Article 52

The framers of the Constitution wanted India to be a republic, not a monarchy, so instead of a hereditary king or queen, they created an elected Head of State: the President. Article 52 is the opening line of Part V (which deals with the Union government) and simply establishes that this office must exist. It sets the stage for later Articles (53 onwards) that explain the President's powers, election, and role, largely modeled on the British constitutional monarch but adapted for a democratic, elected republic.

Courts have not needed to interpret Article 52 in isolation, since it merely establishes the office. However, judgments interpreting the President's powers and role — such as those on the President's discretion, the aid-and-advice requirement under Article 74, and cases like Samsher Singh v. State of Punjab (1974) — presuppose and build upon the existence of the office created here.

• Myth: Article 52 gives the President specific powers.
  Fact: It only creates the office. The President's actual powers and duties are described in later Articles, like 53 and onwards.