Article 52

Article 52 of the Indian Constitution establishes the office of the President of India, who serves as the head of the State and the highest constitutional authority in the country. The article simply declares: “There shall be a President of India.” Although brief, this provision holds immense constitutional significance, as it marks the creation of the position that symbolises the unity, integrity, and continuity of the nation.

Constitutional Context and Significance

Article 52 serves as the foundation of the Union Executive, which comprises the President, the Vice President, the Council of Ministers headed by the Prime Minister, and the Attorney General of India. The Indian political system follows the parliamentary form of government, in which the President is the nominal executive head, while the real executive power rests with the Council of Ministers.
The President is regarded as the First Citizen of India and represents the Republic at home and abroad. The office embodies the sovereignty of the people, ensuring that all constitutional and governmental actions conform to the principles laid down in the Constitution.

Text of Article 52

Article 52 states:“There shall be a President of India.”
This article, though concise, forms the basis for Articles 53 to 78, which elaborate on the President’s powers, election, tenure, impeachment, and relationship with other branches of government.

Role and Importance of the President

The President of India acts as the ceremonial head of the Union, representing the collective authority of the State. The President’s role is not that of a ruling head but of a constitutional guardian who ensures that the machinery of government operates within the bounds of the Constitution.
The President’s office represents:

1. Unity of the Nation: Standing above political and regional divisions.
2. Continuity of Governance: Providing stability during transitions.
3. Constitutional Supremacy: Acting as the protector of the rule of law and the Constitution.

Election of the President

The President is indirectly elected by an Electoral College as prescribed under Articles 54 and 55 of the Constitution.
Composition of the Electoral College:

• Elected members of both Houses of Parliament.
• Elected members of the Legislative Assemblies of all States.
• Elected members of the Legislative Assemblies of Union Territories of Delhi, Puducherry, and Jammu and Kashmir.

Method of Election:

• The election follows the principle of proportional representation by means of the single transferable vote, conducted by secret ballot.
• The system ensures parity between the Union and the States.

Qualifications and Term of Office

Eligibility Criteria:To contest for the office of President, a candidate must:

• Be a citizen of India.
• Have completed 35 years of age.
• Be qualified to be a member of the Lok Sabha.
• Not hold any office of profit under the Government of India, any State, or any local authority.

Term of Office:

• The President serves for five years from the date of entering office.
• The President is eligible for re-election and may resign before the end of the term.
• The President continues to hold office until a successor assumes charge.

Powers and Functions of the President

Although largely ceremonial, the President’s powers are wide-ranging and exercised in accordance with the advice of the Council of Ministers.
1. Executive Powers:

• Appoints the Prime Minister and, on the latter’s advice, the other Ministers.
• Appoints Governors of States, judges of the Supreme Court and High Courts, the Attorney General, Comptroller and Auditor General, and other constitutional authorities.
• All executive actions of the Government of India are taken in the President’s name.

2. Legislative Powers:

• Summons, prorogues, and dissolves Parliament.
• Addresses both Houses at the commencement of the first session each year.
• Gives assent to Bills passed by Parliament or withholds it.
• Can promulgate Ordinances when Parliament is not in session (Article 123).

3. Judicial Powers:

• Has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 72.
• Can commute or remit sentences, including capital punishment.

4. Emergency Powers:The President assumes special powers during emergencies:

• National Emergency (Article 352).
• President’s Rule in States (Article 356).
• Financial Emergency (Article 360).

5. Diplomatic and Military Powers:

• Represents India in international affairs and signs treaties and agreements.
• Acts as the Supreme Commander of the Armed Forces.

Impeachment of the President

The President can be impeached for violation of the Constitution under Article 61.
Impeachment Procedure:

• The process can be initiated in either House of Parliament.
• The motion must be supported by at least one-fourth of the total members of the initiating House.
• After a 14-day notice, the motion must be passed by a two-thirds majority in both Houses.
• Upon approval by both Houses, the President stands removed from office.

Vacancy and Succession

When the office of the President becomes vacant due to death, resignation, removal, or other reasons, the Vice President acts as President under Article 65 until a new President is elected.
If both offices fall vacant, the Chief Justice of India, or in their absence, the senior-most judge of the Supreme Court, performs the duties of the President temporarily.

Judicial Interpretation and Landmark Judgments

Over time, the judiciary has clarified and reinforced the constitutional role of the President.

• Keshavananda Bharati v. State of Kerala (1973): The Court affirmed that the President, as part of the constitutional framework, must uphold the basic structure of the Constitution.
• Indira Gandhi v. Raj Narain (1975): Highlighted the President’s powers concerning election disputes and constitutional amendments.
• Rameshwar Prasad v. Union of India (2006): Clarified the President’s discretion in dissolving a State Legislative Assembly and subjected it to judicial review.
• Shayara Bano v. Union of India (2017): Emphasised the President’s responsibility in assenting to laws that protect fundamental rights.

These rulings underline that the President’s authority, while constitutional, must always function within the boundaries of legality and democratic accountability.

Notable Presidents of India

• Dr. Rajendra Prasad (1950–1962): The first President and the only one to serve two terms.
• Dr. Sarvepalli Radhakrishnan (1962–1967): A philosopher and statesman who promoted India’s cultural diplomacy.
• Dr. A. P. J. Abdul Kalam (2002–2007): Known as the “People’s President” for his inspirational leadership and vision for youth.
• Pranab Mukherjee (2012–2017): A seasoned politician and experienced administrator.
• Droupadi Murmu (2022–present): The first tribal woman to hold the office, symbolising inclusivity and representation.

Significance of the Office

The office of the President is central to the constitutional and political framework of India. It ensures:

• Unity and Stability: Acting as the symbol of India’s sovereignty and continuity.
• Upholding Constitutional Morality: Ensuring that all actions of the government conform to constitutional norms.
• Balancing Powers: Serving as a neutral arbiter during political or constitutional crises.

The President stands as the guardian of the Constitution, ensuring that the spirit of democracy and the rule of law is maintained across all branches of government.

Conclusion

Article 52 of the Indian Constitution, though brief, creates the highest constitutional office in the Republic — the President of India. The President functions as the ceremonial head of the State, the protector of constitutional order, and the symbol of national unity.