President of India: Roles, Elections, and Powers Explained

Introduction 

The Office of the President of India is the highest constitutional office in India, embodying the head of state (executive power) [UPSC 2015]. The President is the ceremonial head of the country and holds a significant role in the functioning of the Indian parliamentary democracy. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation. The President is a part of the Union Executive along with the Vice-president, Prime Minister, Council of Ministers, and Attorney General of India. (Article 52 to 78 in Part V)

Indirect Election of the President: Article 54 Provisions

• Elected indirectly by the people of India  (electoral college).
• Reasons for Indirect Election: The President is only a nominal executive, and the real executive is the PM. The direct election would have been very costly, time and energy consuming.
• Method of Election: Election by proportional representation by means of single transferable vote and secret ballot voting.
• No person except Dr. Rajendra Prasad has occupied the office for two terms.

Composition and Dynamics of the Presidential Electoral College

• Elected members of both houses, Lok Sabha and Rajya Sabha.
• Elected members of the State Legislative Assembly.
• Elected member of legislative assemblies of UTs: Delhi + Puducherry.
• Non-Participants in Presidential election:
  • Nominated members of LS, RS and SLA; [UPSC 2023]
  • Members (elected +nominated) of SLC;
  • Nominated members of Legislative Assemblies of Delhi & Puducherry.
• Effect of Assembly Dissolution: When an assembly is dissolved, the members cease to be qualified to vote in the presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election.
• Representation of Union and States: Members of the electoral college are from both the Union and the State, so it makes the President a representative of the Union and the states equally.
• Principles of Uniform Representation: Uniformity in the scale of representation of different states as well as parity between the states as a whole and the Union at the election of the President.
• Value of Vote of an MLA: Value of Vote of each MLA varies from State to state. [UPSC 2023,2019]

Value of Vote of an MP: [UPSC 2023,2019]

• A candidate, in order to be declared elected to the office of President, must secure a fixed quota of votes.

• All doubts and disputes in connection with election are inquired into and decided by the Supreme Court whose decision is final.
• If the election is declared void by the Supreme Court, acts done by him before the date of such declaration are not invalidated and continue to remain in force. [UPSC 2023]
• If the assembly is dissolved, members cease to be qualified to vote, so the election of a person as President cannot be challenged on the ground that the Electoral College was incomplete. [UPSC 2023]

Qualifications: Article 58

• Citizen of India.
• Completed 35 years of age.
• Qualified for election as a member of the Lok Sabha.
• Not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
• Nomination must be subscribed by at least 50 electors as proposers and 50 as seconders.
• Security Deposit: 15,000 in the RBI, if fails to secure One-sixth votes polled security deposit will be forfeited.

Oath: Article 60

• Oath administered by the Chief Justice of India. In his absence, the senior-most judge of the SC administers the Oath. 

Conditions of the Office: Article 59 

• Not a member of either house. 
• No office of profit.

Emoluments, Allowances and Privileges

• Determined by Parliament.
• Cannot be diminished during his term of office.
•  Immune from criminal proceeding (even if personal)
•  Cannot be arrested or imprisoned.
•  2 month’s notice in civil proceedings during term of office in respect of his personal acts.
•  Enjoys personal immunity from legal liability for his official acts.

Term: Article 56

• Term:  5 years from the date on which he/she enters upon his/her office.
• Resignation to Vice President.
• Eligible for Re-election for any no. of times (In the USA – only two times permissible).
• Hold office beyond his term until his successor assumes charge to prevent ‘Interregnum’.

Impeachment: Article 61

• Impeachment for “violation of the constitution” (meaning of phrase not defined in the constitution).
  • Initiated by either House – LS or RS. Signed by 1/4th member of the house (that framed the charges), & with 14 day’s notice to be given to the President.
  • The resolution passed by a majority of 2/3 of the total membership by both houses (Elected + Nominated Members of LS+RS participates).
• Participants in the Impeachment Process
  • Elected members of the legislative assemblies of states and the UT of Delhi and Puducherry do not participate though they participate in his election..
  • Nominated members of both (LS+RS) houses participate (though they do not participate in his election.)
• No President has so far been impeached.
• Quasi-judicial procedure in the Parliament.

Vacancy and Succession in the Office of the President (Only in the case of the President)

• Reasons: Expiry of tenure, By Resignation, Removal by Impeachment, Death, otherwise (such as disqualified to hold office or Election is declared void).
• Constitutional Provision to Prevent ‘Interregnum’
  • Requirement of Timely Election: In case a vacancy is caused by the expiration of the term of the sitting President, an election to fill the vacancy must be held before the expiration of the term. 
  • In case of any delay in conducting the election of a new President, the outgoing President continues to hold office (beyond his term of five years) until his successor assumes charge. 
  • The Vice President does not get the opportunity to act as President or to discharge the functions of the President.
• Vice President as President: In case of vacancy by resignation, removal, death or otherwise, the election to fill the vacancy is held within six months from the date of the occurrence of such a vacancy then the Vice-President acts as the President until a new President is elected.
• Term: Newly-elected President remains in office for a full term of five years from the date he assumes charge of his office.
• President’s Functions in Case of Inability: The President is unable to discharge his functions due to absence, illness or any other cause, VP (if not VP,  CJI,  senior most judge of SC) discharges his functions until the President resumes his office.