Summary
Highlights
The President of India is the head of state, the first citizen, and a symbol of national unity. Articles 52-62 of the Indian Constitution detail the President's election, powers, functions, and impeachment process.
The President is not directly elected but chosen by an electoral college comprising elected members of both Houses of Parliament, State Legislative Assemblies, and the Legislative Assemblies of Delhi and Puducherry. To be eligible, a candidate must be an Indian citizen, at least 35 years old, qualified to be a Lok Sabha member, and not hold any office of profit. The President serves a five-year term and remains in office until a successor is elected.
The President is the supreme commander of the Indian Armed Forces and appoints the Prime Minister, Council of Ministers, Comptroller and Auditor General, Chief Election Commissioner, UPSC Chairman and members, State Governors, and the Finance Commission. They also appoint national commissions for scheduled castes, tribes, and backward classes, the interstate council, and administrators of union territories.
The President has the power to summon and prorogue Parliament, address joint sessions, and dissolve the Lok Sabha on the Prime Minister's advice. All bills require the President's assent to become law; they can grant, withhold, or return a bill for reconsideration. The President can promulgate ordinances when Parliament is not in session and request information from the Prime Minister regarding governmental affairs.
The President's assent is required for money bills, though they cannot withhold it, only return it for reconsideration within 14 days. They make recommendations for money bills and control the contingency fund for unforeseen expenses, subject to parliamentary approval. The President can declare a financial emergency and lays the annual budget before Parliament. They also appoint the Finance Commission every five years.
The President appoints judges to the Supreme Court and High Courts in consultation with various authorities. They play a role in the removal of judges and have the power to grant pardons, reprieves, respites, or remissions of punishment. The President can seek the Supreme Court's opinion on legal matters and appoints the Attorney General and Advocate General.
The President represents India internationally and enters into treaties. They can proclaim a National Emergency due to war, external aggression, or armed rebellion, or impose President's Rule in a state if the government fails constitutionally. While having discretionary powers in certain situations, these are generally exercised on the advice of the Prime Minister and Council of Ministers, subject to constitutional checks and balances.
Article 61 outlines the impeachment process for the President for violating the Constitution. A notice, signed by at least one-fourth of the members of either House, must be given. The resolution requires a two-thirds majority in the originating house, followed by an investigation and another two-thirds majority in the other house. If passed, the President is removed. No Indian President has been impeached to date.
The President of India is a ceremonial head of state, exercising powers on ministerial advice. The President of the United States is both head of state and government. The United Kingdom has a constitutional monarchy with a monarch as head of state and a Prime Minister as head of government, lacking a presidential system.
The Governor is a key constitutional office at the state level, representing the President and acting as the nominal executive head of the state. Appointed by the President on the Central Government's recommendation, the Governor's office is independent and not part of the Union executive. Qualifications include being an Indian citizen, at least 35 years old, and not holding membership in Parliament or state legislature of profit.
The Governor conducts all state executive actions in their name, appoints the Chief Minister and other ministers, the Advocate General, and the State Election Commissioner. They can prorogue the state legislature, dissolve assemblies, and address the first session annually. The Governor has power over pending bills, can appoint a presiding officer for sessions, nominates members to the Legislative Council, and appoints one Anglo-Indian member to the State Legislative Assembly.
The Governor oversees the state budget, and their recommendation is essential for introducing money bills. They recommend demands for grants and control the state's contingency fund. The Governor appoints the State Finance Commission every five years. In judicial matters, they have pardoning power and are consulted by the President before High Court judge appointments. They also make appointments, postings, and promotions for district judges in consultation with the High Court and State Public Service Commission.
A Governor can be removed by the President of India, usually on the advice of the Prime Minister and Union Cabinet, before their term ends. This can involve a request to resign, or transfer to another state. Unlike the President, there is no elaborate impeachment process for Governors; they hold office during the President's pleasure. This removal power is discretionary and often based on political considerations, aiming for harmonious relations between the state and union governments.