Powers and Functions of President of India

The President of India is the formal head of the state and the supreme commander of the Indian Armed Forces. While the position is largely ceremonial, it carries substantial constitutional powers, which are primarily vested under the Constitution of India. 

The role and responsibilities of the President are critical in the governance of the country, especially in situations where the regular functioning of the government is disrupted. 

This article will explore the powers and functions of the President as defined by the Constitution of India, examining their executive, legislative, judicial, and emergency roles, and providing an understanding of the President’s position within India’s parliamentary democracy.

Introduction to the Office of the President

The office of the President is an integral part of India’s parliamentary system, which follows the British model. The President is the nominal or titular head of the state, representing the unity and integrity of the nation. Though the office is ceremonial in nature, the Constitution of India has entrusted the President with significant powers. 

These powers enable the President to perform crucial functions, both in normal governance and in exceptional circumstances such as a national emergency or constitutional crisis.

Under Article 52 of the Constitution, it is stated that there shall be a President of India. This provision establishes the office, which operates within the framework of the executive, legislature, and judiciary, and functions as the cornerstone of the governance system.

Executive Powers of the President

The executive powers of the Union are vested in the President under Article 53 of the Constitution. While the day-to-day administration is carried out by the Prime Minister and the Council of Ministers, the President holds the ultimate authority in executing the decisions of the government. Here’s a breakdown of the key executive powers:

Appointment Powers

The President has the authority to make several key appointments, including:

• Prime Minister: The President appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha.
• Council of Ministers: The President, on the advice of the Prime Minister, appoints other ministers who form the Council of Ministers.
• Judicial Appointments: The President appoints the Chief Justice of India, other judges of the Supreme Court, and High Court judges on the recommendation of the judiciary.
• Other Key Officials: The President also appoints the Comptroller and Auditor General (CAG), Attorney-General for India, Governors of states, and members of various constitutional bodies such as the Union Public Service Commission (UPSC) and Election Commission.

Supreme Commander of the Armed Forces

As the supreme commander of the Indian Armed Forces, the President is responsible for the defence and security of the nation. However, all military decisions, including the declaration of war or conclusion of peace, are made under the advice of the Cabinet. The President’s role in this capacity is ceremonial, but it holds symbolic importance.

Legislative Powers of the President

Despite the ceremonial nature of the office, the President plays a crucial role in the legislative process in India. The Constitution has conferred several legislative powers on the President, which ensure that the laws passed by Parliament receive the required approval to become effective. Below are the legislative functions of the President:

Summoning and Proroguing Parliament

Under Article 85, the President has the power to summon and prorogue (discontinue) the sessions of Parliament. The President can also dissolve the Lok Sabha (House of the People), which is done at the recommendation of the Prime Minister. The dissolution of the Lok Sabha brings an end to its current term and necessitates a new general election.

Assent to Bills

One of the most significant legislative powers vested in the President is the power to grant assent to bills. According to Article 111, a Bill passed by both Houses of Parliament cannot become a law until the President has given their assent. The President can:

1. Give Assent: The Bill becomes law.
2. Withhold Assent: The Bill is not passed, and it cannot become law.
3. Return for Reconsideration: The President can return a non-money Bill for reconsideration by Parliament. If Parliament re-passes the Bill in the same form, the President must grant assent.

In the case of Money Bills, the President may only either assent or withhold assent. The President cannot return Money Bills for reconsideration.

Ordinance Power (Article 123)

When Parliament is not in session and urgent legislation is required, the President can promulgate ordinances. These ordinances have the same effect as laws passed by Parliament. However, ordinances must be approved by Parliament within six weeks after the commencement of the next session. If not approved, they will cease to operate.

Nominations to Parliament

The President has the authority to nominate members to Parliament, specifically to the Rajya Sabha (Council of States). These nominations are typically from fields such as literature, science, arts, and social service. The President can nominate up to 12 members to the Rajya Sabha. Additionally, the President can nominate two members from the Anglo-Indian community to the Lok Sabha (although this provision has now been discontinued through the 104th Constitutional Amendment in 2019).

Judicial Powers of the President

The President of India has certain judicial powers that allow them to perform vital functions in the administration of justice. These powers are essential for the functioning of the judiciary and the maintenance of the rule of law.

Power to Grant Pardons (Article 72)

Under Article 72, the President has the power to grant pardons, reprieves, respites, remissions, and commutations of sentences. This power is primarily exercised in cases involving the death penalty, or offences against Union laws or court-martial rulings. The President’s power to pardon is considered a form of mercy and is used to correct miscarriages of justice.

Appointments to the Judiciary

The President is responsible for appointing the Chief Justice of India and other judges of the Supreme Court and High Courts. These appointments are made on the recommendations of the judiciary, primarily the Chief Justice of India, who plays an important role in the selection process.

Emergency Powers of the President

One of the most significant functions of the President is the ability to declare emergencies, which have the power to change the course of the country’s governance during critical times. The Constitution empowers the President with three types of emergency powers:

National Emergency (Article 352)

The President can declare a National Emergency when there is war, external aggression, or armed rebellion. This allows the Union Government to assume complete control over the state governments, and Parliament can legislate on matters under the State List. The declaration of such an emergency leads to the suspension of several fundamental rights, except for the right to life and personal liberty (Article 21).

State Emergency (President’s Rule) (Article 356)

If a state government fails to function according to the provisions of the Constitution, the President may impose President’s Rule in that state. The President assumes the powers of the state government, and the state legislature is either dissolved or placed in suspension. The President’s Rule is supposed to be temporary but can last up to three years with periodic extensions.

Financial Emergency (Article 360)

In the event of a financial crisis or a situation where the financial stability of the country is threatened, the President can declare a Financial Emergency. This power has never been used, but it allows the President to control the financial resources of the country and impose restrictions on spending by both the Union and state governments.

Ceremonial Functions and Constitutional Safeguards

While the President is primarily a ceremonial figurehead, they also play an important role in upholding the Constitution. Some of their key ceremonial functions include:

• Constitutional Guardian: The President is seen as the protector of the Constitution, ensuring that the laws passed by Parliament are in line with constitutional principles. If a Bill is unconstitutional, the President may withhold assent and send it back for reconsideration.
• Symbol of Unity: The President serves as a symbol of national unity and integrity, especially during times of national crises or when the nation faces external threats.

Conclusion

The President of India holds a position of immense importance within the framework of our constitutional system. While the powers of the President are largely exercised on the advice of the Prime Minister and the Council of Ministers, the office remains a crucial safeguard for the democratic and constitutional integrity of the country. 

From acting as the formal head of the executive to holding legislative and judicial powers, the President’s functions encompass a broad spectrum, particularly during times of emergency.