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58-422: They contrast with figurehead presidents, common in most parliamentary republics , in which the president serves symbolic, nonpolitical roles (and often is appointed to office by parliament) while the prime minister holds all relevant executive power. A small number of nations, like South Africa and Botswana , have both an executive presidency and a system of governance that is parliamentary in character, with

116-540: A de jure figurehead with few legally-defined powers, although in many cases the position has simultaneously been mostly held by the party general secretary, who is the de facto leader. During Deng Xiaoping 's leadership, the presidency of the People's Republic of China was held by two figureheads, Li Xiannian and Yang Shangkun . Since 1993, the position has also been held by the CCP General Secretary . During

174-450: 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

232-464: A prime minister and a president, methods differ. For example, in Czechia a majority vote from the public elects the president. In full presidential systems and parliamentary systems with a constitutional presidency , the president is elected independently of the legislature. There are several methods in which to do this, including the plurality system and the two-round system . Whilst these methods use

290-412: A simple majority. It has never been declared. A state of financial emergency remains in force indefinitely until revoked by the president. The president can reduce the salaries of all government officials, including judges of the supreme court and high courts , in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. They can direct

348-407: A vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. An election to fill a vacancy in the office of President occurring by reason of their death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill

406-525: 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, though all of the executive powers vested in

464-465: 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. 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

522-426: Is inconsistent with the constitution. Article 143 gives the president the power to consult the supreme court about the constitutional validity of an issue. The president shall assent to constitutional amendment bills without power to withhold the bills per Article 368 (2) . When either of the two Houses of the Parliament of India is not in session, and if the government feels the need for an immediate procedure,

580-602: 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. 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. The President of the United States can dismiss any Secretary at any time. The President of

638-507: 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

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696-547: 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 supreme commander 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 became a republic on 26 January 1950 when its constitution came into force. The president

754-403: 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

812-455: Is the responsibility of the president to withdraw the ordinance as soon as the reasons for the promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and president, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action is inevitable when the extant provisions of

870-499: The Article 368 procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold their assent from it. The president can also withhold their assent to a bill when it is initially presented to them (rather than return it to parliament) thereby exercising a pocket veto on the advice of the prime minister or council of ministers per Article 74 if it

928-672: The Indian constitution , the president is empowered with the powers to grant pardons in the following situations: 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 . 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. A national emergency can be declared in

986-519: The Indo-Pakistani War of 1971 . The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President Fakhruddin Ali Ahmed , with Indira Gandhi as prime minister in 1975. In 1977, the second and the third emergencies were together revoked. If the president

1044-480: 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. 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

1102-443: 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. It can be extended by six months by repeated parliamentary approval-there is no maximum duration. In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However,

1160-461: The Bill, or that they withhold assent from it. As a third option, they can return a bill to parliament, if it is not a money bill , for reconsideration. President may be of the view that a particular bill passed under the legislative powers of parliament is violating the constitution, they can send back the bill with their recommendation to pass the bill under the constituent powers of parliament following

1218-507: 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

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1276-512: The Executive. He represents the Nation but does not rule the Nation. He is the symbol of the Nation. His place in the administration is that of a ceremonial device on a seal by which the nation's decisions are made known. 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

1334-503: The Indian Union has no power to do so, so long as his Ministers command a majority in Parliament 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

1392-500: The President elected by and dependent on the confidence of the legislature. In these states, the offices of president and prime minister (as both head of state and head of government respectively) might be said to be combined. The above examples notwithstanding, executive presidencies are found in presidential systems and semi-presidential systems . In order to prevent the abuse of power , checks and balances are implemented through

1450-475: The Presidential and Vice-Presidential Elections Act, 1952, a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for their name to appear on the ballot . Article 56(1) of the constitution provides that the president shall hold office for a term of five years, from the date on which they enter their office. According to Article 62, an election to fill

1508-531: The Right to Life and Personal Liberty cannot be suspended ( Article 21 ). The president 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 president for 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

1566-520: The Union government. However, the Union government can insist on compliance with its loan terms when a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India. Under article 360 of the constitution, the president can proclaim a financial emergency when

1624-510: 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. Under the draft constitution the President occupies the same position as the King under the English Constitution. He is the head of the state but not of

1682-561: The carved figurehead at the prow of a sailing ship. Heads of state in most constitutional monarchies and parliamentary republics are often considered to be figureheads. Commonly cited ones include the monarch of the United Kingdom , who is also head of state of the other Commonwealth realms and head of the Commonwealth , but has no power over the nations in which the sovereign is not head of government and does not exercise power in

1740-418: 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 for India , is appointed by the president of India under Article 76(1) 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

1798-461: The constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at

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1856-405: The control of any of the said Governments. Certain office-holders, however, are permitted to stand as presidential candidates. These are: In the event that the vice president, a state governor or a minister is elected president, they are considered to have vacated their previous office on the date they begin serving as president. A member of parliament or a State Legislature can seek election to

1914-486: The country by a governor-general . Following independence, 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

1972-428: The court of law. 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 . The president inaugurates parliament by addressing it after

2030-551: The crisis of the March on Rome in 1922, King Victor Emmanuel III of Italy , though a figurehead, played a key role in handing power to Benito Mussolini . He also played a key role in the latter's dismissal in 1943. The word could also be derogatorily used to refer to a powerful leader, who nominally exercises full authority, but is actually controlled by a more powerful figure behind the throne . President of India The president of India ( ISO : Bhārata kē Rāṣṭrapati )

2088-410: The end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president. Article 282 accords financial autonomy in spending the financial resources available with the states for public purposes. Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from

2146-505: The end of the declared emergency. National Emergency has been proclaimed 3 times in India to date. It was declared first in 1962 by President Sarvepalli Radhakrishnan , during the Sino-Indian War . This emergency lasted through the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of

2204-720: The executive president in this instance is responsible for day-to-day operations. In small businesses, the CEO and executive president are the same, whereas in larger companies the roles are carried out by two separate people. This article about politics is a stub . You can help Misplaced Pages by expanding it . Figurehead In politics, a figurehead is a practice of who de jure (in name or by law) appears to hold an important and often supremely powerful title or office, yet de facto (in reality) exercises little to no actual power. This usually means that they are head of state , but not head of government . The metaphor derives from

2262-431: The financial stability or credit of the nation or any part of its territory is threatened. However, until now no guidelines defining the situation of financial emergency in the entire country or a state or union territory or a panchayat or a municipality or a corporation have been framed either by the finance commission or by the central government. Such an emergency must be approved by the parliament within two months by

2320-425: The general elections and also at the beginning of the first session every year per Article 87(1). The presidential address on these occasions is generally meant to outline the new policies of the government . All bills passed by the parliament can become laws only after receiving the assent of the president per Article 111 . After a bill is presented to them, the president shall declare either that they assent to

2378-419: The law are inadequate. Re-promulgation of an ordinance after failing to get approval within the stipulated time of both houses of parliament is an unconstitutional act by the president. 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

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2436-405: The legislative and judiciary bodies. For example, in the United States one method is impeachment whereby the president can be held accountable if others deem their actions unconstitutional, with the most recent example being the impeachment trials of President Donald Trump . In parliamentary republics , presidents are most commonly chosen by the legislature. However, in those countries with both

2494-510: The new office of President of India, with Rajendra Prasad as its first incumbent. India retained its Commonwealth membership per the London Declaration , recognising The King as "the symbol of the free association of its independent member nations and as such the Head of the Commonwealth." The Indian constitution accords to the president the responsibility and authority to defend and protect

2552-429: The office of the president but if they are elected as president, they shall be deemed to have vacated their seat in parliament or State Legislature on the date on which they enter upon their office as President [Article 59(1)] . Article 57 provides that a person who holds, or who has held, office as president shall, subject to the other provisions of this constitution, be eligible for re-election to that office. Under

2610-591: The officers from the Indian Foreign Service . The president is the first citizen of the country. The president is the Supreme Commander of the Indian Armed Forces . Only 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. As mentioned in Article 72 of

2668-631: 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. The president may nominate not more than two members of Anglo Indian community as Lok Sabha members per Article 331 , which

2726-539: The popular vote, not all presidents are chosen in this way. For example, to be elected in the United States, a candidate must win a majority of the votes from the Electoral College , not the popular vote. In the corporate environment, the head of a company is the Chief Executive Officer (CEO), with the president being second in command. Leading the company's executive group rather than the overall company,

2784-639: The president are, in practice, exercised by the prime minister heading the Council of Ministers . The president is bound by the constitution to act on the advice of the council and to enforce the decrees passed by the Supreme Court under article 142. 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

2842-454: 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 promulgated ordinance is treated as an act of parliament when in force and it

2900-401: The president can promulgate ordinances that have the same force and effect as an act passed by parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from the date the parliament is convened unless approved by it earlier. Under Article 123 ,

2958-474: 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. Per Article 74 (2) , the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing their duties. President or their subordinate officers

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3016-461: 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.

3074-552: 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). A State Emergency can be imposed via the following: This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if The Sarkaria Commission held that presidents have unconstitutionally misused

3132-450: The provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states. During 2005, President's rule was imposed in Bihar state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections. There is no provision in

3190-500: The realms on their own initiative. Other figureheads include the Emperor of Japan and the Swedish monarch , as well as presidents in a majority of parliamentary republics, such as the presidents of India , Israel , Bangladesh , Ethiopia , Greece , Italy , Germany , Austria , Pakistan , Singapore and Iraq . In one-party communist states , the role of the head of state is also

3248-442: The state to observe certain principles (economy measures) relating to financial matters. Article 58 of the constitution sets the principal qualifications one must meet to be eligible to the office of the president. A president must be: A person shall not be eligible for election as president if they hold any office of profit under the Government of India or the Government of any State or any local or other authority subject to

3306-425: 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

3364-425: Was removed in 2019. 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: All international treaties and agreements are negotiated and concluded on behalf of

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