Under Article 52, there shall be a President of India, who acts as the formal executive Head of State and the first citizen of India.
1. Election and Impeachment
- Election (Article 54): The President is elected indirectly by an Electoral College consisting of:
- Elected members of both Houses of Parliament (nominated members are excluded).
- Elected members of the Legislative Assemblies of the States (MLAs).
- Impeachment (Article 61): The President can be removed from office prior to term expiry only by impeachment for "violation of the Constitution." The charge must be preferred by either House of Parliament by a 2/3rds majority of the total membership, and investigated and passed by the other House by a similar 2/3rds majority.
2. Constitutional Powers of the President
The President holds wide constitutional powers:
- Executive Powers: All executive decisions of the Union are taken in the President's name. The President appoints the Prime Minister, Council of Ministers, Attorney General, and Governors.
- Legislative Powers: Summoning, proroguing Parliament, dissolving the Lok Sabha, addressing Parliament, and promulgating Ordinances (Article 123) when Parliament is not in session.
- Judicial Powers (Article 72): The power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute sentences in all cases where the punishment is by a Court Martial or a death sentence.
- Emergency Powers: Declaring National, State, or Financial emergencies (Articles 352, 356, 360).
3. The Constitutional Position (Aid and Advice)
The President is a constitutional head; the real executive power rests with the Council of Ministers headed by the Prime Minister. Under Article 74(1), the President must act in accordance with the aid and advice of the Council of Ministers. The 44th Amendment added that the President can return advice once for reconsideration, but is bound to accept the advice if returned.