Chapter 11 : President of India
Introduction –Â
- The President of India is the nominal head of the executives in India and is the first Citizen of the country. As per Article 53 of the Indian Constitution, the country’s executive power is vested in the President and is exercised by the president either directly or through officers subordinate to him by the Constitution. Droupadi Murmu is the New President of India, and she will serve as the 15th President of the Republic of India.
Who is the Current president of India?
- The current president of India is Droupadi Murmu. She was elected on 21 July 2022 and sworn in on 25 July 2022. She is the 15th president of India and the first woman from a tribal community to hold the office.
- Murmu was born in a Santhal family in a remote village in the Mayurbhanj district of Odisha.
- Before becoming president, Murmu served as the governor of Jharkhand from 2015 to 2021. She is a member of the Bharatiya Janata Party (BJP).
History of President of India
- The office of President of India was created when India became a republic on 26 January 1950.
- The constitution vests the executive power of the union in the president. He exercises it either directly or through officers subordinate to him. However, the president is bound by the advice of the Council of Ministers, headed by the Prime Minister.
- The Constituent Assembly of India debated the role of the president extensively.
- Some members, such as B. R. Ambedkar, argued that the president should be a constitutional head of state with limited powers.
- Others, such as Jawaharlal Nehru, argued that the president should have more power to reflect the importance of the office.
- The constitution ultimately adopted a compromise position, with the president being a constitutional head of state but with some important powers.
- The president is elected by an electoral college consisting of:
- the elected members of the Parliament of India and
- the elected members of the Legislative Assemblies of the states and union territories.
- The president serves a term of five years and can be re-elected once.
- The first president of India was Rajendra Prasad, who served from 1950 to 1962.
Office Of The President Of India (Article 52-53)
President of India (Article 52)
- The President is the first citizen of India. The President of India is the Head of the State, symbolizing the nation.
- According to the order of precedence of the Republic of India, which lists down the functionaries, officials, and dignitaries according to their office and rank in the Indian Government, the President is the highest authority in the country. However, it is not explicitly mentioned in the Constitution of India.
Executive Power Of The Union (Article 53)
- The executive power of the Union is vested in the President of India, and he shall exercise it either directly or through his subordinate officers.
- The President of India is the Supreme Commander of the defence forces of India.
- He is the head of Central Government Executives. Let’s discuss in detail the qualification, tenure, election, impeachment, and much more related to the Office of the President of India.
Election Of The President Of India (Article 324 and Article 54-55)
- Article 324 of the Indian Constitution, the Presidential election in India is conducted by the Election Commission of India, a constitutional body established to ensure free and fair elections. The candidature of the Presidential election should secure a fixed quota of votes, which is determined by using the following formula,
- The quota of votes = Total number of valid votes polled Number of candidates to be elected (here 1) + 1+1.
Election Of President (Article 54)
- Article 54 of the Indian Constitution deals with the electoral college of the President of India. According to this article, the President is not elected directly by the people. Rather, he is elected by the electoral college, which consists of the following members,
- The elected members of both Houses of Parliament.
- The elected members of all the State Legislative Assemblies.
- The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry. This provision was added by the 70th Constitutional Amendment Act of 1992.
Description of the Presidents Election (Article 55)
Article 55 deals with the manner of election of the President of India, and the provisions under this article are as follows,
- There should be uniformity in the scale of representation of different states and parity between the states and the Union. For this purpose, the number of votes to be cast by the electoral college (elected members of Parliament and State Legislative Assemblies) is determined in the following way,
- value of the vote of an MLA =Total population of State Total numbers of elected members in the State Legislative Assembly×11000
- value of the vote of an MP =Total value of votes of all MLAs of all states Total numbers of elected members of Parliament
- In the Presidential election, the Proportional Representation System using a single transferable vote and secret ballot should be employed.
Tenure Of President’s Office (Article 56-57)
Tenure of Presidents Office (Article 56)
It explains the tenure of President of India. It states the following provisions,
- The President can hold office for up to 5 years from entering the office.
- They can resign from office by giving a handwritten resignation letter to the Vice President of India, and the Vice President should communicate this to the Speaker of Lok Sabha.
- They may be impeached from the office of the President under article 61 in case of violation of the Constitution.
- The President can continue to hold office even after the expiration of the tenure until the successor enters the office.
Eligibility for Re-Election (Article 57)
- According to this article, the person currently holding or who had the office of President is eligible for re-election. Unlike the USA, the person can be re-elected any number of times as the President of India.
Qualification To Become President (Article 58)
Article 58 of the Indian Constitution deals with the qualifications required for election as President, and they are as follows,
- He/She should be a Citizen of India.
- He/She should be above 35 years of age.
- He/She should be qualified for election as a member of the House of the People, i.e., Lok Sabha.
- He/She should not hold any office of profit under the Union, State Government, or local or public authority.
Note: In India, the natural born clause condition (i.e., citizen by birth and descent) is not included under the qualification for the presidential election as in the U.S. Constitution.
Conditions Of the President’s Office (Article 59)
Article 59 of the Constitution lists the conditions of the President’s office. They are as follows,
- The President should not be a member of either the House of Parliament or the House of any State Legislature. If such a member is elected as the President, he is deemed to vacate his seat in the House on the date of entering upon the office of President.
- The President should not hold any office of profit.
- He/She is entitled to stay in the official residence without any payment of rent.
- He is also entitled to receive payments, allowances, and privileges as the Parliament determines by law. These emoluments and allowances must be maintained during his tenure.
Oath Taken By The President Of India (Article 60)
Article 60 of the Constitution deals with the oath or affirmation the President of India should make before entering his office. In the oath, the President affirms to do the following,
- To faithfully execute the office of President
- To do the best of his/her ability to preserve, protect, and defend the Constitution and law
- To devote himself/herself to the service and well-being of the people of India.
The President of India takes the oath in the presence of the Chief Justice of India or the senior Judge of the Supreme Court in case of the absence of the Chief Justice of India.
Impeachment Of President (Article 61)
Article 61 – The procedure for the impeachment of President in India on violation of the Constitution is given in this article, and it is as follows,
- Either house of Parliament can initiate the impeachment process. The charge has to be signed by 1/4th of the total members of the house that is initiating the impeachment.
- Before passing the resolution, the initiating house must give the President 14 day (14 working days) notice period.
- Post the notice period, the resolution is passed by the initiating house with a 2/3rd majority of the total membership of the house.
- Once the resolution is passed, the other house of the Parliament is obliged to investigate the charges against the President by appointing a judicial committee or themselves.
- During the inquiry, the President can appear with a lawyer and defend the charges.
- The resolution will lapse if the President is found not guilty of the charges. In case of guilty, the resolution is passed by the second house with a 2/3rd majority of the total membership of the house.
- The resolution shall remove the President from his office from the date on which the resolution is so passed.
Veto Powers of President
- ‘Veto’ in Latin means ‘to forbid. A Presidential veto is a type of constitutional mechanism. It authorizes the President to refuse assent to a legislative bill that the legislature has passed but not yet finally enacted. When both houses of Parliament pass a bill, it can become an act only if it receives the assent of the President. In the Indian Parliamentary system, the Power of Veto is an executive tool to overrule the acts of legislature by the executive authority.
What is the Veto Power of President?
- As per Article 111, the President of India has three types of veto powers when approving bills. For a bill to become a law, it must be passed by both houses of Parliament and receive the President’s approval. If, for any reason, the President declines to sign the bill, it cannot become law. The veto power of president aims to ensure that legislation is not rushed or poorly considered and to prevent laws that go against the spirit of the Indian constitution.
Objective Behind Veto Power
There are two objectives behind conferring veto power to the President –
- To prevent the legislature from hasty and ill-considered legislation.
- To prevent legislation not in the spirit of the Constitution of India
Major Types of Veto Power of President
The below mentioned are the 4 major types of veto power of president
- Absolute Veto
- Qualified Veto
- Suspensive Veto
- Pocket Veto
Absolute Veto
- The President has the authority to reject a bill passed by the Parliament completely.
- The bill does not become a law and cannot be enacted without the President’s approval.
- The President’s decision is final and cannot be overruled.
Qualified Veto
- In certain cases, the President may have the power to propose amendments or modifications to a bill.
- The President can send the bill back to the Parliament with recommended changes.
- The Parliament can then reconsider the bill. It can decide whether to accept the President’s modifications.
Suspensive Veto
- The President has the power to suspend a bill passed by the Parliament for a certain period of time.
- The bill does not become law immediately and is put on hold.
- During the suspension period, the President can consult with experts. He can seek further information before making a decision.
Pocket Veto
- The President can use this power when the Parliament is not in session.
- If the President does not take any action on a bill received during this period, it does not become law.
- The bill remains pending and does not require the President’s explicit rejection
Articles of Constitution of India behind Veto Power of President
- Article 111 – When both Houses of Parliament have passed a Bill, it shall be presented to the President for his/her assent.
- Article 201 –. When a Governor reserves a Bill for the consideration of the President, the President shall declare either that he/she assents to the Bill or withholds assent.
Different Types of Veto Power for Bill
|
Type of Bill |
Central Legislation |
State Legislation |
|
Ordinary Bill |
It can be ratified , Rejected or returned for reconsideration | It can be ratified, Rejected, returned for reconsideration or reserved for President’s assent |
|
Money Bill |
It can either be ratified or rejected only. | It can either be ratified or rejected only. |
|
Constitutional Amendment Bill |
It can only be ratified. | It can not be introduced in the state legislature. |
Role of Presidential Veto Power over State Legislations
- When the state legislature passes a bill, it can become active only if it receives the assent of the governor of the respected state.
- According to Article 200 of the Constitution of India, the Governor is bestowed with four choices –
- To give his assent to the bill
- To withhold his assent to the bill
- To return the bill for reconsideration (if it is not a money bill)
- To reserve the bill for the consideration of the President
- The Governor can reserve the bill based on when –
- Any Particular Bill derogates the High Court and endangers its position.
- As per Article 31A and Article 31C law made by the State Legislature concerning estates and property acquisition which requires the assent of the President.
- Once the bill is reserved for the consideration of the President, then there will be no further role of the Governor regarding the bill.
- When any bill is reserved for the consideration of the President, then the President has three possible courses of action –
- To give his assent to the bill
- To withhold his assent to the bill
- To direct the governor to return the bill for reconsideration (if it is not a money bill)
Incidences where the President uses Veto Power
- In 1954, the First President of India, Dr. Rajendra Prasad, withheld his assent by using absolute veto with regard to PEPSU Appropriation Bill.
- In 1991, R Venkatraman withheld his assent to the Bill by using the absolute veto related to Salaries & Allowances of Members of Parliament.
- In 1986, President Zail Singh exercised the power of pocket veto concerning the Indian Post Office (Amendment) Bill.
- In 2006, President A. P. J. Abdul Kalam exercised a suspensive veto by formally returning the Office of Profit Bill, 2006, passed by the Parliament. However, the Bill was sent back to President again and was finally approved.
Difference Between Veto Powers of Indian and American Presidents
- The President of India has lesser veto power in comparison to the veto powers of the American President. There is no provision for a Qualified veto in the case of the Indian President, whereas the American President has the power of Qualified Veto.
- There is no prescribed time limit when the Indian President exercises the Pocket Veto, whereas, in the case of the American President, he has to return the bill for reconsideration within 10 days, i.e., the pockets of the Indian President are bigger than the American President.
Absence And Vacancy In President’s Office (Article 62)
Election Holding Time To Fill Office Vacancy Of President & Tenure Of Office (Article 62)
This deals with provisions related to the vacancy of the office of the President of India. They are as follows,
- An election to fill the vacancy in the President’s office caused by the expiration of the President’s term of office should be held before the expiration of the term.
- An election to fill the vacancy in the President’s office caused by the death, resignation, or removal of the serving President should be conducted within six months.
Article 65 of the Indian Constitution
- In case of any vacancy in the President’s office due to death, resignation, or removal, the Vice President of India acts as the President until the new President is elected.
- In case of the absence of the President due to illness or any such reasons, the Vice President of India discharges the functions of the President until he returns to office.
- In case of the absence of the Vice President, the Chief Justice of India (or, in his absence, the senior most judge of the Supreme Court) will act or discharge as the President of India.
Functions And Powers Of President Of India
The President has a number of functions and powers, which can be broadly classified into the following categories:
Executive Power of the President of India
The President has the power to:
- Appoint the Prime Minister and other ministers.
- Grant pardons and commutations of sentences.
- Summon, prorogue, and dissolve the Parliament of India.
- Issue ordinances when the Parliament is not in session.
- Assent to bills passed by the Parliament.
- Appoint the Chief Justice of India and other judges of the Supreme Court of India and the High Courts.
- Declare a state of emergency.
- Be the supreme commander of the Indian Armed Forces.
Legislative Powers
The President is an integral part of the Parliament of India. The President has the power to:
- Address the Houses of Parliament.
- Send messages to the Houses of Parliament.
- Promulgate ordinances when the Parliament is not in session.
- Assent to bills passed by the Parliament.
Financial Powers
The President has the power to:
- Cause the Union Budget to be laid before the Parliament.
- Recommend grants to the Parliament.
- Constitute the Finance Commission.
Judicial Powers
The President has the power to:
- Grant pardons and commutations of sentences.
- Appoint the Chief Justice of India and other judges of the Supreme Court of India and the High Courts.
Diplomatic Powers
The President has the power to:
- Send and receive ambassadors and other diplomatic representatives.
- Make treaties with other countries.
Emergency Provisions
- In India, a state of emergency is a designated period of rule that the President of India can declare in response to specific crisis scenarios. Based on the guidance of the cabinet of ministers, the President has the authority to suspend numerous provisions of the Constitution that ensure the protection of Fundamental Rights for Indian citizens. There are three types of emergencies: national, state, and financial. During an emergency, fundamental rights can be suspended or restricted. The President of India has the authority to declare an emergency based on the advice of the cabinet. Emergency provisions address serious threats to the nation’s security, stability, or financial integrity
What are Emergency Provisions?
- Emergency Provisions are constitutional provisions in India that empower the President to take certain extraordinary actions during times of emergency. These provisions are outlined in Articles 352, 356, and 360 of the Indian Constitution.
Background on Emergency Provisions
- Emergency provisions in Indian constitution are mentioned in part XVIII of the Indian constitution from Article 352-360. These provisions help the central government to tackle any abnormal situations. These provisions help federal nature transforms into unitary nature. The central government becomes more powerful and has the authority to control the state.
There are different emergency provisions mentioned in the constitution. Types of emergency in india are listed below.:
- National Emergency enlisted under Article 352,
- President’s rule enlisted under Article 356 and
- Financial Emergency enlisted under Article 360
Types of Emergencies in the Constitution
| Basis of Classification | National Emergency | Constitutional Emergency | Financial Emergency |
| Grounds of Declaration |
|
|
|
| Parliamentary Approval |
|
|
|
| Revocation of Proclamation |
|
|
|
| Implementation |
|
|
|
| Judicial review | Allowed | Allowed | Allowed |
| Article | Article 352 | Article 356 | Article 360 |
National Emergency
- National Emergency in India is declared due to war, external aggression, or armed rebellion. The President can suspend or restrict fundamental rights guaranteed by the Constitution. A national emergency requires parliamentary approval to remain in effect beyond six months. It is a temporary measure intended to restore normalcy and stability in the country.
Grounds of declaration
Under Article 352 of Indian constitution, the president of India declares a national emergency when the security of India or a part of it, there is threat:
- External emergency–
- 1. War- When armed forces are used between two countries.
- 2. External aggression- When there is no formal declaration for the use of armed forces.
- Internal emergency– Armed rebellion (earlier known as internal disturbance, the term included by the 44th Constitutional Amendment Act).
Judicial review
- Earlier National emergency was immune to judicial review (Under the 38th Amendment Act of 1975).
- This provision was subsequently changed by the 44th Amendment Act of 1978.
- The Supreme Court held that National Emergency could be challenged in the court in the Minerva Mills case (1980).
Parliamentary approval
- Both houses of parliament must approve the emergency proclamation within one month from its issue date.
- The proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has approved it.
- After both houses approve, the Emergency can be issued for 6 months and extended indefinitely.
- A special majority must pass a resolution for approving the emergency proclamation or its continuance by either House of Parliament.
Revocation of proclamation
- Emergency may be revoked by the President at any time by a subsequent proclamation which does not require parliamentary approval.
- The Lok Sabha can pass a resolution by a simple majority disapproving its continuation.
Effects of national emergency
The declaration of national emergencies has significant implications for both individual rights and state sovereignty:
- It transforms the federal structure of the constitution into a unitary one, granting the Central government increased powers. Parliament gains the authority to legislate for the entire country or specific regions, except in areas mentioned in the State List.
- The Government of India can issue directives to the states regarding the exercise of their executive powers.
- During an emergency period, the Lok Sabha can extend its tenure by one year at a time. Similarly, the term of state legislatures can also be extended in the same manner, beyond six months after the initial proclamation.
- The President is empowered to alter the distribution of resources between the Union and the States during an emergency.
- Under Article 19, fundamental rights are suspended immediately and remain restricted until the conclusion of the emergency.
- According to Article 358, the Fundamental rights under Article 19 are automatically suspended in a national emergency.
Implementation of National Emergency.
- This type of emergency was implemented thrice in 1962, 1971 and 1975.
- In October 1962, it was issued due to Chinese aggression in the NEFA. It was in effect till January 1968.
- In December 1971, the emergency was due to the attack by Pakistan.
- In June 1975, the third proclamation was made, revoked in March 1977, along with the emergency of 1971.
President’s Rule
- Under Article 355, it is the duty of the centre to ensure that the provisions of the constitution carry on the governance of every state.
- In case of failure of constitutional machinery in a state, the centre takes over the government of a state under Article 356.
- It is popularly known as the ‘President’s Rule.
Grounds of imposition
- If the President is not satisfied with the government of a state.
- If any state fails to comply with the centre.
Parliamentary approval and duration
- A proclamation must be approved by both houses of parliament within two months from the date of its issue.
- After its reconstitution, the proclamation survives till 30 days from the first sitting of the Lok Sabha, if Lok Sabha has been dissolved, provided that the Rajya Sabha has approved it.
Judicial review
- This type of Emergency is eligible for judicial review after the 44th Amendment Act.
Revocation of President’s Rule
- The President of India has the power to revoke the President’s Rule. It is done in effect with a proclamation that does not require parliamentary approval.
Effect of President’s Rule
- During an emergency the President declares, the Parliament assumes the state legislature’s powers.
- The President has the authority to dismiss the state council of ministers.
- The President can also suspend or dissolve the state legislative assembly.
- An important aspect is that any law enacted by the President or Parliament during this period remains in effect even after the President’s rule ends.
- It’s worth noting that fundamental rights are unaffected during this period.