In Chapter I (The Executive) of Part V of the Constitution (The Union), the President is qualified, elected, and impeached. It is the President of India who is the head of state of the Republic of India. India’s President is the head of the executive, legislative, and judicial branches, as well as the commander-in-chief of the armed forces. According to the president of India article 53 of the Indian Constitution, the President can exercise his or her executive powers either directly or through subordinate authority.
But, in practice, all of the executive authority vested in the President is exercised by the prime minister and council of ministers (CoM).
ARTICLE 52: THE PRESIDENT OF INDIA
- The President of India will be elected.
ARTICLE 53: EXECUTIVE POWER OF THE UNION
- Under this Constitution, the President shall exercise the executive power of the Union either directly or through officers subordinate to him.
- In addition to the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and regulated by law.
- As a result of this article, none of the following shall apply:
- transfer to the President all functions conferred by any existing law on the government of any state or other authority; or
- The President may not be empowered by law to confer functions on other authorities.
ARTICLE 54: ELECTION OF PRESIDENT
An electoral college consisting of the following members will elect the President
(a) Members of Parliament elected to both Houses; and
(b) Legislative Assemblies of States elect their representatives.
ARTICLE 55: MANNER OF ELECTION OF PRESIDENT
At the election of the President, the scale of representation of the different states must be uniform as far as possible.
The number of votes which each elected member of Parliament and legislative Assembly in each state is entitled to cast at such election shall be determined in the following manner for the purpose of ensuring such uniformity among the States inter se as well as parity between the States and the Union as a whole;
In the quotient obtained by dividing the population of the State by the total number of elected members of the Assembly, every elected member of the State’s Legislative Assembly shall have as many votes as there are multiples of one thousand;
The vote of each member referred to in sub-clause (a) shall be increased by one if, after taking the multiples of one thousand, the remainder is not less than five hundred;
Each elected member of either House of Parliament shall have such number of votes as can be determined by dividing the total number of votes assigned to the members of the State Legislative Assemblies under subclauses (a) and (b) by the total number of elected members of both Houses, fractions exceeding one-half being counted as one and other fractions ignored.
The election of the President shall be conducted by single transferable vote under the proportional representation system, and all votes shall be cast in secret.
As used in this article, the term “population” refers to the population as determined by the last preceding census, whose relevant figures have been published:
For the purposes of this Explanation, references to previous censuses for which the relevant figures have been published shall, until the relevant figures for the first census after 2000 are published, be construed as references to 1971 censuses.
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