President of India

Functions and Power of the President of India

• The Power of the President of India and the functions performed by the President can be studied under the following –

1. 1. 1. 1. 1. 1. 1. Executive powers
                  2. Legislative powers
                  3. Financial powers
                  4. Judicial powers
                  5. Diplomatic powers
                  6. Military powers
                  7. Emergency powers

Executive Power of the President of India

• President is executive head of the State and all executive actions of Government of India is taken on his name.
• Makes rules for the convenient business and governance in the state or union.
• All important officials of Union Government are appointed by the President. They hold the office during his pleasure.
• Some of these includes –
  • • • Prime Minister
      • Other ministers on advice of Prime Minister
      • Chief Justice of India
      • Other Judges of Supreme Court on advice of the Chief Justice
      • Chief Justice and other judges of high courts
      • Chairman and other members of UPSC and Joint Public Service Commissions
      • Attorney General of India
      • Comptroller and Auditor General of India
      • Chief Election Commissioner and other members of election commission
      • Governors of states
      • Administrators of Union Territories
      • Chairman and members of National Commission of Scheduled Caste
      • Chairman and members of National Commission of Scheduled Tribes
      • Finance Commission chairman and members
      • Central Chief Information Commissioner
      • Central Vigilance Commissioner
      • Chairperson of National Human Rights Commission
      • Union Lokpal Chairman and its members on recommendation of selection committee
• Also note that –
  • • • Chairperson of National Commission of Women is not appointed by President but by Central Government.
      • Solicitor General is NOT appointed by President. His appointment is done by Central Government.
      • The chairman and member of state public service commissions are although appointed by Governor, the removal of any of them (chairman or members) will be done by President.
• Can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the prime minister.
• Can appoint the Commission to investigate into the conditions of SCs, STs and OBCs.
• Can appoint a Council to promote Centre-State and inter-State Cooperation.
• Directly administers the Union Territories through administrators appointed by him.

Legislative Powers

• Can Summon or prorogue the Parliament and dissolve the Lok Sabha.
• Can summon Joint Sitting of both the Houses of Parliament.
• Address the Parliament at the Commencement of the First session after each general election and the first session of each year.
• He can appoint any member of Lok Sabha to preside over the proceedings if the seats of Speaker and Deputy Speaker is vacant. Similarly in Rajya Sabha, he can appoint any member to preside its proceeding if seat of Chairman and Vice Chairman is vacant.
• Nominates 12 members in Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service.
• Nominate 2 members to the Lok Sabha from the Anglo-Indian Community.
• Decides on questions as to disqualifications of members of the Parliament, in consultation with the Election Commission.
• Can promulgate ordinances when the Parliament is not in session.
• Lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament.
• His prior recommendation or permission is needed to introduce certain types of bills in the Parliament. E.g. – Money Bills
• After the Bill is passed by Parliament and sent to President for approval, he can –
  • 1. Give his assent to the bill, or
    2. Withhold his assent to the bill, or
    3. Return the bill (if it is not a money bill) for reconsideration of the Parliament.

However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill.

• When a bill passed by state legislature is reserved by the Governor for consideration of President, He can –
  • 1. Give his assent to the bill, or
    2. Withhold his assent to the bill, or
    3. Direct the governor to return the bill (if it is not a money bill) for reconsideration of the state legislature.
• President is NOT obligatory to give his assent even if the Bill is again passed and sent by State legislature.

Financial Powers

• Money bills are introduced with prior recommendation of President of India only.
• President appoints Finance commission after every 5 years.
• He causes budget to be laid before the Parliament.
• He can make advance out of contingency fund of India for unforeseen expenditure.

Judicial Powers

• Appoints Chief Justice and Judges of Supreme Court and High Courts.
• He can ask for Advice to Supreme Court (Advisory Jurisdiction) but He is not bound to follow the advice.
• He has Pardon powers for any person convicted of any offence – (Article 72)
• President only have pardoning powers on –
  • • 1. Death penalty,
      2. Court Martial and
      3. Crimes committed on union laws.
• Note – Death Penalty even for violation of state law can only be pardoned by President of India. Governor can commute, suspend or remit death sentence but can’t pardon.

Diplomatic Powers

• International treaties and Negotiation are made in the name of President.
• He represents India in international forums and affairs and sends and receives diplomats like ambassadors, high commissioners, and so on.

Military Powers

• Supreme Commander of Defence Forces of India.
• He appoints the Army Chief, the Navy Chief and the Air Force Chief.
• Can declare War or Conclude Peace, subject to approval to Parliament.

Emergency Powers

• President can also declare following Type of Emergencies on recommendation of Parliament –
  • • 1. National Emergency (Article 352)
      2. President’s Rule (Article 356 & 365)
      3. Financial Emergency (Article 360)

Veto Power of the President of India

• Bills passed by parliament becomes law only after assent of the President.
• When such a bill is sent to President for his assent, he can –
  • • • Give his assent to the bill, or
      • Withhold his assent to the bill, or
      • Return the bill (if it is not a money bill) for reconsideration of the Parliament.
• However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill.
• Thus, President has Veto power over the bills passed by Parliament. Objective of giving such a power is –
  • • • To prevent hasty and ill-considered legislation by the Parliament.
      • To prevent a legislation which may be unconstitutional.
• Indian President enjoys following types of Veto powers –
  • • • Absolute Veto
      • Suspensive Veto
      • Pocket Veto
      •  He is NOT entitled with Qualified Veto
• It should be noted that the President has no veto power in respect of constitutional amendment bill.
• The 24th Constitutional Amendment Act, 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.

Types of Veto

1. Absolute Veto

• • • The power of the President to withhold his assent to a bill passed by the Parliament.
    • The bill then ends and does not become an act.
    • Usually exercised in following two cases –
    • Private members’ bills
    • Government bills when the cabinet resigns and new cabinet advises the President not to give his assent to such bills.

2. Suspensive Veto

• • • This veto is exercised when President returns a bill for reconsideration of the Parliament.
    • However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the bill.
    • NOTE – not possess this veto for money bill.

3. Pocket Veto

• • • The President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period.
    • That is, he don’t take any action on the bill.
    • The President can exercise this veto power as the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent.

Presidential Veto over State Legislation

• • The President has veto power with respect to state legislation also.
  • When a bill, passed by state legislature, is sent to the governor for his assent, he can –
    1. 1. Give his assent to the bill
       2. Withhold his assent to the bill
       3. Return the bill (if it is not a money bill) for reconsideration of the state legislature
       4. 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 can –
    1. 1. Give his assent to the bill, or
       2. Withhold his assent to the bill, or
       3. Direct the governor to return the bill (if not a money bill) for reconsideration of the state legislature.
  • However, President is NOT obligatory to give his assent even if the Bill is again passed and sent by State legislature. The state legislature cannot override the veto power of the President.
  • The President can exercise pocket veto in respect of state legislation also.

Ordinance Making Power of the President of India

• Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
• Ordinances are temporary in Nature but have same effect as that of Laws of Parliament.
• It has been provided to deal with the urgent matters.
• They are valid for a period of 6 months.
• Ordinance making power is subjected to following limitation –
  • President can promulgate Ordinance only when both the houses of Parliament are not in session or when either of the two houses are not in session. Ordinance cannot be made when both houses are in session.
  • Ordinance can be made only when he is satisfied that such circumstances exist that it is necessary to take action. The President satisfaction is justiciable on the ground of malafide.
  • Presidents Ordinance making Power is limited to those subjects only on which Parliament can make laws and they are subjected to Constitutional limitations.
  • Every ordinance issued by the President during the recess of parliament must be laid before both the Houses of Parliament when it reassembles. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of 6 weeks from the reassembly of Parliament. If parliament do not approve, actions taken under ordinances do not nullify.

• The President can also withdraw an ordinance at any time but on the advice of Council of Minister headed by Prime Minister.
• Ordinance may modify or repeal any act of Parliament or another ordinance. It can alter or amend a tax law also. However, it cannot be issued to amend the Constitution.

Judgements of Supreme Court

• • • Coopers case (1970) – Ordinance power of President is subjected to judicial review on malafide grounds.
    • DC Wadhwa case (1987) – Ordinance power is not a substitute for the legislative power. Re promulgation of Ordinance is violation of constitution and can be stuck down.

Pardoning Power of the President of India

• Article 72 of the Constitution empowers the President to Grant Pardon to persons who have been convicted of offences where –
  1. 1. 1. 1. Sentence is for an offence against Union Law
           2. Sentence is by Court Martial
           3. Sentence is a Death Penalty
• The pardoning power of the President is independent of the Judiciary and is an executive power.
• The objective of conferring this power on the President is –
  • • • 1. To keep the door open for correcting any judicial errors in the operation of law
        2. To afford relief from a sentence, which the President regards as unduly harsh.
• The pardoning power of the President includes the following –

Pardon

• • • • • Removes both the Sentence and the Conviction and completely absolves the convict from all sentences, punishment and disqualifications.

Commutation

• • • • • The punishment is substituted for a lighter form.

Remission

• • • • • Implies reducing the period of Sentence without changing its character.

Respite

• • • • • Awarding of lesser sentence in place of the original one due to some special fact such as physical disability etc.

Reprieve

• • • • • It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.

Situational Discretionary Power of the President of India

• President does not enjoy constitutional discretionary power as he is bound by 42nd Constitution Amendment Act and 44th Constitution Amendment Act.
• However he enjoys  situational  discretion  power  in following  cases –
• To appoint the PM  in  case of Hung  Parliament
• To dissolve Lok Sabha or to call for an alternative after passage of No confidence motion in Lok Sabha.
• To send a bill for reconsideration (44th Amendment Act)
• Dismissal of Council of Ministers if No confidence Motion is passed and Council of Ministers do not resign.
• To ensure that 6 months do not lapse between two sessions of parliament.

Constitutional Position of the President of India

• The President is the Nominal Executive of Government of India.
• The President has to exercise his powers and functions with the aid and advice of the council of ministers headed by the prime minister.
• The constitutional position of the President can be estimated by –
  • • Article 53 – Executive power of Union is with President
    • Article 74 – Aid and advice of council of ministers shall be available.
    • Article 75(3) – Collective responsibility of council of ministers to Lok Sabha.
    • Article 78 – PM shall give information on laws, policies to President of India. President can call for any information from government. President can submit a minister’s decision to consideration of Council of Ministers.
• Dr B R Ambedkar summed up the true position of the President in the following way –

“Under the Indian Constitution, the President occupies the same position as the King under the English Constitution. He is the head of the State but not of the Executive. He represents the nation but does not rule the nation. He is the symbol of the nation. His place in administration is that of a ceremonial device or a seal by which the nation’s decisions are made known. He is generally bound by the advice of his ministers. He can do nothing contrary to their advice nor can he do anything without their advice. The President of the Indian Union has no power to dismiss any minister, as long as his ministers command a majority in Parliament”

So, this was all about the Functions and Power of the President of India.

In the next Post (Click Here), we will discuss about the Vice President of India.