President of India

The President is the head of the Indian State, the first citizen of India, and a symbol of solidarity, unity, and integrity of the nation (Article 52). The executive power of the Union is vested in the President (Article 53).

Electoral College (Article 54): The President is elected not directly by the people but by members of an electoral college consisting of:

1. Elected members of both the Houses of Parliament (Lok Sabha and Rajya Sabha).
2. Elected members of the legislative assemblies of the states.
3. Elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry (added by 70th Amendment Act, 1992).

Note: Nominated members of Parliament/State Assemblies, and members (elected & nominated) of State Legislative Councils DO NOT participate in the election.

Manner of Election (Article 55): The election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.

Qualifications (Art 58):

1. Must be a citizen of India.
2. Must have completed the age of 35 years.
3. Must be qualified for election as a member of the Lok Sabha.
4. Must not hold any office of profit.

Oath (Art 60): The oath of office is administered by the Chief Justice of India (or in his absence, the senior-most judge of the Supreme Court).

Term (Art 56): Holds office for a term of 5 years. Can resign by addressing the resignation to the Vice-President.

The President can be removed from office by a process of impeachment for "violation of the Constitution". However, the Constitution does not define the meaning of this phrase.

Process:

1. Initiation: Impeachment charges can be initiated by either House of Parliament.
2. Notice: These charges should be signed by 1/4th members of the House that framed the charges, and a 14 days' advance notice should be given to the President.
3. Passage in First House: After the resolution is passed by a majority of not less than two-thirds of the total membership of that House, it is sent to the other House.
4. Investigation: The other House investigates the charges (President has the right to appear and be represented).
5. Passage in Second House: If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, the President stands removed from his office from the date on which the resolution is so passed.

Note: Nominated members participate in impeachment, but elected members of State Assemblies do not.

Executive Powers:

• All executive actions of the GOI are formally taken in his name.
• He appoints the PM and other ministers, CAG, CEC and other ECs, UPSC chairman, Governors, Finance Commission.
• He directly administers UTs through administrators.

Legislative Powers:

• He can summon or prorogue the Parliament and dissolve the Lok Sabha.
• He can summon a joint sitting of both the Houses of Parliament (Article 108).
• He nominates 12 members to the Rajya Sabha.
• Prior Recommendation: Required to introduce certain types of bills (e.g., money bills, bills altering state boundaries).
• Ordinance Making (Article 123): He can promulgate ordinances when Parliament is not in session. Must be approved by Parliament within 6 weeks of its reassembly.

When a bill is sent to the President, he has three options: give assent, withhold assent, or return it (if it is not a Money Bill).

1. Absolute Veto: Withholding of assent to the bill. The bill ends and does not become an act (usually exercised for Private Member's Bills or if the cabinet resigns before assent).
2. Suspensive Veto: Returning the bill for reconsideration of Parliament. If the Parliament passes the bill again (with or without amendments), the President must give assent. (Note: He cannot use suspensive veto for Money Bills).
3. Pocket Veto: Neither ratifies nor rejects nor returns the bill, but simply keeps it pending for an indefinite period (e.g., Zail Singh used it for the Indian Post Office Amendment Bill in 1986).

Note: The President has NO veto power in respect of a Constitutional Amendment Bill (24th Amendment Act, 1971 made it obligatory).

Judicial Powers (Article 72): He can grant pardons, reprieves, respites and remissions of punishment, or suspend, remit or commute sentences of any person convicted of any offence (including Court Martial and death sentences). Financial Powers: Money bills need his prior recommendation. He causes the Union Budget to be laid before Parliament. Appoints Finance Commission. Diplomatic & Military: Represents India in international forums. He is the Supreme Commander of the defence forces. Emergency Powers: He can declare National Emergency (Art 352), President's Rule (Art 356/365), and Financial Emergency (Art 360).