Powers and functions of President of India

Indian system has a cabinet form of government. The president is the

constitutional head of the state like the king or the queen of England. The
president is regarded as the head of the state. Powers that are vested with the
president are actually exercise by the cabinet of ministers. The president is the
common head of all constitutional entities like parliament, judicial branch etc. All
their actions, recommendations and supervisory powers over legislative and
executive powers shall be used accordingly to uphold the provisions that are
mentioned in the constitution.

What do nominal and real head mean?

 The nominal head is the representative of the state.

 The majority of powers of nominal head are purely ceremonial.

Ceremonial power means without real power or influence. It is because the

decisions are actually made by a committee.

 The president of India or mayor of a city is the nominal head.

 The real head is the head of the government and not the country.

 All powers of a real head are genuine and ceremonial.

 The prime minister of a India or chief minister of a state are examples of

real head

Executive powers of the president

As per article 53 of the Indian constitution, the executive power of the country is
vested with the president, and it is exercised either directly by him or through his
subordinate officers. All the businesses relating to the government shall be in his
name. All the international treaties are signed in the name of the president to the
ratification by parliament. The prime minister and the council of ministers of the
cabinet are appointed by the president and businesses are also allocated among
them according to the advice of the prime minister.

In the famous case of Indira Nehru Gandhi v. Raj Narain, the court held that the
President’s decision to dissolve the Lok Sabha for the purpose of fresh elections is
subjected to Judicial Review

Legislative powers of the president

According to articles 78 and 86 of the Indian constitution, the legislative powers

are constitutionally vested with the parliament of which the president is the head
in the lawmaking process. The president has the power to summon, prorogate
and send messages regarding the discussion on various bills in the parliament
houses. The president also has the power to make temporary arrangements in
case of vacancy in the office of speaker or deputy speaker by calling joint sessions.
Every bill becomes a law only after the president gives the assent as per article
111 of the Indian constitution. The president also gives assent for the introduction
of money bills. The president is responsible for providing the report of the union
Public Service Commission, CAG finance Commission and other statutory bodies.

Appointment making powers of the president.

The president is responsible for appointing the following people:

• The chief justice of India and other judges of supreme court and high court

• Chief minister of National Capital Territory of Delhi (Article 239AA5)

• The Comptroller and Auditor General of India

• Chief Election Commissioner and other Election Commissioners

• Chairman and other members of Union Public Service Commission

• Attorney General of India

• Ambassadors and High Commissioners to other countries

• Officers of the All-India Services and other Central Civil Services in Group-A
Military powers of the president

the president of India is the supreme commander of Indian armed forces. Only
they have the right to declare war against any country or conclude peace with any
country on the advice of the Prime Minister and the Council of Ministers at the
union level. All-important treaties are made under the name of the president.

Judicial powers of the president

The primary duty of the president according to article 60 of the Indian

constitution is to preserve protect and defend the constitution of India. The
president appoints the Chief Justice of India and other judges on the advice of the
Chief Justice. The president also has the power to dismiss a judge with two third
votes in two houses of the parliament. The Indian government’s chief legal
advisor attorney general of India is appointed by the president as per article 76
(1). As per article 88 of the Indian constitution the president has the power to ask
the attorney general to attend the parliamentary proceedings and report any
unlawful functioning.

Financial powers of the president

A financial bill can be introduced in the parliament only with the recommendation
of the president. the president has the power to advance out the contingency
fund of India to meet any unanticipated expenses. It is the power of the president
to constitute finance Commission to recommend the distribution of taxes
between the center and the state.

Diplomatic powers of the president

all the international treaties and agreements are negotiated on behalf of

president and these negotiations are carried out by the ministry of external
affairs. The president represents India in international forums where such
function is chiefly ceremonial. The president also has the power to receive and
send diplomats that is officers from Indian foreign service. The president is the
first citizen of the country.
Pardoning powers of the president

This mentioned in article 72 of the Indian constitution and the president has the
power to grant following pardons.

 punishment of offense against union law

 punishment by military court
 death sentence

The pardoning powers of the president are independent of the opinions of Prime
Minister and the members of Lok Sabha. In most of the cases the president
exercises their executive power on the advice of Prime Minister and the cabinet.

Ordinance making power of the president.

Article 123 of the Indian constitution stage that the president of India has the
power 2 issue ordinances when either of two houses of the parliament is not in
session which makes it impossible for any single house to pass the bill. Ordinances
are passed under following conditions:

 when the legislature is not in session

 when immediate action is required in any situation

It is subjected to judicial review. It is issued by the president on advice of cabinet.

In case of RC copper versus union of India, the 25th amendment of the Indian
constitution was challenged that curtailed the right to property as a fundamental
right and permitted the acquisition of land by government for public use And the
payment as compensation of which is not determined by the parliament. The
apex court in this case while examining the constitutionality of banking
companies’ ordinance of 1969 which had sought to nationalize 14 commercial
banks in India, it was held that the president's decision can be challenged on the
ground of no immediate action that was required on his part.

In case of AK Roy versus union of India, Supreme Court by examining the

constitutionality of national security ordinance of 1980 provided that for
preventive detention in certain cases, the Supreme Court argued that the
president's power to make ordinances is beyond the judicial review of the court.

Emergency powers of the president

National emergency

Under article 352 of the Indian constitution, the president has the power to
declare emergency on the request of cabinet ministers headed by Prime Minister.
National emergency is declared in whole of India or any part in cases of external
war or armed rebellion. The first emergency was declared in 1962 in times of
Indo-China war. Second emergency was declared during the time of Indo-Pakistan
war in 1971 and the third national emergency was declared between 1975 and
1977 by Indira Gandhi. In case of national emergency, the fundamental rights of
Indian citizens can be suspended.

State emergency

It is also known as the president's rule.

If the president is not fully satisfied on the basis of reports given by governors
regarding any concerned state the president has the power 2 declare state
emergency in that particular state according to article 356 of the Indian
constitution and state emergency is imposed for six months to a maximum period
of three years. If the emergency needs to be extended more than three years this
can be achieved by any constitutional amendment like that happened in Jammu
Kashmir and Punjab. State emergency can be imposed via following:

 Article 356-if the state failed to run constitutionally then emergency can be
imposed in such provision which is known as president's rule.
 Article 365 if the state is not working according to the directions of the
union government, then the president can impose emergency.

In SR Bommai case of 1994 the Supreme Court had clarified the limit of the
president’s power to dismiss state government under article 356.
Financial emergency

Article 282 of the Indian constitution accords financial autonomy in their spending
of financial resources available with the state. Article 293 gives the liberty to the
states to borrow without any limit to its ability to meet the requirements of the
particular territory. However, if the financial stability of a particular territory is
under threat, the president has the power to proclaim financial emergency as per
article 360 of the constitution. Until now no guidelines defining the situation of
financial emergency has been into picture.

How is the power of president of India different from the power of President of
USA?

The president of India holds an important role as the head of the state. However,
the powers of the president are limited when compared to the president of
United States. The president of the United States serves as both the head of the
state and head of the government. In the US, power vests in the hands of the
president. However, in India, the real power is vested with the hands of the Prime
Minister and the Council of Ministers. In the US, the president is the significant
executive authority and has direct accountability to the people, whereas such a
duty is not bound with the president of India.

Functions of the president

 Appointment of governors of state, judges of Supreme Court and High

court, Auditor General of India and other officials

 Appointment of Prime Minister and other Council of Ministers

 Summoning and addressing the parliament

 Nomination of number of members of both houses

 Commands the armed forces of India.