"The Presidential Powers and Responsibilities"

Submitted By,
Monika M,
B.B.A.LL.B - 2nd YEAR
03FL21BBL036

INTRODUCTION

In this paper the main focus is on the Powers of the President.The powers of a president vary
depending on the country and its constitution, but generally, the president holds significant
executive, legislative, judiciary, diplomatic, financial, veto, emergency and military powers. As
the head of state, the president represents the country in official ceremonies and events, and as
the commander-in-chief, the president often has control over the country's armed forces. The
president may also have the power to execute or enforce laws, propose or veto legislation,
negotiate treaties, pardon or commute sentences, and declare a state of emergency in times of
crisis.

The importance of presidential powers in a democratic government lies in the ability to carry out
the duties of the executive branch efficiently and effectively. The president's powers enable them
to enforce laws, manage foreign relations, and protect the country during times of crisis.
However, these powers also come with the responsibility to respect the separation of powers and
checks and balances inherent in a democratic system. The president must be accountable to the
legislature and the judiciary to ensure that their powers are exercised in a manner consistent with
the rule of law and democratic values.

According to Article 60 of the Indian Constitution, the President's main responsibility is to

preserve, defend, and preserve the country's legal system and constitution1. All autonomous
constitutional institutions share the office of the President as their common head. In order to
1
The Constitution of India - India Code.
https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf.
respect the constitution, he must employ all of his acts, recommendations (Article 3, Article 111,
Article 274, etc.), and supervisory powers (Article 74(2), Article 78c, Article 108, Article 111,
etc.) over the Indian executive and legislative branches. The President's acts can be contested in
court without any restrictions.

The Head of State of India is the President. Cabinet government is the style of governance used
in India. Therefore, the Indian President is a constitutional head like the King or Queen of
Britain; all executive functions, though practically exercised and carried out by the cabinet, are
constitutionally vested in him.2

The origins of presidential powers can be traced back to the formation of modern democratic
governments in the 18th and 19th centuries. The US Constitution, for example, established the
executive branch with significant powers vested in the president, such as the power to veto
legislation and serve as commander-in-chief of the armed forces. Other democratic countries,
such as France and Germany, have similar executive powers vested in their presidents.
The powers of a president are critical to ensuring the smooth functioning of a democratic
government. However, the balance of power between the executive, legislative, and judicial
branches must be carefully maintained to prevent abuses of power and protect the fundamental
rights of citizens.

Research Objectives: The Research objectives for this article are as follows:
1)To identify and analyze the types of presidential powers.
2)Examine the evolution of presidential powers.
3)Investigate the impact of presidential powers on democracy.

Research Methodology: I have chosen to design and organize the research entirely according to
doctrinal research which includes both the primary and the secondary sources of data, also used
articles and reports,and gathered information by governments official websites, journals.
2
“Optional-Political-Science-Part-3.Pdf - Dream Dare Win Www.jeywin.com Political Science Prelims 1.
Party System & Political Process: Theories of Party: Course Hero.” Optional-Political-Science-Part-3.Pdf -
Dream Dare Win http://www.jeywin.com/wp-content/uploads/2010/03/Optional-Political-Science-Part-3.pdf
POLITICAL SCIENCE PRELIMS 1. PARTY SYSTEM & POLITICAL PROCESS: Theories of Party |
Course Hero, https://www.coursehero.com/file/76367789/Optional-Political-Science-Part-3pdf/.
HISTORY

Since India's independence in 1947, the President's powers have changed throughout time. The
President of India is the ceremonial head of state and only has very minimal executive authority.
The President does, however, have a number of significant powers under the Indian Constitution,
including the authority to nominate the Prime Minister, dissolve the Parliament, and sign
legislation into law.

Over the years, many constitutional modifications have increased and altered the president's
authority in India. For instance, the 44th Amendment Act of 1978 limited this power by
requiring the President to obtain the approval of the Parliament before declaring an emergency,
whereas the 42nd Amendment Act of 1976 gave the President the authority to declare a national
emergency in the event of a threat to the country's security.

The National Commission for Scheduled Castes and Scheduled Tribes was established by the
91st Amendment Act of 2003, which also marked a considerable expansion of the President's
authority.3 To guarantee that the rights of these communities are upheld, the President has the
authority to nominate the commission's members.

Similar to other nations, India has expanded its presidential powers for the same reasons. One of
the main causes is the requirement for a powerful executive leader to steer the nation's diverse
and intricate political terrain. Additionally, outside forces like war or an economic catastrophe
can call for a robust executive reaction, which might result in an increase in the president's
authority.

The rise of the federal government and the requirement for strong executive leadership to
oversee its numerous departments and agencies is another factor contributing to the increase of
the presidential powers in India. As a result, new executive offices were established, giving the

3
National Portal of India,
https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-eighty-ninth-am
endment-act-2003
president more authority over how the government operates. Examples include the National
Security Council and the Office of the President.

Constitutional revisions and alterations to the political and social climate have allowed the
President's powers in India to shift over time. The need for strong executive leadership as well as
external causes like war or economic crises are what motivate the growth of presidential powers.
To avoid abuses of power and safeguard citizens' rights, it is crucial to preserve a balance of
power between the executive, legislative, and judicial departments.4

Executive Powers of President

1.Executive head of the union: Article 53 of the Indian Constitution states that the executive
power of the Union (i.e., the central government) shall be vested in the President of India. This
means that the President has the power to carry out the functions of the central government either
directly or through subordinate officers, as provided for in the Constitution. The President's
exercise of this power is subject to the Constitution and other laws and can be reviewed by the
courts to ensure that it is in conformity with these provisions. In the case of Ram Jawaya Kapur
v. State of Punjab (1955)5 it was held that it is residuary power left after the judiciary and the
legislative power. The Supreme court reiterated that the executive head of the nation is the
president, but the real powers are vested with the council of ministers. Shamsher Singh v. State
of Punjab (1974)6 is a landmark case in Indian constitutional law, Whenever the constitution
requires the satisfaction of the president it's not their personal satisfaction but it’s the satisfaction
of the council of the ministers who aid and advise the president generally.

2.Executive actions of the government taken in the name of the president : Article 77(1) of the
Indian constitution deals with All executive actions of the Government of India shall be
expressed to be taken in the name of the President. In the case of S.P. Gupta v. President of
India (1981)7 The Supreme Court of India held that the President is not a mere rubber stamp and

4
“The Evolution of the Presidency.” Ushistory.org, Independence Hall
Association,https://www.ushistory.org/gov/7a.asp
5
Ram Jawaya Kapur v. State of Punjab, (AIR 1955 SC 549).
6
Shamsher Singh v. State of Punjab,(AIR 1974 SC 2192).
7
S.P. Gupta v. President of India, (AIR 1982 SC 149).
has the power to question and even refuse to give assent to executive actions that are
unconstitutional or violate the provisions of the Constitution.

3.Appointments : The Appointment of the Attorney General for India is governed by Article 76
of the Indian Constitution.The Attorney General is appointed by the President of India and holds
office during the pleasure of the President. The President can remove the Attorney General from
office at any time, although this power is rarely exercised, The Governor of a State shall be
appointed by the President by warrant under his hand and seal under article 155 of the Indian
Constitution, The Chief Justice of India and the Judges of the Supreme Court are appointed by
the President under 124(2) of the Constitution.8

4.Commander in Chief : As head of State, the President is the ultimate Commander of the Indian
Armed Forces and has the power to declare war or sign treaties.

Legislative Powers of President

1.Power to promulgate ordinances : According to the Article 123 of The Indian Constitution, the
President has the authority to enact laws on any matter that the Parliament is authorized to
regulate. The duration of the ordinance's application is a maximum of six months and six
weeks.In the case of D.C. Wadhwa v. State of Bihar (1987)The Supreme Court held that the
power to promulgate ordinances is a legislative power and should be used only in extraordinary
circumstances when the Parliament is not in session, and the circumstances require immediate
action.9 Rameshwar Prasad and others v. Union of India,(2006) -The Supreme Court held that
the President's power to promulgate ordinances is not an absolute power, and it is subject to
judicial review. The Court also stated that the ordinance-making power should be used only in
exceptional circumstances.10

2.Power of president to Summon , Prorogue , and Dissolve the house:

Under article 85 of the Indian Constitution,The President shall summon each House of
Parliament to meet at such time and place as he thinks fit, but there shall not be a gap of more

8
Supranote1
9
D.C. Wadhwa v. State of Bihar, AIR 1987 SC 579
10
Rameshwar Prasad and others v. Union of India, AIR 2006 SC 2113
than six months between the two sessions,The President may also prorogue the Houses or
dissolve the House of the People (Lok Sabha),The House of the People (Lok Sabha) shall be
summoned to meet within six months from the date of its last sitting,The Rajya Sabha shall be
summoned to meet twice every year, with a gap of not more than six months between its two
sessions,substituted by the constitution(first amendment)Act,1951, S.6,for Art 85.11
"Adjournment sine die" is a Latin term used in parliamentary procedure that means
adjournment without a specific date being set for the next meeting. It is a final adjournment of a
session of a legislative body, such as the Parliament, after which no more meetings are scheduled
until a new session is convened.12

3.President summons joint-sitting: under article 108 of the Indian Constitution,provides for the
joint sitting of both Houses of Parliament when there is a disagreement between them on a
particular bill. If a bill has been passed by one House but is rejected or amended by the other
House, the President may summon a joint sitting of both Houses to resolve the disagreement.The
decision to summon a joint sitting is taken by the President, who acts on the advice of the
Cabinet. The President issues a notification for the joint sitting, and the Speaker of the Lok
Sabha presides over the joint sitting.During the joint sitting, members of both Houses participate
and vote on the bill. The bill is passed by a simple majority of the total number of members
present and voting. If the bill is passed by the joint sitting, it is considered as passed by both
Houses. However, if the bill is not passed in the joint sitting, it is considered as defeated, and no
further action can be taken on it.in the case of TMA Pai Foundation v. State of Karnataka
(AIR 2003 SC 355): This case dealt with the constitutionality of the Central Educational
Institutions (Reservation in Admission) Act, 2006, which was passed after a joint sitting of
Parliament was summoned by the President under Article 108. The Supreme Court upheld the
validity of the Act and held that the President can summon a joint sitting of both Houses of
Parliament to resolve a deadlock over a bill.
11
Supranote1
12
“LG Flags 'Procedural Lapses' in Summoning of Delhi Assembly's One-Day Session on Monday.” The
Economic Times,
https://economictimes.indiatimes.com/news/politics-and-nation/lg-flags-procedural-lapses-in-summoning-
of-delhi-assemblys-one-day-session-on-monday/articleshow/99537977.cms?from=mdr
4.The President may nominate two Anglo-Indian community members for the Lok Sabha under
the Article 331 of the Indian constitution.Recently, the Union Cabinet gave its approval to end
the Anglo-Indian reservation in legislative bodies.The 95th Amendment of 2009 prolonged the
Anglo-Indian community's reserve until the year 2020. This clause was originally intended to be
in effect until 1960.

Judicial powers of president

1.Pardoning power : Article 72 of the Indian Constitution gives the President the power to grant
pardons, reprieves, respites, or remissions of punishment to any person convicted of an offense.
pardon is the complete forgiveness of the offense, while respite and reprieve are temporary
suspensions of the sentence.13 Commutation involves the replacement of a more severe
punishment with a less severe one, while remission is the reduction of the period of sentence
without changing the nature of the sentence itself.This power can be exercised in all cases where
the punishment or sentence is by a court martial, for an offense against any law relating to a
matter to which the executive power of the Union extends, or in all cases where the sentence is a
sentence of death. The exercise of this power is subject to judicial review, and the courts can
examine the validity of the grounds on which the power is exercised.Kehar Singh v. Union of
India(1989)14 In this case it was held that pardon is the act of grace and cannot be demanded as a
matter of right.President cannot be asked to give reasons for his order. It also reiterated the case
of State of Haryana v. Jagdish (2010)15 The power to grant remission under Article 72 is
absolute.Epuru Sudhakar v Government of Andhra Pradesh(2000)16In this case it was held
that the pardoning power is subject to judicial review on the limited grounds like non application
of minds,malafide,arbitrariness,irrelevant consideration etc, pardoning power cannot be
exercised arbitrarily.

2.Appointment of Chief justice of India: According to Article 126, Appointment of chief justice
or any other judges is done by the president may appoint for the purpose.

13
SupraNote 1
14
Kehar Singh v. Union of India,(1989) 1 SCC 204.
15
State of Haryana v. Jagdish,(2010) 15 SCC 186.
16
Epuru Sudhakar v Government of Andhra Pradesh, (2006) 8 SCC 487.
3.Reference power : Article 143 of the Indian constitution deals with President can take advice
from the Supreme Court however it is not binding on him.However,the Supreme court is not
bound to answer when president asks advices.In the case of In Re: The Kerala Education Bill,
1957(1959)17 In this case, the President referred a question to the Supreme Court regarding the
constitutional validity of a bill passed by the Kerala Legislature. The Court's opinion, which
struck down the bill as being in violation of the right to religious freedom, has been cited in
numerous subsequent cases involving the rights of religious minorities in India.

Financial powers of president

1. Introduction of Money bill (Art 110) and Financial bill (Art 117) president recommendation is
necessary, assent of bills is must under the Article 111.In the case of Raja Ram Pal v. Hon'ble
Speaker, Lok Sabha (2007)18 The Supreme Court held that the President has the power to return
a money bill for reconsideration by the Parliament. However, the President must exercise this
power within 14 days of receiving the bill. If the President fails to do so, the bill is deemed to
have been passed.

2.Article 267(1) of Indian constitution deals with contingency funds that are under the control of
the president.The President of India has access to the fund, which is intended to be used for
unanticipated and urgent costs that cannot be delayed.The President is given access to the
Contingency Fund and has authority over it. To cover any unexpected expenses, the President
may make advances from the fund. However, the Parliament must accept such advancements
within a six-month window.

3.President constitutes finance minister every 5 years:The President of India appoints the
Finance Commission, a constitutional body, every five years. The role of recommending how
taxes should be split between the federal government and the state governments, as well as
between the state governments themselves, falls on the Finance Commission.When distributing
money from the Consolidated Fund of India to the several states, the President takes the

17
In Re: The Kerala Education Bill,(1959) SCR 995.
18
Raja Ram Pal v. Hon'ble Speaker, Lok Sabha,(2007) 3 SCC 184.
recommendations of the Finance Commission into consideration. The Finance Commission also
offers advice on additional issues pertaining to the finances of the federal and state governments,
such as grants to local organizations, debt reduction, and fiscal restraint.According to Article 280
of the Indian Constitution, the Finance Commission must be established.

4.President causes the Union Budget to be laid before the Parliament:The Minister of Finance of
India delivers the Union Budget to the Parliament. The Prime Minister of India appoints the
minister of finance, who is in charge of overseeing the nation's overall financial management.
The Indian Constitution's Article 112 mandates that the Union Budget be presented to Parliament
at the start of each fiscal year. The Lok Sabha, the Parliament's lower house, receives the budget
from the Minister of Finance. The Parliament's members then discuss and vote on the budget.

Military powers of president

According Article 53(2) to the Indian Constitution19, the President of India is the Indian Armed
Forces' Supreme Commander, which includes the Army, Navy, and Air Force. The President is in
charge of overall command and control of the armed forces and occupies the highest rank in the
military hierarchy.

The Chiefs of Army Staff, Naval Staff, and Air Staff, who are in charge of the management,
instruction, and deployment of their respective forces, are in charge of the day-to-day operational
control of the armed forces even though the President is the Supreme Commander. On the advice
of the Cabinet, the President appoints the chiefs of staff.

Through the Ministry of Defence, which is led by the Minister of Defence, the President
exercises his or her military authority. The Ministry of Defence is in charge of developing
general policies and organizing and carrying out defense-related tasks, Also declares war
concludes peace.

19
The Constitution of India - India Code.
https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf.
Emergency powers of president

Part XVIII of the Indian constitution containing articles 352 to 360 lays down the provisions
relating to emergency powers of the president. Emergency may be proclaimed under three heads
as follows:

i) National Emergency (Article 352)

ii) State Emergency or failure of constitutional machinery or president's rule in states
(Article 356)
iii) Financial Emergency (Article 360)

i) National Emergency (Article 352)

A National Emergency can be declared by the President of India under Article 352 of the
Constitution of India, in case of a threat to the security of India, or any part thereof, due to war,
external aggression, or armed rebellion.

The Kargil War (1999)20 In 1999, during the Kargil War between India and Pakistan, a limited
National Emergency was declared under Article 352, which was in force until the end of the war.
The COVID-19 Pandemic (2020) In March 2020, a nationwide lockdown was imposed in India
to contain the spread of COVID-19. The lockdown was implemented under the provisions of the
Disaster Management Act, 2005, but some commentators suggested that it was akin to a National
Emergency.

ii) President's Rule (Article 356)

President's Rule is the suspension of a state government and imposition of direct rule by the
President of India, usually following the failure of the constitutional machinery in a state.
The Supreme Court established the rules to be followed for establishing President's Rule in a
state in S.R. Bommai v. Union of India (1994)21, a precedent-setting decision. The Governor's
report on the breakdown of the constitutional machinery must be founded on factual information,
according to the Court, and it must be subject to judicial review. The Court further ruled that the

20
“Kargil War.” Encyclopædia Britannica, Encyclopædia Britannica, Inc.,
https://www.britannica.com/event/Kargil-War
21
SupraNote 16
President's Rule proclamation needed to be authorized by both Houses of Parliament within two
months or it would expire.

iii) Financial Emergency (Article 360)

Article 360 of the Constitution of India provides for the declaration of a Financial Emergency in
India by the President of India, in case of a threat to the financial stability or credit of India or
any part thereof.

The 1991 Economic Crisis India faced a severe balance of payments crisis, which forced the
government to undertake several economic reforms. Although a Financial Emergency was not
formally declared, the government invoked emergency powers under various laws to implement
these reforms.22

Veto powers of president

According to Article 111 of the Indian Constitution, after a Bill is enacted by both Houses of
Parliament, it is then brought to the President of India for final approval.The power of the
president to refuse the approval of the bill is termed as the veto power.There are 4 types of veto
power which are as follows:
a)Absolute Veto
b)Suspensive Veto
c)Pocket Veto

a)Absolute Veto: When the president withholds the assent of the bill passed by the legislature is
called absolute veto.It was used twice by the Indian President In the year 1954 it was exercised
by Dr.Rajendra Prasad for ‘PEPSU’(Patiala and East Punjab States Union) appropriation of bill,
in the year 1991 R Ventataraman exercised in Salary,Allowances and Pensions of MP
(Amendment bill).23

22
Budget 1991-92 Speech of - Indiabudget.gov.in.
https://www.indiabudget.gov.in/doc/bspeech/bs199192.pdf
23
“Dr. Rajendra Prasad.” Dr. Rajendra Prasad | District Siwan, Government Of Bihar | India,
https://siwan.nic.in/dr-rajendra-prasad/
b)Suspensive Veto:When the president returns the bill for reconsideration of the Parliament and
repasses the bill with the simple majority is termed as Suspensive Veto.This veto cannot be used
in case of Money Bills.

c)Pocket Veto:When the president takes no action on the bill passed by the legislature it is termed
as Pocket Veto.In 1986 Giani zail singh exercised pocket veto in the Indian Post
Office(Amendment) bill.24
President cannot exercised veto power in the case of a Constitutional Amendment Bill (24th
Constitutional Amendment,1971)

Diplomatic powers of president

All foreign treaties and agreements are negotiated and signed on the president's behalf. In
practice, however, such discussions are normally carried out by the prime minister and their
Cabinet (particularly the Minister of External Affairs).In president name, international treaties
and accords that have been approved by the Parliament are negotiated and signed.The president
may have the power to negotiate treaties and conduct foreign relations on behalf of the
country.The President is the representative of India in the international forums and affairs.The
president has immunity of the Article 253, Also the president represents the sovereignty of the
country.

Conclusion

A president's powers can have a considerable impact on how a country's political system
operates. A president's powers can vary greatly depending on the country's political structure. In
parliamentary democracies, for example, the position of the president is largely restricted to
ceremonial tasks, whereas in presidential systems, presidents may have significant executive
authority.

24
Bhattacharya, Shubhabrata. “The President Who Used 'Pocket Veto' to Stall Legislation He
Didn't Agree With.” The Sunday Guardian Live, 19 June 2022,
https://sundayguardianlive.com/news/president-used-pocket-veto-stall-legislation-didnt-agree
Regardless of the specific powers allocated to a president, a well-functioning system of checks
and balances is essential to preventing abuse of power. Too much power concentrated in one arm
of government can lead to corruption, authoritarianism, and the deterioration of democracy.

There are several ways to implement checks and balances, including the rule of law, a free press,
an empowered legislature, and an independent judiciary. Together, these structures make
guarantees that no one entity or branch of government has excessive power. These mechanisms,
when correctly balanced, guarantee that all individuals' rights and freedoms are respected and
that choices are made in a fair, transparent, and accountable manner.

The judicial system is one of the most important balances on presidential power. The judiciary
offers a neutral setting for settling conflicts and upholding the law. For instance, the Supreme
Court of the United States has the authority to determine whether legislation passed by Congress
is constitutional and to invalidate any that do so.

An active press is a crucial safeguard against presidential power. A free press serves as a
watchdog by looking into and revealing corruption and abuses of power. By doing this, the
media contributes to the accountability of elected officials and the public's knowledge of
governmental acts.To avoid an undue concentration of power in one person's hands, the
president's authority should be constrained. An effective system of checks and balances can help
with this.

In Conclusion, the President's authority can vary greatly depending on the nation's political
structure. No matter how much power a president has, it is essential to have a system of checks
and balances in place to stop abuses of authority. This comprises the rule of law, a free press, a
strong legislature, and an impartial judiciary. To maintain democracy and safeguard all citizens'
rights and liberties, a working system of checks and balances is necessary.