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Key Takeaways

  • According to Article 58 of the Constitution of India, a candidate for the position of President of India must be a citizen of India, at least 35 years old, and qualified to serve as an MP in the Lok Sabha.
  • A person who has been elected President once can be re-elected, and so the President's term can be extended beyond five years if he is re-elected.
  • When the parliament determines that the president has violated the constitution, either house can initiate the impeachment process.
  • The Elected Members of the Houses of Parliament and the Elected Members of the State Legislative Assemblies form an Electoral College for electing the President.
  • The President of India's legislative power is vested in Parliament
  • Article 72 of the Constitution gives the President the right to grant reprieves, pardons, respites, remissions, and commutation of sentences.
  • The President is given supreme command of the country's armed forces under Article 53.

Introduction

Article 52 of our Constitution provides that there shall be a president of our democratic country. Mr. Ram Nath Kovind, also known as "Bharat Ke Rashtrapati," is the current President of India (25 July 2017). The President is chosen indirectly by members of India's parliament and the legislative assemblies of all of the country's states. These members are directly elected by Indian citizens.A president is the country's leader. He is known as India's first citizen. After taking the oath, he joins the vice-president of India, the attorney general, and the Prime Minister of India as the union executive. He is India's supreme commander.

Qualifications required to be a President

To run for President of India, a person must have certain qualifications. According to Article 58 of the Constitution, a candidate for the position of President of India must be a citizen of India, at least 35 years old, and qualified to serve in the Lok Sabha. Also, if a person occupies a profit-making position, he is ineligible to be elected President.

A President is given Executive powers by the Union; hence he cannot be a member of any state or federal legislature, and if he is a member of a legislature at the time of his election, he is presumed to have vacated his seat when he takes office. (Articles 59 and 60)

Manner of Election of the President

As previously established, the President is not elected by direct popular vote. The way in which the President is elected is outlined in Article 54. The Elected Members of the Houses of Parliament and the Elected Members of the State Legislative Assemblies should form an Electoral College, according to this article.

For this election, the proportional voting method is used, in which State Legislature members receive votes proportional to the population of the state, and Members of Parliament receive votes by dividing the total votes of the State Legislature by the total number of elected members of Parliament.

Tenure of the President

  • After being elected, the person assumes the role of President. The President's tenure or term is governed by Article 56. According to this Article, the President serves for a term of five years from the date of his appointment. The President can stay in office beyond the five-year term limit until the next elected official takes over.
  • A person who has been elected President once can be re-elected, and so the President's term can be extended beyond five years if he is re-elected. (Article 57)
  • A President can also resign from his position by writing to the Vice President before the end of his term.

Process of Impeachment

When the parliament determines that the president has violated the constitution, either house can initiate the impeachment process. Let us assume that the Rajya Sabha initiates the impeachment procedure first.

  • To begin, the charge against the President must be presented to the house in the form of a proposal, which must be signed by at least a quarter of the total members of the house.
  • The resolution will now be introduced in the Rajya Sabha, where it will be debated.
  • The resolution would be regarded as passed by Rajya Sabha if a two-thirds majority approves.
  • After that, it will go to the Lok Sabha for the same proceedings.
  • If the resolution for impeachment is also passed in the Lok Sabha with the same 3/4th majority the President will be removed from his seat.

The president can sit in the session during his impeachment process.

Powers of the President of India

The President of India's primary responsibility is to safeguard the Indian Constitution. This is part of his oath, which he took under Article 60 of the Indian Constitution. Let's talk about the President of India's powers and responsibilities. We're now going to talk about the President of India's powers. The Indian Constitution also grants all of these powers.

Legislative powers

The President of India's legislative power is vested in Parliament. The Indian Parliament is led by the President. He aids in the legislative process. He possesses the authority to dissolve the Lok Sabha. Only until the President of India has given his assent to a bill passed by both houses can it become law.

Furthermore, before submitting legislation such as creating a new state, changing the boundaries of existing states, or changing the name of a state, the administration must first obtain Presidential approval. Furthermore, under the Constitution, legislation affecting fundamental rights requires the President's approval.

1. Ordinance-making authority

When the Parliament is not in session and an emergency arises, the President has the authority to enact an ordinance, which has the force of law. This ordinance will be in effect for six weeks after the Legislature begins its session.

2. Nominating members of Parliament

The President has the power to appoint 12 members to the Council of States from the fields of arts, literature, science, and social science, among other things.

Judicial Powers

The President of India also has some judicial powers, which he can employ through the authority granted to him by Article 72 of the Constitution. Article 72 of the Constitution gives the President the right to grant reprieves, pardons, respites, remissions, and commutations of sentences.

Under Articles 253,356, and 350 of the Indian Constitution, the President has the power to declare an emergency in India’s entire territory or any state or part of it.

The president can declare one of three types of emergencies:

  1. National Emergency (Article 352)
  2. State Emergency (Article 356)
  3. Financial Emergency (Article 360)

During an emergency, the President can suspend any rights, including fundamental rights, with the exception of Articles 20 and 21, and the Parliament can enact a resolution imposing President's authority in any state.

Executive Powers

The President wields a wide range of executive authorities as to the country's chief executive. In the name of the President, the government takes all actions and makes all decisions.

  • Head of the Armed Forces

The President is given supreme command of the country's armed forces under Article 53. As a result, the President has the authority to declare war on any other country as well as to negotiate a peace treaty. This is done in accordance with Parliamentary regulations.

  • Appointment-making authority

Many constitutional officers and members of the Union Government are appointed by the President.

Conclusion

In India's Constitution, the President of India is only a ceremonial head, and the prime minister and the council of ministers have complete power. Despite the fact that the president was given considerable powers, they were all submissive to the ruling government's wishes. The president's ability to make independent decisions is difficult to discern in his actions.


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