Head of the Indian State ,acts as the symbol of unity, integrity and solidarity of the nation
Elected by the elected members of both the Houses of Parliament, the elected members of the legislative assemblies of the states and the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry
But not by the nominated members.
The President is only a nominal executive and the real powers are vested in the council of ministers headed by the prime minister
*should be a citizen of India.
*should have completed 35 years of age *should be qualified for election as a member of the Lok Sabha
* should not hold any office of profit under the Union government or any state government or any local authority or any other public authority
President must be subscribed by at least 50 electors as proposers and 50 electors as seconders.
A sitting President or VicePresident of the Union, the Governor of any state and a minister of the Union or any state should not hold any office of profit to qualify as President nomination.
Conditions of the President
*should not be a member of either House of Parliament or a House of the state legislature
*He should not hold any other office of profit
*He is entitled, without payment of rent, to the use of his official residence (the Rastrapathi Bhavan) determined by Parliament.
Oath
Preserve ,protect and defend law and constitution,
Faithfully execute the office
Service and well-being of the people
Term- five years
Impeachment- removed as president for
‘violation of the Constitution’ with a majority of two third voting in both the houses.
A quasi-judicial procedure in the Parliament
Elected members of State legislative assembly have no role in impeachment but has a role in election.
Nominated members of the house have role in impeachment but no role in election.
Executive powers
He appoints the prime minister and the other ministers, attorney general of India, comptroller and auditor general of India, the chief election commissioner and other election commissioners, the chairman and members of the Union Public Service Commission, the governors of states, the chairman and members of finance commission
*He can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas
Legislative powers
Can summon a joint sitting, can dissolve the Lok Sabha,
nominates 12 members of the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service
He can nominate two members to the Lok Sabha from the AngloIndian Community.
Give an ordinance when Parliament is not in session.
he can give his assent to the bill or withhold his assent to the bill or return the bill (if it is not a money bill) for reconsideration of Parliament.
Financial Powers
Money bills can be introduced in the Parliament only with his prior recommendation
*constitutes a finance commission after every five years to recommend the distribution of revenues between the Centre and the states.
Judicial Powers
He appoints Chief Justice and Judges of Supreme Court and High Court.
Seeks advice from Supreme Court and High Court
He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence:
(i) In all cases where the punishment or sentence is by a martial;
(ii) In all cases where the punishment or sentence is for an offe against a Union law; and
(iii) In all cases where the sentence is a sentence of death.
Diplomatic Powers
The international treaties and agreements are negotiated and concluded on behalf of the President
Military Powers
He is the supreme commander of the defence forces of India. In that capacity, he appoints the chiefs of the Army, the Navy and the Air Force.
Emergency Powers
National Emergency (Article 352), President’s Rule (Article 356 & 365), Financial Emergency (Article 360)
Veto Powers
Absolute veto, that is, withholding of assent to the bill passed by the legislature.
Suspensive veto, which can be overridden by the legislature with an ordinary majority.
Pocket veto, that is, taking no action on the bill passed by the legislature.
"the President has been made only a nominal executive; the real executive being the council of ministers headed by the prime minister"