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The Powers and Functions of the
President
Executive Powers - Article 53
All executive powers of the Union are
vested in him. These powers are
exercised by him either directly or
through subordinate officers in
accordance with the Constitution. The
Supreme Command of the Defence
Force is vested on the President and
the exercises it in accordance with
law.
Exercise of Executive power of President
*Executive powers of the President
must be exercised in accordance with
the Constitution. In particular it
includes the provisions of article 14
(equality before law)
*President appoints the Prime
Minister and other ministers, and they
hold office during his pleasure.
Power of Appointment
*He appoints the Attorney General of India,
Comptroller and Auditor General of India, the
Chief Election Commissioner and other Election
Commissioners, the Chairman and Members of
the UPSC, the Governors of the states, the
Chairman and the members of the Finance
Commissions etc.
*The President can appoint a commission to
investigate into the conditions of SCs, STs and
OBCs.
*The President also receives the
credentials of Ambassadors and High
Commissioners from other countries.
*The President is the Commander in Chief
of the Indian Armed Forces.
*The President of India can grant a pardon
to or reduce the sentence of a convicted
person for one time, particularly in cases
involving punishment of death.
pardoning power of president :
The President of India can grant a pardon
to or reduce the sentence of a convicted
person for one time, particularly in cases
involving punishment of death or Any
punishment.
The Legislative Powers
*The President can summon or end a session of the
Parliament and dissolve the Lok Sabha.
*He can address the Parliament at the commencement of the
first session after the general election and the first session of
each year.
*He can also summon a joint sitting of both the houses of
Parliament which is presided over by the Speaker of the Lok
Sabha.
*The President can appoint a member of the Lok Sabha to
preside over its proceedings the positions of Speaker as well
as Deputy Speaker are vacant.
*He also can appoint any member of the Rajya Sabha to
preside over its proceeding when both the Chairman’s and
Deputy Chairman’s office fall vacant.
*He can nominate 12 members to the Rajya Sabha with
extraordinary accomplishments in literature, science, art and
social service and two members to the Lok Sabha from the
Anglo-Indian Community.
*President’s prior recommendation or permission is needed
for introducing bills in the parliament involving expenditure
from Consolidated Fund of India, alternation of boundaries of
states or creation of a new state
When a bill is sent to the Parliament after it has been
passed by the parliament, the President can give his
assent to the bill or withhold his assent to the bill or
return the bill (if it is not a Money Bill or a
Constitutional Amendment Bill) for reconsideration of
the Parliament.
When a bill is passed by a State legislature is re-served
by the Governor for consideration of the President,
the President can give his assent to the bill, or withhold
his assent to the bill or direct the Governor to return
the bill (if it is not a Money bill) for reconsideration of
the State Legislature.
President can promulgate ordinances
when both the Houses of the Parliament
are not in session.
These ordinances must be approved by the
Parliament within the six weeks of its
reassembly.
The ordinance can be effective for a maxi-
mum period of six months and six weeks –
Article 123
Emergency Powers of the
President
President may proclaim a state of emergency in
the whole or part of India if he realises/feels that
a grave situation has arisen in which the security
of India on part of its territory might get
threatened by war or external egression or
rebellion. - Article 352
The President can declare three types of emergencies:
National Emergency:
National emergency is caused by war, external aggression or
armed rebellion in the whole of India or a part of its territory.
President can declare national emergency only on a written
request by the Cabinet Ministers headed by the Prime
Minister and the proclamation must be approved by the
Parliament within one month.
*National emergency can be imposed for six
months. It can be extended by six months by
repeated parliamentary approval, up to a
maximum of three years.
*Under national emergency, Fundamental
Rights of Indian citizens can be suspended.
The six freedoms under Right to Freedom are
automatically suspended.
*The Right to Life and Personal Liberty cannot
be suspended.
Such an emergency has been invoked at three
instances:
1962 (Indo-China war)
1971 (Indo-Pakistan war)
1975 to 1977 (declared by Indira Gandhi on
account of "internal disturbance").
State Emergency or President’s Rule
A State Emergency can be imposed via the
following:
*If that state failed to run constitutionally i.e.
constitutional machinery has failed - Article 356
*If that state is not working according to the
given direction of the Union Government –
Article 365
*Such an emergency must be approved by the Parliament within a period of
two months.
*It can be imposed from six months to a maximum period of three years with
repeated parliamentary approval every six months.
*If needed, the emergency can be extended for more than three years, by
a constitutional amendment, for example in the case of Punjab and Jammu
and Kashmir.
*During such an emergency, the Governor administers the state in the name
of the President. The Legislative Assembly can be dissolved or may remain in
suspended animation.
*The Parliament makes laws on the 66 subjects of the state list. All money
bills have to be referred to the Parliament for approval.
Financial Emergency: Article - 360
President can proclaim a Financial Emergency if
financial stability or credit of India or any part
thereof is threatened.
This proclamation must be approved by the
Parliament within two months.
This type of Emergency has not been declared
so far.
Financial Powers
*A money bill can be introduced in the Parliament only
with the President’s recommendation.
*The President lays the Annual Financial Statement i.e.
the Union budget before the Parliament.
*President can make advances out of the Contingency
Fund of India to meet unforeseen expenses.
*The President continues a Finance commission after
every five years to recommend the distribution of the
taxes between the centre and the States.
powers to appoint Judicial officers
*The president appoints the Chief Justice of the
Union Judiciary and other judges on the advice
of the Chief Justice.
*The President dismisses the judges if and only
if the two Houses of the Parliament pass
resolutions to that effect by two-thirds majority
of the members present.
*The president has the right to grant pardon.
Judicial immunity to President
*The president enjoys the judicial immunity.
*No criminal proceedings can be initiated
against the president during the term in office.
*The president is not answerable for the
exercise of his/her duties.

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The powers and functions of the president 2

  • 1. The Powers and Functions of the President
  • 2. Executive Powers - Article 53 All executive powers of the Union are vested in him. These powers are exercised by him either directly or through subordinate officers in accordance with the Constitution. The Supreme Command of the Defence Force is vested on the President and the exercises it in accordance with law.
  • 3. Exercise of Executive power of President *Executive powers of the President must be exercised in accordance with the Constitution. In particular it includes the provisions of article 14 (equality before law) *President appoints the Prime Minister and other ministers, and they hold office during his pleasure.
  • 4. Power of Appointment *He appoints the Attorney General of India, Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the UPSC, the Governors of the states, the Chairman and the members of the Finance Commissions etc. *The President can appoint a commission to investigate into the conditions of SCs, STs and OBCs.
  • 5. *The President also receives the credentials of Ambassadors and High Commissioners from other countries. *The President is the Commander in Chief of the Indian Armed Forces. *The President of India can grant a pardon to or reduce the sentence of a convicted person for one time, particularly in cases involving punishment of death.
  • 6. pardoning power of president : The President of India can grant a pardon to or reduce the sentence of a convicted person for one time, particularly in cases involving punishment of death or Any punishment.
  • 7. The Legislative Powers *The President can summon or end a session of the Parliament and dissolve the Lok Sabha. *He can address the Parliament at the commencement of the first session after the general election and the first session of each year. *He can also summon a joint sitting of both the houses of Parliament which is presided over by the Speaker of the Lok Sabha. *The President can appoint a member of the Lok Sabha to preside over its proceedings the positions of Speaker as well as Deputy Speaker are vacant.
  • 8. *He also can appoint any member of the Rajya Sabha to preside over its proceeding when both the Chairman’s and Deputy Chairman’s office fall vacant. *He can nominate 12 members to the Rajya Sabha with extraordinary accomplishments in literature, science, art and social service and two members to the Lok Sabha from the Anglo-Indian Community. *President’s prior recommendation or permission is needed for introducing bills in the parliament involving expenditure from Consolidated Fund of India, alternation of boundaries of states or creation of a new state
  • 9. When a bill is sent to the Parliament after it has been passed by the parliament, the President can give his assent to the bill or withhold his assent to the bill or return the bill (if it is not a Money Bill or a Constitutional Amendment Bill) for reconsideration of the Parliament. When a bill is passed by a State legislature is re-served by the Governor for consideration of the President, the President can give his assent to the bill, or withhold his assent to the bill or direct the Governor to return the bill (if it is not a Money bill) for reconsideration of the State Legislature.
  • 10. President can promulgate ordinances when both the Houses of the Parliament are not in session. These ordinances must be approved by the Parliament within the six weeks of its reassembly. The ordinance can be effective for a maxi- mum period of six months and six weeks – Article 123
  • 11. Emergency Powers of the President President may proclaim a state of emergency in the whole or part of India if he realises/feels that a grave situation has arisen in which the security of India on part of its territory might get threatened by war or external egression or rebellion. - Article 352
  • 12. The President can declare three types of emergencies: National Emergency: National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. President can declare national emergency only on a written request by the Cabinet Ministers headed by the Prime Minister and the proclamation must be approved by the Parliament within one month.
  • 13. *National emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval, up to a maximum of three years. *Under national emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. *The Right to Life and Personal Liberty cannot be suspended.
  • 14. Such an emergency has been invoked at three instances: 1962 (Indo-China war) 1971 (Indo-Pakistan war) 1975 to 1977 (declared by Indira Gandhi on account of "internal disturbance").
  • 15. State Emergency or President’s Rule A State Emergency can be imposed via the following: *If that state failed to run constitutionally i.e. constitutional machinery has failed - Article 356 *If that state is not working according to the given direction of the Union Government – Article 365
  • 16. *Such an emergency must be approved by the Parliament within a period of two months. *It can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. *If needed, the emergency can be extended for more than three years, by a constitutional amendment, for example in the case of Punjab and Jammu and Kashmir. *During such an emergency, the Governor administers the state in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. *The Parliament makes laws on the 66 subjects of the state list. All money bills have to be referred to the Parliament for approval.
  • 17. Financial Emergency: Article - 360 President can proclaim a Financial Emergency if financial stability or credit of India or any part thereof is threatened. This proclamation must be approved by the Parliament within two months. This type of Emergency has not been declared so far.
  • 18. Financial Powers *A money bill can be introduced in the Parliament only with the President’s recommendation. *The President lays the Annual Financial Statement i.e. the Union budget before the Parliament. *President can make advances out of the Contingency Fund of India to meet unforeseen expenses. *The President continues a Finance commission after every five years to recommend the distribution of the taxes between the centre and the States.
  • 19. powers to appoint Judicial officers *The president appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. *The President dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present. *The president has the right to grant pardon.
  • 20. Judicial immunity to President *The president enjoys the judicial immunity. *No criminal proceedings can be initiated against the president during the term in office. *The president is not answerable for the exercise of his/her duties.