President of India
| This article is part of a series on the |
| Politics of India |
|---|
 |
 India portal |
The President of India is the ceremonial head of state and first citizen of India and the Supreme Commander of the Indian armed forces.
The current President of the Republic of India is Dr. A.P.J. Abdul Kalam.[1]
History
India became formally independent of the United Kingdom on August 151947. However, the country remained a Commonwealth Realm and continued to observe the British monarch as Head of State, with the title downgraded from Emperor of India to King of India in 1948 after independence. The monarch was still represented by a Governor-General of India appointed by the King, but now on the advice of the Prime Minister of India.
This was a temporary measure, however, as the continued existence of a British King in the Indian political system was not considered appropriate for a truly sovereign nation. The first Governor-General of India, Lord Mountbatten, was also the last British Viceroy before Independence. He soon handed power over to Rajagopalachari, who became the first (and only) ethnically Indian Governor-General. In the meantime, the Constituent Assembly led by B. R. Ambedkar worked on drafting independent India's Constitution. The drafting was finished on 26 November 1949 and the Constitution was formally adopted on January 26 1950—a date of symbolic importance as it was on January 26 1930 that the Congress Party had first issued the call for complete independence from Britain. Until that date, a call for complete independence had never been issued, with the independence struggle simply demanding more autonomy from the British. When the constitution took effect, the Governor-General and King were replaced by an elected president with Rajendra Prasad serving as the first President of India.
The move ended India's status as a Commonwealth Realm but the republic remained in the Commonwealth of Nations. Nehru argued that a nation should be allowed to stay in the Commonwealth simply by observing the British monarch as "Head of the Commonwealth" but not necessarily Head of State. This was a ground-breaking decision that would allow for many other republics to remain in the Commonwealth in future years.
Qualifications required to become the President
A citizen of India who is of 35 years of age or above can be a candidate for the office of the President. The Presidential candidate should not hold any office of profit under the government and should be qualified to become a member of the Lok Sabha. The following persons shall not be deemed to hold any office of profit and hence qualified to be a candidate for president - a) The President & The Vice-President, b) The Governor of any state c) a Minister of the Union or of any State. In the cases of b & c or in the case of Vice President, being elected as President, he shall be deemed to have vacated that seat/office on the date on which he enters upon his office as President.
Election of the President
The President of India is elected whenever the office becomes vacant by an electoral college consisting of the elected members of both houses of the Parliament and the elected members of the State Legislative Assemblies (Vidhan Sabha) by a method of proportional representation by means of the Single Transferable Vote system by secret ballot.
Each elector casts a different number of votes. The general principle is that the total votes cast by Members of Parliament equals the total votes cast by Legislators. Also, legislators from larger states cast more votes than those from smaller states. Finally, the number of legislators in a state matters; if a state has a few legislators, then each legislator has relatively more votes; if a state has many legislators, then each legislator has fewer votes.
The actual calculation for votes cast by a particular state is calculated by dividing the state's population by 1000, which is divided again by the number of legislators from the State voting in the electoral college. This number is the number of votes per legislator in a given state. For votes cast by those in Parliament, the total number of votes cast by all state legislators is divided by the number of members of both Houses of Parliament. This is the number of votes per member of either house of Parliament.
The President is elected for a five year term. He can seek re - election for another term. The salary of the President is Rs. 50,000 per month and his emoluments cannot be reduced during his term of office.
Constitutional Role
The President's functions are to be exercised in accordance with the aid and advice of the council of ministers but powers are to be exercised by the President however the rider in favour of parliament vides Article 53 of the Constitution.
The president of India swears before entering the office of the president that he shall protect, preserve and defend the Constitution (Article 60) which provides for an executive head of state who is nominal or ceremonial. The Indian Constitution must be seen as a purveyor of a system of governance where a mixture of presidential and Parliamentary Systems could be located.
The powers of the office of President were originally intended to be similar to those of the British Crown, in that he would 'reign and not rule'. A remarkable feature under the Indian constitution is Article 53 whereby parliament has the authority to confer powers and functions exercised by the president to any other authority.
An Indian President may be elected for a maximum two five year terms.
Although the Constitution explicitly says that the president is the executive head of the state, the real executive power is exercised by the council of ministers and Prime minister at the helm of it. This is to be inferred from Article 74 of the Indian Constitution, indicating a "... council of ministers to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice".
The President of India's main function is the formal summoning and swearing-in of the Prime Minister.
Powers and Functions
The President of India enjoys the following powers
Executive Powers
The Constitution vests in the President of India all the executive powers of the Central Government. He appoints the Prime Minister who enjoys the support of the majority in the Lok Sabha. He also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the Prime Minister.
The Council of Ministers remain in power during the 'pleasure' of the President, but in the real sense it means the pleasure of the Lok Sabha. As long as the majority in the Lok Sabha supports the government, the Council of Ministers cannot be dismissed.
The President makes important appointments. He appoints Governors of States, Chief Justice, judges of the Supreme Court and the High Courts, Attorney General, Comptroller and Auditor General, Chief Election Commissioner and other Election Commissioners, Chairman and Members of the Union Public Service Commission. He also appoints Ambassadors and High Commissioners to other countries. He receives the credentials of Ambassadors and High Commissioners from other countries.
The President is the Supreme Commander of the Defence Forces in India. He can declare war, make peace and conclude treaties with other countries.
Judicial Powers
As supreme executive head, the President of India can grant pardon or reduce the sentence of a convicted person. If he considers that a question of law or a matter of public importance has arisen, he can ask for the advisory opinion of the Supreme Court. He may or may not accept that opinion.
Legislative Powers
The President summons the sessions of both houses of the Parliament and prorogues them. He can even dissolve the Lok Sabha. These powers are formal and the President while using these powers must act according to the advice of the Council of Ministers headed by the Prime Minister.
He inaugurates the Parliament by addressing it after the general elections and also at the beginning of the first session every year. His address on these occasions is generally meant to outline the new policies of the government.
A bill that the Parliament has passed, can become a law only after the President gives his assent to it. He can return a bill to the Parliament, if it is not a money bill, for reconsideration. However, if the Parliament sends it back to him for the second time, he has to give his assent to it.
When the Parliament is not in session and the government considers it necessary to have a law, then the President can promulgate ordinances. These ordinances are submitted to the Parliament at its next session. They remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.
Emergency Powers
The President can declare three types of emergencies:
- National emergency
- State emergency
- Financial emergency
National emergency
National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1965 (Indo - Pakistan war), 1971 and 1975 (declared by Indira Gandhi to let her government remain in power).
The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.
In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended. It modifies the federal system of government to a unitary one.
The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the Lok Sabha can be extended by a period of one year but not more than six months from the date when the emergency has ceased to exist.
State emergency
State emergency is declared due to failure of constitutional machinery in a state. Almost all states have undergone this type of an emergency. This emergency is also known as President's rule.
If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he can declare emergency in the state. Such an emergency must be approved by the Parliament within a period of six months.
It is imposed for six months and can last for a maximum period of three years with repeated parlaimentary approval every six months. If the emergency need to be extended for more than three years, it can be done by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.
During such an emergency, the President can take over the entire work of the executive, and the Governor adminsters the state in the name of the President. the Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation. All money bills have to be referred to the Parliament for approval.
Financial emergency
If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he can declare financial emergency. Such an emergency must be approved by the Parlaimet within two months. It has never been declared. Such a situation had arisen but was avoided by selling off of the gold assets of India
It remains enforced till the President revokes it.
In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills passed by the State legislatures are submitted to the President for his approval. he can direct the state to observe certain principles (economy measures) relating to financial matters.
Removal of the President
The President may be removed before the expiry of his term through a special measure known as impeachment. A President can be removed for violation of the Constitution
The process may start in any of the two houses of the Parliament. The house initiates the process by levelling the charges against the President. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration.
A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend himself through an authorized counsel. If the second house also approves the charges made by two-third majority again, the President is removed from office by impeachment.
List of Governors-General of India after independence
| No. | Name | Took Office | Left Office |
|---|---|---|---|
| 01 | Louis Mountbatten, 1st Earl Mountbatten of Burma | August 15, 1947 | June 21, 1948 |
| 02 | Chakravarthi Rajagopalachari | June 21, 1948 | January 26, 1950 |
List of Presidents of India
| No. | Name | Took Office | Left Office |
|---|---|---|---|
| 01 | Dr. Rajendra Prasad | January 26, 1950 | May 13, 1962 |
| 02 | Dr. Sarvepalli Radhakrishnan | May 13, 1962 | May 13, 1967 |
| 03 | Dr. Zakir Hussain | May 13, 1967 | May 3, 1969 |
| * | Varahagiri Venkata Giri | May 3, 1969 | July 20, 1969 |
| * | Muhammad Hidayatullah | July 20, 1969 | August 24, 1969 |
| 04 | Varahagiri Venkata Giri | August 24, 1969 | August 24, 1974 |
| 05 | Fakhruddin Ali Ahmed | August 24, 1974 | February 11, 1977 |
| * | Basappa Danappa Jatti | February 11, 1977 | July 25, 1977 |
| 06 | Neelam Sanjiva Reddy | July 25, 1977 | July 25, 1982 |
| 07 | Giani Zail Singh | July 25, 1982 | July 25, 1987 |
| 08 | Ramaswamy Venkataraman | July 25, 1987 | July 25, 1992 |
| 09 | Dr. Shankar Dayal Sharma | July 25, 1992 | July 25, 1997 |
| 10 | Kocheril Raman Narayanan | July 25, 1997 | July 25, 2002 |
| 11 | Dr. A. P. J. Abdul Kalam | July 25, 2002 | In Office |
* Acting