Powers of President of India

The Powers of President of India can be studied under the Following Heads:-

1- Executive Powers

2- Legislative Powers

3- Financial Powers

4- Judicial Powers

5- Diplomatic Powers

6- Military Powers

7- Emergency Powers

8- Veto Powers

9- Discretionary Powers

What are Executive Powers of President of India?

(a) The President of India has been constitutionally empowered to make appointment to the following offices:

* Prime Minister of India & on his advise other Ministers.

*  Attorney General of India

* Comptroller and Auditor General of India(CAG)

* The Chief Election Commissioner (CEC) of India & other Election Commissioners

* Chairman and Members of UPSC & Joint State Public Commission

* Governors of States & Lt. Governor/ Commissioner of Union Territories

* Chairman and Members of Finance Commission

(b) He can appoint a commission to investigate into the conditions of S.Cs, S.Ts and O.B.C.

(c) He directly administers the Union Territories through administrators appointed by him.

(d) All executive actions of the government are formally taken under his name.

(e) He can declare any area as Scheduled area.

What are the Legislative Powers of President of India?

(a) He can summon or prorogue  the houses of the Parliament and dissolve Lok Sabha.

(b) He nominates 12 members to Rajya Sabha and 2 members of Anglo Indian Community to Lok Sabha.

(c) Certain bills require prior approval of President for its introduction to the parliament, such as :

* Money Bill

* Financial Bill

* Bills affecting taxation in which states are interested

* State bills imposing restrictions upon freedom of trade

* Creation of new states/ alteration of boundaries of states

(d) He lays the reports of Auditor general, CAG, UPSC, Finance Commission, commission of backward classes, special office for SC & ST before the Parliament.

(e) President has the power to either give assent or withhold his assent to a bill. Without President’s assent a bill cannot become an act.

(f) President holds the final legislative powers to legislate for the Union Territories of Andaman & Nicobar Islands, Lakshadweep, Dadar & Nagar Haveli and Daman & Diu. In case of Pudducherry also, the president can legislate by making regulations but only when the assembly is suspended or dissolved.

(g) He can Promulgate ordinances when Parliament is not in Session, which has to be approved by the Parliament within 6 weeks from its reassembly.

(h) He addresses the houses of Parliament either Jointly or Separately

What are the Financial Powers of President of India?.

(a) He lays the annual financial statement( the Union Budget) before the parliament.

(b) Money bills can’t be introduced in the parliament without his prior recommendation.

(c) He constitutes a Finance Commission for 5 Yrs to recommend the distribution of revenues between the State and the Union.

What are the Judicial Powers of President of India?

President has the power to grant Pardon,Commute,Remit, Respite, or Reprive the sentences of any person in cases:-

If punishment is given

(a)  by court martial

(b) for an offence against law relating to the matter within the executive powers of Union

(c) If punishment is a death sentence.

Pardon Offender is completely Set Free
Commutation It is substitution of one form of Punishment to another Lighter form.
Remission It is reduction of amount of sentence without changing the character of punishment
Respite Awarding a special punishment on Special Ground.
Reprive Temporary Suspension of Death Sentence

What are the diplomatic powers of President of India?

(a) The president has the power to conclude International Treaties and Agreements.However, they are subject to approval of parliament.

(b) He sends and receives diplomats ( ambassadors, high commissioners etc)

What are the Military Powers of President of India?

(a) President is the Supreme Commander of Defense Forces of India.

(b) He can declare war or conclude Peace subject to approval of parliament.

What are the Emergency Powers of President of India?

President has been conferred extraordinary powers to deal with:

(a) National Emergency( article 352)

(b) Presidents Rule ( article 356 and 365)

(c) Financial Emergency(article 360)

These will be discussed in detail in forthcoming articles.

What are the Veto Powers of President of India?

As already discussed, President has the power to either give assent or withhold his assent to a bill. Without President’s assent a bill cannot become an act. In this regard President has three Veto Powers.

Veto Power Explanation
Absolute Veto Reject the Bill on which the bill Lapses.  (except money bill and constitutional amendment bill)
Suspensive Veto Return the bill for reconsideration to the Parliament, but if again the bill is passed by the parliament, it is mandatory for the President to give assent to the bill.
Pocket Veto President can sit over the bill indefinitely.(no time limit has been assigned by the constitution within which president has to give assent to the bill)

What are the Discretionary Powers of President of India?

(a) In selecting the P.M from among the contenders when no single party attains majority after elections to the Lok Sabha.

(b) While exercising Veto Powers

(c) While disqualifying members of legislature.

(d) If council of ministers are voted out in no confidence motion, after resigning, president is not bound to act on the advise of defeated Council of Ministers.

Comments

  1. By ANAND KUMAR SRIVASTAVA

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