President of India: Powers and Functions Explained for UPSC SSC

Executive Powers

The President of India is the nominal executive head of the Union. All executive actions of the Government of India are formally taken in their name. The President appoints the Prime Minister and other ministers on the advice of the Prime Minister. They also appoint the Attorney General of India, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and members of the Union Public Service Commission, Governors of states, and Ambassadors and High Commissioners. All these appointments are made under specific constitutional articles. For instance, the appointment of the Prime Minister is covered under Article 75. The President also has the power to make rules for more convenient transaction of business of the Government of India and for the allocation among Ministers of the said business. They are also the Supreme Commander of the Defence Forces of India, exercising this power in accordance with law.

Legislative Powers

The President is an integral part of the Parliament of India, though not a member of either House. They have the power to summon and prorogue the sessions of Parliament and to dissolve the Lok Sabha. The President addresses the first session of Parliament after each general election and the first session of each year, outlining the government's policies and programmes. A bill passed by both Houses of Parliament cannot become an Act without the President's assent (Article 111). They can either give assent, withhold assent, or return the bill for reconsideration (except money bills). The President can also issue ordinances when both Houses of Parliament are not in session (Article 123). These ordinances have the same force as an Act of Parliament but must be approved by Parliament within six weeks of its reassembly. The President nominates 12 members to the Rajya Sabha from persons having special knowledge or practical experience in literature, science, art, and social service (Article 80).

Financial and Judicial Powers

Regarding financial powers, a Money Bill can be introduced in Parliament only with the President's prior recommendation (Article 117). The President causes the Annual Financial Statement (Budget) to be laid before both Houses of Parliament. No demand for a grant can be made except on their recommendation. They also constitute a Finance Commission after every five years to recommend the distribution of revenues between the Centre and the states (Article 280). In terms of judicial powers, the President appoints the Chief Justice and other judges of the Supreme Court and High Courts. They can seek advice from the Supreme Court on any question of law or fact of public importance (Article 143), though the advice is not binding. The President has the power to grant pardons, reprieves, respites, remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offence (Article 72). This power extends to cases involving court-martial, offences against Union law, and death sentences.

Emergency Powers

The Constitution vests three types of emergency powers in the President. These are National Emergency (Article 352), President's Rule (State Emergency, Article 356 and 365), and Financial Emergency (Article 360). A National Emergency can be declared on grounds of war, external aggression, or armed rebellion. President's Rule can be imposed in a state if the President is satisfied that the government of the state cannot be carried on in accordance with the provisions of the Constitution. A Financial Emergency can be declared if the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of its territory is threatened. These powers are extraordinary and are exercised under specific conditions and parliamentary approval. The President acts on the advice of the Council of Ministers while exercising these emergency powers, especially after the 44th Amendment Act of 1978, which added safeguards against misuse.

Important Keywords Explained

Electoral Collegeconcept

The body that elects the President of India. It consists of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the states and the Union Territories of Delhi and Puducherry. Nominated members do not participate in the election.

Ordinanceconcept

A temporary law issued by the President when Parliament is not in session. It has the same force as an Act of Parliament but must be approved by Parliament within six weeks of its reassembly. This power is granted under Article 123 of the Constitution.

Veto Powerconcept

The power of the President to withhold assent to a bill passed by Parliament. There are three types: Absolute Veto (withholding assent), Suspensive Veto (returning for reconsideration), and Pocket Veto (taking no action). Money Bills cannot be returned for reconsideration.

Article 72act

This constitutional article grants the President of India the power to grant pardons, reprieves, respites, remissions, or to suspend, remit, or commute sentences in certain cases, including death sentences and court-martials.

Additional Facts & Context

• The President's salary is 5 lakh rupees per month.
• Dr. Rajendra Prasad was the first President of India, serving from 1950 to 1962.
• The minimum age to be eligible for President is 35 years.
• The President can be removed from office by impeachment for violation of the Constitution (Article 61).
• There have been 15 Presidents of India as of 2024.