A.2. The President (Article 52)

The first and foremost part of the Executive is the President. Article 52 states that there shall be a President of India. The President is considered the Executive head of the country. All the Executive business of the country is carried out in the name of the President.

So the question arises that if President is the executive head and all actions are in his name, and the President has to carry out many functions, then can there be the performance of an act not mentioned in any specific legislation by the Executive?

The same was answered in the case of Ram Jawaya Kapoor v. the State of Punjab, the Government invited textbooks from authors for approval. When textbooks were approved, the authors were made to enter an agreement. According to this agreement, the copyright of these books vested solely in the Government. The authors only got 5% royalty on the sale of the textbooks. The Government took all the publishing, printing and selling rights of the books in their own hands.

The Court held that these provisions were ultra-vires to the constitutional power. The government being an executory body did not possess the power to enter into that activity or trade without specific legislations.

No restriction on the executive powers is defined in the Indian Constitution. The Court held that the executive cannot be restricted to mere implementations of legislations. There is a strict separation of powers but no strict separation of functions.

Qualifications: Article 58	Article 58 talks about the eligibility of a person to become President of India. It says that a person is eligible for election as President if he: is a citizen of India; has completed the age of thirty-five years; is qualified for election as a member of the House of the People. A person can be disqualified for election as President if he holds any office of profit under the Union of India or; the Government of any State or; under any local or other authority subject to the control of any Government of India.
Condition of President’s Office: Article 59	The eligibility to become the President might seem simple but the conditions his office are quite strict. Article 59 of the Indian Constitution talks about the conditions of the President’s office. It says: The President cannot be a member of either House of Parliament or of any other House of the Legislature of any State. If he is a member of either House of Parliament or a member of a House of the Legislature of any State, he will need to vacate his seat in that House on the date of entering into his office as President. The President shall not hold any other office of profit. The President shall be authorized to the use of his official residences without rent. He shall be also authorized to emoluments, allowances, and privileges determined by Parliament. The emoluments and allowances of the President cannot be diminished or reduced during his term of office.
Official residence, emoluments, and allowances of President	Apart from all these conditions and rules, you might crave for some advantage of being the President. Well, the President of India is also entitled to certain allowances and privileges, as he is the first citizen of the country. The President of India is entitled to rent-free accommodation, allowances, and privileges by law. He is also entitled to: Free medical facilities; Free accommodation; Free treatment for life; The official state car of the President. The salary of the President has undergone several changes since independence. Some of these changes were: In 1951, the President of India used to get a salary of Rs. 10,000 and 15000 rupees as an allowance. In 1985, the President of India used to get a salary of Rs. 15,000 and 30000 rupees as an allowance. In 1989, the President of India used to get a salary of Rs. 20,000 and 10000 rupees as an allowance. In 1998, the salary was increased to Rs. 50,000In 2008, the salary was increased to Rs. 1,50,000. In 2016, the salary was increased to Rs. 5,00,000. Rashtrapati Bhavan is the President’s official residence, including reception halls, guest rooms, and offices. It is the largest residence of any head of state in the world (You will get to live in it. After all, you have become the President of the largest democracy of the world).
Election of President: Article 54	So, if you think that who would vote for you in the Presidential elections? The answer lies in Article 54 of the Constitution. It deals with provisions relating to the election of the President. It says that the President must be elected by the members of an electoral college. The electoral college consists of the elected members of both Houses of Parliament and the state Legislative Assemblies. Mode of Voting As per Article 55(3) of the Constitution of India, the election of the President should be held according to the system of proportional representation by means of a single transferable vote. The voting at the presidential election shall be by secret ballot.
Disputes regarding the election: Article 71	What if people raise issues regarding your elections as president? Who would clarify the dispute? Well, Article 71 deals matters relating to the election of the President. It states that any dispute arising with respect to the election of the President will be adjudicated by the Supreme court and its decision will be considered final. If the election of a person as President is declared void, acts done by him in the exercise of the powers of the office of President will not be considered invalid by reason of the order of the Supreme Court. Parliament can formulate any law regarding the election of a President in consonance with the provisions of the Constitution. The election of a person as President or Vice President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.
Oath by the President: Article 60	So, after you are elected, it is time to make an oath and get familiar with the term of office of the President. Any person holding the office of the President or delivering the functions of the President must, before entering into the office of the President, be made to subscribe in the presence of the Chief Justice of the country or any other senior-most judge of the Supreme Court, to an oath or affirmation in the name of God to faithfully execute the office of president of India and to preserve, protect and defend the Constitution and the law to the best of his abilities and that he would devote himself to serve the people of India and ensure their well being.
Term of office of the President: Article 56	Article 56 defines the term of the office of the President to be of five years unless: A new President enters the office, the incumbent President shall hold it; President resigns before the expiry of the term by writing it to the Vice President; The President is removed from his office, for violation of the Constitution, by the process of impeachment provided under article 61. The article also states that any resignation made by the President to the Vice President must be communicated to the Speaker of the Lok sabha by the Vice President himself.
Time of holding the election on expiry of the term and filling casual vacancies	Article 62 provides for the filling up of the vacancy to the office of the President. It defines the terms of office of the person filling the casual vacancy as well as the time of holding elections to fill the vacancy. It states that an election to fill the vacancies must be fulfilled before the expiration of the term of the office of the President. An election to fill the vacancies, occurring due to the death, resignation or impeachment of the President, must be done as soon as possible. The elections, in any case, must be conducted within a time period of six months from the date of occurrence of the vacancy. The new person elected to the office of the President will be subject to all the provisions of Article 56 and will hold his office for a five-year term from the date of entering into the office.