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President of India

Article 52 of the Constitution of India provides for a president of India:

"There shall be a President of India. Article 53 states that executive power of the Union shall vest in the President, who shall exercise directly or through officers under him, this power in accordance with the Constitution. The president is the supreme commander of the defense forces this provision is similar to the provision under Article II of the US Constitution. A remarkable feature under the Indian constitution could be seen under Article 53 whereby parliament has the authority to confer powers and functions exercised by the president to any other authority. Unlike 22nd amendment to US Constitution Indian President could be elected for any number of terms. the Constitution requires that the President must be a citizen of India but it is not a condition that he must be born citizen. In fact Indian president is a part of the Parliament (Article 79) and literally a nominal head of the state. Although the Constitution explicitly says that the president is the executive head of the state but this real executive power is exercised by the council of ministers and Prime minister at the helm of it. This has to inferred from Article 74 of the Indian Constitution "..council of ministers to aid and advise the President who shall, in exercise of his functions, act in accordance with such advise".

The constitution also provides the mechanism for the impeachment of the President (Article 61) for the violation of the Constitution. The place of president is peculiar in Indian governmental setup. Functions are to be exercised in accordance with the aid and advice of the council of ministers but powers are to be exercised by the President however the rider in favour of parliament vides Article 53 of the Constitution. The president of India swears before entering the office of the president that he shall protect, preserve and defend the Constitution (Article 60) which contemplates an executive head of state and nominal or ceremonial. Even Indian Constitution must be seen as a purveyor of a system of governance where a mixture of presidential and parliamentary systems could be located.



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