In the Parliamentary government, the position of the President is that of a respectful figure-head, representing the honor and dignity of the people of India. It has become a fashion to label the President as ‘a rubber stamp’, the impression is that he does nothing but signing bills brought before him. But there are occasions that offer scope for independent decisions. When no party enjoys a majority, the power to appoint Prime minister rests with the President (Article 75).
In case of sudden demise of Prime minister, if the party fails to elect its leader, at the earliest, President may appoint a person of his choice as the Prime minister. Importantly, if a government loses majority and recommends for the dissolution of the house (Lok sabha), it is purely power of the President to dissolve the parliament or not (Article 85).The powers and functions of the President are as follows:
1. Legislative Functions: The legislative functions are detailed below:
a. To summon, prorogue and dissolve the Parliament.
b. The President enjoys the power to address the Parliament. It is normally done after general elections or the first session of the year. It is generally called Presidential speech. This inaugural speech outlines the objectives and priorities of the government.
c. In passing the bills, if a lock arises due to non-agreement between two houses . of the parliament, the President may call for * session of both the houses.
d. The President may address Lok sabha or Rajya sabha or both any time and also may send a message to both the houses of parliament to look into a bill.
e. In the considered view of the President, if he is satisfied that the Anglo-Indian community is not adequately represented, he may nominate 12 members to Rajva Sabha and 2 members to Lok sabha.
f. Prior permission of the President is essential while dealing with bills relating to formation of new states, alteration of boundaries and some special bills like the finance bills.
g. No bill can become a law without the assent of the President. He enjoys the power to withhold a bill. This power is called ‘Veto power”. However he cannot refuse his assent for finance bills. But he can withhold assent for a non money bill. But if the same is resubmitted for signature even without changes, he cannot refuse to sign it.
h. The President enjoys the power of issuing Ordinance when the parliament is not in session. It will have the same power and effect similar to that of a law made by the Parliament provided the same is ratified by the Parliament within 6 weeks of its passage. Otherwise it ceases to be a law and is considered null and void or zero.
2. Executive Functions: The President is the administrative Head of the State and orders are **** in his name. Article 53 clearly states that the executive powers of the State must be vested in ‘the hands of the President’.
- All accords and agreements carried out on behalf of the Government of India is done in the name of the President.
- The President has the power to call for any information from the government.
- The President appoints the Prime minister and the Council of minister on recommendation of the Prime minister.
- The highest constitutional functionaries such as Comptroller and Auditor General (CAG), Chief Election Commissioner (CEC), Chief Vigilance Commissioner (CVC) are appointed by the President.
- The member of the Union Public Service Commission (UPSC), National Human Right Commission (NHRC), Backward Class Commission (BCC) and National Commission for ***** (NCW) are appointed by the President.
- The President enjoys the power of removing highest constitutional functionaries.The President can call for reports from Scheduled Castes and Scheduled Tribes Commission, Linguistic Minorities Commission (LMC), Backward Class Commission (BCC) and other commissions.
3. Financial powers:
- It is the constitutional obligation of the President to see that the annual income expenditure statement. The budget is placed before the Parliament for approval.
- Financial bills cannot be presented in the Parliament without the consent of the President.
- The recommendation of the Finance Commissions and the Planning Commission are placed before the Parliament on orders of the President.
- The members of the Finance Commission and Planning Commission are appointed by the President.
4. Judicial Powers:
a. The President enjoys the power of pardoning the sentence of a person declared an offender by the Supreme Court. He is so powerful that he can reduce change or altogether cancel the punishment. This power is called Presidential Pardon. This is provided to ensure any miscarriage of justice (Article 72).
b. The Judges of the Supreme Court and High court are appointed by the President in consultation with the Chief Justice of India.
c. The President is entitled to legal advice on matters relating to the constitutional clarity of bills. However, it is not binding on the President to accept it.
5.Military Powers: President is the Supreme Commander of the Armed Forces. President has the power to declare war or peace, but parliamentary approval is essential for such a decision. The President can raise funds for training and preservation of armed forces with prior approval of the Parliament. The Chiefs of Army, Navy, and Air force are appointed by the President.
6. Diplomatic Powers:
a. The diplomatic powers of the President are purely symbolic in nature. The President represents the country in international affairs. His visits are of courtesy nature aimed at strengthening bilateral relations; he does not sign any treaties or agreements.
b. The ambassadors representing the country abroad are appointed by the President.
c. The foreign ambassadors are received by the President. No person can be considered an ambassador unless he is given the ‘Letter of Accreditation’ by the president.
7. Emergency Powers: The emergency powers of the President are enumerated in the constitution from Article 352 to Article 360. The President may declare emergency under three circumstances:
a. The President may declare internal emergency under Article 352, if, in his opinion, there is a threat to India’* security due to war or external aggression.
b. The President may impose ‘President’ Rule’ under Article 356 if he is convinced that in that particular state the law and order has completely deteriorated and it cannot be governed as per the constitution. Though the President’ rule is imposed on the recommendation of the governor of the concerned state, it is not compulsory.
c. If the President is convinced that the financial stability and prestige of the nation is at risk, he may impose financial emergency under Article 360.
However, the imposition of internal and financial emergency should be placed before Parliament and its consent taken within 2 months of the declaration of emergency, otherwise, it is considered invalid.
