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President: The Nominal Head of State
Introduction

In India, the President is the head of state and the highest constitutional office. The President of India is the ceremonial head of the country and is also vested with executive powers. The position is analogous to that of a monarch or a non-executive president in other countries.

The President is elected by an Electoral College, which consists of elected members of both houses of Parliament (Lok Sabha and Rajya Sabha) as well as members of the legislative assemblies of the states. The President serves as the guardian of the Constitution and ensures that the government functions in accordance with it.

Qualification

The qualifications for the presidency are specified in Article 58 of the Constitution of India. These requirements ensure that the President is a citizen of India, possesses a certain level of maturity and experience, and does not hold any conflicting positions that could compromise their impartiality and independence while discharging the duties of the office. To be eligible for the position of President of India, an individual must fulfill the following qualifications:

1. Citizenship: The person must be a citizen of India.
2. Age: The candidate must be at least 35 years old.
3. Qualification for Membership of Lok Sabha: The candidate should be qualified to become a member of the Lok Sabha, which is the lower house of Parliament. This means the person must fulfill the eligibility criteria for being elected as a member of the Lok Sabha, including being a citizen of India and meeting certain requirements regarding age, residence, and other qualifications as specified by law.
4. Not Holding an Office of Profit: The candidate should not hold any office of profit under the government of India or any state government or under any other authority, except for a few specified offices exempted by law. An office of profit refers to a position that yields financial benefits or advantages and is held by the person in addition to their role as President.

Election of President
The election process for the President of India involves a complex procedure. Here is a simplified overview of the process:

1. Eligibility Criteria: To be eligible for the presidency, a person must fulfill the following criteria:
2. Be a citizen of India.
3. Be at least 35 years old.
4. Be qualified to become a member of the Lok Sabha (the lower house of Parliament).
5. Electoral College: The President is elected by an Electoral College, which comprises:
6. Elected members of both houses of Parliament (Lok Sabha and Rajya Sabha).
7. Members of the Legislative Assemblies of all states.
8. Legislative Assemblies of the Union Territories of Delhi and Puducherry
9. Nomination: The election process begins with the issuance of a notification by the Election Commission of India. The notification invites nominations for the presidential election.
10. Nomination Papers: Candidates interested in contesting the presidential election must be nominated by at least 50 electors as proposers and 50 electors as seconders. They need to file the nomination papers with the Returning Officer, who is appointed by the Election Commission.
11. Scrutiny of Nominations: The Returning Officer examines the nomination papers and verifies their validity. If the nominations are found to be in order, the candidates are deemed to have been validly nominated.
12. Election: If there is only one validly nominated candidate, that candidate is declared elected as the President. However, if multiple candidates are validly nominated, an election is conducted.
13. Voting: The members of the Electoral College cast their votes by means of a secret ballot. They indicate their preference for the candidates on the ballot paper.
14. Value of Votes: The value of the vote of each member of the Electoral College is determined based on formulas which are specific to MLAs and MPs. The votes of members of Parliament and state legislators have different weightage.
15. Counting of Votes: After the voting is complete, the ballot boxes are sealed and sent to the designated place for counting. The counting of votes is conducted by the Returning Officer in the presence of candidates or their agents.
16. Declaration of Results: Once the counting is complete, the Returning Officer declares the candidate who has secured the majority of valid votes as the elected President of India. The Election Commission then notifies the name of the President-elect.
17. Oath-taking: The President-elect takes an oath of office in a formal ceremony, which is usually administered by the Chief Justice of India or the senior-most judge of the Supreme Court.

Why is the President not directly elected?

In India's Parliamentary Democracy, the President holds a ceremonial role, while actual executive power resides with the Council of Ministers led by the Prime Minister. Indirect election of the President is practical due to the nominal executive's limited authority. 

Secondly, direct elections would be resource-intensive and redundant, as real executive functions are carried out by the Council of Ministers. The indirect election ensures experienced representatives choose the President, aligning with democratic principles and preventing a popularity-based selection. This approach balances power efficiently and maintains the essence of parliamentary democracy.

Role of President
Although the President's role is largely ceremonial, there are some important powers and responsibilities associated with the office. These include:

• Appointing the Prime Minister: After a general election, the President appoints the leader of the party or coalition that has the majority in the Lok Sabha (the lower house of Parliament) as the Prime Minister.
• Dissolving the Lok Sabha: The President has the power to dissolve the Lok Sabha if the government loses the majority or if there is a deadlock in the formation of a government.
• Giving assent to laws: The President gives assent to bills passed by Parliament, which are required to become laws.
• Appointing judges: The President appoints judges to the Supreme Court and the High Courts of India in consultation with the Chief Justice and other judges.
• Granting pardons and reprieves: The President has the power to grant pardons, reprieves, and remissions of punishment.
• Representing India: The President represents India in its relations with other countries and receives foreign ambassadors and high-level dignitaries.

It is important to note that the President exercises these powers on the advice of the Council of Ministers headed by the Prime Minister. The President's role is largely non-partisan, and the office is meant to be a symbol of unity and sovereignty of the country.

Powers of the President
The President has significant powers, most of them are exercised on the advice of the Council of Ministers and are subject to constitutional and legal limitations. The President's role is largely non-partisan and aimed at upholding the Constitution and the sovereignty of the country.
The President of India holds both ceremonial and executive powers. Let's discuss the powers and functions of the President in India:

       Executive Powers

The President is the head of state and exercises executive powers, although most of these powers are exercised on the advice of the Council of Ministers headed by the Prime Minister.

Some of the key executive powers of the President include:

1. Appointing the Prime Minister: After a general election, the President appoints the leader of the party or coalition with a majority in the Lok Sabha as the Prime Minister.
2. Appointing Council of Ministers: The President appoints other ministers on the advice of the Prime Minister.
3. Summoning and Proroguing Parliament: The President has the power to summon and prorogue (end) sessions of Parliament. The President also addresses both houses of Parliament at the beginning of each session.
4. Promulgating Ordinances: In certain urgent situations when Parliament is not in session, the President can issue ordinances, which have the same force as laws. These ordinances must be approved by Parliament within a specified period.
5. Assenting to Bills: The President gives assent to bills passed by Parliament, which are required to become laws. However, the President may also return a bill for reconsideration, except in the case of a money bill.
6. Appointing Officials: The President appoints various high-level officials, including the Chief Election Commissioner, the Comptroller and Auditor General, the Attorney General, and the Governors of states.
   
   Legislative Powers

Although the President's role is primarily ceremonial in the legislative process, some legislative powers are vested in the President. These powers include:

1. Addressing Parliament: The President addresses both houses of Parliament at the beginning of each session and on other important occasions.
2. Dissolving the Lok Sabha: The President can dissolve the Lok Sabha (lower house of Parliament) if the government loses the majority or if there is a deadlock in the formation of a government.
3. Recommending Bills: The President can recommend bills for consideration by Parliament.
   
   Judicial Powers

The President has certain judicial powers, including:

1. Appointing Judges: The President appoints judges to the Supreme Court and the High Courts of India in consultation with the Chief Justice and other judges.
2. Granting Pardons and Reprieves: The President has the power to grant pardons, reprieves, and remissions of punishment.
   
   Diplomatic Powers

The President represents India in its relations with other countries. The President receives foreign ambassadors and high-level dignitaries and sends ambassadors and other diplomatic representatives on behalf of India.

        Financial Power

1. a. A money bill may only be submitted in Parliament with the prior approval of the president.
2. The President presents the Union's budget, the Annual Financial Statement, to the Parliament.
3. He appoints a Finance Commission every five years to recommend how the Centre and States should divide the revenues.
   
   Military Power
   
   a. He appoints the chief of the Air Force, Army, and Navy.
   b. He is Supreme Commander in Chief - Defense of India.
   c. He has the authority to make war or peace, with the consent of the parliament.
   
   Emergency Power
   
   a. To declare National Emergency under Article 352
   b. To impose President Rule as per Article 356 and 365 on the basis of report of the governor or otherwise.
   c. To impose financial emergency under Article 360.
   
   Pardoning Power

The President of India has the power to grant pardons, reprieves, respites, or remissions of punishment for offenses under the central government's jurisdiction. This power is derived from Article 72 of the Constitution of India. The pardoning power of the President includes the following:

1. Pardon: It completely absolves the convicted person from the punishment and removes all the legal consequences of the offense.
2. Reprieve: It implies a temporary suspension of the punishment, usually granted to allow more time for consideration or to explore further legal remedies.
3. Respite: It involves the reduction of the quantum or extent of punishment due to reasons like a pregnancy of the woman offender or physical or mental disability of the convicted person.
4. Remission: It refers to the reduction or mitigation of the sentence without completely absolving the person from the offense.
   
   Veto Power

The President of India has the power of veto, which allows them to withhold assent to bills passed by Parliament. This power is derived from Article 111 of the Constitution. The President's veto power can be classified into the following types:

1. Absolute Veto: The President can refuse to give assent to a bill, effectively vetoing it. If the President exercises an absolute veto, the bill does not become law and is not sent back for reconsideration.
2. Suspensive Veto: The President can exercise a suspensive veto by withholding assent to a bill and sending it back to Parliament for reconsideration. If Parliament passes the bill again, with or without modifications, and sends it back to the President, the President must give assent to it.
3. Pocket Veto: If the President neither gives assent nor exercises the suspensive veto within a prescribed period (typically six weeks), it is known as a pocket veto. The bill is deemed to have lapsed.
   
   Ordinance-making power

The President of India possesses the power to promulgate ordinances, which is a legislative power granted under Article 123 of the Constitution of India. The ordinance-making power allows the President to issue ordinances when Parliament is not in session. Here's an overview of the ordinance-making power of the President:

1. Circumstances for Promulgation: The President can promulgate an ordinance when he is satisfied that "circumstances exist which render it necessary for them to take immediate action." This power is typically used in situations requiring urgent legislative action, and when Parliament is not in session or not readily available to pass a law.
2. Legislative Authority: The ordinance issued by the President has the same force and effect as an act of Parliament. It holds the power of law-making and has the same legal validity and enforceability.
3. Temporary Nature: Ordinances are temporary in nature and have a limited duration. They are valid for six weeks from the date of reassembly of Parliament, which means that they need to be approved by Parliament within that period to retain their force as law. If Parliament does not approve the ordinance within this time frame, it ceases to be effective.
4. Approval by Parliament: The ordinance must be approved by both houses of Parliament (Lok Sabha and Rajya Sabha) within the stipulated period of six weeks from the date of reassembly. If Parliament does not approve the ordinance, it expires and becomes void.
5. Subject to Judicial Review: The President's power to promulgate ordinances is subject to judicial review. The courts have the authority to examine the validity and legality of an ordinance if challenged. 

Impeachment of President

According to the Constitution of India, the President can be impeached if they have violated the Constitution. The process of impeachment is outlined in Article 61 of the Constitution. Here is a simplified explanation of the impeachment process of the President of India:

1. Motion for Impeachment: A notice for impeachment can be initiated by either House of Parliament. The motion for impeachment must be supported by at least one-fourth of the total membership of the House that initiates the motion.
2. Notice and Inquiry: Once the motion is presented, the Presiding Officer of the House examines the notice to determine its admissibility. If the notice is found to be in order, the Presiding Officer may either admit it or decline to admit it. If the motion is admitted, an inquiry committee is constituted to investigate the charges made against the President.
3. Investigation by the Committee: The inquiry committee, which is formed specifically for this purpose, investigates the charges brought against the President. The President has the right to be represented and defended during the inquiry.
4. Adoption of Resolution: After considering the findings of the inquiry committee, the House that initiated the motion can proceed with the impeachment process. A resolution containing the charges against the President is debated and voted upon in the House.
5. Special Majority: For the resolution to be passed, it requires a special majority. A special majority means that the resolution must be supported by not less than two-thirds of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
6. Transmission to the Other House: If the resolution is adopted by the House that initiated the motion, it is transmitted to the other House (either Lok Sabha or Rajya Sabha) for consideration.
7. Joint Sitting: If the other House also passes the resolution with a special majority, a joint sitting of both Houses of Parliament is convened to investigate the charges against the President. The joint sitting is presided over by the Speaker of the Lok Sabha or, in their absence, the Deputy Speaker or any other member chosen by the sitting..
8.   Decision: If, after the joint sitting, a resolution is adopted with the support of a special majority, the President stands impeached and is removed from office.

It is important to note that the impeachment process of the President in India is a complex and rare procedure. It requires substantial evidence of violation of the Constitution and involves multiple stages of scrutiny and decision-making by both Houses of Parliament.