President of India- Relevance for UPSC Exam
- GS Paper 2: Indian Constitution- Historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
President of India
- The President of India is the nominal head of the state of India. The President of India is also considered as the first citizen of the Indian State.
- President of India is a part of Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.
- Part V of the Constitution of India from Article 52 to Article 78 deals with the Union Executive under which also comes President of India.
- Article 52 of the Constitution of India states that ‘there shall be a President of India’.
Executive Powers of President
Some of the Executive Powers of the President that are defined under Article 53 of the Constitution-
- The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
- Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union Shall be vested in the President and the exercise thereof shall be regulated by law.
- Nothing in this article shall –
- be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
- prevent Parliament from conferring by law functions on authorities other than the President.
Appointments made by the President of India
- The President is entrusted with appointing the attorney general of India and determining his/her remuneration. This he does on the aid and advice of the Council of Ministers (CoM).
- He appoints the following:
- Comptroller and Auditor General of India (CAG)
- Chief Election Commissioner and other Election Commissioners
- Chairman and members of the Union Public Service Commission
- State Governors
- Finance Commission of India chairman and members
- Appointment of Chief Justice and Supreme Court/High Court Judges
- National Commission of Backward Classes
- National Commission of Scheduled Caste
- National Commission of Schedule Tribe
- Inter-state Council
- Administrators of Union Territories
Communication with Council of Minister
- President of India seeks administrative information from the Union government.
- President may require PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council of ministers.
- He can also ask Prime Minister to furnish information relating to the administration of the affairs of the Union and proposals for legislation.
Related to Administration of Scheduled Areas
- He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.
Legislative Powers of President
Related to Parliamentary Functioning
- The President of India is entrusted with the responsibility to summons or prorogues Parliament and dissolve the Lok Sabha.
- Joint Sitting of Parliament: President summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock.
- Joint Address to Parliament: President also addresses the Indian Parliament at the commencement of the first session after every general election.
- Appointments: The President of India appoints-
- Speaker and Deputy speaker of Lok Sabha, and
- Chairman/Deputy chairman of Rajya Sabha
- Nomination Powers:
- Rajya Sabha: He nominates 12 members of the Rajya Sabha
- Lok Sabha: He can nominate two members to the Lok Sabha from the Anglo-Indian Community
- Disqualifications of MPs: President consults the Election Commission of India on questions of disqualifications of MPs when needed.
- Prior Approvals to Certain Bills: He recommends/ permits the introduction of certain types of bills like-
- Money Bills
- Creation/Alteration of Boundary of a state
- Certain types of Financial Bill
- Ordinance Making Power: He has powers to promulgate ordinances when one or both houses of the Parliament is not in session.
- Laying Reports in Parliament: President of India also lay down certain reports before the Parliament. These are the reports of-
- Comptroller and Auditor General
- Union Public Service Commission
- Finance Commission, etc.
Financial Powers of President
- Money Bills: Prior recommendation of the president is required to introduce the money bill in the Lok Sabha.
- Introduction of Annual Budgets: He causes Union Budget to be laid before the Parliament
- Administration of Contingency Fund of India: Contingency Fund of India is administered under the overall control of the President of India.
Judicial Powers of President
Pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence.
- The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any persons convicted of any offence –
- In all cases where the punishment of sentence is by a Court Martial;
- In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
- In all cases where the sentence is a sentence of death.
Diplomatic Powers of President
- International Treaties and agreements that are approved by the Parliament are negotiated and concluded in the name of the President of India.
- He is the representative of India in international forums and affairs
Military Powers of President
The President of India is the commander of the defence forces of India. He is entrusted with the appointment of-
- Chief of the Army
- Chief of the Navy
- Chief of the Air Force
- Chief of Defense Staff
Emergency Powers of President
Three types of emergencies given in the Indian Constitution are imposed under the name of President of India-
- National Emergency (Article 352)
- President’s Rule (Article 356 & 365)
- Financial Emergency (Article 360)
Emergency Powers of the President of India will be discussed in detail.