RTUEE / EC / EEEYr 2023 · Sem 52023

Q1Indian Constitution

Question

10 marks

Q.1. [CO2] (K2) Explain the powers of the President of India.

Answer

The President of India, as constitutional/nominal head of state under Article 53, holds executive, legislative, judicial, financial, military and emergency powers, most of which are exercised on the aid and advice of the Council of Ministers headed by the Prime Minister.

The President of India is the constitutional head of state, elected indirectly by an electoral college comprising elected members of both Houses of Parliament and elected members of State Legislative Assemblies, for a term of five years. Under Article 53, the executive power of the Union is vested in the President, but by convention and the 42nd/44th Amendments (which added Article 74(1)), the President must act on the aid and advice of the Council of Ministers headed by the Prime Minister, making the office largely ceremonial/nominal in ordinary functioning, though retaining important discretionary and emergency powers.

Executive powers: The President appoints the Prime Minister (and other ministers on the PM's advice), the Governors of states, the Chief Justice and judges of the Supreme Court and High Courts, the Attorney General, the Comptroller and Auditor General, and members of the UPSC and Election Commission. All executive action of the Union Government is formally taken in the President's name.

Legislative powers: The President summons and prorogues sessions of Parliament, can dissolve the Lok Sabha, addresses the first session of Parliament after each general election, gives assent to bills passed by Parliament (or may return non-money bills for reconsideration, though must assent if passed again), and can promulgate Ordinances under Article 123 when Parliament is not in session, which have the force of law for a limited period. The President also nominates 12 members to the Rajya Sabha for their contributions to art, literature, science and social service.

Judicial powers: The President can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute sentences, particularly in cases involving death sentence, court-martial sentences, or offences against Union laws, under Article 72.

Financial powers: Money bills can only be introduced in Parliament with the President's prior recommendation; the President causes the Union Budget to be laid before Parliament each year and controls the Contingency Fund of India.

Military powers: The President is the Supreme Commander of the Indian Armed Forces and appoints the chiefs of the Army, Navy and Air Force, though decisions on war and peace are taken by the Council of Ministers.

Emergency powers: Perhaps the President's most significant discretionary powers arise under the three types of emergency provisions: National Emergency (Article 352, on grounds of war, external aggression or armed rebellion), President's Rule / State Emergency (Article 356, when a state's constitutional machinery fails), and Financial Emergency (Article 360). During these emergencies, the President can assume sweeping powers including suspending fundamental rights (except Articles 20 and 21), taking over state administration, and altering the normal distribution of revenues between Centre and states, making the emergency powers a critical safety-valve mechanism to preserve national unity and constitutional governance in extraordinary circumstances.

In situations of political ambiguity, such as a hung Assembly/Lok Sabha or conflicting advice, the President also retains limited discretionary powers — for example, in deciding whom to invite to form a government when no party has a clear majority, or in exercising a 'pocket veto' by simply not acting on a bill. These discretionary powers, though rarely and cautiously exercised, underline that the President is not a purely rubber-stamp office but retains a residual constitutional role as guardian of the process when normal conventions do not provide a clear answer.

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