Indian president

Introduction
“Indian President enjoys no powers but he can exercise a lot of influence” (Jawaharlal
Nehru)
The Indian President is the ceremonial head of State. He is the chief executive head of the
Union Government. Current President is Ram Nath Kovind. All of the executive powers vested
in the president are, in practice, exercised by the prime minister (a subordinate authority) with
the help of the Council of Ministers.The president is bound by the constitution to act on the
advice of the prime minister and cabinet.

Election
The president is indirectly elected by an electoral college comprising the Parliament of India
(both houses) and the legislative assemblies of each of India's states and territories, who
themselves are all directly elected.
A president must be:
- A citizen of india
- Of 35 years of age or above
- Qualified to become a member of the Lok Sabha

Duty
The primary duty of the president is to preserve, protect and defend the constitution and the law
of India as made part of his oath (Article 60 of Indian constitution).

Powers:
Leadership and Oversight
- Proving majority in the parliament: In 1979, PM Charan Singh, did not enjoy a
parliamentary majority. He responded to this by simply not advising the president to
summon parliament. Since then, presidents have been more diligent in directing
incoming Prime Ministers to convene parliament and prove their majority within
reasonable deadlines
Executive Powers:
- Per Article 53, the executive power of the country is vested in the president and is
exercised by president either directly or through officers subordinate to him in
accordance with the constitution.
- Makes important appointments such as governors, ambassadors, CJ, attorney general
- Can promulgate ordinances (Art 123)
Military and emergency powers
- Supreme commander of the defence forces of the union
- Can take military action in the case of danger but has to be approved by the parliament
- Can declare national emergency
- Can declare state emergency: If that state failed to run constitutionally OR If that state is
not working according to the constitution.
Legislative Powers:
- Summons, adjourns and prorogues both the houses of parliament
- Dissolves the Lok Sabha on the advice of the Prime Minister
- Bills always have to be signed by him before becoming laws:
- Return of a Bill: The constitution gives the president the power to return a bill unsigned
but it circumscribes the power to send it back only once for reconsideration. If the
parliament sends back the bill with or without changes, the president is obliged to sign it.
In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding the
exclusion of certain offices from the scope of 'offices of profit'
- He cannot hold his assent from bills other than money bills
- Vetoing of a Bill: Since the Indian constitution does not provide any time limit within
which the president is to declare his assent or refusal, the president could exercise a
"pocket veto" by not taking any action for an indefinite time. The veto was used in 1986
by President Zail Singh over the Postal Bill, arguing that its scope was too sweeping and
would give the government arbitrary powers
- Can issue an ordinance which becomes an act of parliament
- however it has to be approved within 6 weeks by the parliament
Financial Powers:
- A money bill can be introduced in the parliament only with the president's
recommendation.
- The president lays the Union budget before the parliament.
- The president constitutes a Finance Commission after every five years to recommend
the distribution of the taxes between the centre and the States.
- Can proclaim a financial emergency when the financial stability or credit of the nation
or of any part of its territory is threatened.
Judicial Powers:
- Grant pardon, reprieve or remission of punishment to any convict, particularly in all
cases involving punishment with death.
- Appoints judges of the High Courts and Supreme Court w/ their consultation
- Can ask the attorney general to attend the parliamentary proceedings and report to him
any unlawful functioning if any.
- If the president considers a question of law or a matter of public importance has arisen,
he can also ask for the advisory opinion of the supreme court
Diplomatic powers
- All international treaties and agreements are negotiated and concluded on behalf of the
president. However, in practice, such negotiations are usually carried out by the prime
minister along with his Cabinet
- The president represents India in international forums and affairs where such a function
is chiefly ceremonial.
- The president may also send and receive diplomats, i.e. the officers from the Indian
Foreign Service.
- The president is the first citizen of the country.
Legal Immunities:
 - Not answerable to any court of law for the exercise and performance of the powers and
duties of his office.
- No criminal action can be taken against him in any court in India during the term of his
office.
Emergency Powers:
The Constitution envisages three kinds of emergencies:
- War, external aggression or armed rebellion.
- Failure of the constitutional machinery in the States.
- Threat to financial stability or credit of India.
President and the Cabinet:
- Council of Ministers with the prime minister to advise him
- the Constitution does not bind the President to follow the advice of the ministers

Conclusion
In the opinion of Dr. K. V. Rao, “the survey of the powers of the President clearly shows that our
constitution creates a very powerful executive, perhaps the most powerful in the world. With his
powers regarding issuing of ordinances, declaration of emergency, suspension of autonomy of
the States, suspension of fundamental rights, this statement is more than justified.”