Powers and Functions of the President of India

Article 52  states that India shall have a President. The powers and duties of the President are Executive Powers, Legislative Powers, Financial Powers, Judicial Powers, Diplomatic Powers, Military Powers, Veto Power, Ordinance Making Power, Pardoning Power and Emergency Powers.

1. Executive Powers

All executive actions of the government are taken in the name of the President. The President appoints the Prime Minister and other ministers. The President appoints the Attorney General and fixes his salary. The President makes appointments to the posts of Comptroller and Auditor General, Chief Election Commissioner, other Commissioners, UPSC Chairman, State Governors, Chairman of the Finance Commission, etc. The President can seek any information related to the administration of the Union and suggestions for legislation from the Prime Minister. The President may request the Cabinet to consider any matter decided by a Minister but not considered by it. The President has the power to appoint a commission to assess the conditions of the Scheduled Castes, Scheduled Tribes and other Backward Classes. The President has the power to constitute inter-state councils to improve Centre-State relations. The President has the power to appoint administrators in Union Territories. The President also has the power to declare any area as a Scheduled Area.

2. Legislative Powers

The President has the power to summon the sessions of Parliament, to terminate the sessions prematurely and to dissolve Parliament. The President has the power to address Parliament in the first session after a general election and in the first session of each year. The President can ask the Parliament for an explanation regarding a bill that is delayed in Parliament or any other matter. The President has the power to summon a joint session of Parliament. The President may appoint any member of the Lok Sabha to preside over its proceedings in the event of a vacancy in the offices of Speaker and Deputy Speaker. Similarly, the President may appoint any member of the Rajya Sabha to be the Chairman of the Rajya Sabha in the event of a vacancy in the offices of Chairman and Deputy Chairman. The President can nominate 12 members to the Rajya Sabha from the fields of art, science, literature, public service, etc. He nominates two members to the Lok Sabha from the Anglo-Indian community. 

Important bills relating to withdrawal of money from the Consolidated Fund of India, formation of new states, and re-demarcation of state boundaries must obtain the President's approval before being introduced in Parliament. The final decision on the disqualification of a member of Parliament rests with the President (after consulting the Election Commission). The President has the power to assent, withhold or return a bill passed by Parliament (except a constitutional amendment bill). A money bill cannot be returned. If the returned bill is re-passed by Parliament (with or without amendment) and presented to the President, the President must sign it. The President also has the power to assent, withhold or return a bill passed by a state assembly when it is sent to the President for consideration by the Governor. A money bill cannot be returned. If the returned bill is re-passed (with or without amendment) and presented to the President, the President does not have to sign it. The President submits important reports of the Comptroller & Auditor General, UPSC, Finance Commission, etc. to Parliament. 

3. Financial Powers

The President's prior recommendation is required for introducing money bills in Parliament. President sanctions the introduction of money bill in the Parliament. The annual financial statement, known as the Union Budget, is presented on the instructions of the President. No grant can be sought without the President's recommendation. The Budget is presented in Parliament in the name of the President. The President has the power to make advances from the Central Fund and the Contingency Fund to meet any unforeseen expenditure. The president appoints a finance commission every five years. The President has the power to reconstitute the Finance Commission every five years to facilitate the financial transactions between the Centre and the States.

4. Judicial Powers

The President appoints the Chief Justice and the judges of the Supreme Court and High Courts. The President can seek legal advice from the Supreme Court on important issues. 

5. Diplomatic Powers

All international treaties and agreements are negotiated and concluded on behalf of the President. The President represents the country in international forums and affairs where such a function is chiefly ceremonial. The President may also send and receive ambassadors and high commissioners in the name of the President. The President is the first citizen of the Country.

6. Military Powers

The President is the 'Supreme Commander of the Indian Defence Forces'. The President also appoints the Chiefs of the Army, Navy, Air Force, etc. The power to declare war on another country is vested in the President.

7. Veto Power

Article 111 states about Veto Power. When a bill is presented to President for his assent, he may give his assent, may withhold his assent, or may return the bill. The objective of veto power is to prevent hasty and ill-considered legislation and to prevent a legislation which may be unconstitutional. There are four types of veto - Absolute veto, Qualified veto, Suspensive veto and Pocket veto. President of India enjoys the exercise of absolute veto, suspensive veto and pocket veto.

Absolute veto - It is the power of the president to withhold his assent to a bill and the bill does not become an act. 

Suspensive veto - It is exercised when the president returns the bill for reconsideration. If the parliament sends back the bill with or without amendments, then the president have to give assent. This veto is not exercised in the case of money bill because money bill is introduced in the parliament on the recommendation of the president.

Pocket veto - It is the power of the president not to take any action on the bill, pending it for an indefinite period. 

8. Ordinance Making Power

According to Article 123, President can promulgate ordinances when both the houses of the parliament are not in session. These ordinances must be approved by the Parliament within the six weeks of its reassembly. The ordinance can be effective for a maximum period of six months and six weeks.

9. Pardoning Power

The President has the power to grant pardon, reprieve, remit the sentences or suspend remit or commute punishment in certain cases. Article 72 defines the pardoning power.

10. Emergency Powers

The emergency powers that the President can declare are,

i. National Emergency (Article 352)

The Emergency is declared by the President. Such an emergency was declared in 1962 (Indo China War), 1971 (Indo Pakistan War), 1975 (Internal Disturbance). During the emergency the State can suspend the fundamental rights conferred in Part III of the Indian Constitution. Any proclamation by the president is valid only for one month unless it is approved by both houses of the parliament. An emergency provision, unless revoked, ceases to operate on the expiration of period of six months.

ii. State Emergency/President's Rule (Article 356 & 365)

Article 356 (1) states that if the president on receipt of a report from Governor of a State, or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried in accordance with the provisions of the constitution, he can proclaim this emergency. The President may do the same when any State has failed to comply with, or to give effect to, any directions given by the Union (Article 365). The proclamation should be approved within two months by both houses of the Parliament, then it remains in force for six months. Under Article 356 of the Indian Constitution, Emergency can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needed extension for more than three years, it can be achieved by constitutional amendment.

iii. Financial Emergency (Article 360)

The President proclaims Financial Emergency under article 360 if he is satisfied that the financial stability or credit of india or any part thereof is threatened. This proclamation must be approved within two months by the Parliament. All money bills and financial bills passed by the state legislative can be reserved for President's consideration during the period of financial emergency. Financial Emergency has never been declared. A state of financial emergency remains in force indefinitely until revoked by the President. The proclamation of financial emergency empowers the president to issue direction for the reduction of salary and allowances of the employees of Central and State government.