This Article is written by Sneha Wadhwa & this article discuss the Concept of Constitutional provisions Related to the President of India.
- Introduction
- Article – 111, 352, 356, 360
- Case laws
- Conclusion
Introduction
As India’s first citizen and head of state, the President serves as both. “Article 52” of the Indian Constitution states that there will be a president of India. India’s President is elected, removed, and has certain requirements listed in Chapter I (The Executive) of Part V of the Constitution (The Union).
The head of state of the Republic of India is its President. In addition to serving as the commander in chief of the Indian Armed Forces, the President of India holds official leadership positions in the legislative, executive, and judicial branches. The President of India wields all of his or her executive authority through the Council of Ministers, despite Article 53 of the Indian Constitution providing that the President may exercise such functions directly or through subordinate authority, with some exceptions.
Article -54 of the Indian constitution
The Indian President’s electoral college is covered under Article 54 of the Indian Constitution. The people do not choose the President in person. Instead, the members of the electoral college, who include the following, elect him:
- The members of Parliament who are elected to both houses.
- every State Legislative Assembly member who was elected.
- The elected representatives of Delhi and Puducherry’s Legislative Assemblies. The Seventy-First Amendment to the Constitution Act of 1992 inserted this clause.
Article -55 of the Indian constitution
The process by which the President of India is elected is governed by Article 55, which contains the following provisions:
Equal representation for each state on the scale and between the states and the Union are desirable. For this purpose, the following formula is used to estimate how many votes the electoral college (elected members of Parliament and State Legislative Assemblies) will cast: value of an MLA’s vote = Total population of State Eleven thousand elected members make up the State Legislative Assembly. value of a member of parliament’s vote equals total value of votes cast by all state MLAs Total number of members of Parliament that are elected.
The Proportional Representation System with a single transferable vote and secret ballot should be used in the presidential election.
Article -56 of the Indian constitution
It describes the President of India’s term in office. It makes the following provisions clear:
- The President may serve in that capacity for a maximum of five years after taking office.
- They can step down from their position by delivering a handwritten resignation letter to India’s Vice President, who would then forward it to the Speaker of the Lok Sabha.
- In the event that they violate the Constitution, they might be removed from their position as President via article 61 impeachment.
- Even after their term has ended, the President may stay in office until their replacement takes over.
Article -57 of the Indian constitution
The President, either presently serving or having served, may be re-elected, according to this article. The President of India may be re-elected an unlimited number of times, in contrast to the United States.
Article -58 of the Indian constitution
The following criteria are listed in Article 58 of the Indian Constitution and are necessary for election as President:
- He or she ought to be an Indian citizen.
- He or she need to be older than 35.
- He or she must be eligible to run for election to the Lok Sabha, or House of the People.
- He or she should not be employed by the federal government, a state government, a municipal government, or any other public entity.
Prerequisites for becoming president
An otherwise qualified citizen is prohibited from running for president by a number of restrictions outlined in Article 59 of the Constitution. The requirements are as follows:
1. No member of the House of Parliament or any State Legislature may serve as President. If a member of any House of Parliament or any State Legislature is elected President, that member’s seat in that House will be considered vacant as of the day the President takes office.
2. No other position of profit may be held by the President.
3. The President shall have the right to utilize his official homes without having to pay rent, as well as the right to any emoluments, allowances, and privileges that Parliament may establish by law and until Provision is provided for the emoluments, allowances, and privileges listed in the Second Schedule in this regard.
4. The President’s allowances and emoluments cannot be reduced while he is in office.
Article -60 of the Indian constitution
The senior-most Supreme Court judge, or the Chief Justice of India, if they are not present, administers an oath or affirmation to the President prior to their official takeover.
Article -72 of the Indian constitution
The President has the authority to commute the sentence of any individual found guilty of a crime or to offer pardons, reprieves, respites, or remissions of punishment.
Article -111 of the Indian constitution
A bill that has been enacted by both Houses of Parliament is delivered to the President, who then either says he agrees with the bill or says he disagrees. As long as a bill is not a money bill, the President may, as soon as possible, return it to the Houses for revision, asking them to review the bill or any of its provisions and, in particular, to think again about whether to introduce any amendments he may suggest in his message. The Houses will then review the returned bill appropriately, and if the bill is passed again by the Houses, either with or without revisions, and presented to the President for assent, the President will not withhold his assent.
Article – 352 of the Indian constitution
A national emergency may be declared in accordance with Article 352 of the Constitution in the event that an unprecedented circumstance develops that might jeopardize the nation’s security, peace, stability, and governance.
An emergency may be declared anytime any of the following conditions are met: Internal uprising, war, or external assault.
Article 352 stipulates that the President may declare a state of emergency for all or a portion of India if he is “satisfied” that external aggression or armed revolt poses a threat to the country’s security.
Article – 356 of the Indian constitution
Pursuant to Article 356 the President may make a Proclamation if he is convinced that a situation exists where the Government of a State cannot be carried out in conformity with the provisions of the Constitution, either through a report from the Governor of a State or another means.
Article – 360 of the Indian constitution
If the President determines that there is a situation where the financial stability of India or any portion of the territory is in danger, they may, in accordance with Article 360, declare a Proclamation of Financial Emergency.
Case Laws –
S.R. Bommai v. Union of India (1994): This case upheld the President’s discretion in evaluating information prior to declaring an emergency or acting under Article 356, even though its main focus was on the abuse of the President’s Rule.
Union of India v. Rameshwar Prasad (2006): This case looked at the President’s latitude in granting assent to a law under Article 74(2). The Supreme Court decided that the President is not subject to judicial review and that he cannot be forced to give the justification for any choices he makes under Article 74(2).
Conclusion –
The President of India has the same authority under the English Constitution as the King or Queen, as stated by Dr. BR Ambedkar in the Constituent Assembly. Though not the Executive, he is the head of the State. He does not govern the nation; rather, he represents it. He is the emblem of the country. In terms of national government, his function is simply that of a ceremonial tool or seal that conveys choices made by the country.
References
- Jain, M.P., Chelameswar, J. and Naidu, D.S. (2019) Indian constitutional law. Gurgaon, Haryana, India: LexisNexis.
- S.R. Bommai v. Union of India ,1994 SCC (3)
- Union of India v. Rameshwar Prasad, 2006 2 SCC 1
