President of India

President of India

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:49 PM IST

The post of President is exceedingly prominent, and the Constitution of India bestows on it a host of privileges and immunities, which are outlined below. The President serves as the head of state and the country's formal executive. Every executive action carried out at the institution is openly stated to be in his name. He has been granted this ability in line with Article 53(1) of the Constitution, which states that the President shall have executive power and may execute it either personally or via personnel subordinate to him. The President of India is the country's head of state, its first citizen, and the Supreme Commander of the Indian military.

This Story also Contains
  1. About The President of India
  2. History of The President of India
  3. Constitutional Provision of The President of India
  4. Office of the President of India (Articles 52–53)
  5. How is The President Elected?
  6. Tenure of the President's Office
  7. Powers and Functions of the President of India
  8. Some Facts Related to the President of India
  9. Conclusion
President of India
President of India

"We didn't give him real power, but we elevated him to a position of authority and dignity." The constitution aims to create an exceptional frontman rather than an actual executive. — Jawaharlal Nehru

About The President of India

  • The President of India is the highest post in the nation under India's Constitutional Law.

  • The President of India serves as the leader of the Indian state,

  • the first citizen

  • the nominal head of the Union Executive

  • the Commander-in-Chief of the Indian Armed Forces.

History of The President of India

  • The position of President of India was established when India became a republic on January 26, 1950.

  • The president has executive control over the union, according to the Constitution. He exerts it either personally or through officers who report to him. However, the president is constrained by the advice of the Council of Ministers, which is led by the Prime Minister.

  • India's Constituent Assembly debated the president's function extensively.

  • Some members, like B. R. Ambedkar, believed that the president should be a constitutional head of state with restricted powers.

  • Others, including Jawaharlal Nehru, advocated that the president's powers should be increased to reflect the office's importance.

  • The constitution eventually settled on a compromise, with the president serving as a constitutional head of state but still wielding significant powers.

  • The president is elected by an electoral college that includes elected members of the Parliament of India and the Legislative Assemblies of the states and union territories.

  • The president serves a five-year term and is eligible for re-election once.

  • Rajendra Prasad was India's first president, serving from 1950 to 1962.

Constitutional Provision of The President of India

Articles 52 to 78 in Part V of the Constitution deal with the Union Executive. The Union Executive consist of the Vice-President, the Prime Minister, the Council of Ministers and the Attorney General of India.

The President is the Head of the Indian State. He is the First Citizen of India and acts as the symbol of unity, integrity and solidarity of the nation.

Article Related to President at a Glance

Articles

Discription

Article 52

Article 52 of the Indian constitution defines the office of President. It adds, "There shall be a President of India." The Indian constitution has additional provisions that outline the President's powers and office.

Article 53

Executive Power of the Union

Article 54

Election of President

Article 55

Manner of Election of President

Article 56

Term of office of President

Article 57

Eligibility for re-election

Article 58

Qualifications for election as President

Article 59

Conditions of the President's Office

Article 60

Oath or affirmation by the President

Article 61

Procedure for impeachment of the President

Article 62

Time of holding election to fill the vacancy in the office of president and the term of office or person elected to fill a casual vacancy

Article 70

Discharge of the President's functions in other contingencies

Article 71

Matters relating to, or connected with, the election of a President or Vice President

Article 72

Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 74

Council of Ministers to aid and advise the President

Article 75

Other provisions for Ministers

Article 87

Special address by the President

Article 123

Power of President to promulgate Ordinances during recess of Parliament

Article 143

Power of the President to consult the Supreme Court of India.


Office of the President of India (Articles 52–53)

Article 52: President of India

  • The president is India's first citizen. The President of India is the Head of State, representing the country.

  • According to the Republic of India's order of precedence, which identifies functionaries, officials, and dignitaries by position and rank in the Indian government, the President is the country's highest authority. However, it is not specified in the Indian Constitution.

Article 53: Executive Power Of The Union

  • The Union's executive authority is vested in the President of India, who may use it himself or through his subordinates.

  • The President of India is the supreme commander of India's military forces.

  • He is the head of the Central Government Executives.

Let us go over the qualifications, terms, election, impeachment, and other aspects of the Indian President's Office.

How is The President Elected?

Article 32

  • The Election Commission of India, a constitutional body designed to ensure free and fair elections, conducts the Indian Presidential election under Article 324 of the Indian Constitution.

  • The candidate for the Presidential election should earn a specified quota of votes, which is computed using the following formula:

  • The quota of votes equals the total number of valid votes cast.

  • The number of candidates to be elected is (here) 1 + 1 + 1.

Article 54: Election Of President

Article 54 of the Indian Constitution addresses the electoral college of the President of India. According to the text, the President is not directly chosen by the people. Rather, he is elected by the electoral college, which includes the following members:

  • The members of both Houses of Parliament are elected.

  • The State Legislative Assemblies' elected members.

  • The elected members of Delhi's and Puducherry's Legislative Assemblies.

  • The 70th Constitutional Amendment Act of 1992 introduced this clause.

Article 55: Manner of Election of President

The process by which the President of India is elected is governed by Article 55, which contains the following provisions:

  • Equal representation for each state on the scale and between the states and the Union is desirable. For this reason, the following formula determines how many votes the electoral college (elected members of State Legislative Assemblies and Parliament) will cast,

  • Value of an MLA's vote equals the State's total population Eleven thousand elected members make up the State Legislative Assembly.

  • Value of a member of parliament's vote equals the total value of votes cast by all state MLAs Total number of members of Parliament that are elected

  • The Proportional Representation System with a single transferable vote and secret ballot should be used in the presidential election.

Tenure of the President's Office

Article 56; Term of Office of President

It describes the President of India's term in office. It makes the following provisions clear

  • The President may serve in that capacity for a maximum of five years after taking office.

  • They can step down from their position by delivering a handwritten resignation letter to India's Vice President, who would then forward it to the Speaker of the Lok Sabha.

  • If they violate the Constitution, they might be removed from their position as President via Article 61 impeachment.

  • Even after their term has ended, the President may stay in office until their replacement takes over.

Article 57: Eligibility for re-election

The President, either presently serving or having served, may be reelected, according to this article. The President of India may be re-elected an unlimited number of times, in contrast to the United States.

Article 58: Qualifications for Election as President

The following criteria are listed in Article 58 of the Indian Constitution and are necessary for election as President:

  • He or she ought to be an Indian citizen.

  • He or she needs to be older than 35.

  • He or she must be eligible to run for election to the Lok Sabha, or House of the People.

  • He or she should not be employed by the federal government, a state government, a municipal government, or any other public entity.

Note: Unlike the United States, India does not have the natural born clause requirement (i.e., citizenship by birth and descent) to be eligible for president.

Article 59: Conditions of the President's Office

The President's duties are outlined in Article 59 of the Constitution. They are listed below:

  • The President ought not to have a position in the House of Representatives or the House of Commons of any State Legislature. On the day when he assumes the presidency, a member of the House is considered to have resigned from office if elected.

  • No office of profit should be held by the President.

  • He or she is allowed to occupy the official dwelling without having to pay rent.

  • In addition, he is qualified to receive benefits, allowances, and privileges as specified by law by the Parliament. Throughout his term, these benefits and allowances must be maintained.

Article 60: Oath or affirmation by the President

Article 60 of the Constitution addresses the oath or affirmation that the Indian President must take before taking office. The President promises under oath to carry out the following:

  • To faithfully carry out the President's duties

  • To make all reasonable efforts to uphold, defend, and maintain the law and the Constitution

  • To dedicate oneself to serving and promoting the welfare of the Indian populace.

  • In the presence of the Chief Justice of India or, in the event of the Chief Justice's absence, a senior judge of the Supreme Court, the President of India takes the oath of office.

Article 61: Procedure for impeachment of the President

Article 61 - This article outlines the process for impeaching the president of India for violating the Constitution.

  • The impeachment procedure may be started by either chamber of parliament. A quarter of the members of the house who are starting the impeachment process must sign the accusation.

  • The initiating house shall provide the President a notice period of fourteen days (14 working days) before approving the resolution.

  • Following the notification period, the initiating house passes the resolution with a two-thirds majority of the house's entire membership.

  • After the motion is approved, the other chamber of parliament must form a judicial committee or look into the accusations made against the president.

  • The President may attend during the investigation with legal representation to refute the allegations.

  • If the President is found not guilty of the allegations, the resolution will expire. If the majority of members in the second house vote in favour of the motion, it is deemed guilty.

  • As of the day the resolution is passed, the President shall be removed from office by the resolution.

Article 62: Absence and Vacancy in the President's Office

This relates to the provisions of the Indian President's vacancy. They are listed below:

  • It is appropriate to hold an election before the President's term ends to fill the vacancy left by the end of the office.

  • Within six months following the death, resignation, or dismissal of the current President, there should be an election to replace the vacancy in the position.

Article 65

  • The Vice President of India fills in as President in the event of a vacancy in the position brought on by a death, resignation, or removal from office until a new President is chosen.

  • The Vice President of India assumes the President's responsibilities until he returns to office if the President is absent from office for any cause, including sickness.

  • The Chief Justice of India, or in his absence, the seniormost judge of the Supreme Court, shall assume the role of President of India if the Vice President is not present.

Powers and Functions of the President of India

The President is endowed with certain responsibilities and duties that fall roughly into the following categories:

Executive Power of the President of India

  • He will be the sole proprietor of the company.

  • He has signed every international treaty, subject to ratification by the parliament.

  • Distributes tasks among ministries under the prime minister's recommendation.

  • The President of India should be kept up to date on potential legislative authority and Union issues. The President appoints the Prime Minister and the Council of Ministers.

Legislative Powers of the President of India

An essential component of the Indian Parliament is the President. The President may do the following:

  • Address the Parliamentary Houses.

  • Deliver communications to the Parliamentary Houses.

  • When the Parliament is not in session, promulgate ordinances.

  • Approval of legislation enacted by the legislature.

Financial Powers of the President of India

The President may do the following:

  • A money bill cannot be submitted in Parliament unless the president has recommended it in advance.

  • The President presents the Union budget, known as the Annual Financial Statement, to the Parliament.

  • Every five years, he forms a Finance Commission to determine how the income should be divided between the Centre and the States.

Judicial Powers

The President may do the following:

  • Pardon people and commute their sentences.

  • Name the Chief Justice of India and the other justices of the Indian High Court and Supreme Court.

Diplomatic Powers

  • The President of India represents the country in international forums.

  • The President negotiates and concludes international treaties and agreements.

Military Powers

  • As the supreme commander in chief of India's defence forces

  • He selects the leaders of the Army, Navy, and Air Force.

  • With the consent of the parliament, he can declare war or bring about peace.

Emergency Powers

The President is incredibly powerful in the following three emergencies

  • Article 352 National Emergency.

  • The President may rule under Articles 356 and 365 based on the Governor's report or in another way.

  • Article 360 Financial Emergency.

Pardoning Power of the President

In addition to pardoning in cases of death, other union law-related issues, and court martials, the President can also grant a reprieve, commute, remit, or respite. The Supreme Court has decided that although the court cannot set rules, it can decide which of the following principles should be applied:

  • The convict has no right to an oral hearing

  • It must act on the Council of Ministers' opinion.

Veto Power of the President

The three forms of veto power that the Indian President wields are as follows:

  • Absolute Veto: To refuse to give the measure your permission (the bill dies then and then).

  • Suspensive veto: A simple majority can override a suspensive veto.

  • Pocket Veto: The President may stall the law for as long as he wants (the maximum difference in the US is ten years).

  • If a law aims to modify the Constitution, the President is required to sign it after the 24th Amendment.

Ordinance-making power of the President

  • It is an emergency provision rather than a statutory one.

  • Only topics on the Union list or concurrent list, which are issues over which Parliament has the authority to enact legislation, may be covered by the ordinance.

  • An ordinance cannot be used to implement a constitutional amendment.

  • When both chambers are in session, the ordinance cannot be issued.

  • The authority to make ordinances is subject to judicial review

  • Ordinances are emergency measures that ought to be avoided in the ordinary course of things

  • Their maximum duration is six months or six weeks.

  • The President issues the ordinance based on the Cabinet's recommendation.

Some Facts Related to the President of India

  • The salary of the Indian President is Rs. 5 lakh. Until 2017, the President received Rs 1.50 lakh per month. In Budget 2018, it was raised to Rs 5 lakh per month.
  • In addition to his pay, the President is entitled to several allowances and free services, such as free medical, housing, and treatment (for the rest of his life).
  • The government of India spends around Rs. 2.25 crore rupees per year on various costs such as the President's house, personnel, meals, and guest hosting.
  • According to the Presidential and Vice-Presidential Elections Act of 1952, a candidate for the position of President of India must be proposed by 50 electors and seconded by 50 electors in order for his or her name to be on the ballot.
  • The basic rule for the Indian Presidential election is that the total number of votes cast by Members of Parliament matches the total number of votes cast by State Legislators.
  • There are 776 voters in both Houses of Parliament. The Electoral College also included 4120 MLAs from the states.
  • The formula for calculating the value of an MLA's vote is: population of the state ÷ (number of MLAs in the state multiplied by 1000).

Conclusion

As the nation's highest constitutional authority, the President of India plays a crucial role in the democratic framework of the nation. Even though the President of India is just the head of state, he or she nonetheless has a big influence on Indian politics. He guarantees the efficient operation and cooperation of the three arms of the Union government through his many responsibilities.

Frequently Asked Questions (FAQs)

1. Who is India's President at the moment?

On July 25, 2022, Droupadi Murmu took the oath of office as India's 15th president. She served as Jharkhand's governor from 2015 until 2021.

2. Who served as President of India twice?

The only individual to have served two terms as president of India was Rajendra Prasad, the country's first president. Before being elected, seven presidents had membership in a political party.

3. Who was the first female President?

Pratibha Devisingh Patil is an Indian politician and lawyer who led India as its 12th president from 2007 to 2012. She was the first Indian woman to hold the office of president

4. How much does a president make?

President of India Salary: The Union budget for India states that the President of India would get a salary of 5 lakh, or 5.9 lakh in 2024.

5. What are the Indian President's rules?

Article 58 of the Constitution states that an individual cannot be elected as President unless they are an Indian citizen, have reached the age of thirty-five, and are entitled to be elected as a member of the House of People.

6. What is the President's role in the transfer of High Court judges?
The President has the power to transfer judges from one High Court to another, based on the recommendation of the Supreme Court collegium. This power is exercised to ensure an equitable distribution of judicial talent across the country and to maintain the independence of the judiciary by preventing the development of local affiliations.
7. What is the President's role in the appointment of district judges?
The President does not have a direct role in appointing district judges. These appointments are made by the Governor of the state in consultation with the state High Court. However, the President's role in appointing High Court judges indirectly influences the quality and standards of the lower judiciary.
8. Can the President seek a review of a Supreme Court judgment?
The President, as head of the executive, can instruct the government to file a review petition against a Supreme Court judgment. However, this is done through the Attorney General and is subject to the Supreme Court's discretion to admit the review petition.
9. How does the President's power to declare laws affect judicial review?
While the President gives assent to laws passed by Parliament, the power of judicial review allows courts to examine these laws for constitutional validity. The President's assent doesn't shield a law from judicial scrutiny, maintaining a check on legislative and executive actions.
10. What is the President's role in the appointment of the Chief Election Commissioner and other Election Commissioners?
The President appoints the Chief Election Commissioner and other Election Commissioners based on the recommendation of the Council of Ministers. While not directly related to the judiciary, this process is similar to judicial appointments in its aim to maintain the independence of constitutional bodies.
11. What is the President's role in declaring a state of emergency, and how does it affect the judiciary?
The President has the power to declare a state of emergency under Article 352 of the Constitution. During such times, the fundamental rights of citizens can be suspended, which may impact the functioning of the judiciary. However, the judiciary retains its power to review the constitutionality of emergency provisions and protect citizens' rights to the extent possible under the circumstances.
12. Can the President refer disputes between states to the Supreme Court?
Yes, under Article 131 of the Constitution, the President can refer disputes between states or between the Centre and states to the Supreme Court for its opinion. This power allows the President to seek judicial intervention in resolving inter-state or Centre-state conflicts, thereby maintaining the federal balance.
13. What is the President's role in determining the number of Supreme Court judges?
The President does not directly determine the number of Supreme Court judges. The Constitution originally provided for seven judges, but it allows Parliament to increase this number. The President's role is to make appointments to fill these positions as per the recommendations of the collegium, once Parliament has increased the sanctioned strength.
14. How does the President's power to promulgate ordinances affect pending court cases?
When the President promulgates an ordinance, it can potentially affect pending court cases if the ordinance relates to the subject matter of those cases. Courts may have to consider the new legal position created by the ordinance, which could alter the course of ongoing litigation.
15. What is the President's role in determining the jurisdiction of courts?
The President does not directly determine the jurisdiction of courts. This is established by the Constitution and laws passed by Parliament. However, the President's assent to laws passed by Parliament can indirectly affect court jurisdictions if these laws modify the existing judicial structure or create new types of courts or tribunals.
16. What is the significance of the President's oath in relation to upholding the Constitution and the law?
The President's oath, which includes a promise to "preserve, protect and defend the Constitution and the law," underscores the President's role as the guardian of the Constitution. This oath emphasizes the President's duty to ensure that all actions, including those related to the judiciary, are in accordance with constitutional principles and the rule of law.
17. What is the President's role in implementing judicial decisions?
The President, as the head of the executive, is responsible for ensuring that judicial decisions are implemented. While the actual implementation is carried out by various government agencies, the President's constitutional duty to uphold the law includes respecting and enforcing court judgments.
18. How does the President's power to grant pardons interact with judicial sentences?
The President's power to grant pardons, reprieves, or commute sentences under Article 72 of the Constitution can override judicial sentences. However, this power is exercised based on the advice of the Council of Ministers and is subject to judicial review. The judiciary can examine whether the power has been exercised arbitrarily or with malafide intentions.
19. Can the President comment on ongoing court cases?
Generally, the President refrains from commenting on ongoing court cases to maintain the separation of powers and respect for judicial independence. Any public statement by the President on sub-judice matters could be seen as an attempt to influence the judicial process, which is against constitutional principles.
20. How does the President's address to Parliament relate to judicial reforms?
The President's address to the joint session of Parliament at the beginning of each year often includes the government's plans for judicial reforms. While the President doesn't formulate these plans, the address serves as a platform to communicate the executive's intentions regarding the judiciary to the legislative branch and the public.
21. What is the role of the President of India in relation to the judiciary?
The President of India plays a crucial role in the judiciary by appointing judges to the Supreme Court and High Courts. The President consults with the Chief Justice of India and, in some cases, state governors before making these appointments. This process ensures a balance between executive and judicial powers in the appointment of judges.
22. Can the President of India remove judges from office?
No, the President of India cannot directly remove judges from office. Judges can only be removed through a process called impeachment, which requires a special majority vote in both houses of Parliament. The President's role in this process is limited to receiving the address from Parliament and issuing the order for removal if the impeachment is successful.
23. What is the President's role in granting pardons or clemency?
The President of India has the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of an offense. This power, known as the clemency power, is exercised based on the advice of the Council of Ministers and applies to cases where the punishment is by a Court Martial or for offenses against Union laws.
24. Can the President refuse to appoint a person recommended by the collegium for a judicial position?
While the President generally acts on the recommendations of the collegium (a group of senior Supreme Court judges), there have been instances where the President has returned recommendations for reconsideration. However, if the collegium reiterates its recommendation, the President is bound to make the appointment. This process ensures a check and balance between the executive and judiciary in judicial appointments.
25. How does the President's role in the judiciary differ from that in the executive and legislative branches?
In the judiciary, the President's role is largely ceremonial and consultative, mainly involving appointments and transfers based on recommendations. In contrast, the President has more active roles in the executive (as head of state and supreme commander of armed forces) and legislative branches (such as giving assent to bills, summoning and proroguing Parliament sessions).
26. How does the appointment of the Chief Justice of India differ from other Supreme Court judges?
The appointment of the Chief Justice of India follows the principle of seniority. Typically, the senior-most judge of the Supreme Court is appointed as the Chief Justice. While the President formally appoints the Chief Justice, the selection is based on this established convention. For other Supreme Court judges, the President consults with the Chief Justice and other senior judges before making the appointment.
27. Can the President seek the Supreme Court's advisory opinion on legal matters?
Yes, under Article 143 of the Constitution, the President has the power to seek the Supreme Court's opinion on questions of law or fact. This provision allows the President to obtain expert legal advice on important constitutional or legal issues, which can be crucial in matters involving the judiciary or interpretation of laws.
28. Can the President appoint ad-hoc judges to the Supreme Court?
Yes, under Article 127 of the Constitution, the President can appoint ad-hoc judges to the Supreme Court if there is a lack of quorum of permanent judges. This appointment is made in consultation with the Chief Justice of India and is a temporary measure to ensure the continued functioning of the Supreme Court.
29. How does the President's power of ordinance-making affect the judiciary?
The President can promulgate ordinances when Parliament is not in session, which have the same force as an Act of Parliament. These ordinances can affect the judiciary if they relate to court procedures, jurisdictions, or other legal matters. However, the judiciary retains the power to review and interpret these ordinances, ensuring they align with constitutional principles.
30. What role does the President play in the impeachment of judges?
In the impeachment process of judges, the President's role is primarily procedural. If both houses of Parliament pass a resolution for the removal of a judge with a special majority, the President issues an order for the judge's removal. The President does not have discretionary power in this matter and must act according to the Parliament's decision.
31. How does the President interact with Parliament regarding judicial matters?
The President interacts with Parliament on judicial matters primarily through the appointment process of judges and the potential removal of judges through impeachment. Additionally, the President may seek the Supreme Court's opinion on legal matters and communicate this to Parliament. The President also addresses joint sessions of Parliament, which may include discussions on judicial reforms or policies.
32. How does the President's role in appointing the Attorney General of India relate to the judiciary?
The President appoints the Attorney General of India, who is the chief legal advisor to the Government of India and its primary lawyer in the Supreme Court. This appointment indirectly affects the judiciary as the Attorney General plays a crucial role in representing the government in important legal cases and providing legal opinions on constitutional matters.
33. What is the President's role in the appointment of the Lokpal?
The President appoints the Lokpal (anti-corruption ombudsman) based on the recommendations of a selection committee. This process, while not directly related to the judiciary, has implications for the legal system as the Lokpal investigates corruption cases, which may eventually come before the courts.
34. What is the significance of the President's approval in the removal of Election Commissioners?
While not directly related to the judiciary, the President's role in removing Election Commissioners (which requires a process similar to the removal of Supreme Court judges) underscores the importance of maintaining the independence of constitutional bodies. This process involves both judicial and executive elements, with the President acting on the advice of the Council of Ministers based on an inquiry by the Supreme Court.
35. What is the President's role in the appointment of members to tribunals?
The President appoints members to various tribunals based on the recommendations of selection committees. While these tribunals are not part of the regular judiciary, they perform quasi-judicial functions, and the President's role in their composition affects the broader legal landscape.
36. How does the President's role differ in appointing judges to the Supreme Court versus High Courts?
For Supreme Court appointments, the President consults with the Chief Justice and other senior judges. For High Court appointments, the President also considers inputs from the Governor of the concerned state and the Chief Justice of that High Court, in addition to the Supreme Court collegium's recommendation.
37. How does the President's role in international treaties affect the judiciary?
While the President signs international treaties, their implementation often requires domestic legislation. The judiciary may be called upon to interpret these laws and ensure they align with constitutional provisions. The President's role in international affairs thus indirectly influences the judiciary's work in cases involving international law.
38. What is the President's role in the appointment of ad-hoc judges to High Courts?
Similar to the Supreme Court, the President can appoint ad-hoc judges to High Courts under Article 224A of the Constitution. This is done on the Chief Justice's request when there is a temporary increase in the court's business or arrears. The appointment is made in consultation with the Governor of the state and the Chief Justice of India.
39. Can the President refuse to implement a Supreme Court judgment?
No, the President cannot refuse to implement a Supreme Court judgment. As the head of the executive, the President is bound by the Constitution to uphold the law, which includes respecting and implementing judicial decisions. Refusal to do so would be unconstitutional and could lead to a constitutional crisis.
40. What is the President's role in resolving conflicts between different High Courts?
The President doesn't have a direct role in resolving conflicts between different High Courts. However, such conflicts can be referred to the Supreme Court, either by the President under Article 143 or through the regular appellate process, for a final and binding decision.
41. How does the President's role in granting sanction for prosecution of public servants relate to the judiciary?
The President, on the advice of the Council of Ministers, can grant sanction for the prosecution of certain public servants. This decision can affect the judiciary's ability to try cases against these individuals, as the lack of sanction can be a bar to prosecution.
42. What is the President's role in the appointment of judges to newly created High Courts?
When a new High Court is created, the President appoints its judges following the same process as for existing High Courts. This involves consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court (if it's a transfer from another High Court).
43. How does the President's power to declare President's Rule in a state affect the state judiciary?
When the President declares President's Rule in a state under Article 356, the state government is suspended, and the state comes under direct central rule. While this doesn't directly affect the functioning of the state judiciary, it can impact the appointment process of judges and the overall administration of justice in the state.
44. What is the President's role in determining the retirement age of judges?
The President doesn't have a role in determining the retirement age of judges. This is fixed by the Constitution - 65 years for Supreme Court judges and 62 years for High Court judges. Any change to these ages would require a constitutional amendment, which the President would need to assent to after it's passed by Parliament.
45. How does the President's role in appointing Governors affect the judiciary?
The President appoints Governors of states, who play a role in the appointment of High Court judges. This indirect influence on judicial appointments underscores the interconnected nature of executive and judicial functions in the Indian constitutional system.
46. What is the President's role in the creation of national tribunals?
While the President doesn't directly create national tribunals, they give assent to laws passed by Parliament that establish these bodies. The President may also appoint members to these tribunals based on recommendations from selection committees, thus indirectly shaping the quasi-judicial landscape.
47. How does the President's power to grant special leave to appeal to the Supreme Court work?
The President doesn't have the power to grant special leave to appeal to the Supreme Court. This power lies with the Supreme Court itself under Article 136 of the Constitution. The President's role is limited to appointing the judges who will hear these special leave petitions.
48. What is the President's role in implementing judicial reforms?
The President's role in implementing judicial reforms is largely ceremonial. Reforms are typically initiated by the government or the judiciary itself. The President may give assent to laws passed by Parliament aimed at judicial reform, but doesn't directly formulate or implement these reforms.
49. How does the President's role in declaring scheduled areas affect tribal courts?
The President has the power to declare certain tribal areas as "Scheduled Areas" under the Fifth Schedule of the Constitution. This declaration can affect the jurisdiction and functioning of tribal courts or traditional justice systems in these areas, as special laws may apply to these regions.
50. What is the President's role in the appointment of judges to the International Court of Justice?
While the President doesn't directly appoint judges to the International Court of Justice (ICJ), they play a role in nominating candidates from India. The actual election is conducted by the United Nations General Assembly and Security Council. The President's involvement underscores India's participation in international judicial bodies.
51. How does the President's role in promulgating ordinances affect the interpretation of laws by courts?
When the President promulgates an ordinance, it has the same force as an Act of Parliament. Courts must interpret and apply these ordinances as they would regular laws. However, courts can still review the constitutionality of ordinances, maintaining a check on the executive's ordinance-making power.
52. What is the President's role in the appointment of the Comptroller and Auditor General, and how does this relate to the judiciary?
The President appoints the Comptroller and Auditor General (CAG) of India. While not directly related to the judiciary, the CAG's reports can form the basis of Public Interest Litigations or influence court decisions in cases involving government finances or policy implementation.
53. How does the President's power to summon or prorogue Parliament sessions affect legislation related to the judiciary?
The President's power to summon or prorogue Parliament sessions can indirectly affect the timing of legislation related to the judiciary. For instance, bills concerning judicial reforms or the creation of new courts may be introduced or passed depending on when Parliament is in session.
Parliamentary Committees

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President of India

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Supreme Court of India

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