ROLE OF THE PRESIDENT OF INDIA

POLITICAL SCIENCE- I

BY: RAJAT KUMAR GARG

UID: SM0119038
 INTRODUCTION

• Office of President is given under article 52 of the Constitution.

• Head of the Executive.
• President of India is the head of the Indian State.
• He is the first citizen of India.
• Act as a symbol of unity, security, sovereignty and integrity of India.
• The primary duty as mentioned in the constitution is to protect, preserve and defend the
constitution and laws of country.
• He has various power in relation with Legislative, Executive and other regions also.
 POWER OF THE PRESIDENT OF INDIA

 Appointment Powers
• Appoints various officers and ministers like:
• Attorney General of India.
• Judges of Supreme Court and High Court.
• Prime Minister, Council of Ministers and various portfolios.
• Chairman and members of Union Public Service Commission.
• All India Services like IAS, IPS, IFOS, Central Civil Services.
• Comptroller and Auditor General of India under article 148(1).
• Election Commissioner of India and other election commissioners also.
• Governors of states and Chief Minister of National Capital Territory of Delhi.
• 12 members in Rajya Sabha and 2 members in Lok Sabha from Anglo-Indian Community.
Judicial Powers
• Appoints judges in High Courts and Supreme Court.
• Seeks advice from Supreme Court.
• Ask Attorney general to attend the parliamentary proceedings and report to him any unlawful
functioning if any.
• Per Article 142, it is the duty of the president to enforce the decrees of the supreme court.

 Financial Powers
• President’s prior recommendation in case of Money Bills.
• Annual Financial Statement of India.
• Withdraw money from Contingency Fund of India.
• Constitute Finance Commission.

Diplomatic Powers
• International treaties and agreements on behalf of the President.
• Sends and receives diplomats from Indian Foreign Service such as ambassadors, high commissioners.
 Military Powers
• Indian Armed Forces’ Supreme Commander.
• Appoints the chiefs of the Army, the Navy and the Air Force.
• President may declare war or conclude peace on the advice of the Union Council of Ministers headed by
the prime minister.

 Pardoning Powers
• Punishment or sentence is for an offence against a Union Law
• Punishment or sentence is by a court martial (military court)
• Sentence is a sentence of death.
• Five Powers includes:
• Pardon, Commutation, Remission, Respite, Reprieve.
 ROLE OF PRESIDENT IN INDIAN PARLIAMENT
 Legislative Powers:
• Can dissolve the Lok Sabha.
• Can also call a joint session of both Parliament Houses.
• Decides on questions as to disqualifications of members of the Parliament.
• Prior permission is required to introduce certain types of bills in the Parliament as: Consolidated Fund
of India or bill for alteration of boundaries of states.
• Veto power over the bills or acts of Parliament.
• Three veto powers are there: Absolute Veto- withhold his assent, Suspensive Veto- returns the bill,
Pocket Veto- no action is taken.
• Pass ordinances when Parliament is not in session.
• Regulations for the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman
and Diu’s peace, progress and good governance.
• Member in Lok Sabha and Rajya Sabha can be appointed by him to preside over its proceedings when
the offices of both the Speaker and the Deputy Speaker fall vacant.
 Executive Powers:
• All executive actions of the Government are taken in his name.
• Make rules for more convenient Union government business transactions.
• Seek information regarding administration Union affairs, and proposals for legislation from the Prime
Minister.
• Commissions appointed by him to investigate the conditions of SCs, STs and other backward classes.
• Any area can be declared as the scheduled area by the President and can administer them also.
• Union territories are directly administered by him through the administrators appointed by him.

 Ordinances Making Power:

• Article 123 of the Constitution authorizes the President to issue orders during the legislative recess.
• Both Parliament Houses are not in session or if either of Parliament's two Houses is not in session.
 EMERGENCY POWERS OF PRESIDENT
 National Emergency:
• Under Article 352
• If India's security or part of it is threatened by war or external invasion or armed rebellion.
• Can declare a national emergency even before the actual occurrence of war or international invasion or
armed rebellion.
• National emergency order may be applicable to the country as a whole or even part of it by the 42nd
Amendment Act, 1976.
• Earlier ‘internal disturbance’ was the third ground for National Emergency but it was substitutes by
internal disturbance.
• only after receiving a written opinion from the cabinet can the President declare a national emergency.
• must be approved by both the Houses of Parliament within one month from the date of its issue.
• Three times so far this form of emergency has been proclaimed—
• In 1962 due to Chinese invasion, in 1971 due to Pakistan attack, in 1975 due to internal disturbance.
• In 1975, Indira Gandhi, the then Prime Minister, urged the president to declare an emergency without
consulting her cabinet.
 President’s Rule:
• Article 355 imposes a responsibility on the Centre to ensure that each State's governance is carried out
in compliance with the constitutional provisions.
• Article 356 authorizes the President to issue a decree in the event of a failure of constitutional machinery
in state.
• President may act either on a state governor's report or without it also.
• A decree authorizing the rule of the President must be accepted by both Parliament Houses within two
months of the date of issue.
• Take up the functions of the state government and powers vested in the governor also.
• Declare that the powers of the state legislature are to be exercised by the Parliament.
• Take all other necessary steps including the suspension of the constitutional provisions
• For the first time, President’s Rule was imposed in Punjab in 1951 and till now it has been enforced on
more than 100 occasions since 1950, that is, twice a year on average.
• Yesterday, Presidential Emergency is imposed in Maharashtra due to non formation of Government in
the State.
 Financial Emergency:
• Under article 360 of the Indian Constitution.
• If President is convinced that a condition has arisen in which India or any part of its territory is
threatened with financial stability or credit.
• The 38th Amendment Act, 1975 made the president's satisfaction in declaring a final and absolute
Financial Emergency.
• All Houses of Parliament must approve a proclamation declaring a financial emergency within two
months from the date of issue.
• This implies two things:
a) there is no maximum period prescribed for its operation
b) repeated parliamentary approval is not required for its continuation.
• May be revoked by a subsequent proclamation at any time by the President.
• Such a proclamation does not require the approval of the parliament.
 Conclusion
• President is vital in maintaining the nation’s political unity and guaranteeing the constitutional powers.
• One of the paramount functions of the President is to influence political thought and institutional
direction in the national interest.
• Even President in India is mainly nominal head but he has some powers which made his office
necessary.
• At some places, President is only a person to sign the orders. This is because as he is bound by the
advice of the ministers.
• In various appointments, take advice of Prime Minister, cabinet and Chief Justice of India.
• If refuses to give the assent to a bill then next time he has to give assent to the bill.
• Permission of Prime minister and cabinet in imposing emergency.
• President has some situational discretion:
• It can be inferenced that President has very minimal power on which he can use his discretion. Still he
has a respected and important position in Indian Constitution.
THANK YOU