In the Indian Constitution, Article 52 to 78 (Part 5) deal with the union executive which consists of the following;
- The president
- The vice president
- The Prime Minister
- The council of ministers
- The Attorney General of India
The President is the head of the country and he is called as the first citizen of India. He acts as a symbol of Integrity and Unity of the nation. President is called a guide, friend and philosopher.
Who elects the president of India?
The Indian President is elected indirectly by the members of the electoral college which consist of elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha) as well as the elected members of legislative assemblies (not legislative councils) of states and the Union Territories of Delhi and Puducherry through the system of proportional representation by means of Single Transferable Vote and the voting is done by secret ballot.
The reason for the indirect election of the president is that he is the only nominal executive in our country. Also to make harmony in the parliamentary system and to reduce the tussle between the executives, the president is elected indirectly. Ultimately the indirect election of the president reduces the cost, time, and energy also.
Qualifications for the election of the president is provided in our constitution like;
- He should be a citizen of India
- He should have completed 35 years of age
- He should have the qualifications required for election as a member of the Lok Sabha (not the Rajya Sabha)
- He should not hold any office of profit under any government or authority.
The powers and functions of the president can be divided into seven categories;
- Executive power
- Legislative power
- Financial power
- Diplomatic power
- Judicial power
- Emergency power
- Military power
We will discuss the above-mentioned powers one by one.
Executive powers of the President:
The executive power of the president is very wide like all executive actions of the Government of India are formally taken in the name of the President.
Even the president can make some rules which bring the convenient transactions of business between the governments. He appoints the Prime Minister and other ministers. The prime minister and the group of ministers hold the office at the pleasure of the president.
The president appoints the Attorney General of India also determines remuneration for him and Attorney General holds office during the pleasure of the president. He also appoints the comptroller and auditor general (CAG) of India as well as the chief election commissioner and other election commissioners.
President has the power to appoint the interstate Council to promote Center-state and inter-state cooperation which strengthens federalism.
President has the power to appoint a Commission to investigate conditions of this SC ST and OBC in the country. He also appoints the Chairman and member of the UPSC, the governors of the states and the Chairman and member of the finance commission, and many more.
President has the power to seek any information related to the administration of the union from the Prime Minister.
President can require the prime minister to submit for consideration on which decision has been taken by the ministers but which has not been considered by the Council.
One of the powers of the president is that he directly administers the union territory of India through an administrator who is appointed by the president itself.
President has the power to declare any area of the country as a scheduled area.
Legislative powers of the president:
President is an integral part of the Parliament and he has the power to summon or prorogue the Parliament. He can dissolve the Lok Sabha.
President has the power to call for the joint sitting which is presided by the speaker, in case of differences in the opinions of both houses (Lok Sabha and Rajya Sabha).
The President addresses the parliament on every first session after each general election and first session of each year.
He can appoint any member of the Lok Sabha to preside the proceeding when the both speaker and deputy speaker are not available.
Disqualification of the member parliament is decided by the president upon consultation with the election commission.
When certain types of Bill are introduced in Parliament prior Recommendation of the president is needed like a money bill.
President gives his assent to the bills which are passed in Parliament then only the bill can become an act.
The state Governors can reserve any bill for consideration of the president even if the bill gets passed in the state legislature.
President has the power to promulgate ordinance when Parliament is not in session.
President Lays the report of the UPSC, CAG, and finance commission on the floor of the parliament.
Financial power of the president:
A money bill can be introduced in Parliament only with the prior permission of the president.
President can cause to be laid before the Parliament the annual financial statement which is also called Union budget (राष्ट्रपति वार्षिक वित्तीय विवरण को संसद के समक्ष रख सकता है जिसे केंद्रीय बजट भी कहा जाता है). Even no demands for grants can be made except on the recommendation of the president. He can make advances out of the contingency fund of India to meet any unforeseen expenditure like at the time of crisis.
The president has the power to constitute the finance commission after every 5 years.
Diplomatic power of the president:
The international treaties and agreements are concluded on the behalf of the president subjected to approval from the parliament. The president represents India on various international platforms.
Judicial powers of the president:
The president appoints the chief justice and the judges of the Supreme Court as well as of the high courts. The President has the power to seek advice from the supreme court in any legal matter. The president has the exclusive powers to grant pardon, reprieve, respite, remission of the punishment of any offenses, even in case of court-martial.
The President is the supreme commander of our defense forces of India and appoints the chief of Army as well as navy and Air force. He has the power to declare war or conclude peace, which is subjected to the approval of the parliament.
Some articles of the constitution related to the president:
Article 52:
Article 52 says, there shall be a President of India.
Article 53:
According to article 53 of the Indian constitution, 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.
Article 54 (Election of President):
Article 54 of the constitution says the President shall be elected by the members of an electoral college. The members of the electoral college will consist of elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha) as well as the elected members of legislative assemblies (not legislative councils) of states and the Union Territories of Delhi and Puducherry through the system of proportional representation by means of Single Transferable Vote and the voting is done by secret ballot.
Article 55 (Manner of election of President):
As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.
Article 56 (Term of office of President):
The President shall hold office for a term of five years from the date on which he enters upon his office:
Article 57 (Eligibility for re-election):
A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.
Article 58 (Qualifications for election as President):
Qualification for the election of the president is provided in Article 58 of our constitution like;
- He should be a citizen of India
- He should have completed 35 years of age
- He should have all to qualifications required for election as a member of the Lok Sabha (not the Rajya Sabha)
- He should not hold any office of profit under any government or authority.
Article 59 (Conditions of President’s office):
1. The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State is elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
2. The President shall not hold any other office of profit.
3. The President shall be entitled without payment of rent to the use of his official residences and shall be entitled to such emoluments, allowances, and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances, and privileges as are specified in the Second Schedule.
4. The emoluments and allowances of the President shall not be diminished.
Article 60:
Oath or affirmation by the President presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available.
Article 61 (Procedure for impeachment of the President):
When a President is to be impeached for violations of the Constitution, The charge can be initiated by either House of Parliament.
Article 62:
Time of holding election to fill a vacancy in the office of President and the term of office of person elected to fill casual vacancy.
Article 72:
Power of President to grant pardons, to suspend, remit or commute sentences in certain cases.
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 offense.
(a) in all cases where the punishment or sentence is by a Court Martial.
(b) in all cases where the punishment or sentence is for an offense against any law relating to a matter to which the executive power of the Union extends.
(c) in all cases where the sentence is a sentence of death.
Article 74:
Council of Ministers to aid and advise President
Here we should understand that the president has some types of veto power which are;
Absolute Veto:
In absolute veto, the president has the power to withhold the assent of the bill which is passed by the parliament. In this veto, the bill can not become the act.
Suspensive Veto:
In this, The President returns the bill for reconsideration of the Parliament but when the Parliament re-sends the bill to the president for their assent, the president is obliged to give his assent.
Pocket Veto:
In pocket Veto, the president neither rectifies nor rejects nor returns the bill and will keep pending for an indefinite period.
Another veto is Qualified Veto which is not available in India but it means that the veto can be overridden by the Legislature with the higher majority.
Now we shall discuss the pardoning power of the president and the differences between some terms.
Pardon:
It means that completely absolves the offender from all sentences and punishment and disqualifications and places him in the same position as if he had never committed the offense.
Commutation:
Commutation means the exchange of one thing for another. In simple words to replace the punishment with less severe punishment. For example for Rigorous imprisonment simple imprisonment.
Reprieve:
Reprieve means temporary suspension of a death sentence. For example, pending a proceeding for pardon or commutation.
Respite:
Respite means awarding a lesser punishment on some special grounds. For example the Pregnancy of women offenders.
Remissions:
Remission means the reduction of the amount of sentence without changing its character, for example, a sentence of 1 year may be remitted to 6 months.
The post of president of India is always criticized as they have no power in real sense and called a rubber stamp but it is not so as he has not constitutional discretion but he has situation discretion, which acts as a lamp in the dark night.
This article is written by;
Mr. Pankaj Kumar Gupta
(Email ID: [email protected])
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