Political Science Teaching Aid

President of India: Function and Power

introduction

The President of India holds a crucial position as the ceremonial head of the state and the supreme commander of the Indian Armed Forces. Though largely a symbolic role, the President’s responsibilities are vital in upholding the democratic framework of the nation. The office ensures the smooth functioning of the parliamentary system by giving assent to bills, appointing key officials such as the Prime Minister, and safeguarding the Constitution. In times of political uncertainty, the President can exercise discretionary powers, making the role an essential guardian of constitutional integrity and national stability.

constitutional provision
1. Article 52:
  • The President of India
    This article establishes the office of the President of India.
2. Article 53:
  • Executive Power of the Union
    The executive powers of the Union are vested in the President, exercised by him either directly or through officers subordinate to him.
3. Article 54:
  • Election of the President
    The President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of States and Union Territories.
4. Article 55:
  • Manner of Election
    This article provides the manner of election of the President, ensuring a balance between the representation of the States and the Union.
5. Article 56:
  • Term of Office
    The President holds office for a term of five years from the date on which they enter office.
6. Article 57:
  • Eligibility for Re-election
    The President is eligible for re-election without any limitation on the number of terms.
7. Article 58:
  • Qualifications for Election
    The qualifications required to become the President, such as being a citizen of India, being 35 years old or above, and being eligible to be a member of the Lok Sabha.
8. Article 59:
  • Conditions of Office
    The President cannot be a member of Parliament or a State Legislature and must not hold any office of profit.
9. Article 60:
  • Oath of Office
    The President is required to take an oath to preserve, protect, and defend the Constitution and the law before entering office.
10. Article 61:
  • Impeachment of the President
    This article provides for the procedure of impeachment if the President violates the Constitution.
11. Article 62:
  • Time of Holding Election to Fill Vacancy
    This deals with the procedure for filling a vacancy in the office of the President, whether due to the expiry of the term or any other reason.
12. Article 63:
  • Vice President of India
    Establishes the office of the Vice President, who acts as the President in case of a vacancy or during the President’s absence.
13. Article 65:
  • Discharge of Functions in the Absence of the President
    Specifies the Vice President’s role as the acting President if a vacancy occurs in the office of the President.
14. Article 74:
  • Council of Ministers
    The President exercises his powers on the advice of the Council of Ministers, headed by the Prime Minister.
15. Article 75:
  • Appointment of the Prime Minister and Other Ministers
    The President appoints the Prime Minister and other ministers, who must be collectively responsible to the Lok Sabha.
16. Article 77:
  • Conduct of Government Business
    The President exercises executive power under rules of business established by him, and all executive action is taken in his name.
17. Article 78:
  • Duties of the Prime Minister
    The Prime Minister must communicate to the President all decisions of the Council of Ministers relating to the administration and proposals for legislation.
18. Article 85:
  • Summoning, Proroguing, and Dissolving Parliament
    The President has the power to summon and prorogue Parliament and dissolve the Lok Sabha.
19. Article 86:
  • Right of the President to Address and Send Messages to Parliament
    The President can address either House of Parliament or both and send messages to Parliament regarding pending bills.
20. Article 111:
  • Assent to Bills
    The President can either give assent to a bill passed by Parliament or withhold it, or in certain cases, return the bill (other than a money bill) for reconsideration.
21. Article 112:
  • Annual Financial Statement (Budget)
    The President causes the Union Budget to be laid before Parliament.
22. Article 123:
  • Ordinance-making Power
    The President can promulgate ordinances when Parliament is not in session, which have the force of law.
23. Article 143:
  • Power of the President to Consult the Supreme Court
    The President can seek the Supreme Court’s opinion on questions of law or fact that are of public importance.
24. Article 148:
  • Comptroller and Auditor General of India
    The President appoints the Comptroller and Auditor General (CAG) of India.
25. Article 352:
  • National Emergency
    The President can declare a national emergency under specific circumstances such as war, external aggression, or armed rebellion.
26. Article 356:
  • President’s Rule
    The President can impose President’s Rule in a state if it is deemed that the governance of the state cannot be carried out per the provisions of the Constitution.
27. Article 360:
  • Financial Emergency
    The President can declare a financial emergency if the financial stability of India or any part thereof is threatened.

legislative function

The legislative functions of the President of India are crucial in the functioning of the Parliament and law-making process. Here are the key points outlining the President’s legislative role:

1. Summoning and Proroguing Sessions of Parliament (Article 85)
  • The President has the power to summon and prorogue either House of Parliament.
  • The President can also dissolve the Lok Sabha, leading to general elections.
2. Addressing the Parliament (Article 87)
  • At the beginning of the first session of each year and the first session after a general election, the President addresses a joint sitting of both Houses of Parliament.
  • This speech outlines the government’s policies and legislative agenda.
3. Assent to Bills (Article 111)
  • A bill passed by both Houses of Parliament becomes law only after the President gives assent.
  • The President can:
    • Give assent,
    • Withhold assent, or
    • Return a bill (except a Money Bill) for reconsideration.
      If the bill is passed again by Parliament, the President is obligated to give assent.
4. Ordinance-Making Power (Article 123)
  • The President can promulgate ordinances when Parliament is not in session, and immediate legislative action is required.
  • These ordinances have the same force as laws passed by Parliament but must be approved by Parliament within six weeks of its reassembly.
5. Nominating Members to Parliament (Article 80 and Article 331)
  • The President nominates:
    • 12 members to the Rajya Sabha from individuals with special knowledge or experience in fields such as literature, science, art, and social service.
    • 2 members to the Lok Sabha from the Anglo-Indian community, if deemed necessary.
6. Laying Reports and Documents before Parliament
  • The President causes important reports and documents to be laid before Parliament, such as the Union Budget (Article 112), reports of the Comptroller and Auditor General (Article 151), and recommendations of the Finance Commission (Article 280).
7. Legislative Proposal through Messages (Article 86)
  • The President can send messages to either House of Parliament regarding pending bills or any other matter.
8. Power to Veto Bills
  • The President can exercise different types of veto powers:
    • Absolute Veto: Refuse to assent to a bill.
    • Suspensive Veto: Return a non-money bill for reconsideration.
    • Pocket Veto: Delay a decision on a bill indefinitely, without giving assent or vetoing.
9. Recommendation for Introduction of Certain Bills (Article 117)
  • Certain bills, like money bills and financial bills, can only be introduced in Parliament with the President’s recommendation.
10. Role in State Legislation
  • The President’s assent is required for certain state bills reserved for consideration by the Governor.
  • In some cases, the President can direct the Governor to return a bill for reconsideration by the State Legislature.

Through these functions, the President plays a key role in ensuring the smooth functioning of the legislative process and upholding the constitutional framework of India.

executive function

The executive functions of the President of India are pivotal in the administration of the country. Although the President is a ceremonial head, many actions of the executive are formally carried out in his or her name. Here are the important points regarding the executive functions of the President:

1. Head of the Union Executive (Article 53)
  • The executive powers of the Union are vested in the President.
  • The President exercises these powers either directly or through officers subordinate to him, such as the Prime Minister and the Council of Ministers.
2. Appointment Powers (Article 75 & 77)
  • The President appoints:
    • The Prime Minister and, on the advice of the Prime Minister, the other members of the Council of Ministers.
    • Governors of States.
    • Judges of the Supreme Court and High Courts, including the Chief Justice of India.
    • Other key officials such as the Attorney General of India, Comptroller and Auditor General (CAG), Chief Election Commissioner, Chairperson of Union Public Service Commission (UPSC), and Ambassadors to foreign countries.
3. Supreme Commander of the Armed Forces (Article 53)
  • The President is the Supreme Commander of the Indian Armed Forces.
  • The President has the power to declare war and conclude peace, though these powers are exercised based on the advice of the Council of Ministers.
4. Diplomatic Functions
  • The President represents India in international forums and can negotiate and sign international treaties and agreements, subject to the approval of Parliament.
  • The President also appoints India’s diplomats to foreign countries and receives credentials from foreign diplomats in India.
5. Promulgation of Ordinances (Article 123)
  • In the absence of Parliament, the President has the power to promulgate ordinances which have the same force as laws.
  • These ordinances must be approved by Parliament within six weeks of its reassembly.
6. Power to Make Rules for Government Business (Article 77)
  • The President is responsible for making rules to regulate the conduct of government business, including how executive decisions are taken and communicated.
  • All executive actions of the government are carried out in the name of the President.
7. Granting Pardons and Other Clemency Powers (Article 72)
  • The President has the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute sentences in certain cases.
  • These powers are particularly significant in cases involving:
    • Death sentences,
    • Punishment for offenses against Union laws,
    • Court-martial cases.
8. Emergency Powers
  • National Emergency (Article 352): The President can declare a National Emergency in case of war, external aggression, or armed rebellion.
  • President’s Rule (Article 356): The President can impose President’s Rule in a state if there is a breakdown of constitutional machinery.
  • Financial Emergency (Article 360): The President can declare a financial emergency if the financial stability or credit of India is threatened.
9. Executive Action and Authority
  • All executive actions of the Government of India are taken in the name of the President.
  • The President can require any information related to the affairs of the Union from the Prime Minister and other ministers.
  • The President can ensure that the laws passed by Parliament and policies framed by the government are implemented.
10. Role in the Formation of Commissions
  • The President has the authority to appoint various constitutional bodies and commissions, such as the Finance Commission (Article 280), Union Public Service Commission (UPSC), and Election Commission of India.
11. Summoning and Dissolving Parliament (Article 85)
  • The President has the power to summon and prorogue sessions of Parliament and can dissolve the Lok Sabha.

These executive functions position the President as a key figure in India’s governance structure, although most of these powers are exercised on the advice of the Council of Ministers, making the role largely ceremonial yet constitutionally significant.

judicial function

The President of India plays an important role in the judicial system of the country. While the President does not directly engage in the day-to-day workings of the judiciary, several judicial functions are assigned to the office under the Indian Constitution. Here are the key points outlining the President’s judicial functions:

1. Power to Grant Pardons and Clemency (Article 72)
  • The President has the power to grant pardons, reprieves, respites, or remissions of punishment, and to suspend, remit, or commute sentences in certain cases:
    • Death sentences: The President can commute or pardon death sentences.
    • Punishment under Union laws: The President can grant clemency for offenses against laws enacted by the Union.
    • Court-martial sentences: The President has the power to pardon or commute sentences passed by military courts.
2. Appointment of Judges (Article 124 and 217)
  • The President appoints:
    • The Chief Justice of India and the judges of the Supreme Court.
    • The Chief Justices and judges of the High Courts.
  • These appointments are made after consultation with the Chief Justice of India and other judges, as required.
3. Reference of Questions to the Supreme Court (Article 143)
  • The President can refer questions of law or fact of public importance to the Supreme Court for its advisory opinion.
  • The opinion of the Supreme Court is not binding but serves as a legal guideline for the President and the government.
4. Appointment of Judicial Commissions
  • The President can appoint commissions of inquiry to investigate issues of public importance, including judicial matters.
5. Sovereign Immunity
  • Article 361 provides the President with immunity from criminal proceedings during their term of office.
  • The President cannot be sued in civil proceedings during their term in office for any act done in their official capacity without giving two months’ notice.
6. Protection of Fundamental Rights
  • The President is responsible for ensuring that laws passed by Parliament do not violate the fundamental rights guaranteed by the Constitution.
  • Any law violating fundamental rights can be returned to Parliament for reconsideration.
7. Judicial Appointments and Transfers (Article 222)
  • The President has the power to transfer a judge from one High Court to another, after consultation with the Chief Justice of India.
8. Removal of Judges (Article 124 & 217)
  • The President can remove judges of the Supreme Court and High Courts on the basis of proven misbehavior or incapacity, following the procedure for impeachment by Parliament.

These judicial functions of the President play a significant role in maintaining the checks and balances of the Indian judicial system and ensure the protection of constitutional rights and law enforcement in the country.

emergency power of the president

The emergency powers of the President of India are crucial for safeguarding the sovereignty, security, and integrity of the country in extraordinary situations. These powers are granted under the Constitution to deal with threats to the nation. There are three types of emergencies that the President can declare, each under different circumstances. Here are the key points on the emergency powers of the President:

1. National Emergency (Article 352)
  • Grounds for Declaration: The President can declare a National Emergency in cases of:
    • War
    • External aggression
    • Armed rebellion (previously internal disturbance, changed by the 44th Amendment in 1978)
  • Effect on Fundamental Rights:
    • During National Emergency, certain Fundamental Rights, especially the right to freedom under Article 19, can be suspended.
    • All other rights, except those under Articles 20 and 21 (right to life and personal liberty), may also be restricted.
  • Parliament’s Role: The declaration must be approved by both Houses of Parliament within one month.
    • Once approved, the emergency can continue for six months and can be extended indefinitely with parliamentary approval every six months.
  • Impact on Federal Structure: The central government gains the power to direct state governments on all subjects, even those in the State List.
2. President’s Rule (Article 356)
  • Grounds for Declaration: President’s Rule can be imposed in a state when:
    • The President, based on the Governor’s report or otherwise, is convinced that the government of the state cannot be carried on in accordance with the provisions of the Constitution (constitutional breakdown).
  • Effect on State Government:
    • The state legislative assembly may be dissolved or suspended.
    • The President takes over the executive powers of the state, and the Union Government administers the state through the Governor.
  • Parliament’s Role: The proclamation must be approved by both Houses of Parliament within two months.
    • Once approved, President’s Rule can continue for six months and can be extended up to a maximum of three years, with parliamentary approval every six months.
    • Beyond one year, it requires special conditions such as a National Emergency being in force in the country or the specific state.
3. Financial Emergency (Article 360)
  • Grounds for Declaration: Financial Emergency can be declared when:
    • The President is satisfied that the financial stability or credit of India or any part thereof is threatened.
  • Effect on Government Operations:
    • The Union Government can issue financial directions to the states, including reduction of salaries and allowances of government employees, including judges of the Supreme Court and High Courts.
    • The President can direct the states to reserve all money bills for his consideration.
  • Parliament’s Role: The declaration must be approved by both Houses of Parliament within two months.
    • Once approved, the Financial Emergency remains in operation until it is revoked by the President.
4. Parliament’s Role in Reviewing Emergency Powers
  • Parliament has an essential role in reviewing and approving any emergency declared by the President.
  • A National Emergency and President’s Rule can be revoked by a simple majority of Parliament, while a Financial Emergency is in effect until the President decides to revoke it.
5. Revocation of Emergency
  • The President can revoke any emergency proclamation at any time without parliamentary approval.
  • A National Emergency must be revoked if the Lok Sabha passes a resolution disapproving it.
6. Judicial Review
  • The declaration of any emergency is subject to judicial review. The Supreme Court and High Courts can examine the validity of the proclamation if challenged.
7. Impact on Fundamental Rights
  • During a National Emergency, the enforcement of Fundamental Rights (except Articles 20 and 21) may be suspended by a separate order of the President under Article 359.

These emergency powers provide the President with extraordinary authority to manage serious threats to the nation, but they are also subject to strict parliamentary scrutiny and judicial review to prevent misuse and ensure a balance between governance and constitutional safeguards.

appointing authority

The appointing functions of the President of India are among the most significant powers vested in the office, enabling the President to shape the leadership of key institutions in the country. These appointments are usually made on the advice of the Prime Minister and the Council of Ministers, but they play a critical role in the functioning of the executive, judiciary, and other constitutional bodies. Here are the key points regarding the appointing function of the President:

1. Appointment of the Prime Minister (Article 75)
  • The President appoints the Prime Minister, who is usually the leader of the party or coalition with a majority in the Lok Sabha.
  • In case of a hung Parliament, where no single party has a clear majority, the President exercises discretion in appointing the Prime Minister.
2. Appointment of the Council of Ministers (Article 75)
  • The President appoints the other members of the Council of Ministers on the advice of the Prime Minister.
  • The ministers are collectively responsible to the Lok Sabha.
3. Appointment of Governors (Article 155)
  • The President appoints the Governors of the states, who act as the representative of the central government at the state level.
  • Governors hold office at the pleasure of the President.
4. Appointment of Judges (Articles 124 and 217)
  • The President appoints:
    • The Chief Justice of India and other Judges of the Supreme Court.
    • The Chief Justices and Judges of High Courts.
  • These appointments are made after consultation with the judiciary, including the Chief Justice of India.
5. Appointment of the Attorney General of India (Article 76)
  • The President appoints the Attorney General, who is the chief legal advisor to the Government of India.
  • The Attorney General holds office during the pleasure of the President.
6. Appointment of the Comptroller and Auditor General (CAG) (Article 148)
  • The President appoints the CAG, who audits the accounts of the government and ensures financial accountability.
7. Appointment of the Chief Election Commissioner and Other Election Commissioners (Article 324)
  • The President appoints the Chief Election Commissioner (CEC) and other Election Commissioners to supervise and conduct free and fair elections in India.
8. Appointment of Members of Constitutional and Statutory Bodies
  • The President appoints members to several important constitutional bodies such as:
    • Union Public Service Commission (UPSC): Appointment of the Chairperson and members of UPSC.
    • Finance Commission (Article 280): Appointment of the Chairperson and members of the Finance Commission, which recommends the distribution of financial resources between the Union and the states.
9. Appointment of Ambassadors and High Commissioners
  • The President appoints Ambassadors and High Commissioners to represent India in foreign countries.
10. Appointment of the Vice President (Article 63)
  • Though elected by an electoral college, the Vice President discharges functions of the President in case of any vacancy or absence of the President.
11. Appointment of Administrators of Union Territories (Article 239)
  • The President appoints administrators for Union Territories such as Delhi, Andaman & Nicobar Islands, and Chandigarh.
12. Appointment of the Chairperson of the National Commissions
  • The President appoints the Chairpersons of various national commissions, including:
    • National Human Rights Commission (NHRC)
    • National Commission for Scheduled Castes (NCSC)
    • National Commission for Scheduled Tribes (NCST)
13. Appointment of the Chief of the Armed Forces
  • The President, as the Supreme Commander of the Armed Forces, appoints the chiefs of the Army, Navy, and Air Force.
14. Discretionary Appointments
  • In cases where there is no clear majority after a general election, the President may exercise discretion in appointing the Prime Minister.
  • The President also exercises discretion in appointing a caretaker Prime Minister if the sitting Prime Minister resigns or dies, until a new government is formed.

These appointing powers enable the President to influence key areas of governance, the judiciary, and administration, thereby ensuring that constitutional institutions function smoothly and according to the provisions of the law.

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