Constitutional Powers & Position of President of India

8/10/2019 Constitutional Powers & Position of President of India

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CONSTITUTIONAL POWERS &

POSITION OF PRESIDENT OF INDIA

JAI NARAIN VYAS UNIVERSITY Page -1 -

Like a sailor without a compass or a night traveler without a lamp,I would have not been able to achieve my goals & objectives in the

project without the invaluable help & guidance provided by Mr.

M.K.VYAS, Faculty of Law, J.N.V.U, Jodhpur. I express my deep

gratitude & thanks to him for his support. The credit of my success

in completing this project goes to him & Ill be always greatful to

him.

I am also thankful to my family and friends for the timely supportand encouragement provided to me by them, which also proved to

be instrumental in fulfilling the endeavour.

Once again I thank all those who have helped me in completion of

this project.


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ONTENTS

1 Origin

2 Selection Process

o 2.1 Qualification

o

2.2 Conditions for Presidents Office

o 2.3 Emoluments & Allowances of President

o 2.4 Election of President

o 2.5 Disputes regarding the election

o 2.6 Oath by the President

o 2.7 Term of Office of the President

3 Powers and Duties

o 3.1 Legislative powers

o

3.2 Article 52 Executive powers

3.2.1 Financial powers

3.2.2 Judicial powers

3.2.3 Diplomatic powers

3.2.4 Military powers

o 3.3 Emergency powers

3.3.1 National emergency

3.3.2 State emergency

3.3.3 Financial emergency

o 3.4 Ordinance-Making power

4 Position of the President

5 Removal of President

6 Presidential Standard
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THE PRESIDENT

The President of India, (Hindi: ,Sanskritlit.Lord of the realm) is

the head of stateand first citizen of India,as well as theSupreme Commander

of the Indian Armed Forces.Despite Article 53 of the Constitution stating the

President can exercise their powers directly, with few exceptions, all of the

authority vested in the President is practice exercised by the Council of

Ministers,headed by the Prime Minister.

Article 52 of the Constitution says that there shall be a president of India. He is

the head of the state. The executive power of the union Article 53says shall be

vested in the President and it shall be exercised by him in accordance with the

constitution either directly or through officers subordinates to him. It has been

held in Emperor v. Sibnath Banerjee,1 that the expression officerssubordinate

to himincludes a minister also.

The President is elected, from a group of nominees, by the elected members of

the Parl iament of I ndia (Lok Sabha and Rajya Sabha) as well as of thestate

(Vidhan Sabhas), and serves for a term of five years. Historically, ruling party

(majority in the Lok Sabha) nominees have been elected and run largely

uncontested.I ncumbents are permitted to stand for re-election.

The president of India resides in an estate inNew Delhiknown as theRashtrapati

Bhavan(which roughly translates as President's Abode). The presidential retreat

is The Retreat in Chharabra,Shimla and Rashtrapati N il ayam (President's

Place) in Hyderabad.

Air I ndia onealso known as " Rajdootis the official aircraft of the President of

India.

1.AIR 1954 SC 156 at p. 163.
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1 Origin

India became formally independent from the United Kingdom dominion. This

was a temporary measure, however, as the continued existence of ashared monarch in the Indian political system was not considered by

some appropriate for a truly sovereign nation. The first Governor

General of India, Lord Mountbatten,was also the last British Viceroyof India before independence. He soon handed power over to C.

Rajagopalachari, who became the only ethnically Indian governor

general. In the meantime, the Constituent Assembly led by Dr.

Rajendra Prasad . The drafting was finished on 26 November 1949,

and the Constitution was formally adopted on 26 January 1950 adate of symbolic importance as it was on 26 January 1930, that Indian

National Congress celebrated complete independence in the Lahore

Session. When the constitution took effect, the Governor General andKing was replaced by an elected president, withRajendra Prasad

serving as the first President of India.

With the Constitution of India coming into effect on 26 January 1950,

under Article 52, Part V, the office of the President of India was established,

with Dr. Rajendra Prasad as its first occupant.

2 Selection Process

2.1 Qualification - Article 58 lays down the qualification which aperson must possess for being elected to the office of the president of India.

a) He must be a citizen of India.b) He must have completed the age of 35 year.c)

He must be qualified for election as a member of the House of the People (i.e.he must be registered as a voter in any parliamentary constituency).

2d) He must not hold any officeof profit under the Government of India, or the

Government of any state or under any local or other authority subject to the

control of any of the said Governments.

2.Section 4, Representation of the People Act, 1951.
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But the following persons shell not be deemed to hold any office or profit and

hence qualified for being a candidate for President Ship. They are (a) the

President and Vice president of the Union, (b) the Government of any State, (c)

the Minister of the Union or of any State [Act 58].

2.2 Condition of Presidents Office - Article 59 says that thepresident cannot be a member of either House of the Legislature of any state if a

member of either House of Parliament or of a state Legislature is elected

President he shall be deemed to have vacated his seat in that House on the date on

which he enters upon his office as President. The President shall not hold any

other office of profit.

2.3 Emoluments and allowances of President - ThePresident of India used to receive 10,000 (US$200) per month as per theConstitution. This amount was increased to 50,000(US$1,100) in 1998. On

September 11, 2008 the Government of India increased the salary of the

President to 1.5 lakh (US$3,300). However, almost everything that the President

does or wants to do is taken care of by the annual 225 million (US$5 million)

budget that the Government allots for his or her upkeep.3

2.4 Election of President - The president of India is not directlyelected by the people Act 54 provides that the president shall be elected by an

electoral college consisting of:

a) The elected members of both Houses of parliament; and

b) The elected member of the Legislative Assemblies of the states.

The Constitution (70th

Amendment ) Act,1992 has added a new explanation to

Act.54 which provides that the word State includes the National Capital

Territory of Delhi and the Union territory of Pondicherry. This means that the

M.L.As of the National territory Delhi and the Union territory will be included in

the electoral college of the President.

3. "President gets richer, gets 300 pc salary hike". CNN-IBN. 09/11/2008.

http://www.ibnlive.com/news/president-gets-richer-gets-300-pc-salary-hike/73365-html?from=rssfeed. Retrieved 2008-09-11.
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The nominated members of the above Houses at the Center and the states do not

have voting rights in the election of the President. The election of the President

shall be held in accordance with the system of proportional representational by

means of the signal Constitution Provides that as far as practicable there shall

be uniformity in the scale of representation among the state inter se as well asparity between the states as a whole and the Union at the election of the

president [Act 55(1)]. For the purpose of securing such uniformity among the

state and parity between the Union and states the following Formula is adopted:

Every elected member of the Legislative Assembly of state shall have as many

votes as there are multiples of 1000 in the quotient obtained by dividing the

population of the state by the total number of the elected members of Assembly.

If, by this division the remainder is 500 or more it will be counted as one and the

vote of each member is increased by one. Thus the number of votes which anM.L.A. is entitled to cast in the Presidential election is based on the ratio of

population of the state.

The number of votes which each elected Member of Parliament is entitled to cast

shall be obtained by dividing the total number of votes of the Legislative

Assemblies of all the state obtained under the above formula by the total number

of the elected members of both House of parliament. If by this division the

remainder exceeds one-half it will be counted as one. This formula secures parity

of votes between the members of parliament and of the Legislative Assemblies of

the states.

Mode of votingUnder the Constitution the election of the president must be

held in accordance with the system of proportional representation by means of the

single transferable vote. The system adopted for voting is secret ballot.

2.5 Disputes regarding the election-Article 71 provides that alldoubts and disputes arising out of or in connection with the election of the

President or vice president shall be inquired into and decided by the Supreme

Court whose decision shall be final But if election or the President is declaredvoid by the Supreme Court acts done by President or Vice- President in the

exercise of their Powers before the date of decision of the Supreme Court shall

not be invalidated by reason of that declaration . Under Act 71(3), Parliament

may by law regulate any matter relating to the election of the President or Vice-

President. Act.71 (4) marks it clear that the election of the President or Vice-


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President cannot be challenged on the ground of existence of any vacancy for

whatever reason in the Electoral College electing him.

InDr. N.B. Khare v. Election Commissioner India,4the Petitioner challenged the

holding of the election on the ground that since the general election in certainparts of Punjab and Haryana had not taken place and the Electoral College as

envisaged by Acts. 54 and 55 for that purpose would be incomplete. Therefore the

election of the president should be postponed until the completion of the election

i.e. after the candidate is declared elected. Article 71 (4) which was added by the

11th

Amendment makes it clear that the election of the President or Vice-

president cannot be challenged on the ground that there exists any vacancy in a

particular electoral college for whatever reasons.

2.6 Oath by the President According to Article 60, beforeentering upon his office, the President has to take an oath or an affirmation in thepresence of the Chief Justice of India, or, in his absence, the senior most Judge of

the Supreme Court available, to preserve, protect and defend the Constitution

and the law and to devote himself to the service and well- being of the people of

India.

2.7 Term of office of the President Article 56 says that thePresident shall hold office for a term of five years from the date on which he

enters upon his office. Even after the expiry of his term he shall continue to holdoffice until his successor enters upon his office. He is also eligible for re-election.

He may be elected for any number of terms. But in America after 22nd

Amendment to the U.S.A. Constitution a person cannot be elected to the office of

the President more than twice. The President in India may, however, resign his

office before the expiry of his normal term of five years by writing to the Vice-

President. He may be removed from his office for the violation of the

Constitution by the process of impeachment.

4.AIR 1957 SC 694 : 1957 SCR 1081.


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3 Powers and Duties

3.1 Legislative powers

The President summons both houses of the Parliament and prorogues them. He

or she can even dissolve the Lok Sabha. These powers are formal, and by

convention, the President uses these powers according to the advice of the

Council of Ministers headed by thePrime M ini ster.

They inaugurate the Parliament by addressing it after the general elections and

also at the beginning of the first session each year. Their address on these

occasions is generally meant to outline the new policies of thegovernment.

A bill that the Parliament has passed can become a law only after the Presidentgives his/her assent to it. The President can return a bill to the Parliament, if it is

not a money bill, for reconsideration. However, if the Parliament sends it back to

them for the second time, the President is obliged to 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.

Hung ParliamentIn the event of a hung parliament, where no party has absolute

majority in the Lok Sabha, the President invites parties to command the required

support and form the government. If the majority is still not achieved he can call

for a new election.

3.2 Executive powers

Article 52 Executive powers

The Constitution vests in the President of India all the executive powers of the

Central Government. The President appoints the Prime M ini sterthe person most

likely to command the support of the majority in the Lok Sabha (usually the

leader of the majority party or coalition). The President then appoints the other

members of the Council of Ministers, distributing portfolios to them on the advice

of the Prime Minister.
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The Council of Ministers remains in power during the 'pleasure' of the President.

In practice, however, the Council of Ministers must retain the support of the Lok

Sabha. If a President were to dismiss the Council of Ministers on his or her own

initiative, it might trigger aconstitutional cri sis.Thus, in practice, the Council of

Ministers cannot be dismissed as long as it commands the support of a majority inthe Lok Sabha.

The President is responsible for making a wide variety of appointments. These

include:

Governors ofStates

The Chief Justice, other judges of the Supreme Cour t and H igh Courts

of I ndia.

The Attorney General

The Comptroller and Auditor General

The Chief Election Commissioner and other Election Commissioners

The Chairman and other Members of the Union Public Service

Commission

Ambassadors and High Commissioners to other countries.

The President also receives the credentials of Ambassadors and High

Commissioners from other countries.

The President is the de jureCommander in Chief of theI ndian Armed Forces.

The President ofIndia can grant a pardon to or reduce the sentence of a

convicted person for one time, particularly in cases involving punishment of

death.

The decisions involving pardoning and other rights by the president are

independent of the opinion of the Prime Minister or the Lok Sabha majority. In

most other cases, however, the President exercises his or her executive powers on

the advice of the Prime Minister.

3.2.1 Financial powers

All Money Bills can originate in Parliament only if the President recommends it.

He causes Annual Budget and supplementary Budget before Parliament. No

Money Bill can be introduced in Parliament without his Assent. The President

appoints a finance commission every five year.
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3.2.2 Judicial powers

The president appoints the Chief Justice of the Union Judiciary and other judges

on the advice of the Chief Justice. The President dismisses the judges if and only

if the two Houses of the Parliament pass resolutions to that effect by two-thirdsmajority of the members present.

If they consider a question of law or a matter of public importance has arisen they

can ask for the advisory opinion of the Supreme Cour t. They may or may not

accept that opinion.

She/he has the right to grant pardon. She/he can suspend, remit or commute the

death sentence of any person. He or She enjoys the judicial immunity:

No criminal proceedings can be initiated against him/her during his term in

office.

She/he is not answerable for the exercise of his duties

Under Article 72 President has power to grant pardons, reprieves, respites or

remission of punishment or to suspend. Remit or commute the sentence of any

person convicted of any offence (1) by Court Martial: (2) anoffence against any

law relating to a matter to which the executive power of the Union extends: or (3)

in all cases in which the sentence is one of death.The object of conferring the

judicial power on the President is to correct possible judicial errors, for nohuman system of judicial administration can be free from imperfections.

5

Commutation means exchange of one thing for another. Here it means

substitution of one form of punishment for another of a lighter character, e.g., for

rigorous imprisonment- simple imprisonment.Remissionmeans reduction of the

amount of sentence without changing its character, e.g., a sentence of one year

may be remitted to six months. Respitemeans awarding a lesser punishment on

some special grounds, e.g., the pregnancy of a woman offender. Reprievemeans

temporary suspension of death sentence, e.g., pending a proceeding for pardon or

commutation. InMaru Ram v. Union of India6, it has been held that in exercising

the pardoning power the object & the spirit of Section 43- A of Cr.P.C. must be

kept in view. The power to pardon is exercised by the president on the advice of

the Council of the Ministers.

5.BasuIntroduction to the Constitution of India, Part2nd,

p.21, [3rd

Ed.]

6. [1981] 1 SCC 107
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3.2.3 Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf

of the President. However, in practice, such negotiations are usually carried out

by the Prime Minister along with his Cabinet (especially the Foreign Minister).Also, such treaties are subject to the approval of the Parliament. The President

represents India in international forums and affairs where such a function is

chiefly ceremonial. The President may also send and receive diplomats like

Ambassadors and High Commissioners.

3.2.4 Military powers

The President is the supreme commander of the defense forces of India, in this

capacity the president can appoint Army, Navy and Air Chiefs. The President candeclare war or conclude peace, subject to the approval of parliament only under

the decision of the Council of Ministers. All important treaties and contracts are

made in Presidentsname.

3.3 Emergency powers

The President can declare three types of emergencies: national, state and

financial:

3.3.1 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), 1971 (Indo-Pakistan war), 1975 to 1977

(declared byI ndira Gandhion account of "internal disturbance").

Under Article 352 of the India Constitution the President can declare such an

emergency only on the basis of a written request by the Council of Ministers

headed by thePrime M ini ster. Such a proclamation must be approved by theParliament within one month. Such an emergency can be imposed for six months.

It can be extended by six months by repeated parliamentary approval, up to a

maximum of 3 Years.
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In such an emergency,Fundamental Rights of I ndian citizenscan be suspended.

The six freedoms under Right to Freedom are automatically suspended.

However, the Right to Life and Personal Liberty cannot be suspended.

The Parliament can make laws on the 66 subjects of the State List (whichcontains 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 up to one year, but not so as to extend the

term of Parliament beyond six months after the end of the declared emergency.

3.3.2 State emergency

State emergency, also known asPresident' s rule,is declared due to breakdown of

constitutional machinery in a state.

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/she can declare a

state of emergency in the state. Such an emergency must be approved by the

Parliament within a period of six months.

Under Article 356 of the Indian Constitution, it can be imposed from six monthsto a maximum period of three years with repeated parliamentary approval every

six months. If the emergency needs to be extended for more than three years, this

can be achieved by a constitutional amendment,as has happened inPunjaband

Jammu and Kashmi r.

During such an emergency, the President can take over the entire work of the

executive, and the Governor administers 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.

On 19 January 2009, President's rule was imposed on the Indian State of

Jharkhand making it the latest state where this kind of emergency has been

imposed.
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A State Emergency can be imposed via the following:

By Article 356:-If that state failed to run constitutionally i.e. constitutional

machinery has failed.

By Article 365:-If that state is not working according to the given direction ofthe Union Government.

This type of emergency needs the approval of the parliament within 2 months.

This type of emergency can last up to a maximum of 3 years via extensions after

each 6 month period. However, after one year it can be extended only if:

A state of National Emergency has been declared in the country or in the

particular state.

The Election Commission finds it difficult to organize an election in that

state.

3.3.3 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/she can proclaim financial

emergency as per the Constitutional Ar ticle 360. Such an emergency must be

approved by the Parliament within two months. It has never been declared. On a

previous occasion, the financial stability or credit of India has indeed been

threatened, but a financial emergency was avoided through the selling off ofIndia's gold reserves. A state of financial emergency remains in force indefinitely

until revoked by the President.

In case of a financial emergency, the President can reduce the salaries of all

government officials, including judges of theSupreme Cour t and H igh Courts.

All money bills are passed by the State legislatures is submitted to the President

for his approval. They can direct the state to observe certain principles (economy

measures) relating to financial matters.

3.4 Ordinance-Making Power of the President- Act.123

The most important legislative power of the President is his Ordinance-making

power. If at any time, when both houses of the Parliament are not in session and

the President is satisfied that circumstances exists which render it necessary for
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him to take immediate action, he may issue such Ordinances as the circumstances

appear to him to require. The Ordinance issued by him shall have the same forces

as an Act of Parliament. Such Ordinances, however, must be laid before both

Houses of Parliament & shall cease to operate, at the expiry of six weeks from the

date of re-assembly of Parliament, unless a resolution disapproving it is passed byboth Houses before the expiration of six weeks. The President may, if he likes,

withdraw such an Ordinance at any time. An Ordinance promulgated under

Act.123 is a law having the some force & effect as an Act of Parliament. It cannot

be treated as an executive action or an administrative decision. The Ordinance-

making power has been vested in the President to deal with unforeseen or urgent

matters.

An Ordinance can be issued only when both the Houses of the Parliament are not

in session. It follows from this that an Ordinance can be issued when only oneHouse is in session because a law cannot be passed by one house alone. It is to be

noted that the satisfaction is not the personal satisfaction of the President. In

reality, it is the satisfaction of the Cabinet on whose advice the President

exercises his Ordinance-making power.

The Ordinance making power of the President is co-extensive with the legislative

power of the Parliament, that is to say, that it may be related to any subject in

respect of which Parliament has power to legislate. Hence, an Ordinance will be

void in so far it makes any provision which under the constitution the Parliament

is not competent to make[CI.(3)]. Thus an Ordinance cannot violate thefundamental rights.

4 Position of the President

Prior to the 42nd

Amendment Act of 1976-Article 53 (1) says that theexecutive power of Union shall be vested in the President and shall be exercised

by him either directly or through officers subordinate to him in accordance with

the Constitution. Originally, Article 74 provided that there shall be a Council of

Ministers with the Prime Minister at the head, to aid and advise the President inthe exercise of his function. Article 74 (2) says that the question whether any, and

if so, what advise was tendered by the Ministers shall be appointed by the

President on the advice of Prime Minister. The Ministers shall hold office during

the pleasure of the President [Act (2)].


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In theJudges Transfercase,7 the Supreme Court has held that though the advice

given by the Council of Minister to the President cannot be inquired into by the

courts but the materials on the basis of which such advice is given are not secret

and can be scrutinized by the Courts.

A purely literal and legalistic interpretation of these Article conveys the

impression that the President, if he so desire, could become a dictator. Article

53(1) leaves a clear scope for the President, if he chooses, to become a real ruler

and not remain mere nominal head of the Union. It is true that there shall be a

Council of Ministers with a Prime Minister as head to aid and advice him in the

exercise of his executive power. But prior to constitution (42nd

Amendment) Act,

1976 there was no clear provision in the Constitution that the President was

bound by ministerial advice.

The President of the Constituent Assembly, Dr. Rajendra Prasad expressed view

in these words Although there is no specific provision of the Constitution itself

making it binding on the President to accept the advice of his Ministers, it is

hoped that the convention under which in England the King always acted on the

advice of his Ministers, would be established in this country also and the

President would become constitutional President in all matters.

The Supreme Court of India has consistently taken the view that the position of

the position of the President and the governors under the Indian Constitution is

similar to the position of the Crown under the British Parliamentary systems.

In U. N. Rao vs. Indira Gandhi,8 the Supreme Court held that even after the

dissolution of Lok Sabha the Council of Ministers does not cease to hold office.

Article 74 (1) is mandatory and, therefore, the President cannot exercise the

executive without the aid and advice of the Council Ministers. Any exercise of

executive power without such aid and advice will be unconstitutional in view of

Article 75 (1). The facts of case were as follow:-After the dissolution of the Lok

Sabha the Prime Minister Smt. Indira Gandhi and her Council of Ministers

continued to hold office. The appellant by writ of quo warranto prayed for

declaration the Prime Minister had no constitutional authority to hold office andto function as Prime Minister. He contended that as soon as the House of the

people was dissolved under Article 83 (2) of the Constitution the Council

Ministers, i.e. the Prime Minister and other Ministers ceased to hold office.

7.S. P. Gupta and other vs. President of India and other,AIR 1982 SC 149.8.AIR 1971 SC 1002.


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According to the appellant this follows from the wording or Article 75 (3) which

provides, the Council of Ministers shall be responsible oh the House of the

People. How can the Council of Ministers shall be collectively responsible to the

House of the People when it is not in existence i.e., if dissolved under Article 83

(2). The Supreme Court held that provisions of Article 75 (3) which envisage thedoctrine of ministerial responsibility has to be harmoniously construed with the

provision of Article 74 (1) and 75 (2). Thus construed, Article 75 (3) applies only

when the House of the People does not stand dissolved or prorogued. It cannot be.

Therefore, be said that on the dissolution of the House people, the Prime Minister

and, other Minister must resign or dismissed by the President.

The framers of the Indian constitution relied more on constitutional conventions

which have developed in England and therefore they did not make any specific

provision that the President was bound to accept the advice of the Council ofMinisters. However, certain important safeguards have also been incorporated in

the Constitution which supports the view that the President was never intended to

be either a dictator or an autocrat. They are:

a) The Council of Ministers is responsible to the Lok Sabha. If the President

ignores the advice of Minister enjoying the confidence of a Parliament it

may resign and create a constitutional crisis. It is obligatory o the President

to have always a Council of Ministers. If the same person again gains

majority and forms a Ministry it would be difficult for the President to

work with the ministry.b) If he dismisses any ministry having solid support of Lok Sabha, they may

bring impeachment of Parliament serves as a deterrent against the President

assuming real power.9

c) The power of taxation, legislation and appropriation of funds from

Consolidated Funds can be made only by Parliaments authorization.

d) The working of the constitution since 1950 has established that President is

a nominal Head of the real executive power vests in the Council of

Ministers.

After the 42ndAmendment Act, 1976-This amendment removes all doubts aboutthe position of the President under the Indian Constitution. It has amended Article

74 of the Constitution which makes it clear that the President shall be bound by

the advice of the Council of Ministers. It says, There shall be a council of

Ministers with the Prime Minister at the head to aid and advice the President who

9. Glad hill-Republic of India. Commonwealth service, 100.


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shall, in exercise of his functions act me accordance with such advice. In view

of the Constitution 42nd

Amendment the President could not play even the role of

an advisor or a guide.

44th Amendment Act, 1978.-This amendment has inserted the followingprovision in clause (1) of Article 74:

Provided that the President may require the Council of the Ministers to

reconsider such advice, either generally or otherwise, and the President shall

act in accordance with the advice tendered after such reconsideration.

This amendment is intended to prevent recurrence of the situation which arose in

1975 when the President had to sign the Emergency Proclamation only on the

advice of the then Prime Minister, Indira Gandhi, without consulting her Cabinet

Colleagues.

It is submitted that it would have ever been intention of the farmers of the

Constitution to make the President a puppet. Though they were clear that the

President would be a constitutional head, but they ever intended that he would a

passive spectator. In view of the oath which he takes under the Constitution to

preserve, protect and defend the constitution and the law and I will devote myself

to the service and well-being of the people of India he is duty bound to advice,

to guide & exert his influence of decisions taken by the Prime Minister. Indeed,

this is the real spirit of the Constitution and it is hoped that the holders of thathighest office would always abide by it.

The 44th

Amendment recognizes this limited but essential role of the President

under the Indian Constitution. But the weak position of the President does not

mean that his office is superfluous. He is symbol of Indian National Unity. He

plays a vital role in working of the Government. Being impartial and above party

politics, he exerts or is likely to exert his influence on the decision of the Prime

Minister. The influence of the President, however, will depend on his sterling

character magnetic personality ad selfless devotion to the Nation. In the ultimate

analysis, M. P. Jain observes, it is the Council of Minister which will prevail andnot the President. The Presidents role at best may be advisory; he may act as the

guide, philosopher and friend to the Minister. But cannot assume to himself the

role of their master-a role which is assigned to the Prime Minister.10

10. M. P. Jain- India Constitutional Law.p.94 (3rd ed. 1978)


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5 Removal of the President

The President may be removed before the expiry of his/her term through

impeachment. A President can be removed for violation of the Constitution ofIndia.11

The process may start in either of the two houses of the Parliament.The house

initiates the process by leveling 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. Theother house investigates the charges that have been made. During this process, the

President has the right to defend himself/herself through an authorizedcounsel.If

the second house also approves the charges made by two-third majority again, the

President stands impeached and is deemed to have vacated his/her office from the

date when such a penalty can be given to the President for the violation of the

Constitution.

No President has faced impeachment proceedings. Hence, the above provisions

have never been tested.

Succession

In the event of a vacancy created for the President's post due to death, resignation,

removal, etc., Article 65 of the [Indian Constitution] says that the Vice President

will have to discharge his duties. The Vice President reverts to his office when a

new President is elected and enters upon his office. When the President is unable

to act owing to his absence, illness or any other cause, the Vice President

discharges the President's functions for a temporary period until the President

resumes his duties.

When the Vice President acts as, or discharges the functions of the President, he

has all the powers and immunities of the President and is entitled to the same

emoluments as the President.

11. Article 56 (1) (b) and Article 61 of the Constitution of India.
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Parliament has by an enactment made provision for the discharge of the

functions of the President when vacancies occur in the offices of the President

and of the Vice President simultaneously, owing to removal, death, resignation of

the incumbent or otherwise. In such an eventuality, the Chief Justice,or in his

absence, the senior most Judge of the Supreme Court of I ndia availabledischarges the functions of the President until a newly elected President enters

upon his office or a newly elected Vice President begins to act as President under

Article 65 of the Constitution, whichever is the earlier.

Important presidential interventions

The President's role as defender of the Constitution, and their powers as Head of

State, especially in relation to those exercised by the Prime Minister as leader of

the government, have changed over time. In particular, Presidents have made anumber of interventions into government and lawmaking, which have established

and challenged some conventions concerning Presidential intervention. Some of

the more noteworthy are documented here.

In 1979, the then Prime Minister, Charan Singh,did not enjoy a Parliamentary

majority. He responded to this by simply not advising the President to summon

Parliament. Since then, Presidents have been more diligent in directing incoming

Prime Ministers to convene Parliament and prove their majority within reasonable

deadlines (23 weeks). In the interim period, the Prime Ministers are generally

restrained from making policy decisions.

The constitution gives the President the power to return a bill unsigned but it

circumscribes the power to send it back only once for reconsideration. If the

Parliament sends back the bill with or without changes, the President is duty

bound to sign it. Since the nineties, Parliamentary elections have generally not

resulted in a single party or group of parties having a distinct majority. In such

cases, Presidents have used their discretion and directed Prime Ministerial

aspirants to establish their credentials before being invited to form the

government. Typically, the aspirants have been asked to produce letters from

various party leaders, with the signatures of all the MPs who are pledging support

to their candidature. This is in addition to the requirement that a Prime Minister

prove he has the support of the Lok Sabha (by a vote on the floor of the House)

within weeks of being sworn in to office.
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In the late nineties, President Narayanan introduced the important practice of

explaining to the nation (by means of Rashtrapati Bhavan communiqus) the

thinking that led to the various decisions he took while exercising his

discretionary powers; this has led to openness and transparency in the functioning

of the President.

In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill

regarding enlarging the scope of the offices of profit, which disqualify a person

from being a member of parliament. The opposition combine, the NDA , hailed

the move. The UPA chose to send the bill back to the president without any

changes, and after 30 days Kalam gave the assent.

6 Presidential standard

The standard of the President of India is a blue and red quartered flag:

1st quarter: State Emblem (theLions of Sarnath)to represent national unity;

2nd quarter: Elephant fromAjanta cavesto representpatienceandstrength;

3rd quarter:Scales from theRed Fort,Old Delhi to representjustice;

4th quarter:Lotusvase fromSarnathto represent prosperity.

THANKS
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1. J.N.PANDEY- CONSTITUTION OF INDIA

2. DURGA DAS GUPTA- CONSTITUTION OF INDIA

3.http://en.wikipedia.org/wiki/President_of_India

4.http://www.ibnlive.com/news/president-gets-richer-gets-

300-pc-salary-hike/73365-3.html?from=rssfeed.

5.www.google.com ,etc.
http://en.wikipedia.org/wiki/President_of_Indiahttp://www.ibnlive.com/news/president-gets-richer-gets-http://www.ibnlive.com/news/president-gets-richer-gets-300-pc-salary-hike/73365-3.html?from=rssfeedhttp://www.google.com/http://www.google.com/http://www.ibnlive.com/news/president-gets-richer-gets-300-pc-salary-hike/73365-3.html?from=rssfeedhttp://www.ibnlive.com/news/president-gets-richer-gets-http://en.wikipedia.org/wiki/President_of_India


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Constitutional Powers & Position of President of India

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