Indian Polity / Union Executive

Powers and Functions of President of India

The President of India is the constitutional head of the State and is considered the first citizen of India. He is also the Commander-in-Chief of the Armed Forces in India. The powers and functions of President of India include Executive, Legislative, Judicial, Military, Financial, Diplomatic as well as Emergency powers. The President plays an important role in determining the progress and direction of the nation and defending the Constitution of India.

Executive Powers of President of India

According to Article 53, President is the head of the Union Executive. So, he exercises all the powers of the Executive. As a head of the country, all the appointments that are given, are made in the name of the President from the Prime minister down to a common attender under the Government of India.
The President can inquire about any information regarding the administration of the Union Government and has the power to streamline the business operations of the government and can assign responsibilities to the ministers.
He can ask the Prime Minister to present to the Council of Ministers for consideration of any matter on which a single minister has taken a decision but not the Council of Ministers got involved in it.
The President can probe into the conditions of the underprivileged communities and can order the administration for improvemnt of their well-being.
He can boost the cooperation between the state governments and the central government by appointing an Inter-State Council.
In addition to appointing administrators for the Union Territories, he has the authority to declare specific regions as scheduled or tribal areas.

Legislative Powers of President of India

Article 79 of the Constitution says that the President of India is part of the Parliament, but at the same time he is not one of the members of the Parliament.

That is, the President starts and concludes all the legislative business of the Parliament. He convenes (summons) the sessions of the Parliament. President prorogues the Parliament.
President of India addresses joint session of the Parliament generally during the Budget session of every year and during the beginning of newly elected Lok Sabha.

During the Budget session, he delivers a speech that is prepared by the Cabinet regarding the programmes and policies of the Government for the ensuring year.

At the end of his speech, there will be 'Motion of Thanks' by both the Houses separately moved by the ruling party MPs and it is being subjected to voting. If the 'Motion of Thanks' is not passed by the Parliament, it amounts to defeat of the Government.
The President of India can convey or send opinions and messages to the Houses on a bill or on the nature of proceedings.
A Bill becomes an Act only after getting the assent of the President of India.
The President dissolves the Lok Sabha on the recommendation of Council of Ministers.
The President nominates 12 members to the Rajya Sabha.
The President of India promulgates Ordinances under Article 123 when both Rajya Sabha and Lok Sabha are not in session. Ordinance is a kind of temporary law. The Ordinance thus promulgated by President, must be approved within 6 weeks after the Parliament reassembles.

So, the maximum duration of Ordinance being not approved by the Parliament is 6 months and 6 weeks only as the maximum gap between two sessions of Parliament is 6 months. Once it is approved by the Parliament, it becomes an ordinary law.

President cannot give Ordinance for Amendment of the Constitution. He can repeal the Ordinance at any time. It is a non-discretionary power of the President. He has to act according to the decision of the Cabinet.
President of India causes reports of CAG, UPSC, Finance Commission, SC Commission, ST Commission to be laid before the Parliament.
In addition to the above mentioned legislative powers, the President of India has the following types of Veto powers with respect to the Bills passed by the Parliament and the state Legislatures (if the Governor of the concerned state reserves the Bill for consideration of the President),
- Absolute Veto - Under Article 111 of the Constitution, the President can declare that he withholds his assent to a Bill passed by the Parliament, that means outright refusal to give his assent. This is called Absolute Veto power of the President.
- Suspensive Veto - Article 111 also gives power to the President to return a Bill (not in case of Money Bill) to the Parliament or the state Legislature to reconsider the Bill. This is called Suspensive Veto power of the President.
- Pocket Veto - As the Constitution of India does not mention the period within which the President needs to take action on a Bill, he may neither give assent nor reject nor return the Bill but simply keep it with himself for an indefinite period. This is called Pocket Veto power of the President.

Financial Powers of President of India

No tax can be levied or collected and no Money Bills shall be introduced in the Lok Sabha without the prior permission of the President.
President controls and regulates the Contingency Fund and Public Fund of India.
He causes the annual financial statement (i.e. the Union Budget) to be laid before the Parliament of India.
No demand for a grant shall be made except on the recommendation of the President.
Every five years, he appoints a Finance Commission to make recommendations for dividing the revenues between the Centre and the states.

Judicial Powers of the President

Article 72 talks about Judicial power of the President. Including death penalty, he can Pardon any sentence given by the court.
The President can Remit (reduce) the sentence without changing the nature of the sentence.
He can Commute (change) the sentence, that is he can change the nature of the sentence without changing the length.
He can Reprieve (postpone), that is he can postpone the execution of sentence.
President can Respite (relief) the sentence. That is relief is given to the convicted on extra-ordinary situation.

They are all non-discretionary powers. They are given on the advice of the Council of Ministers. The main intention of such power of the President is to set right the possible Judicial errors if any.

Military Powers of President of India

Article 53 says that the President is the supreme commander of the Armed forces or Commander-in-Chief of the Armed forces. In that capacity, he appoints the chiefs of the three wings of the Armed forces, i.e. the Army, the Navy, and the Air Force.
He can announce war and conclude peace on the advice of the Council of Ministers, headed by the Prime Minister.

Diplomatic Powers of President of India

President appoints diplomats, ambassadors and high-commissioners to different countries in the world. The diplomats, who are appointed by various countries, have to produce their credentials (joining report) to the President.
All international treaties and agreements are negotiated and concluded on behalf of the President. However, they require the approval of the Parliament.
The President of India represents the country in international affairs and forums.

Emergency Powers of President of India

When there is a threat to the security of India or when a State Government is not being run according the Constitution or when there is a threat to the financial stability of the country, the President can impose 3 types of Emergencies namely, the National Emergency, the Constitutional Emergency or the Financial Emergency respectively. Articles 352 to 360 talk about Emergency powers of the President.

Quiz

What happens when the 'Motion of Thanks' is not passed by the Parliament?
1. The Parlimentary Affairs minister has to resign
2. There should be a Joint Sitting of both the Houses of Parliament to pass the Motion
3. It amounts to defeat of the Government
4. The President of India has to resign
Answer

Ans: C
The maximum validity of Ordinance issued by the President of India is?
1. 6 months
2. 6 months and 6 weeks
3. 6 weeks
4. 2 months
Answer

Ans: B