Q.Discuss in details the position and powers of the president of india?

Powers and Position of President of India

In Indian Parliamentary practice, the President is the nominal executive or a Constitutional ruler. He is the head of the
nation, but does not govern the nation. Our Union Council of Ministers headed by the Prime Minister is the real
executive. And the President rules the country on the advice of the Prime Minister and his colleagues.
Powers: We shall now discuss in details, the powers and functions of the President of India in the light of the above
discussion. The powers and the functions of the President of India may be classified under five heads, viz., and
executive, legislative, financial, judicial and emergency.

A. Executive Power: The President of India is the head of the executive of the Union Government.
Therefore, all executive powers are vested in the hands of the President. He can exercise these powers
either directly or through the subordinate officers.

1. According to the Constitution of India, all executive action is also taken in his name. The President appoints
the Governors of the States, the Judges of the Supreme Court and High Courts of the States. The Prime
Minister of India is appointed by the President. The President also appoints other Ministers in consultation
with the Prime Minister.
2. The Constitution of India empowers the President to appoint the important officers of the Union Government
including the Attorney-General for India, the Comptroller and Auditor-General of India, the Chairman of the
Finance Commission, the Election Commissioners etc.
3. The President is responsible for the administration of the Union Territories. For this reason, he appoints
Chief Commissioners and Lieutenant Governors of the centrally administered areas.
4. The President has been empowered to set up a Commission for the settlement of disputes relating to the
supply of water between two or more States.
5. Moreover, the Constitution has authorized the President to establish an Inter-State Council to enquire into
disputes that may arise between, the States as well as to discuss the matters of the common interests
between the Union and the States.
6. The President alone can remove the Council of Ministers, the Governors of States and the Attorney-General
for India.
7. The President of India is Supreme Commander-in-Chief of the Army, Navy and the Air Force of the Union.
He has the power to declare war.
8. The President also enjoys the diplomatic power. He appoints the diplomatic representatives of India to the
foreign States. He also receives the credential letters of the diplomatic representatives of other States.
9. The President represents India in international affairs. He has the power to conclude treaties with foreign
States.
B. Legislative Powers: The President of India also enjoys legislative powers. He is an integral part of Indian
Parliament. Parliament consists of the President and two Houses—the House of the people (Lok Sabha) and the
Council of States (Rajya Sabha).

1. The President has the power of to summon and prorogue both the House of Parliament. He can also
dissolve the House of the People before the expiry of its term.
2. The Constitution of India empowers the President to deliver an address to the Parliament at the
commencement of the first session every year. He may also send messages to Parliament.
3. The President nominates two members to the Lok Sabha from the Anglo-Indian Community and twelve
members to the Rajya Sabha from among the persons who have acquired special knowledge in art,
science, literature and social service.
4. In India, a public bill cannot become an act without the assent of the President. A bill passed by the Union
Parliament is sent to the President for his assent. The President may give his assent to the bill or may
withhold his assent from the bill or he may return the bill to Parliament for its reconsideration. If the bill is
again passed by both Houses of Parliament, the President shall have to give his assent.
5. When the Parliament is not in session, the President may issue an ordinance. It has the same force as the
law or Parliament. But it must be placed before the Parliament when it again assembles. If it is then
approved by both the Houses of Parliament, it will cease to operate after six weeks of the date of meeting
of Parliament. And the President can call a joint session of both Houses of Parliament to resolve a
constitutional deadlock over a public bill.
C. Judicial Powers: The President of India grants, pardons, reprieves or remissions of punishment to any
person who has been convicted by a Court of Law.
D. Emergency Powers: The President of India exercises extra-ordinary powers in times of emergency. The three
kind of Emergency situations are:
1. Emergency due to armed rebellion or external aggression;
2. Emergency arising from the breakdown of constitutional machinery in a State;
3. Financial Emergency.
E. Financial Powers: The President of India also exercises financial powers. No money bill can be
introduced in Parliament without the recommendations of the President.
1. According to the Constitution of India, the Annual Financial Statement is placed by the President
before both the Houses of Parliament. This statement shows the estimates of revenue and
expenditure of the central Government for the next year.
2. It may be pointed out that the proposal for taxation and expenditure cannot be made without the
approval of the President.

Proclamation of National Emergency by the President of India:

The President of India may issue a Proclamation of National Emergency when the security of India or any part
thereof is threatened by war, armed rebellion or external aggression. Such a Proclamation of Emergency may
remain in force for an indefinite period. During a Proclamation of National Emergency, the executive power of the
States is to be exercised in accordance with the directions given by the Central Government. Parliament has the
power to make laws on the subjects enumerated in the State List. The right to freedom of speech and expression,
freedom to form association, freedom to practice and profession, etc., embodied in Article 19 shall remain
suspended.
Failure of State Constitutional Machinery: In Case of failure of Constitutional machinery in a State, the President of
India is authorized to make a Proclamation to that effect. The maximum duration of this type of emergency is three
(3) years. During such an emergency, the President may assume to himself the executive powers of the State. The
powers of the legislatures of the State are to be exercised by the Union Parliament.
Proclamation of Financial Emergency by the President: The President may also issue a Proclamation of Financial
Emergency if he is satisfied that the financial stability of India is threatened. This type of emergency may continue
to remain in force for an indefinite period. The Central Government may give directions to the States for canons of
financial propriety. All money-bills passed by the State Legislatures are to be reserved for the consideration of the
President.

Position: Thus the President of India has been given wide and far-reaching powers which he enjoys both during normal
and emergency times. But after the passing of the Constitution Forty-Second (1976) and Forty-Fourth (1978)
Amendment Acts, the President of our Republic has become a Constitutional figurehead and nothing beyond that.
Today, President’s position is one of great authority and dignity, but at the same time strictly constitutional. Thus the
President is bound in every case to act on the advice of his Prime Minister and other Ministers who are responsible to
the Lok Sabha and responsive to the public opinion. In short, the powers really reside in the Ministry and the Parliament
and not in the President as such. He has no discretion in our Parliamentary system of government. The Supreme Court
through various decisions has upheld the position that the President is a constitutional head and as such he is as much
bound by the advice of his Ministers during emergency as during normal times. For example, the President can declare
a proclamation of the National Emergency (Article 352) only after receiving a written communication of the decision of
the Union Cabinet. If the President abuses his powers, he can be removed from office by a process of impeachment. It
does not, however, mean that the President of India is a magnificent cipher or a mere rubber stamp. Unlike the British
Monarchy which is hereditary, the President of our Republic is an elected Head of the State. In our coalition politics,
there are some grey areas where the President may still have to use his own judgment and wisdom. These are:
• Appointment of the Prime Minister,
• Dismissal of the Union Ministry, • Dissolution of the Lok Sabha, and,
• Seeking information on all matters of administration and legislation from the Prime Minister etc.
In some such situations, the role of our President may become most crucial and decisive. However, the
President has to be free from all political affiliations. He is expected to act with complete constitutional rectitude
and impartiality. The nation is expected to be benefitted by his wise leadership and constructive role. In short,
the President of India is the symbol of national unity, magnet of loyalty and apparatus of ceremony.

CASE LAWS- 1.Rao v. Union of India, AIR 1971 ,2. Maganbhai v. UOI, AIR 1969, 3.Madhavrao v UOI AIR 1971

CONCLUSION- Art.52-78 in Part V deal with Union Executives (President, Vice President, PM, Council of
Ministers & Attorney General of India) President is the head of the state and first citizen of India and acts as
symbol of unity, integrity and solidarity of the nation.
Q.What are the Federal features of the Indian Constitution ?
INTRODUCTION- The “Separation of Powers” idea is observed by these types of governments. India operates on the
premise of a two-tiered government, with the central government and state governments sharing power. The Indian
constitution, which envisions a parliamentary system of government, is federal in structure and unitary in nature. The
three main branches of the federal government are the legislative, executive, and judicial.
The constitutional law comprises both legal in the strict sense and usages, generally referred to as conventions, which are
acknowledged as binding by all those involved in government even if they are not enacted. Many regulations and practices
aren't part of the law in the sense that breaking them can result in legal action.
The Indian Constitution is regarded to be a federal structure since it provides clear demarcation of boundaries between
the central and state governments, similar to that of the United States. India's legislative and executive powers are shared
between the centre and the states.
Let us describe the main features of Indian federal system.
 Dual Polity: The Constitution creates a dual polity with the Union at the centre and the states at the periphery.
Each is endowed with sovereign powers to be exercised in the different fields entrusted to them by the Constitution.
The Union government is in charge of subjects of national importance such as defence, foreign affairs, currency,
and communication, among others. State governments, on the other hand, are in charge of regional and local
issues such as public order, agriculture, health, and local governance.
 Written Constitution: The Constitution is not only a written document, but it is also the world's longest. It began
with a Preamble, 395 Articles (split into 22 Parts), and 8 Schedules. At the time of writing (2013), it consists of a
Preamble, approximately 465 Articles (split into 25 Parts), and 12 Schedules. It defines the structure, organization,
powers, and functions of the federal and state governments, as well as the boundaries within which they must
work. As a result, misunderstandings and arguments between the two are avoided.
 Division of Powers: In the Seventh Schedule, the Constitution divided powers between the Centre and the states
using the Union List, State List, and Concurrent List. The Union List is made up of 100 subjects (originally 97), the
State List is made up of 61 subjects (originally 66), and the Concurrent List is made up of 52 subjects (originally
47). The Centre and the states can both pass legislation on the subjects on the concurrent list, but in the event of
a conflict, the Central law takes precedence. The Centre receives residuary topics (those that are not specified in
any of the three lists).
 Constitutional Supremacy: The Constitution is the highest (or supreme) law of the land. The laws passed by the
Centre and the states must be consistent with its provisions. Otherwise, they can be ruled null and void by the
Supreme Court or the High Court using their judicial review powers. As a result, the institutions of government
(legislative, executive, and judiciary) at both levels must work within the boundaries established by the
Constitution.
 Rigid Constitution: The separation of powers created by the Constitution, as well as the Constitution's
supremacy, can only be preserved if the system of modification is rigid. As a result, the Constitution is inflexible to
the point that those parts dealing with the federal structure (i.e., Center–state relations and judicial organization)
can only be modified by a joint decision of the Central and state governments. Such regulations necessitate a
special majority in Parliament as well as the consent of half of the state legislatures in order to be amended.
 Independent Judiciary: The Constitution established an independent judiciary led by the Supreme Court for two
purposes: one, to safeguard the supremacy of the Constitution through the exercise of judicial review; and two, to
settle disputes between the Centre and the states or between the states. To make the judiciary independent of
the government, the Constitution includes provisions such as tenure security for judges, defined service conditions,
and so on.
 Bicameralism: The Constitution establishes a bicameral legislature with an Upper House (Rajya Sabha) and a
Lower House (Lok Sabha). The Rajya Sabha represents the states of the Indian Federation, whereas the Lok
Sabha represents the entire population of India. The Rajya Sabha (despite being a weaker chamber) is responsible
for maintaining federal equilibrium by safeguarding state interests against undue interference from the Centre.
Fact to Remember
There is one more important feature of Federalism besides the above written points and that is called "Dual
Citizenship". It means that both the Union and the State have their different citizenship and the best example of
this is the United States of America. But in the case of India, federalism is a little bit different. A kind of quasi
federalism is found here. Dual Citizenship is not part of Indian Federalism.

Conclusion
Thus, in this article we have covered detailed information about federalism. The term "federalism" is said to have
come from the Latin word "foedus," which means "covenant, contract, or treaty." Federalism is a principle that
describes a government structure in which authority is divided between the national and state governments. It is
a two-machine system that governs a country. The central government and numerous state authorities have
different levels of power.
Q.What is the procedure for passing on 'ordinary bill and money bill? distinguish between them?

An Ordinary bill is a bill that has been introduced in the Lower House of Indian Parliament, i.e. Lok Sabha, either
by a minister of the Government or a private Member. Once it is passed by Lok Sabha, it goes to Rajya Sabha for
their approval. A Bill becomes an Ordinary bill after passing it through two readings in Lok Sabha and after getting
its approval from Rajya Sabha. A draft of an Ordinary bill can be introduced in the Lower House of Parliament by a
Minister only if it has already received the assent of the President and the Upper House, i.e. Rajya Sabha before
that i.e., prior to its introduction in Lok Sabha during its current session i.e. Winter session of Parliament.

A Money bill, on the contrary, is a bill that has been passed by Rajya Sabha and sent to Lok Sabha for its
approval. However, in this case, it needs to be sent first to the President instead of Rajya Sabha. Once it has been
received by the President and approved by him, it can be introduced in Lok Sabha during its Winter session i.e.,
after being passed by Rajya Sabha.

Ordinary bills and money bills are two types of bills that can be introduced in the Indian Parliament. The main
difference between ordinary bill and money bill is that money bills can only be introduced in the Lok Sabha. The
ordinary bills can be introduced in either house of Parliament. Ordinary bills deal with matters other than finance.
Money bills deal with financial matters such as taxation, borrowing, and spending.

Difference Between Ordinary Bill And Money Bill

Ordinary Bill Money Bill

Ordinary bills can be introduced in both houses A money bill can only be introduced in the lower house of
of the Parliament that are either Lok the Parliament, the Lok Sabha.
Sabha or Rajya Sabha.
A recommendation of the President is not The Recommendation of the President is mandatory
necessary for the introduction of the ordinary before introducing the money bill in the Lok Sabha.
bill.
Ordinary bills can be introduced either by a The money bill can be introduced only by a Minister of the
government minister or by a private member of government.
the Lok Sabha or the Rajya Sabha.
Suppose the ordinary Bill is first introduced in In the case of the money bill, the approval of the Lok
the Lok Sabha. In that case, the approval of the Sabha speaker is necessary before the money bill is sent
Lok Sabha speaker is not needed before sending from the Lok Sabha to the Rajya Sabha.
the ordinary Bill to the Rajya Sabha.
Ordinary bills can be rejected or amended by the A money bill cannot be amended or rejected by the Rajya
Rajya Sabha. Sabha.
Ordinary Bill has to be passed within 6 months The money bill must be sent from the Rajya Sabha back to
from the date it is introduced in the Rajya Sabha. the Lok Sabha in only 14 days, with or without
recommendations.
Ordinary bill is mandated to be sent to the The money bill is mandatory to receive the approval of the
president for his assent only when the bill is Lok Sabha before it is sent for the President’s assent.
passed by both the houses of the Parliament.
The President can return it for reconsideration, The president has to either accept it or reject it.
accept it or reject it.
When there is a deadlock on an ordinary bill, a When there is a deadlock on a money bill, the constitution
joint sitting of both houses of the Parliament is has no provision of holding a joint sitting.
held. It is presided over by the speaker of the
Lok Sabha.
Conclusion:
Ordinary bills and Money bills are two different kinds of bills in India. Money bill is a type of Important bill in
India. Ordinary bill is a type of draft introduced in the Lower House, i.e., Lok Sabha, by a Minister or a private
Member whereas Money bill is the type of Bill that has been passed by the Rajya Sabha and then sent to Lower
House, i.e., Lok Sabha for its approval after receiving its approval from President of India. An ordinary bill can
be introduced in Lok Sabha only if it has already received the assent of the President and Rajya Sabha before
that.
 1. Attorney General of India
Introduction- Article 76 of the constitution mentions that he/she is the highest law officer of India. As a chief legal
advisor to the government of India, he advises the union government on all legal matters. He also is the primary
lawyer representing Union Government in the Supreme Court of India. The Attorney General, like an Advocate
General of a State, is not supposed to be a political appointee, in spirit, but this is not the case in practice.
Appointment of Attorney General of India
President of India appoints a person who is qualified for the post of Supreme Court Judge. Attorney General
is appointed by the President on the advice of the government. There are the following qualifications:
He should be an Indian Citizen
He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as
an advocate
He may be an eminent jurist too, in the eye of the President
Duties and functions of Attorney General of India
Being the Chief Law Officer of the country, the Attorney General of India has to perform the following duties:
1. Whichever legal matters are referred to him by the President, he advises the Union government upon the same.
2. President keeps on referring him legal matters that suits his interest and Attorney General has to advise on
those too
3. Apart from what President refers, he also performs the duties mentioned in the Constitution
4. The three duties that are assigned to him by the President are:
 In any legal case where the government of India is related to, the Attorney General has to appear in the
Supreme Court on its behalf
 He has to represent the Union Government in any reference made by the president to the Supreme Court under
Article 143 of the Constitution
 He also appears in the High Court if any case is related to the Government of India
Limitations on the Attorney General
To avoid conflict of duty, there are a few limitations that are posted on the Attorney General which he should keep
in mind while performing his duties:
1. He should not advise or hold a brief against the Government of India
2. He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government
of India
3. He should not defend accused persons in criminal prosecutions without the permission of the Government of
India
4. He should not accept appointment as a director in any company or corporation without the permission of the
Government of India.

2. Pro-Tem Speaker
The Legislative Section of Parliament creates a list of the most seasoned Lok Sabha members following a general
election and the establishment of a new administration. The Minister of Parliamentary Affairs receives the list and
submits it together with a letter asking the President to approve the appointment of the interim Speaker.
The Pro-tem Speaker presides over the first meeting following the election during which the Speaker and Deputy
Speaker are chosen by the members of the Parliament. The Deputy Speaker serves in the Speaker’s absence,
and in the event of their absence, a committee of six members chosen by the Speaker will take over as Speaker in
accordance with their order of seniority.

Pro-Tem Speaker Appointment

The President/Governor appoints the pro-tem speaker to preside over meetings of the freshly elected house. The
most senior member of the house is typically the pro-tem speaker.
Pro-Tem speakers play a crucial role in ensuring a smooth transition and the establishment of a new legislative
body. Their neutrality and experience are essential for upholding decorum and conducting the initial proceedings
efficiently.

Pro-Tem Speaker Role and Responsibilities

The first Lok Sabha session is presided over by the Pro-tem Speaker, who also swears in the newly elected MPs. The
pro tem speaker’s responsibility is to oversee the speaker and deputy speaker elections. The pro tem speaker’s position
is abolished with the election of a new Speaker. Additionally, he conducts the floor test.

 Presiding over the first session of a newly elected legislative assembly.

 Administering the oath of office to newly elected members.
 Guiding the proceedings until a permanent speaker is elected.
 Maintaining order and decorum in the house during the initial session.
 May have additional duties depending on the specific rules and procedures of the legislative body.
 3.Governor’s Pardoning Power
The power of the Governor to grant a pardon has been entailed under Article 161 of the Indian Constitution. It
states that the Governor shall have the power “to grant pardons, etc, and to suspend, remit or commute
sentences in certain cases The Governor of a State shall have the power to grant pardons, reprieves, respites
or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any
offence against any law relating to a matter to which the executive power of the State extends”. The executive
action of pardoning must be exercised to promote justice rather than subvert it.
Pardoning Powers of the Governor

Pardon When the Governor pardons, both the sentence and the conviction of the convict completely absolve
the sentences, punishments and disqualifications
Note:
 He cannot pardon the punishment by court-martial.
 The scope of the pardoning power of the President under Article 72 is wider than the
pardoning power of the Governor under Article 161.
 The sovereign power of a Governor to pardon a prisoner under Article 161 is actually
exercised by the State government and not the Governor on his own.
Respite When the Governor uses his pardoning power of ‘Respite’, he chooses to award a lesser sentence in
place of one originally awarded to the convict. For example, due to some special fact, such as the
physical disability of a convict or the pregnancy of a woman offender, the President can use this power.
Reprieve When the Governor chooses the pardoning power of ‘Reprieve’; he stays the execution of a sentence
(especially that of death) for a temporary period. By doing this, he enables the convict to have time to
seek pardon or commutation from him
Remit When the President chooses the pardoning power of Remit, he acts to reduce the period of the sentence,
but the character of the sentence remains the same. For example, a sentence of rigorous imprisonment
for two years may be remitted to rigorous imprisonment for one year but the imprisonment remains
rigorous
Commute The governor can commute the punishment or sentence of any person convicted of any offence against
state law, or he can commute a death sentence

4.Impeachment of President (Article 61)

 The sitting President can be removed from his office before completion of his term of 5 years by the procedure of
impeachment of the President of India for ‘violation of the Constitution.
 Even though impeachment meaning as the removal from his office is known, the term ‘violation of Constitution’ has not
been defined by the Constitution.
 Either House of the Parliament of India can initiate the charges of impeachment against the President.
 One-fourth of the members of the House that has framed the charges of impeachment should sign the charges and the
Presidents should be handed over a notice of 14 days.
 The impeachment resolution is sent to the other House to investigate the allegations once it is passed by the two-thirds
majority of the House which initiated the charges of impeachment.
 The right to appear before the investigating House and the right to be represented is possessed by the President.
 However, if the motion is passed in the other House too by a two-thirds majority, the President is deemed to have been
removed from his office from that day.
 The important point to note here is that the nominated members can also participate in the impeachment process.
 However, the elected members of the state legislatures and the UTs of Delhi and Puducherry shall not participate in the
impeachment process.

A note of President Impeachment

Until now, no president has faced impeachment proceedings in India. The method, however, has been established by
the law of the nation. The President may be impeached by the Indian Parliament before the end of his term for breaking
the Indian Constitution. The procedure might start in either of Parliament’s two chambers. A House of Representatives
begins by laying accusations against the President. The allegations are contained in a notice that must be signed by a
fourth of the House’s total members. The notification is then forwarded to the President, who will examine it after 14
days.
A two-thirds mandate (special proportion) of the total population of the originating House is required to pass an
impeachment resolution against the President, which is then transmitted to the other House. The allegations made are
investigated by the other House. A two-thirds mandate (special proportion) of the total population of the originating
House is required to pass an impeachment resolution against the President, which is then transmitted to the other
House. The allegations made are investigated by the other House.
5. Ordinance making power of the President is not a legislative provision but an emergency provision. The
ordinance can only be promulgated on those subjects on which Parliament is empowered to legislate, that is,
the Union list or Concurrent list.
An amendment of the constitution can also be done through an ordinance. The ordinance cannot be issued if both
houses are in session and are subject to Judicial Review. Ordinance-making is an emergency provision that should be
avoided in a normal sense, and the maximum life of the Ordinance is 6 months or 6 weeks.
The following are the constitutional provisions of the Ordinance Making Power of the President. These constitutional
provisions will enlighten the candidates in analyzing the details of the ordinance power of the President.
 The ordinance can be retroactive.
 It is considered invalid if the ordinance is issued during a session of parliament.
 To stay a law, the Parliament has to approve the ordinance within 6 weeks of its reassembly.
 The occurrence of Acts and Laws by the ordinance remains in force until their validity expiration.
 The power to issue the ordinance by the President of India is one of the rarest leadership powers in the world.
 It cannot be seen as a substitute for the President’s legislative powers.
 Only on matters for which the Parliament is empowered to legislate, can ordinances be issued.
 Through the ordinance, the fundamental rights of citizens cannot be crossed out.
 If both houses of the Parliament pass a resolution that disapproves of it, then the ordinance order becomes null
and void.

Ordinance Making Power of President Ordinance Making Power of Governor

In the absence of the Legislative Assembly in the Parliamentary

In the absence of either Lok Sabha and
session, the Governor can promulgate an ordinance. In the case of
Rajya Sabha or both in the Parliamentary
a bicameral legislature, the governor can promulgate an ordinance
session, the President possesses the right
in the absence of both the legislative assembly and legislative
to promulgate the ordinance.
council.

The President can present an ordinance

Only on subjects on which state legislature can formulate law can
only for subjects on which Parliament has
the governor roll out an ordinance.
the authority to formulate laws.

The President ordinance and Parliament Both the Governor, as well as State acts possess similar effects on
Act will possess a similar effect on policies. the policies.

The Ordinance of the President can be

The Ordinance of the Governor can be withdrawn at any time.
withdrawn at any time.

The power of the President to promulgate The power of the Governor to promulgate the ordinance is not
the ordinance is not discretionary. discretionary.