Qualifications and Election

Qualifications

Article 58

To be eligible for election as President, a person must fulfill the following conditions:

  • Must be a citizen of India.
  • Must have completed 35 years of age.
  • Must be qualified for election as a member of the Lok Sabha.
  • Must not hold any office of profit under the Union or State government (Sitting President, VP, Governor, and Ministers are qualified).

Election Process

Article 54 & 55

The President is not elected directly by the people but by an Electoral College consisting of:

  • Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha).
  • Elected members of the Legislative Assemblies of the States.
  • Elected members of the Legislative Assemblies of Union Territories of Delhi and Puducherry (Added by 70th Amendment Act, 1992).

Who Cannot Vote?

  • Nominated members of both Houses of Parliament.
  • Nominated members of State Legislative Assemblies.
  • Members (both elected and nominated) of State Legislative Councils (in bicameral states).
Note: All disputes regarding the President's election are decided by the Supreme Court of India.

Tenure and Vacancy

Term of Office

Article 56 & 57
  • Tenure: 5 years from the date of entering the office.
  • Re-election: Eligible for re-election any number of times (Article 57).
  • Resignation: Can resign by writing to the Vice-President.

Succession of Power

In case of vacancy due to death, resignation, or removal:

  1. Vice-President acts as President.
  2. If VP is unavailable, the Chief Justice of India (CJI) acts as President.
  3. If CJI is unavailable, the Senior-most Judge of the Supreme Court acts as President.

Oath and Impeachment

Oath or Affirmation

Article 60

Administered by the Chief Justice of India (or senior-most SC judge in his absence). The President swears to:

  • Faithfully execute the office.
  • Preserve, protect, and defend the Constitution and the law.
  • Devote himself to the service and well-being of the people.

Impeachment Procedure (Article 61)

The President can be removed from office by a process of impeachment for "Violation of the Constitution".

The Process:

  • Initiation: Can be initiated in either House of Parliament.
  • Majority Required: Resolution must be passed by a majority of two-thirds of the total membership of the House.
  • Nature: It is a quasi-judicial procedure.

Powers and Functions

The President's powers are broadly classified into 8 categories (Legislative, Executive, Judicial, Financial, Diplomatic, Military, Pardoning, and Emergency).

1. Executive Powers

  • All executive actions of the GOI are taken in his name.
  • He appoints the Prime Minister and other Ministers.
  • He appoints the Attorney General, CAG, Chief Election Commissioner, Chairman of UPSC, Governors of States, etc.

Relationship with Council of Ministers:

  • 42nd Amendment (1976): Made it obligatory for the President to accept the advice of the Council of Ministers.
  • 44th Amendment (1978): Allowed the President to send the advice back for reconsideration once. If sent back again, he must accept it.

2. Legislative Powers

  • Summons or prorogues Parliament and dissolves the Lok Sabha.
  • Addresses the Parliament at the commencement of the first session after each general election and the first session of each year.
  • Nomination: Nominates 12 members to Rajya Sabha (Literature, Science, Art, Social Service).

3. Veto Powers

When a bill is presented to the President, he has three veto powers:

Type Description
Absolute Veto Withholding assent to the bill. The bill ends and does not become an act.
Suspensive Veto Returning the bill for reconsideration. If passed again (with or without amendments), he must give assent.
Pocket Veto Taking no action on the bill indefinitely (neither ratifying nor rejecting).

4. Other Critical Powers

Ordinance Making Power (Article 123)

Can promulgate ordinances when Parliament is not in session. It has the same force as an act of Parliament but must be approved by Parliament within 6 weeks of its reassembly.

Pardoning Power (Article 72)

Can grant pardons, reprieves, respites, and remissions of punishment, or suspend, remit, and commute sentences, including Death Sentences and Court Martial verdicts.

Military & Diplomatic Powers

  • Supreme Commander of the Defence Forces of India.
  • Declares war and concludes peace (subject to Parliament's approval).
  • International treaties are negotiated and concluded in his name.

Emergency Powers

  • National Emergency (Article 352)
  • President's Rule (Article 356 & 365)
  • Financial Emergency (Article 360)