The president of India (ISO: Bhārata kē Rāṣṭrapati) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, and the supreme commander of the Indian Armed Forces. Droupadi Murmu 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 by an electoral college comprising both houses of the Parliament of India and the legislative assemblies of each of India's states and territories, who themselves are all directly elected by the citizens.
The President ranks 1st in the Order of Precedence of India as per Article 53 of the Constitution of India 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 heading the Council of Ministers. 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 under article 142.
Origin
India achieved independence from the British on 15 August 1947, initially as a dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general. Following independence, the Constituent Assembly of India, under the leadership of B. R. Ambedkar, undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic. The offices of monarch and governor-general were replaced by the new office of President of India, with Rajendra Prasad as its first incumbent. India retained its Commonwealth membership per the London Declaration, 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
Under the draft constitution the President occupies the same position as the King under the English Constitution. He is the head of the state but not of the Executive. He represents the Nation but does not rule the Nation. He is the symbol of the Nation. His place in the administration is that of a ceremonial device on a seal by which the nation's decisions are made known.
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 (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 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 and Rajya Sabha) of the parliament 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.
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, 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 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 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 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 head of the state, whereas PM is the de facto head.
Executive powers
The President of the Indian Union will be generally bound by the advice of his Ministers. ... He can do nothing contrary to their advice nor can do anything without their advice. The President of the United States can dismiss any Secretary at any time. The President of the Indian Union has no power to do so, so long as his Ministers command a majority in Parliament
As per Article 53, the executive power 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 with prime minister 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 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, 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 of the supreme court 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 the person most likely to command the support of the majority in the Lok Sabha (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 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 community as Lok Sabha members per Article 331, which was removed in 2019.
Governors of states 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 and other judges of the Supreme Court of India 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 Chief Election Commissioner and other Election Commissioners.
The chairman and other members of the Union Public Service Commission.
The Attorney General Of India.
Ambassadors and High Commissioners to other countries (only through the list of names given by the prime minister).
Officers of the All India Services (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 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 president is the first citizen of the country.
Military powers
The president is the supreme commander of the Indian Armed Forces. 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 president is empowered with the powers to grant pardons in the following situations:
punishment for an offence against Union law
punishment by a military court
a death sentence
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).[see main]
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. 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 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, during the Sino-Indian War. 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, with Indira Gandhi 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 within a period of 2 months.