President of India: Powers and Functions Explained for UPSC SSC

Executive Powers

The President of India is the chief executive head of the Union. All executive actions of the Government of India are formally taken in their name. Article 53 of the Constitution states that the executive power of the Union shall be vested in the President. They appoint the Prime Minister and other ministers on the advice of the Prime Minister. The President also appoints 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 to other countries.

All major decisions and treaties are made in the President's name. They can also make rules for more convenient transaction of business of the Union government. The President has the power to declare any area as a Scheduled Area and has powers with respect to the administration of Scheduled Areas and Tribal Areas. They also have the power to appoint an inter-state council to promote cooperation between states and the Centre.

Legislative Powers

The President is an integral part of the Parliament of India, though not a member of either House. Article 85 empowers the President to summon and prorogue the sessions of Parliament and to dissolve the Lok Sabha. They can address both Houses of Parliament jointly at the commencement of the first session after each general election and the first session of each year. The President can also send messages to either House of Parliament regarding a bill pending in Parliament or any other matter.

No bill can become an Act without the President's assent. When a bill is presented to the President after being passed by both Houses of Parliament, they can either give assent, withhold assent, or return the bill for reconsideration (except for money bills). The President can also promulgate ordinances when Parliament is not in session, under 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. They can also nominate two members to the Lok Sabha from the Anglo-Indian community, if they are of the opinion that the community is not adequately represented (this provision was discontinued by the 104th Constitutional Amendment Act, 2019).

Financial and Judicial Powers

The President has significant financial powers. A money bill can be introduced in Parliament only with the President's prior recommendation. The Annual Financial Statement, also known as the Union Budget, is laid before Parliament on the President's recommendation. No demand for a grant can be made except on their recommendation. The President can also make advances out of the Contingency Fund of India to meet unforeseen expenditures. They constitute a Finance Commission every five years to recommend the distribution of revenues between the Centre and the states.

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 under Article 143. However, the Supreme Court is not bound to give such advice, and the President is not bound to accept such advice. The President also has the power to grant pardons, reprieves, respites, remissions, and commutations of punishment, or to suspend or remit sentences of any person convicted of any offense, under Article 72. This power extends to cases involving court-martial, offenses against Union law, and death sentences.

Emergency Powers

The President possesses three types of emergency powers under the Constitution. These are National Emergency (Article 352), State Emergency (President's Rule, Article 356), and Financial Emergency (Article 360). A National Emergency can be declared on the grounds of war, external aggression, or armed rebellion. This leads to a temporary shift from a federal to a unitary form of government. The President can declare a State Emergency if they are satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. This is often referred to as President's Rule.

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. During a financial emergency, the Union government can give directions to states to observe canons of financial propriety. Salaries and allowances of all or any class of persons serving the Union or a state, including Supreme Court and High Court judges, can be reduced. These emergency powers are crucial for maintaining the sovereignty, unity, integrity, and security of the country.

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. The election is held in accordance with the system of proportional representation by means of the single transferable vote.

Ordinanceconcept

A temporary law promulgated by the President when Parliament is not in session. It has the same force and effect as an Act of Parliament but must be approved by Parliament within six weeks of its reassembly. The President can withdraw an ordinance at any time.

Pardon Powerconcept

The power of the President under Article 72 to grant pardons, reprieves, respites, remissions, suspensions, or commutations of punishment. This power is independent of the judiciary and can be exercised in cases of court-martial, offenses against Union law, and death sentences.

President's Ruleconcept

Also known as State Emergency, declared under Article 356 when the President is satisfied that the government of a state cannot be carried on in accordance with the provisions of the Constitution. The state executive and legislative powers are then exercised by the Union.

Additional Facts & Context

• The President holds office for a term of five years (Article 56).
• Dr. Rajendra Prasad was the first President of India (1950-1962).
• The minimum age to be eligible for President is 35 years (Article 58).
• The President can be removed by impeachment for violation of the Constitution (Article 61).
• There have been 3 National Emergencies declared in India (1962, 1971, 1975).