This article has been written by Jigyasa Nain, a student studying BBA.LLB from Indian Institute of Management, Rohtak. The author is a 1st year law student.
Introduction: –
The President of India is the head of state and first citizen of India, as well as the commander-in-chief of the Indian Armed Forces. The President is elected by an electoral college made up of members of the Lok Sabha, Rajya Sabha, and Legislative Assemblies of the states and Union Territories. The President serves a five-year term and can be re-elected for any number of non-consecutive terms. The President is a largely ceremonial role, with real power being held by the Prime Minister and Cabinet, however, the President has some important powers as well, such as appointing the Prime Minister and other key government officials, and has the power to veto certain legislation. The President also represents India at the international level and plays a crucial role in maintaining friendly relations with other countries. The current President of India is Droupadi Murmu since July 25, 2022.
Roles: –
The role of the President of India is important for several reasons:
- Symbol of Unity:
The President is the head of state and the first citizen of India, and serves as a symbol of national unity and integrity.
- Commander-in-Chief:
The President is also the commander-in-chief of the Indian Armed Forces, and is responsible for ensuring the defence and security of the nation.
- Appointment of Key Officials:
The President has the power to appoint key government officials, including the Prime Minister, Governors of states, and judges of the higher courts, which is crucial for the functioning of the government.
- Veto Power:
The President has the power to veto certain legislation, which acts as a check on the legislative branch and ensures that laws are in the best interest of the nation.
- Emergency Powers:
The President has the power to declare a state of emergency in the event of a national crisis, such as war, internal disturbance, or financial instability.
- Pardoning Power:
The President has the power to grant pardons and reprieves, and to commute sentences in certain cases, which allows for the exercise of mercy in the criminal justice system.
- Representing India:
The President also represents India at the international level and plays a crucial role in maintaining friendly relations with other countries.
- Acting as a mediator and arbitrator:
The President is also a mediator between the Centre and the State in case of any dispute, the president can act as an arbitrator between the Centre and the State.
Overall, the role of the President is important in ensuring the smooth functioning of the government, protecting the rights and interests of the nation, and preserving the unity and integrity of the country.
Provisions under Indian Constitution
The Indian Constitution lays out several roles and responsibilities of the President in the following articles: –
Article 52 of the Constitution states that there shall be a President of India, who shall be the head of the state.
Article 53 of the Constitution vests the executive power of the Union in the President. The President is responsible for ensuring that the laws of the land are faithfully executed by the executive branch of government.
Article 54 of the Constitution states that the President shall be elected by an electoral college, consisting of the members of the Lok Sabha, Rajya Sabha, and Legislative Assemblies of the states and Union Territories.
Article 55 of the Constitution states that the President shall hold office for a term of five years and shall be eligible for re-election for any number of non-consecutive terms.
Article 56 of the Constitution states that the President shall take an oath or affirmation before entering office.
Article 58 of the Constitution states that the President shall have the power to dismiss the Council of Ministers and dissolve the Lok Sabha, but only on the advice of the Prime Minister.
Article 59 of the Constitution states that the President shall have the power to return a bill passed by the Parliament for reconsideration, but only once.
Article 60 of the Constitution states that the President shall have the power to summon and prorogue the sessions of the Parliament and to dissolve the Lok Sabha.
Article 61 of the Constitution states that the President shall have the power to grant pardons and reprieves, and to commute sentences in certain cases.
Article 74 of the Constitution states that there shall be a Council of Ministers, headed by the Prime Minister, to aid and advise the President in the exercise of his functions.
Article 75 of the Constitution states that the Prime Minister shall be appointed by the President and that the other members of the Council of Ministers shall be appointed by the President on the advice of the Prime Minister.
Article 365 of the Constitution states that if any state has failed to comply with, or gives notice of its intention to refuse to comply with, any direction given in the exercise of the executive power of the Union under this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of this Constitution.
Election Process of President
The process of election of the President of India is as follows:
- The President is elected by an electoral college comprising the members of both houses of the Indian Parliament (the Lok Sabha and the Rajya Sabha) and the members of the Legislative Assemblies of the states of India.
- The election is held in accordance with the system of proportional representation by means of a single transferable vote. This means that voters have the option to rank the candidates in order of preference, and the candidate who receives the most votes is elected.
- The electoral college is divided into two sections: the first section includes the Lok Sabha and Rajya Sabha members and the second section includes the members of the state legislative assemblies. The value of each vote of the members of the first section is different from the value of each vote of the second section.
- The nomination of a candidate for the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders.
- The candidate who receives a majority of votes in the electoral college is declared elected as the President.
- If no candidate receives a majority of votes in the first round, a second round of voting is held between the two candidates who received the most votes in the first round. The candidate who receives the most votes in the second round is declared elected as the President.
It is worth noting that the President of India is elected by an electoral college and not directly by the citizens of India.
Conclusion: –
The President of India is the ceremonial head of state and first citizen of India, but the real power is vested in the Prime Minister, who is the head of government and the leader of the executive branch of government. The President acts on the advice of the Prime Minister and other members of the Council of Ministers, and does not have independent decision-making authority. The President’s role is mainly ceremonial, and includes functions such as appointing the Prime Minister, administering oaths of office to government officials, and acting as the commander-in-chief of the Indian Armed Forces.
References: –
- https://www.careerlauncher.com/upsc/president-election/
- https://byjus.com/free-ias-prep/president/
- https://www.lawentrance.com/article/election-of-President-of-India.html
- http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-b9de496f8751/Custom/Powers_and_Functions_of_President_in_India.pdf
- https://www.cnbctv18.com/india/as-doupadi-murmu-becomes-head-of-state-a-look-at-powers-and-duties-of-indian-president-14243322.htm
- https://blogmedia.testbook.com/blog/wp-content/uploads/2019/03/what-is-the-role-of-president-of-india-743ac654.pdf
- https://www.hindustantimes.com/india/role-and-power-of-india-s-president/story-glu9uyqsZLUtvgjyxO2cpK.html
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening