Powers of the President of India

Introduction:

The President is the first citizenand head of the State. Helshe has an
important role in the country's governance as the executive powers of
the Union are vested in him.

The President of India is a part of the Union Executive along with

the Vice-President, Prime Minister,Council of Ministers, and Attorney
General of India.

The President's fundamental duty or obligation is to preserve, protect,

and defend the Constitution and law of India.

VARIOUS POWERS OF THE PRESIDENT OF INDIA

1. Executive Powers of the President of India

2. Legislative Powers ofthe President of India
3. Diplomatic Powers of the President of India
4. Military Powers of the President of India
5. Financial Powers of the President of India
6. Ordinance-Making Powers of the President of India
7. Emergency Powers of the President of India
8. Pardoning Power of the President of India
9. Veto Power of the President of India
 Executive Powers of the President of
India
As the President is the executive head of the State. he enjoys
extensive executive powers conferred to him by the Constitution of
India. AIl the executive decisions are taken inthe name of the
President.

He also has the power to make rules for the convenient transaction of
business of the Indian Government.

The President appoints the Indian Prime Minister and, on the advice
of the Prime Minister, other Ministers of the Union, Apart from the
Prime Minister, he also has the power to appoint and remove the
following constitutional officers and the members of the Union
Government.

President:

1. The Prime Minister

Court
2. Judges of the High Court and the Supreme
3. Governors of the State
4. The Attorney-General
5. The Comptroller and Auditor-General
The Chairman and member of the Public Service Commission
6.
member of the Finance Commission and Officials Commission
7. The
Chief Election Commissioner and other Election Commissioners
8.
Castes (SC) and Scheduled Tribes
9. Special officers for Scheduled
(ST)
10. Commission to report on the administration of Scheduled Areas
11. Commission to investigate the conditions of backwardclasses
12. Special Officer for linguistic minorities

Important Note: The President exercises his executive powers with

the advice of the Council of Ministers.

Summary: The Executive Powers of the Indian President are:

Executive decisions are taken in the name of the President.

. Power to make rules for the convenient transaction of business of
the Indian Government.
ToappointPrime Minister, other Ministers of the Union, etc.
Appoint and remove several constitutional officers and members of
the Union Government.

Legislative Powers of the President of

India
The President of India possesses extensive legislative powers. He
can summon and prorogue (discontinue a session of) the Parliament,
and he can evendissolve the House of People (Lok Sabha).
However,this power can be performed by him only with some
restrictions. The President is bound to summon the Parliament only
within six months from the last sittingof the former session. He also
possesses the power to summon a joint sitting of both Houses of
Parliament toresolve the deadlock.
 get the law's sanction, it has to receive the President's
For any Bill to
assent. A Bill for recognising a new State or alteration of State
boundaries can only be introduced in either House of the Parliament
on
after his recommendation, The State Bills for imposing restrictions
freedom of trade and commerce also require his recommendation.

ThePresident can nominate 12 members of the Rajva Sabha.

Note: Earlier, the Indian President also had the power to nominate
two Anglo-Indians to the Lok Sabha. However. the 104th
Constitutional Amendment Act of 2019/2020 abolished the Anglo
Indian seats for the Indian parliament and state legislatures.

Summary: The Legislative Powers of the Indian President are:

1. Summon and prorogue the Parliament.

2. Dissolve the House of People.
3. The President's assent is needed for any Bill to get the law's
sanction.
4. Recommend Bilineither house of the Parliament for recognising a
new state or alteration of state boundaries.
5. The President's recommendation is needed for imposing restrictions
on freedom of trade and commerce in the state.
6. Nominate 12 members to the Rajya Sabha and two Anglo-indians to
the Lok Sabha.
 Diplomatic Powers of the President of
India
Asthe head of the State, the
President sends and receives
Ambassadors and other diplomatic representatives. All international
treaties and agreements are conferred and concluded in the name of
the President. The President is also the representative of India in
international forums and affairs.

Military Powers of the President of India

The President is considered the Supreme Commander of the Defence
Forces of the Country. He has the exclusive power to declare war and
peace. He has the power to appoint the Chief of the Army, Chief of
the Navy, and Chief of the Air Force. However, the military powers of
the President are regulated and controlled by the Parliament.

FinancialPowers of the President of India

Money
The President is also vested with some financial powers. The
President. And
Billis introduced with the prior recommendation of the
President of
he also lays the Union Budget before the Parliament. The
Indiacotrols the Contingency Fund. He has the power to establish
the Finance Commission every five years.

Ordinance-Making Powers of the President of IndiaTo

deal with unforeseen or urgent matters, the President has been
vested with the Ordinance-making power, which is provided
under Article 123 of the Indian Constitution.
 When either or both the Houses of
Parliament are not in
session, and
the President is satisfied that the conditions exist that make it
necessary for him to take immediate action, the President has the
althority to issue an ordinance. And the ordinance issued by him
has the same force as an Act of Parliament.

He also has the power to withdraw such an ordinance at any time.

However, such ordinances need to be laid before both the Houses of
Parliament. And the Parliament is bound toapprove the ordinance
within siX weeks from the date of resumption of the session of the
Parliament.

(1987): In this case,the court

DCWadhwa vs. State of Bihar Case
ordinances, labelling it
condemned the practice of re-promulgating
rules that the Executive's power to
as a 'fraud' on the Constitution. It
sparingly only in exceptional
promulgate ordinances is to be used
circumstances.

can:
Summary: The Indian President

immediate action when either or both

Issue an ordinance for taking
the Houses are not in
session.

Withdravw such an ordinance at any time.

of India
Emergency Powers of the President
to declare an emergency
The President is empowered with the power
State or any part of India.
either in the whole territory of India or in any
He can impose three types of emergency:
 National
1.
external
Emergency provided under Article 352
(due to war,
aggression, or armed rebellion).
o State
Emergency provIded under Article 356 (due to the failure in
constitutional machinery in States).
3. Financial Emergency provided under Article 360 (due to
threat to
the financial stability in India).
He may also suspend the right to move to the
courts for the
enforcement of fundamental rights except for Article 20 and Article
21 during the emergency. Allthe prOceedings pending in any court for
the enforcement of such rights also remain suspended during the
emergency period.

The President also has the power to give directions to any State in
which the State should exercise its executive powers. He may extend

the normal life of the Lok Sabha by 1 year each time up to aperiod
not exceedingsix months after the proclamation ceases to operate.
State officials,
Further, he can also reduce the salaries of any class of
Courts. During the
the Judges of the Supreme Court and the High
proclamation, the
period when the State emergency is in the
the Governor.
President may assume the powers vested in

the Indian President are:

Summary: The Emergency Powers of

He/She can declare an emergency.

the enforcement of
Suspend the right to move to the courts for
fundamental rights.
executive powers.
Give directions to any State to exercise its
. Extend the normal life of the Lok Sabha by 1year.
 Reducethe salaries of any class of State officials, the Judges of the
Supreme Court and the High Courts.
Assume the Governor's powers.

Pardoning Power of the President of India

Question students often ask: Under which Article of the Constitution of
India does the President have the pOwer of pardon or remission?

Article 72 of the Indian Constitution grants pardoning powers to the

President. As per this power, the President of India can pardon,
who
reprieve, respite, commute, or remit the sentence of any person
is convicted of any offence:

1. by Court Martial;
the executive power of
2. against any law relating to amatter to which
the Union extends;
death.
3. in which the sentence is one of

Veto Power of the President of India

the
Article 111of the Constitution of India deals with the veto power of
President. A Bill is introduced in the Parliament after it is presented to
the Indian President for approval. The President is free to either reject
the Bill, return the Bill or withhold his assent to the Bill. The
President's choice over the Billis called his Veto Power.