Diplomatic powers

All international treaties and agreements are negotiated and concluded on behalf of the president. [25]: 
18 
 However, in practice, such negotiations are usually carried out by the prime minister along with his
Cabinet (especially the Minister of External Affairs). Also, such treaties are subject to the approval of
the parliament. The president represents India in international forums and affairs where such a
function is chiefly ceremonial. The president may also send and receive diplomats, i.e. the officers
from the Indian Foreign Service.[26]: 143  The president is the first citizen of the country.[20]

Military powers
The president is the Supreme Commander of the Indian Armed Forces. The president can declare
war or conclude peace,[20] on the advice of the Union Council of Ministers headed by the prime
minister. All important treaties and contracts are made in the president's name. [27]

Pardoning powers
See also: Presidential pardon
As mentioned in Article 72 of the Indian constitution, the president is empowered with the powers to
grant pardons in the following situations:[20]

 Punishment is for an offence against Union law.

 Punishment is by a military court.
 A sentence that is of death.[27]
The decisions involving pardoning and other rights by the president are independent of the opinion
of the prime minister or the Lok Sabha majority. In most cases, however, the president exercises his
executive powers on the advice of the prime minister and the cabinet.[19]: 239 [28]

Emergency powers
The president can declare three types of emergencies: national, state and financial, under articles
352, 356 & 360 in addition to promulgating ordinances under article 123. [25]: 12 
National emergency
See also: The Emergency (India)
A national emergency can be declared in the whole of India or a part of its territory for causes of war
or armed rebellion or an external aggression. Such an emergency was declared in India in 1962
(Indo-China war), 1971 (Indo-Pakistan war),[29] and 1975 to 1977 (declared by Indira Gandhi).[see main]
Under Article 352 of the India constitution, the president can declare such an emergency only on the
basis of a written request by the cabinet of ministers headed by the prime minister. Such a
proclamation must be approved by the parliament with an at least two-thirds majority within one
month. Such an emergency can be imposed for six months. It can be extended by six months by
repeated parliamentary approval-there is no maximum duration. [25][page  needed]
In such an emergency, Fundamental Rights of Indian citizens can be suspended.[5]: 33  The six
freedoms under Right to Freedom are automatically suspended. However, the Right to Life and
Personal Liberty cannot be suspended (Article 21).[30]: 20.6 
The president can make laws on the 66 subjects of the State List (which contains subjects on which
the state governments can make laws).[31] Also, all money bills are referred to the president for
approval.[32]: 88  The term of the Lok Sabha can be extended by a period of up to one year, but not so
as to extend the term of parliament beyond six months after the end of the declared emergency. [19]: 223 
National Emergency has been proclaimed 3 times in India till date. It was declared first in 1962 by
President Sarvepalli Radhakrishnan, during the Sino-Indian War. This emergency lasted through
the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second emergency in
India was proclaimed in 1971 by President V. V. Giri on the eve of the Indo-Pakistani War of 1971.
The first two emergencies were in the face of external aggression and War. They were hence
external emergencies. Even as the second emergency was in progress, another internal emergency
was proclaimed by President Fakhruddin Ali Ahmed, with Indira Gandhi as prime minister in 1975. In
1977, the second and the third emergencies were together revoked.
State emergency
See also: Federalism in India
If the president is not fully satisfied, on the basis of the report of the governor of the concerned state
or from other sources that the governance in a state cannot be carried out according to the
provisions in the constitution, he can proclaim under Article 356 a state of emergency in the state.
[7]
 Such an emergency must be approved by the parliament within a period of 2 months.
Under Article 356 of the Indian constitution, it can be imposed from six months to a maximum period
of three years with repeated parliamentary approval every six months. If the emergency needs to be
extended for more than three years, this can be achieved by a constitutional amendment, as has
happened in Punjab and Jammu and Kashmir.
During such an emergency, the president can take over the entire work of the executive, and the
governor administers the state in the name of the president. The Legislative Assembly can be
dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects of
the state list[33] (see National emergency for explanation).
A State Emergency can be imposed via the following:

1. By Article 356 – If that state failed to run constitutionally, i.e. constitutional machinery
has failed. When a state emergency is imposed under this provision, the state is said
to be under "President's rule.[34]: 159 
2. By Article 365 – If that state is not working according to the direction of the Union
government issued per the provisions of the constitution. [35]
This type of emergency needs the approval of the parliament within 2 months. It can last up to a
maximum of three years via extensions after each 6-month period. However, after one year it can be
extended only if

1. A state of National Emergency has been declared in the country or in the particular
state.
2. The Election Commission finds it difficult to organise an election in that state.
The Sarkaria Commission held that presidents have unconstitutionally misused the provision of
Article 356 many times for achieving political motives, by dismissing the state governments although
there was no constitutional break down in the states. [36] During 2005, President's rule was imposed
in Bihar state, misusing Article 356 unconstitutionally to prevent the democratically elected state
legislators to form a government after the state elections.
There is no provision in the constitution to re-promulgate president's rule in a state when the earlier
promulgation ceased to operate for want of parliaments approval within two months duration. During
2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to
operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest
parliament session is feasible at the end of May 2014 after the general elections. It was reimposed
again unconstitutionally on 28 April 2014 by the president. [37][38]
Financial emergency
Article 282 accords financial autonomy in spending the financial resources available with the states
for public purpose.[7][39] Article 293 gives liberty to states to borrow without any limit to its ability for its
requirements within the territory of India without any consent from the Union government. However,
Union government can insist for compliance of its loan terms when a state has outstanding loan
charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has
been given by the Government of India under the liability of consolidated fund of India. [40]
Under article 360 of the constitution, the president can proclaim a financial emergency when the
financial stability or credit of the nation or of any part of its territory is threatened. [7] However, until
now no guidelines defining the situation of financial emergency in the entire country or a state or a
union territory or a panchayat or a municipality or a corporation have been framed either by
the finance commission or by the central government.
Such an emergency must be approved by the parliament within two months by a simple majority. It
has never been declared.[41]: 604  A state of financial emergency remains in force indefinitely until
revoked by the president.[19]: 195 
The president can reduce the salaries of all government officials, including judges of the supreme
court and high courts, in cases of a financial emergency. All money bills passed by state legislatures
are submitted to the president for approval. He can direct the state to observe certain principles
(economy measures) relating to financial matters.[42]

Selection process
Eligibility
Article 58 of the constitution sets the principal qualifications one must meet to be eligible to the office
of the president. A president must be:

 a citizen of India
 of 35 years of age or above
 qualified to become a member of the Lok Sabha
A person shall not be eligible for election as president if he holds any office of profit under the
Government of India or the Government of any State or under any local or other authority subject to
the control of any of the said Governments.
Certain office-holders, however, are permitted to stand as presidential candidates. These are:

 The current vice-president
 The governor of any state
 A Minister of the Union or of any state (including prime minister and chief ministers)[19]: 72 
In the event that the vice-president, a state governor or a minister is elected president, they are
considered to have vacated their previous office on the date they begin serving as president.
A member of parliament or of a State Legislature can seek election to the office of the president but
if he is elected as president, he shall be deemed to have vacated his seat in parliament or State
Legislature on the date on which he enters upon his office as President [Article 59(1)].
Article 57 provides that a person who holds, or who has held, office as president shall, subject to
the other provisions of this constitution, be eligible for re-election to that office.
Under the Presidential and Vice-Presidential Elections Act, 1952, [43] a candidate to be nominated for
the office of president needs 50 electors as proposers and 50 electors as seconders for his name to
appear on the ballot.[44]
Time of election
Article 56(1) of the constitution provides that the president shall hold office for a term of five years
from the date on which he enters upon his office. According to Article 62, an election to fill a vacancy
caused by the expiration of the term of office of President shall be completed before the expiration of
the term. An election to fill a vacancy in the office of President occurring by reason of his death,
resignation or removal, or otherwise shall be held as soon as possible after, and in no case later
than six months from, the date of occurrence of the vacancy; and the person elected to fill the
vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five
years from the date on which he enters upon his office. To meet the contingency of an election to the
office of President not being completed in time due to unforeseen circumstances like
countermanding of election due to death of a candidate or on account of postponement of the poll for
any valid reason, Article 56(1)(c) provides that the president shall, notwithstanding the expiration of
his term, continue to hold office until his successor enters upon his office.

Conditions for the presidency

Main article: Electoral College (India)
Certain conditions, per Article 59 of the Indian constitution, debar an otherwise eligible citizen from
contesting the presidential elections. The conditions are:

 The president shall not be a member of either house of the parliament or of a house of
the legislature of any state, and if a member of either house of the parliament or of a
house of the legislature of any state be elected president, he shall be deemed to have
vacated his seat in that house on the date on which he enters upon his office as
president.
 The president shall not hold any other office of profit.
 The president shall be entitled without payment of rent to the use of his official
residences and shall be also entitled to such emoluments, allowances and privileges as
may be determined by parliament by law and until provision in that behalf is so made,
such emoluments, allowances and privileges as are specified in the Second Schedule.
 The emoluments and allowances of the president shall not be diminished during his term
of office.[41]: 170 
Election process
Whenever the office becomes vacant, the new president is chosen by an electoral college consisting
of the elected members of both houses of parliament (M.P.s), the elected members of the State
Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative
assemblies (MLAs) of union territories with legislatures, i.e., National Capital Territory (NCT) of
Delhi, Jammu and Kashmir, and Puducherry. The election process of President is more extensive
process than prime minister who is also elected indirectly (not elected by people directly) by the Lok
Sabha members only. Whereas President being the constitutional head with duties to protect,
defend and preserve the constitution and rule of law in a constitutional democracy with constitutional
supremacy, is elected in an extensive manner by the members of Lok Sabha, Rajya
Sabha and state legislative assemblies in a secret ballot procedure.
The nomination of a candidate for election to the office of the president must be subscribed by at
least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security
deposit of ₹15,000 (US$200) in the Reserve Bank of India.[45] The security deposit is liable to be
forfeited in case the candidate fails to secure one-sixth of the votes polled.
The election is held in accordance with the system of proportional representation (PR) by means of
the single transferable vote (STV) method. The voting takes place by a secret ballot system. The
manner of election of President is provided by Article 55 of the constitution.[46]
Each elector casts a different number of votes. The general principle is that the total number of votes
cast by Members of parliament equals the total number of votes cast by State Legislators. Also,
legislators from larger states cast more votes than those from smaller states. Finally, the number of
legislators in state matters; if a state has few legislators, then each legislator has more votes; if a
state has many legislators, then each legislator has fewer votes.
The actual calculation for votes cast by a particular state is calculated by dividing the state's
population by 1000, which is divided again by the number of legislators from the State voting in the
electoral college. This number is the number of votes per legislator in a given state. Every elected
member of the parliament enjoys the same number of votes, which may be obtained by dividing the
total number of votes assigned to the members of legislative assemblies by the total number of
elected representatives of the parliament.
Although Indian presidential elections involve actual voting by MPs and MLAs, they tend to vote for
the candidate supported by their respective parties. [47]

Oath or affirmation
The president is required to make and subscribe in the presence of the Chief Justice of India—or in
his absence, the senior-most judge of the supreme court—an oath or affirmation that he/she shall
protect, preserve and defend the constitution as follows: [48]
I, (name), do swear in the name of God (or solemnly affirm) that I will faithfully execute the office of
President (or discharge the functions of the President) of the Republic of India, and will to the best of
my ability preserve, protect and defend the Constitution and the law, and that I will devote myself to
the service and well-being of the people of the Republic of India.

— Article 60, Constitution of India

Emoluments
Presidential pay

Date updated Salary (per month)

1 February
₹5 lakh (US$6,600)
2018

Sources:[49]

The president of India used to receive ₹10,000 (US$100) per month per the Second Schedule of the
constitution. This amount was increased to ₹50,000 (equivalent to ₹190,000 or US$2,500 in 2020) in
1998. On 11 September 2008, the Government of India increased the salary of the president
to ₹1.5 lakh (equivalent to ₹3.6 lakh or US$4,700 in 2020). This amount was further increased
to ₹5 lakh (equivalent to ₹5.7 lakh or US$7,500 in 2020) in the 2018 Union budget of India.
However, almost everything that the president does or wants to do is taken care of by an
annual ₹225 million (equivalent to ₹530 million or US$7.1 million in 2020) budget that the
Government allots for his or her upkeep.[50] Rashtrapati Bhavan, the president's official residence, is
the largest Presidential palace in the world.[51][52] The Rashtrapati
Nilayam at Bolarum, Hyderabad and Retreat Building at Chharabra, Shimla are the official Retreat
Residences of the president of India.[53] The official state car of the president is a custom-built heavily
armoured Mercedes Benz S600 (W221) Pullman Guard.
The former presidents and widows and widowers of presidents are eligible for pension, furnished
accommodation, security, various allowances, etc.[54]

 Presidential amenities


Rashtrapati Bhavan, the official residence of the president, located at New Delhi
 

Rashtrapati Nilayam is the official retreat of the president located in Hyderabad.

 

The President's Bodyguards is an elite household cavalry regiment of the Indian Army.

 

A chopper of IAF's special VIP fleet meant for carrying the President of India
 
 

VIP B777 with call sign Air India One (INDIA 1) is used for international travels by the
President.
 

Indian Air Force's BBJ 737 with call sign Air India One (INDIA 1) is used for domestic travels
by the President.