Introduction 

• The Constitution of India, 1950 (COI) provides a detailed framework for the election, powers, and functions of the President, ensuring a balance between ceremonial duties and substantial powers in times of necessity. 
• The President of India is the executive head of State and the supreme commander of the Indian Armed Forces. 
• All the executive business of the country are carried out in the name of the president. 
• Article 52 of the COI states that there shall be a president. 

Election of President (Article 54) 

• The President shall be elected by the members of an electoral college consisting of: 
  • Elected members of both houses of Parliament; and  
  • Elected members of the legislative assemblies of the States. 

Manner of Election (Article 55)  

• Article 55(3) of the COI states that the election of the president shall be held in accordance with the system of: 
  • Proportional representation by means of single transferable vote, 
  • Voting at such election shall be by secret ballot. 

Term of office of President (Article 56) 

• Article 56 of the COI states that the president shall hold office for a term of five years unless: 
  • His successor enters upon his office,  
  • President resigns his office by writing under his hand addressed to the Vice- President, 
  • The President is removed from his office for violation of the Constitution by impeachment in the manner provided in article 61. 

Qualifications for Election as President (Article 58) 

• Article 58 of the COI states that no person shall be eligible for election as President unless he: 
  • is a citizen of India, 
  • has completed the age of thirty-five years, and  
  • is qualified for election as a member of the House of the People. 
• A person shall not be eligible for election as President if he holds any office of profit under: 
  • The Government of India, 
  • Government of any State 
  • Any local or other authority subject to the control of any of the said governments 

Conditions of President’s office (Article 59) 

• The President shall not be a member of either House of Parliament or of any other House of the Legislature of any State. 
• The President shall not hold any other office of profit. 
• The President shall be authorized to the use of his official residences without rent. 
• The emoluments and allowances of the President cannot be diminished or reduced during his term of office.  

Oath and Affirmation (Article 60) 

• Every President and every person acting as President, before entering upon his office, take oath in the presence of the Chief Justice of the India or, in his absence, the senior-most judge of the Supreme Court. 

Procedure for Impeachment of the President (Article 61) 

• A President can be impeached for violation of the Constitution based on charge preferred by either house of Parliament. 
• No such charge shall be preferred unless: 
• such charge contained in resolution has been moved after at least fourteen days' notice in writing. 
  • such resolution must be signed by not less than one-fourth of the total member of the House  
  • such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. 
  • When a charge has been preferred by either House of Parliament, the other House shall investigate the charge 
• The President shall have the right to appear and represented at such investigation. 
• The House investigating the charges when pass the resolution by a two-thirds majority and sustain the charges, it results in removing the President from his office from the date of passing of the resolution. 

Time of holding Election to fill Vacancy in the office of President (Article 62) 

• Article 62 states that an election to fill the vacancies must be fulfilled before the expiration of the term of the office of the President. 
• An election to fill the vacancies, occurring due to the death, resignation or removal of the President, must be done as soon as possible. 
• The elections must be conducted within six months from the date of occurrence of the vacancy. 

Powers of the President 

• Executive Power 
  • Article 53 states that all the executive power of the Union will be vested in the President of India. 
  • President shall be the Supreme commander of all the Armed forces of the State. 
• Legislative Powers 
  • Article 79: The President is part of Parliament along with the Lok Sabha and Rajya Sabha. 
  • Article 85: The President may from time to time Summons, prorogues the Housed or either house, or dissolves the House of the People. 
  • Article 86: The President may address both Houses of Parliament and can send messages. 
  • Article 111: A President shall either give assent to bills, which then become law, or withholds assent or returns the bill for reconsideration. 
  • Article 123: Promulgates ordinances when Parliament is not in session, having the same force and effect as laws passed by Parliament.  

Pardoning Power (Article 72) 

• The President shall have the power to grant pardons, reprieves, respites or remissions of punishments or to suspend, remit or commute the sentence given to a person by the court in the following cases: 
  • When the sentence is granted by a Court-martial; 
  • When the punishment or sentence is given for offence against violation of any law relating to matters to which the executive power of the Union extends; 
  • When a death sentence is passed by a court. 

Emergency Powers 

• The COI grants President three kinds of emergency powers and they are as follows: 
  • The President may proclaim national emergency due to war, external aggression, or armed rebellion. (Article 352) 
  • The President may impose President's Rule in a state if the state government is unable to function according to the provisions of the Constitution. (Article 356) 
  • The President may declare a financial emergency if the financial stability or credit of India is threatened. (Article 360) 

Judicial Powers 

• Under Article 143 of the COI the President have the power to seek the advice Supreme Court on: 
  • Legal matters 
  • Constitutional matters  
  • Matter of Public importance  

Conclusion 

The President of India, as defined under the Indian Constitution, embodies both a ceremonial role and crucial constitutional powers. While the President's functions are largely guided by the advice of the Council of Ministers, the position also serves as a constitutional safeguard, especially in times of political instability or emergency. The framework provided by the Constitution ensures that the President acts as a stabilizing force, upholding the democratic principles and integrity of the nation.