The President of India holds the position of the head of state and is often referred to as the foremost citizen of India. The President is a crucial part of the Union Executive, with relevant provisions outlined in Articles 52 to 78 of the Indian Constitution. These articles, including those from Article 52 to 62, detail the President’s election process, powers, functions, and the impeachment procedure.
Who is President of India?
The current President of India serves as the nation’s head of state. Holding the esteemed position of the first citizen of India, the President represents the principles of unity, solidarity, and national integrity. Within the Union Executive, the President works in conjunction with the Vice-President, Prime Minister, Council of Ministers, and the Attorney-General of India.
How is President elected?
The President of India is not directly elected by the general populace; instead, an electoral college is responsible for the election process. This electoral college is composed of elected representatives from various entities, including:
- Members of the Lok Sabha and Rajya Sabha.
- Members of the Legislative Assemblies of the states (with no involvement of Legislative Councils).
- Members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry.
Who does not take part in the President’s elections?
The President of India is elected without the participation of the following groups of individuals:
- Nominated Members of Rajya Sabha (12 in number).
- Nominated Members of State Legislative Assemblies.
- Members of Legislative Councils (both elected and nominated) in bicameral legislatures.
- Nominated Members of Union Territories of Delhi and Puducherry.
The President of India – Articles 52-62
Part V of the Constitution: The Union, Chapter I: The Executive, provides details regarding the qualifications, election process, and impeachment procedures related to the President of India.
The President of India holds the highest position in the Republic of India. Serving as the formal head of the executive, legislative, and judicial branches, the President also acts as the commander-in-chief of the Indian Armed Forces.
Article 53 of the Indian Constitution specifies that the President may exercise their powers directly or through subordinate authorities. However, in practice, nearly all executive authority vested in the President is exercised by the Council of Ministers (COM).
Part V The Union
Article 53: Executive Power of the Union
(1) The executive authority of the Union shall be entrusted to the President, and it shall be exercised by the President directly or through subordinate officers as prescribed by this Constitution.
(2) While not limiting the scope of the previous provision, the highest command of the Union’s Defense Forces shall rest with the President, and its exercise shall be regulated by law.
(3) This article shall not:
(a) Be construed as transferring to the President any functions granted by existing laws to the government of any State or another authority.
(b) Impede Parliament from, through legislation, assigning functions to authorities other than the President.
ARTICLE 54: ELECTION OF PRESIDENT
The President shall be chosen through the votes of an electoral college comprised of:
(a) Elected representatives from both Houses of Parliament.
(b) Elected representatives from the Legislative Assemblies of the States. Note: For the purposes of this article and Article 55, “State” encompasses the National Capital Territory of Delhi and the Union Territory of Pondicherry.
Article 55: Procedure for Presidential Election
(1) To the extent possible, there should be consistency in the representation of different States during the Presidential election.
(2) To achieve this uniformity among the States and balance between the States collectively and the Union, the number of votes allotted to each elected member of Parliament and the Legislative Assembly of each State for the Presidential election shall be determined as follows:
(a) Each elected member of a State’s Legislative Assembly shall have a number of votes equal to the quotient obtained by dividing the State’s population by the total number of elected Assembly members, rounded to the nearest thousand.
(b) If the remainder, after calculating the above quotient, is not less than five hundred, then each member’s vote from clause (a) shall be increased by one.
(c) Each elected member of either House of Parliament shall have a number of votes calculated by dividing the total votes assigned to Legislative Assembly members from clauses (a) and (b) by the total number of elected members in both Houses of Parliament. Fractions greater than half will be considered as one, while other fractions will be disregarded.
(3) The election of the President will follow the proportional representation system using the single transferable vote method, and the voting process for this election will be conducted through a secret ballot.
Explanation: In this article, the term “population” refers to the population data available from the most recent census. Please note that until the figures from the first census conducted after the year 2000 are published, this Explanation will refer to the 1971 census.
Article 56: Duration of the President’s Tenure
(1) The President’s term in office shall last for five years, starting from the date when they assume office:
Provided that –
(a) The President has the option to resign from office by submitting a written resignation to the Vice-President.
(b) The President can be removed from office due to a breach of the Constitution through the impeachment process, as outlined in Article 61.
(c) Even after the conclusion of their five-year term, the President will remain in office until their successor assumes office.
(2) If the President resigns following clause (a) of the proviso in clause (1), the Vice-President shall promptly convey this resignation to the Speaker of the House of the People.
Article 57: Possibility of Re-Election
An individual who currently holds or has previously held the position of President is eligible for re-election to the same office, in accordance with the other stipulations of this Constitution.
Article 58: Requirements for Presidential Candidacy
(1) To be eligible for election as President, an individual must meet the following criteria:
(a) Be a citizen of India.
(b) Have attained the age of thirty-five years.
(c) Be qualified for election as a member of the House of the People.
(2) A person cannot stand for election as President if they hold any position of financial benefit under the Government of India, a State Government, or any local or other authority subject to the control of these governments.
Explanation: It should be noted that holding the positions of President, Vice-President of the Union, Governor of any State, or being a Minister at the Union or State level does not disqualify an individual from being considered as holding an office of financial benefit under this article.
Article 59: Terms and Privileges of the President’s Position
(1) The President cannot simultaneously hold a seat in either House of Parliament or a State Legislature. If a member of either House of Parliament or a State Legislature is elected President, they shall be considered to have vacated their legislative seat on the day they assume the office of President.
(2) The President is prohibited from occupying any other position that provides financial gain.
(3) The President has the right to utilize official residences without paying rent and is also entitled to certain remuneration, allowances, and privileges determined by the Parliament through legislation. Until such legislation is enacted, the President will receive the remuneration, allowances, and privileges specified in the Second Schedule.
(4) The remuneration and allowances of the President cannot be reduced during their term in office.
Article 60: Presidential Oath or Affirmation
Prior to assuming office, every President and any individual serving as President or performing the duties of the President shall take and affirm the following oath or affirmation in the presence of the Chief Justice of India, or in the Chief Justice’s absence, the most senior Judge of the Supreme Court who is available:
“I, A.B., solemnly affirm in the name of God / swear that I will faithfully execute the duties of the President of India (or fulfill the role of the President) and to the best of my abilities, uphold, safeguard, and defend the Constitution and the laws. I pledge myself to the service and well-being of the people of India.”
Article 61: Process for Impeaching the President
(1) If the President is to be impeached for violating the Constitution, the accusation must be initiated by either House of Parliament.
(2) Such an accusation cannot be initiated unless the following conditions are met:
(a) The proposal to bring this accusation must be part of a resolution, and it should be presented after giving at least fourteen days’ prior written notice, signed by not less than one-fourth of the total number of members of the House, indicating their intent to propose the resolution.
(b) The resolution must be approved by a majority of no less than two-thirds of the total membership of the House.
(3) After one House of Parliament brings forth the accusation, the other House will conduct an investigation into the charge or arrange for an investigation. During this investigation, the President has the right to appear and be represented.
(4) If, as a result of the investigation, a resolution is passed by a majority of no less than two-thirds of the total membership of the House that conducted the investigation or arranged for it, affirming that the accusation against the President is valid, this resolution will lead to the removal of the President from office, effective from the date of passing the resolution.
Article 62: Timing of Presidential Elections for Vacancies and Term of Office for Elected Officials
(1) When a vacancy in the office of President arises due to the expiration of the incumbent President’s term, an election to choose a new President must be concluded before the current President’s term ends.
(2) In the event of a vacancy in the office of President resulting from their death, resignation, removal, or any other reason, an election to fill the vacancy must be conducted promptly and, in no circumstance, later than six months from the date when the vacancy occurs. The individual elected to fill the vacancy, subject to the provisions of Article 56, is entitled to hold office for the full term of five years, starting from the day they assume office.
Powers of the President of India
Article 72: Power of the President to Grant Pardons, Reprieves, Respites, or Remissions, and to Suspend, Remit, or Commute Sentences in Specific Cases
(1) The President is vested with the authority to grant pardons, reprieves, respites, or remissions of punishments, or to suspend, remit, or commute the sentences of individuals who have been convicted of various offenses under the following circumstances:
(a) In all cases where the punishment or sentence has been determined by a Court Martial.
(b) In all cases where the punishment or sentence is for an offense that falls under the purview of laws within the domain of the Union’s executive authority.
(c) In all cases where the sentence is a capital punishment, i.e., a death sentence.
(2) It’s important to note that the power specified in sub-clause (a) of clause (1) does not impact the authority granted by law to any officer of the Armed Forces of the Union to suspend, remit, or commute a sentence passed by a Court-martial.
(3) Furthermore, sub-clause (c) of clause (1) does not preclude the power to suspend, remit, or commute a death sentence, which can also be exercised by the Governor of a State under the provisions of any currently enforceable state law.
1. Who is the current President of India?
As of my last knowledge update in September 2021, the President of India was Ram Nath Kovind. Please verify from a current and reliable source for the most up-to-date information.
2. What is the role of the President in India?
The President of India plays a ceremonial and executive role. Some of their key functions include appointing the Prime Minister, giving assent to bills passed by Parliament, representing India in international matters, and exercising certain powers and functions under the Constitution.
3. How is the President of India elected?
The President is elected indirectly by an electoral college, which consists of elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha) and elected members of the Legislative Assemblies of States and Union Territories.
4. What is the term of office for the President of India?
The President serves a term of five years. They can be re-elected for another term.
5. Can the President of India be impeached?
Yes, the President can be impeached by Parliament for violations of the Constitution. The process for impeachment is outlined in Article 61 of the Indian Constitution.