The President of India

• The President of India is the nominal head of the executives in India and is the first Citizen of the country. 

• As per Article 53 of the Indian Constitution, the country's executive power is vested in the President and is exercised by the president either directly or through officers subordinate to him by the Constitution. 

• Droupadi Murmu is the New President of India, and she will serve as the 15th President of the Republic of India.

Who is the Current president of India?

• The current president of India is Droupadi Murmu. She was elected on 21 July 2022 and sworn in on 25 July 2022. She is the 15th president of India and the first woman from a tribal community to hold the office.

• Murmu was born in a Santhal family in a remote village in the Mayurbhanj district of Odisha. 

• Before becoming president, Murmu served as the governor of Jharkhand from 2015 to 2021. She is a member of the Bharatiya Janata Party (BJP). 

History of President of India

• The office of President of India was created when India became a republic on 26 January 1950. 

• The constitution vests the executive power of the union in the president.

• He exercises it either directly or through officers subordinate to him. 

• However, the president is bound by the advice of the Council of Ministers, headed by the Prime Minister.

• The Constituent Assembly of India debated the role of the president extensively.
• Some members, such as B. R. Ambedkar, argued that the president should be a constitutional head of state with limited powers. 
• Others, such as Jawaharlal Nehru, argued that the president should have more power to reflect the importance of the office.

• The constitution ultimately adopted a compromise position, with the president being a constitutional head of state but with some important powers. 

• The president is elected by an electoral college consisting of:
• the elected members of the Parliament of India and 
• the elected members of the Legislative Assemblies of the states and union territories. 

• The president serves a term of five years and can be re-elected once.

• The first president of India was Rajendra Prasad, who served from 1950 to 1962.

Office Of The President Of India (Article 52-53)

President of India (Article 52)

• The President is the first citizen of India. The President of India is the Head of the State, symbolizing the nation.
• According to the order of precedence of the Republic of India, which lists down the functionaries, officials, and dignitaries according to their office and rank in the Indian Government, the President is the highest authority in the country. However, it is not explicitly mentioned in the Constitution of India.

Executive Power Of The Union (Article 53)

• The executive power of the Union is vested in the President of India, and he shall exercise it either directly or through his subordinate officers. 
• The President of India is the Supreme Commander of the defence forces of India.
• He is the head of Central Government Executives. Let’s discuss in detail the qualification, tenure, election, impeachment, and much more related to the Office of the President of India.

Election Of The President Of India (Article 324 and Article 54-55)

Article 324 of the Indian Constitution, the Presidential election in India is conducted by the Election Commission of India, a constitutional body established to ensure free and fair elections. The candidature of the Presidential election should secure a fixed quota of votes, which is determined by using the following formula,

The quota of votes = Total number of valid votes polled Number of candidates to be elected (here 1) + 1+1.

Election Of President (Article 54)

Article 54 of the Indian Constitution deals with the electoral college of the President of India. According to this article, the President is not elected directly by the people. Rather, he is elected by the electoral college, which consists of the following members,

• The elected members of both Houses of Parliament.
• The elected members of all the State Legislative Assemblies.
• The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry. This provision was added by the 70th Constitutional Amendment Act of 1992.

Description of the Presidents Election (Article 55)

Article 55 deals with the manner of election of the President of India, and the provisions under this article are as follows,

• There should be uniformity in the scale of representation of different states and parity between the states and the Union. For this purpose, the number of votes to be cast by the electoral college (elected members of Parliament and State Legislative Assemblies) is determined in the following way,
• value of the vote of an MLA =Total population of State Total numbers of elected members in the State Legislative Assembly×11000
• value of the vote of an MP =Total value of votes of all MLAs of all states Total numbers of elected members of Parliament
• In the Presidential election, the Proportional Representation System using a single transferable vote and secret ballot should be employed.

Tenure Of President’s Office (Article 56-57)

Tenure of Presidents Office (Article 56)

It explains the tenure of President of India. It states the following provisions,

• The President can hold office for up to 5 years from entering the office.
• They can resign from office by giving a handwritten resignation letter to the Vice President of India, and the Vice President should communicate this to the Speaker of Lok Sabha.
• They may be impeached from the office of the President under article 61 in case of violation of the Constitution.
• The President can continue to hold office even after the expiration of the tenure until the successor enters the office.

Eligibility for Re-Election (Article 57)

According to this article, the person currently holding or who had the office of President is eligible for re-election. Unlike the USA, the person can be re-elected any number of times as the President of India.

Qualification To Become President (Article 58)

Article 58 of the Indian Constitution deals with the qualifications required for election as President, and they are as follows,

• He/She should be a Citizen of India.
• He/She should be above 35 years of age.
• He/She should be qualified for election as a member of the House of the People, i.e., Lok Sabha.
• He/She should not hold any office of profit under the Union, State Government, or local or public authority.

Note: In India, the natural born clause condition (i.e., citizen by birth and descent) is not included under the qualification for the presidential election as in the U.S. Constitution.

Conditions Of the President’s Office (Article 59)

Article 59 of the Constitution lists the conditions of the President’s office. They are as follows,

• The President should not be a member of either the House of Parliament or the House of any State Legislature. If such a member is elected as the President, he is deemed to vacate his seat in the House on the date of entering upon the office of President.
• The President should not hold any office of profit.
• He/She is entitled to stay in the official residence without any payment of rent.
• He is also entitled to receive payments, allowances, and privileges as the Parliament determines by law. These emoluments and allowances must be maintained during his tenure.

Oath Taken By The President Of India (Article 60)

Article 60 of the Constitution deals with the oath or affirmation the President of India should make before entering his office. In the oath, the President affirms to do the following,

• To faithfully execute the office of President
• To do the best of his/her ability to preserve, protect, and defend the Constitution and law
• To devote himself/herself to the service and well-being of the people of India.

The President of India takes the oath in the presence of the Chief Justice of India or the senior Judge of the Supreme Court in case of the absence of the Chief Justice of India.

Impeachment Of President (Article 61)

Article 61 – The procedure for the impeachment of President in India on violation of the Constitution is given in this article, and it is as follows,

• Either house of Parliament can initiate the impeachment process. The charge has to be signed by 1/4th of the total members of the house that is initiating the impeachment.
• Before passing the resolution, the initiating house must give the President 14 day (14 working days) notice period.
• Post the notice period, the resolution is passed by the initiating house with a 2/3rd majority of the total membership of the house.
• Once the resolution is passed, the other house of the Parliament is obliged to investigate the charges against the President by appointing a judicial committee or themselves.
• During the inquiry, the President can appear with a lawyer and defend the charges.
• The resolution will lapse if the President is found not guilty of the charges. In case of guilty, the resolution is passed by the second house with a 2/3rd majority of the total membership of the house.
• The resolution shall remove the President from his office from the date on which the resolution is so passed.

Absence And Vacancy In President’s Office (Article 62)

Election Holding Time To Fill Office Vacancy Of President & Tenure Of Office (Article 62)

This deals with provisions related to the vacancy of the office of the President of India. They are as follows,

• An election to fill the vacancy in the President’s office caused by the expiration of the President’s term of office should be held before the expiration of the term.
• An election to fill the vacancy in the President’s office caused by the death, resignation, or removal of the serving President should be conducted within six months.

Article 65 of the Indian Constitution

• In case of any vacancy in the President’s office due to death, resignation, or removal, the Vice President of India acts as the President until the new President is elected.
• In case of the absence of the President due to illness or any such reasons, the Vice President of India discharges the functions of the President until he returns to office.
• In case of the absence of the Vice President, the Chief Justice of India (or, in his absence, the senior most judge of the Supreme Court) will act or discharge as the President of India.

Functions And Powers Of President Of India

The President has a number of functions and powers, which can be broadly classified into the following categories:

Executive Power of the President of India

The President has the power to:

• Appoint the Prime Minister and other ministers.
• Grant pardons and commutations of sentences.
• Summon, prorogue, and dissolve the Parliament of India.
• Issue ordinances when the Parliament is not in session.
• Assent to bills passed by the Parliament.
• Appoint the Chief Justice of India and other judges of the Supreme Court of India and the High Courts.
• Declare a state of emergency.
• Be the supreme commander of the Indian Armed Forces.

Legislative Powers

The President is an integral part of the Parliament of India. The President has the power to:

• Address the Houses of Parliament.
• Send messages to the Houses of Parliament.
• Promulgate ordinances when the Parliament is not in session.
• Assent to bills passed by the Parliament.

Financial Powers

The President has the power to:

• Cause the Union Budget to be laid before the Parliament.
• Recommend grants to the Parliament.
• Constitute the Finance Commission.

Judicial Powers

The President has the power to:

• Grant pardons and commutations of sentences.
• Appoint the Chief Justice of India and other judges of the Supreme Court of India and the High Courts.

Diplomatic Powers

The President has the power to:

• Send and receive ambassadors and other diplomatic representatives.
• Make treaties with other countries.