CONSTITUTION OF INDIA NOTES

CONSTITUTION OF INDIA || POWER OF

PRESIDENT ||

What is the meaning of Impeachment?

Article 61 provides the provision of impeachment of the President. It means that the President
can be removed from his post even before the expiry of his term and this can be done in cases
where he violates the Constitution.

For impeaching a President, a charge can be brought up in either Houses of Parliament and it
should be presented in the form of a proposal which is to be signed by at least 1/4th of the total
members of the house. After the proposal is made, the House votes on it and if it is passed by a
2/3rd majority the other House starts an investigation regarding the violation. If after the
investigation, the house passes the proposal with a 2/3rd majority then it will lead to the
impeachment of the President which means he/she will have to leave his office.

What are the Powers of President?

As the Head of the Executive the President is conferred with a wide variety of powers which are
provided to him by the Constitution. The powers of the President can be classified into several
categories.

Executive Powers
As the Executive Head of the State, the President enjoys many executive powers. All the actions
and decisions of the Government are taken in the name of the President.

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Head of the Armed Forces

Under Article 53, the supreme command of the armed forces of the country is vested in the
President. Thus, the President has the power to declare war with any other country and also the
power to conclude peace. This is done under the regulation of Parliament.

Power to make appointments

The President has the power to appoint many constitutional officers and the members of the
Union Government. They include:

 The Prime Minister

 Chief Justice of India

 Attorney General of India

 Comptroller and Auditor General of India

 Governors of States

 Chairperson of the National Human Rights Commission

 Chief Election Commissioner and other Election Commissioners

 Administrators of Union Territories

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Powers relating to the Council of Ministers
The President has to exercise his Executive powers on the advice of the Council of Ministers so
he is subjected to some limitations in exercising powers. But he has the power to send back the
recommendation of the council for reconsideration. The council may or may not accept such a
recommendation. So, the President while being the Executive head in name, the actual power
resides with the Council of Ministers headed by the Prime Minister.

But despite such limitations, the Prime Minister also has certain duties which he has to fulfil
towards the President and it includes, The duty to communicate all the decisions made by the
council on the administration and legislation of the country, the duty to such information as the
President may demand etc.

Legislative Powers
The President despite being the executive head of the State, also possess many legislative powers
which are important for the legislation of the country.

Assent of the President

For any bill to get the sanction of law, it has to receive the assent of the President. Thus only
when the President gives his assent to a bill which has been passed by both the houses of
Parliament, the bill can become a valid law. This means that the President is an integral part of
the Parliament in India.

The President also possess the power to veto the bill which is presented to him. The veto means
that the President has the power to send the bill back to the Parliament if the President thinks
that some reconsideration should be made in the bill. But if the Parliament sends the bill again
without any changes then the President has to give his assent to the bill.

In some cases, the Bills presented to the Governor by the State Legislature may be reserved by
the Governor for the consideration of the president if that bill is not money bill of the State

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legislature. The President can accept it or tell the Governor to send it back for reconsideration or
he may direct him to not send it back. If the State legislature again sends the bill and the Governor
again reserves the bill for consideration of the President, he is not obliged to accept that bill.

In case of a Money Bill, the previous recommendation of the President is necessary as a result,
the President may either give his assent or withhold it but he cannot send the bill back to the
house for reconsideration.

Power to Summon and Prorogue both the houses

The President has the power to summon either or both the Houses. The President also has the
power to dissolve the House of People in some cases. Prorogue means that the house is
discontinued without dissolving the House. The President also addresses the Houses after the
general elections are concluded.

The President also possesses the power to summon a joint sitting of the house in cases of a
deadlock in which both houses sit together and the conflict is resolved.

Power to Promulgate Ordinance

Under Article 123 of the Constitution, when the Parliament is not in session and there is an
urgency, the President has the power to issue an ordinance and such an ordinance has the force
of law. This ordinance remains valid for six weeks from the date when the Legislature resumes
its session. he effect of the ordinance is the same as the act of Legislature and thus the President
is entrusted with great legislative power.

Nominating Members to Parliament

The President has the power to nominate 2 members of the Anglo-Indian community in the
House of People if he thinks that they are not represented properly. He also the right to nominate
12 members in the Council of States from the field of Arts, Literature, Science, Social Science etc.

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Judicial Powers
The President of India is also provided with some judicial powers which can be exercised by him
by the authority given to him under Article 72 of the Constitution. Under article 72 the President
has the power to give reprieves, pardons, respites, remission and commutation of sentence.

Reprieve means that the sentence of a person can be suspended for a temporary period of time.
In pardons, the person files a mercy petition to the President and it is usually applied for in cases
where the Supreme Court upholds the Capital punishment. If the President grants the pardon,
then the person is relieved of any sentence and becomes free from any punishment. Under
Respite, the person who is held guilty is awarded less punishment while under remission his the
amount of sentence awarded to a person is reduced after it has been awarded by the Court. In
Commutation, the punishment of a person is changed from one to another. For. e.g., if the
President approves the commutation of sentence, then a person who has been awarded Capital
Punishment may instead be awarded life imprisonment.

Power to declare Emergency

Under the Provisions of Article 352, 356 and 350 the president has the power to declare
emergency situation either in the whole territory of India or in any State or part of it.

There are 3 types of Emergency which can be declared by the president:

1. National Emergency (Article 352)

2. State Emergency (Article 356)
3. Financial Emergency (Article 360)

During Emergency, any rights including Fundamental rights except for Article 20 and 21 can be
suspended by the President and the Parliament can also pass a resolution to impose President’s
rule in any State.

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Also, all the Government Contracts made by the Union are made in the name of the President and
in the absence of this requirement being fulfilled, a Government contract cannot be regarded as
valid.

Is the President a Titular head?

From the various positions, it can be seen that the President has been vested with many powers
under the Constitution and all the decisions and actions of the Government are taken in his name.
But while there are many powers which are enjoyed by the president, many of them are in actual
practice, residing with the Council of Ministers which is headed by the Prime Minister.

This position of the President is the same as the King of England and thus the Statement that the
President is the Nominal or Titular Head of the State is true and the Prime Minister is the actual
head.

Conclusion
In India, the President is called the Executive head but he is only a titular head. Even though the
President is given many powers, many of them are not very effective for e.g. even if the president
sends a bill back to the Houses of Parliament for some modifications, the Parliament can resend
it without any modifications and the President is bound to give his assent.

Also, the President does not play an active role in the affairs of the State and the real Executive
power is vested in the Council of Ministers headed by the Prime Minister. So, the Prime Minister
is the real head of the state and the President is the head only in name.

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