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President of India

     The President of India is the head of state and first citizen of India and the Supreme Commander of the Indian armed forces. The powers of the President of India are comparable to those of the monarch, king or queen of United Kingdom. The president is also called Rashtrapati. The president of India resides in a mansion known as the Rashtrapati Bhavan, which roughly translates as "presidential palace". India became formally independent from the United Kingdom on August 15, 1947. However only on January 26, 1950 when India become republic, Dr Rajendra Prasad become the first elected President of India.

Qualifications to become a President
     A citizen of India who is of 35 years of age or above may be a Presidential candidate. The Presidential candidate should be qualified to become a member of the Lok Sabha and should not hold any office of profit under the government. Certain office-holders, however, are permitted to stand as Presidential candidates. These are the current Vice-President, the Governor of any State, a Minister of the Union or of any State. In the event that the Vice-President, a State Governor or a Minister is elected President, he is considered to have vacated his previous office on the date he begins serving as President.

Election of the President
     The President is elected for a five year term. The President of India is elected by an electoral college consisting of the elected members of both houses of the Parliament and the elected members of the State Legislative Assemblies (Vidhan Sabha). The election uses the Single Transferable Vote method of proportional representation. Voting takes place by secret ballot. The general principle is that the total number of votes cast by Members of Parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states. Finally, the number of legislators in a state matters; if a state has a few legislators, then each legislator has relatively more votes; if a state has many legislators, then each legislator has fewer votes. The actual calculation for votes cast by a particular state is calculated by dividing the state's population by 1000, which is divided again by the number of legislators from the State voting in the electoral college. This number is the number of votes per legislator in a given state. For votes cast by those in Parliament, the total number of votes cast by all state legislators is divided by the number of members of both Houses of Parliament. This is the number of votes per member of either house of Parliament.

Powers and functions
Executive powers
     The Constitution vests in the President of India all the executive powers of the Central Government. He/She appoints the Prime Minister who enjoys the support of the majority in the Lok Sabha. He/She also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the Prime Minister. The Council of Ministers remains in power during the 'pleasure' of the President. In practice, however, the Council of Ministers must retain the support of the Lok Sabha. As long as the majority in the Lok Sabha supports the government, the Council of Ministers cannot be dismissed. The President is responsible for making a wide variety of appointments. These include Governors of States, the Chief Justice, Judges of the Supreme Court and the High Courts, the Attorney General, the Comptroller and Auditor General, the Chief Election Commissioner and other Election Commissioners, the Chairman and other Members of the Union Public Service Commission, Ambassadors and High Commissioners to other countries. The President also receives the credentials of Ambassadors and High Commissioners from other countries. The President is the Commander in Chief of the Indian Armed Forces. The President of India can grant pardon or reduce the sentence of a convicted person, particularly in all the cases involving punishment of death. The President of India can remove the Prime Minister or other Union ministers from office, although this is never done in practice unless the Prime Minister loses majority support in the Lok Sabha. The decisions involving pardoning and other rights are taken by the president himself/herself. He/She doesnt need to consult anyone.

Judicial powers
     The president appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. Theses judges are actually selected by the Union cabinet. The President dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present. If she/he considers that a question of law or a matter of public importance has arisen, she/he can ask for the advisory opinion of the Supreme Court.She/He may or may not accept that opinion.

Legislative powers
     The President summons both houses of the Parliament and prorogues them. He/She can even dissolve the Lok Sabha. These powers are formal and the President while using these powers must act according to the advice of the Council of Ministers headed by the Prime Minister. He/She inaugurates the Parliament by addressing it after the general elections and also at the beginning of the first session each year. His/Her address on these occasions is generally meant to outline the new policies of the government. This address is essentially identical in nature to a Speech from the Throne. A bill that the Parliament has passed, can become a law only after the President gives his assent to it. He/She can return a bill to the Parliament, if it is not a money bill, for reconsideration. However, if the Parliament sends it back to him/her for the second time, he/she is obliged to assent to it. When the Parliament is not in session and the government considers it necessary to have a law, then the President can promulgate ordinances. These ordinances are submitted to the Parliament at its next session. They remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.

Emergency powers
     The President can declare three types of emergencies: National emergency, State emergency and Financial emergency

National emergency
     National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1965 (Indo - Pakistan war), 1971 and 1975 (declared by Indira Gandhi on account of 'internal disturbance'). The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval. 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. The Parliament 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 Parliament for its 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 comes under Article 352 of the India Constitution.

State emergency
     State emergency is declared due to failure of constitutional machinery in a state. Almost all states have undergone this type of an emergency. This emergency is also known as President's rule. If the President is 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, he/she can declare emergency in the state. Such an emergency must be approved by the Parliament within a period of six months. It is imposed for six months and can last for a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir. 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. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.

Financial emergency
     If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he/she can proclaim financial emergency as per the Constitutional Article 360. Such an emergency must be approved by the Parliament within two months. It has never been declared. On a previous occasion, the financial stability or credit of India has indeed been threatened, but a financial emergency was avoided through the selling off of India's gold reserves. A state of financial emergency remains in force indefinitely until revoked by the President. In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills passed by the State legislatures are submitted to the President for his approval. He can direct the state to observe certain principles (economy measures) relating to financial matters.

Removal of the President
     The President may be removed before the expiry of his term through impeachment. A President can be removed for violation of the Constitution. The process may start in either of the two houses of the Parliament. The house initiates the process by levelling the charges against the President. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration. A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend himself through an authorized counsel. If the second house also approves the charges made by two-third majority again, the President stands impeached and is deemed to have vacated his office from the date when such a resolution stands passed. Other than impeachment, no other penalty can be given to the President for the violation of the Constitution. No President has faced impeachment proceedings. Hence, the above provisions have never been tested.

Succession
     In the event of a vacancy created for the President's post due to death, resignation, removal etc, article 65 of the Indian Constitution says that the Vice President will have to discharge his duties. The Vice-President reverts to his office when a new President is elected and enters upon his office. When the President is unable to act owing to his absence, illness or any other cause, the Vice-President discharges the President's functions for a temporary period until the President resumes his duties. When the Vice-President acts as, or discharges the functions of the President, he has all the powers and immunities of the President and is entitled to the same emoluments as the President. Parliament has by an enactment made provision for the discharge of the functions of the President when vacancies occur in the offices of the President and of the Vice-President simultaneously, owing to removal, death, resignation of the incumbent or otherwise. In such an eventuality, the Chief Justice, or in his absence the senior most Judge of the Supreme Court of India available discharges the functions of the President until a newly elected President enters upon his office or a newly elected Vice-President begins to act as President under article 65 of the Constitution whichever is earlier.

List of Presidents of India

Dr. Rajendra Prasad (1884-1963)
Term of Office: 26 January 1950 TO 13 May 1962

Dr. Sarvapalli Radhakrishnan (1888-1975)
Term of Office: 13 May 1962 TO 13 May 1967

Dr. Zakir Husain (1897-1969)
Term of Office: 13 May 1967 TO 3 May 1969

Shri Varahagiri Venkata Giri (1894-1980)
Term of Office: 3 May 1969 TO 20 July 1969 and
24 August 1969 TO 24 August 1974

Dr. Fakhruddin Ali Ahmed (1905-1977)
Term of Office: 24 August 1974 TO 11 February 1977

Shri Neelam Sanjiva Reddy (1913-1996)
Term of Office: 25 July 1977 TO 25 July 1982

Giani Zail Singh (1916-1994)
Term of Office: 25 July 1982 TO 25 July 1987

Shri R Venkataraman (b-1910)
Term of Office: 25 July 1987 TO 25 July 1992

Dr Shankar Dayal Sharma (1918-1999)
Term of Office: 25 July 1992 TO 25 July 1997

Shri K. R. Narayanan (1920-2005)
Term of Office: 25 July 1997 TO 25 July 2002

DR. A.P.J. Abdul Kalam (b-15th October 1931)
Term of Office: 25th July 2002 to 25th July 2007

Pratibha Patil (b-19th December, 1934)
Term of Office: 25th July 2007 to Till Date




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