The President of India

Based on the provided sources, here is a comprehensive explanation of the President of India, including their appointment, powers, impeachment, and roles, with references to the relevant articles of the Constitution of India.

The Office and Status of the President

The Constitution of India establishes the office of the President of India. The President is the head of the Union of India. India is a parliamentary democracy with a federal character. A fundamental distinction in parliamentary systems is between the head of state and the head of government. In India, the President is the head of the State, while the Prime Minister is the head of government.

The President does not inherit the office but is indirectly elected by the people. This is consistent with India's republican character. While the executive power of the Union is vested in the President, who may exercise it directly or through subordinate officers in accordance with the Constitution, the system generally operates with the executive power being exercised by the Prime Minister and their council of ministers. The President is often described as largely ceremonial, holding a position of "great authority and dignity" but "no 'real power'" in the sense of personal discretion in most matters.

The President is also a part of the Indian Parliament, which consists of the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People).

Appointment (Election) of the President

Article 52 of the Constitution states that there shall be a President of India. The President is elected by the members of an electoral college. Article 54 specifies that this electoral college consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States. The manner of the President's election is detailed in Article 55.

To be eligible for election as President, a person must satisfy the qualifications outlined in Article 58. These qualifications include being a citizen of India, having completed the age of thirty-five years, and being qualified for election as a member of the House of the People. Additionally, a person is not eligible if they hold any office of profit under the Government of India, the Government of any State, or under any local or other authority subject to the control of such governments. However, the President, Vice-President, Governor of any State, or a Minister for the Union or any State are not deemed to hold an office of profit for this purpose. The conditions of the President's office, as per Article 59, include that the President shall not be a member of either House of Parliament or of a State Legislature, and if a member of any such House is elected President, they are deemed to have vacated their seat upon entering office.

The President holds office for a term of five years from the date they enter upon their office. A person who holds, or has held, the office is eligible for re-election, subject to other constitutional provisions (Article 57). Rules regarding eligibility and the electoral method are provided in detail in the Constitution. Doubts and disputes arising out of or in connection with the election of a President or Vice-President are inquired into and decided by the Supreme Court, whose decision is final (Article 71).

Powers and Functions of the President

The executive power of the Union is vested in the President and is exercised in accordance with the Constitution. This executive power extends to matters with respect to which Parliament has the power to make laws (Article 73), including matters related to treaties and agreements.

While executive power formally vests in the President and is exercised in their name, the constitutional practice is that the President acts on the "aid and advice" of the council of ministers headed by the Prime Minister (Article 74). This principle is considered "all pervasive", making it constitutionally improper for the President not to seek or be guided by ministerial advice. Early in the republic's history, there were interpretive skirmishes between President Rajendra Prasad and Prime Minister Jawaharlal Nehru regarding the scope of Presidential authority and discretion, with Prasad seeing a role for the President in state affairs and Nehru not. Prasad argued that the Constitution did not explicitly state the President was bound by ministerial advice, unlike the King. However, arguments emphasizing Article 74 and conventional limitations prevailed, establishing that the President does not have 'real power' in the sense of personal discretion in most matters. The President cannot dissolve Parliament without the advice of the Prime Minister. The President cannot set himself up as an "umpire" between states and the Union Government, nor can the President give or withhold assent from Bills based on a 'revisional or appellate authority over the Cabinet'.

Despite the convention of acting on ministerial advice, the President holds a range of significant powers and functions:

1. Executive Powers:

   • The executive power of the Union is vested in the President.

   • The supreme command of the Defence Forces of the Union is vested in the President (Article 53).

   • All executive action of the Government of India is expressed to be taken in the name of the President (Article 77).

   • The President appoints the Prime Minister and other ministers are appointed by the President on the Prime Minister's advice (Article 75). Ministers hold office during the pleasure of the President.

   • The President appoints the Attorney-General for India (Article 76) and the Comptroller and Auditor-General of India (Article 148).

   • The President appoints the Chief Justice of India and other Supreme Court Judges (Article 124(2), 126) and High Court Judges (Article 217(1)).

   • The President determines the conditions of service and tenure of office for the Chairperson, Vice-Chairperson, and Members of the National Commission for Scheduled Tribes (Article 338A).

   • The President may make provision for the discharge of the functions of a Governor of a State in any contingency not provided for in the Constitution (Article 160).

   • In Union Territories with a Legislative Assembly, the Chief Minister is appointed by the President, and other Ministers are appointed by the President on the Chief Minister's advice, holding office during the pleasure of the President (Part VIII).

   • The President may, with the consent of a State Government, entrust functions related to the executive power of the Union to that State or its officers (Article 258).

2. Legislative Powers:

   • The President is a part of Parliament (Article 79).

   • The President summons each House of Parliament to meet, can prorogue the Houses or either House, and can dissolve the House of the People (Lok Sabha) (Article 85).

   • The President has the right to address and send messages to either House of Parliament or both Houses assembled together (Article 86).

   • The President has the power to promulgate Ordinances when Parliament or either House is not in session, if satisfied that circumstances require immediate action (Article 123). These Ordinances have the same force and effect as an Act of Parliament.

   • The President makes rules for the more convenient transaction of the business of the Government of India and for the allocation among Ministers of said business (Article 77(3)). These rules have statutory force.

   • Recommendation of the President is required for introducing certain Bills in Parliament, such as a Bill to alter the area, boundaries, or name of any State (Article 3) or certain financial Bills (Article 117). Prior recommendation of the President is also required for Bills affecting taxation in which States are interested (Article 274).

   • Previous sanction of the President is needed for a State Legislature Bill aiming to make certain provisions related to trade, commerce, and intercourse within the territory of India (Article 304).

   • The President may by order direct that existing laws inconsistent with certain trade/commerce articles (301, 303) shall not be affected, or prevent Parliament/State Legislature from making certain laws related to state monopolies (Article 305).

   • The President may by public notification extend any enactment in force in a State in India to Sikkim with restrictions or modifications (Article 371F).

3. Financial Powers:

   • The President causes the annual financial statement (Budget) to be laid before both Houses of Parliament (Article 112).

   • Recommendation of the President is required for certain financial Bills (Article 117, 274).

   • The form of accounts of the Union and of the States is prescribed by the President on the advice of the Comptroller and Auditor-General of India (Article 150).

4. Judicial Powers:

   • The President appoints Supreme Court Judges (Article 124(2), 126) and High Court Judges (Article 217(1)).

   • The President has the power to consult the Supreme Court on any question of law or fact of such nature and public importance that it is expedient to obtain the Court's opinion (Article 143). The Court may, after hearing, report its opinion to the President.

   • Motions in Parliament for removing a Supreme Court or High Court Judge involve presenting an address to the President praying for the removal (Article 121).

5. Emergency Powers:

   • The President has the power to proclaim a National Emergency when the security of India or any part thereof is threatened by war, external aggression, or armed rebellion (Article 352). During such an emergency, the Union gains significant powers over the States. The President can also suspend the right to freedom (Article 19) and restrict access to courts for enforcing fundamental rights (except Articles 20 and 21).

   • The President can assume to himself all or any of the functions of the State Government and powers of the Governor under emergency provisions (Part XVIII).

6. Other Powers/Roles:

   • Members of Parliament make an oath or affirmation before the President or a person appointed by him (Article 99).

   • The President decides questions regarding the disqualifications of members of Parliament (Article 103), consulting the Election Commission and acting according to its opinion.

   • The Comptroller and Auditor-General's reports relating to the accounts of the Union are submitted to the President, who causes them to be laid before each House of Parliament (Article 151). Similarly, reports of the National Commission for Scheduled Tribes are laid before Parliament by the President.

   • The President may appoint a Commission to report on the administration of Scheduled Areas and the welfare of Scheduled Tribes in the States (Article 339).

   • The President specifies which castes, races, or tribes are considered Scheduled Castes (Article 341) and Scheduled Tribes (Article 342), although this power is exercised on the aid and advice of the cabinet.

   • The President formerly recognised Rulers of Indian States, but this recognition ceased after the Constitution (Twenty-sixth Amendment) Act, 1971 (Article 363A).

   • The President may by order declare any State not to be a foreign State for specified purposes, subject to Parliament law (Article 367(3)).

   • The President had specific powers related to Jammu and Kashmir under Article 370, including applying constitutional provisions with modifications or declaring the article inoperative.

   • The President causes the authoritative text of the Constitution in Hindi to be published (Article 394A).

   • The accounts of District and Regional Councils in certain Scheduled Areas are kept in a form prescribed by the Comptroller and Auditor-General with the President's approval (Sixth Schedule).

While the President enjoys some discretion, its precise boundaries remain disputed. However, in most cases, the President acts on the advice of the council of ministers. Some sources highlight the President's role as largely formal or ceremonial, with real power residing with the Prime Minister and Cabinet.

Impeachment of the President

The President can be removed from office through impeachment. Article 61 outlines the procedure for the impeachment of the President for violation of the Constitution.

The impeachment process begins in either House of Parliament. A resolution to impeach the President may be initiated if one-quarter of the total members of that House agree to move it. Once moved, the resolution must be approved by a majority of not less than two-thirds of the total membership of that House.

After being approved by the first House, the resolution is sent to the other House. This second House must then investigate the charges mentioned in the resolution. The President has the right to appear and be represented during this investigation.

If, after the investigation, the second House also approves the resolution by a majority of not less than two-thirds of the total membership of that House, the President stands impeached. Effectively, the President is removed from office if two-thirds of the total memberships of both Houses of Parliament agree to do so. This bar for impeachment is considered high, higher even than the support required for most constitutional amendments (Article 368(2)).

If the office of President becomes vacant due to death, resignation, or removal by impeachment, the Vice-President acts as President until a new President is elected.

The President is provided protection from court proceedings during their term of office (Article 361). However, the President's conduct can be brought under review by any court, tribunal, or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61.

Roles of the President

The President of India fulfills several key roles:

1. Head of State: As the head of the Union, the President is the formal head of the State. This role is distinct from the head of government. The President represents the State in all international matters and may enter into agreements, conventions, or treaties that are binding upon the State in international law.

2. Part of Parliament: The President is an integral component of the Indian Parliament (Article 79). The President's assent is required for Bills passed by Parliament to become law. The President also plays a role in summoning and dissolving Parliament and addressing the Houses.

3. Formal Head of the Executive: The executive power of the Union is vested in the President (Article 53). While this power is largely exercised on the advice of the Council of Ministers, executive actions are formally taken in the President's name (Article 77).

4. Custodian of the Constitution: While not explicitly stated as a single role, the impeachment provision for 'violation of the Constitution' (Article 61) implies a duty to uphold the Constitution. The President's oath includes preserving, protecting, and defending the Constitution and the law. Early debates highlighted the tension between the President's role and the parliamentary system, particularly concerning the extent of Presidential discretion and interaction with the cabinet and Prime Minister.

5. Role in Federalism and Emergency: The President has significant powers relating to the States, including appointing Governors, making provisions for their functions in certain contingencies, and having a role in approving Bills affecting State interests. The President's emergency powers (Article 352) provide the Union with centralized control in extraordinary situations. The President also had unique powers concerning the constitutional relationship with Jammu and Kashmir.

In summary, the President of India is the indirectly elected head of state, formally vested with the executive power of the Union and serving as a component of Parliament. While most powers are exercised on the aid and advice of the council of ministers, the office holds significant constitutional responsibilities and powers, particularly in matters related to appointments, legislation (including ordinances and assent), finance, and emergencies, and can be removed from office through a rigorous impeachment process for violation of the Constitution.