Who is the Constitutional Head of India?

By meenakshi|Updated : November 14th, 2022

The constitutional head of India is the President of India. In accordance with Article 74(1) of the Indian Constitution, the President shall be assisted and advised by a Council of Ministers, which shall also include the Prime Minister of India. The Prime Minister and the Council of Ministers' recommendations must be followed by the President when carrying out his or her duties.

Constitutional Head of India

According to the Indian Constitution, India has a parliamentary form of government wherein the President is the normal executive. The real executive power is the council of Ministers, with the Prime Minister as its head. The management and functions of the Constitution head of India are as follows -

  • Executive functions: The Union Executive is led by the President. He is in charge of choosing the Supreme Court and High Court Judges, the Auditor General of India, State Governors, and other top officials.
  • Legislative powers and functions: A crucial component of the Union Legislature is the President. He has the authority to address both houses of parliament and is in charge of selecting candidates for both houses. In some cases, starting any legislature requires the President's approval.
  • Emergency powers: The President holds the emergency powers: National Emergency, Financial Emergency, and Emergency for the failure of Constitutional Machinery in a State.
  • Financial powers and functions: Without the recommendation of the President, no money can be introduced in the Parliament.
  • Other powers: The president enjoys diplomatic, Military, and Pardoning Judicial authorities.

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FAQs on Constitutional Head of India

  • The President of India is the Constitutional head of India. The Indian President has executive, Legislative, Financial, Diplomatic, Military, Pardoning or judicial, and Emergency powers. 

  • Articles 53, 74 (1) and 75 of the Indian Constitution have provisions for the Constitutional head of India. According to Article 74(1) of the Indian Constitution, a Council of Ministers must be headed by the Indian Prime Minister to advise the President of India.

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