POLITICAL SCIENCE

PART B: INDIAN ADMINISTRATION

UNIT- 5 UNION AND STATE ADMINISTRATION

Ques: explain the power and function of the president of India.

SYNOPSIS
 Introduction
 President
 Election of president
 Impeachment of president
 Powers and function
- 1. Executive Powers
- 2. Legislative Powers
- 3. Financial Powers
- 4. Judicial Powers
- 5. Diplomatic Powers
- 6. Military Powers
- 7. Emergency Powers

INTRODUCTION
The Indian President is the head of the state and he is also called the first citizen
of India.
He is a part of Union Executive, provisions of which are dealt with Article 52-
78 including articles related to President (Article 52-62).
Under these articles, information on how a President is elected, his powers and
functions, and also his impeachment process is given.

PRESIDENT
Article 52 of the Indian Constitution provides that there shall be a President of
India.
Thus, the position of the President is provided for in the Constitution. Under
Article 53, the executive powers of the Union are vested in the President and
therefore, he plays an important role in the governance of India.
Although the President has significant authority in principle, in practice he has
little influence. In fact, the President’s responsibilities are equal to those of a
constitutional monarch.
ELECTION OF PRESIDENT
There is no direct election for the Indian President. An electoral college elects
him. The electoral college responsible for President’s elections comprises
elected members of:
1. Lok Sabha and Rajya Sabha
2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry
A candidate has to meet some qualifications to be elected as the president.
Those qualifications of the President are:
1. He should be an Indian Citizen
2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok
Sabha
4. He should not hold any office of profit under the central government,
state government, or any public authority
There are a few conditions for the candidate running for the President’s
elections:
 He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a
member of either of the house, he should vacate the seat on his first day
as President in the office
 He should not hold any office of profit
 Parliament decides his emoluments, allowances and privileges
 Parliament cannot diminish his emoluments and allowances during his
term of office
 He is given immunity from any criminal proceedings, even in respect of
his personal acts.

IMPEACHMENT OF THE PRESIDENT

Article 61 deals especially with the procedure of removing the Indian President.
(1) When a President is to be impeached for violation of the Constitution, the
charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless –
(a) the proposal to prefer such charge is contained in a resolution which has
been moved after at least fourteen days’ notice in writing signed by not less than
one-fourth of the total number of members of the House has been given of their
intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two-thirds of
the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the
other House shall investigate the charge or cause the charge to be investigated
and the President shall have the right to appear and to be represented at such
investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not
less than two-thirds of the total membership of the House by which the charge
was investigated or caused to be investigated, declaring that the charge
preferred against the President has been sustained, such resolution shall have the
effect of removing the President from his office as from the date on which the
resolution is so passed.

POWERS AND FUNCTIONS OF THE 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 and they are:
- 1. Executive Powers
- 2. Legislative Powers
- 3. Financial Powers
- 4. Judicial Powers
- 5. Diplomatic Powers
- 6. Military Powers
- 7. Emergency Powers

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.
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
 Governors of States
 Chief Election Commissioner and other Election Commissioners
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.

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.
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.
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.
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.

FINANCIAL POWERS
He has control over the Contingency Fund of India to meet unforeseen expenses
like flood, drought, war etc.
 His prior recommendation is a must in the introduction of the money bill
and financial bill in the Parliament.
 His recommendation is a prerequisite to make a demand for grants.
  The President of India constitutes the Finance Commission after every
five years.
 He also places before the Parliament the report of Comptroller and
Auditor General relating to the accounts of the Government of India and
recommendations made by the Finance Commission.

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 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.

DIPLOMATIC POWERS
International Treaties and agreements that are approved by the Parliament are
negotiated and concluded in the name of the President.
 He is the representative of India in international forums and affairs.
 He sends and receives ambassadors and other diplomatic representatives.

MILITARY POWER
He is the Supreme Commander of the Armed Forces.
 He has the power to declare war and peace but his military power is
subject to the regulation of law.
 He appoints Chief of the Army, Chief of the Navy and Chief of the Air
Force.
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.