President of India_upsc notes_M laxmikanth

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President of India_upsc notes_M laxmikanth

The president is the head of the Indian state. he is the first citizen of India and he is the symbol of unity, integrity and solidarity of the nation. 

He is part of the union executive. 

The union executive consists of:

- The president, 

- The Vice president, 

- The Prime Minister, 

- The Council of Ministers and 

- The Attorney General of India. 


Articles related to the president

52. The president of India
53. Executive power of the union
54. Election of the president
55. Manner of election of president
56. Term of office of president
57. Eligibility for re-election
58. Qualifications for election as president
59. Conditions of presidents office
60. Oath by the president
61. Procedure for impeachment of the president
62. Time of holding election to fill vacancy in the office of president
65. Vice president to act as president or to discharge his function
71. Matters relating to the election of president
72. Power of the President to grant pardons
74. Council of Ministers aid and advise the president
75. Other provisions as to ministers like appointment,  term, salaries etc
76. Attorney General of India
77. Conduct of business of the Government of India
78. Duties of the prime minister in respect to furnishing of information to the president
85. Sessions of parliament, prorogation and dissolution
111. Send to Bill passed by the parliament
112. Annual financial statement
123. Power of the President to promulgate ordinances
143. Power of the President to consult Supreme Court

Election of the president

President is elected by the electoral college consisting of:
1. The elected members of both the houses of parliament
2. The elected members of the Legislative Assembly of the states
3. The elected member of the Legislative Assembly of the Delhi and Puducherry

Note: 
  • the nominated members of the both of the houses of the Parliament or of the Legislative Assembly or Legislative Council do not participate in the election of the president. 
  • Where an assembly is dissolved the members cease to be qualified to vote in presidential election even if fresh elections to the dissolved assembly are not held before the presidential election. 
  • The Presidents election is held in accordance with the system of proportional representation by means of the Single Transferable Vote. 
  • All doubts and disputes in connection with election of the president are enquired into and decided by the Supreme Court, whose decision is final. 

Qualifications for election as President

1. He should be a citizen of India. 
2. He should have completed 35 years of age. 
3. He should be qualified for election as a member of the Lok Sabha. 
4. He should not hold any office of profit under the union government or any state government or any local authority or any public authority. 

Note: which post is not the office of profit:
            - President or vice president
            - Governor of any state
            - a Minister of the union or any state. 


  • The nomination of a candidate for election of the president - must be subscribed by at least 50 electors is proposers and 50 electors as seconders. 

  • Security deposit- 15,000/-Rs in the RBI. 

Oath or Affirmation by the president

The oath is administered by the Chief Justice of India and in his absence, the senior most judge of the supreme court available. 

In his oath, the President swears:
  1. To faithfully execute the office
  2. To preserve, protect and Defend the Constitution and the Law
  3. To devote himself to the service and well being of the people of India. 


Conditions of President's office

  1. He should not be a member of either House of Parliament or a house of the state legislature, if any such person is elected as president he is deemed to have vacated his seat in that house on the date on which he enters upon his office is President. 
  2. He should not hold any other office of profit. 
  3. He is entitled to such a emoluments allowances and privileges as may be determined by parliament. 
  4. His emoluments and allowances cannot be diminished during his term of office. 

Salary: 5 lakh/month
Pension: 50% of his salary

Note:
  • During his term of office, he is immune from any criminal proceeding even in respect of his personal acts. 
  • He cannot be arrested are imprisoned. 
  • How ever after giving two months notice, civil proceedings can be instituted against him during his term up office in respect of his personal acts. 

Term: 5 years from the date on which he enters upon his office. 
He may be elected for any number of terms. 

Impeachment of the President

Reason- for violation of the constitution,  however the Constitution does not define the meaning of the violation of the constitution. 

Process:-
  1. The impeachment charges can be initiated by either House of Parliament. 
  2. The charges should be signed by 1/4 members of the house and 14 days prior notice should be given to the president. 
  3. After the impeachment resolution is passed by a majority of two third of the total membership of that house it is sent to the other house,  which should investigate the charges. 
  4. The president has the right to appear and to be represented at such investigation. 
  5. If the other house also sustains the charges and passes the impeachment resolution by a majority of two third of the total membership. 
  6. Then the president stands removed from his office from the date and which the resolution is so passed. 

Note:
  • An Impeachment is a Quasi judicial procedure in the parliament. 
  • this means:(a) the nomination members of either House of Parliament when participate in the impeachment of the president do they do not participate in his election. (b) the elected members of the Delhi and Puducherry state legislative assembly members do not participate in the impeachment of the president though they participate in his election. 
 

Vacancy in the Presidents office

  • And expiry of his tenure of 5 years. 
  •  by his resignation. 
  • on his removal by the process of impeachment. 
  • by his death. 
  • when he becomes disqualified to hold office or when his election is declared void. 
When the vacancy is going to be caused by the expiration of the term and election to fill the vacancy must be held before the expiration of the term. 

In case of any delay in conducting the election of new president by any reason the outgoing president continues to hold office until his successor assumes charge. 

In this situation the vice president does not get the opportunity to act as president. 

If the office falls vacant by resignation, removal, death or otherwise then election to fill the vacancies should be held within 6 months from the date of the occurrence of the such a vacancy. 

The newly elected president remains in office for a full term of 5 years from the date he assumes charge of his office. 

Vice President act as President until a new President is elected. 

In case the office of Vice President is vacant the Chief Justice of India act as president if his office is also then senior most judge of the supreme court acts as the President. 


Powers and Functions of the President

  1. Executive powers
  2. Legislative powers
  3. Financial powers
  4. Judicial powers
  5. Diplomatic powers
  6. Military powers
  7. Emergency powers

1.Executive powers

  • All executive actions of the government of India are formally taken in his name. 
  • He can make rules for more convenient transactions of business of the union government. 
  • He appoints the Prime Minister and the other ministers.they hold office during his pleasure. 
  • He appoints the Attorney General of India and determines his remuneration.  he also  holds office during the pleasure of the president. 
  • He appoints:
          - Comptroller and Auditor General of India. 
          - the chief Election Commissioner and the other election commissioners. 
          - Chairman and members of the UPSC
          - the Governors of States
          - the Chairman and members of the finance commission. 
          - SCs,  STs and OBCs commission
          - inter state Council
  • He can seek any information related related to the administration of the affairs of the union and proposals for legislation from the Prime Minister. 
  • He can require the Prime Minister to submit,  for consideration of the Council of Ministers, any matter on which a decision has been taken by a Minister but which has not been considered by the Council. 
  • He directly administers the union territories through administrators appointed by him. 
  • He can declare in area as scheduled area and administer that areas. 

2. Legislative powers

  • He can summon or prorogue the Parliament and dissolve the Lok Sabha. he can also Summon joint sitting. 
  • He can address the Parliament at the commencement of the first session after each general election and the first session of each year. 
  • He can send messages to the house of parliament. 
  • He can appoint any member of the Lok Sabha to preside over its proceedings when the office of both the Speaker and the Deputy Speaker fall vacant. 
  • He can also appoint any member of the Rajya Sabha to preside over its proceedings when the office of the both the Chairman and the Deputy Chairman fall vacant. 
  • He nominate 12 members of the Rajya Sabha from amongst persons having special knowledge are practical experience in Art, Science, literature and social service. 
  • He can nominate two members to the Lok Sabha from the Anglo Indian community. 
  • He decides on questions as to disqualification of members of the Parliament in consultation with the election commission. 
  • His Prior recommendations or permission is needed to introduce certain types of bills in the parliament. for example: a bill involving expenditure from the consolidated fund of India, a bill for the alteration of boundaries of the states or creation of a new state. 
  • Veto power of the president. 
  • He can promulgate ordinances when the parliament is not in the session. These ordinances must be approved by the parliament within 6 weeks from its Re assembly. he can also withdraw and ordnance it anytime. 


3. Financial powers

  • Money bills can be introduced in the Parliament only with his prior recommendation.
  • He causes to be laid before the parliament the annual financial statement. 
  • No demand for a grant can be made except on his recommendation. 
  • He can make advances out of the contingency fund of India to meet any unforeseen expenditure. 
  • He constitutes a finance commission after every 5 years to recommend the distribution of revenues between the centre and the states. 

4. Judicial powers

  • He appoints the Chief Justice and the judges of the Supreme Court and the High Courts. 
  • He can seek advice from the supreme court on any question of law or fact. The advice Supreme Court is not binding on the president. 
  • He can grant pardon,  reprieve, respite, remit or commute the sentence of any person convicted of any offence:
          - punished by court martial
          - punishment against union law
          - death sentence. 


5. Diplomatic powers

  • The international treaties and agreements are negotiated and concluded on behalf of the president. however, they are subject to the approval of the Parliament. 
  • He represents India in international forums forums and affairs. 
  • He sends and receives diplomats like ambassadors, high commissioners. 

6. Military powers

  • He is the supreme commander of the defence forces of India. 
  • He appoints the chiefs of the Army, the Navy and the Air force. 
  • He can declare war or conclude peace, subject to the approval of the Parliament. 

7. Emergency powers

The President of India also have emergency powers to deal with, in case of emergency situations:
- National Emergency (Article 352) 
- President's rule (Article 356 and 365) 
- Financial Emergency (Article 360) 




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