The President of India

Sunday, August 2, 2020

President is the head of the Indian state. He is the first citizen of India. Government of India's all functions are executed under the name of the President. He also exercises Executive, Judicial, Military, Financial, Diplomatic and Emergency powers. 

Eligibility and Conditions

A person to be eligible for the post of President, he should posses:-
  1. He should be a citizen of India. 
  2. He  should have completed 35 years of age. 
  3. He should be qualified for electing as a Member of the Loksabha.
  4. He should not hold any office of profit under Union/state Government or any local authority or any other public authority. 
Note:- The sitting President, Vice President, the Governor and a Minister of the Union and State government is not deemed to hold any Office of Profit. But in the case of Delhi and Puducherry they deemed as holding Office of Profit (ministers).
The nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders and he has to make a security deposit of Rs. 15,000 in RBI. The condition lays down, the following conditions of the president's office:-
  1. He should not be Member of Parliament or the State legislature. If any such person is elected as President. He is deemed to have vacated his seat in that house on the date on which he enters upon his office as the President.  
  2. He should not hold any other office of profit.  
  3. He is entitled, without payment of rent, to the use of his official residence (The Rashtrapati Bhavan).  
  4. He is entitled to such emoluments allowances and privileges as may be determined by Parliament and these can't be reduced during his term of office. (Also Read: Veto Powers of the President of India)

Election of The President

The president is elected by members of electoral college consisting of:-
  1. The elected members of both the Houses of the Parliament but not nominated members.
  2. The elected members of the legislative assemblies of the States and the Union Territories of Delhi and Pudduchery. But Members of Legislative Councils (both elected and nominated) do not take part in the election of president. 
  • Value of the vote of an MLA = Total population of state/Total no. of elected members in the state Legislative Assemblies.
  • Value of the vote of an MP = Total number of votes of all MLAs of all state /Total number of elected members of the Parliament 
  • The voter, while casting his vote is required to indicate his preferences by marking 1,2,3,4, ..................n.
  • To win the election of the President, a candidate must achieve the Electoral Quota, as given below:- 

Term and Impeachment


The president hold his office for five years and it can be extended till his successor assumes charge. He is also eligible for re-election to that office for unlimited times.


The President can be removed from office by a process of impeachment "Violation of the Constitution". The impeachment charges can be initiated by either house of the Parliament. These charges should be signed by 1/4th members of the concerned House. A 14-day notice should be given to the president before presenting it into the House of the Parliament.

The impeachment resolution must be passed by a majority of 2/3rd of the total Membership of that house. Then it is sent to the other house, which should investigate the charges. The president has right to appear and to be represented at such investigation. If the other house also passes the resolution by 2/3rd Majority(of the total membership of that house) than president stands removed.

  1. The nominated members of the Parliament can participate in impeachment of the president while they do not participate in the election of the president.
  2. The elected members of the state assemblies do not take part in the impeachment of the President while they participate in the election of the president.

Powers of The President

Executive Powers

  • All executive actions of the Government of India are formally taken in his Name. 
  • He appoints the Prime Minister, other ministers of Union Government and Attorney General fo India and they hold their offices during his pleasure. 
  • He appoints the CAG; the Chief Election Commissioner and , the other Election Commissioners; chairman and members of UPSC; Governors of the state the chairman and members of the Finance Commission and so on.
  • He can appoint SCs and STs and Backward Classes Commission to investigate into the their conditions.
  • He can establish an Inter-State Council to promote centre-state and inter-state co-operation.
  • He directly administers the UTs through administers appointed. 
  • He can declare any area as Scheduled Area and has powers with respect to the administration of Scheduled Area and Tribal Areas. 

Legislative Powers

  • He can summon or prorogue the Parliament and dissolve the Loksabha. He can also summon a joint sitting of both the houses of the Parliament, which is presided over by the Speaker of the Lok Sabha. 
  • He can appoint any member of the Lok Sabha to preside over it's proceedings when the offices of the Speaker and Deputy Speaker fall vacant. He can also appoints any members from Rajya Sabha to preside it's proceeding in similar manner as above.
  • He can nominate two Anglo-Indians to Loksabha and 12 members (having knowledge of literature, science, art and social service) to Rajya Sabha.
  • He decides on questions as to disqualifications of Members of Parliament or any Member of State Legislature in consultation with Election commission. 
  • His prior permission is needed to introduce certain type of bills in the Parliament. For example, a bill involving expenditure from the consolidated fund of India or a bill for the alteration of boundaries of states or creation of a new state. When a bill is sent to the president after it has been passed by the parliament, he can:- (i) Give assent to the bill, (ii) Withhold his assent to the bill or (iii) Return the bill (if it is not a money bill) for reconsideration of the Parliament. 
  • However, if the bill is passed again by the Parliament with or without amendments, the President has to give his assent to the bill. 
  • When a bill passed by a state legislature is reserved by the governor for consideration of the President. The President can:- (I). Give his assent to the bill, (II). Withhold his assent to the bill, (III). Direct the governor to return the bill (if it is not a money bill) for reconsideration of the state Legislature.
Note:- It should be noted that it is not obligatory for the President to five assent even if the bill is again passed by the state legislature and sent again to him for his consideration.
  • He can promulgate ordinances when the Parliament is not is session. These ordinances must be approved by the Parliament within six weeks from its reassembly. He can also withdraw an ordinance at any time.
  • He can make regulations for the progress and good government of the Andaman Nicobar, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. In the case of Puducherry also., the president can legislature by making regulations by only when the assembly is suspended or dissolved.
  • He lays the reports of CAG, UPSC, Finance commission and others before the Parliament. 

Financial Powers

  • Money Bill can be introduced in the Parliament only with his prior recommendation. 
  • He causes to be laid before the Parliament the Annual Financial Statement (Union Budget). 
  • No demand for a grant can be made except on his recommendation.
  • He can make advances out of the contingency found of India to meet any unforseen expenditure.
  • He constitutes a Finance Commission after every Fiver Years to recommend the distribution of revenue between the Centre and the States.(Article 280)

Judicial Powers

  • He appoints the Chief Justices and the judges of the Supreme Court and High Courts.
  • He can seek advice from the Supreme Court on any question of law or fact(Article 143). However the advice of the Supreme Court is not binding on the President. 
  • He can grant Pardon, Reprieve, Respite and Remission of punishment, or Suspend, Remit or Commute the sentence of any person convicted of any offence; (I). In all cases where the punishment or sentence is by a court martial; (II). In all cases where the punishment or sentence is for an offence against a Union Law; and (III). In all cases where the sentence is a sentence of death.

Diplomatic Powers

  • The international treaties and agreements are negotiated and concluded on behalf of the President However they are subject to the approval of the Parliament.
  • He receives diplomats like Ambassadors, High Commissioners, and so on.

Military Powers

  • He is the Supreme Commander of the Defense Forces of India in that capacity he appoints the chiefs of Army, Navy and Air force.
  • He can declare war or peace subjects to the approval of the Parliament.

Emergency Powers

  1. National Emergency (Art 352) 
  2. President's rule in any state can be enforced by him.(Article 356).
  3. Financial Emergency (Article 360).