The President – Powers and Functions

Article 52 of our Constitution provides that there shall be a president of our democratic country. The
President of India is the executive head of India, the ceremonial head of the country and is also
called the first citizen of India.

In article 53 of the constitution of India, it is provided that all the executed powers of the Unions are
vested to the President. He can use these powers directly and indirectly.

The Process To Elect The President

The process to elect the president is laid down under Article 54 of the constitution. Composition of
Electoral College

The composition is made up of the elected members of:

1. The upper house (Rajya Sabha) of the parliament of India.

2. Lower of House (Lok Sabha) of Parliament of India.

3. Each states legislative assembly (the lower house of the state assembly of each state)

4. Union territory possessing its legislative assembly.

It should be noted that if there is any dispute arising related to the election of the president, the
decision given by the Supreme Court of India will be the final.

Powers Of The President Of India

The major duty of the President of India is to protect the Constitution of India. This is part of his oath
under article 60 of the Constitution of India. All the powers are also given under the Constitution of
India.

Legislative Power Of The President Of India

1. It is the president of India who summons Loksabha and Rajya Sabha and prorogues them.

2. He has the power to dissolve the Lok Sabha

3. The president of India asks the ruling party to prove their majority.

4. He can pass the order for re-election

5. After the general elections, the President of India gives his welcome speech

6. He can also address the first session of every year

7. The President of India can nominate two Anglo Indians in Lok Sabha.
 8. He has the power to nominate 12 seats in Rajya Sabha for the persons who belong to art,
science, literature etc

9. The prior recommendation of the President of India is necessary for the money bill and state
recognition bill.

10. He has the right to suggest changes in the bill passed by the parliament.

Executive Powers Of The President Of India

1. The President of India is the nominal head of India

2. The Government of India do every work on the name of the President of India

3. He is the prime minister of India.

4. The Attorney General of India is appointed by the president.

5. He appoints the Comptroller Auditor General, UPSC members, Finance Commission

members

6. The Chief Election Commissioner and all other election commissioners are appointed by the
President of India.

7. Every governor of a state is appointed by the president

8. He has the power to ask the PM and the cabinet about the current work which they are
doing

The Financial Powers Of The President Of India

No money Bill can be introduced without the prior permission of the President of India.

The president of India represents the union budget in the parliament

1. He can introduce a union budget with the help of another person also

2. He has access to the contingency fund

3. The President of India can use the contingency fund in the situation of emergency

4. The President appoints the finance commission after every 5 years which helps the Central
and state government to decide the percentage of revenue between them.

5. The distribution of income tax between centre and state is done by the president with the
advice of the cabinet.

Emergency Powers Of The President Of India

The constitution of India has given exponential powers to the president to deal with unforeseen
conditions and especially with emergencies. There are three types of emergency given in the
Constitution of India.

1. National Emergency (Art. 352) - an emergency due to threat like external aggression, war, or any
armed rebellion to the security of the nation.

2. State emergency (President Rule) (Art. 356) - State emergency due to failure of the Constitution
Machinery in a State.

3. Financial Emergency (Art. 360) - Whenever the financial stability of the country is threatened, the
president can proclaim a financial emergency.

Military Powers Of The President Of India

1. The President of India is known as the supreme commander of the military

2. He appoints the chief of the Indian Army, Indian Navy and Indian Air force.

3. The president can declare war on another country.

4. He can also take the action to stop the war.

But he is required to exercise his supreme power under the law. The Parliament has exclusive power
to regulate or control the exercise of such power.

The Judicial Powers Of The President Of India

1. The chief justice of India is appointed by the president of India.

2. The President appoints the judges of the Supreme Court and high court with the consultation
of the chief justice of India.

3. The President of India can take the advice of the Supreme Court in any case

4. It is not compulsory for the President of India to implement the advice taken by the Supreme
Court.

5. It is the power of the President of India that he can grant pardon, reprieve, respite, or
remission to any accused in any case.

Supreme Commander

It is the power of the president of India that he can declare war as he is the supreme commander of
the Indian armed forces. He can also conclude the treaties related to any situation of war.

All the International treaties and agreements are negotiated and concluded in the name of the
President.
Diplomatic Powers of the President of India

1. He receives ambassadors, High Commissioners, and diplomatic envoys from foreign nations.

2. It is the President of India who sends the diplomats to other countries for representation.

3. Represents India in International Conferences.

4. He has the power of appointing Indian Ambassadors to other countries.

5. All the bilateral and multilateral treaties are entered by the president. However, they must be
approved with a local legislature enacted by the parliament.

Discretionary Powers of The President Of India

The principal role of the president’s discretionary power is to prevent a parliamentary government
from becoming parliamentary anarchy. This discretionary power has been given to the president
under Article 343(2) of the Constitution.

Appointing New Prime Minister

1. He has the power to appoint the New Prime Minister in the case of the death of the Prime
Minister during his period of office. Further his role came into play in numerous scenarios –

2. A Hung Lok Sabha (with no clear majority for a party or coalition)

3. loss of majority as a result of defections

4. claims of competing claims of parties for their ability to form governments, as the situation
arose in 1979, 1990, etc.

Pardoning Powers Of The President Of India

Article 72 of the Constitution of India gives the right to the President to grant the pardon in different
cases.

The power includes:

Commutation, Pardon, Remission, Respite, Reprieve

He has the power to grant the pardon in the following circumstances:

1. when the punishment is for the offence which is against the Union laws

2. in the matter of punishment given by Military Court

3. In the matter of death sentence in any case powers of the president of India

4. In the matter of the mercy petition is filed to commute the death sentence into life
imprisonment under Article 72.
Veto Power Of The President Of India

After passing the Bill from both the houses of the Parliament, the bill comes for the assent of the
President. Now, it is his choice to pass or reject the bill. This is called the veto power of the President
of India.

Ordinance Making Power:

Article 123 deals with the ordinance making power of the President. The President has many
legislative powers and this power is one of them. He promulgates an ordinance on the
recommendation of the union cabinet.

Limitations On The Powers Of The President Of India

1. No bill can be passed without the assent of the President But, if both the houses of
parliament again pass that bill, the President is bound to give his assent for that bill.

2. Also, the approval of proclamations passed by the President of India has to be passed by the
parliament. They become null and void if does not approve by the Parliament.

Landmark Cases:
1. Kesavananda Bharati v. State of Kerala (1973): In this landmark case, the Supreme Court held
that the President's power to grant pardons is not absolute and is subject to judicial review.
2. S. R. Bommai v. Union of India (1994): While not directly related to the President, this case
established important principles regarding the exercise of the President's power to impose
President's Rule under Article 356.
Conclusion:
The President's role as the guardian of the Constitution. The landmark cases have clarified the scope
and limitations of the President's powers, emphasizing the importance of adhering to constitutional
principles and democratic values.