President - Aricle 52
Part V – The Union
Chapter I – The Executive
Article 52 – The President of India
There shall be a President of India.
Notes
Part V – The Union
Part V of the Indian Constitution deals with the Union Government (Central Government) of India.
It contains:
• The President
• The Vice-President
• The Prime Minister and Council of Ministers
• The Attorney General of India
• Parliament
• The Supreme Court
• Comptroller and Auditor-General (CAG)
Articles Covered:
• Article 52 to Article 151
Chapters in Part V:
• Chapter I – The Executive
• Chapter II – Parliament
• Chapter III – Legislative Powers of the President
• Chapter IV – The Union Judiciary
• Chapter V – Comptroller and Auditor-General of India
Articles 52 to 78 in Part V of the Constitution deal with the Union executive.
The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers and the attorney general of India.
Article 52 only says:
'There shall be a President of India.'
Directly Derived from Article 52:
• India must have a President.
• The office of the President is constitutionally created.
Indirectly Derived (through constitutional interpretation and related Articles):
• Head of the Indian State
• First Citizen of India
• Executive Head of the Union
• Symbol of National Unity , Integrity and solidarity
• Symbol of Sovereignty
Why indirectly?
• Article 52 creates the office.
• Articles like 53, 60, 74, and the parliamentary system explain the President’s role and importance.
• Constitutional conventions and political theory further describe the President as the symbol of unity and sovereignty.
Therefore:
• Article 52 is the foundation.
• The broader status and symbolism of the President come from the Constitution as a whole.
• Head of State
→ The President officially represents the Republic of India before the world.
→ Foreign ambassadors present credentials to the President.
→ International treaties and official state functions are carried out in the President’s name.
• First Citizen of India
→ The President holds the highest position in the official order of precedence.
→ The President receives the highest state respect, honour and protocol in India.
• Executive Head of the Union
→ Under Article 53, the executive power of the Union is vested in the President.
→ All major executive actions of the Central Government are formally taken in the President’s name.
→ Ministers and government officials function under constitutional authority derived from the President.
• Symbol of National Unity
→ The President represents the entire nation, not any political party, religion or state.
→ The office unites all citizens under one constitutional authority.
→ During national events and ceremonies, the President stands as the symbol of the unity of India.
• Symbol of Integrity and Sovereignty
→ The President symbolises the territorial integrity and independence of India.
→ As the constitutional Head of State, the President represents India’s sovereign authority.
→ The President’s oath includes protecting the Constitution and preserving the unity and integrity of the nation.
Presidents of India
The President is the constitutional head of the Union Government of India.
List of Presidents of India:
• Dr. Rajendra Prasad (1950–1962) → First President of India
• Dr. Sarvepalli Radhakrishnan (1962–1967)
• Dr. Zakir Husain (1967–1969) → First Muslim President
• V. V. Giri (1969–1974)
• Fakhruddin Ali Ahmed (1974–1977) → President during Emergency
• Neelam Sanjiva Reddy (1977–1982) → Only unopposed President
• Giani Zail Singh (1982–1987) → First Sikh President
• R. Venkataraman (1987–1992)
• Dr. Shankar Dayal Sharma (1992–1997)
• K. R. Narayanan (1997–2002) → First Dalit President
• Dr. A. P. J. Abdul Kalam (2002–2007) → ‘Missile Man of India’
• Pratibha Patil (2007–2012) → First Woman President
• Pranab Mukherjee (2012–2017)
• Ram Nath Kovind (2017–2022) → Second Dalit President
• Droupadi Murmu (2022–Present) → First Tribal Woman President
Important Facts:
• The President is elected indirectly by an Electoral College.
• The term of office is 5 years.
• Article 52 provides for the office of the President.
• Article 53 vests executive powers of the Union in the President.
• The President acts on the aid and advice of the Council of Ministers.
Therefore:
• The President is the constitutional head and symbolic representative of the Republic of India.
Shamsher Singh vs State of Punjab (1974)
Citation:
• AIR 1974 SC 2192
• (1974) 2 SCC 831
Bench:
• Seven-Judge Constitution Bench of the Supreme Court.
Main Constitutional Question:
• Can the President or Governor act personally using their own discretion in executive matters?
Background of the Case:
• Two probationary judicial officers in Punjab were removed from service.
• The removal orders were issued in the name of the Governor.
• The issue arose whether the Governor acted personally or only as a constitutional head acting on ministerial advice.
Supreme Court Judgment:
• The President and Governor are only constitutional/formal heads.
• Real executive power is exercised by the Council of Ministers.
• The President and Governor must normally act on the aid and advice of the Council of Ministers.
• Personal discretion is allowed only in exceptional situations expressly mentioned in the Constitution.
Most Famous Principle from the Case:
• 'The President and Governor are constitutional heads, not real executives.'
Important Constitutional Meaning:
• India follows the Parliamentary System of Government.
• Real executive authority belongs to:
→ Prime Minister at the Union level.
→ Chief Minister at the State level.
Effect on Articles 52 and 53:
• Article 52 creates the office of the President.
• Article 53 says executive power is vested in the President.
• Shamsher Singh case clarified that this power is exercised mainly through the Council of Ministers, not personally by the President.
Key Principle Established:
• Constitutional Head ≠ Real Executive Head
Exceptions Mentioned:
• The Governor/President may use discretion only where the Constitution expressly permits it.
• Example:
→ Certain situations under Article 356.
→ Reservation of Bills in some cases.
Importance of the Case:
• One of the most important judgments explaining the Parliamentary Executive system in India.
• It protected democratic cabinet government and limited personal rule by constitutional heads.