President

The President of India is both the head of state and the country’s first citizen. According to “Article 52” of the Indian Constitution there shall be a President of India.

The Parliamentary system of government is characterised by the presence of dual executives. The Union executive consists of the President, the Prime Minister, the Council of Ministers and the attorney general of India. The executive power of the government of India is vested in the President of India, who is the head of the Indian state.

The Constitution of India, however, gives only the ceremonial position of the President, with no real authority. The real executive power rests with the Prime Minister. While the President is the head of the state, the Prime Minister is the head of the government. Articles 52 to 62 deal with the president of India.

Constitutional Provisions

• The President at the union and the Governor at the state level constitute the head of the state in whose name the executive powers are vested but who do not exercise them.
• They constitute the nominal or titular executive (de jure head).
• The Indian Constitution under Article 53, vests the executive power of the union in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution.
• He is the Supreme Commander of the Armed Forces.
• He is the 1st citizen of India and occupies the 1st position under the warrant of precedence.
• All the executive actions are taken in his name.

Other Constitutional Provision

Qualification for election as a President

• He must be a citizen of India.
• He must have completed the age of 35 years.
• He must not hold office of profit under the Government of India or the Government of any States or under any local or other authority subject to control of any of the said Governments.
• He must be qualified for election as a member of House of the People i.e., Lok Sabha.

Conditions of President Office

• President shall not be a member of either Houses of the Parliament or of the House of State Legislatures, and if he/she is he/she shall be deemed to have vacated his/her seat in that House on the date on which he enters upon his office as President.
• He is entitled without payment of rent to the use of his official residence. He is also entitled to such emolument and allowance and privileges as may be determined by the Parliament by law.
• He enjoys personal immunity under Article 361 from legal liability of his official acts of commission and omission along with that shield the acts done outside the provisions of Constitution.
• He is immune from any criminal proceedings during his term of office. He cannot be arrested or imprisoned. However, civil proceedings can be instituted against him during his term of office in respect of his personal acts, after giving two months’ notice.
• The emolument and allowance of the President cannot be diminished during his term of office.

No Spoils System

• It is worth noting that, aside from the ability to nominate the above-mentioned functionaries, the Indian Constitutions do not give the President the same absolute power as the American Constitution to appoint inferior officers of the Union.
• As a result, the Indian Constitution aims to avoid America’s unpopular “spoils system,” in which the President fills around 20% of federal civil jobs without consulting the Civil Service Commission and as a reward for party loyalty.

Oath of the President

The President takes oath in the presence of the Chief Justice of India “to preserve, protect and defend the Constitution and law”.

Term of Office of President

• The President shall hold office for a term of 5 years from the date on which he enters upon his office.
• Even after the expiry of his term, he shall continue in the office until his successor enters upon his office.
• He is also eligible for re-election any number of times.
• The President may however resign his office before the expiry of his normal term of 5 years by writing to the Vice-President.
• Further he may be removed from office for violation of the Constitution by the process of impeachment.

Relation Between President and Council of Minister

• Before the 42nd Constitutional Amendment Act, 1976, there was no provision in the Constitution which made the advice of the Council of Minister obligatory on the President.
• It amended Article 74 and made the advice of the Council of Ministers constitutionally binding on the President.
• The Supreme Court in a number of cases has held that as long as the Council of Ministers enjoys the support of Lok Sabha, the President is bound by the advice of the Council of Ministers.
• The 44th Constitutional Amendment Act, 1978, further amended Article 74 by adding a proviso to it.
• The President may require the Council of Ministers to reconsider such an advice but the President is not bound to act in accordance with the advice tendered after such reconsideration.
• Article 78(a) casts on the Prime Minister a duty to keep the President informed of all the Cabinet decisions concerning the administration of the affairs of the Union and proposals for legislation and furnish all the information asked for by the President.
• The President may ask the Prime Minister to submit a matter on which a decision has been taken by an individual minister but which has not been considered by the Council of Ministers.