, have changed over time. In particular, Presidents have made a number of interventions into government and lawmaking, which have established and challenged some conventions concerning Presidential intervention.

Proving majority in the parliament

In 1979, Prime Minister Charan Singh, did not enjoy a parliamentary majority. He responded to this by simply not advising the president to summon parliament. [18] Since then, Presidents have been more diligent in directing incoming Prime Ministers to convene parliament and prove their majority within reasonable deadlines (2 to 3 weeks). In the interim period, the Prime Ministers are generally restrained from making policy decisions.

Proof of Majority to form a Government

Since the 1990s, Parliamentary elections have generally not resulted in a single party or group of parties having a distinct majority, until the 2014 Lok Sabha elections when BJP received a clear majority. In such cases, Presidents have used their discretion and directed Prime Ministerial aspirants to establish their credentials before being invited to form the government. Typically, the aspirants have been asked to produce letters from various party leaders, with the signatures of all the MPs who are pledging support to their candidature. This is in addition to the requirement that a prime minister prove he has the support of the Lok Sabha (by a vote on the floor of the house) within weeks of being sworn into office. [56] [57]

Vetoing of a Bill

Since the Indian constitution does not provide any time limit within which the president is to declare his assent or refusal, the president could exercise a "pocket veto" by not taking any action for an indefinite time. The veto was used in 1986 by President Zail Singh over the Postal Bill. The president did not give assent to the bill, arguing that its scope was too sweeping and would give the government arbitrary powers to intercept postal communications indiscriminately. [52] [58] [59]

Rashtrapati Bhavan communiqués

In the late 1990s, President K. R. Narayanan introduced explaining to the nation (by means of Rashtrapati Bhavan communiqués), the thinking that led to the various decisions he took while exercising his discretionary powers; this has led to openness and transparency in the functioning of the president. [60]

Return of a Bill

The constitution gives the president the power to return a bill unsigned but it circumscribes the power to send it back only once for reconsideration. If the parliament sends back the bill with or without changes, the president is obliged to sign it. In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding the exclusion of certain offices from the scope of 'offices of profit', the holding of which would disqualify a person from being a member of parliament. [61] The combined opposition, the NDA, hailed the move. The UPA chose to send the bill back to the president without any changes and, after 17 days, Kalam gave his assent on 18 August 2006. [62] [63]

Sacking state governors

Arunachal Pradesh governor who was earlier appointed by the ruling party at the centre, has been sacked by the president after the supreme court has quashed his unconstitutional acts. [64]

Living former Presidents

There are two living former Indian presidents:

See also

Related Research Articles

Rajya Sabha Upper house of the Parliament of India

The Rajya Sabha or Council of States is the upper house of the bicameral Parliament of India. It currently has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through Open Ballot while the President can appoint 12 members for their contributions to art, literature, science, and social services. Members sit for staggered terms lasting six years, with elections every year but almost a third of the 233 designates up for election every two years, specifically in even-numbered years. The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha, being the lower house of the Parliament, the Rajya Sabha, which is the upper house of Parliament, is not subjected to dissolution. However, the Rajya Sabha, like the Lok Sabha can be prorogued by the President.

Lok Sabha Lower house of the Parliament of India

The Lok Sabha or House of the People is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan in New Delhi.

Government of India Legislative, executive and judiciary powers of India

The Government of India, often abbreviated as GoI, is the union government created by the constitution of India as the legislative, executive and judicial authority of the union of 29 states and seven union territories of a constitutionally democratic republic. It is located in New Delhi, the capital of India.

Vice President of India Second-highest constitutional office of India

The Vice President of India is the second-highest constitutional office in India after the President. Article 63 of Indian Constitution states that "There shall be a Vice President of India." The Vice President acts as President in the absence of the president due to death, resignation, impeachment, or other situations.

National Assembly of Pakistan Legislative Assembly in Pakistan

The National Assembly is the lower house of the bicameral Majlis-e-Shura, which also comprises the Senate of Pakistan. The National Assembly and the Senate both convene at Parliament House in Islamabad. The National Assembly is a democratically elected body consisting of a total of 336 members, before 25th amendment they used to be 342' who are referred to as Members of the National Assembly (MNAs), of which 272 are directly elected members and 70 reserved seats for women and religious minorities. A political party must secure 137 seats to obtain and preserve a majority.

India is a federation with a parliamentary system governed under the Constitution of India, which defines the power distribution among the central government and the states.

A Member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of the State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in two unicameral legislatures in Union Territories: the Delhi Legislative Assembly and Puducherry Legislative Assembly.

In India, president's rule is the suspension of state government and imposition of direct central government rule in a state. Under Article 356 of the Constitution of India, in the event that a state government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants.

The governors and lieutenant-governors/administrators of the states and union territories of India have similar powers and functions at the state level as that of the President of India at Union level. Governors exist in the states while lieutenant-governors exist in union territories and in the National Capital Territory of Delhi. The governor acts as the nominal head whereas the real power lies with the Chief ministers of the states and his/her councils of ministers.

India is a democracy having a Federal structure of government. Laws are made separately at different levels, by the Union Government/Federal Government for the whole country and by the State Governments for their respective states as well as by local municipal councils at district level. The Legislative procedure in India for the Union Government requires that proposed bills pass through the two legislative houses of the Parliament of India, i.e. the Lok Sabha and the Rajya Sabha. The legislative procedure for states with bicameral legislatures requires that proposed bills be passed, at least in the state's Lower House or the Vidhan Sabha and not mandatory to be passed in the Upper House or the Vidhan Parishad. For states with unicameral legislatures, laws and bills need to be passed only in the state's Vidhan Sabha, for they don't have a Vidhan Parishad.

The 42nd amendment to Constitution of India, officially known as The Constitution Act, 1976, was enacted during the Emergency by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in Indian history. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history, and is sometimes called a "mini-Constitution" or the "Constitution of Indira".

Twenty-fifth Amendment of the Constitution of India Permits eminent domain

The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, curtailed the right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation which would be determined by the Parliament and not the courts. The amendment also exempted any law giving effect to the article 39(b) and (c) of Directive Principles of State Policy from judicial review, even if it violated the Fundamental Rights.

Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.

Representation of the People Act, 1951 act of Parliament of India

The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. It was introduced in Parliament by law minister Dr. B.R. Ambedkar. The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election.

The Andhra Pradesh Reorganisation Act, 2014, popularly known as the Telangana Act is an Act of Indian Parliament that bifurcated the state of Andhra Pradesh into Telangana and the residuary Andhra Pradesh state, due to the Telangana movement. The Act defined the boundaries of the two states, determined how the assets and liabilities were to be divided, and laid out the status of Hyderabad as the permanent capital of new Telangana state and temporary capital of the Andhra Pradesh state.

Twenty-fourth Amendment of the Constitution of India

The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.

Member of parliament, Lok Sabha

A member of parliament in Lok Sabha is the representative of the Indian people in the Lok Sabha; the lower house of the Parliament of India. Members of parliament of Lok Sabha are chosen by direct elections on the basis of the adult suffrage. Parliament of India is bicameral with two houses; Rajya Sabha and the Lok Sabha. The maximum permitted strength of members of parliament in the Lok Sabha is 552. This includes maximum 530 members to represent the constituencies and states, up to 20 members to represent the union territories and not more than two members of the Anglo-Indian community to be nominated by the President of India. The party—or coalition of parties—having a majority in the Lok Sabha chooses the Prime Minister of India.

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