The President of India

The President of India

The President of India serves as the head of state of the Republic of India. As the nominal head of the executive, the first citizen of the country, and the supreme commander of the Indian Armed Forces, the president plays a pivotal constitutional role. Currently, Droupadi Murmu is the 15th President of India, having assumed office on 25 July 2022.

Historical Background

India became independent from British rule on 15 August 1947, initially functioning as a dominion under King George VI, represented in India by a Governor-General. To establish a sovereign republic, the Constituent Assembly, led by B. R. Ambedkar, drafted the Constitution of India, which was enacted on 26 November 1949 and came into force on 26 January 1950.

Key Facts

The office was established on 26 January 1950, with Rajendra Prasad as the first president. The current president is Droupadi Murmu, serving since 25 July 2022.

Duties and Responsibilities

The primary duty of the president, as enshrined in Article 60 of the Constitution, is to preserve, protect, and defend the Constitution and the law of India. They are the common head of all constitutional entities and act to ensure that all executive and legislative actions uphold constitutional principles.

Legislative Powers

• Summons, prorogues, and dissolves Parliament (Lok Sabha and Rajya Sabha).
• Addresses Parliament after general elections and at the start of each year to outline government policies.
• Grants assent to bills passed by Parliament. Bills may be assented, withheld, or returned for reconsideration (except money bills).
• Promulgates ordinances under Article 123 when immediate legislative action is needed, with parliamentary approval required within six weeks of reconvening.

Executive Powers

• Exercises executive power vested under Article 53, typically on the advice of the Council of Ministers.
• Appoints the prime minister, other ministers, governors, ambassadors, and top officials such as the Chief Justice of India, CAG, Chief Election Commissioner, and Union Public Service Commission members.
• Ensures all executive actions conform to the Constitution.

Judicial Powers

• Can seek advisory opinions from the Supreme Court under Article 143.
• Appoints judges of the Supreme Court and High Courts on advice of the chief justice.
• Appoints the Attorney General of India, the chief legal advisor of the government.

Financial Powers

• Introduces financial bills in Parliament and lays the Union Budget before it.
• Constitutes the Finance Commission every five years to recommend distribution of resources between the centre and states.
• Takes advances from the Contingency Fund to meet unforeseen expenses.

Diplomatic and Military Powers

• Represents India in international forums and approves treaties and agreements (usually negotiated by the Prime Minister and Cabinet).
• As supreme commander of the Armed Forces, can declare war or conclude peace on the advice of the Union Council of Ministers.

Pardoning Powers

Can grant pardons, reprieves, respites, or remissions of punishments under Article 72, including the death sentence, independent of parliamentary or prime ministerial opinion.

Emergency Powers

The president can declare three types of emergencies:

• National Emergency (Article 352) – Declared for war, external aggression, or armed rebellion. Fundamental rights can be suspended (except Article 21 on life and liberty).
• State Emergency (Article 356) – Imposed if a state government cannot function per constitutional provisions, also known as President’s Rule.
• Financial Emergency (Article 360) – Proclaimed when financial stability or credit of India or any state is threatened.

Eligibility and Election

To be elected president, a candidate must:

• Be a citizen of India.
• Be 35 years of age or older.
• Be qualified to be a member of the Lok Sabha.
• Not hold any office of profit under the Union or State governments, though certain offices like Vice President, Governor, and Union/State Ministers are eligible.

Re-election and Nomination

• A person who holds or has held the office of president is eligible for re-election (Article 57).
• Under the Presidential and Vice-Presidential Elections Act, 1952, a candidate must have 50 electors as proposers and 50 as seconders to appear on the ballot.
• A security deposit is required to contest the election.

Term of Office

• The president serves for a term of five years from the date of assuming office (Article 56(1)).
• Elections to fill a vacancy due to expiration, death, resignation, or removal must be held as soon as possible, but no later than six months from the date of vacancy (Article 62).
• If unforeseen circumstances delay the election, the incumbent president continues in office until the successor assumes charge (Article 56(1)(c)).

Impeachment of the President of India

The President of India holds the highest constitutional office and is generally immune from prosecution during their term. However, provisions exist to challenge, remove, or hold the president accountable for electoral malpractices or violations of the Constitution.

Election Disputes

• Article 71(1) of the Constitution empowers the Supreme Court to decide disputes arising during the election of a president.
• The president can be removed by the Supreme Court for:
  • Electoral malpractices.
  • Being ineligible to be a member of the Lok Sabha under the Representation of the People Act, 1951.
• Rules for filing election disputes are governed by Parliament and apply only to issues arising during the election, not for unconstitutional acts during the president’s tenure or changes in citizenship.

Impeachment Procedure

The President may be removed from office for violation of the Constitution through impeachment by Parliament:

Initiation

• Either house of Parliament can initiate impeachment by levying charges against the president.
• The notice must be signed by at least one-quarter of the total members of the house.
• The notice is sent to the president, and after 14 days, it is taken up for consideration.

Approval by the Originating House

• The originating house must pass the impeachment resolution by a two-thirds majority of its total members.

Investigation by the Other House

• The other house investigates the charges.
• The president has the right to defend themselves through an authorised counsel.
• If the second house also approves the charges by a two-thirds majority, the president is deemed impeached and vacates office from the date of passing the resolution.

Legal Immunity and Accountability

• Article 361 provides that the president cannot be summoned, arrested, or prosecuted during their term without voluntary consent.
• Any unconstitutional acts taken by the president can be declared invalid by the courts.
• Once the president leaves office, they can be prosecuted for any unlawful actions committed during their tenure.
• Several presidential decisions have been declared ultra vires, void, or unconstitutional by the Supreme Court, but no criminal prosecution has been initiated against any former president for such acts.

Succession of the President of India

The office of the President of India may fall vacant due to:

• Expiry of the term.
• Death of the incumbent.
• Removal by impeachment.

Role of the Vice President

• Article 65 of the Constitution states that the Vice President of India discharges the functions of the president if the office falls vacant for any reason other than the expiry of the term.
• The vice president reverts to their original office when a newly elected president assumes office.
• During periods of absence, illness, or incapacity, the vice president acts as president until the president resumes duties.
• While performing presidential functions, the vice president:
  • Exercises all powers and immunities of the president.
  • Receives the same emoluments as the president.
  • Does not function as the Chairperson of the Rajya Sabha during this period.

Simultaneous Vacancies in President and Vice President

• The President (Discharge of Functions) Act, 1969 provides a mechanism if both offices are vacant simultaneously due to death, resignation, or removal.
• In such cases, the Chief Justice of India (or in their absence, the senior-most judge of the Supreme Court) discharges the functions of the president until either:
  • A new president is elected, or
  • A newly elected vice president assumes the role of acting president (whichever occurs first).

List of Presidents of India

The President of India is the ceremonial head of state and the first citizen of the country. Since the office was established on 26 January 1950, India has had a series of distinguished presidents, each serving a term of five years (unless interrupted by resignation, death, or impeachment).