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What is the Role of President of India?

-
Know About Eligibility, Tenure, Election
Process & Salary!

With Lok Sabha Elections, 2019 round the corner, Indian citizens are all set for voting.
Little did we know that all we would be voting for potential members of Parliament who
will ultimately choose the Prime Minister of India. Read this article to understand who
and what does the ‘First Citizen of India’ account for, history of the post of President
of India, Articles of Indian Constitution, Eligibility, Salary of President of India, Work
tenure & more !

President of India

• The President, or de facto ‘The First Citizen of India’, plays significant role of
the head of state of India. President is the supreme commander of all the
three Indian Armed Forces.
• After the complex electoral process, Ram Nath Kovind took an oath on July 25,
2017, as the 14th President of India.
• Members of the Lok Sabha - the lower house of India's bicameral Parliament,
Rajya Sabha - the upper house, Vidhan Sabha - the state legislative assemblies
and the union territories together elect the President by conducting the election
process. It is known as ‘Electoral College’.

History of the Post of President of India

The history of the post ‘President’ traces back to the British colonization in India. After
independence (August 15, 1947), under the leadership of Dr B.R. Ambedkar, a

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completely new constitution was drafted. This constitution came into action on
January 26, 1950. This was the day when India became a republic nation.

During British Raj, the Governor-general was the highest and controlling person of
British administration of India. However, on January 26, 1950, These offices of
sovereignty and Governor-general were replaced by the new post of the ‘President of
India’. Dr. Rajendra Prasad became the first Indian President.

Since 1950, there have been 14 Presidents in India. Besides these 14 Presidents, there
had been 3 acting presidents in the office for a short time period. The 3 acting presidents
were:

• Varahagiri Venkata Giri (1969, after the death of Zakir Husain)


• Mohammad Hidayatullah ( 20 July 1969 to 24 August 1969 and from 6 October
1982 to 31 October 1982)
• B. D. Jatti (11 February to 25 July 1977)

Seven presidents out of 14 belonged to a political party. Six of them were representing
the Indian National Congress while Neelam Sanjiva Reddy was representing The Janata
Party. In 2007, Pratibha Patil became the first woman to take an oath as a President
of India.

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Indian Constitution Articles Related to the President of
India

Following are the articles related to the post of ‘President of India’ as listed in the Indian
Constitution:

Article Article
No.
52 The President of India
There shall be a President of India.
53 The Executive Power of the Union
As per the clauses in the Indian constitution, the president has the
responsibility and authority to accord with, to defend and protect the
constitution and its rule of law. Therefore, without the approval of the
president, no action can be taken by the executive or legislature bodies.
Also, any such actions are taken with the president’s consent will become
law. The President remains the authoritative supreme commander of all 3
Indian Armed Forces.
54 Election of President
The President will be elected by the members through the electoral college.
55 The manner of Election of President of India
As per article 55, as far as practicable, there shall be uniformity in the scale
of representation of the different States at the election of the President.
56 The term of office of President of India
This describes the tenure of the President to be 5 years subject to change in
case of resignation, impeachment or death.

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57 Eligibility of re-election
President shall be eligible for re-election to the office subject to the other
provisions to the constitution.
58 Qualifications for election as President
Article 58 talks about the qualifications and eligibility criteria for the post
of President of India.
59 Conditions of the President’s office
The President is not allowed to be a member of either House of Parliament
or of a House of the Legislature of any State. The article also talks about the
compensation and privileges that are available to the President of India.
60 Oath or affirmation by the President of India
Every President has to take an oath in the presence of chief justice of India,
or in his absence, in the presence of Senior most judge of supreme court of
India.
61 Procedure for impeachment of the President of India
Article 61 talks about the procedures, terms and conditions associated with
the impeachment of a President for violation of the Constitution, the
charge shall be preferred by either House of Parliament.
62 Time of holding an election to fill the vacancy in the office of
president and the term of office or person elected to fill a casual
vacancy
When a new president is to be elected upon completion of terms by present
president, the election process has to be completed before the term ends.
Also, in case of resignation, impeachment or death of the present
president, an election has to conducted within six months of the event.
65 The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the
absence, of President of India

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In case of resignation, impeachment or death of the president, or in the
absence of the president, the vice-president has to play the role of
president till the elections are conducted.
70 Discharge of President's functions in other contingencies
71 Matters relating to, or connected with, the election of a
President or Vice-President
Supreme Court will be responsible for resolving and handling the disputes
or matters related to the election of the president. The decision of Supreme
Court will be final.
72 Powers of the President to grant pardons etc. and to suspend,
remit or commute sentences in certain cases
74 Council of Ministers to aid and advise the President
The Prime Minister along with a Council of Ministers shall be there to help
and advise the President who will act in accordance with the advise made
by the ministers.
75 Other provision as to Ministers
The President appoints the Prime Minister. Also, the President appoints
other Ministers on the advice of the Prime Minister.
76 Attorney-General for India
President appoints the Attorney-General for India. The candidate must to
be appointed as a Judge of Supreme Court of India.
77 Conduct of business of the Government of India
All executive actions that the Government of India takes, will be expressed
in the name of the President.
78 Duties of Prime Minister in respect to the furnishing of
information to the president etc.
The Prime Minister has to furnish information related to the

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administration of the affairs of the Union and proposals for legislation to
President.
85 Sessions of Parliaments, Prorogation and Dissolution
The President has to summon each house of Indian Parliament periodically
for a meeting.
111 Assent to Bills
A Bill (passed by the Houses of Parliament) has to be Presented to the
President and with the assent of the President further procedures will be
undertaken.
112 Annual Financial Statement
In every financial year, the President will lay a statement of estimated
receipts and expenditure before the Houses of Parliament. It is known as
the ‘annual financial statement’.
123 Power of President to Promulgate Ordinances during Recess of
Parliament
143 Power of President to Consult Supreme Court

Eligibility for the Post of President of India

According to article 58 of the Indian Constitution, the following are the mandatory
qualification criteria that qualify a person for the candidature of the President:

A President must be:

1. A citizen of India
2. Of 35 years of age or above
3. Is qualified to be a member of Lok Sabha

A candidate is not eligible if:

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She/he holds any office of profit under

1. the Government of India or


2. the Government of any State or
3. any other authority subject to the control of any of the said Governments.

Apart from these criteria, some office-holders are permitted to present their candidature
for the post of President. Those are:

1. The current vice-president


2. The governor of any state
3. A Minister of the Union or of any state (including the prime minister and chief
ministers)
4. A member of parliament or a member of a State Legislature

If any of the above people get elected as the President, she/he is assumed to have
vacated her/his previous authority on the day she/he begins the tenure of President.

According to article 57 of the Indian constitution, who is or has been a President before
is eligible for re-election. This will be subjected to other provisions in the constitution.

A candidate to be elected as a President has to have 50 electors as proposers and 50


electors as seconders, according to The Presidential and Vice-Presidential Elections Act,
1952.

Election for the Post of President of India

The process of electing the President is called ‘Electoral College’.

The presidential electoral college is includes:

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• members of the Rajya Sabha - the upper house of the Parliament of India
• members of the Lok Sabha - the lower house of the Parliament of India
• members of each state Vidhan Sabha - the lower house of the state legislature
• members of each union territory possessing an assembly - Delhi and Puducherry

Election Process for President of India

The Prime Minister is elected directly by Lok Sabha members. The process of selection
of President is more complicated than the selection of the Prime Minister.

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The candidature of every person running for Presidency ought to be backed by 100
individuals from Electoral College - out of which, 50 as proposers and 50 as seconders.
This is simply to guarantee that candidates who are not considered as less competent
(not having the backing of 100 voters) are excluded from the race for President.

Let us understand what do the terms ‘Proposers’ and ‘Seconders’ mean:

• Proposers mean members who propose the name of the applicant.


• Seconders mean who offer help to that name

Briefly, if a candidate can fight for the post of the President only when she/he has
her/her proposed by 50 electors and approved by 50 others.

There is additionally an arrangement of security deposit of INR 15,000 in the Reserve


Bank of India. If any competitor fails to secure 1/6th of the votes surveyed, the sum will
be forfeited.

Work Tenure of President of India

As expressed by article 56, section V, of the Constitution of India, Presidents may stay in
position for a period of five years. This term gets altered in the following cases:

1. Resignation
2. Removal by impeachment
3. Death

In the absence of the President, Vice-President has to assume the role of President.

Salary of President of India

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As in the year of 2019, monthly compensation of President of India would be INR 5
Lakh. Other than monthly compensation, the President will be entitled to the utilization
of his official homes. She/He will be additionally qualified for remittances, stipends and
benefits as dictated by Parliament by law. As per article 59, until arrangement for that
sake is made, such payments, recompenses and benefits will be made as determined in
the Second Schedule.

Resignation Procedure of President of India

If the President wishes to resign before completing his tenure of 5 years, she/he can do
so by addressing the resignation letter to the Vice-President.

Procedure of Removal from Post of President of India

To impeach a President for violation of the Indian Constitution, the charges should be
preferred by either house of Parliament.

As expressed by article 61 (Procedure of Impeachment of the President) of Indian


Constitution:

(1) When a President is to be denounced for infringement of the Constitution, the


charge will be favored by either House of Parliament.

(2) No such charge will be favored except if –

• the proposition to favor such charge is contained in a goals which has been
moved after somewhere around fourteen days' notice recorded as a hard copy
marked by at least one-fourth of the all out number of individuals from the
House has been given of their aim to move the goals, and
• such goals has been passed by a greater part of at the very least 66% of the
complete participation of the House.
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(3) When a charge has been so favored by either House of Parliament, the other House
will explore the charge or cause the charge to be examined and the President will
reserve the option to show up and to be spoken to at such examination.

(4) If because of the examination a goals is passed by a larger part of at the very least
66% of the complete participation of the House by which the charge was researched or
caused to be explored, pronouncing that the charge favored against the President has
been supported, such goals will have the impact of expelling the President from his
office as from the date on which the goals is so passed.

Powers, Roles & Responsibilities of President of India

The President of India has to execute some fixed Duties for the welfare of the nation.
These responsibilities are presented upon the President to safeguard and ensure the
Indian Constitution.

As per the articles 75 and 76, the President has to appoint Prime Minister and Other
Ministers of India. Also, He has to appoint the Attorney-General for India.

The fundamental responsibility of the President is to maintain the integrity of the


constitution of India. She/He serves as the common head of all individual entities in the
constitution of India including the three armed forces.

Powers of President of India by Indian Constitution:

Following powers have been assigned to the President of India by Indian


Constitution: Legislative powers, Executive powers, Judicial powers, Appointment
powers, Financial powers, Diplomatic powers, Military powers, Pardoning powers and
Emergency powers.

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The president is the first and most powerful position in India. She/He maintains the
integrity of and preserves the constitution of India. Hope this article about President Of
India clarified all your doubts regarding the various aspects of the Post of President of
India! If you have any queries, you can ask them in the comment section below.

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