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What Is the Role of President of India? - Know About Eligibility, Tenure, Election Process & Salary!

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What Is the Role of President of India? - Know About Eligibility, Tenure, Election Process & Salary! What is the Role of President of India? - Know About Eligibility, Tenure, Election Process & Salary! With Lok Sabha Elections, 2019 round the corner, Indian citizens are all set for voting. Little did we know that all we would be voting for potential members of Parliament who will ultimately choose the Prime Minister of India. Read this article to understand who and what does the ‘First Citizen of India’ account for, history of the post of President of India, Articles of Indian Constitution, Eligibility, Salary of President of India, Work tenure & more ! President of India • The President, or de facto ‘The First Citizen of India’, plays significant role of the head of state of India. President is the supreme commander of all the three Indian Armed Forces. • After the complex electoral process, Ram Nath Kovind took an oath on July 25, 2017, as the 14th President of India. • Members of the Lok Sabha - the lower house of India's bicameral Parliament, Rajya Sabha - the upper house, Vidhan Sabha - the state legislative assemblies and the union territories together elect the President by conducting the election process. It is known as ‘Electoral College’. History of the Post of President of India The history of the post ‘President’ traces back to the British colonization in India. After independence (August 15, 1947), under the leadership of Dr B.R. Ambedkar, a 1 | P a g e completely new constitution was drafted. This constitution came into action on January 26, 1950. This was the day when India became a republic nation. During British Raj, the Governor-general was the highest and controlling person of British administration of India. However, on January 26, 1950, These offices of sovereignty and Governor-general were replaced by the new post of the ‘President of India’. Dr. Rajendra Prasad became the first Indian President. Since 1950, there have been 14 Presidents in India. Besides these 14 Presidents, there had been 3 acting presidents in the office for a short time period. The 3 acting presidents were: • Varahagiri Venkata Giri (1969, after the death of Zakir Husain) • Mohammad Hidayatullah ( 20 July 1969 to 24 August 1969 and from 6 October 1982 to 31 October 1982) • B. D. Jatti (11 February to 25 July 1977) Seven presidents out of 14 belonged to a political party. Six of them were representing the Indian National Congress while Neelam Sanjiva Reddy was representing The Janata Party. In 2007, Pratibha Patil became the first woman to take an oath as a President of India. 2 | P a g e Indian Constitution Articles Related to the President of India Following are the articles related to the post of ‘President of India’ as listed in the Indian Constitution: Article Article No. 52 The President of India There shall be a President of India. 53 The Executive Power of the Union As per the clauses in the Indian constitution, the president has the responsibility and authority to accord with, to defend and protect the constitution and its rule of law. Therefore, without the approval of the president, no action can be taken by the executive or legislature bodies. Also, any such actions are taken with the president’s consent will become law. The President remains the authoritative supreme commander of all 3 Indian Armed Forces. 54 Election of President The President will be elected by the members through the electoral college. 55 The manner of Election of President of India As per article 55, as far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. 56 The term of office of President of India This describes the tenure of the President to be 5 years subject to change in case of resignation, impeachment or death. 3 | P a g e 57 Eligibility of re-election President shall be eligible for re-election to the office subject to the other provisions to the constitution. 58 Qualifications for election as President Article 58 talks about the qualifications and eligibility criteria for the post of President of India. 59 Conditions of the President’s office The President is not allowed to be a member of either House of Parliament or of a House of the Legislature of any State. The article also talks about the compensation and privileges that are available to the President of India. 60 Oath or affirmation by the President of India Every President has to take an oath in the presence of chief justice of India, or in his absence, in the presence of Senior most judge of supreme court of India. 61 Procedure for impeachment of the President of India Article 61 talks about the procedures, terms and conditions associated with the impeachment of a President for violation of the Constitution, the charge shall be preferred by either House of Parliament. 62 Time of holding an election to fill the vacancy in the office of president and the term of office or person elected to fill a casual vacancy When a new president is to be elected upon completion of terms by present president, the election process has to be completed before the term ends. Also, in case of resignation, impeachment or death of the present president, an election has to conducted within six months of the event. 65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President of India 4 | P a g e In case of resignation, impeachment or death of the president, or in the absence of the president, the vice-president has to play the role of president till the elections are conducted. 70 Discharge of President's functions in other contingencies 71 Matters relating to, or connected with, the election of a President or Vice-President Supreme Court will be responsible for resolving and handling the disputes or matters related to the election of the president. The decision of Supreme Court will be final. 72 Powers of the President to grant pardons etc. and to suspend, remit or commute sentences in certain cases 74 Council of Ministers to aid and advise the President The Prime Minister along with a Council of Ministers shall be there to help and advise the President who will act in accordance with the advise made by the ministers. 75 Other provision as to Ministers The President appoints the Prime Minister. Also, the President appoints other Ministers on the advice of the Prime Minister. 76 Attorney-General for India President appoints the Attorney-General for India. The candidate must to be appointed as a Judge of Supreme Court of India. 77 Conduct of business of the Government of India All executive actions that the Government of India takes, will be expressed in the name of the President. 78 Duties of Prime Minister in respect to the furnishing of information to the president etc. The Prime Minister has to furnish information related to the 5 | P a g e administration of the affairs of the Union and proposals for legislation to President. 85 Sessions of Parliaments, Prorogation and Dissolution The President has to summon each house of Indian Parliament periodically for a meeting. 111 Assent to Bills A Bill (passed by the Houses of Parliament) has to be Presented to the President and with the assent of the President further procedures will be undertaken. 112 Annual Financial Statement In every financial year, the President will lay a statement of estimated receipts and expenditure before the Houses of Parliament. It is known as the ‘annual financial statement’. 123 Power of President to Promulgate Ordinances during Recess of Parliament 143 Power of President to Consult Supreme Court Eligibility for the Post of President of India According to article 58 of the Indian Constitution, the following are the mandatory qualification criteria that qualify a person for the candidature of the President: A President must be: 1. A citizen of India 2. Of 35 years of age or above 3. Is qualified to be a member of Lok Sabha A candidate is not eligible if: 6 | P a g e She/he holds any office of profit under 1. the Government of India or 2. the Government of any State or 3. any other authority subject to the control of any of the said Governments. Apart from these criteria, some office-holders are permitted to present their candidature for the post of President. Those are: 1. The current vice-president 2. The governor of any state 3. A Minister of the Union or of any state (including the prime minister and chief ministers) 4. A member of parliament or a member of a State Legislature If any of the above people get elected as the President, she/he is assumed to have vacated her/his previous authority on the day she/he begins the tenure of President. According to article 57 of the Indian constitution, who is or has been a President before is eligible for re-election. This will be subjected to other provisions in the constitution. A candidate to be elected as a President has to have 50 electors as proposers and 50 electors as seconders, according to The Presidential and Vice-Presidential Elections Act, 1952. Election for the Post of President of India The process of electing the President is called ‘Electoral College’. The presidential electoral college is includes: 7 | P a g e • members of the Rajya Sabha - the upper house of the Parliament of India • members of the Lok Sabha - the lower house of the Parliament of India • members of each state Vidhan Sabha - the lower house of the state legislature • members of each union territory possessing an assembly - Delhi and Puducherry Election Process for President of India The Prime Minister is elected directly by Lok Sabha members.
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