|President Of India In Details|
Executive head of the state First citizen of inda.
The executive powers vested in the President are to be exercised on the advice of tthe Council of Ministers responsible to the Parliament. The 42nd Amendment to the Constitution has made it obligatory on the part of the President to accept the advice of the Council of Ministers.
Qualifications of President
1. Must be a citizen of India.
2. Completed 35 years of age.
3. Eligible to be a member of Lok Sabha.
4. Must not hold any office of profit under the Union Government or any State Government or any local authority or any other public authority.
Election of President
- The Constitution provides for the election of the Presient by the system of proportional representation by means of the single transferable vote. The voting is by Secret Ballot.
- The provisions dealing with the election of the president are provided in Articles 54 and 55 and the President and the Vice-president (Elections) Act of 1952.
- The president is elected not directly by people, but by the members of an electoral college consisting of
a. the elected members of both the Houses of Parliament.
b. the elected members of the Legislative Assemblies of the State.
c. the elected members of the Lagislative Assemblies of the Union Territories of Delhi and Puducherry.
- Article 55 provides the formulae to workout the value of vote of a MLA and that of an MP.
- Value of the vote of an MLA = population of the state / total elected members of the Atate Legistature * 1/1000
- This means that value of the vote of an MLA differs from one state to another.
- Value of the vore of an MP = value of votes of total MLAs f all states and UTs/ Total elected members of the Parliament
- To be declared elected to the office of the President, more than 50% of the valid votes are required by a Presidential candidate.
- The Supreme Court is the authority to decide disputes regarding President’s election.
In the History of Presidential election, V.V. Giri is the only person who won the election of the President as an independent candidate in 1969.
In july 1977, Neelam Sanjeeva Reddy was elected unopposed as no one else filed nomination for the post of the President.
Takes OATH in presence of Chief Justice of India, or in his absence, senior most judge of Supreme Court.
- 5 years term.
- Article 57 says that there is no upper limit on the number of times a person can become President.
- Can give resignation to Vice- President before full-term.
- Articles 56(1) (b) and 61 provide for the impeachment of the President. Keeping in mind the dignity of the office, deliberate provisions were inserted to make the removal difficult.
- The President can be impeached on the grounds of violation of the Constitution and has to be informed in writing 14 days in advance about the intention to initiate impeachment proceedings. The impeachment motion can be brought about in the form of resolution in either House of the Parliament, where it has to be signed by one-fourth of the total number of members of the house. After the impeachment motion is passed by a majority of two-thirds of the total membership of that house, it is sent to the other house, which should investigate the charges. The President can present his case or defend himself during the investigation of impeachment charges.
- If the charges are proved and the motion is passed by a two-third majority in the second chamber also, the President, is considered removed from that time and day. an impeachment is a quasi-judicial procedure in the Parliament. The nominated members of either House of Parliament can participate in the impeachment of the President, though they do not participate in his election.Also, the elected members of the Legislative Assemblies of States and the Union Territoreis of Delhi and Puducherry do not participate in the impeachment of the President thought they participate in his election. No President has been impeached so far.
- In case the office falls vacant due to death, resignation or removal, the Vice-President acts as President. If he is not available then Chief Justice, if not then senior-most judge of Supreme Court.
- The election is to be held within 6 months of the vacancy.
- Only once in the History of India, Justice M. Hidayatullah, Chief Justice of Supreme Court , discharged the duties of the President in 1969.
- Justice Hidayatullah is the only person to perform the functions of the president two times in two different capacities, the first time in 1969 being the Chief justice of the Supreme Court and the second time begin the Vice-President of India in 1982.
Powers of President
Appoints PM, Ministers, Chief Justice & Judges of Supreme Court and High Courts, Chairman and Members of UPSC, Comptroller and Auditor General, Attorney General, Chief Election Commissioner and Other Members of Election Commission, Governors, Members of Finance Commission, Ambassadors ect.
He directly administers the Union Territories through the Lt. Governor, Commissioner or Administrator.
Can summon and prorogue the sessions of the 2 houses and xan dissolve Lok Sabha.
Can address both the houses jointly / separately.
Addresses the first session after general elections end at the commencement of the first session of each year.
Can send messages to both the Houses, whether with respect to a Bill pending in the Parliament or otherwise.
Can appoint any member of the Lok Sabha to preside over its proceedings when both the ofices of Speaker and the Deputy Speaker fall vacant simultaneously (same way in Rajya Sabha also).
Nominates 12 members to Rajya Sabha.
Nominates 2 members of Anoglo-Indian community in Lok Sabha if they haven’t
received adequare representation.
Decides on the questions as to the qualifications of the MPs, in consultation with the Election Commission.
His prior recommendation or permission is needed to introduce certain types of Bills in the Parliament. e.g., a Bill for the formation of new states or alteration of boundaries of a state, a Money Bill etc.
When a Bill is sent to the President after it has been passed by the Parliament, he can
1. Give his assent to the Bill
` 2. Withhold his assent to the Bill
3. Return the Bill (if it is not a Money Bill or a Constitutional Amendment Bill) for reconsideration of the Parliament, althiought only once.
President has the power to veto with respect to the Bills passed by the Parliament. He enjoys three types of veto powers
1. Absolute Veto : Withholding the assent to the Bill. Normally, it is exercised only in the case of pricate member’s Bill. In the case of a Government Bill, a situation may however be imagined where, after the passage of a Bill and before it is assented to by the president, the ministry resigns and new council of ministers advices the President to use his veto power against the Bill.
2. Suspensive Veto : It is exercised when instead of refusing hs assent outrightly to a Bill, the President returns the Bill or part of it for the reconsideration and the Parliament makes it obligatory on him to give his assent to it. In this case, the veto power is merely of suspensive nature.
3. Pocket Veto : Since the Constitution does not provide any time limit within which the President is to declare his assent or refusal, the President could exercise this veto by not taking any action for an indefinite time but if the ministry has a strong backing in Parliament, it would not be possible for him to do so. Pocket Veto was used in 1986 by the then President Giani Zail Singh in the Postal Bill.
Can enact laws through ordinance when the parliament is in recess (Article 123). These ordinances must be passed by Parliament within 6 weeks of reassembly.
Lays the report of the Comptroller and Auditor General, UPSC, the Finance Commission and orhers, before the Parliament.
All money bills can originate in Parliament only on recommendation of President.
No demand for a grant can be made execept on his recommendation.
He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure.
Appoints Finance Commission that recommends distribution of taxes between Union and State governments.
The President’s pardoning power comprises a group of analogous powers
1. Pardon : It rescinds both the sentence and the conviction and completely absolves the offender from all punishments and disqualifications.
` 2. Reprieve : It means a stay of execution of sentence pending a proceeding for pardon or commutation.
3. Remission : The power of remission reduces the amount of sentence without changing its character. e.g., a sentence of imprisonment for one year may be remitted for six months.
4. Respite : The power to grant respite means awarding a lesser sentence instead of the prescribed penalty in view of some special facts. e.g., pregnancy of the woman offender.
5. Commutation : It merely substitutes one form of the punishment for anothe of a lighter character – death by transpotation, transportation by rigorous imprisonment, rigorous imprisonment by simple imprisonment and simple imprisonment by fine and so on.
Appoints the Chief Justice and the Judges of the Supreme Court and High Courts.
He is the Supreme Commander of the Defence Forces of India.
Appoints Chiefs of Army, Navy and Air Force.
Declares wars and concludes peace subject to the approval of the Parliament.
Represents country in international forums.
Sends ambassadors and receives diplomats.
International treaties and agrements are concluded on his behalf.
President of India (1950- till date)
- Dr. Rajendra Prasad (26.01.1950 – 13.05.1962) First President and also had the longest tenure (12 years).
- Dr. S Radhakrishnan (13.05.1962 – 13.05.1967) was also the first Vice-President of India.
- Dr. Zakir Hussain (13.05.1967 – 03.05.1969) shortest tenure, First Muslim President, First President to die in harness. W Giri (vice-president) (03.05.1969 – 20.07.1969) First acting President of India.
- Justice M Hidayat-ul-lah (20.07.1969 – 24.08.1969) was also the Chief Justice of India.
- V V Giri (24.08.1969 – 24.08.1974)
- F Ali Ahmed (24.08.1974 – 11.02.1977) died in Office. BD Jatti (11.02.1977 – 25.07.1977) Acting President.
- N Sanjeeva Reddy (25.07.1977 – 25.07.1982) Yongest President (64 years).
- Giani Zail Singh (25.07.1982 – 25.07.1987) First Sikh President.
- R Venkataraman (25.07.1987 – 25.07.1992) Oldest President 76 years.
- Dr. SD Sharma (25.07.1992 – 25.07.1997) KR Narayanan (25.07.1997 – 25.07.2002) First Dalit President.
- Dr. APJ Abdul Kalam (25.07.2002 – 25.07.2007) First Scientist to become President.
- Mrs. Pratibha Patil (25.07.2007 – 25.07.2012) First Woman to become President.
- Pranab Mukherjee (25.07.2012 – 25.07.2017)
- Ram Nath Kovind (25.07.2017 – 25.07.2022 )
- Draupadi Murmu (25.07.2022 – till date)