Powers of the President of India: Executive, Legislative, Judicial, and More

The Multifaceted Role of the President of India

The President of India holds a pivotal role in the country’s governance, entrusted with various powers and functions. These encompass executive, legislative, and judicial domains. From appointing key officials to addressing the nation’s Parliament, the President’s role is multifaceted, embodying both ceremonial duties and significant constitutional authority.

Executive Powers of the President of India

• All executive actions of the GoI are formally taken in his name.
• Make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.
• Make rules for more convenient transactions of the business of the Union government.
• Require the Prime Minister to submit for the consideration of the CoM.
• Appoint a commission to investigate into the conditions of SCs, STs and OBCs.
• Appoint an inter-state council to promote Centre-state and interstate cooperation. 
• Directly administer the union territories through administrators appointed by him.
• Declare any area as Scheduled Area.
• Appoints: PM and other Ministers, CoM, Attorney General, CAG, Chief Election Commissioner and other election commissioners, chairman and members of Public Service Commission, Governors, chairman and members of the finance commission, Inter-state council, administrators of UTs, etc. 
  • They hold office during his pleasure. 
• According to Dr B R Ambedkar, beyond the identity of names of the President of India and USA, there is nothing in common between the form of government prevalent in America and the form of government adopted under the Indian Constitution.

Legislative Powers of the President of India

• The President is an integral part of Parliament. 
• Session of Lok Sabha: He Summons, Prorogues, and Dissolves the Lok Sabha.
  • Summon a joint sitting of both the Houses.
• Addressing Parliament: Address the Parliament at the commencement of the first session after each general election and the first session of each year.
• Messages to Parliament: Send messages to the Houses of Parliament, whether with respect to a bill pending in the Parliament or otherwise. 
• Appoint any member of the LS/RS to preside over its proceedings when the offices of both the Speaker/Chairman  and the Deputy Speaker/Deputy Chairman  fall vacant
• Requisite Permissions for Introducing Bills: Prior permission is needed to introduce certain types of bills in the Parliament.
  • Expenditure from the Consolidated Fund of India, 
  • Alteration of boundaries of states/creation of a new state, 
  • Money bill, 
    • Imposes or varies any tax /duty in which states are interested, 
    • Bill, which varies the meaning of the  expression ‘agricultural income’ as  defined for the enactments relating to Indian income tax, 
    • A bill which affects the principles  on which sums of money are /may be distributable to states and  
    • A  bill that imposes any surcharge on any specified tax /duty for the purpose of the center.  
    • State bills imposing restrictions on the freedom of trade, commerce and intercourse with that state /within that state can be introduced in the legislature of the state only with the previous sanctions of the President.
• Nomination to Rajya Sabha: Nominates 12 personalities to Rajya Sabha and two members to the Lok Sabha from the Anglo-Indian Community (before 2020).
• Decides Disqualification: Decides on questions as to disqualifications of members of Parliament, in consultation with the Election Commission.
• Ordinances Making Power: Promulgate ordinances when the Parliament is not in session, that must be approved by the Parliament within six weeks from its reassembly. 
  • He can also withdraw an ordinance at any time.
• Make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Ladakh, Puducherry (but only when the assembly is suspended/dissolved)
• Lays the reports of the Finance Commission, UPSC, CAG etc., before the Parliament.

Financial Powers of the President of India

• Prior recommendation for the introduction of a Money bill.
• Prior recommendation for demand for a grant.
•  Annual Financial Statement (budget) laid before the parliament.
• Constitutes Finance Commission after every five years.
• Make advances out of the contingency fund of India

Judicial Powers of the President of India

• Appoints CJI and Judges of SC & HC.
• Seek advice from the SC on any question of law or fact – Non-binding on the President.
• Grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute in all cases where the punishment or sentence is by a court-martial, offence against a Union law; and sentence of death.

Diplomatic Authority of the President of India

• International treaties and agreements are negotiated and concluded on behalf of the President – subject to the approval of the Parliament.
• He represents India in international forums and affairs and sends and receives diplomats like ambassadors, and high commissioners.

Military Authority of the President of India

• He is the supreme commander of the defense forces of India.
• He appoints the chiefs of the Army, the Navy and the Air Force.
• He can declare war or conclude peace, subject to the approval of the Parliament.

Constitutional Emergency Powers of the President of India

• The Constitution confers extraordinary powers on the President to deal with: National Emergency (Art.352); President’s Rule (Art.356 & 365); and Financial Emergency (Art.360).

Situational Discretionary Powers of the President of India

• No Constitutional Discretion.
• Situational Discretions:
• Appointment of PM and CoM when there is no majority in Lok Sabha or when PM dies in office and there is no obvious successor. 
• Dismiss CoM if No Confidence Motion Approved.
• Dissolve Lok Sabha if CoM lost majority.

Conclusion

The President of India wields a diverse range of powers and functions that are essential for the smooth functioning of the nation’s democratic framework.  The president’s role is vital in upholding the principles of governance, ensuring checks and balances, and representing the unity and sovereignty of the Indian Republic. While the President’s powers are considerable, they are also circumscribed by constitutional provisions, emphasizing the importance of balance and accountability in the exercise of authority at the highest level of leadership.

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