The President of India is elected by an electoral college consisting of (a) elected members of both the Houses of Parliament, and (b) the elected members of the Legislative Assemblies of states.

The elected members of Legislative Assemblies of Delhi and Pondicherry have been authorised to be the part of electoral college by 70th Amendment of 1992. Qualification for election as President are:

1. No person shall be eligible to be elected as President unless he:

(a) is a citizen of India

(b) has completed the age of 35 years and (c) is qualified for election as member of Lok Sabha.

2. If a person holds any office of profit under the Government of India or any State, he shall not be eligible for election as President. However the office of President, Vice-President, Governor or Ministers of Union or State shall not be considered as office of profit.

Powers of the President:

1. Executive Powers:

(i) Appointment of the Prime Minister and the members of the Council of Ministers: The President enjoys the powers of making appointments of the Prime Minister and the members of the Council of Ministers. In practice he always appoints the leader of the majority party/combine in the Lok Sabha as the Prime Minister.

The President also appoints all other ministers of the Union Government on the advice of the Prime Minister.

(ii) Appointment of the high officials in India: The President appoints the high officials in India. For example, he appoints the Governors of the state and Lt. Governors of the Union Territories, the Attorney General of India, the Comptroller and Auditor General of India, the Chairman and the members of the Union Public Service Commission, the Ambassadors, or High Commissioners in other countries.

(iii) Military powers of the President: The President of India is the Supreme Commander of the Defence Forces i.e., the Army, the Navy and the Air Force. He appoints the Chief of the Army Staff, Navy and Air Force, and they function under his command. The President can declare war and make peace. He is the head of the National Defence Committee. The exercise of military powers of the President is regulated by the Parliament.

2. Legislative Powers:

(i) Powers concerned with the Composition of Parliament: The President of India has the power to nominate 12 persons to the Rajya Sabha. These persons must have distinguished themselves in the field of art, literature, science and social services. He can nominate two persons of the Anglo-Indian community to the Lok Sabha if he feels that the community has not got adequate representation.

(ii) To summon and prorogue the Parliament: The President has the power to summon both the Houses (Lok Sabha and Rajya Sabha) of Parliament. He has the power to prorogue the sessions of the Parliament. If there are some differences on some bill between the Lok Sabha and the Rajya Sabha then the President has the power to summon the joint session of both the Houses of Parliament.

(iii) Power to dissolve the Lok Sabha: The Constitution of India has given the power to the President to dissolve the Lower House (Lok Sabha) of the Parliament before the completion of its term. He has the power to order for fresh election to the Lok Sabha. But only on the recommendation of the Prime Minister.

(iv) Consent of bills passed by the Parliament: No bill passed by the Parliament can become an Act without the assent of the President. He can reject an ordinary bill only once and when passed for the second time, the President is to give his assent. He has no power to reject the Money Bill passed by the Parliament.

(v) Power to issue the Ordinances: During the intervals of the sessions of the Parliament, the President can issue ordinances. These ordinances have the force of laws.

3. Financial Powers:

(i) Presentation of Budget before Parliament: It is the duty of the President to place the budget for the current year before the Parliament. It is to be presented before the beginning of the financial year. Normally the budget is presented to the Parliament by the Finance Minister on behalf of the President.

(ii) Powers concerned with the Money Bills: Money Bills can only be introduced in the Parliament on the recommendation of the President.

(iii) Control over Contingency Fund: The President has full power of control over the contingency fund and he can spend it according to his sweet will even prior to the consent of the Parliament.

(iv) Powers to distribute the share of income-tax among the States: President of India has the power to distribute the share of income-tax among the states.

4. Judicial Powers:

(i) Appointment of the Judges: The President of India appoints the Chief Justice and other judges of the Supreme Court of India. He also appoints the Chief Justice and other judges in the High Courts.

(ii) Powers of Pardon: The Constitution of India gives to the President the power of pardon. By using this power the President can pardon, reprieve or commute the punishment of any criminal about whom he thinks that he deserves pardon.

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