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Article 53, The executive power of the Union is vested in the President. But Article 74 (1), The President will use his powers only on the advice of the Council of Ministers. The President has the following powers.
Power related to appointment - The President has the power to appoint to certain posts under the Constitution.
Appointment of Prime Minister and other Ministers
Attorney General of India
Comptroller and Auditor General of India
Judges of Supreme Court and High Courts
Governors, Lieutenant Governors and Administrators
Ambassadors and High Commissioners of India in foreign countries
Finance Commission
Chairman and Members of Union Public Service Commission
Chief Election Commissioner and other Members of Election Commission
Special Officer for Scheduled Castes and Scheduled Tribes
Commission to study backward classes
Special Officer for Minorities
Official Language Commission
Power to issue executive orders like - giving directions through Article 365.
The President of India is a part of the Parliament, hence the President is related to the activities of the Parliament in some way or the other. The following is a description of the powers of the President related to administration.
Prorogation and dissolution of Parliament:
1. To call a session of the Houses of Parliament and to adjourn them.
2. To dissolve the Lok Sabha.
3. To call a joint meeting of both the Houses in case of a deadlock in the Rajya Sabha and the Lok Sabha. (Article 108)
1. At the beginning of the first session after every general election of the Lok Sabha and at the beginning of the first session of the Parliament every year, the President addresses and explains the purpose of calling the session.
2. Apart from this, the President can address any one House of Parliament or in a joint session of the Houses at any time and can require the presence of the members.
3. The President can send a message regarding any bill pending in any House or regarding any other subject. The House considers such a message as soon as possible.
4. The President has the right to send messages to the Parliament regarding other subjects besides legislative subjects.
5. The President is represented in the Parliament by his ministers.
In order to ensure representation of all sections in the Parliament, it has been provided in the Constitution that the President can nominate some persons in the Rajya Sabha and the Lok Sabha.
1. The President can nominate twelve such persons in the Rajya Sabha who have special or practical knowledge of science, art, literature and social subjects.
2. If the President feels that the Anglo-Indian community is not adequately represented in the Lok Sabha, then he can nominate two Anglo-Indians in the Lok Sabha. The 104th Constitutional Amendment Act, 2019 has abolished reservation for Anglo-Indians.
The President places some reports before the Parliament with the intention that they should be considered, which are as follows.
1. Annual Financial Statement and Supplementary Statement.
2. Report of the Comptroller and Auditor General of India on the Accounts of the Government of India.
3. Recommendations of the Finance Commission and explanation of the work done thereon.
4. Report of the Union Public Service Commission.
5. Report on Special Rights of Scheduled Castes and Scheduled Tribes.
6. Report of the Backward Classes Commission.
7. Report on Special Rights of Linguistic Minorities.
8. Reports of Commissions constituted on other special subjects.
It has been provided in the Constitution that the President's permission is necessary before bills related to certain subjects are presented in the Parliament. Following are some bills on which the President's prior permission is necessary. But if permission could not be taken on these subjects for any reason, then the court cannot declare any such legislation illegal.
1. Bills related to the creation of new states in the Indian Union or changes in the boundaries or names of existing states.
2. Money bill.
3. A bill, even though not a money bill, is a bill that relates to expenditure from the Consolidated Fund of India.
4. A bill that affects such taxation, which is likely to change the meaning of 'agricultural income' for the purposes of income tax, the principle of distribution of wealth of the states.
5. Bills of the states restricting the freedom of trade.
6. Bills that impose surcharge on the Union under Chapter 1 of Part 12 of the Constitution.
According to the constitutional system, any bill becomes an act or legislation only after the President's assent after it is passed in both the houses - Lok Sabha and Rajya Sabha. When a bill passed by both the houses is presented before the President, the President
1. Can declare assent to that bill.
2. Can declare withholding assent to that bill.
3. He can send other bills, except money bills and Constitution Amendment Bills, back to the Parliament for reconsideration and amendment. If that bill is again passed by both the houses of Parliament and sent for the President's assent, the President has to compulsorily give assent to it.
Under Article 123, the President issues ordinances on subjects in the Union List when Parliament is not in session. Then, ordinances are valid for six months and six weeks.
Pardon for offences against the Union List
If death sentence is given against the State List
Constitution of Finance Commission - Article 280
Expenditure from Consolidated Fund - Article 266
Expenditure from Contingency Fund - Article 267
Permission on currency and finance bills, various types of grants (by the Union to the States) - Article 275
Getting the report of the Comptroller and Auditor General of India tabled in the Parliament
The President is empowered to declare an emergency. If the President deems fit and is satisfied, he can declare an emergency and bring the administration of any state directly under him. The written consent of the Central Government is required before declaring an emergency.
1. National emergency :- Crisis arising out of war from outside, foreign attack or internal rebellion (the term ‘internal rebellion’ has been changed to ‘military rebellion’ by the 44th amendment of 1978) (Article 352)
2. Constitutional emergency :- This situation arises when the constitutional machinery of the state fails (Article 356)
3. Financial emergency :- This situation arises when there is a fear of failure of the financial structure or the prestige of India is at stake. (Article 360)
So far, emergency has been declared three times in India. The first emergency was declared from October 1962 to 10 January 1968 during the Chinese attack.
The second emergency was declared in December 1971 during the Indo-Pak war.
The third emergency was declared from 25 June 1975 to 27 March 1977 due to ‘internal disturbance’. However, it could not be declared on the basis of internal disturbance through the 44th Amendment Act 1978, so the word disturbance was replaced by ‘military rebellion’.
These rights of the President are merely theoretical. In reality, the President uses all these rights with the consent of the Union Cabinet and the President is restricted to accept the advice of the Cabinet. In this way, the President is the head of the country only in name.
1. The President of India has the power of veto like the heads of other nations, but the power of veto of the President of India is different from that of other countries.
2. In India, the veto power is actually a combination of absolute, suspensory and pocket veto.
Theoretically, it is with the Crown of England.
In terms of practice and conduct, at present the executive does not have the power of veto.
In this type of veto, the bill gets the form of law only after the Crown approves it. But under the ministerial system, this type of power is not used.
When a bill is overridden by the general majority of the legislature, it is called suspensory veto.
The overriding of a bill by the extraordinary majority of the legislature is called special veto. This power is with the President of America.
When the President neither approves nor rejects a bill nor sends it back for reconsideration, it is called pocket veto. This power is generally used when the President fears the dissolution of the House. The President of India has the power of pocket veto.
Note: The veto power has been used by the President of India twice so far:
1. By Giani Zail Singh, by not allowing the Postal Bill 1986.
2. By R. Venkataraman, by not signing the bill regarding considering MPs eligible for pension after one year of tenure.
Appointment of the Prime Minister
Dissolution of the Lok Sabha
Dismissal of the government which has lost the confidence vote
Permission to prosecute the Prime Minister accused of corruption
Reaction to bills (Article 111)
Returning bills for reconsideration (Article 74)
Conduct of business of the Government of India including orders, rules for allocation of business to the Council of Ministers (Article 77)
Prime Minister to give information sought by the President (Article 78)
Calling a meeting of the House (Article 85)
Sending messages to the Houses (Article 86)
The President invited Chaudhary Charan Singh, Rajiv Gandhi and Chandrashekhar to form the government on the basis of his discretion.
The President has the power to remove the following officials
1. Minister personally
2. Attorney General of India
3. Governor of a State
4. Administrator of Union Territories
5. Chairman and Member of the Public Service Commission of the Union or any State on the report of the High Court
6. Judge of the Supreme Court or High Court on the request of the Parliament
7. Election Commissioner on the request of the Parliament
It is noteworthy that the power to appoint and remove officials from the post is not completely with the President. While appointing most of the officials, the Union Public Service Commission has to be consulted and appointment to some posts is done on the advice of the Council of Ministers.
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