Powers and function of Indian President
President of India Posses 7 major Powers-
1. legislative power
2. judicial power
3. executive power
4. diplomatic power
5. military power
6. financial power
7. Emergency power
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| President of India - Shree Ram Nath Kovind |
1. Executive Power
President of India has following Executive powers and functions-
All executive actions of the Government of India are taken on his name.
He can appoint the Prime Minister and all other ministers in Government.
He appoint the Attorney General of India determines his remuneration.(Attorney General has his office during the tenure of President.)
He can appoints the Comptroller General and Auditor General of India.
He can appoint Chief Election Commissioner, and election Commissioners.
He can appoint Chairman of UPSC.
He can appoint Governors of States.
He can appoint the Chairman and members of Finance Commission.
He can seek any information relating to the administration from the union.
He can appoint a commission to investigate the conditions of SC, ST and OBCs.
He can appoint inter-state council to promote Centre-State and Inter-State Cooperation.
He directly administrate the union territories by appointing administrator in UTs.
He has power, that he can declare any area as Scheduled area, and administrate that area.
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| Rashtrapati Bhavan of India. |
2. Legislative Powers
The President is an integral part of Parliament of India. He has following powers regarding legislature.
He can summon or prorogue the Parliament and dissolve the Lok Sabha. He can also summon a joint meeting of both the Houses of Parliament, which is presided over by the Speaker of Lok Sabha.
He can send message regarding any pending of bill in Parliament and any legitimate reason.
When the offices of Speaker and Deputy Speaker are fall vacant, he can appoint any member of Lok Sabha to preside the meeting of Lok Sabha. Similarly when the both offices of Rajya Sabha’s Chairman and Deputy Chairman are vacant, he can appoint any member from Rajya Sabha to preside the meeting of Rajya Sabha.
He can Nominates 12 members of the Rajya Sabha form the persons having Special Knowledge or practical experience in literature, Science, Art and Social Service.
He can nominate two member form the Anglo-Indian Community.
He can disqualify the member of Parliament by the consultation of the Election Commission.
His recommendation and permission is needed to introduce bills related to Consolidated fund of India and Alteration of boundaries of states or creation of new state, in Parliament.
When the bill sent to the President he can
-give assent to the bill
-withhold the bill
-return the bill for reconsideration to the Parliament.
When parliament again passes the bill then, president has to give his assent to the bill.
When the bill passes by a state legislature is reserved by the governor for consideration of the President, then president can:
-can give his assent to bill
-can withhold the bill
- direct the governor to return the bill (if it is not a money bill) for reconsideration of state legislature. (it is not obligatory to president to give assent to the bill, parliamentary bill).
He can promulgate ordinance when parliament is not in session.(these ordinance must be approved by the parliament within six weeks from its reassembly)
He can also withdraw an ordinance at any time.
Reports of Comptroller and Auditor General, UPSC, Finance Commission, and other present firstly before its present in parliament.
He can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Ladakh.
He can also make regulations for the peace, progress and good governance in Puduchhery also, only when the assembly is suspend of dissolve.
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| Parliament of India. |
3. Financial Powers
The Financial Powers of president are follows:
1. Money bill can be introduced in the Parliament only with his prior recommendation.
2. Union Budget (annual financial statement) presents before him.
3. He can grant permission to contingency fund of India to meet any unforeseen expenditure.
4. He constitutes a finance commission after every five years to recommend the distribution of revenues between the Centre and the States.
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| Finance Commission of India. |
4. Judicial Powers
The judicial and functions of the President are:
1. He appoints the Chief Justice of India (CJI) of Supreme Court and the High Courts.
2. He can seek advice from the Supreme Court on any question of law and Fact.(However advice is not binding on the President).
3. He can grant pardon, reprieve, respite and remission of punishment, or suspend, remit or commute the sentence of any person convicted of any offence:
- In all cases of Court Martial, Punishment or Sentence is for on Offence against a Union Law.
- In all cases where the punishment is a sentence of death.
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| Supreme Court of India. (Night View) |
5. Diplomatic Powers
Diplomatic powers of the President of India are as follows:
1. The international Treaties and Agreements are negotiated and concluded on behalf of the President. (However, they are the subject to the approval of the Parliament).
2. He represent India in international forums and affairs and sends and receives diplomats like -Ambassadors, High Commissioners and so on.
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| President of India on a Foreign Visit. |
6. Military Powers
The Military Powers of the President are as follows:
1. He is the supreme commander of the defence forces of India.
2. He appoints the chief of the Army, the Navy, and the Air Force.
3. He can declare war or conclude peace subject, to the approval of the Parliament.
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| President of India along CDS. |
7. Emergency Powers
The president of India posses the following power by the Constitution-
a.) National Emergency (Article 352)
b.) President’s Rule (Article 356 & 365)
c.) Financial Emergency (Article 360)
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| Emergency Declared in India due to internal insurgence in 1975. |
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