Election, impeachment, powers, and functions

Introduction

1. The President of India is the Head of State and the first citizen of the country.
2. The office is governed by Articles 52–62 of the Indian Constitution.
3. The President acts as the nominal executive, with real executive powers vested in the Council of Ministers headed by the Prime Minister.

Election of the President

1. The President is elected through an indirect election by an Electoral College.
2. The Electoral College consists of:
   • Elected members of the Lok Sabha and Rajya Sabha.
   • Elected members of the Legislative Assemblies of States and Union Territories with Legislatures.
3. The election is conducted using the single transferable vote system and proportional representation.
4. Voting is done by secret ballot.
5. To be eligible for election, a candidate must:
   • Be a citizen of India.
   • Be at least 35 years of age.
   • Be qualified to be a member of the Lok Sabha.
   • Not hold any office of profit under the Government of India or any state.

Impeachment of the President

1. The President can be removed from office through an impeachment process for violation of the Constitution.
2. The process is detailed in Article 61 of the Constitution.
3. The impeachment process requires:
   • A resolution signed by at least one-fourth of the total members of the House initiating the process.
   • A two-thirds majority in both Houses of Parliament for the resolution to pass.
4. The President must be given an opportunity to defend themselves.

Powers and Functions of the President

1. Executive Powers

1. The President appoints the Prime Minister and, on their advice, other members of the Council of Ministers.
2. Appoints key officials like the Governors of States, the Chief Justice of India, other judges of the Supreme Court and High Courts, the Comptroller and Auditor General (CAG), and others.
3. All executive actions of the government are taken in the name of the President.

2. Legislative Powers

1. The President summons and prorogues Parliament and can dissolve the Lok Sabha.
2. The President gives assent to bills or returns them for reconsideration (except money bills).
3. Can promulgate ordinances when Parliament is not in session under Article 123.
4. Nominates:
   • 12 members to the Rajya Sabha from fields like literature, science, art, and social service.
   • Two members to the Lok Sabha from the Anglo-Indian community (if deemed necessary).

3. Financial Powers

1. The President causes the Annual Financial Statement (Budget) to be laid before Parliament.
2. No money bill can be introduced in Parliament without the President's recommendation.

4. Judicial Powers

1. The President has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 72.
2. This includes cases involving:
   • Death sentences.
   • Offenses against union laws.

5. Emergency Powers

1. The President can proclaim three types of emergencies:
   • National Emergency under Article 352.
   • President's Rule under Article 356.
   • Financial Emergency under Article 360.
2. During emergencies, the President's powers become extensive, and the federal structure may shift towards a more unitary system.

Significance of the President

1. The President ensures the functioning of the constitutional machinery.
2. Acts as a symbol of the nation’s unity and integrity.
3. Plays a vital role during political instability or emergencies.

Conclusion

The President of India, as the constitutional head, plays a pivotal role in maintaining the integrity and functioning of the Indian state. While largely a ceremonial figure, the President’s powers during crucial situations highlight the importance of this office in the Indian political system.