alpha1

 ---

### Page 1

**C C C. C C C C C**

ii) MP Vote Value = (Total Value of Votes of MLAs of All States) / (Number of Elected MPs)

*   In the 2001 Presidential election, the MP vote value was set at '700'.
*   The total value of votes of the elected members of the legislative assemblies one state, Delhi and Pondicherry is almost equal to total value of votes of the MPs.
*   The fact that the total vote value of all MLAs in the country is equal to the total vote value of MPs demonstrates the 'federal system' of our country.

(Vote value) = (Total Number of Valid Votes Polled) / (Number of Members to be Elected + 1) + 1

*   In a situation where a candidate does not receive 50% + 1 of votes, meaning quota votes,...
    the second preference votes of the last candidate in the contest are transferred to the other candidates in the contest.
*   V.V. Giri was the person who won by second preference votes in the 1969 presidential election.
    C.D. Deshmukh won V.V. Giri by transferring 2nd preference votes.
*   The person who was elected as President with the narrowest majority and through the 2nd count - V.V. Giri
    **Prof. K. T. Shah proposed to hold the election of the President of India in a direct manner in the Constituent Assembly.**

**Ambedkar & Nehru supported the current method of electing the President is similar to direct election.**

**Article 56: Term of Office**

> If the President does not resign, is not removed through impeachment,
    and if the Supreme Court does not quash the President's election, the term of office is 5 years, unless death occurs before the term ends.

*   Unless the President of India dies before the end of his term of office, resigns or is removed through impeachment, the Supreme Court does not quash the President's election, then the term of office is 5 years.
*   If the President of India resigns, he should give his resignation letter to the Vice President.
    According to the amendments made in the Presidential and Vice-Presidential Duties Discharge Act, 1969, when the President resigns, if the post of Vice-President is vacant, the resignation should be submitted to the Chief Justice of the S.C.

137

---

### Page 2

*   If the post of Vice President is vacant when the President resigns, the President should
    draft the resignation addressing the Vice President. Copies of this should be sent to the Chief Justice of the Supreme Court and the Prime Minister.

**Article 57:**

> A person can contest for the post of President any number of times.

*   Only the first President of India,
    Babu Rajendra Prasad, held office for two terms and set a tradition by not contesting a third time.

**Article 58: Qualifications**

> Must be a citizen of India.
> Must be 35 years of age.
> Must be eligible to be elected to Parliament.

CITY XEROX
1-10 23/4/1, Ashoknagar,
HYDERABAD-500 020,
Cell: 9704138226

> Central, State should not have profit gaining Jobs.

*   Vice President, Governors, Central and State Ministers, MPs, MLAs are not considered as holding profit-making jobs.
*   The election of the President of India is conducted according to the Presidential and Vice-Presidential Election Act - 1952.
*   The power to decide other qualifications rests with the Parliament.
*   The candidate contesting for the presidency should be proposed by at least 50 members of the 'Electoral College'
    and supported by another 50 members.
*   Candidates contesting for President must pay a deposit of 15,000/-.
    A candidate who has contested for the post of President must get at least -1/6th of the votes to get his deposit.

**Article 59: Salary and Allowances**

> The President's salary is decided by the Parliament.
> *Salary is paid from the Consolidated Fund of India.*
> It is not under the purview of IT.

Parliament should not vote on the salaries and allowances of the President.

> Economic emergency should not be imposed with pay cuts.

} The current monthly salary of the President of India is :- 1,50,000/-

G C G

---

### Page 3

> The residence of the President of India is called "Rashtrapati Bhavan". The world-famous Mughal Gardens are located here.
> Rashtrapati Bhavan was designed by - Edward Lutyens.
> The President has a winter retreat in Bolarum, Hyderabad, and a summer retreat in Shimla.

**Article 60: Oath of Office**

> The President takes the oath in the presence of the Chief Justice of the S.C. If the Chief Justice is not available, the senior-most judge administers the oath.

*   Even when the Vice-President is acting as the interim President,
    the oath should be taken in the presence of the Chief Justice of the S.C.

**Article 61: Impeachment Motion**

> The President can be removed from office through an impeachment motion for treason and violation of the Constitution. This motion must be passed by the Parliament.

> The procedure for removing the President from office was adopted from America.
> This motion can be introduced in either the Rajya Sabha or the Lok Sabha.
> Whether the motion is introduced in the house, a notice signed by one-fourth of the members of that House.
    A notice must be given to the Speaker of that House 14 days in advance.
> When the motion is passed by a 2/3 majority in the House in which it was introduced, the motion is
    sent to the second house.
> The second house investigates the impeachment motion as a whole or by a committee appointed by the House.
> During the investigation, the President can present his/her case either in person or through his/her representative.
> If the second house also passes the motion with a 2/3 majority, the President
    loses his/her office from that day.

*   2/3 majority means that the majority of the members present and voting in the House should be
    considered as 2/3 majority. Vacancies are not considered.
*   Members nominated by the President can also participate in the impeachment motion voting.
*   If the House in which the motion is introduced rejects it, there is no scope for introducing the motion in the second House.

139

---

### Page 4
*   If one house ratifies and the other house rejects, the motion fails.
*   There is no provision for a joint session if there are differences of opinion.
*   This motion has not been ratified against any President in India till date.
*   This motion was first introduced against V.V. Giri in 1971 and was later withdrawn.

**Article 62:**

> If the office of the President of India becomes vacant for any reason, elections should be held within 6 months.

*   The process of electing a new President begins 15 days before the end of the term of the President of India.

**Election - Disputes:**

> Article 71: The Supreme Court resolves election disputes of the President and Vice-President.
> The S.C gave important judgments in the case of Vs Union of India in 1957 and 1974.

> Regarding the Presidential election dispute, S.C
    The petition must be filed by the contesting candidate who lost the election.
    or by members of the 'Electoral College'.
> The petition should be filed within 30 days of the conclusion of the elections.
> At least 10 people must sign the petition filed in the S.C regarding the Presidential election dispute.
    members of the 'Electoral College' should sign.

> Even if there are any vacancies in the 'Electoral College', elections can be held
    S.C gave the verdict on Dr. Khare's petition.
*   The President who personally appeared before the S.C to present his case in a dispute regarding his election
    V.V. Giri
> Presidential elections - Election Commission of India - conducts.

> The returning officer for the Presidential election is the Secretary General of the Lok Sabha once, and another time
    The Secretary General of the Rajya Sabha acts.

> In 2007, during the Presidential election, the Secretary General of the Lok Sabha, P.D.T. Achari,
    acted as the Returning Officer...

C C

---

### Page 5
**Powers of the President of India:**

The powers of the President can be classified into 2 types.

I.  Ordinary Powers
II. Emergency Powers

C

**I. Ordinary Powers:**

*Executive Powers*

> Article 53 - All the administration of the country is carried out in the name of the President.

*   The President of India can administer the country either directly or with the help of other officials.

> 74(1) Article - There will be a Union Council of Ministers headed by the Prime Minister to advise and assist the President in the administration of the country.

> 75(1) Article - Appoints the Prime Minister and other ministers on his advice.
> Article 76 - Attorney General, the chief legal advisor of the Central Government,
    is appointed by the President.

124

> Article 217 - Appoints the Chief Justice and other judges of the Supreme Court.
> Article 217 - Appoints the Chief Justice and other judges of the High Courts.
> Article 155 - Governors in the states;
> Article 239 - Lieutenant Governors (rulers) of Union Territories;
> Article 315 - Formation of All India Services and Joint Public Service Commissions, and selection of employees for UPSc...
> Article 324 - Appoints the Chief Election Commissioner and other officials of the Central Election Commission.
> Article 148 - Comptroller & Auditor General who audits the expenses and accounts of the Central and State Governments;
> Article 260 - Finance Commission which distributes revenue between the Center and the States;
> Article 262 - Central Water Resources Board;
> Article 263 - Establishment of Inter-State Council;
> Article 338 - Establishment of National Scheduled Castes Commission;

141

---

### Page 6

> Article 338(A) - Establishment of National Scheduled Tribes Commission;
> Article 340 - Backward Classes Commission to study the conditions of Backward Classes (OBCs) in the country.
    Establishment of Backward Classes Commission to study.

*Legislative Powers*
These are the executive powers.

Although the President of India is not a member of Parliament, he is considered a part of Parliament.

> Article 79 - Parliament means Rajya Sabha,
    Lok Sabha and
    President.

111

> Article - Bills passed by Parliament become laws only with the assent of the President.
> Article 85 - The President has the power to convene and prorogue Parliament sessions.
    He also has the power to dissolve the Lok Sabha.
> Article 80 - The President nominates 12 members to the Rajya Sabha.
> Article 331 - Nominates two Anglo-Indians to the Lok Sabha.
> Article 108 - To convene a joint session of both Houses.
> Articles 86, 87 - The President can send messages to both Houses separately and specially.
> In the case of a newly formed Lok Sabha, the Protem Speaker acts as a temporary speaker
    is appointed by the President.
> Article 103 - Has the power to disqualify members of Parliament.
> Article 123 - The President can issue ordinances when Parliament is not in session.
    These ordinances have the same
    value as ordinary laws.

*Veto Powers:*

> "Veto" means to reject, prevent or withhold.
> The President has '3' types of veto powers regarding bills passed by the Union Council of Ministers and Parliament.

1.  Absolute Veto:

*   Regarding the bills passed by the Union Council of Ministers or Parliament
    the President can reject by not giving consent with a reason.

---

### Page 7

    Rejecting this is called "Absolute Veto".

*   The Parliament or the Council of Ministers can nullify the President's veto.
    That is, the same bill can be passed again with or without amendments.
    When sent to the President, he must ratify the bill.

If the State Legislatures pass bills and the Governors send them to the President for consideration, the President can reject them. The bill can be ratified a second time.
Even when sent to the President, they do not have to ratify it.

**2. Suspensive Veto:**

*   Regarding the bills of the Parliament or the Union Council of Ministers, the President can give his
    assent and may give many amendments, suggestions and recommendations.
    Sending back for reconsideration is called "Suspensive Veto".
*   The Parliament can nullify the President's veto by passing the bill a second time.
    veto power can be overridden.

(2) Abdul Kalam used his 'Suspensive Veto' in 2006 regarding the Dual Posts (Profitable Posts) Bill.

**3. Pocket Veto:**

*   "Regarding the bills of the Parliament or the Union Council of Ministers,
    the President can withhold the bills without expressing his consent or rejecting them.
    That is, keeping the bills with him without taking any decision."

In 1986, the President of India, Giani Zail Singh, regarding the Postal Bill
used his pocket veto.

*Qualified Veto:*

*   The President of India does not have this power.
*   The President of America has this veto power. That means the American
    President can veto a matter, it should be overridden by a 2/6 majority within the stipulated time (10 days).

**Matters that the President cannot veto:**

Constitutional Amendment Bills;
Nationalization of Property Bills;

(3. Reorganization of States Bills;

(143)

---
### Page 8

*   There is no mention in the Constitution as to how long the President should take to give his assent to the bills passed by the Parliament or the Union Council of Ministers.

**Financial Powers:**

> Article 112 - The budget should be introduced in the Lok Sabha only with the permission of the President.
> Article 110 - Any financial bill can be introduced in Parliament only with the permission of the President.
> Article 267 - The Contingency Fund of India is under the control of the President.
> Article 150 - CAG submits the report on the expenses and accounts of the Central Government to the President.
    The President presents it to the Parliament.
> The permission of the President is mandatory when taking foreign loans.
> Article 31(A) - Bills related to the nationalization of assets should be introduced in Parliament and Legislative Assemblies only with the consent of the President.

**Judicial Powers:**

> Along with the administrative powers of appointing judges of the S.C & H.C, transferring High Court judges to other states, the President of India
    also has some judicial powers.
> Article 72... The President exercises 5 types of judicial powers.
> He can take 5 types of decisions regarding the punishments imposed by the higher courts.

    Pardon - "He can grant pardon by canceling the punishments imposed by the higher courts."
    Commutation - "Changing one type of punishment imposed by the courts to another type of punishment
        is called commutation."
        Example: Commuting the death sentence of Nalini, a convict in the Rajiv Gandhi assassination case,
        to life imprisonment.
    Remission - "Reducing the sentence without changing the type of punishment."
    Respite - "Changing the type of punishment without changing the duration of the sentence"
    Example: Due to ill health, mental instability, in the case of pregnant women
        that is, for special reasons, changing severe punishments to ordinary punishments,
    Reprieve - "Postponing the execution of the sentence"

    When a mercy petition is pending before the President or Governors
    the execution of the sentence is temporarily postponed.

---

### Page 9

Example: - Postponing the execution of the death sentence imposed on Afzal Guru in the Parliament attack case.

*   The President exercises the above-mentioned judicial powers on the advice of the Union Council of Ministers.
*   Only the President has the power to grant pardon in the case of the death penalty.
*   The President has the power to make decisions on punishments imposed by military courts.
    # The judiciary can review the pardon decisions of the President and the Governor
    The Supreme Court bench headed by Arijit Pasayat in the case of Gau Venkata Reddy of AP in 2006 gave the verdict.
    -In this case, the S.C, "Pardon powers should not be misused for caste, religion, political considerations. While granting pardon, the sentiments of the victims' families should also be considered."

**Diplomatic Powers:**

> To seek the help of other countries in the development of our country, to establish close relations with foreign countries, the President appoints diplomats and ambassadors to foreign countries.
> Only the President can allow foreign ambassadors into our country... The President has the power to expel foreign ambassadors and diplomats who harm the interests of our country.
    Ambassadors ["High Commissioner"] - Indian representative in Commonwealth countries
    Diplomats - Indian representative in other countries

**Military Powers:**

> The President of India acts as the Supreme Commander of the Armed Forces.
> The President appoints the chiefs of the three armed forces.
> Only the President can declare war with foreign countries and conclude peace.
> Peace treaties with foreign countries are made in the name of the President.

145

---

### Page 10

**Other Powers:**

> Article 361 - The President of India is granted special exemptions and special privileges.
> No criminal cases can be filed against the President while in office.
> The President cannot be arrested while in office.
> Civil cases can be filed against the President only after giving 2 months' notice.
> No court can question the decisions taken by the President while in office, i.e.
    jurisdiction.
> The President appoints the following officials.

    - Chairman and members of the National Human Rights Commission;
    - Central Vigilance Commissioners;

    - Commissioners of the Right to Information Act;
    - Chairman & other members of Administrative Tribunals;
    - PTI [Press Trust of India] Chairman
    - Prasar Bharati Chairman
    - TRAI
    - Railway Board, Staff Selection Commission Chairman;
    - State Election Commissioners, State P. Public Service Commissions Chairman and members;
    - Removal of State Lokayuktas.
> ES NHRC report, CAG reports are submitted to the President.
> UPSC, SC ST Commissions, Finance Commissions submit their reports to the President.
> The responsibility of presenting all the above reports to the Parliament rests with the President.

---
### Page 11
**President's Emergency Powers**

[Part 18: Articles 352-360]

> The Indian Constitution adopted the emergency powers from the Government of India Act - 1935.
> The procedures to be followed during the imposition of emergency were adopted from Germany.

The method of suspending Fundamental Rights during the emergency was taken from Germany
The method of not revoking the right to life was adopted from Japan.

> The President of India has '3' types of emergency powers.

**(a) National Emergency:**.

> Article 352 - The President declares a state of emergency.
> National emergency is imposed in case of foreign aggression, war situations, and internal
    disturbances.
> In 1978, the Janata government, through the 44th Constitutional Amendment, replaced the term 'disturbances'
    with the term 'armed rebellion'.
> The President can declare a national emergency on the written advice of the Union Council of Ministers.
> The word "Cabinet" was first added to Article 352 through the 44th Amendment.
> "Written advice" was also added through this amendment.
> The proclamation made by the President must be ratified by both Houses within '1' month.

*   Previously, the Parliament had to give its approval within 2 months, but the 44th Amendment reduced the period to one month.

> Both Houses should ratify it separately with a 2/3 special majority.

*   The point of 2/3 special majority was also added to the Constitution through the 44th Amendment.

> If the Lok Sabha is dissolved during the period when the President declares a state of emergency
    then the Rajya Sabha must ratify it. The new Lok Sabha
    must ratify it within 30 days from the date of its first meeting.

> If there are differences of opinion between the two Houses regarding the ratification of the President's proclamation
    the emergency will be revoked.

147

---

### Page 12

> If there are differences of opinion in this regard, there is no provision for a joint session of both houses.

**Procedure for Revocation of Emergency:**

> The duration of the National Emergency is 6 months.
> The President can revoke it before 6 months.
> Parliament can extend it for another 6 months by passing another resolution.
> There is no maximum time limit for the emergency. By Parliament resolution
    it can be extended indefinitely.
> The President can revoke it at any time through a proclamation.
> Parliament can revoke it at any time through an ordinary resolution.
> According to the 44th Amendment, with the signatures of 1/10th of the members of the Lok Sabha
    A notice requesting the revocation of the emergency can be given to the Speaker of the Lok Sabha or the President.
> 14 days before giving the notice to speaker, to conduct a special meeting in Loksabha, with simple majority vote
    can dismiss.

**Changes that occur during the emergency:**

> The Center makes laws on all subjects, including the State List.
> Article 358 - Article 19 is immediately suspended.
> Article 359 - The President can temporarily suspend all fundamental rights except Articles 20 and 21.
> Statutory restrictions can be imposed on the powers of S.C and H.C to issue writs in the matter of enforcement of rights.

The term of the Lok Sabha and the terms of the State Legislative Assemblies can be extended by one year.

> Laws made during the National Emergency remain in force for 6 months after the emergency ends. If the Parliament
    wants, it can repeal them earlier. Otherwise, they will be automatically repealed after 6 months.

---

### Page 13

**Occasions when Emergency was imposed:**

I.  In 1962, during the war with China, during the Nehru government
    The 1st situation continued till 1967.

*   In 1965, during the war with Pakistan, a separate emergency was not imposed in our country.

II. In 1971, during the liberation of Bangladesh, during the war with Pakistan, the Indira Gandhi government
    imposed an emergency for the second time in our country, and it continued till 1977.

III. In 1975, the Indira Gandhi government imposed an emergency in the name of internal security.

*   From 1975 to 1977, there were national emergencies in our country for two reasons.

(b) Constitutional Emergency:

**Article 356:**

> This situation is imposed when the constitutional machinery fails in a state.
> Constitutional emergency is also called 'President's Rule' or 'Central Rule'.
> Failure of constitutional machinery means
    (i) Deterioration of law and order,
    (ii) Frequent fall of state governments,
    (iii) Failure to form an alternative government,
    (iv) Failure to form a government,
    (v) Government not functioning...
    (vi) Article 365 - Failure of states to comply with the directions of the Center.
> The President, based on the report sent by the Governor, in consultation with the Union Council of Ministers
    can impose this emergency.
> The President can also take a decision based on the advice of the Union Council of Ministers.
> The President can send back the advice of the Union Council of Ministers for reconsideration.
> In 1997, K.R. Narayanan sent back the recommendation of the UDF government to dismiss the Kalyan Singh government in UP and impose President's rule.

. UDF - United Democratic Front (Leftist).

(149)

---
### Page 14

> The President's Rule must be approved by both Houses of Parliament (the two houses) with a simple majority.
> If either Rajya Sabha or Lok Sabha fails to ratify the President's proclamation,
the President's Rule proclamation is revoked.

The President's Rule imposed in Bihar was approved by the Lok Sabha and rejected by the Rajya Sabha.
As a result, the Rabri Devi government, which had been dissolved in the year 2000, had to be reinstated.

> There is no provision for a joint session if there are disagreements between the two houses.

**Time limit:**

> The time limit for President's rule imposed in a state is 6 months.
Parliament can extend it by another 6 months by approving it.
> The maximum time limit for the president's rule is 3 years.
>Based on the rules that are included in the 44th constitution correction, after a year
 to extend the presidents rule, the following should be satisfied.
    (a) If there is national emergency
    (b) If Election commission certifies that elections cannot be conducted in that state.

(C) Beyond 3 years to extend the presidents rule, constitution correction should be made.
Through the 59, 64 Constitution corrections in Punjab, president's rule is extended to 5 years.

> The president can dismiss the emergency through proclamation.
> Also through the normal resolution, parliament can dismiss.

**Changes occur during the Emergency:**

>State government will be dismissed.
"State assembly can be dismissed or temporarily suspended.
    Temporary suspension - Dormant stage.
> There is no change in the powers of High court.
>For that state's administration purpose, parliament makes necessary laws.
> Parliament approves the State Budget.
> Governor takes help of the appointed officers

    And continues the state administration.

C
---

### Page 15

> This during the emergency period made the Laws will be applicable after the completion of 6 months from emergency
    Parliament can abolish.

80

**Occasions when Emergency was imposed:**

> First time in our country, PEPSU in 1950, Punjab in 1952
:
> Longest in Punjab,
> The constitutional amendment was first made regarding the extension of President's rule in Punjab.
> States where it was imposed most times: Kerala (9), Uttar Pradesh (9)
> States where it was imposed least times: Maharashtra, Arunachal Pradesh, Meghalaya (1 time
> 1954 first time in Andra state, 1973 in AP.
> States that haven't imposed till now: Chattisgarh and Uttarkhand.
>President's rule has been imposed 121 times in our country till date...
> In 2002, the Constitutional Review Commission stated that Article 356 had been misused more than 100 times in our country.
> In 2000, during the NDA government's tenure, a sub-committee was formed under the leadership of George Fernandes from the Inter-State Council to prevent the misuse of this article.

made some suggestions.

In 1994, in the case of S.R. Bommai Vs Government of India, the S.C gave some important suggestions regarding the use of this article.

(a) The judiciary reviews the use of Article 356.
(b) This article should not be used without the Governor's report.
(c) The President's proclamation must be ratified by Parliament before dissolving the State Legislative Assembly.
(d) This article should not be used in a way that harms the Indian federation.

> In 2002, the Constitutional Review Commission endorsed the S.C verdict in the S.R. Bommai case
    and suggested that this article should be used only as a last resort,

    and that a constitutional amendment should be made to prevent its misuse.

> The state where President's rule was imposed for the shortest period (→days) is Karnataka.
The state where President's rule was imposed twice in the same month:

Downloaded at : www.ourstudycircle.in

151

---
### Page 16

**(C) Financial Emergency [Article 360]:**

>   The President imposes a financial emergency when the financial security of the country is threatened.
>   The Union Council of Ministers advises, and the President proclaims.
>   "The President's proclamation must be ratified by the Parliament (both Houses). It should be ratified by the Parliament with a simple majority. Within a period of 2 months.
>   Emergency is revoked in the context of differences of opinion between the two houses. That is, there is no provision for a joint session of both houses.
>   This emergency has not been imposed in India till date.

The time limit for a financial emergency is 6 months. It can be extended for another 6 months by a Parliament resolution. There is no maximum time limit for this.

>   The President can revoke it by an ordinary proclamation or the Parliament can revoke it by an ordinary resolution.

**Changes that occur:**

>   Except for the President, the salaries and allowances of all types of government employees in the country, including the judges of the S.C and H.C, can be reduced.
>   If the Center requests, the states must send copies of their budgets to the Center.
>   The states must follow the financial instructions of the Center, including austerity measures.
> Article 215 - The Center suspends the assistance measures to the states.
>   Laws made during this period remain in force for 6 months after the ending of emergency.

**Criticism of Emergency Powers:**

>   "Emergency powers are likely to lead to the establishment of an authoritarian and dictatorial state in our country"

- K.T. Shah

> The peace established by using emergency situations is reminiscent of the peace of a graveyard"

- H.V. Kamath

>    "356 Article, state governments, and other topics are harmful for our federal system"

- Pandit Hridayanath Kunjru

Downloaded at : www.ourstudycircle.in

C

---
### Page 17

>    "Emergency powers are like a robbery on our constitution by the President according to constitution" – Allen Gledhill
>    "Emergency powers are like a life-saving medicine and protective shields to save the Indian Constitution from the brink of danger"
- Alladi Krishnaswamy Iyer
>    "The Indian Constitution provides the means to protect itself when faced with difficult situations... Emergency powers"
- Dr. B.R. Ambedkar
    "Article 356 is like a dead letter"
    - Dr. B.R. Ambedkar
>    "Article 356 is like a death warrant for state governments."
>    "National sovereignty is greater than individual freedom"
-    Dr. B. R. Ambedkar.

**President's Discretionary Powers:**

>    When no party gets a clear majority in the Lok Sabha elections, the appointment of the Prime Minister
is based on president's discretion.
>    When the ruling government loses its majority in the Center, in the context of appointing a new government.
>    When the ruling government in the Center loses power, either giving a chance to an alternative government or dissolving that house and calling for elections depends on the discretion of the President.
>    "Regarding the bills passed by the Union Council of Ministers or Parliament, the President can use Pocket veto
> When the Governor sends the bills passed by the State Legislatures for the President's consideration, the President can use his discretionary powers.

153
---
### Page 18

**Opinions of Prominent Persons on the Office of the President:**

*   "The office of the President can be compared to the British Crown. Because they
    are only the rulers of the country, not the administrators" - Ambedkar
*   "Since India follows the parliamentary system, the President acts only on the advice of the Council of Ministers headed by the Prime Minister."
- Dr. Babu Rajendra Prasad
*   "The office of the President is a symbol of the unity of the country, the President plays an important role in the progress of our country."
- Sarvepalli Radhakrishnan

*  The President can act as a friend, guide, and philosopher.

*   "The Indian Constitution has entrusted administrative powers to the Union Council of Ministers. Although the President does not actually exercise important powers,
    our Constitution has given them special respect and importance."
    - Jawaharlal Nehru

*   "The position and importance of the President depend on the exercise of the discretionary powers granted to him by our Constitution."
- M.V. Pylee
*   "After the 42nd and 44th Amendments, the position of the President has become even more nominal"
- M.P. Jain

> 1974 Shersingh vs. Government of India, Justice V.R. Krishna Iyer of SC Bench -said that the president has to work on the advises of the central cabinet.

---

### Page 19

**Presidents of India**

**1. Dr. Babu Rajendra Prasad [1950-62]:**

>    Longest serving, served twice as President.
>    The first person to become President without holding the office of Vice President.
>    Disagreed with the Union Council of Ministers on the Hindu Code Bill and sent the bill back for reconsideration.
>    Put pressure on the Central Government to make Hindi the national language.
>    Proposed that the President should act independently without being bound by the advice of the Union Council of Ministers.
>    Authored "India Divided".

**2. Dr. Sarvepalli Radhakrishnan [1962-67]:**

>    Known as the Philosopher President.
>    The first person to become President after serving as Vice President.
>    The first person to become President after serving as an ambassador.
>    During the 1962 war with China, he put pressure on the government to remove V.K. Krishna Menon from the Union Council of Ministers due to his excessive remarks.
>    Authored "Hindu View of Life" and "An Idealist View of Life".
>    The first President elected from South India.

**3. Dr. Zakir Husain [1967-69]:**

>    The second person to become President after serving as Vice President.
>    The first Muslim President.
> The person who served as President for the shortest time. The first President to die in office.

155

---
### Page 20

4.  V.V. Giri [1969-74]:

    Elected with the narrowest majority.
    The only President elected through the second count, i.e., 2nd preference votes.
    Elected as an independent candidate without the proposal of political parties.
    Sent back the controversial Labor Bill.
    Publicly commented on the increasing corruption in the Central and State governments.
    Appeared before the S.C in the dispute regarding his election and presented his case.
    3rd person to become President after holding the office of Vice-President.

5.  Fakhruddin Ali Ahmed [1974-77]:

    2nd Muslim President.
    2nd person to die in office.
    It is criticized that the president signed on the proclamation of internal emergency in 1975, based on the advice of Indira Gandhi alone.
    The 2nd person who became president without serving as vice-president.

6.  Neelam Sanjeeva Reddy [1977-82]:

    The only President elected unanimously.
    The only person to become President after serving as the Speaker of the Lok Sabha.
    The first person to become President after serving as Chief Minister.
    The youngest person to become President (