The president of India is the executive head of State and First Citizen of India. The executive powers vested in the President are to be exercised on the advice of the council of Ministers responsible to theparliament. The 42nd amendment to the Constitution has made it obligatory on the part of the President to accept the advice of the Council of Ministers.
The president of India indirectly elected through "Electoral College" consisting of Elected members of boththe Houses of Parliament & elected members of the Legisletive Assemblies of the states. According to the 70th Amendment Act, 1992, the expression "States" includes the National Capital Territory of Delhi and the Union Territory of Pondicherry. The total voting strength of the parliament is equal to the total votingstrength of all state asemblies together. The Supreme Court of India inquires all disputes regarding President's election. After electing the president takes OATH in presence of Chief Justice of India, or inabsence of Chief Justice, senior most judge of SC.
In case the office falls vacant due to the death, resignation or removal, the Vice-President acts as President. If he is not available then Chief Justice of the Supreme Court, if not then senior most judge of the Supreme Court shall act as the Persident of India. The election is to be held within 6 month of the vacancy.
In Presidential elections history V. V. Giri is the only person who won the election as an independent candidate in 1969. And Neelam Sanjeeva Reddy was elected unopposed as no one else filed nomination for the post of the President in 1977.
Elegibility to Contest Election for the President
- He/She must be a citizen of India.
- Completed 35 yrs of age
- Eligible to be a member of Lok Sabha
- Must not hold any Govt. Post. except (President, Vice-President, Govornor of any State, Minister of Union or State)
An elected president is elegible to hold his/her office for the 5yrs term. And as per the Article 57 there is no upper limit on the no. of times a person can become President. He/She can give resigation to Vice President before his/her full term.
Impeachment (Article 61)
The President can be impeached only on the ground of violation of Constitution (This impeachment procedure called Quasi-judicial procedure). The impeachment procedure can be initiated in either House of the Parliament. The charge must come in the form of a proposal which must be signed at least one-fourth of the total membership of that house. Before the resolution could be passed, a fourteen days notice must be given to the President. If after the notice, the House passes the resolution by a majority of not less than two-third membership of that House, the matter will be referred to the other House. After the charges are framed by one house, the other House investigates them. At this time President has the right to defend himself either in person or through his lawyer. If after the investigation, the other house passes the resolution by not less than two-third majority of that House, the President stands impeached from his office from the date on which the motion is so passed.
Powers of President
- Appoints PM, ministers, Chief Justice and judges of Supreme Court and High Courts, chairman and members of UPSC, Comptroller and Auditor General, Attorney General, Chief Election Comissioner and other members of Election Commission, Governors, Members of Finance Commission, Ambassadors etc.
- He/ She directly administers the Union Territories through the Lt. Governor, Commissioner or Administrator.
- The President's pardoninf power comprises a group of analogous powers like pardon, reprieve, remission, respite and communication.
- Appoint the Chief Justice and judges of Supreme Court and High Court
- Represents country in international forums.
- Sends ambassadors and receives diplomats.
- International treaties and agreements are concluded on his behalf.
- All money bills can originate in Parliament only on recommendadation of President.
- No demand for a grant can be made except on his recommendation.
- He/She can make advances out of the Contingency Fund of India to meet any unforseen expenditure.
- Appoints Finance Commission (after every 5yrs) that recommends distribution of taxes between Union and State Govts.
- He is the Supreme Commander of the Defense Forces in India.
- Appoints Chiefs of Army, Navy and Air Force.
- Declares wars and concludes peace subject to the approval of the Parliament.
- The President can promulgate 3 types of Emergencies: (i)National Emergency (Article 352), (ii)State Emergency (President Rule Article 356), (iii)Financial Emergency
- Addresses the first session after general elections and at the commencement of the first session of each year.
- Can send messages to both the Houses, whether with respect to a Bill pending in the Parliament or otherwise.
- Can summon and prorogue the sessions of the 2 houses & can dissolve Lok Sabha..
- Can address both the houses jointly or separately.
- He/She can appoint any member of the Lok Sabha to preside over its procedings when both the offices of Speaker and the Deputy Speaker fall vacant simultaneously.
- Nominate 12 members of Rajya Sabha.
- Nominates 2 members of Anglo-Indian community in Lok Sabha if they haven't recieved adequate representation.
- Can enact laws through ordinance when the parliament is in recess (Article 123). These ordinances must be passed by parliament within 6 weeks of reassembly.
- His/Her prior recommendation or permission is needed to introduce certain types of Bills boundaries of a State, a Money Bill etc.
Current and Past President of India