A report on

“ THE PRESIDENT OF INDIA”

Submitted in partial
fulfilment of the
requirements of
B.TECH Program at
Dept. Of Computer Science and Engineering
Jamia Hamdard, New Delhi

By:
MD ZEESHAN AHMED
Submitted to:
Dr SHAKEEL AHMED SIDDIQUI
1
 INDEX
S.No. TOPIC Page
No.
1​ Declaration​ 3​

2​ Certificate from Faculty 4​

Guide​
3​ Acknowledgement​ 5​

4​ Introduction 6-8
about the President
​
5​ Power and duties of 9-14
President​
6​ President in 15- 16
Parliamentary Form
of Government
​
7​ Condition and terms of 16-17​
President's Office
8​ PRESIDENTIAL 17​
ELECTION – 2012
​
9 CONSTITUTIONAL 18
PROVISIONS
10 Work tenure, Salary and 19
Resignation of President
11 Bibliography 20

2
 DECLARATION

I do hereby declare that this assignment titled,

“CONSTITUTION OF INDIA”has been done by me
Md Zeeshan Ahmed, and is an original
work. This report is being submitted for
fulfilling the requirement of B.Tech
program, CSE, at Jamia Hamdard ,
New Delhi. It has neverbeen submitted
nor been published elsewhere.

Md Zeeshan Ahmed
Date:- 17 OCTOBER 2022
Place:- KOLKATA

3
 CERTIFICATE FROM
FACULTY GUIDE

To Whomsoever It May Concern

Date:- 17th OCTOBER 2022

This is to certify that the assignment, entitled

“CONSTITUTION OF INDIA” MD ZEESHAN
AHMED, represents an original work done by the
student mentioned herein and has been submitted in
partial fulfilment of the requirements of the B.TECH,
CSE Program, at JAMIA HAMDARD, New Delhi.

Dr. Shakeel Ahmad Siddiqui

(Signature)

4
 ACKNOWLEDGEMENT

For the convenient fruition of the undertaking we owe our

gratitude to all the people who contributed in the effective
fulfillment of the venture from very starting till its fruitful
culmination. I am appreciative To my Dr Shakeel Ahmad
Siddiqui for his proceeded with direction and important support.
I am additionally obliged to all the seniors that encouraged me
in the effective fulfillment of this venture."Fruitful section and
result of each work accompanies devotion, assurance and group
work. All these turn useless without a visionary guidance.

5
 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 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.
6
President of India (2022)

The President of India (IAST: Bhārat 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, as well as the commander-in-
chief of the Indian Armed Forces.
Droupadi Murmu is the 15th and current president, having taken office
from 25 July 2022.
The office of president was created when India officially became a
republic on 26 January 1950 after gaining independence on 15th August
1947, when its constitution came into force. 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.
Article 53 of the Constitution of India states that the president can
exercise their powers directly or by subordinate authority (with few
exceptions), though all of the executive powers vested in the president are,
in practice, exercised by the prime minister (a subordinate authority) with
the advice of the Cabinet Ministers. The president is bound by the
constitution to act on the advice of the prime minister and cabinet as long
as the advice does not violate the constitution.

7
 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. Still,
following this, 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.
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.

8
 POWER AND DUTIES OF THE PRESIDENT

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.

POWERS -

» Legislative powers
» Executive powers
» Judicial powers
» Appointment powers
» Financial powers
» Diplomatic powers
» Military powers
» Pardoning powers
» Emergency powers

9
Legislative powers -

LAW MAKING PROCEDURE IN INDIA

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.
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 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 executive is the part of government that enforces law, and has
responsibility for the governance of a state.
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.
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.
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.
10
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, Attorney General of India, is
appointed by the president of India under Article 76 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 power -

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.
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).
11
► The Comptroller and Auditor General Of India.

►The Chief Election Commissioner and other Election Comission.

► The Chairman and other members of the Union Public Service

Commission.

► The Attorney General Of India.

► 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.
12
Military powers -
The president is the Supreme Commander of the Indian Armed Forces.
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).
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.
13
It can be extended by six months by repeated parliamentary approval-
there is no maximum duration.

● 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.
Under Article 356 of the Indian constitution, it can be imposed from six
months to a maximum period of three years with repeated parliamentary
approval every six months. During such an emergency, the president can
take over the entire work of the executive, and the governor administers
the state in the name of the president.

Election for the Post of President of India

The process of electing the President is called ‘Electoral College’.

The presidential electoral college is includes: 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.

14
President in Parliamentary Form of Government

 Article 52 of the Constitution says that there shall be a

President of India.
He is the Head of the State. The Executive power of the union
shall be
vested in the President and it shall be exercised by him in
accordance with the constitution either directly or through
officers subordinate to him.

 The expression 'executive power' is not defined in the

Constitution. Article 73, however, provides that the executive
power of the Union shall extend to the matters with respect to
which Parliament has power to make laws and includes the
exercise of such rights, authority and jurisdiction as are
exercisable by the Government of India by virtue of any treaty of
agreement. Thus the executive power of the Union which is
exercisable by the President is co-extensive with the legislative
powers of the Union. The executive power of a modern state is
not capable of any precise definition.

 In Ram Jawaya Kapur v. State of Punjab, even the Supreme

Court also finds it difficult to explain the context of the executive
power. The Court has observed, "It may not be possible to frame
an exhaustive definition of what executive functions mean and
imply. Ordinarily, the executive power connotes the residue of
government functions that remain after the
legislative and judicial functions are taken away".

 It is neither necessary nor possible to give an exhaustive

enumeration of the kinds and categories of executive functions
which may comprise both the formulations of the policy as well
as its execution. Under Articles 73 and 163 the executive power
is not confined merely toadministration of laws already enacted
but it includes determination of the Government policy,
initiation of legislation, maintenance of law and order, promotion
of social 11and economic welfare, the direction of foreign policy,
in fact, the carrying on or supervision of the general
administration of the State.
Article 54 and 55 deals with Election of President.

Qualifications -
Article 58 lays down the qualifications which a person must possess
for being elected to the office of the President of India;

(a) He must be a citizen of India.

(b) He must have completed the age of 35 years.
(c) He must be qualified for election as a member of the House
of the People (i.e., he must be registered as a voter in any
Parliamentary Constituency).
(d) He must not hold any office of profit under the Government
of India, or the Government of any State or under any local or
other authority subject to the control of any of the said
Governments. But the following persons shall not be deemed to
hold any office or profit and hence qualified for being a
candidate for Presidentship.

Condition of President's Office -

Article 59 says that the President cannot be a member of either

House of Parliament or of a House of the Legislature of any
State. If a member of either House of Parliament or of a State
Legislature is elected President he shall be deemed to have
vacated his seat in that House on the date on which he enters
upon his office as President. The President shall not hold any
other office of profit.

 In, Presidential Elections, the holding of the election of

President was challenged on the ground that the Electoral
College as provided in Articles 1254 and 56 would be
incomplete because the Gujarat State Legislative Assembly was
dissolved. It was contended that the Presidential election should
be postponed until fresh elections are held in the State of Gujarat.
The Supreme Court held that the election to the office of the
President must be held before the expiration of the term of the
President, notwithstanding the fact that at the time of such
election the Legislative Assembly of a State was dissolved.

16
Term of Office of the President -

Article 56 says that the President shall hold office for a term of
five years from the date on which he enters upon his office. Even
after the expiry of his term he shall continue to hold office until
his successor enters upon his office. He is also eligible for re-
election. He may be elected for any number of terms. But in
America after 22nd Amendment to the U. S. A. (27-02-1951)
Constitution a person cannot be elected to the office of the
President more than twice.

The President in India may, however, resign his office before the
expiry of his normal term of five year by writing to the Vice-
President. He may be removed from his office for the violation
of the Constitution by the process of impeachment.

PRESIDENTIAL ELECTION – 2012

The term of office of the present President of India is up to 24th

July 2012. Thus an election is due to be held for electing a new
President before the 24th July 2012. Under the provisions of sub-
section (3) of section 4 of the Presidential and Vice- Presidential
Elections Act, 1952, the notification under sub-section (1) of
section 4 of the said Act calling the election can be issued by the
Election Commission on or after the sixtieth day before the
expiry of the term of office of outgoing President. That is, the
notification containing the programme of election to the office of
the President, can be issued by the Election Commission on any
day after 25th May, 2012.

17
CONSTITUTIONAL PROVISIONS:

1. The President of India is elected by the Members of an

Electoral College consisting of (a) the elected members of both
Houses of Parliament and (b) the elected members of the
Legislative Assemblies of the States [including National Capital
Territory of Delhi and the Union Territory of Puducherry vide
the Constitution (Seventieth Amendment) Act, 1992] (Article
54). The members nominated of either House of Parliament or
the Legislative Assemblies of State are not eligible to be
included in the Electoral College.

2. Vide Section 2 of the Constitution (Seventieth Amendment)

Act, 1992,an amendment was made to the EXPLANATION
below article 54 of the Constitution. The amended Explanation is
as under:33“Explanation – In this Article and in Article 55 “State”
includes the National Capital Territory of Delhi and the Union
Territory of Puducherry”.

3. That amendment came into force w.e.f. 1st June 1995, by the
notification G.S.R. No. 375(E) dated 2 nd May 1995 issued by
Ministry of Law, Justice & Company Affairs, Government of
India,New Delhi.

3. The Electoral College for the ensuing Presidential Election

shall now consist of

(a) The elected members of both Houses of Parliament and

(b) The elected members of the Legislative Assemblies of the
States
including NCT of Delhi and Union Territory of Puducherry.

4. The Constitution (Eighty-fourth) Amendment Act, 2001

provides that until the relevant population figures for the first
census to be taken after the year 2026 have been published, the
population of the States for the purposes of calculation of value
of votes for the Presidential Election shall mean the population
as ascertained at the 1971-census.

18
 Work Tenure of President of India

As expressed by article 56, section V, of the Constitution of

India, Presidents may stay in position for a period of five years.
This term gets altered in the following cases:

1. Resignation
2. Removal by impeachment
3. Death

In the absence of the President, Vice-President has to assume the

role of President.

Salary of President of India

As in the year of 2019, monthly compensation of President of

India would be INR 5 Lakh. Other than monthly compensation,
the President will be entitled to the utilization of his official
homes. She/He will be additionally qualified for remittances,
stipends and benefits as dictated by Parliament by law. As per
article 59, until arrangement for that sake is made, such
payments, recompenses and benefits will be made as determined
in the Second Schedule.

Resignation Procedure of President of India

If the President wishes to resign before completing his tenure of

5 years, she/he can do so by addressing the resignation letter to
the Vice-President.

NOTE :The president is the first and most powerful position in

India. She/He maintains the integrity of and preserves the
constitution of India.

19
 Bibliography

1. The Constitutional Law of India by Dr. J. N. Pandey.

2. Introduction to THE PRESIDENT OF INDIA, 20th Edition Reprint

2011, LexisNexis Butterworths Wadhwa.

3. The Constitution of India, Bare Act with Short Notes 2017.

4. Election to the Office of President of India 2012 – Election

Commission of India. (website: www.eci.nic.in)

5. President of India --- From Wikipedia, the free encyclopedia

6. The Indian Parliament [Oxford], by B.L. Shankar & Valerian

Rodrigues.

7. THE PRESIDENT OF INDIA, Second Edition by M.V. Pylee.

8. Constitutional Law of India, Volume-I, by Subhash Kashyap.

9. Constitutional Law – From Wikipedia, the free encyclopedia.

20