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President of India
Flag of India.svg
President of India Logo.png
Logo of The President of India
Droupadi Murmu official portrait, 2022.jpg
Incumbent
Droupadi Murmu

since 25 July 2022
Head of state of the Republic of India
Executive branch of the Indian Government
Style
    • Hon'ble President
      (Within India)
    • Her Excellency
      (Outside India)
    • The Honourable
      (Within Commonwealth)
Abbreviation POI
Residence Rashtrapati Bhavan
Seat New Delhi, Delhi, India
Appointer Electoral College of India
Term length Five years
No restriction on renewal
Constituting instrument Constitution of India (Article 52)
Precursor Monarch of India and his representative the Governor-General of India
Formation 26 January 1950; 75 years ago (1950-01-26)
First holder Rajendra Prasad
Deputy Vice President of India
Salary 6,000,000 (US$100,000) (annually)

The President of India is the head of state of the Republic of India. This means the President is the country's top official. They are also known as the first citizen of India. The President is the commander-in-chief of the Indian Armed Forces. Droupadi Murmu is the 15th and current President. She took office on July 25, 2022.

The President's office began when India became a republic on January 26, 1950. This was when the Indian Constitution came into effect. The President is chosen through an indirect election. This election is done by an electoral college. This college includes members from both houses of the Parliament of India. It also includes members from the legislative assemblies of all Indian states and territories. These members are themselves chosen directly by the citizens.

The Constitution says the President can use their powers directly. Or they can use them through other officials. However, in reality, the Prime Minister and their Council of Ministers use most of these powers. The President must follow the advice of this council. They also make sure that decisions from the Supreme Court are followed.

How the President's Role Began

India became free from the British on August 15, 1947. At first, it was a dominion within the Commonwealth of Nations. King George VI was the head, with a Governor-General representing him. After independence, the Constituent Assembly of India worked to write a new constitution. This group was led by B. R. Ambedkar.

The Constitution of India was finished on November 26, 1949. It became law on January 26, 1950. This made India a republic. The roles of the King and Governor-General were replaced by the President of India. Rajendra Prasad was the first President. India stayed a member of the Commonwealth. This meant recognizing the King as a symbol of the free nations in the Commonwealth.

The Indian Constitution gives the President the job of protecting the Constitution and its laws. Any action by the government or lawmakers only becomes law after the President agrees to it. The President must not approve actions that go against the Constitution. The President is the main protector of the Constitution. They have the power to stop unconstitutional actions by the government or lawmakers. The courts also help protect the Constitution. They can cancel any unconstitutional actions.

What the President Does

The President of India has many important duties and powers. These powers help them protect the country's laws and its people.

Main Duty

The President's main job is to protect and defend the Constitution and the laws of India. This is part of their oath when they take office. The President is the head of all independent government bodies. All their actions and powers must be used to support the Constitution. The President's actions can be reviewed in court.

Lawmaking Powers

The power to make laws belongs to the Parliament of India. The President is the head of Parliament. The President calls meetings of both houses of Parliament: the Lok Sabha and the Rajya Sabha. They can also end these meetings. The President can even dissolve the Lok Sabha.

The President officially opens Parliament. They do this by speaking to both houses after general elections. They also speak at the start of the first session each year. In these speeches, the President usually talks about the new plans of the government.

All bills (proposed laws) passed by Parliament become laws only after the President agrees to them. When a bill is given to the President, they can approve it or refuse to approve it. They can also send a bill back to Parliament for a second look. This is not allowed for money bills. If Parliament sends the bill back again, the President must sign it. The President can also refuse to sign a bill right away. This is called a "pocket veto." They might do this if they think the bill goes against the Constitution. The President can also ask the Supreme Court for advice on whether a law is constitutional.

When Parliament is not meeting, the President can issue special orders called ordinances. These orders have the same power as laws passed by Parliament. They are temporary laws. Parliament must approve them within six weeks of meeting again. The President issues ordinances when immediate action is needed. They must be sure the government has enough support in Parliament to pass the ordinance as a law later. The President should withdraw an ordinance when it is no longer needed. Issuing ordinances too often or for reasons not urgent is not allowed. The President should not include anything in an ordinance that breaks the Constitution.

Executive Powers

The President holds the executive power of the country. This means they are in charge of carrying out the laws. They can do this directly or through other officials. The Union Cabinet, led by the Prime Minister, helps and advises the President. The Cabinet's advice is not legally binding on the President. However, the President must ensure all duties follow the Constitution.

The President is also responsible for making sure the decisions of the Supreme Court are followed.

Judicial Powers

The President's main duty is to protect the Constitution and the law. The President appoints the Chief Justice of India and other judges. They do this based on the Chief Justice's advice. The President can remove a judge if two-thirds of both houses of Parliament vote for it.

The President also appoints the Attorney-General for India. This person is the government's chief legal advisor. The President can ask the Supreme Court for advice on legal questions. The President can also ask the Attorney General to attend Parliament meetings. This is to report any unlawful actions.

Appointment Powers

The President appoints the Prime Minister. This is usually the person who has the most support in the Lok Sabha. Then, the President appoints other ministers to the Council of Ministers. They give them different jobs based on the Prime Minister's advice. These ministers stay in power as long as the President allows.

The President also appoints 12 members to the Rajya Sabha. These members are chosen for their special knowledge in areas like literature, science, art, and social service.

Governors of states are also appointed by the President. They serve as long as the President wishes. The President can remove a governor who has broken the Constitution.

The President makes many other important appointments. These include:

Financial Powers

The President has certain powers related to the country's money:

  • A bill about money can only be introduced in Parliament with the President's approval.
  • The President presents the yearly budget (Annual Financial Statement) to Parliament.
  • The President can take money from the Contingency Fund of India for unexpected costs.
  • Every five years, the President sets up a Finance Commission. This group suggests how taxes should be shared between the central government and the states.

Diplomatic Powers

All international agreements and treaties are made in the President's name. However, the Prime Minister and Cabinet usually handle these talks. These agreements must also be approved by Parliament. The President represents India in international meetings. This role is mostly ceremonial. The President also sends and receives diplomats from other countries.

Military Powers

The President is the Supreme Commander of the Indian Armed Forces. Only the President can declare war or make peace. They do this based on the advice of the Union Council of Ministers. All important treaties and contracts are made in the President's name.

Pardoning Powers

The President has the power to grant pardons. This means they can forgive or reduce punishments in certain cases:

  • For crimes against Union law.
  • For punishments given by a military court.
  • For a death sentence.

The President's decisions on pardons are independent. However, in most cases, the President uses their powers based on the advice of the Prime Minister and the Cabinet.

Emergency Powers

The President can declare three types of emergencies: national, state, and financial. They can also issue ordinances.

National Emergency

A national emergency can be declared for the whole country or a part of it. This happens because of war, armed rebellion, or an attack from another country. India has had national emergencies in 1962 (during the Sino-Indian War), 1971 (during the Indo-Pakistani War of 1971), and from 1975 to 1977.

The President can declare this emergency only if the Cabinet, led by the Prime Minister, asks for it in writing. Parliament must approve this declaration within one month with a two-thirds majority. This emergency can last for six months. It can be extended repeatedly with Parliament's approval. There is no maximum time limit.

During a national emergency, some Fundamental Rights of citizens can be suspended. However, the Right to Life and Personal Liberty cannot be suspended. The President can make laws on subjects usually handled by state governments. The term of the Lok Sabha can also be extended.

State Emergency

If the President believes a state's government cannot function according to the Constitution, they can declare a state emergency. This is often based on a report from the state's governor. Parliament must approve this emergency within two months.

A state emergency can last from six months up to three years. It needs Parliament's approval every six months. If it needs to be extended beyond three years, the Constitution must be changed.

During a state emergency, the President can take over the state's executive functions. The governor then runs the state in the President's name. The state's Legislative Assembly can be dissolved or put on hold. Parliament can then make laws for the state. This is often called "President's rule."

A state emergency can be declared if the state's government fails to follow the Constitution. It can also be declared if the state does not follow directions from the central government.

Financial Emergency

The President can declare a financial emergency if the country's financial stability is threatened. This has never happened in India.

Parliament must approve this emergency within two months by a simple majority. A financial emergency stays in force until the President ends it.

During a financial emergency, the President can reduce the salaries of all government officials. This includes judges of the Supreme Court and High Courts. All money bills passed by state legislatures must be sent to the President for approval. The President can also tell states to follow certain financial rules.

How the President is Chosen

The President is chosen through a special election process.

Who Can Be President?

To be President, a person must:

A person cannot be President if they hold any "office of profit" under the government. This means they cannot have a paid job in the central or state government.

However, some officials can run for President:

  • The current Vice President.
  • A state governor.
  • A minister of the central or any state government (including the Prime Minister and Chief Ministers).

If one of these officials is elected President, they must leave their previous job when they become President. A member of Parliament or a State Legislature can also run. If elected, they must give up their seat in Parliament or the State Legislature.

A person who has been President before can be re-elected. To be nominated for President, a candidate needs 50 electors to propose their name. They also need 50 electors to second their name. Candidates must also pay a security deposit. This deposit is lost if they do not get enough votes.

When the Election Happens

The President holds office for five years. The election to choose a new President must happen before the current President's term ends. If the President's office becomes empty due to death, resignation, or removal, an election must be held as soon as possible. This must be within six months. The new President will then serve a full five-year term.

If an election cannot be completed on time, the current President continues to hold office. They stay in office until their successor takes over.

Rules for the Presidency

Some rules prevent an otherwise eligible person from running for President:

  • The President cannot be a member of Parliament or a state legislature. If they are, they must leave their seat when they become President.
  • The President cannot hold any other "office of profit."
  • The President gets to use official residences without paying rent. They also receive a salary and other benefits set by Parliament.
  • The President's salary and benefits cannot be reduced during their term.

The Election Process

When the office of President becomes vacant, a new President is chosen by an electoral college. This college includes:

  • Elected members of both houses of Parliament (MPs).
  • Elected members of the State Legislative Assemblies (Vidhan Sabha) of all states.
  • Elected members of the legislative assemblies of union territories with legislatures (Delhi, Jammu and Kashmir, and Puducherry).

The President's election is more detailed than the Prime Minister's election. The Prime Minister is chosen by the members of the majority party in the Lok Sabha. The President is elected by MPs and state legislators through a secret ballot. This is because the President is the constitutional head. They must protect the Constitution and the rule of law.

Each elector casts a different number of votes. Generally, the total votes from MPs equal the total votes from state legislators. Legislators from larger states have more votes than those from smaller states. Also, if a state has fewer legislators, each legislator has more votes.

The number of votes for a state legislator is calculated based on the state's population and the number of legislators. All elected members of Parliament have the same number of votes. This is calculated by dividing the total votes assigned to state legislators by the total number of elected MPs.

Even though MPs and MLAs vote, they usually vote for the candidate supported by their political parties.

Taking the Oath

The President must take an oath before the Chief Justice of India. If the Chief Justice is not there, the senior-most judge of the Supreme Court will be present. In the oath, the President promises to protect and defend the Constitution and the law. They also promise to serve the people of India.

President's Salary and Benefits

The President of India receives a monthly salary. This amount has increased over time. In 2018, it was increased to 5 lakh (equivalent to 6.7 lakh or US$11,000 in 2023) per month. The government also provides a large annual budget for the President's expenses.

Rashtrapati Bhavan, the President's official home in New Delhi, is the largest Presidential palace in the world. The President also has official retreat homes in Hyderabad (Rashtrapati Nilayam) and Shimla (The Retreat Building). The President's official car is a special armored Mercedes Benz.

Former Presidents and their spouses also receive a pension, a furnished home, security, and other allowances.

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Removing the President from Office

The Supreme Court looks into any questions or problems about a President's election. The Supreme Court can remove the President if there were problems with the election. Or if the President is not qualified to be a member of the Lok Sabha.

The President can also be removed from office before their term ends. This is done through a process called impeachment. Impeachment happens if the President violates the Constitution of India. Either house of the Parliament can start this process.

To start impeachment, charges must be made against the President. These charges must be signed by at least one-quarter of the members of that house. The notice is sent to the President. Fourteen days later, it is discussed.

A resolution to impeach the President must be passed by a two-thirds majority in the house that started it. Then, it is sent to the other house. The second house investigates the charges. During this time, the President has the right to defend themselves. If the second house also approves the charges by a two-thirds majority, the President is impeached. They are considered to have left office from that date. No President in India has ever faced impeachment proceedings.

The President cannot be called to court for questioning while in office, unless they agree. However, any unconstitutional decisions made by the President can be declared invalid by the courts. Even if a President cannot be arrested or jailed while in office, they can be prosecuted after their term ends for any wrongdoings committed during their time as President.

What Happens if the President's Office is Empty?

The President's office can become empty in a few ways:

  • When their five-year term ends.
  • If the President dies.
  • If the President resigns.
  • If the President is removed through impeachment.

If the office becomes empty for any reason other than the term ending, the Vice-President of India takes over the President's duties. The Vice President goes back to their own office when a new President is elected. If the President cannot do their job because of absence, illness, or other reasons, the Vice President performs the President's duties until the President returns.

A Vice President acting as President has all the same powers and benefits as the President. When the Vice President is acting as President, they do not serve as the Chairperson of the Rajya Sabha.

India has a law for what happens if both the President and Vice President offices become empty at the same time. In such a case, the Chief Justice of India takes over the President's duties. If the Chief Justice is not available, the senior-most judge of the Supreme Court of India takes over. They serve until a new President is elected or a new Vice President starts acting as President. For example, in 1969, when President Zakir Husain died, Vice-President V. V. Giri became the acting President. Later, V.V. Giri resigned to run for President. Then, the Chief Justice of India, Justice Mohammad Hidayatullah, became the acting President until a new President was elected.

President vs. Chief Justice

The President and the Chief Justice of India both have important roles in protecting the Constitution.

President versus Chief Justice of India
President Chief Justice of India / Judiciary
The President's oath is to protect and defend the Constitution and the law. The Chief Justice and judges also swear to uphold the Constitution and laws.
The President takes their oath in front of the Chief Justice. The Chief Justice takes their oath in front of the President.
The President can be removed by Parliament through impeachment for violating the Constitution. This needs a two-thirds majority vote in each house. Judges can be removed by Parliament for misbehavior or inability. This also needs a two-thirds majority vote in each house.
The Supreme Court cannot directly remove the President. However, it can declare the President's election invalid. This would remove the President from office. The President cannot remove judges once appointed without the impeachment process.
The President is an individual head of an independent institution. The Judiciary (Supreme Court) is an independent institution led by the Chief Justice and other judges.
The President is empowered to fulfill their duties as head of Parliament, the Executive, and the armed forces. They can seek advice from the Attorney General and Chief Justice. The President must ensure states follow the Constitution. The Chief Justice and Supreme Court can cancel unconstitutional actions by the government or laws passed by Parliament. This happens after a fair trial.
The President's main duty is to stop unconstitutional decisions by the government or lawmakers. They do this by refusing to approve laws that go against the Constitution. They are the first defender of the Constitution. Other duties are mostly ceremonial. The courts can step in or cancel unlawful actions by the government or unconstitutional laws. This happens only after the President has already approved them.
The President has constitutional protection for their actions while in office. But they can face legal action for unconstitutional acts after their term ends. Judges are also protected from punishment for their judgments or incompetence. However, a higher court can overturn a judge's decision.
The people of India cannot directly remove the President if they fail in their duties. This can only happen through impeachment by Parliament or removal by the Supreme Court. The people of India cannot directly remove the Chief Justice or judges if Parliament does not impeach them.

President vs. Prime Minister

The President and Prime Minister have different but important roles in India's government.

President of India versus Prime Minister of India
President Prime Minister / Union Cabinet
The President's oath is to protect and defend the Constitution and the law. The Prime Minister swears loyalty to the Constitution and promises to uphold India's unity. They also promise to treat everyone fairly.
The President takes their oath in front of the Chief Justice. The Prime Minister takes their oath in front of the President.
The President is chosen indirectly by elected members of Parliament and state assemblies through a secret ballot. The Prime Minister is chosen based on their political party having the most seats in the Lok Sabha, through direct elections.
The President can be removed by Parliament through impeachment for violating the Constitution. This needs a two-thirds majority vote in each house. The Prime Minister steps down if they lose the support of the majority in the Lok Sabha.
The President can be removed by the Supreme Court if their election was unfair or if they no longer meet the qualifications. The Prime Minister and other ministers can also be removed for similar reasons.
The President is an individual who heads an independent institution. The Union Cabinet, led by the Prime Minister, works as a team and is responsible together.
The President is empowered to fulfill their duties as head of Parliament, the Executive, and the armed forces. They can seek advice from the Attorney General and Chief Justice. The President must ensure states follow the Constitution. The Prime Minister and Union Cabinet manage the rest of the government. They report to the President on important matters. As leaders of the majority party, they lead in making laws, setting budgets, and planning.
The President's main job is to stop unconstitutional decisions by the government or lawmakers. They do this by refusing to approve laws that go against the Constitution. They are the first defender of the Constitution. The Prime Minister and Union Cabinet advise the President. The President must act on this advice, as long as it is constitutional. The Prime Minister must tell the President about all decisions and proposed laws.
The President has constitutional protection for their actions while in office. But they can face legal action for unconstitutional acts after their term ends. The Union Cabinet has constitutional protection from legal action for the advice they give to the President.
The President cannot avoid their constitutional duty by saying they must follow the Cabinet's advice. The Supreme Court has clarified that the President must ensure their actions are constitutional. The Union Cabinet might avoid responsibility for unconstitutional laws by saying their advice to the President is protected.
The people of India cannot directly remove the President if they fail in their duties. This can only happen through impeachment by Parliament or removal by the Supreme Court. The people of India cannot directly remove the Prime Minister or Union Cabinet until their term ends. This is true even if they lose majority support or resign.

Key Presidential Actions in History

The President's role has changed over time. Presidents have sometimes stepped in to influence government and lawmaking. This has helped define their powers.

Proving Majority in Parliament

In 1979, Prime Minister Charan Singh did not have a majority in Parliament. He chose not to ask the President to call a Parliament meeting. Since then, Presidents have been more careful. They now ask new Prime Ministers to call Parliament and prove their majority within a few weeks. During this time, Prime Ministers are usually not allowed to make big policy decisions.

Showing Majority to Form a Government

Since the 1990s, elections often did not result in one party having a clear majority. This changed with the 2014 elections. In such cases, Presidents have used their power to ask Prime Minister candidates to show they have enough support. They usually ask for letters from party leaders with signatures of all supporting MPs. This is in addition to proving support in the Lok Sabha after being sworn in.

Vetoing a Bill

The Indian Constitution does not set a time limit for the President to approve or reject a bill. This means the President can use a "pocket veto." They can simply not take any action on a bill for a long time. President Zail Singh used this veto in 1986 on a Postal Bill. He did not approve it. He argued that the bill was too broad and would give the government too much power to check mail.

Explaining Decisions

In the late 1990s, President K. R. Narayanan made the President's office more open. He issued "Rashtrapati Bhavan Communiqués." These were public statements explaining why he made certain decisions using his special powers.

Sending a Bill Back

The Constitution allows the President to send a bill back to Parliament once for a second look. If Parliament sends the bill back again, with or without changes, the President must sign it. In 2006, President A. P. J. Abdul Kalam sent back a bill about "offices of profit." This bill would have allowed certain officials to hold jobs that might disqualify them from being MPs. The opposition parties praised his move. The ruling party sent the bill back without changes. After 17 days, President Kalam signed it.

Removing State Governors

President Pranab Mukherjee removed the governor of Arunachal Pradesh, Jyoti Prasad Rajkhowa. This happened after the Supreme Court ruled that the governor's actions were unconstitutional.

See also

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