Unraveling the Key Powers of the President of India: An Overview

The powers of President of India helps improve our democrаcy more than the rest of the world. The President of India holds significant powers as the head of state and is often referred to as the “first citizen” of India. Positioned within the Union Executive, the President’s role is defined by various articles of the Constitution, notably Articles 52 and 62, which detail the President’s election process, powers, functions, and the procedures for impeachment. Alongside the Vice-President, Prime Minister, Council of Ministers, and the Attorney-General of India, the President forms an integral part of the Union Executive.

Who is the President?

In the context of India, the President holds the position of the executive head of state and serves as the commander-in-chief of the Indian Armed Forces. Additionally, the President is recognized as the foremost citizen of the nation, embodying symbols of solidarity, unity, and national integrity. As a crucial component of the Union Executive, the President plays a pivotal role in the governance of the country.

Droupadi Murmu set a record by becoming the President of India, as she was the second female candidate to win, and secondly, she hails from a tribal community. She belongs to the Santhal tribe in India.

• She is the first tribal woman to have ever held the highest post.
• She is also the first President of India who was born in the post-Independence era.
• Her earlier profession was that of a teacher in Odisha before she entered politics and became an MLA.

How is the President Elected?

• The President of India is not directly elected; instead, an electoral college chooses them. This electoral college consists of elected members from:
  • Lok Sabha and Rajya Sabha
  • Legislative Assemblies of states (Legislative Councils are not involved)
  • Legislative Assemblies of Union Territories of Delhi and Puducherry
• The President serves for a term of five years with no limit on the number of terms they can serve.
• Impeachment is the process through which a President can be removed from office, although it is a complex procedure.
• The President is prohibited from concurrently holding a position in either the House of Parliament or any state legislature.

What are the Qualifications of the President?

The functions and powers of president of India in the nation’s governance are crucial. The Indian Constitution meticulously defines the qualifications and conditions for this position to ensure that the person holding office is well-prepared and can serve as a force for the country.

Qualifications of President of India

• Citizenship: The individual must be a citizen of India, emphasizing their loyalty and commitment to the nation.
• Age Requirement: The individual must be at least 35 years old. This age requirement ensures that the individual has the necessary life experience and maturity to handle the responsibilities of the role.
• Eligibility for Lok Sabha: The individual must meet all the criteria to be a member of the Lok Sabha, which includes being a registered voter and not being disqualified under any law.

Conditions of the President’s Office:

• Term Length: The President of India serves a five-year term. There is no provision for re-election, ensuring impartiality and independence in their role.
• Election Process: The President is elected by an Electoral College consisting of members from Parliament and State Legislative Assemblies. This indirect election process aims to represent all sections of society in the country.

What are the powers and functions of the President of India?

The President of India plays an important role in the country’s structure, serving as the ceremonial head of state. With a range of powеrs and responsibilities, the President performs functions that contribute to the functioning of the Indian government.

1. Executive powers of President of India

• All executive actions of the Government of India are formally executed in the President’s name.
• The President have the authority to establish rules governing how orders and other instruments executed in their name are authenticated.
• Rules for facilitating the conduct of Union government business and the allocation of this business among ministers can be established by the President.
• Appoint the Prime Minister and other ministers, who serve at their discretion.
• Appoint Governors of States, the Attorney General of India, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Chairman and Members of the Finance Commission, among others.
• Information pertaining to the administration of Union affairs and legislative proposals can be requested from the Prime Minister by the President.
• Can require the Prime Minister to present any matter decided upon by a minister, but not yet considered by the Council of Ministers, for the Council’s review.
• They can establish commissions to investigate the conditions of backward classes.
• An Inter-State Council can be appointed by the President to foster cooperation between the Centre and States.
• Directly oversee the Union Territories through administrators appointed by them.
• Possess the authority to designate any area as a Scheduled area and wield powers concerning the administration of Scheduled areas and tribal areas.

2. Legislative powers of President of India

• Have the authority to convene or adjourn Parliament and dissolve the Lok Sabha.
• Can summon a joint session of both Houses of Parliament, chaired by the Speaker of the Lok Sabha.
• Deliver an address to Parliament at the beginning of each new session and each new year.
• Messages can be sent to Parliament by the President, concerning pending bills or other matters.
• In the absence of the Speaker and Deputy Speaker (in the Lok Sabha) or Chairman and Deputy Chairman (in the Rajya Sabha), the President appoint a member of either house to preside.
• Nominate 12 members to the Rajya Sabha who have expertise in literature, science, art, or social service.
• Used to nominate two members to the Lok Sabha from the Anglo-Indian community, a provision now discontinued by the 104th Constitutional Amendment Act of 2019.
• They decide on disqualifications of Parliament members in consultation with the Election Commission of India.
• Prior recommendation or permission from the President is required to introduce certain bills in Parliament, including those involving expenditure from the Consolidated Fund of India, state boundary alterations, money bills, tax imposition or variation affecting states, agricultural income definition changes for income tax purposes, principles of money distribution to states, and surcharge imposition on specified taxes or duties.
• Certain bills in State Legislatures require the President’s prior sanction, such as bills restricting trade, commerce, or intercourse.
• Upon receiving a bill passed by Parliament, the President can assent to it, withhold assent (except money bills, which must be returned for reconsideration), or return it for reconsideration.
• Similarly, if a bill passed by a State Legislature is reserved for the President’s consideration by the Governor, they can assent, withhold assent, or direct the Governor to return it for reconsideration (excluding money bills).
• May promulgate ordinances when Parliament is not in session, which must be approved within six weeks of Parliament reconvening; they retain the right to withdraw ordinances at any time.
• Present reports from institutions like the Comptroller and Auditor General, Union Public Service Commission, and Finance Commission to Parliament.
• Have authority to issue regulations for governance in Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, and Ladakh. In Puducherry, they can legislate through regulations only when the assembly is suspended or dissolved.

3. Judicial powers of President of India

• Appoint the Chief Justice and judges of the Supreme Court and High Courts.
• Have the authority to seek advice from the Supreme Court on legal or factual matters, although this advice is not binding.
• Can grant pardons, reprieves, respites, and remissions of punishment, or suspend, remit, or commute sentences for individuals convicted under:
• Court-martial rulings,
• Union Law violations,
• Death sentences.

4. Financial Powers of President of India

• Money bills require their prior recommendation before being introduced in Parliament.
• They ensure that the Annual Financial Statement (Union Budget) is presented before Parliament.
• No grant can be proposed without their recommendation.
• They have the authority to authorize advances from the Contingency Fund of India to cover unforeseen expenses.
• They establish a Finance Commission every five years to propose the allocation of revenues between the Centre and the States.

5. Diplomatic powers of President of India

• International treaties and agreements approved by Parliament are negotiated and finalized under their authority.
• Represent India in international forums and affairs.

6. Military powers of President of India

• The President oversees the defense forces of India and appoints the Chief of the Army, Chief of the Navy, and Chief of the Air Force.

7. Emergency powers of President of India

They handle three categories of emergencies outlined in the Indian Constitution:

• National Emergency (Article 352)
• President’s Rule (Article 356 & 365)
• Financial Emergency (Article 360)

What is the Procedure for the Impeachment of a President?

The process of impeаching the President is a complex оne. Initiating it is only possible if there is evidence of a violation of the constitution. The steps for impeachment are оutlined in Article 61 of the Indian Constitution, which includes:

• To start the impeachment process, аt least оne-fourth of the Lok Sabha or Rajya Sabha members must sign а proposal.

• The proposal is then submitted to the prеsiding officer of the House (either the Speaker of Lok Sabha or the Chairman of Rajya Sabha).

• If the presiding officer accepts the propоsаl, it is referred to a committee for investigation. This committee comprises members chosen from both Houses.

• If this committee finds evidence supporting that the President has violated the Constitution, the motion to impeach is brought forward in the House where it was initially proposed.

• A two-thirds majority vote from all members of the House is required to pass this motion. Once passed, it will be presented in the House for consideration.

• If both the Houses approve this motion with а two-thirds majority vote, it results in impeachment. Thus leading to a vаcancy in the presidential office.

Ordinance-Making Power of the President of India

One of the important Powers of the President of India is the ordinance-making power it’s a significant constitutional provision that allows for immediate legislative action. This power is governed by Article 123 of the Indian Constitution. Here are the key aspects of this power:

• Definition: An ordinance is a law promulgated by the President of India when the Indian Parliament is not in session. It has the same effect as an Act of Parliament but is only valid for a limited period.

• Conditions for Promulgation: The President can only promulgate an ordinance when either of the Houses of Parliament is not in session. The President must be satisfied that circumstances exist that render it necessary for him to take immediate action.

• Approval by Parliament: After the ordinance has been passed, it is required to be approved by Parliament within six weeks of reassembling. The ordinance will cease to operate if disapproved by either House.

• Withdrawal: The President may withdraw an ordinance at any time. However, he exercises his power with the consent of the Council of Ministers, headed by the President.

• Limitations: Ordinances may have a retrospective effect and may modify or repeal any act of Parliament or other ordinances. It may be used to amend a tax law, but it can never amend the Constitution.

What is the Veto Power of President of India?

• For a bill to become law, it must receive the President’s assent. When presented with a bill, the President can:
  • Give assent to the bill.
  • Withhold assent from the bill.
  • Return the bill for reconsideration (Article 111).
• The executive’s veto power in modern states can be categorized into four types:
  • Absolute veto: refusal to assent to a bill passed by the legislature.
  • Qualified veto: can be overridden by the legislature with a higher majority.
  • Suspensive veto: can be overridden by the legislature with an ordinary majority.
  • Pocket veto: taking no action on a bill passed by the legislature.

Limitations on the Powers of President of India

The President of India holds a significant position in the country’s governance structure. However, the powers of the President are not absolute and are subject to certain limitations. Here are some of the key limitations on the powers of President of India:

• Head of State: The President is the head of the State and not the head of the government. Therefore, he exercises only nominal powers, and that too on the advice of the Council of Ministers.

• Council of Ministers: The President can ask the Council of Ministers to reconsider its advice. But if the same advice is given again, he/she is bound to act according to it.

• Constitutional Provisions: The President’s powers are subject to the provisions of the Constitution and the laws passed by Parliament.

• Parliamentary Approval: Certain actions of the President, such as declaring emergency, require approval from the Parliament.

• Judicial Review: The actions and decisions of the President are subject to judicial review.

Powers of President of India Class 9

In Class 9, you’re diving deeper into the fascinating world of Indian government. As you learn about the different branches of power, the President of India stands out as a unique figure. But why is understanding the Powers of President of India so important?

The President is the head of state, symbolizing the unity and integrity of India. They hold a special position, acting as a guardian of the Constitution. This means they ensure the government functions according to the rules laid down in the Constitution, India’s supreme law.

Conclusion

The Powers of Presidents of India play a vital role in governing the nation and maintaining a functioning system. Although the position is primarily cerеmonial, it holds powers regarding legislation, emergencies, and international relations. Designers carefully crafted the President’s powers to balance the executive, legislative, and judicial branches of government. Additional checks and balances еxist through impeachment, ordinаnce-making power, and suspеnding veto. Every citizen needs to comprehend the role and powеrs of the President of India to fully grаsp India’s framework аnd its unwаvеring commitment to upholding vаlues.

Also Read:-

Draupadi Murmu Tribe: Trailblazing India’s Presidential Path

List of Vice President of India from 1950 to 2023

Impeachment of President of India – Article 61

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