In this article, we will discuss the powers and functions of the President in a simple and easy way, and try to understand its various important aspects,

So to understand well, definitely read this article till the end and also read other articles related to this topic.

The image of the President is like that of a venomous snake, but this is not entirely true. The President also has a lot of powers, which if he uses it properly, he does not look weak at all. So let’s explore the powers of the President.

Powers of President

The powers of the President are mainly carried out through the following 7 components –

1. Executive powers 2.
Legislative powers 3.
Financial powers 4.
Judicial powers 5.
Diplomatic powers 6.
Military powers 7
Emergency powers

1. Executive powers

The President has the following executive powers and other related functions.

Article 53 – Executive power of the Union

Article 53 states that all the executive powers of the Union shall be vested in the President, that is why all the work related to governance is done in the name of the President.

If we see from the point of view of the President, even if there is a government of any party at the center, but from the constitutional point of view, it is the government of the President.

Article 77 – Conduct of business of the Government of India

Under Article 77 , the President has the power to make such rules so that all orders made in the name of the President are legally valid. At the same time, he should also make such rules so that the central government can work smoothly and the said work can be easily distributed to the ministers.

Article 75 – To appoint the Prime Minister and other ministers

We all know that the public chooses only the MP. Not the Prime Minister or other ministers. The MP of the majority party chooses its leader. Who is appointed by the President to the post of Prime Minister. The Prime Minister chooses other ministers and this too is appointed by the President.

This means that the Prime Minister and other ministers work during the pleasure of the President. That is, the President can also remove the Prime Minister if he wants.

This does not mean that the President can remove the Prime Minister at any time, only when the President feels that the Prime Minister has lost his majority.

Article 76 – Appointment of Attorney General and to fix his salary etc.

That is, the Attorney General of India also acts in his office during the pleasure of the President and receives such remuneration as the President may determine.

Not only this, the President also appoints the Comptroller and Auditor General of India (CAG), Chief Election Commissioner and other Election Commissioners, Chairman and members of Union Public Service Commission, State Governors, Chairman and members of Finance Commission etc.

Article 78 – Duties of the Prime Minister in relation to giving information to the President, etc.

It is clearly written in Article 78 that if the President asks for any information related to the administrative and legislative related to the executive of the Center, then it will be the duty of the Prime Minister to make it available in front of the President.

Another thing is mentioned in this article that – if a decision has been taken by a minister but the Council of Ministers has not considered it, then in such a situation, if the President says, then that decision will have to be placed before the Council of Ministers for consideration.

The President can appoint a commission for Scheduled Castes, Scheduled Tribes and Other Backward Classes.

Along with this, he can declare any area as a Scheduled Area. He also has the powers of administration of scheduled areas and tribal areas.

Article 263 – To appoint an Inter-State Council for cooperation between the Centre-State and the various States

If the President feels that the public interest will be served by the establishment of such a council, then he can by his order establish such a council. We had also read in the article on inter-state relations that the President has constituted many such councils in the past. such as – ? Central Health Council, ? Central Local Government and Urban Development Council etc.

He directly handles the administration of the Union Territories through administrators appointed by him.

The rules and regulations of Union Territories are usually made by the President. The President has a lot of privileges in this matter. For example, a law made by the Parliament comes into force in the Union Territory only after the assent of the President. And if the President wants, he can also make some changes in it.

2. Legislative powers

Along with Lok Sabha and Rajya Sabha, the President is also an integral part of the Indian Parliament and has the following legislative powers:-

The President can call a sitting of Parliament and address the first session of Parliament after each new election.

The President can call a sitting of Parliament, adjourn the Parliament for some time and can also dissolve the Lok Sabha. Now we have also read above that since the Prime Minister works during the pleasure of the President and the President can also remove the Prime Minister. Now when the Prime Minister is removed, the Lok Sabha will be dissolved.

The President addresses the first session of the Parliament after the election. At the same time, he also addresses the first session of the Parliament every year.

He can call a joint session of the Parliament which is presided over by the Speaker of the Lok Sabha.

When it is very important to pass a bill but it is a bit difficult to get it passed separately from both the houses, then the President can call both the houses together if he wants. This is what is called a joint session .

This is a very rare case. Since 1950, joint sittings of both the houses have been called only thrice. The bills which were passed during this joint sitting are:  1.  Dowry Prohibition Bill 1960  2.  Bank Service Commission Bill 1977  3.  Prevention of Terrorism Bill 2002.

He can send a message to the Parliament in respect of any Bill pending in the Parliament or in any other respect.

If the posts of both the Speaker and the Deputy Speaker of the Lok Sabha are vacant, he can delegate the presidency of the House to any member of the Lok Sabha.

Similarly, if both the posts of the Chairman and the Deputy Chairman of the Rajya Sabha are vacant, he can delegate the presidency of the House to any member of the Rajya Sabha.

He nominates 12 members to the Rajya Sabha from amongst persons who are associated or knowledgeable in literature, science, art and social service.

The recommendation or permission of the President is necessary for the introduction of certain types of bills in the Parliament.

Certain bills cannot be introduced in the Parliament without the permission of the President. For example, a bill relating to expenditure from the Consolidated Fund of India or a bill relating to change of boundaries of states or creation or creation of a new state.

If you have seen the entire exercise of abrogation of Article 370 in Parliament, then you will remember that Amit Shah had already taken permission from the President. Only then the Jammu and Kashmir Reorganization Bill could be introduced in the Parliament.

When a bill is passed by the Parliament and sent to the President, three things happen.

1. He gives his assent to the Bill, 2. He reserves his assent to the Bill, or 3. He returns the Bill (if it is not a Money Bill) to Parliament for reconsideration.

However, if the Parliament re-passes the bill with or without amendment, the President has to give his assent.

When a bill passed by the state legislature is reserved by the Governor for the consideration of the President, three things happen.

1. Gives his assent to the Bill, ? 2. reserves its assent to the bill, or ? 3. Instructs the Governor to return the Bill (if it is not a Money Bill) to the State Legislature for reconsideration.

It is to be noted that if the state legislature sends the bill again for the assent of the President, the President is not bound to give assent. Whereas, in the case of the center, the President is bound to give his assent. Do remember this.

He can issue ordinances during the prorogation of Parliament.

That is, when the Parliament is not in session, the President can issue an ordinance. This ordinance is required to be approved by the Parliament within six weeks of the re-sitting of the Parliament.

Apart from this, he can withdraw an ordinance at any time if he so desires. A great article on ordinance is available on the site.

Read Powers of president and Ordinance to know in detail about Ordinance .

He can make regulations for peace, development and good governance in Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. And can also administer it. We just read it above.

He can also make rules for Puducherry, but only when the Legislative Assembly there is suspended or in a dissolved state.

He places the reports of the Comptroller and Auditor General, Union Public Service Commission , Finance Commission and others before the Parliament.

3. Financial powers

The following are the financial powers and functions of the President : –

Money Bill can be introduced in Parliament only with the prior approval of the President .

What is a money bill , we will know in a separate article. For now, just understand that any bill in which there is a provision like taxation, borrowing money by the government, receiving money from the Consolidated Fund of India, etc., then it iscalled a money bill .

He places the annual financial statement or the Union Budget before the Parliament.

No demand for a grant can be made without its recommendation.

He can arrange advance payment for any invisible expenditure from the Contingency Fund of India .

He constitutes a Finance Commission every five years for the distribution of revenue between the state and the center .

4. Judicial powers of the President

Following are the judicial powers of president and functions:-

1 . He appoints the Chief Justice of the Supreme Court and the judges of the Supreme Court and High Courts .

2. Under Article 143 , he can take advice from the Supreme Court on any law or fact, but this advice of the Supreme Court is not binding on the President.

3. He may suspend, waive or vary the sentence for any person convicted of an offence, or grant clemency, postponement of the sentence, relief and pardon in punishment.

^ A separate article on President’s Pardon is available. If you are interested to know then read Powers of president and Pardon .

5. Diplomatic powers of the President

, International treaties and agreements are made in the name of the President, although Parliament’s approval is mandatory for these.

He represents India in international forums and affairs and sends and receives diplomats, such as ambassadors and high commissioners.

6. Military powers of the President

, He is the supreme commander of the military forces of India. In this capacity, he appoints the chiefs of the Army, Navy and Air Force. He declares war or its end, but it is done according to the permission of the Parliament.

7. Emergency powers of the President

, In addition to the above powers, the Constitution has also given emergency powers to the President in the following three circumstances:- ?1. National emergency ?2. President’s Rule ?3. Financial emergency.

Excellent article on all three topics is already available on the site. That’s why I am not going to explain all this here.

President’s Powers and Emergency

Click here to read National Emergency . Click here
to read President’s Rule . Click here to read Financial Emergency .

That’s all the key points about the powers and functions of the President. For better understanding, definitely read other related articles, the links of all are in place.

UNDERSTAND THE PRESIDENT COMPLETELY – ️ CLICK HERE . Completely Understand Presidential Election –
️ Click Here . Know everything about the Ordinance – ️ Click Here . Know about the pardoning power of the President – ​​️ Click here . Understand President’s Veto Power – ️ Click Here .

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