THE PRESIDENT OF INDIA: A CONSTITUTIONAL ANALYSIS
AUTHOR – ASHUTOSH PANDEY, STUDENT AT CAMPUS LAW CENTRE, UNIVERSITY OF DELHI
BEST CITATION – ASHUTOSH PANDEY, THE PRESIDENT OF INDIA: A CONSTITUTIONAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 609-622, APIS – 3920 – 0001 & ISSN – 2583-2344
Introduction
The President of India is the Constitutional head of the Indian Republic and the First Citizen of India. As a ceremonial head of State, the president represents the unity and integrity of the nation while performing essential constitutional, legislative, and executive functions. Although the real executive power vests in the Prime Minister and the Council of Ministers, the President plays a crucial role in ensuring the smooth functioning of India’s democracy.
Under the Constitution of India, the President serves as the chief executive of the Union Government, vested with a long list of powers and functions. These powers are generally exercised on the advice and aid of the Council of Ministers, under the leadership of the Prime Minister as Head, as per Article 74[1]. This framework is based on the British parliamentary system. However, it is hard to find a Head of State who has a wide range of powers and functions, but these powers are not supposed to be directly exercised by him.
The President is often perceived as the most powerful authority within the state; however, this is a partial truth. The President functions as the constitutional Head, while all the powers and functions are exercised by the Council of Ministers. The president, acting merely as a formal figurehead, is like a silent spectator who has to act on the aid and advice of the Council of Ministers.
According to Article 52[2]The existence of the President is mandated under any circumstances. One of the paramount duties of the President, as mentioned in Article 60[3]It is to preserve, protect, and defend the Constitution (Article 60[4] – oath of President). A failure to protect would also amount to a breach of his duty and subject him to impeachment proceedings under Article 61.[5]
This article explores the constitutional provisions, historical context, and practical functioning of the Indian presidency, examining its similarities with and distinctions from the British monarch. It also analyses the President’s discretionary powers, the impeachment process, and the evolving role in India’s parliamentary democracy. By delving into these aspects, the article aims to provide a comprehensive understanding of one of India’s most prestigious yet often misunderstood institutions.
[1] The Constitution of India, Art. 74
[2] The Constitution of India, Art. 52
[3] The Constitution of India, Art. 60
[4] The Constitution of India, Art. 60
[5] The Constitution of India, Art. 61