Powers of President

In a parliamentary system like India's, the President plays a largely ceremonial role with limited executive powers. The President's primary responsibilities include appointing the Prime Minister, who is usually the leader of the majority party in the Lok Sabha, the lower house of Parliament. Additionally, the President appoints other key officials, such as Governors, judges of the Supreme Court and High Courts, and members of various commissions. While the President has the authority to promulgate ordinances and is the supreme commander of the armed forces, these powers are exercised on the advice of the Council of Ministers headed by the Prime Minister. Thus, the President's role in India is largely symbolic, serving as the head of state and upholding the constitutional framework while the Prime Minister and the Council of Ministers handle the day-to-day governance and decision-making.

The post of President in India evolved from the colonial era, during which India was under British rule. Before the adoption of the Indian Constitution in 1950, India was a part of the British Empire, and the head of state was the British monarch, represented in India by a Governor-General. However, the movement for Indian independence, fueled by the efforts of leaders like Mahatma Gandhi and Jawaharlal Nehru, led to the demand for self-governance and a transition to a republican form of government. With the promulgation of the Indian Constitution, the post of President was established as the ceremonial head of state, symbolizing the sovereignty of the Indian republic.

The office of the President is defined under Article 52 of the Indian Constitution, which establishes a parliamentary system of government with a President as the ceremonial head. Elected by an electoral college comprising elected members of both houses of Parliament and the Legislative Assemblies of the states, the President's role is largely ceremonial, with executive powers exercised by the Prime Minister and the Council of Ministers. However, the President plays a vital role in the functioning of the government by signing bills into law, appointing key officials, and representing India in international affairs. This office embodies the principles of democracy, unity, and sovereignty as enshrined in the Indian Constitution.

To be eligible for the office of the President, a candidate must:

1. Be a citizen of India.
2. Have completed 35 years of age.
3. Be qualified to become a member of the Lok Sabha.
4. Not hold any office of profit under the Government of India, any state government, or any local authority.

The President of India is elected indirectly by an electoral college, which comprises the elected members of both houses of Parliament, and the elected members of the Legislative Assemblies of States and Union territories. The election follows the system of proportional representation by means of the single transferable vote.

The President holds office for a term of five years from the date on which he enters his office. However, there is no limit on the number of terms a person can serve as President. The President can resign from office by addressing the resignation letter to the Vice-President.

The President of India takes an oath or affirmation to serve the nation and uphold the Constitution, as per Article 60. In this pledge, the President commits to:

1. Execute the duties of the office faithfully.
2. Preserve, protect, and defend the Constitution and the laws.
3. Dedicate themselves to serving and promoting the well-being of the people of India.

The Chief Justice of India administers the oath to the President, or in their absence, the most senior judge of the Supreme Court.

The President of India enjoys both executive and ceremonial powers. Some of the key powers and functions include:

1. Executive Powers: The President appoints the Prime Minister and other members of the Council of Ministers(on the advice of the PM), and also appoints the Attorney General of India, Governors of States, and Judges of the Supreme Court and High Courts.
2. Legislative Powers: The President summons and prorogues the sessions of Parliament, addresses both Houses of Parliament, and can dissolve the Lok Sabha. Additionally, all bills passed by the Parliament require the President's assent to become law.
3. Diplomatic Powers: The President represents India in international affairs, accredits ambassadors and receives foreign ambassadors and high commissioners.
4. Judicial Powers: Under Article 72, the President can grant pardon, reprieve, respite, and remission of punishment. This includes the power to suspend, remit, or commute the sentence of any person convicted of any offence under specific circumstances:
   • Court martial cases
   • Offences against Union law
   • Cases involving the death penalty.
5. Emergency Powers: In times of national emergency, the President can declare three types of emergencies: National Emergency, State Emergency (President's Rule), and Financial Emergency.
6. Seeking Advice from the Supreme Court: Article 143 empowers the President to seek advice from the Supreme Court on any question of law or fact. However, the advice given by the Supreme Court is not binding on the President.
7. Presidential Authority in India’s Military Powers: The President holds the position of supreme commander of the defence forces of India. The President has the authority to declare war and conclude peace, contingent upon approval by Parliament. The President appoints the chiefs of the Army, Navy, and Air Force.
8. Presidential Involvement in Legislative: Certain bills require the President's assent, including those altering state boundaries or involving taxation. The President can assent to, withhold, or return a bill for reconsideration, except for Money bills.
9. President’s Veto Powers:
   1. Absolute Veto
      The President can withhold assent to bills, effectively ending them. This veto has been exercised in select cases throughout history.
   2. Suspensive Veto
      The President can return a bill for reconsideration. If passed again by Parliament, the President must assent.
   3. Pocket Veto
      No time frame for assent or refusal; the President neither ratifies nor rejects nor returns the bill.
10. Ordinance-Making Power: The President can promulgate ordinances under Article 123 during the recess of Parliament to address urgent matters.
11. Impeachment of the President: The impeachment process of the President of India is a complex procedure laid out in the Indian Constitution. Here's a brief overview:
    1. Initiation: A notice of motion for the impeachment is submitted to either House of Parliament (Lok Sabha or Rajya Sabha) signed by at least one-fourth of the total members of that house.
    2. Admissibility: The presiding officer of the house (Speaker in the case of Lok Sabha, Chairman in the case of Rajya Sabha) either admits or refuses the motion. If admitted, a three-member committee investigates the charges.
    3. Investigation: The committee investigates the charges and presents its findings to the house.
    4. Resolution: After considering the committee's findings, the house may pass a resolution to impeach the President by a special majority (i.e., a majority of the total membership of the house and a majority of not less than two-thirds of the members present and voting).
    5. Other House: If the resolution is passed by one house, it is then presented to the other house.
    6. Joint Sitting: If the other house also approves the resolution by a similar special majority, then a joint sitting of both houses is convened.
    7. Decision: At the joint sitting, if the resolution is adopted by a special majority, the President stands impeached and is removed from office.

1. Dr. Rajendra Prasad (1950-1962)
   • Tenure: Dr. Rajendra Prasad, a prominent freedom fighter, served as India's first president from 1950 to 1962.
   • Contributions: Prasad's leadership during the formative years of independent India set a precedent for future presidents, emphasising the values of democracy, secularism, and social justice.


2. Dr. Sarvepalli Radhakrishnan (1962-1967)
   • Tenure: Dr. Sarvepalli Radhakrishnan, a renowned philosopher and statesman, served as the second president of India from 1962 to 1967, and also the first Vice President of India.
   • Contributions: Radhakrishnan's intellectual prowess and diplomatic skills enhanced India's standing in the global arena, solidifying its position as a leader among newly independent nations.


3. Dr. Zakir Husain (1967-1969)
   • Tenure: Dr. Zakir Husain, an eminent educationist and scholar, became India's third president, serving from 1967 to 1969, and also the first Muslim President of India.
   • Contributions: As a champion of education, Husain laid the groundwork for the modernization of India's educational system, emphasizing the importance of access to quality education for all citizens.


4. Varahagiri Venkata Giri (1969): From 3rd May 1969 to 20th July 1969. Varahagiri Venkata Giri briefly served as acting President before his full-term election. He advocated for socialist principles and initiatives aimed at poverty alleviation.He was the first Acting President of India following the death of Dr. Zakir Hussain.
5. Mohammad Hidayatullah: 20 July 1969 – 24th August 1969- He was the Chief Justice of India and served as Acting President of India until the election of Varahagiri Venkata Giri as the President
6. Varahagiri Venkata Giri: 24th August 1969 – 24th August 1974-
   The 4th President of India belongs to a Telugu Brahmin family residing in Andhra Pradesh. He briefly served as acting President before his full-term election. He advocated for socialist principles and initiatives aimed at uplifting the marginalized sections of society. Giri's commitment to social justice left a lasting impact on Indian society
7. Fakhruddin Ali Ahmed (1974-1977)
   Powers: Ahmed's presidency was marked by political turbulence, including the declaration of Emergency in 1975 by Prime Minister Indira Gandhi.
   Contributions: Despite the challenges, Ahmed upheld the principles of the Constitution and worked towards restoring democratic norms after the Emergency period.
8. Neelam Sanjiva Reddy (1977-1982):
   Contribution: The youngest President of India when he assumed office, Neelam Sanjiva Reddy played a crucial role in upholding democratic values during the tumultuous period of the Emergency. He facilitated the peaceful transition of power after the restoration of democracy.
9. Giani Zail Singh (1982-1987): Navigating Crises with Calm
   Giani Zail Singh steered India through crises such as Operation Bluestar and the assassination of Prime Minister Indira Gandhi. He provided calm and stability during these challenging moments, guiding the nation through crises with resilience and fortitude. Known for his controversial decision to approve the proclamation of Emergency in Punjab in 1984.
10. Ramaswami Venkataraman (1987-1992):
    His tenure focused on economic reforms and bolstering India's foreign policy during his tenure. During his period, the groundwork for future economic liberalization measures was laid.
11. Shankar Dayal Sharma (1992-1997):
    Shankar Dayal Sharma witnessed India's transition towards economic liberalization and integration with the global economy. He supported policies aimed at fostering growth and development, laying the foundation for India's economic resurgence in the years to come.
12. K. R. Narayanan (1997-2002):
    K. R. Narayanan was a staunch advocate for the rights of marginalized communities. He emphasized the importance of inclusivity and social justice in India marginalized sections of society and emphasized the importance of a robust national security apparatus. He worked to strengthen social justice and inclusivity, and was also the first Dalit President of India.
13. Dr. A. P. J. Abdul Kalam (2002-2007):
    Dr. APJ Abdul Kalam, a renowned scientist and visionary, served as the 11th president of India from 2002 to 2007. The "Missile Man of India," focused on scientific advancement and youth empowerment during his presidency. He inspired a generation with his vision for technological innovation and national progress, leaving an indelible mark on India's scientific landscape.
    Contributions: Popularly known as the "People's President," Kalam inspired millions with his vision for a developed and self-reliant India, particularly through his interactions with students and youth.
14. Pratibha Patil (2007-2012):
    Pratibha Patil made history as India's first woman President. She championed women's empowerment and advocated for gender equality in all spheres of society.
15. Pranab Mukherjee (2012-2017):
    Pranab Mukherjee, an astute politician and economist, played a pivotal role in driving India's economic growth. His tenure witnessed key reforms aimed at bolstering the country's economy and promoting sustainable development.
16. Ram Nath Kovind (2017-2022):
    Ram Nath Kovind assumed office as the 14th president of India. He focused on promoting social welfare initiatives and ensuring financial inclusion for all segments of society. He prioritized the upliftment of marginalized communities and their access to government schemes.
17. Draupadi Murmu (2022-Present):
    Draupadi Murmu, the current President, is the first tribal leader to hold the office. She advocates for the welfare and empowerment of tribal communities, aiming for their holistic development and integration into mainstream society. Murmu's presidency embodies a commitment to social justice and inclusivity.

India's electoral process for the President embodies a careful balance between representation, democracy, and federalism. Its indirect electoral college system ensures that the President is elected by representatives from both the central and state levels of government, reflecting the diverse interests and perspectives of the nation.

One of the key advantages of this system is its inclusivity, as it allows for the participation of elected representatives from various regions and communities across the country. Additionally, by assigning different values to the votes of members of different electoral bodies, the system attempts to balance the influence of states with varying populations, preventing larger states from dominating the election process.

However, there are also limitations to this system. Critics argue that it can sometimes lead to a disconnect between the popular will and the outcome of the election, as the President is not directly elected by the people. Moreover, the process of calculating the value of votes based on population can be complex and may not always accurately reflect the demographic realities of the country.

Additionally, re-evaluating the role and powers of the President to make it more substantive and meaningful could address concerns about the ceremonial nature of the office. Ultimately, striking a balance between the need for representation and the desire for an effective, influential presidency is essential for the continued evolution of India's political system.