The President of India

Power, Functions, and Position

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 Powers of the President of India
Executive Powers
• Article 53 of the Indian Constitution confers executive powers on the
President of the Indian Republic, these powers shall be exercised by
him either directly or through officers subordinate to him in
accordance with this Constitution and other Laws.
1.1 Appointment Making Powers-
• Appointment of Prime Minister and the Council of Ministers. They
hold office during his pleasure.
• However, in the event of the death of Prime Minister, the President can
use his judgment in appointing a successor to the office of the Prime
minister of India.

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• Besides Prime Minister, The President appoints, on the advice of
Prime Minister, the Attorney-General of India, Comptroller and
Auditor-General of India,, ambassadors, Governors of State, Lt.
Governors, Chief Commissioners of the Union Territories, Chairman
and Members of Union Public Service Commission, Election
Commission, Finance Commission, Official Language Commission,
Commission for Scheduled Castes and Scheduled Tribes, Commission
of enquiry, etc.
• Chief Justices and other judges of the Supreme Court on the basis of
recommendation of Collegium.
• For the running of the administration he makes rules and also allocates
portfolios to the Ministers.

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1.2 Powers of Dismissal
• As he is the chief appointing authority, he also has the power to dismiss/
remove them under certain circumstances.
• He can dismiss a judge of Supreme Court or a High Court after a special
address of impeachment is passed by the Parliament.
• The President can also dismiss a member of the UPSC after on affirmation of
guilt on the basis of an enquiry Report from a judge of the Supreme Court.
• The Prime minister and the Ministers hold office during “the pleasure of the
President”.
• The President can accept the resignation of the Prime Minister and the Union
Ministers or may dismiss them if they forfeit his pleasure.
• However, it must be remembered that any step in such direction has to be
taken by the President on the aid and advice of the Prime Minister and his
Council of Ministers to avert Constitutional crisis.
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• 1.3 Power to get Information about Administration-
• Article 77 lays down that all executive actions of the Government of India shall
be expressed to be taken in the name of the President.
• Article 299 also lays down that all contracts made in the exercise of the
executive power of the Union or the State shall be expressed to be made by the
President, or by the Governor of the State . President or Governor can authorise
other authority in case of need for the same.
• Article 78 states that it shall be the duty of the Prime Minister to communicate
to the President all decisions of the Council of Ministers relating to the
administration of the affairs of the Union and proposals for legislation and also
must supply information on any legislative proposals if the President asks for it.
• The President can also ask the Prime Minister to submit a decision of any
minister for the consideration of the Council of Ministers in order to have the
decision of the cabinet which has not been considered by the Council of
Ministers.
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• 1. 4 The President being the Chief Executive authority and the Head of the
State, all foreign relations are conducted in his name.
• He accredits ambassadors and envoys to other countries.
• All treaties and international agreements are signed in his name though they
become effective only after ratification by the Parliament.
• The President vide Article 53( 2) is the Supreme Commander of the Armed
forces of India— Army, Navy and Air Force.
• 1.5 The President is the Supreme Commander of the Armed Forces, he
cannot declare war or pursue peace at his own will. Subject to law and
constitution
• The authority of the Parliament especially the decision of the Cabinet, the
Prime Minister, the Union Defence Minister, Secretary of Union Defence
Ministry and also the Chiefs of the three wings of the armed forces are
required.
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• 1.6 The President has also the power with regard to the administration
of the Union Territories under Part VIII Article 239 of the
Constitution.
• He administers the Union Territories through Governors or Chief
Commissioners or authorities whom he thinks are fit to be appointed.
• The President also appoints the Lieutenant Governor for National
Capital Territory (Delhi). Article 239.
• Under Article 240, the President has been conferred the power to make
regulations for the peace, progress and good government of the Union
Territory of the Andaman and Nicobar Islands, Lakshadweep, Dadra
and Nagar Haveli, Daman and Diu and Puducherry.

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• 1.7 Under the Fifth Schedule the President has the power to administer
Scheduled Areas. He may also, by order, declare as area to be Scheduled Areas
or Tribal Areas.
• These provisions ensure the protection of cultural identifies customs and
economic and political interests of the original inhabitants of these areas.
• He can appoint a commission to investigate into the conditions of SCs, STs and
other backward classes.
• He can appoint an inter-state council to promote Centre–state and inter-state
cooperation.
• Under Article 263, the President, if he feels it necessary in the public interest
may order the establishment to inquire and advise disputes arising between the
States.
• Based on the recommendations of the Sarkaria Commission, Inter-State
Council has been set up on 28th May 1990 under article 263 of the Constitution
for co-ordination of inter-State matters.
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• Finally, the most extensive and conspicuous executive power of the
President is with regard to State Government and their functioning.
• The President can give directives to the State Governments which the
State Governments must follow, and he can ensure compliance also.
• (Union-State Union-State relations) that the President with the consent
of the State Government can entrust duties of the Union Government
to the officers of the State and also give directions to the State with
regard to the maintenance and construction of means of
communications of national importance and also railways (Article
258).
• Further, in the case of failure of Constitutional machinery the
President can declare State emergency by invoking Article 356.

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2. Legislative Powers
• the President is an integral part of the Parliament as much as the British
Monarch. 79
• 2.1. The President has the power to summon and prorogue the session of the
Parliament.
• He can also dissolve the Lok Sabha.
• He can also summon joint session of the Parliament in case of a deadlock
regarding any particular non-money Bill.
• 2.2. The President has the power to address and send messages to either or
both the Houses. The first session of the Parliament after a general election
and the first session of every new year open with the inaugural address of the
President.
• However, the speech is prepared by the Council of Ministers and outlines the
broad objectives and future activities of the present Government.
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• 2.3. He can appoint any member of the Lok Sabha to preside over its
proceedings when the offices of both the Speaker and the Deputy
Speaker fall vacant.
• Similarly, he can also appoint any member of the Rajya Sabha to
preside over its proceedings when the offices of both the Chairman
and the Deputy Chairman fall vacant.
• 2.4. He decides on questions as to disqualifications of members of the
Parliament, in consultation with the Election Commission.
• 2.5. Money Bills cannot be introduced in the Lok Sabha without the
prior consent of the President.
• Bills seeking alterations of State boundaries or changes in the names
of State again has to be introduced in the Parliament with the prior
consent of the President.
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• 2.6. The Bills passed by the Parliament can only become laws after the
President has given his assent to them.
• But here the President of India enjoys the power to veto any Bill, i.e.,
• he may withhold his assent or he may also return the Bill to the Parliament
for reconsideration. However, if the Bill is passed again by the Parliament
with or without the changes suggested, the President cannot withhold his
consent.
• The President also does not enjoy no veto power over money Bills, and
Constitutional amendment Bills.
• The object of conferring this power on the President is two-fold—
• (a) to prevent hasty and ill-considered legislation by the Parliament; and
• (b) to prevent a legislation which may be unconstitutional.
• The veto power enjoyed by the executive in modern states can be classified
into the following four types:
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• 1. Absolute veto, that is, withholding of assent to the bill passed by
the legislature.
• 2. Qualified veto, which can be overridden by the legislature with a
higher majority.
• 3. Suspensive veto, which can be over ridden by the legislature with
an ordinary majority.
• 4. Pocket veto, that is, taking no action on the bill passed by the
legislature.
• Of the above four, the President of India is vested with three—
absolute veto, suspensive veto and pocket veto.
• There is no qualified veto in the case of Indian President; it is
possessed by the American President.
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Presidential Veto over State Legislation
• The President also enjoys absolute veto powers over State Bills.
• Governor of the State has power to reserved a Bill for the
consideration of the consent of the President (Article 200).
When a bill, is presented to the governor for his assent, he has four
alternatives (under Article 200 of the Constitution):
• He may give his assent, withhold, or return the bill for reconsideration
of the state legislature, or 4. He may reserve the bill for the
consideration of the President.
When a bill is reserved by the governor for the consideration of the
President, the President has three alternatives (Under Article 201 of
the Constitution):

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• 1. He may give his assent to the bill, or 2. He may withhold his assent
to the bill, or 3. He may direct the governor to return the bill (if it is
not a money bill) for the reconsideration of the state legislature.
• If the bill is passed again by the state legislature with or without
amendments and presented again to the President for his assent, the
President is not bound to give his assent to the bill.
• This means that the state legislature cannot override the veto power
of the President.
• Further, the Constitution has not prescribed any time limit within
which the President has to take decision with regard to a bill reserved
by the governor for his consideration. Hence, the President can
exercise pocket veto in respect of state legislation also.

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2.7. The President has very important ordinance making power. Art. 123
• When the Parliament is not in session, but a certain special situation as it may
rise might require the proclamation of an ordinance which has the force and
effect of the law.
• Such ordinances are issued on the aid and advice of the Council of Ministers.
• The President may at any time, withdraw the ordinance or such ordinances need
to be placed before both the Houses of the Parliament when their session
commences otherwise ordinances will cease to operate after the expiry of six
weeks from the reassembly of the Parliament.
• The Epidemic Diseases (Amendment) Ordinance, 2020 was promulgated on April 22,
2020.  The Ordinance amends the Epidemic Diseases Act, 1897. 
• The Act provides for the prevention of the spread of dangerous epidemic diseases. 
The Ordinance amends the Act to include protections for healthcare personnel
combatting epidemic diseases and expands the powers of the central government to
prevent the spread of such diseases.

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• 2.8. The President lays the Reports and recommendations of several
important bodies/ Commissions before the Parliament like the UPSC,
Finance Commission, CAG, SC/ST etc.
• 2.9. The President nominates 12 members to the Rajya Sabha from
fields of Arts, Science, Literature or Social Service.
• He can also nominate two persons of the Anglo-Indian community to
the Lok Sabha if there are sufficient reasons for him to find that the
community is not adequately represented in the Lower Chamber.*
* The Parliament scrapped the quota for Anglo-Indians in the
Lok Sabha and State Assemblies which was due to expire on
January 25, 2020. (104th CAA 2019)

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Financial Powers
• Special provisions relating to financial Bills are given in Article 117.
• (a) Money bills can be introduced in the Parliament only with his prior
recommendation.
• (c) No demand for a grant can be made except on his recommendation.
• (b) He causes to be laid before the Parliament the annual financial
statement (ie, the Union Budget).
• The Annual Financial Statement is laid before both the Houses of
Parliament showing the annual estimated receipts and expenditure of
the Government of India for that year by the President of India for
their approval (Article 112).

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• (d) He can make advances out of the contingency fund of India to
meet any unforeseen expenditure.
• The President has the control over the Contingency Fund of India
(fund for emergencies or unexpected outflows)and he can order
advances out of it to meet unforeseen expenditure pending its
authorization by the Parliament (Article 267).
• (e) He constitutes a finance commission after every five years to
recommend the distribution of revenues between the Centre and the
states.
• The President has also been given the power to constitute a Finance
Commission at the expiration of every fifth year or at such earlier time
as the President considers necessary which shall comprise a Chairman
and four other members appointed by the President (Article 280).
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Judicial Powers
• The President has the power to appoint the Chief Justices and other judges of
Supreme Court and High Courts.
• He can also dismiss them only after an address by each House of Parliament
supported by a majority of the total membership of that House and by majority of
not less than two-third of the members of the House present and voting has been
presented to the President in the same session for such removal on the ground of
proved misbehaviour or incapacity [Article 124( 4)].
• Article 72 gives the President of India the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or commute (reduce)
the sentence of any person convicted in cases of :
• 1. punishment or sentence by a Court Martial,
• 2. punishment or sentence for an offence against any law relating to a matter to
which the executive power of the Union extends, and
• 3. death sentence.
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Reprieve- reducing or changing the nature of punishment in view of the
specific facts and circumstances of the convict.
• For example, the punishment to death awarded to a pregnant woman, may be
changed to simple life imprisonment.
Respite– delay in execution, Suspension of the punishment for the time being.
• "the execution was only respited a few months“
Remission - reducing the punishment without changing the nature of
punishment.
• For example, the imprisonment for 20 years may be reduced to the
imprisonment for 10 years.
Commutation- reducing the punishment by changing the nature of
punishment.
• For example, punishment to death may be changed to life imprisonment.

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Process of granting pardon in India :
• The process starts with filing a mercy petition with the President under Article
72 of the Constitution.
• Such petition is then sent to the Ministry of Home Affairs in the Central
Government for consideration.
• The above mentioned petition is discussed by the Home Ministry in
consultation with the concerned State Government.
• After the consultation, recommendations are made by the Home Minister and
then, the petition is sent back to the President.
• The effects of a series of decisions of the Supreme Court and of some High
Courts too have upheld that:
• Nanvati v. State of Bombay, AIR 1961 SC 122, Godse v. State of Maharashtra,
AIR 1961 600, Kehar Singh v. Union of India, (1988) 4 SCC 693: AIR 1989
SC 653
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• 1. the exercise of the power by the President under Article 72 is primarily a
matter for his discretion, and the courts would not interfere with his actual
decision on the merits.
• 2. Courts exercise a very limited power of judicial review, to ensure that the
President considers all relevant materials before coming to his decision.
• 3. the President can, in the exercise of this power, examine the evidence
afresh without sitting as a court of appeal. His power is independent of the
judiciary. He can, therefore, afford relief not only from a sentence which he
regards as unduly harsh, but also from an evident mistake.
• 4. the President is not bound to hear a petitioner for mercy before he rejects
the petition.
• He can seek advice from the Supreme Court on any question of law or
fact.143 However, the advice tendered by the Supreme Court is not binding
on the President.
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Emergency Powers:
• Article 352 contains provisions relating to General Emergency.
• It states that if the President is satisfied that a grave emergency exists whereby
security of India or any part of the territory thereof is threatened, whether by
war or external aggression or armed rebellion, he may, by Proclamation, make
a declaration to that effect in respect of the whole of India or of such part of
the territory thereof as may be specified in the Proclamation.
• Article 356 empowers the President to issue a proclamation, If the President,
on receipt of report from the Governor of the State or otherwise, he is satisfied
that a situation has arisen in which the government of a state cannot be carried
on in accordance with the provisions of the Constitution.
• Article 360 empowers the president to proclaim a Financial Emergency if he is
satisfied that a situation has arisen due to which the financial stability or credit
of India or any part of its territory is threatened.
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Position
• The Constitution of India has provided for a parliamentary form of
government. Consequently, the President has been made only a
nominal executive; the real executive being the council of ministers
headed by the prime minister.
• In other words, the President has to exercise his powers and functions
with the aid and advise of the council of ministers headed by the prime
minister.
• President is the friend, philosopher and guide of the government he
has three important rights- Right to warn, Right to encourage, Right to
be consulted.

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• Though the President has no constitutional discretion, he has some
situational discretion. In other words, the President can act on his
discretion (that is, without the advice of the ministers) under the
following situations:
• (i) Appointment of Prime Minister when no party has a clear majority
in the Lok Sabha or when the Prime Minister in office dies suddenly
and there is no obvious successor.
• (ii) Dismissal of the council of ministers when it cannot prove the
confidence of the Lok Sabha.
• (iii) Dissolution of the Lok Sabha if the council of ministers has lost
its majority.

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References:
• Indian Polity by M. Laxmikanth
• Indian Government and Politics by Peu Ghosh
• Introduction to the constitution of India by D.D. Basu

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