The document discusses the various powers and roles of the President of India according to the Constitution. It can be summarized as follows: 1) The President is the ceremonial head of state and executive power is exercised by advising the Prime Minister and Council of Ministers. However, the President holds significant discretionary powers during emergencies. 2) The President has legislative powers such as signing bills into law and promulgating ordinances when Parliament is not in session. 3) In terms of judicial powers, the President can grant pardons and commute sentences. The pardoning power of the President is broader than that of State Governors.

2. “We have not given him any real power, but we have
made his position one of great authority and dignity.”
– Jawaharlal Nehru
 President to discharge the duties, functions and
powers as provided in the Constitution
 Relationship between the President and the Prime
Minister is very important to translate many
provisions of the Constitution from phrase to fact

3. Art. 53. Executive power of the Union.
(1) The executive power of the Union shall be vested in the
President and shall be exercised by him either directly or
through officers subordinate to him in accordance with this
Constitution.
(2) Without prejudice to the generality of the foregoing
provision, the supreme command of the Defence Forces of
the Union shall be vested in the President and the exercise
thereof shall be regulated by law.

4. A brief survey of the powers of the president
Executive Functions of the President.— Under Art. 53, the
executive power of the Union is vested in the President.
This executive power under Article 73, extends to all
matters with respect to which Parliament has power to
make laws. In exercising this power, he is advised by a
Council of Ministers (Art.74) with the Prime Minister at its
head. The Prime Minister is appointed by the President
and the other Ministers are appointed by the President on
the advice of the Prime Minister. All executive action of
the Government of India should be taken in the name of
the President

5. Art. 74. Council of Ministers to aid and advise President
(1)There shall be a Council of Ministers with the Prime Minister at
the head to aid and advise the President who shall, in the
exercise of his functions, act in accordance with such advice:
Provided that the President may require the council of Ministers
to reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after
such reconsideration

6. In Shamsher Singh v. State of Punjab , President and
Governors--Whether formal heads--Whether bound to act on
aid and advice of Council of Ministers. Constitution of India,
Article 234--Appointment and determination of services of
subordinate judges if to be made by Governor personally.
The court referred to Articles 200 and 356 of the Constitution as
illustrative of functions to be discharged by the Governor in his
discretion. Under Article 200 the Governor may act irrespective of
any advice from the Council of Ministers and refer a Bill to the
President for consideration. In making a report under Article 356
the Governor will be justified in exercising his discretion
even against the aid and advice of his Council of Ministers.

7. Functions connected with the Legislature.
 The President is a Constituent part of Parliament which consists
of the President, the Council of States and the House of the
people. He can address either Houses of Parliament or both
Houses assembled together. He addresses both Houses
assembled together at the commencement of the first session
after each general election and at the commencement of the
first session of each year.
 The assent of the President is required before a Bill passed by
the Houses becomes law. The President may return the Bill if it
is not a Money Bill with a message requesting the House to re-
consider the Bill. In such a case if the Bill is passed again, by the
House with or without amendment and presented to the
President for assent, it is obligatory on his part to give his
assent.

8.  So far as Money Bills are concerned, they cannot be
introduced except on the recommendation of the President.
Such Bills deal with taxation, borrowing of money,
appropriation of money out of the consolidated funds of
India, or the receipt of the consolidated fund. Such bills can
be introduced only in the House of the People and only on
the recommendation of the President.

9. Legislative powers of the President.
 The President has Ordinance making power when
circumstances make it necessary for him to take
immediate action. This power can be exercised except
when both the Houses of Parliament are in Session.
These ordinances have the same effect as an Act of
Parliament. They should be laid before the Houses of
Parliament and will cease to operate after a period of
six months from the reassembly of Parliament. They
may be terminated earlier by the Houses passing
resolutions disapproving it.

10. Art.123. Power of President to promulgate Ordinances during recess of
Parliament(1) If at any time, except when both Houses of Parliament are in
session, the President is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinance as the circumstances appear to him to require
(2)An Ordinance promulgated under this article shall have the same force
and effect as an Act of Parliament, but every such Ordinance(a) shall be
laid before both House of Parliament and shall cease to operate at the
expiration of six weeks from the reassemble of Parliament, or, if before the
expiration of that period resolutions disapproving it are passed by both
Houses, upon the passing of the second of those resolutions; and
(b) may be withdrawn at any time by the President
Explanation Where the Houses of Parliament are summoned to
reassemble on different dates, the period of six weeks shall be reckoned
from the later of those dates for the purposes of this clause

11. Emergency Powers.
The President can proclaim an emergency when the security
of India or any part of it is threatened by war or external
aggression or armed rebellion(Article 352). Such a
Proclamation ceases to operate after one month unless before
that period it has been approved by resolutions in the Union
Parliament. Thereby it continues for 6 months. By repeating
the resolutions every 6 months the Proclamation may remain
in force indefinitely. During the operation of the
Proclamation of the emergency, the Union executive can give
directions to any State as the manner in which the latter’s
executive power should be exercised.

12. The President may also proclaim under Art. 356, a failure
of Constitutional machinery in any State on receipt of a
report from the Governor concerned of otherwise. Such a
Proclamation ceases to operate at the expiration of two
months unless approved by resolutions of both houses
before that period expires. By such approval, the
Proclamation continues for a further period of six months
from the date of issue of the Proclamation. It can be thus
kept in force for 1 year.
If a Proclamation under Art. 352, is also in force then by
such resolutions it can be kept in force for a maximum
period of 3 years. When such a Proclamation is in force, the
President may assume to himself functions of the
Government of the State concerned. The legislative power
of the State will be exercisable by or under the authority of
Parliament.

13.  The President can proclaim a financial emergency (Article 360)
when the financial stability of India is threatened. Its duration is
two months unless earlier approved by Parliament. While a
financial emergency exists, the President may reduce the salaries
and allowances of all classes of persons serving the Union
including the Judges of the Supreme Court and the High Courts.
He can also reduce the salaries of those serving in the State. The
Union executive may give directions to any State in regard to
financial matters.

14. Functions connected with the
Judiciary.
 The President has the right to grant
pardons, and suspend, remit or commute
sentences in certain cases
 President can consult the Supreme Court in
regard to any questions of law or fact of
great public importance. (Advisory
Jurisdiction)

15. Pardoning power of the President

16. Art. 72. Power of President to grant pardons, etc., and to
suspend, remit or commute sentences in certain cases.— (1) The
President shall have the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or
commute the sentence of any person convicted of any offence—
(a) in all cases where the punishment or sentence is by a court
martial;
(c) in all cases where the sentence is a sentence of death.

17.  Pardon absolves the offender completely from all
sentences and punishments and disqualifications and
places him in the same position as if he never
committed any offence
 Commutation means exchange of one thing for the
other – rigorous to simple etc
 Remission means reduction of the sentence
 Respite means awarding lesser punishment on special
grounds, like pregnancy
 Reprieve means temporarily suspending the death
sentence pending the proceedings etc.
 Art. 72 is similar to that of Art. 161.
 There are certain differences between Governor’s
powers and President's power

18. The President can pardon in all cases where the
punishment is by a Court Martial. The Governors do not
have this power.
the President can pardon in all cases where the sentence
is a sentence of death. This is so even when the matter
relates to the State Legislative List.

19. the President can pardon punishments in respect of
offences relating to matters in List I. Similarly the
Governor’s pardoning power extends over offences
relating to matters in list II. These are mutually
exclusive.
as regards offences relating to matters in List III, the
Governor’s power is subject to the Central Law. If a
particular Central Law gives the Union Executive
power for the enforcement of that Law the
pardoning power would be that of the President.
Otherwise, the State Executive power will extend to
such offences also and the pardoning power will
remain in the Governor

20. K. M. Nanavati v. State of of Bombay AIR 1961 S C112
a naval officer, was convicted of murder and sentenced to life
imprisonment by the High Court of Bombay. The Governor of
Bombay suspended the sentence till the Supreme Court disposed
of the appeal proposed to be filed by Nanavati. Nanavati applied
to the Supreme Court for special leave to appeal. Under Rule 5 of
or 21 of the Rules made by the Supreme Court a petitioner for
special leave to appeal has to submit to the sentence passed by
the lower court before his petition is heard by the Supreme
Court. Nanavati contended that the Governor can suspend his
sentence and so there is no need for him to surrender to the
sentence passed against him by the High Court. Rejecting this
contention it was held that the order of the Governor suspending
the sentence passed against the petitioner pending the disposal of
his appeal to the Supreme Court impinged on the power of the
court and was to that extent invalid. So Nanavati’s petition for
exemption from surrendering to jail was dismissed.

21. It was held that the Governor had no powers under Art.
161, to grant suspension of sentence for the period during
which the matter was pending in the Supreme Court.

22. Sher Singh v. State of Punjab AIR 1983 S C 465
Regarding the delay in the disposal of the petitions the court observed that
Government of India and the State Government must dispose of petitions filed
under Articles 72 and 161 of the Constitution or under Sections 432 and 433 of
the Criminal P.C. expeditiously. Long and interminable delays in the disposal
of these petitions are a serious hurdle in the dispensation of justice and
indeed, such delays tend to shake the confidence of the people in the very
system of justice.
However the court has stated That is the true implication of Art, 21 of the
Constitution. But no hard and fast rule can be laid down that "delay exceeding
two years in the execution of a sentence of death should be considered sufficient
to entitle the person under sentence of death to invoke Article 21 and demand
the quashing of the sentence of death" on the basis that two years are sufficient
for appeal and consideration of reprieve.

23. Kehar Singh v. Union of India AIR 1989 S C 653
Kehar Singh was convicted on 22-1-1986 under Secs. 120-B
and 302 of I.P.C for the murder of Mrs. Indira Gandhi,. He was
sentenced to death by the Additional Sessions Judge. The
High Court confirmed . His special leave to appeal was
dismissed by Supreme Court on September 7, 1988.
Subsequently, a writ petition filed before Supreme Court was
dismissed. Thereupon, his son presented a petition to
President of India pleading that Kehar Singh was innocent and
requesting for personal hearing. It was not granted on the
ground that there was no such established practice. The
President replied that he could not go into the merits of the case
once finally decided by the highest court rejecting the petition. The
Court held that It is in his discretion to follow any method. The court
cannot give guidelines. Kehar Singh had no right for personal
hearing. The President may call for further information. It is open to
him to give oral hearing of the condemned person. The power
under Art. 72 is of the widest amplitude. The President need not

24. Jumnan Khan v. State of Uttar Pradesh, (1991) 1 SCC 752,
the court found no ground to interfere with the rejection of
mercy petition by the President and to refer for
reconsideration. It was also held that Judicial review of the
order of the President or the Governor granting or refusing
pardon under Article 72 or Article 161, is available and their
orders can be impugned on the following grounds :
(a) that the order has been passed without application of mind;
(b) that the order is mala fide;
(c) that the order has been passed on extraneous or wholly
irrelevant considerations;
(d) that relevant materials have been kept out of consideration;
(e) that the order suffers from arbitrariness.