Art 52: The President of India

• There shall be a President
  of India.

Election of PRESIDENT OF INDIA

• As per provisions of Constitution – Art 54,
  55, 58, 62, 71
• As per The Presidential and Vice-Presidential
  Elections Act, 1952
• As per The Presidential and Vice-Presidential
  Elections Rules, 1974

Electors

• All elected MPs (LS + RS)
• All elected MLAs (States)

So, how’s the President elected?

• Indirect
• System of proportional representation by means of the
  single transferable vote
• Voting – secret ballot.

Vote Value of MLAs

For e.g., Karnataka • No. of Assembly Seats – 224 • Population of Karnataka (1971 census) – 2,92,99,014 • Vote Value (of each MLA) =population of karnataka / total elective seats in assemblies * 1/1000

=29299014 / 224*1/1000

=131

Vote Value of MPs

Vote Value of MPs is = 700

Proportional Representation

• Electoral system in which the distribution of seats in a
  legislative body is designed to closely reflect the
  proportion of votes received by different political parties
  or candidates

What if there’s an Election Disputes

• To be resolved by Supreme Court only.
• However, the legitimacy of a President’s election cannot
  be challenged based on vacancies in the electoral college.
• Note: If the Supreme Court voids a President’s election,
  actions they took while in office before the decision of the
  court remain valid.

Why is the election indirect?

• She is a nominal head
• Direct election may result in creation of 2 rival powers.
• Such an election would be contested on personal as
  opposed to real issues.
• To help elect a statesman who can rise above party
  politics.

Other Conditions

• At least 50 electors as proposers and 50 electors as
  seconders.
• Security deposit of ₹ 15,000 with RBI. (forfeited if the
  candidate is unable to get 1/6th of the votes required
  to win the election)

Qualification

• Citizen of India.
• Minimum age – 35 years.
• He/She should be qualified for election as a
  member of the Lok Sabha.
• He/She should not hold any office of profit.

Oath/Affirmation

• “I, A.B., do swear in the name of God/
  solemnly affirm that I will faithfully
  execute the office of President (or
  discharge the functions of the President) of
  India and will to the best of my ability
  preserve, protect and defend the
  Constitution and the law and that I will
  devote myself to the service and well-being
  of the people of India.”.
• Administered by CJI/senior most SC judge

Conditions of Office:

• He is entitled,
  without payment of
  rent, to the use of his
  official residence
  (Rashtrapati
  Bhavan).

• Salaries, allowances etc. – Determined
  by Parliament
• Her emoluments(salary) and allowances
  are charged on the Consolidated Fund
  of India (CFI) and cannot be
  diminished during his term of office.

Consolidated Fund of India
(Art 266(1))

• It is a fund to which all receipts are credited and all
  payments are debited. For e.g.
  -all revenues received by the Government of India
  -all loans raised by the Government by the issue of treasury bills,
  loans or ways and means of advances
  -all money received by the government in repayment of loans
• All the legally authorised payments on behalf of the
  Government of India are made out of this fund.
• No money out of this fund can be appropriated except in
  accordance with a parliamentary law.
  
  Public Accounts of India
  (Art 266(2))
• All other public money (other than those which are
  credited to the Consolidated Fund of India) received by
  or on behalf of the Government of India shall be
  credited here.
• This includes provident fund deposits, judicial
  deposits, savings bank deposits, departmental
  deposits, remittances and so on.
• This account is operated by executive action. (Such
  payments are mostly in the nature of banking
  transactions)
  
  Contingency Fund of India
  (Art 267(1))
• It is established under Contingency Fund of India
  Act 1950 & is placed at the disposal of the President.
• He can make advances out of it to meet unforeseen
  expenditure pending its authorisation by the
  Parliament. For e.g.
  -Supplementary, additional or excess grant
• -Vote on account, vote of credit, exceptional grant
• The fund is held by the finance secretary on behalf of
  the President & is also operated by executive action.

Charged Expenditure

• The salaries and allowances of the
  – President (including other expenditure relating to his office)
  – Presiding & Deputy Presiding Officers of Parliament
  – Judges of the Supreme Court (including pension)
  – Comptroller and Auditor-General of India
• The pension to Judges of any High Court
• Debt charges for which the Government of India is liable
  including interest, etc.
• Any sums required to satisfy any judgment/decree/award of any
  court/tribunal;
• Any other expenditure declared by this Constitution or by
  Parliament by law to be so charged.

Term of President’s Office

• Tenure – 5 years
• Eligible for re-election any number of times

Vacancy in office

• On the expiry of his tenure of five years.
• By her resignation.
• On her removal by the process of impeachment.
• By her death
• Otherwise (illness, he gets disqualified

Impeachment: (Art 61)

Grounds: Violation of Constitution.
Manner:

• Process can start in either House
• 1/4th member give notice (14 days’ prior notice)
• Voting in the House
• Other House investigates charges
• Voting in the other House
  vVoting: Not less than two-thirds of the total
  membership of the House

Powers & Functions of President

Article 74

Council of Ministers to aid and advise President
1) There shall be a Council of Ministers with the Prime Minister at
the head to aid and advise the President who shall, in the
exercise of his functions, act in accordance with such advice:
Provided that the President may require the council of Ministers
to reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after
such reconsideration
2) The question whether any, and if so what, advice was tendered
by Ministers to the President shall not be inquired into in any
court

Immunity to President

• President/Governors shall not be answerable to
  any court for the exercise and performance of the
  powers and duties of his office
• No criminal proceedings whatsoever shall be
  instituted or continued against the
  President/Governors in any court during his
  term of office.
• No process for the arrest or imprisonment of the
  President/Governors shall issue from any court
  during his term of office.
• No civil proceedings shall be instituted against
  the President/Governor in any court during his
  term of office

EXECUTIVE POWERS OF PRESIDENT

• All executive actions of the Government of India are
  formally taken in her name.
• She makes rules for transaction of business of the
  Union government and for allocation of the business
  among the ministers.
• Art 75 – She appoints the prime minister and the
  other ministers on the advice of PM.
• She appoints the AG, CAG, CEC, ECs, Chairman &
  members of UPSC & FC, Governors of states etc.
• She can appoint a commission to investigate into the
  conditions of SCs, STs and OBCs.
  
• She can appoint an inter-state council to promote
  Centre–state and inter-state cooperation.
• She directly administers the UTs through
  administrators appointed by her.
• She lays down reports submitted by constitutional/
  statutory bodies in the Parliament.
• She can declare any area as scheduled area and has
  powers with respect to the administration of scheduled
  areas and tribal areas.
• All officers enjoy office during her pleasure.
• The Ministers shall hold office during the pleasure of
  the President.

Article 78. Duties of Prime Minister as respects the furnishing of information to the President, etc.

It shall be the duty of the Prime Minister
a) to communicate to the President all decisions of the
council of Ministers relating to the administration of the
affairs of the union and proposals for legislation;
b) to furnish such information relating to the administration
of the affairs of the Union and proposals for legislation as
the President may call for; and
c) if the President so requires, to submit for the
consideration of the Council of Ministers any matter on
which a decision has been taken by a Minister, but which
has not been considered by the Council.

Financial Powers

• Money bills can be introduced in the Parliament
  only with her prior recommendation.
• She can make advances out of the contingency
  fund of India to meet any unforeseen expenditure.
• She constitutes a finance commission after every
  five years.

Clemency Powers (Art 72)

• Pardon: Removes both the sentence and the
  conviction & person is absolved of guilt.
• Commutation: Changing character of
  punishment.
• Remission: Reduce period of sentence without
  changing character.
• Respite: Awarding a lesser sentence on account
  of special fact.
• Reprieve: Temporary stay on execution of
  sentence pending completion of clemency
  proceedings.
• 
  Apex Court on Clemency Powers
• President’s decision is subject to judicial review.
• Petitioner cannot insist on oral hearing.
• Clemency powers are independent of judiciary.
• Clemency has to be exercised on the advice of CoM.

Shatrughan Chauhan Case’2014

• Courts can commute death sentences in case of delay in deciding
  over clemency petitions.
• No solitary confinement for death convict.
• Rejection of the mercy petition should be communicated to the
  convict and his family in writing
• Regular mental health evaluation of death row convicts.
• Minimum 14 days’ notice for execution mandatory.
• Post-mortem of all executed convicts to determine cause of death.

Legislative Powers Of President

• She can summon or prorogue the Parliament and
  dissolve the Lok Sabha.

• Right to address:
  -Optional: Either House or
  both Houses assembled
  together
  -Mandatory: Both Houses of
  Parliament assembled
  together at the
  -commencement of the 1st
  session after each general
  election to the Lok Sabha and
  -at the commencement of the 1st
  session of each year
• Right to send messages to Parliament.
• She nominates 12 members of the
  Rajya Sabha from amongst persons
  having special knowledge or practical
  experience in literature, science, art
  and social service.
  
• She decides on questions as to disqualifications
  of MPs after obtaining Election Commission’s
  opinion.
• Her prior recommendation or permission is
  needed to introduce certain types of bills in the
  Parliament.
• She can also summon a joint sitting of both the
  Houses of Parliament.
• Ordinances

Veto Power Of President

• Absolute veto – Withholding of assent to the bill
• Qualified veto – Sending back a bill which can be
  overridden by the legislature with a higher majority.
• Suspensive veto – Sending back a bill which can be
  overridden by the legislature with an ordinary
  majority.
• Pocket veto – Taking no action on the bill passed by
  the legislature.