Powers of President of India

Powers of President of India spans across various areas such as executive, legislative, financial, judicial, diplomatic, military, and emergency contexts. These include roles like making executive decisions, heading the defence forces, pardoning punishments, and managing emergencies. The President also plays a crucial role in maintaining international relations, convening the Parliament, and overseeing financial matters. In this article, you will learn about the various powers and functions of President of India such as Executive, Legislative, Financial, Judicial, Diplomatic, Military and Emergency powers. It is very important topic for GS Paper-2 Polity & Governance of UPSC CSE Exam. To explore more interesting UPSC Polity concepts of class 9 and class 11 similar to Powers of President of India, check out other articles of and IAS Notes of IASToppers. 

Table of Content

• Powers of President of India
• Executive powers of President of India
• Legislative Powers of President of India
• Financial Powers of President of India
• Judicial Powers of President of India
• Diplomatic Powers of President of India
• Military Powers of President of India
• Emergency Powers of President of India
• Conclusion
• FAQs on Powers of President of India 

Powers of President of India

• The President of India holds a range of powerful roles that are important for the functioning of the country.
• From making key executive decisions to handling emergencies, the President’s powers are vast and critical, serving as the backbone of India’s administrative and governance systems.
• There are mainly 7 types of different powers and functions of president of India.

Executive powers of President of India

• The President is the formal entity through which all executive decisions of the Indian government are enacted.
• He can establish rules for more streamlined operations of the Union government and delegate tasks among ministers.
• He holds the ability to make rules on how orders and legal documents issued in his name should be verified.
• He is responsible for appointing the prime minister and other ministers, who serve at his discretion.
• The position of the attorney general of India is appointed by the President, who also sets his remuneration. The attorney general serves at the President’s discretion.
• He has the power to appoint other key positions, including the comptroller and auditor general of India, election commissioners, the Union Public Service Commission’s chairman and members, state governors, the finance commission’s chairman and members, among others.
• He can request any data pertaining to Union affairs and legislative proposals from the prime minister.
• He can insist that the prime minister present any minister’s decision that hasn’t been reviewed by the council of ministers for their consideration.
• He can directly govern the union territories via administrators appointed by him.
• He has the power to establish a commission to investigate the conditions of SCs, STs, and other disadvantaged classes.
• He has the authority to designate any area as a scheduled area and exercises authority over the administration of scheduled and tribal areas.
• He can institute an inter-state council to foster cooperation between the Centre and states, as well as among different states.

Legislative Powers of President of India

• He has the authority to convene or prorogue the Parliament and to end the Lok Sabha’s term.
• He has the power to summon joint session of the two Houses of Parliament.
• He can deliver a speech to the Parliament at the start of its first session following each general election, and the first session of every year.
• He can communicate with the Parliament’s Houses, whether it’s concerning a bill awaiting approval or any other matter.
• In the absence of both the Speaker and the Deputy Speaker of the Lok Sabha, the President can designate any Lok Sabha member to preside over its proceedings. Similarly, they can appoint any member from the Rajya Sabha to take charge when both the Chairman and the Deputy Chairman positions are vacant.
• He can nominate 12 members to the Rajya Sabha from individuals known for their significant knowledge or practical experience in literature, science, art, and social service.
• He makes determinations about the eligibility of members of Parliament. They do this in cooperation with the Election Commission.
• The President’s prior recommendation or approval is required for the introduction of specific types of bills in the Parliament. These include bills that involve spending from the Consolidated Fund of India or bills proposing changes to state boundaries or the establishment of a new state.
• Following the passing of a bill by the Parliament, the President has three potential paths of action.
  • President may agree and approve the bill.
  • President can decide to withhold approval of the bill.
  • If the bill does not concern finances, the President can send it back to the Parliament for another round of deliberation.
  • Exception: if the Parliament passes the same bill for a second time, regardless of whether it has been altered, the President is obligated to provide approval.
• When a state legislature’s bill is forwarded to the President by the governor for review, there are three options. The President can:
  • Either give assent to the bill,
  • Withhold agreement, or
  • Instruct the governor to send the bill back to the state legislature for reconsideration, as long as the bill is not a money bill.
  • Note: President is not required to approve a bill, even if it has been passed again by the state legislature and sent back for his review.
• He has the authority to issue ordinances when the Parliament is not convened. However, these ordinances must obtain Parliament’s approval within six weeks of it reconvening. The President also retains the right to revoke an ordinance at will.
• He is responsible for presenting the reports of various bodies such as the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, among others to the Parliament.
• He has the power to establish regulations for maintaining peace, and ensuring effective governance in specific territories like Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh. In the case of Puducherry, the President has legislative authority to form regulations, but only when its assembly is either suspended or dissolved.

Financial Powers of President of India

• President’s prior recommendation is mandatory to introduce money bills in the Parliament.
• It is the President’s responsibility to present the annual financial statement (Union Budget) to the Parliament.
• Any request for financial grant requires the President’s recommendation before it can be made.
• In case of unexpected expenses, the President has the power to allocate funds from India’s contingency fund.
• Every five years, the President establishes a finance commission to suggest how revenues should be shared between the Central Government and the state governments.

Judicial Powers of President of India

• He has power to appoint the Chief Justice and other judges to the Supreme Court and high courts.
• He can consult the Supreme Court for advice on legal or factual matters. However, any advice given by the Supreme Court is not mandatory (not binding) for the President to follow.
• He holds the power to provide pardon, delay, temporary relief, or reduction of punishment, or to suspend, lessen, or alter the penalty of anyone where:
  • conviction is by a court-martial;
  • crime was committed against a law of the Union; and
  • penalty involves capital punishment.

Diplomatic Powers of President of India

• The President acts as a representative of the nation in international contexts and is responsible for creating and finalizing international agreements and treaties.
• However, any such agreement or treaty requires the Parliament’s endorsement.
• The President also oversees diplomatic relations, including the dispatch and reception of ambassadors and high commissioners among others.

Military Powers of President of India

• As the highest-ranking official of India’s defence forces, the President appoints the leaders of the Army, Navy, and Air Force.
• The responsibility of declaring war or making peace also lies with the President, though these decisions need Parliament’s consent.

Emergency Powers of President of India

Beyond the usual powers, the President also has special authority to manage three different categories of emergencies according to the constitution:

• National emergency as per Article 352
• Invocation of the President’s Rule as per Article 356 & 365
• Financial emergency under Article 360

Conclusion

The President of India’s roles and responsibilities are comprehensive and diverse, underscoring the position’s importance. It encompasses the ability to navigate critical aspects of the nation’s governance, from financial management to legislative enactments, diplomatic relations, and beyond. The powers conferred to the President ensure the continued progression and stability of the nation.

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FAQs(frequently asked question)