The President of India: Guardian of the Constitution

Background and Introduction

The President of India is the ceremonial head of state, representing the unity and integrity of the nation. The position is established by Part V, Chapter I, of the Indian Constitution, specifically from Articles 52 to 78. The President acts as a symbolic figurehead who performs duties as laid out in the Constitution, often upon the advice of the Council of Ministers

Moreover, in this article we covered section 52 to section 62 of Indian Constitution.

Meaning and Role

The President of India is not just a titular head but also holds significant powers and responsibilities. The office of the President encompasses a range of roles, including legislative, executive, judicial, diplomatic, military, and emergency powers. While these powers are typically exercised on the advice of the Prime Minister and the Council of Ministers, the President does have discretion in certain situations, such as when appointing the Prime Minister if no single party has a clear majority in the Lok Sabha.

Qualification (Article 58)

According to Article 58 of the Indian Constitution, a candidate must meet the following qualifications to be eligible for the office of the President:

1. Citizenship: The candidate must be a citizen of India.
2. Age: The candidate must be at least 35 years old.
3. Qualifications for Lok Sabha: The candidate must be qualified for election as a member of the Lok Sabha (House of the People).
4. No Office of Profit: The candidate 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.

Election (Article 54 and Article 55)

The President is elected by an electoral college, as detailed in Article 54 of the Constitution. This college comprises:

1. Elected Members of Both Houses of Parliament: The Lok Sabha and the Rajya Sabha.
2. Elected Members of the Legislative Assemblies of States and Union Territories: Including the National Capital Territory of Delhi and the Union Territory of Puducherry.

Article 55 describes the manner of election, ensuring that there is uniformity in the scale of representation of different states.

The election process is laid out in the Presidential and Vice-Presidential Elections Act, 1952, and the related rules. It is conducted via a system of proportional representation by means of a single transferable vote, ensuring that the election process is as fair and representative as possible.

Oath (Article 60)

Before entering office, the President-elect must take an oath of office. This oath is administered by the Chief Justice of India, or in their absence, the senior-most judge of the Supreme Court. The content of the oath is specified in Article 60 and includes the following affirmations:

1. To faithfully execute the office of the President.
2. To preserve, protect, and defend the Constitution and the law.
3. To devote oneself to the service and well-being of the people of India.

Term of Office (Article 56)

The President holds office for a term of five years from the date on which they enter office, as specified in Article 56. However, the President is eligible for re-election. The term can be cut short under the following circumstances:

1. Resignation: The President can resign from office by writing to the Vice-President of India.
2. Removal by Impeachment: The President can be impeached for the violation of the Constitution, as per Article 61. The process of impeachment requires a two-thirds majority in both Houses of Parliament.

Examples and Case Laws

1. Election Example: In the 2022 Presidential election, Droupadi Murmu was elected as the 15th President of India, highlighting the process and the political dynamics involved.
2. Case Law on Qualification: In the case of Maru Ram v. Union of India (1981), the Supreme Court discussed the qualifications and powers of the President concerning the pardoning power under Article 72.
3. Impeachment Example: Although no Indian President has been impeached, the process and grounds for impeachment were discussed extensively during the drafting of the Constitution, as noted in the Constituent Assembly Debates.

STRUCTURE AND ALL SECTIONS IN BRIEF WITH EXAMPLE

Article 52: The President of India

There shall be a President of India.

Example: Establishes the office of the President as the head of the state.

Article 53: Executive power of the Union

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law. (3) Nothing in this article shall: (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law functions on authorities other than the President.

Example: The President appoints the Prime Minister and the Council of Ministers, who execute the executive powers on his behalf.

Article 54: Election of President

The President shall be elected by the members of an electoral college consisting of: (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of States and the Union territories of Delhi and Puducherry.

Example: The election of President Ram Nath Kovind in 2017 was conducted by the electoral college as defined in this article.

Article 55: Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. (2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner: (a) Every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly; (b) If after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member shall be further increased by one; (c) Each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under subclause (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one half being counted as one and other fractions being disregarded.

Example: Ensures proportional representation in the election process of the President.

Article 56: Term of office of President

(1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that— (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

Example: Dr. A.P.J. Abdul Kalam served as President from 2002 to 2007, completing a full five-year term.

Article 57: Eligibility for re-election

A person who holds, or who has held, office as President shall be eligible for re-election to that office.

Example: Dr. Rajendra Prasad was re-elected and served as President of India for two terms, from 1950 to 1962.

Article 58: Qualifications for election as President

(1) No person shall be eligible for election as President unless he— (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds 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. (3) For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

Example: Pranab Mukherjee, before his election as President, resigned from his position as Finance Minister to meet the qualification criteria.

Article 59: Conditions of President’s office

(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be 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. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances, and privileges as are specified in the Second Schedule. (4) The emoluments and allowances of the President shall not be diminished during his term of office.

Example: When Dr. A.P.J. Abdul Kalam was elected President, he had to relinquish his academic positions.

Article 60: Oath or affirmation by the President

Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say— “I, [name], do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India, and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”

Example: President Ram Nath Kovind took the oath of office on July 25, 2017, administered by the Chief Justice of India.

Article 61: Procedure for impeachment of the President

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. (2) No such charge shall be preferred unless— (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. (3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated, and the President shall have the right to appear and to be represented at such investigation. (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

Example: No President of India has been impeached, but the procedure is outlined to ensure checks and balances.

Article 62: Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy

(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Example: Following the death of President Zakir Husain in 1969, V.V. Giri was elected as the new President.

Conclusion

The President of India is a cornerstone of the Indian constitutional framework, embodying the nation’s unity and integrity. While the office is largely ceremonial, it carries significant responsibilities and powers that ensure the smooth functioning of the democratic system. Through Articles 52 to 78, the Constitution meticulously outlines the qualifications, election process, oath, and term of office for the President, ensuring a robust mechanism for maintaining constitutional governance. The examples and case laws illustrate the practical application and judicial interpretation of these constitutional provisions, underscoring the importance of the President in India’s democracy.