According to Article 52 of the Indian Constitution, the President of India is the Head of state and he is also called the first citizen of the Republic of India. The President of India is a formal head of the executive, legislature, and judiciary of India and head of all armed forces.
Article 52 defines that “There shall be a President of India”. According to Dr. B.R Ambedkar said “ The President of India occupies the same position as the king under the British Constitution.
Article 53 defined “the executive power of the Union”.
The word “executive power” was defined by the Supreme Court in the case of Ram Jawya Kapur vs the State of Punjab, the Punjab Government issued an executive order acquiring the copyright in selected books from the authors and undertaking itself the publishing and printing, and sale of those books. The authors only got 5% royalty on the sale of textbooks. The court held that no restriction powers are defined in the Indian Constitution and these provisions were ultra virus to the constitutional power. According to the court, the executive cannot be restricted to mere implementations of legislation. The government is an executory body that did not possess the power to enter into that activity or trade without specific legislations.
Article 54 include “Election procedure of the president” _
There is no direct election for the President of India. The President shall be elected by process of an electoral college consisting of _
- the elected members of both Houses of Parliament
- the elected members of the Legislative Assemblies of the States.
Article 56 describe “term or duration of office”_
- the President shall hold office for a term of five years from the date on which he enters upon his office, even after the expiry of his term. he shall continue to hold office until no new election has taken place or no new successor enters his office.
- the President may, by writing under his hand addressed to the Vice President, however, President can resign his office before the expiry of his normal term of five years by writing to the Vice-President.
- the President may be removed from his office for the violation of the constitution by the process of impeachment.
Article 58 describe “Qualifications for election as President of India”
A candidate has to meet certain qualifications and requirements to be elected as a President. Those qualification and requirement are as follows_
- has completed the age of thirty-five years
- is a citizen of India
- is qualified for election as a member of the House of the People (i.e, he must be registered as a voter in any Parliamentary Constituency).
- He does not hold any office of profit under the Government of India, or the Government of any State, or under any local authority subject to the control of any of the said Governments.
Article 60 describe “Oath by Indian President” _
According to Article 60, before entering into an office, every Indian President and every person acting as President or discharging the functions and duties of the President shall, before entering upon his office, has to take the oath or an affirmation in the presence of the Chief Justice Of India, or, in his absence, the senior-most Judge of the Supreme Court available.
Article 61 describes “Procedure for impeachment of the Indian President”
This Article lays down the procedure for the impeachment of the President.
- It means when a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
- The charge must come in the form of a proposal contained in a resolution signed by not less than ¼ of the total number of the members of the House.
- The proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days notice in writing signed.
- Such a resolution must be passed by a majority of not less than 2/3rd of the total membership of the House.
Article describes “Time of holding election to fill a vacancy in the office of President”
- Article 62(1) provides that an election to provide fill the vacancy caused by the expiry of the term of office of the President must be completed before the expiration of the term.
- Article 62(2) an election is held to fill a vacancy of the President occurring because of his resignation, death, and removal or otherwise shall be held as soon as possible and in no case later than six months from the date of vacancy occurrence. The new person is elected to fill the vacancy of the President, be entitled to hold office, and fulfill his responsibility and duties for the full term of five years.
Article 72 describes “Pardoning Power”
Article 72 deals with the pardoning power of the President of India. The President of India has the power to grant pardon. When the President of India decides the case of punishment or the sentence of any person convicted for any offense. President has the power to grant Pardon, Reprieve, Remit, Respite, and Commute
- When the sentence is granted through Court Martial
- When the sentence or punishment is given for an offense against any law relating to a matter to which the executive power of the Union extends.
- When in all cases in which the sentence is one of death.
Powers of the President_
The Powers of Indian President is as follows_
- Executive Powers
- Military Powers
- Diplomatic Powers
- Legislative Powers
Article 53 states that all the executive powers of the Union will be vested in the President of India.
- The President of India has the power to appoint the Prime Minister of India and Council of Ministers,
- He has the power to appoints the Attorney general of India
- He appoints judges of Supreme Court and High Court
- He appoints the following people:
- State Governor
- Chief Election Commissioners and other Election
- Comptroller and Auditor General of India (CAG)
- Right to being informed about administrative information from the Union Government
- He addresses the Indian Parliament at the commencement of the first session after every general election
- He has the power to summons a joint sitting of Lok Sabha and Rajya Sabha to break the deadlock
- He has the power to nominate the 12 members of the Rajya Sabha
- The President’s recommendation and permission are necessary at the introduction time of certain types of bills.
- He promulgates ordinances.
The President of India is known as the commander of the Defence forces of India. He has the power to appoint_
- Chief of the Navy,
- Chief of the Army
- Chief of the Air force
- The President of India is the representative of India in International forums and affairs
- All the International Treaties and agreements that are approved by the Parliament are negotiated and concluded his name.
We can conclude that President is the first citizen of India. All the major decisions related to the bills, pardon, higher authorities appointment and he is a representative of India in International forums and affairs.
Author: Divya Tripathi,
Shri Ramswaroop Memorial University LLB 3 Year ( 2 Semester)