Emergencies In India
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The president of India (
ISO The International Organization for Standardization (ISO ; ; ) is an independent, non-governmental, international standard development organization composed of representatives from the national standards organizations of member countries. Me ...
: ) is the
head of state A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "
he head of state He or HE may refer to: Language * He (letter), the fifth letter of the Semitic abjads * He (pronoun), a pronoun in Modern English * He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana) * Ge (Cyrillic), a Cyrillic letter cal ...
being an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
of the
Republic of India India, officially the Republic of India, is a country in South Asia. It is the seventh-largest country by area; the most populous country since 2023; and, since its independence in 1947, the world's most populous democracy. Bounded by ...
. The president is the nominal head of the executive, the first citizen of the country, and the supreme commander of the
Indian Armed Forces The Indian Armed Forces are the armed forces, military forces of the India, Republic of India. It consists of three professional uniformed services: the Indian Army, the Indian Navy, and the Indian Air Force.—— Additionally, the Indian Ar ...
.
Droupadi Murmu Droupadi Murmu (born Durgi Biranchi Tudu; 20 June 1958) is an Indian politician who has been serving as the president of India since 2022. She won the 2022 Indian presidential election, 2022 presidential election as the Bharatiya Janata Party ...
is the 15th and current president, having taken office on 25 July 2022. The office of president was created when India's constitution came into force and it became a republic on 26 January 1950. The president is
indirectly elected An indirect election or ''hierarchical voting,'' is an election in which voters do not choose directly among candidates or parties for an office ( direct voting system), but elect people who in turn choose candidates or parties. It is one of the o ...
by an
electoral college An electoral college is a body whose task is to elect a candidate to a particular office. It is mostly used in the political context for a constitutional body that appoints the head of state or government, and sometimes the upper parliament ...
comprising both houses of the
Parliament of India The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok ...
and the legislative assemblies of each of India's states and territories, who themselves are all directly elected by the citizens. Article 53 of the
Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
states that the president can exercise their powers directly or by subordinate authority, though all of the executive powers vested in the president are, in practice, exercised by the
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
heading the
Council of Ministers Council of Ministers is a traditional name given to the supreme Executive (government), executive organ in some governments. It is usually equivalent to the term Cabinet (government), cabinet. The term Council of State is a similar name that also m ...
.The Constitution of India The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and ...
"> The president is bound by the constitution to act on the advice of the council and to enforce the decrees passed by the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
under article 142.


Origin

India achieved independence from the British on 15 August 1947, initially as a
dominion A dominion was any of several largely self-governance, self-governing countries of the British Empire, once known collectively as the ''British Commonwealth of Nations''. Progressing from colonies, their degrees of self-governing colony, colon ...
within the
Commonwealth of Nations The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majo ...
with
George VI George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until Death and state funeral of George VI, his death in 1952 ...
as king, represented in the country by a
governor-general Governor-general (plural governors-general), or governor general (plural governors general), is the title of an official, most prominently associated with the British Empire. In the context of the governors-general and former British colonies, ...
. Following independence, the
Constituent Assembly of India Constituent Assembly of India was partly elected and partly nominated body to frame the Constitution of India. It was elected by the Provincial assemblies of British India following the Provincial Assembly elections held in 1946 and nominated ...
, under the leadership of
B. R. Ambedkar Bhimrao Ramji Ambedkar (Bhīmrāo Rāmjī Āmbēḍkar; 14 April 1891 – 6 December 1956) was an Indian jurist, economist, social reformer and political leader who chaired the committee that drafted the Constitution of India based on t ...
, undertook the process of drafting a completely new constitution for the country. The
Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a
republic A republic, based on the Latin phrase ''res publica'' ('public affair' or 'people's affair'), is a State (polity), state in which Power (social and political), political power rests with the public (people), typically through their Representat ...
. The offices of monarch and governor-general were replaced by the new office of President of India, with
Rajendra Prasad Rajendra Prasad (3 December 1884 – 28 February 1963) was an Indian politician, lawyer, journalist and scholar who served as the first president of India from 1950 to 1962. He joined the Indian National Congress during the Indian independen ...
as its first incumbent. India retained its Commonwealth membership per the
London Declaration The London Declaration was a declaration issued by the 1949 Commonwealth Prime Ministers' Conference on the issue of India's continued membership of the Commonwealth of Nations, an association of independent states formerly part of the British ...
, recognising The King as "the symbol of the free association of its independent member nations and as such the Head of the Commonwealth." The Indian constitution accords to the president the responsibility and authority to defend and protect the Constitution of India and its rule of law. Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after the president's assent. The president shall not accept any actions of the executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of the constitution (Article 60), who has pre-emptive power for ensuring constitutionality in the actions of the executive or legislature. The role of the judiciary in upholding the Constitution of India is the second line of defence in nullifying any unconstitutional actions of the executive and legislative entities of the Indian Union.


Powers and duties


Duty

The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of their
oath Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths ...
(Article 60 of Indian constitution). The president is the common head of all independent constitutional entities. All their actions, recommendations ( Article 3, Article 111, Article 274, etc.) and supervisory powers ( Article 74(2), Article 78C, Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used in accordance to uphold the constitution. There is no bar on the actions of the president to contest in the court of law.


Legislative powers

Legislative power is constitutionally vested in the
Parliament of India The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok ...
of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses (
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
and
Rajya Sabha Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component o ...
) of the
parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
and prorogues them. They can dissolve the Lok Sabha. The president inaugurates parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The presidential address on these occasions is generally meant to outline the new policies of the
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
. All bills passed by the parliament can become laws only after receiving the assent of the president per Article 111. After a bill is presented to them, the president shall declare either that they assent to the Bill, or that they withhold assent from it. As a third option, they can return a bill to parliament, if it is not a
money bill In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law. Con ...
, for reconsideration. President may be of the view that a particular bill passed under the legislative powers of parliament is violating the constitution, they can send back the bill with their recommendation to pass the bill under the constituent powers of parliament following the Article 368 procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold their assent from it. The president can also withhold their assent to a bill when it is initially presented to them (rather than return it to parliament) thereby exercising a
pocket veto A pocket veto is a legislative maneuver that allows a president or other official with veto power to exercise that power over a bill by taking no action ("keeping it in their pocket"), thus effectively killing the bill without affirmatively vetoin ...
on the advice of the prime minister or council of ministers per Article 74 if it is inconsistent with the constitution. Article 143 gives the president the power to consult the
supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
about the constitutional validity of an issue. The president shall assent to constitutional amendment bills without power to withhold the bills per Article 368 (2). When either of the two Houses of the
Parliament of India The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok ...
is not in session, and if the government feels the need for an immediate procedure, the president can promulgate ordinances that have the same force and effect as an act passed by parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from the date the parliament is convened unless approved by it earlier. Under Article 123, the president as the upholder of the constitution shall be satisfied that immediate action is mandatory as advised by the union cabinet and they are confident that the government commands majority support in the parliament needed for the passing of the ordinance into an act and parliament can be summoned to deliberate on the passing of the ordinance as soon as possible. The promulgated ordinance is treated as an act of parliament when in force and it is the responsibility of the president to withdraw the ordinance as soon as the reasons for the promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and president, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action is inevitable when the extant provisions of the law are inadequate. Re-promulgation of an ordinance after failing to get approval within the stipulated time of both houses of parliament is an unconstitutional act by the president. The president should not incorporate any matter in an ordinance which violates the constitution or requires an amendment to the constitution. The president should take moral responsibility when an ordinance elapses automatically or is not approved by the parliament or violates the constitution. Thus, it is believed that the POI is the
de jure In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fa ...
head of the state, whereas PM is the de facto head.


Executive powers

As per Article 53, the
executive power The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
of the country is vested in the president and is exercised by the president either directly or through officers subordinate to him in accordance with the constitution. When parliament thinks fit it may accord additional executive powers to the president per Article 70 which may be further delegated by the president to the governors of states per Article 160.
Union cabinet The Union Council of Ministers is the Cabinet (government), principal executive organ of the Government of India, which serves to aid and advise the President of India in execution of their functions.Article 74 of the ''Constitution of India' ...
with
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
as its head, should aid and advise the president in performing their functions. Per Article 74 (2), the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing their duties. President or their subordinate officers is bound by the provisions of the constitution notwithstanding any advice by the union cabinet. As per Article 142, it is the duty of the president to enforce the decrees of the supreme court.


Judicial powers

The primary duty of the president is to preserve, protect and defend the constitution and the law of India per Article 60. The president appoints the
chief justice of India The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...
and other judges on the advice of the chief justice. The president may dismiss a judge with a two-thirds vote of the two Houses of the parliament. The Indian government's chief legal adviser, the
attorney-general for India The Attorney General for India is the chief legal advisor of the Government of India. The Attorney General is appointed by the President of India at the instance of the Union Cabinet under Article 76(1) of the Constitution and hold office durin ...
, is appointed by the president of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, they can also ask for the
advisory opinion An advisory opinion of a court or other government authority, such as an election commission, is a decision or opinion of the body but which is non-binding in law and does not have the effect of adjudicating a specific legal case, but which merely ...
of the
supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
per Article 143. Per Article 88, the president can ask the attorney general to attend the parliamentary proceedings and report to him any unlawful functioning if any.


Appointment powers

The president appoints as
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
, the person most likely to command the support of the majority in the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
(usually the leader of the majority party or coalition). The president then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the prime minister. The Council of Ministers remains in power at the 'pleasure' of the president. The president appoints 12 members of the
Rajya Sabha Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component o ...
from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. The president may nominate not more than two members of
Anglo Indian Anglo-Indian people are a distinct minority community of mixed-race British and Indian ancestry. During the colonial period, their ancestry was defined as British paternal and Indian maternal heritage; post-independence, "Anglo-Indian" has a ...
community as
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
members per Article 331, which was removed in 2019.
Governors A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
of
states State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
are also appointed by the president who shall work at the pleasure of the president. Per Article 156, the president is empowered to dismiss a governor who has violated the constitution in their acts. The president is responsible for making a wide variety of appointments. These include: * The
Chief Justice of India The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...
and other judges of the
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
and state/union territory high courts. * The Chief Minister of the National Capital Territory of Delhi (Article 239 AA 5 of the constitution). * The
Comptroller and Auditor General Of India The Comptroller and Auditor General of India (ISO: ''Bhārata kē Niyaṁtraka ēvaṁ Mahālēkhāparīkṣaka'') is the supreme audit institution of India, established under Article 148 of the Constitution of India. They are empowered to au ...
. * The Chief Election Commissioner and other Election Commissioners. * The chairman and other members of the
Union Public Service Commission The Union Public Service Commission (UPSC) is a constitutional body tasked with recruiting officers for All India Services and the Central Civil Services (Group A and B) through various standardized examinations. In 2023, 1.3 million applica ...
. * The
Attorney General Of India The Attorney General for India is the chief legal advisor of the Government of India. The Attorney General is appointed by the President of India at the instance of the Union Cabinet under Article 76(1) of the Constitution and hold office du ...
. *
Ambassador An ambassador is an official envoy, especially a high-ranking diplomat who represents a state and is usually accredited to another sovereign state or to an international organization as the resident representative of their own government or so ...
s and High Commissioners to other countries (only through the list of names given by the prime minister). * Officers of the
All India Services The All India Services (AIS) comprises three Civil Services of India common to the centre and state governments, which includes the Indian Administrative Service (IAS), the Indian Police Service (IPS), and the Indian Forest Service (IFS). ...
( IAS, IPS and IFoS), and other Central Civil Services in Group 'A'.


Financial powers

* A financial bill can be introduced in the parliament only with the president's recommendation. * The president lays the Annual Financial Statement, i.e. the Union budget, before the parliament. * The president can take advances out of the Contingency Fund of India to meet unforeseen expenses. * The president constitutes a
Finance Commission The Finance Commissions (IAST: ''Vitta Jayga'') are commissions periodically constituted by the President of India under ''Article 280'' of the Indian Constitution to define the financial relations between the central government of India and ...
every five years to recommend the distribution of the taxes between the centre and the States. The most recent was constituted in 2017.


Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf of the president. However, in practice, such negotiations are usually carried out by the prime minister along with their Cabinet (especially the Minister of External Affairs). Also, such treaties are subject to the approval of the parliament. The president represents India in international forums and affairs where such a function is chiefly ceremonial. The president may also send and receive diplomats, i.e. the officers from the
Indian Foreign Service The Indian Foreign Service (IFS) is a diplomatic service and a Central Civil Services, central civil service of the Government of India, Government of the Republic of India under the Ministry of External Affairs (India), Ministry of External A ...
. The president is the first citizen of the country.


Military powers

The president is the supreme commander of the
Indian Armed Forces The Indian Armed Forces are the armed forces, military forces of the India, Republic of India. It consists of three professional uniformed services: the Indian Army, the Indian Navy, and the Indian Air Force.—— Additionally, the Indian Ar ...
. Only the president can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the prime minister. All important treaties and contracts are made in the president's name.


Pardoning powers

As mentioned in Article 72 of the
Indian constitution The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and ...
, the president is empowered with the powers to grant
pardons A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
in the following situations: * punishment for an offence against Union law * punishment by a
military court A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...
* a
death sentence Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most cases, however, the president exercises their executive powers on the advice of the prime minister and the cabinet.


Emergency powers

The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.


National emergency

A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 ( Indo-China war), 1971 ( Indo-Pakistan war), and 1975 to 1977 (declared by
Indira Gandhi Indira Priyadarshini Gandhi (Given name, ''née'' Nehru; 19 November 1917 – 31 October 1984) was an Indian politician and stateswoman who served as the Prime Minister of India, prime minister of India from 1966 to 1977 and again from 1980 un ...
). ee main/sup> Under Article 352 of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
. Such a proclamation must be approved by the parliament with at least a two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration. In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended ( Article 21). The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the president for approval. The term of the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
can be extended by a period of up to one year, but not so as to extend the term of parliament beyond six months after the end of the declared emergency. National Emergency has been proclaimed 3 times in India to date. It was declared first in 1962 by President
Sarvepalli Radhakrishnan Sarvepalli Radhakrishnan (; 5 September 188817 April 1975; natively Radhakrishna) was an Indian academician, philosopher and statesman who served as the President of India from 1962 to 1967. He previously served as the vice president of ...
, during the
Sino-Indian War The Sino–Indian War, also known as the China–India War or the Indo–China War, was an armed conflict between China and India that took place from October to November 1962. It was a military escalation of the Sino–Indian border dispu ...
. This emergency lasted through the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of the Indo-Pakistani War of 1971. The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President
Fakhruddin Ali Ahmed Fakhruddin Ali Ahmed (13 May 1905 – 11 February 1977) was an Indian lawyer and politician who served as the President of India from 1974 to 1977. Born in Delhi, Ahmed studied in Delhi and Cambridge and was called to the bar from the Inner ...
, with
Indira Gandhi Indira Priyadarshini Gandhi (Given name, ''née'' Nehru; 19 November 1917 – 31 October 1984) was an Indian politician and stateswoman who served as the Prime Minister of India, prime minister of India from 1966 to 1977 and again from 1980 un ...
as prime minister in 1975. In 1977, the second and the third emergencies were together revoked.


State emergency

If the president is not fully satisfied, on the basis of the report of the governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the constitution, they can proclaim under Article 356 a state of emergency in the state. Such an emergency must be approved by the
parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
within a period of 2 months. Under Article 356 of the
Indian constitution The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and ...
, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a
constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
, as has happened in
Punjab Punjab (; ; also romanised as Panjāb or Panj-Āb) is a geopolitical, cultural, and historical region in South Asia. It is located in the northwestern part of the Indian subcontinent, comprising areas of modern-day eastern Pakistan and no ...
and Jammu and Kashmir. During such an emergency, the president can take over the entire work of the executive, and the governor administers the state in the name of the president. The Legislative Assembly can be dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects of the state list (see
National emergency A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
for explanation). A State Emergency can be imposed via the following: # By Article 356If that state failed to run constitutionally, i.e. constitutional machinery has failed. When a state emergency is imposed under this provision, the state is said to be under " President's rule. # By Article 365If that state is not working according to the direction of the Union government issued per the provisions of the constitution. This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if # A state of National Emergency has been declared in the country or the particular state. # The Election Commission finds it difficult to organise an election in that state. The
Sarkaria Commission Sarkaria Commission was set up in June 1983 by the central government of India. Its charter was to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of Co ...
held that presidents have unconstitutionally misused the provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states. During 2005, President's rule was imposed in
Bihar Bihar ( ) is a states and union territories of India, state in Eastern India. It is the list of states and union territories of India by population, second largest state by population, the List of states and union territories of India by are ...
state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections. There is no provision in the constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at the end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president.


Financial emergency

Article 282 accords financial autonomy in spending the financial resources available with the states for public purposes. Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from the Union government. However, the Union government can insist on compliance with its loan terms when a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India. Under article 360 of the constitution, the president can proclaim a financial emergency when the financial stability or credit of the nation or any part of its territory is threatened. However, until now no guidelines defining the situation of financial emergency in the entire country or a state or union territory or a panchayat or a municipality or a corporation have been framed either by the
finance commission The Finance Commissions (IAST: ''Vitta Jayga'') are commissions periodically constituted by the President of India under ''Article 280'' of the Indian Constitution to define the financial relations between the central government of India and ...
or by the central government. Such an emergency must be approved by the parliament within two months by a simple majority. It has never been declared. A state of financial emergency remains in force indefinitely until revoked by the president. The president can reduce the salaries of all government officials, including judges of the
supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
and high courts, in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. They can direct the state to observe certain principles (economy measures) relating to financial matters.


Selection process


Eligibility

Article 58 of the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
sets the principal qualifications one must meet to be eligible to the office of the president. A president must be: * a
citizen of India India has two primary pieces of legislation governing nationality requirements, the Constitution of India and the Citizenship Act, 1955. All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by ...
* of 35 years of age or above * qualified to become a member of the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
A person shall not be eligible for election as president if they hold any
office of profit An office of profit means a position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. It is a term used i ...
under the Government of India or the Government of any State or any local or other authority subject to the control of any of the said Governments. Certain office-holders, however, are permitted to stand as presidential candidates. These are: * The current
vice president A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...
* The governor of any state * A Minister of the Union or of any state (including
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
and chief ministers) In the event that the vice president, a state governor or a minister is elected president, they are considered to have vacated their previous office on the date they begin serving as president. A member of parliament or a state legislature can seek election to the office of the president but if they are elected as president, they shall be deemed to have vacated their seat in parliament or a state legislature on the date on which they enter upon their office as president rticle 59(1)''. Article 57 provides that a person who holds, or who has held, office as president shall, subject to the other provisions of this constitution, be eligible for re-election to that office. Under the Presidential and Vice-Presidential Elections Act, 1952, a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for their name to appear on the
ballot A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16th cent ...
.


Time of election

Article 56(1) of the constitution provides that the president shall hold office for a term of five years, from the date on which they enter their office. According to Article 62, an election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. An election to fill a vacancy in the office of President occurring by reason of their death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which they enter their office. To meet the contingency of an election to the office of President not being completed in time due to unforeseen circumstances like countermanding of an election due to death of a candidate or on account of the postponement of the poll for any valid reason, Article 56(1)(c) provides that the president shall, notwithstanding the expiration of their term, continue to hold office until their successor enters into office.


Conditions for the presidency

Certain conditions, per Article 59 of the Indian constitution, debar an otherwise eligible citizen from contesting the presidential elections. The conditions are: * The president shall not be a member of either house of the parliament or a house of the legislature of any state, and if a member of either house of the parliament or a house of the legislature of any state is elected president, they shall be deemed to have vacated their seat in that house on the date on which they enter into office as president. * The president shall not hold any other office of profit. * The president shall be entitled without payment of rent to the use of their official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. * The emoluments and allowances of the president shall not be diminished during their term of office.


Election process

Whenever the office becomes vacant, the new president is chosen by an
electoral college An electoral college is a body whose task is to elect a candidate to a particular office. It is mostly used in the political context for a constitutional body that appoints the head of state or government, and sometimes the upper parliament ...
consisting of the elected members of both houses of
parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
( MPs), the elected members of the State Legislative Assemblies (
Vidhan Sabha The State Legislative Assembly, also known as the Vidhan Sabha or the Saasana Sabha, is a legislative body in each of the states and certain union territories of India. Members of the legislative assembly are often directly elected to serve fiv ...
) of all States and the elected members of the legislative assemblies (
MLAs A Member of the Legislative Assembly (MLA) is a representative elected to sit in a legislative assembly. The term most commonly refers to members of the legislature of a federated state or an autonomous region, but is also used for several nationa ...
) of union territories with legislatures, i.e., National Capital Territory (NCT) of Delhi, Jammu and Kashmir and Puducherry. The election process of the president is a more extensive process than of the
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
who is also elected indirectly (elected by the members of the majority party (or union) in the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
). Whereas President being the constitutional head with duties to protect, defend and preserve the constitution and
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
in a
constitutional democracy A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of Legal entity, entity, and commonly determines how that entity is to be governed. Wh ...
with constitutional supremacy, is elected in an extensive manner by the members of Lok Sabha,
Rajya Sabha Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component o ...
and state legislative assemblies in a secret ballot procedure. The nomination of a candidate for election to the office of the president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security deposit of in the
Reserve Bank of India Reserve Bank of India, abbreviated as RBI, is the central bank of the Republic of India, and regulatory body responsible for regulation of the Indian banking system and Indian rupee, Indian currency. Owned by the Ministry of Finance (India), Min ...
. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled. The election is held by means of the
instant-runoff voting Instant-runoff voting (IRV; ranked-choice voting (RCV), preferential voting, alternative vote) is a single-winner ranked voting election system where Sequential loser method, one or more eliminations are used to simulate Runoff (election), ...
(IRV) method. The voting takes place by a
secret ballot The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote ...
system. The manner of election of President is provided by Article 55 of the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
. Each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states. Finally, the number of legislators in state matters; if a state has few legislators, then each legislator has more votes; if a state has many legislators, then each legislator has fewer votes. The actual calculation for votes cast by a particular state is calculated by dividing the state's population by 1000, which is divided again by the number of legislators from the State voting in the electoral college. This number is the number of votes per legislator in a given state. Every elected member of the parliament enjoys the same number of votes, which may be obtained by dividing the total number of votes assigned to the members of legislative assemblies by the total number of elected representatives of the parliament. Although Indian presidential elections involve actual voting by MPs and
MLAs A Member of the Legislative Assembly (MLA) is a representative elected to sit in a legislative assembly. The term most commonly refers to members of the legislature of a federated state or an autonomous region, but is also used for several nationa ...
, they tend to vote for the candidate supported by their respective parties.


Oath or affirmation

The president is required to make and subscribe in the presence of the
chief justice of India The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...
—or in their absence, the senior-most judge of the supreme court—an oath or affirmation to protect, preserve and defend the constitution as follows:


Emoluments

The president of India used to receive per month per the Second Schedule of the constitution. This amount was increased to in 1998. On 11 September 2008, the
Government of India The Government of India (ISO 15919, ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of States and union t ...
increased the salary of the president to . This amount was further increased to in the 2018 Union budget of India. However, almost everything that the president does or wants to do is taken care of by an annual budget that the Government allots for their upkeep.
Rashtrapati Bhavan The Rashtrapati Bhavan (, ISO: ''Rāṣṭrapati Bhavana''; ; formerly Viceroy's House (1931–1947) and Government House (1947–1950)) is the official residence of the President of the Republic of India at the western end of Rajpath, Rai ...
, the president's official residence, is the largest
presidential palace A presidential palace is the official residence of the president in some countries. Some presidential palaces were once the official residences to monarchs in former monarchies that were preserved during those states' transition into republics. ...
in the world. The
Rashtrapati Nilayam Rashtrapati Nilayam (), formerly known as Residency House, is the official winter retreat of the President of India located in Hyderabad, Telangana. The President stays here for at least two weeks during their winter visit and conducts official ...
at
Bolarum Bolarum( Telugu :బొల్లారం ) is a locality in Secunderabad in Hyderabad, Telangana, India. It is in the Hyderabad Metropolitan Region. The distance from Bolarum to Secunderabad is 10 km. Demographics As per the Census 2001 ...
,
Hyderabad Hyderabad is the capital and largest city of the Indian state of Telangana. It occupies on the Deccan Plateau along the banks of the Musi River (India), Musi River, in the northern part of Southern India. With an average altitude of , much ...
and Retreat Building at
Chharabra Chharabra is a suburb situated approximately 8250 feet (2514 m) above sea level, 13 km from Shimla, India, on National Highway 22 (India), National Highway 22 (Hindustan-Tibet Road). It has the summer retreat of President of India, the summ ...
,
Shimla Shimla, also known as Simla ( the official name until 1972), is the capital and the largest city of the northern Indian state of Himachal Pradesh. In 1864, Shimla was declared the summer capital of British India. After independence, the city ...
are the official Retreat Residences of the president of India. The
official state car An official state car is an automobile used by a government to transport its head of state or head of government in an official capacity, which may also be used occasionally to transport other members of the government or visiting dignitaries from ...
of the president is a custom-built heavily armored Mercedes Benz S600 (W221) Pullman Guard. The former presidents and widows and widowers of presidents are eligible for pension, furnished accommodation, security, various allowances, etc. File:PresidentPalaceDelhi.jpg,
Rashtrapati Bhavan The Rashtrapati Bhavan (, ISO: ''Rāṣṭrapati Bhavana''; ; formerly Viceroy's House (1931–1947) and Government House (1947–1950)) is the official residence of the President of the Republic of India at the western end of Rajpath, Rai ...
, the official residence of the president, located in New Delhi File:Rashtrapati Nilayam.jpg,
Rashtrapati Nilayam Rashtrapati Nilayam (), formerly known as Residency House, is the official winter retreat of the President of India located in Hyderabad, Telangana. The President stays here for at least two weeks during their winter visit and conducts official ...
is the official retreat of the president located in
Hyderabad Hyderabad is the capital and largest city of the Indian state of Telangana. It occupies on the Deccan Plateau along the banks of the Musi River (India), Musi River, in the northern part of Southern India. With an average altitude of , much ...
. File:Retreat Building.jpg, The Retreat Building is the official summer retreat of the president located in
Shimla Shimla, also known as Simla ( the official name until 1972), is the capital and the largest city of the northern Indian state of Himachal Pradesh. In 1864, Shimla was declared the summer capital of British India. After independence, the city ...
. File:Honour guard, India 20060302-9 d-0108-2-515h.jpg, The President's Bodyguards is an elite household cavalry regiment of the
Indian Army The Indian Army (IA) (ISO 15919, ISO: ) is the Land warfare, land-based branch and largest component of the Indian Armed Forces. The President of India is the Commander-in-Chief, Supreme Commander of the Indian Army, and its professional head ...
. File:IAF Mi 8 for VIP Transport at Aero India 2013.JPG, A helicopter of IAF's special VIP fleet meant for carrying the President of India File:Air India One Chennai.png, VIP B777 with call sign Air India One (INDIA 1) is used for international travels by the President. File:Air India One 737.jpg,
Indian Air Force The Indian Air Force (IAF) (ISO 15919, ISO: ) is the air force, air arm of the Indian Armed Forces. Its primary mission is to secure Indian airspace and to conduct aerial warfare during armed conflicts. It was officially established on 8 Octob ...
's BBJ 737 with call sign Air India One (INDIA 1) is used for domestic travels by the President.


Impeachment

The Supreme Court shall inquire and decide regarding all ''doubts'' and ''disputes'' arising out of or in connection with the election of a president per Article 71(1) of the constitution. The Supreme Court can remove the president for the electoral malpractices or upon being not eligible to be a member of the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
under the
Representation of the People Act, 1951 The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Parliament of India, Houses of Parliament and to the House or Houses of the Vidhan Sabha, Legislature of each State, the ...
. Subject to Article 71 (3), parliament made applicable rules/procedure to petition the supreme court for resolving the ''disputes'' only that arise during the election process of the president but not the ''doubts'' that arise from their unconstitutional actions/deeds or changing Indian citizenship during the tenure of the president which may violate the requisite election qualifications. The president may also be removed before the expiry of the term through
impeachment Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...
for violating the
Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
by the
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
of India. The process may start in either of the two houses of the
parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
. The house initiates the process by levelling the charges against the president. The charges are contained in a notice that has to be signed by at least one-quarter of the total members of that house. The notice is sent up to the president and 14 days later, it is taken up for consideration. A resolution to impeach the president has to be passed by a two-thirds majority of the total number of members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the president has the right to defend himself through an authorised
counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...
. If the second house also approves the charges made by the special majority again, the president stands impeached and is deemed to have vacated their office from the date when such a resolution stands passed. No president has faced impeachment proceedings so the above provisions have never been used. Under Article 361 of the constitution, though the president cannot be summoned for questioning except on their voluntary willingness to testify in the court in support of their controversial deeds, the unconstitutional decisions taken by the president would be declared invalid by the courts. The case would be decided by the courts based on the facts furnished by the Union government for the president's role. As clarified by the supreme court in the case ''Rameshwar Prasad & Others vs Union of India & An Other'' on 24 January 2006; though the president cannot be prosecuted and imprisoned during their term of office, they can be prosecuted after he/she steps down from the post for any guilt committed during the term of the presidency as declared earlier by the courts. No president has resigned on impropriety to continue in office for declaring and nullifying their unconstitutional decisions by the courts till now. No criminal case at least on the grounds of disrespecting constitution is lodged till now against former presidents to punish them for their unconstitutional acts; though many decisions taken during the term of a president have been declared by the supreme court as unconstitutional, ''
mala fides Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which c ...
'', void, ''
ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
'', etc.


Succession

The Office of the president falls vacant in the following scenarios: # On the expiry of their term. # By reason of death. # By reason of
resignation Resignation is the formal act of relinquishing or vacating one's office or position. A resignation can occur when a person holding a position gained by election or appointment steps down, but leaving a position upon the expiration of a term, or ...
. # Removal by
impeachment Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...
. Article 65 of the
Indian constitution The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and ...
says that the
vice-president of India The vice president of India (ISO: ) is the deputy to the head of state of the Republic of India, i.e. the president of India. The office of vice president is the second-highest constitutional office after the president and ranks second in the ...
will have to discharge the duties, if the office falls vacant due to any reason other than the expiry of the term. The vice president reverts to their office when a new president is elected and enters office. When the president is unable to act because of absence, illness or any other cause, the vice president discharges the president's functions until the president resumes the duties. A vice president who acts as or discharges the functions of the president has all the powers and immunities of the president and is entitled to the same emoluments as the president. When a vice president discharges the duties of the president, he/she does not function as the Chairperson of the Rajya Sabha. The
Indian parliament The Parliament of India (ISO: ) is the supreme legislative body of the Government of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President o ...
has enacted the law—''The President (Discharge of Functions) Act, 1969'' — for the discharge of the functions of the president when vacancies occur in the offices of the president and the vice president simultaneously, owing to removal, death, resignation of the incumbent or otherwise. In such an eventuality, the chief justice—or in their absence, the senior-most judge of the
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
available—discharges the functions of the president until a newly elected president enters upon their office or a newly elected vice president begins to act as president under Article 65 of the constitution, whichever is the earlier. For example, in 1969, when President
Zakir Husain Zakir Husain Khan (8 February 1897 – 3 May 1969) was an Indian educationist and politician who served as the vice president of India from 1962 to 1967 and president of India from 13 May 1967 until his death on 3 May 1969. Born in H ...
died in office, Vice-President V. V. Giri served as the acting president of India. However, later, V.V Giri resigned from both posts (Acting President of India and Vice-President of India) as he became a candidate in the 1969 presidential election in India. In this event, the then chief justice of India, Justice
Mohammad Hidayatullah Mohammad Hidayatullah (; 17 December 1905 – 18 September 1992) was an eminent Indian people, Indian jurist, scholar, linguist, educationist, writer and politician, statesman who served as the acting President of India on two different occasio ...
served as the acting president of India until the next president was elected.


President vs Chief Justice


President vs Prime minister


Important presidential interventions in the past

The president's role as defender of the constitution and the powers as Head of State, especially in relation to those exercised by the prime minister as leader of the government, have changed over time. In particular, Presidents have made a number of interventions into government and lawmaking, which have established and challenged some conventions concerning presidential intervention.


Proving majority in the parliament

In 1979, Prime Minister Charan Singh did not enjoy a parliamentary majority. He responded to this by simply not advising the president to summon parliament. Since then, presidents have been more diligent in directing incoming Prime Ministers to convene parliament and prove their majority within reasonable deadlines (2 to 3 weeks). In the interim period, the Prime Ministers are generally restrained from making policy decisions.


Proof of Majority to form a Government

Since the 1990s, Parliamentary elections have generally not resulted in a single party or group of parties having a distinct majority, until the 2014 Lok Sabha elections when BJP received a clear majority. In such cases, presidents have used their discretion and directed prime ministerial aspirants to establish their credentials before being invited to form the government. Typically, the aspirants have been asked to produce letters from various party leaders, with the signatures of all the MPs who are pledging support to their candidature. This is in addition to the requirement that a prime minister proves he has the support of the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
(by a vote on the floor of the house) within weeks of being sworn into office.


Vetoing of a Bill

Since the Indian constitution does not provide any time limit within which the president is to declare their assent or refusal, the president could exercise a "pocket veto" by not taking any action for an indefinite time. The veto was used in 1986 by President
Zail Singh Giani Zail Singh (, born Jarnail Singh; 5 May 1916 – 25 December 1994) was an Indian politician from Punjab who served as the president of India from 1982 to 1987 and chief minister of Punjab. He was the first Sikh to become president. B ...
over the Postal Bill. The president did not give assent to the bill, arguing that its scope was too sweeping and would give the government arbitrary powers to intercept postal communications indiscriminately.


Rashtrapati Bhavan Communiqués

In the late 1990s, President
K. R. Narayanan Kocheril Raman "K. R." Narayanan (27 October 1920 – 9 November 2005) was an Indian statesman, diplomat, academic, and politician who served as the vice president of India from 1992 to 1997 and president of India from 1997 to 2002. Naray ...
introduced a modicum of transparency and openness in the functioning of the President. This was by means of Rashtrapati Bhavan Communiqués explaining, to the nation, the thinking that led to the various decisions he took while exercising their discretionary powers.Interview
with K. R. Narayanan on Independence day, 15 August 1998; by N. Ram, editor, Frontline K. R. Narayanan in conversation with N. Ram", ''The Hindu'', 10 November 2005. Retrieved 24 February 2006


Return of a Bill

The constitution gives the president the power to return a bill unsigned but it circumscribes the power to send it back only once for reconsideration. If the parliament sends back the bill with or without changes, the president is obliged to sign it. In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding the exclusion of certain offices from the scope of 'offices of profit', the holding of which would disqualify a person from being a member of parliament. The combined opposition, the NDA, hailed the move. The UPA chose to send the bill back to the president without any changes and, after 17 days, Kalam gave his assent on 18 August 2006.


Sacking state governors

Arunachal Pradesh Arunachal Pradesh (; ) is a States and union territories of India, state in northeast India. It was formed from the North-East Frontier Agency (NEFA) region, and India declared it as a state on 20 February 1987. Itanagar is its capital and la ...
governor Jyoti Prasad Rajkhowa, who was earlier appointed by the ruling party at the centre, was sacked by President
Pranab Mukherjee Pranab Kumar Mukherjee ( ; born, 11 December 1935 – 31 August 2020) was an Indian statesman who served as the president of India from 2012 until 2017. He was the first person from West Bengal to hold the post of President of India. In a pol ...
after the Supreme Court struck down his unconstitutional acts.


See also

*
List of presidents of India The president of India is the head of state of the India, Republic of India and the commander-in-chief, supreme commander of the Indian Armed Forces. The president is referred to as the first citizen of India. Although vested with these po ...
* Spouse of the President of India


Notes


References


External links

* * {{Navboxes , list = {{Union ministries of India {{India topics {{Military of India {{Heads of state and government of Asia Parliament of India
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...