The President of India: Powers & Functions

Introduction

The President of India is the constitutional head of the country and the first citizen of India. The President acts on the advice of the Council of Ministers headed by the Prime Minister.

Election of the President

• Indirect Election: Elected by an Electoral College consisting of:
  • Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha).
  • Elected members of State Legislative Assemblies (MLAs).
• Proportional Representation: The election follows the system of Single Transferable Vote (STV).
• Term: 5 years (can be re-elected).
• Qualifications: Must be a citizen of India, at least 35 years old, and eligible to be a member of the Lok Sabha.

Powers of the President

1. Executive Powers

• All executive actions are taken in the President’s name.
• Appoints the Prime Minister and other ministers (on PM’s advice).
• Appoints the Chief Justice of India (CJI), judges of the Supreme Court & High Courts.
• Appoints the Attorney General of India, Comptroller & Auditor General (CAG), etc.
• Appoints Governors of States, Chief Election Commissioner, etc.

2. Legislative Powers

• Summons & prorogues Parliament.
• Can dissolve the Lok Sabha.
• Addresses Parliament at the start of the first session after elections and at the beginning of each year.
• Can nominate 12 members to Rajya Sabha (from fields like arts, literature, science, etc.).
• Can nominate 2 Anglo-Indians to Lok Sabha (if not adequately represented).
• Assent to Bills: A bill passed by Parliament becomes law only after the President’s assent.
• Can return a bill (except Money Bills) for reconsideration.

3. Financial Powers

• Money Bills can be introduced only on the President’s recommendation.
• Controls the Contingency Fund of India.
• Appoints the Finance Commission every 5 years.

4. Judicial Powers

• Can grant pardons, reprieves, respites, or remissions of punishment (Article 72).
• Appoints judges of the Supreme Court & High Courts.

5. Military Powers

• Supreme Commander of the Indian Armed Forces.
• Declares war & peace (on Parliament’s approval).

6. Diplomatic Powers

• Sends & receives ambassadors.
• All international treaties are negotiated in the President’s name.

7. Emergency Powers

• National Emergency (Article 352) – Due to war, external aggression, or armed rebellion.
• President’s Rule (Article 356) – State government failure.
• Financial Emergency (Article 360) – Financial stability threat.

Important Articles Related to the President

Veto Powers of the President

The President has three types of veto powers:

1. Absolute Veto: Withholds assent to a bill (rarely used).
2. Suspensive Veto: Returns the bill for reconsideration (except Money Bills).
3. Pocket Veto: Keeps the bill pending indefinitely (no time limit to act).

Impeachment of the President

• Can be impeached only for violation of the Constitution.
• Process:
  1. Impeachment charges must be signed by 1/4th members of Lok Sabha or Rajya Sabha.
  2. A 14-day notice is given.
  3. Passed by a 2/3rd majority of the total membership of the House.
  4. Then investigated by the other House.