Powers and Functions of the President of India: A Comprehensive Overview – (Part 01)

The President of India holds significant powers and functions that shape the governance of the country. These powers span various domains, including executive, legislative, financial, judicial, diplomatic, military, and emergency functions. Understanding these roles is crucial for grasping how the President influences both national and state affairs.

Powers and Functions of the President of India

 Executive Powers

• Administrative Power (Article 77): Formalizing all executive actions of the Government of India in his name 
  • Making rules specifying how orders and instruments executed in his name are authenticated 
  • Creating rules for the efficient conduct of Union government business and the allocation of such business among ministers.
• Appointing the Prime Minister and other ministers who serve at his pleasure (Article 75).
  • Appointing the Comptroller and Auditor General of India, the Attorney General, the Chief Election Commissioner, election commissioners, the members of the Union Public Service Commission, Governors, members of the Finance Commission, and more.
• Seeking Information on Union Affairs: Seeking information related to Union affairs and legislative proposals from the Prime Minister (Article 78)
• Collective Decision-Making: If a minister makes a decision that hasn’t been discussed or approved by the Council of Ministers, the President can require the Prime Minister to bring that matter before the Council for collective consideration (Article 78). 
• Investigation of Conditions: Appointing a commission to investigate the conditions of Scheduled Castes, Scheduled Tribes, and other backward classes.
• Promoting Centre-State Cooperation: Establishing an inter-state council to promote Centre-state and inter-state cooperation (Article 263).
• Administration of Union Territories: Directly administering union territories through administrators appointed by him.
• Declaring Scheduled Areas: Declaring any area as a scheduled area and possessing powers over the administration of scheduled and tribal areas.
• Granting Clemency: Granting pardon, reprieve, respite, or commutation of sentences for individuals convicted of offences ( This is not a judicial power):
  • Punishable by a court-martial.
  • Committed under Union laws.
  • Punishable by death.

Legislative Powers

• Summoning and Proroguing Parliament: Summoning or proroguing Parliament and dissolving the Lok Sabha (Article 85). 
• Convening Joint Sessions: He can also convene a joint session of both houses of the Parliament, presided over by the Lok Sabha Speaker.
• Presidential Address and Messages: Right of the President to address and send messages to Houses (Article 86):
  • The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.
  • Sending messages to Parliament, whether related to pending bills or other matters.
• Special Address by the President (Article 87):
  • At the Commencement of Sessions: At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. 
  • Motion of Thanks: At the end of the discussion of the President’s address, a motion of thanks is passed by the Parliament. 
    • If it is not passed, it amounts to almost a vote of no-confidence against the government. 
• Presiding Officer Appointments: Appointing a member of the Lok Sabha to preside over its proceedings when the offices of the Speaker and the Deputy Speaker fall vacant. 
  • Similarly, appointing a member of the Rajya Sabha to preside over its proceedings when the offices of the Chairman and the Deputy Chairman fall vacant.
• Nomination to Rajya Sabha: Nominating 12 members to the Rajya Sabha from individuals with special knowledge or practical experience in literature, science, art, and social service.
• Disqualification Decisions: Deciding on disqualifications of members of the Parliament, in consultation with the Election Commission.
• Requiring Recommendations for Bills: Requiring prior recommendations or permissions to introduce certain types of bills, such as those involving expenditures from the Consolidated Fund of India or altering state boundaries, Bills affecting taxation in which States are interested, etc.
• President’s Alternatives on Bills: When a bill is passed by the Parliament and presented to the President, he has three alternatives (Article 111) 
  • he can assent to it, 
  • withhold assent, or 
  • return it (if it’s not a money bill) for Parliament’s reconsideration. 
  • However, if the bill is passed by Parliament again, with or without amendments, the President must give his assent (Suspensive veto).
• President’s Options on State Legislation: When a bill passed by a State Legislature is reserved for the President’s consideration by the Governor, the President can assent, withhold assent, or direct the Governorto return it (if it’s not a money bill) for reconsideration. 
  • The President is not obliged to give assent, even if the bill is passed again by the state legislature and sent back for consideration (Article 201).
• Ordinance Issuance: The President can issue ordinances when Parliament is not in session, which must be approved by Parliament within six weeks of its reassembly. 
  • He can also withdraw an ordinance at any time (Article 123).
• Laying Reports Before Parliament: Laying reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others before Parliament.
• Regulations for Union Territories: Making regulations for the governance of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh. 
  • For Puducherry, the President can legislate through regulations when the assembly is suspended or dissolved.

Financial Powers

• Introduction of Money Bills: Introduction of money bills in Parliament only with the President’s prior recommendation.
• Presentation of Union Budget: Presentation of the annual financial statement (Union Budget) to Parliament.
• Demand for Grant Approval: can be made only on the President’s recommendation.
• Authority to Use Contingency Fund: Authority to make advances from the contingency fund of India to address unforeseen expenses.
• Establishment of Finance Commission: Establishment of a finance commission every five years to recommend revenue distribution between the Centre and the states.

Judicial Powers

• Judicial Appointments: Appointing the Chief Justice and judges of the Supreme Court and high courts.
• Seeking Supreme Court Advice: Seeking advice from the Supreme Court on legal or factual questions, although the Supreme Court’s advice is non-binding (under Article 143).

Diplomatic Powers

• International Negotiations: The President represents India in international negotiations and agreements. 
  • However, these agreements require parliamentary approval. 
• Diplomatic Affairs: The President also sends and receives diplomats, such as Ambassadors and High Commissioners.

Military Powers

• Supreme Commander: The President serves as the supreme commander of India’s defence forces, appointing the chiefs of the Army, the Navy, and the Air Force. 
• War and Peace Powers: He can declare war or conclude peace, subject to Parliament’s approval.

Emergency Powers

• Emergency Powers of the President: Apart from standard powers, the Constitution grants the President extraordinary authority to address the following types of emergencies:
  • National Emergency (Article 352)
  • President’s Rule (Article 356)
  • Financial Emergency (Article 360)

Discretionary powers of the President

• Lack of Explicit Discretionary Powers: The Indian constitution does not explicitly provide the President with any discretionary powers. 
• Situational Discretions: However, he has a few situational discretions under the below-mentioned situations:
  • Selection of the Prime Minister: When no party has a clear majority in the Lok Sabha or when there is a vacancy in the Prime Minister’s office due to the sudden death of the PM.
  • Dissolution of the Lok Sabha:  If the council of ministers has lost its majority vote.

The Veto Power Of  The President

Absolute Veto

• The President wields absolute veto power by withholding his assent to a bill that has been approved by Parliament. 
  • This results in the bill’s termination and its inability to become law. 
• Circumstances for Exercising Absolute Veto: This veto is primarily exercised in two circumstances:
  • In the case of private members’ bills (i.e., bills introduced by any Member of Parliament who is not a minister).
  • In situations where the government bills are passed by the Parliament, but the cabinet resigns before the President’s assent is given, and the new cabinet advises the President not to grant assent to those bills.
• Instances of Absolute Veto:
• Dr. Rajendra Prasad (1954): In 1954, President Dr Rajendra Prasad withheld his assent to the PEPSU Appropriation Bill, which had been passed by Parliament during the imposition of President’s Rule in the state of PEPSU. 
  • However, when the bill was submitted for the President’s assent, the President’s Rule was lifted.
• R. Venkataraman (1991): In 1991, President R Venkataraman withheld his assent to the Salary, Allowances, and Pension of Members of Parliament (Amendment) Bill, which was passed by Parliament without obtaining the prior recommendation of the President on the last day before the dissolution of Lok Sabha.                                                               

Suspensive Veto

• Exercise of Suspensive Veto: The President exercises the suspensive veto when returning a bill to the Parliament for reconsideration. 
  • Nevertheless, if the bill is passed again by the Parliament, with or without amendments, and then presented to the President once more, it becomes mandatory for the President to grant assent to the bill.
  • Conditions for Overriding the Veto: In this scenario, the presidential veto can be overridden by a simple majority, unlike in the United States, where a higher majority is required.
• Limitations on Veto Power: However, it’s important to note that the President does not possess this veto power in the case of money bills or Constitutional Amendment bills.
  • The President can either grant assent to a money bill or withhold his assent to it, but cannot return it for Parliament’s reconsideration. 
  • Typically, the President grants assent to money bills as they are introduced in the Parliament with the President’s prior permission.

Pocket Veto

• Definition of Pocket Veto: In a pocket veto, the President refrains from ratifying, rejecting, or returning the bill and simply keeps it pending indefinitely. 
  • This power to take no action, whether positive or negative, on a bill is known as a pocket veto. 
• Comparison with U.S. Pocket Veto: Unlike in the United States, where the President must return a bill for reconsideration within 10 days, the Indian Constitution does not specify a time limit for the President’s decision on a bill presented for assent. 
  • Therefore, it can be said that the Indian President’s “pocket” is more substantial than that of the American President.
• Instance of Pocket Veto: In 1986, President Zail Singh exercised the pocket veto regarding the Indian Post Office (Amendment) Bill, which had been passed by the Rajiv Gandhi Government. 
  • The bill imposed restrictions on the freedom of the press and faced widespread criticism.
• Limitations on Veto Power: It’s important to emphasise that the President has no veto power with respect to constitutional amendment bills. 
  • The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to grant assent to constitutional amendment bills.

Presidential Veto over State Legislation

• Veto Power over State Legislation: The President also has veto power over state legislation. 
  • A bill passed by a State Legislature can only become law if it receives the assent of the Governor or the President (in cases where the bill is reserved for the President’s consideration).
• Options for the Governor: When a bill passed by a state legislature is presented to the Governorfor assent, the Governor has four options under Article 200 of the Constitution:
  • Grant assent to the bill.
  • Withhold assent to the bill.
  • Return the bill (if it is not a money bill) for the reconsideration of the state legislature.
  • Reserve the bill for the President’s consideration.
• President’s Options under Article 201: When a bill is reserved by the Governor for the President’s consideration, the President has three options under Article 201 of the Constitution:
  • Grant assent to the bill.
  • Withhold assent to the bill.
  • Instruct the Governor to return the bill (if it is not a money bill) for the reconsideration of the state legislature. 
    • If the bill is passed again by the state legislature, with or without amendments, and then it is directly presented to the President for consideration, the President is not obligated to grant assent to the bill.

• Limitations on State Legislation and Pocket Veto Power: This means that the state legislature cannot override the President’s veto power. 
  • Furthermore, the Constitution does not prescribe a time limit for the President to make a decision regarding a bill reserved by the Governorfor consideration. 
  • Consequently, the President can also exercise a pocket veto with regard to state legislation.

Conclusion

In summary, the President’s powers are vital to maintaining the framework of Indian democracy. 

• From executing laws to vetoing legislation, these functions ensure a balance between the government and Parliament. 
• The President’s role as a constitutional authority is essential for the country’s stability and governance.

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