Constitutional Powers & Position of President of India

CONSTITUTIONAL POWERS &
POSITION OF PRESIDENT OF INDIA
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 support
and 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.
JAI NARAIN VYAS UNIVERSITY
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CONTENTS
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:
, Sanskrit lit. Lord of the realm) is
the head of state and first citizen of India, as well as the Supreme 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 officers subordinate
to him includes a minister also.
The President is elected, from a group of nominees, by the elected members of
the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the state
(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. Incumbents are permitted to stand for re-election.
The president of India resides in an estate in New Delhi known as the Rashtrapati
Bhavan (which roughly translates as President's Abode). The presidential retreat
is The Retreat in Chharabra, Shimla and Rashtrapati Nilayam (President's
Place) in Hyderabad.
Air India one also known as "Rajdoot is the official aircraft of the President of
India.
1. AIR 1954 SC 156 at p. 163.
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The Rashtrapati Bhavan is the official residence of the President of India.
AIR INDIA ONE

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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 a

shared 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 Viceroy
of 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 a
date 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 and
King was replaced by an elected president, with Rajendra 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 a

person 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).2
d) He must not hold any office of 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 the

president 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 -
The
President of India used to receive 10,000 (US$200) per month as per the
Constitution. 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 directly

elected 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/73365html?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 as
parity 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 an
M.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 voting Under 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 all

doubts 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 declared
void 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 VicePresident. 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.
In Dr. N.B. Khare v. Election Commissioner India,4 the Petitioner challenged the
holding of the election on the ground that since the general election in certain
parts 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 Vicepresident 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, before

entering upon his office, the President has to take an oath or an affirmation in the
presence 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 the

President 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 hold
office 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 VicePresident. 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 the Prime Minister.
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 the government.
A bill that the Parliament has passed can become a law only after the President
gives 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 Parliament In 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 Minister the 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 a constitutional crisis. Thus, in practice, the Council of
Ministers cannot be dismissed as long as it commands the support of a majority in
the Lok Sabha.
The President is responsible for making a wide variety of appointments. These
include:
Governors of States
The Chief Justice, other judges of the Supreme Court and High Courts
of India.
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 jure Commander in Chief of the Indian Armed Forces.
The President of India 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-thirds
majority 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 Court. 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) an offence 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 no
human 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. Remission means reduction of the
amount of sentence without changing its character, e.g., a sentence of one year
may be remitted to six months. Respite means awarding a lesser punishment on
some special grounds, e.g., the pregnancy of a woman offender. Reprieve means
temporary suspension of death sentence, e.g., pending a proceeding for pardon or
commutation. In Maru 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.
nd,
5. Basu Introduction to the Constitution of India, Part 2

6. [1981] 1 SCC 107
p.21, [3rd Ed.]
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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 can
declare 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 Presidents name.
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 by Indira Gandhi on 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 the Prime Minister. Such a proclamation must be approved by the
Parliament 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 Indian citizens can 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 (which
contains 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 as President'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 months
to 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 in Punjab and
Jammu and Kashmir.
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 of
the 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 Article 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 of
India'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 the Supreme Court and High 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 by
both 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 Ordinancemaking 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 one
House 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 the
fundamental rights.
4. Position of the President

Prior to the 42nd Amendment Act of 1976- Article 53 (1) says that the
executive 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 in
the 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 the Judges Transfer case,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 (42 nd 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 and
to 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 the
doctrine 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 of
Ministers. 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 42nd Amendment Act, 1976-This amendment removes all doubts about
the 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 following
provision 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 that
highest 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 and
not 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 of
India.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. The
other house investigates the charges that have been made. During this process, the
President has the right to defend himself/herself through an authorized counsel. 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 India available
discharges 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 a
number 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.
Page - 20 -

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 (the Lions of Sarnath) to represent national unity;
2nd quarter: Elephant from Ajanta caves to represent patience and strength;
3rd quarter: Scales from the Red Fort, Old Delhi to represent justice;
4th quarter: Lotus vase from Sarnath to represent prosperity.
THANKS
Page - 21 -

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-gets300-pc-salary-hike/73365-3.html?from=rssfeed.
5. www.google.com ,etc.
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Constitutional Powers &amp; Position of President of India

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Constitutional Powers &amp; Position of President of India

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CONSTITUTIONAL POWERS &

POSITION OF PRESIDENT OF INDIA

Like a sailor without a compass or a night traveler without a lamp,

JAI NARAIN VYAS UNIVERSITY