PRADIP SR

(CONSTITUTION II)
IAMR LAW COLLEGE
Quest:- Discuss the Power and Duties of President.
Ans:-Powers and Duties of President
Introduction
India achieved independence from the United Kingdom on 15 August 1947, initially as a Dominion
within the Commonwealth of Nations with George VI as the King of India, represented in the country by
a Governor-General. Still, following this, the Constituent Assembly of India, under the leadership of Dr.
B. R. Ambedkar, undertook the process of drafting a completely new constitution for the country. The
Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January
1950, making India a republic. The offices of monarch and governor-general were replaced by the new
office of President of India, with Rajendra Prasad as the first incumbent.
Duties of President
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) He is liable for impeachment for violation of
the constitution (Article 61). President is the common head of all independent constitutional entities. All
his actions, recommendations (Article 3, Article 111, etc.) and supervisory powers (Article 78 c, Article
108, Article 111, etc.) on the executive and legislative entities of India shall be in accordance to uphold
the constitution.[11] There is no bar on the actions of the President to contest in the court of law.
Powers of President
1) Legislative powers
Legislative power is constitutionally vested in the Parliament of India of which the president is the head to
facilitate law making process as per constitution (Article 78, Article 86, etc.). The President summons
both the Houses (the Lok Sabha and the Rajya Sabha) of the Parliament and prorogues them. He can
dissolve the Lok Sabha. As per Article 74, President shall abide by the aid and advice of the Council of
Ministers headed by the Prime Minister provided the given advice is in accordance with the constitution.
Article 143 gave power to the president to consult supreme court for constitutional validity of any issue.
The President inaugurates the Parliament by addressing it after the general elections and also at the
beginning of the first session each year. Presidential address on these occasions is generally meant to
outline the new policies of the government.
2) Appointment Powers
The President appoints, as Prime Minister, the person most likely to command the support of the majority
in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the

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other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime
Minister.
The Council of Ministers remains in power during the 'pleasure' of the President.
The President is responsible for making a wide variety of appointments. These include:
 Governors of States
 The Chief Justice, other judges of the Supreme Court and High Courts of India
 The Chief Minister of National capital territory of Delhi (Article 239 AA 5 of the
constitution)
 The Attorney General
 The Comptroller and Auditor General
 The Chief Election Commissioner and other Election Commissioners
 The Chairman and other Members of the Union Public Service Commission
 Vice Chancellor of central university and academic staff of central university through his
nominee
 Ambassadors and High Commissioners to other countries (Only through the list of names
given by the Prime Minister).
3) Financial Powers
All money bills originate in Lok Sabha / House of the people (Article 109). The president shall cause to
be laid before Parliament (Article 112), the Annual Budget and supplementary Budget for its approval.
No money bill can be introduced in Parliament without his assent. The President appoints a finance
commission every five years. Withdrawal from the contingency fund of India is done after the permission
of the President. The Contingency Fund of India is at the disposal of the President.
4) Judicial Powers
The President appoints the Chief Justice of the Union Judiciary and other judges on the advice of the
Chief Justice. He dismisses the judges if and only if the two Houses of the Parliament pass resolutions to
that effect by a two-thirds majority of the members present.
According to Article 143 of Indian Constitution, if the President considers a question of law or a matter of
public importance has arisen, he can ask for the advisory opinion of the Supreme Court.
5) Diplomatic Powers

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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 (especially the Foreign Minister). Also, such treaties are subject to the approval of the Parliament.
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.
6) Military Powers
The President is the Commander-in-Chief of the Defense forces of India. The President can declare war or
conclude peace, subject to the approval of the parliament and the advice of the Prime Minister ,Council of
the Chiefs of Staffs of the Armed Forces, Military Secretary and President's Officer (Deputy Military
Secretary). All important treaties and contracts are made in the President's name. He also appoints the
chiefs of the service branches of the armed forces.
7) Pardoning Powers
mentioned in Article 72 of Indian Constitution, the President is empowered with the powers to grant
pardons in the following situations:
 Punishment is for offence against Union Law
 Punishment is by a Military Court
 Sentence is that of death.
The decisions involving pardoning and other rights by the President are independent of the opinion of the
Prime Minister or the Lok Sabha majority. In most cases, however, the President exercises his executive
powers on the advice of the Prime Minister and the cabinet.
8) Emergency Powers
The President can declare three types of emergencies: national, state, financial under articles 352, 356 &
360 in addition to promulgating ordinances under article 123.
 National Emergency
National emergency can be declared in the whole of India or a part of its territory on causes of war or
armed rebellion or an external aggression.
Under Article 352 of the India Constitution, the President can declare such an emergency only on the
basis of a written request by the Cabinet Ministers headed by the Prime Minister. Such a proclamation
must be approved by the Parliament within one month. Such an emergency can be imposed for six

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months. It can be extended by six months by repeated parliamentary approval, there's no maximum
duration.
In such an emergency, Fundamental Rights of Indian citizens can be suspended.The six freedoms under
Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot
be suspended.(Article 21)
 State Emergency- If the President is satisfied, on the basis of the report of the Governor of the
concerned state or from other sources that the governance in a state cannot be carried out according to the
provisions in the Constitution, he can declare a state of emergency in the state. Such an emergency must
be approved by the Parliament within a period of 2 months.
Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of
three years with repeated parliamentary approval every six months.
A State Emergency can be imposed via the following:
 By Article 356 – If that state failed to run constitutionally i.e. constitutional machinery has failed
 By Article 365 – If that state is not working according to the given direction of the Union
Government.
This type of emergency needs the approval of the parliament within 2 months. It can last up to a
maximum of three years via extensions after each 6-month period. However, after one year it can be
extended only if
1. A state of National Emergency has been declared in the country or in the particular state.
2. The Election Commission finds it difficult to organize an election in that state.
 Financial Emergency
Under Article 360 of the constitution, President can proclaim financial emergency when the financial
stability or credit of the nation or of any part of its territory is threatened. However till now, no guide lines
defining the situation of financial emergency in the entire country or a state or a union territory or a
panchayat or a municipality or a corporation, are framed either by finance commission or by central
government. Such an emergency must be approved by the Parliament within two months by simple
majority. It has never been declared. A state of financial emergency remains in force indefinitely until
revoked by the President.
The President can reduce the salaries of all government officials, including judges of the Supreme Court
and High Courts, in case of a financial emergency. All money bills passed by the State legislatures are

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submitted to the President for approval. He can direct the state to observe certain principles (economy
measures) relating to financial matters
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Position of President
The President of India is the formal head of the executive, legislature and judiciary of India and is the
commander-in-chief of the Indian Armed Forces Powers and Position of President of India
Art- 53(1) says that 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 the constitution.
Thus the President of India has been given wide and far-reaching powers which he enjoys both during
normal and emergency time. But after the passing of the Constitution Forty-Second (1976) and Forty-
Fourth (1978) Amendment Acts, the President of our Republic has become a Constitutional figurehead
and nothing beyond that. The Supreme Court through various decisions has upheld the position that the
President is a constitutional head and as such he is as much bound by the advice of his Ministers during
emergency as during normal time.
Position of President prior to 42nd Amendment Act of 1976
Explaining the position of the president in the Constituent Assembly Dr. Ambedkar said: “Under the
Draft Constitution the president occupies the same position as the King under the English Constitution.
He is the head of the State but not does not rule the nation. He is the symbol of the nation. His place in the
administration is that of a ceremonial device on a seal by which the nation’s decisions are made known.
He will be generally bound by the advice of the Ministers. He can do nothing contrary to their advice nor
can do anything without their advice.”
Dr. Rajendra Prasad expressed a similar view in these words:
“Although there is no specific provision of the Constitution itself making it binding on the president to
accept the advice of his ministers, it is hoped that the convention under which in England the King
always acted on the advice of his Ministers, would be established of this country also and the president
would become constitutional president in all matters.”
Case- Ram Jawaya v. State of Punjab
The Court observed, “Under Art- 53(1) of our constitution the executive power of the union is vested on
the president but under Art 74 there is to be a council of ministers with the prime minister as the head to
aid and advice the president in the exercise of his functions. The president has thus been made a formal or

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constitutional head of the executive and the real executive powers are vested in the ministers or
cabinet…..”
Case- UN Rao v. Indira Gandhi
The Supreme Court held that even after the dissolution of the Lok Sabha the council of ministers does not
cease to hold office. Art- 74(1) is mandatory and therefore the president cannot exercise the executive
power without the aid and advice of the Council of Ministers.
Position of President after 42nd Amendment Act, 1976
This amendment removes all doubts about the position of the president under the Indian Constitution. It
has amended Art- 74 of the Constitution which makes it clear that the president shall be bound by the
advice of the council of ministers. It says : “ there shall be council of ministers with the Prime minister at
the head to aid and advice the president who shall, in exercise of his functions act in accordance with such
advice”.
44th Amendment Act, 1978- This amendment has inserted the following proviso in clause (1) of Art- 74:
“Provided that the president may require the council of ministers to reconsider such advice, either
generally or otherwise, and the president shall act in accordance with the advice tendered after such
reconsideration.” The 44th Amendment recognizes this limited but essential role of the president under the
Indian Constitution. But the weak position of the president does not mean that his office is superfluous.
He is the symbol of Indian National Unity. He plays a vital role in the working of the government. Being
impartial and above party politics, he exerts or is likely to exert his influence on the decisions of the prime
minister.

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