Powers of the President

The post of the President is vested with substantial powers But, he has to function according to the advice of the Prime Minister and his council of Ministers. Therefore, his role is that of a Ceremonial Head in whose name the decisions of the government are carried out

1. Executive Powers of President
2. Legislatice Powers of President
3. Financial Powers of President
4. Judicial Powers of President
5. Diplomatice Powers of Presidnt
6. Military Powers of President
7. Emergency Powers of President

Executive Powers of President

• Every executive action taken by central government should be under President’s name.
• He appoints the Attorney General of India and determines his Remunersation (Salary).
• He appoints the inter-state council under article 263. It is one of the Constitutional body and Prime Minister is the chairperson of this council.
• He appoints the administrator of the Union Territory
• President appoints the Prime Minister and other Ministers under article 75.
• He appoints the comptroller and Auditor General of India (CAG)
• He appoints the chief election commissioners and election commissioners
• He appoints the chairmen and menbers of Union Public Service Commission (UPSC)
• He appoints the Governors of State and the Judges of supreme court and high court.
• He appoints the chairperson and members of the Finance commission under article 280.
• President appoints the Vice-Chancellors of central universities. Vice president is the chancellors of the central universities.
• He appoints the Head of the Army, Navy and Airforce.
• He appoints the National Commissions of
  • Scheduled Castes (SC)
  • Scheduled tribes (ST)
  • Other Backward Classes (OBC)

Legislative Powers of President

• President summons or prorogues Parliament and dissolve the Lok Sabha.
• He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
• He addresses the Indian Parliament at the commencement of the first session after every general election
• He appoints speaker, deputy speaker of Lok Sabha and chairman/deputy chairman of Rajya Sabha when the seats fall vacant.
• He nominates 12 members of the Rajya Sabha under article 18.
• He can nominate two members to the Lok Sabha from the Anglo-Indian Community under article 331.
• He consults the Election Commission of India on questions of disqualifications of MPs.
• He recommends/Permits the introduction of certain types of bills

Financial Powers of President

• Money bill can’t be introduced without President permission. Money Bill under article 110.
• President’s permission is essential for demand of grants.
• Contingency (Emergency) Fund of India is under his control
• President constitute the finance commission for every five years under article 280.

Judicial Powers of President

• President can appoint the chief Justice Judges and Judges on Supreme Court and High Court under collegium (Group of Judges advisory).
• He takes advice from the supreme court under article 143.
• President has a pardoning power under article 72. Pardoning powers of the president includes the following types :
  • Pardon – Completely absolves the guilt of the offender.
  • Reprieve – it is stay of death sentence or life imprisonment pending on the appeal of pardon or commutation
  • Respite – Awarding a lesser sentence on special ground e.g. pregnancy of a woman offender.
  • Remission – reduces the term of the imprisonment
  • Commutation – With this nature of the punishment of the convict can be changed.

Diplomatic Powers of President

• International Treaties and agreements that are approved by the parliament are negotiated and concluded in his name.
• He is the representative of India in international forums and affairs.

Military Powers of President

• He is the supreme commander of the Defence Force of India. He appoints :
  • Chief of the Army
  • Chief of the Navy
  • Chief of the Air Force
  • Chief of the CDS (Combined Defence Services)

Emergency Power of President

• He deals with three types of emergencies given in the Indian constitution:
  • National Emergency (Article 352)
  • President’s Rule (Article 356 & 365). It can also called as State emergencies or Constitutional rule.
  • Financial Emergency (Article 360)

Ordinance Power of President – Emergency law

• Article 123 deals with the ordinance making power of the President.
• He can only promulgate the ordinance under these circumstances:
  • When both the houses or either of the house is not in the session
  • Circumstances occur when the president thinks it necessary to act without waiting for houses to assemble.
• The parliament has to approval the ordinance within six weeks from its re-assemble.

Vito Power of President

• When a bill is introduced in the parliament, Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is on the President of India to either reject the bill, return the bill or withhold his assent to the bill.
• The choice of the President over the bill is called his veto power. The Veto Power of the President of India is guided by Article 111 of the Indian Constitution.
• There are three types of Veto

1. Absolute veto (Reject) – The power of the President to withhold the assent to the bill termed as his absolute veto.
2. Suspensive Veto (Consideration) – The power of the President to return the bill to the Parliament with or without consideration.
3. Pocket Veto – The power of the President to not act upon the bill is termed as as pocket veto

Article 72

The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence

Article 73

(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend —

(a) to the matters with respect to which Parliament has power to make laws; and

(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement:

Provided that the executive power referred to in subclause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws.

(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.