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Powers of the President

 


Powers of the President

The President of India is the head of the executive, legislature and judiciary of the country. Article 52 of the Constitution of India says that there should be a President of India. Article 53 says that all the executive powers of the Union shall be exercised by him either directly or through officers subordinate to him.

The President of India is vested with the Executive, Legislative, Emergency, Diplomatic, Judicial and Military powers.

Executive Powers

All the executive powers of the Union shall be vested in him. These powers should be exercised by him in accordance with the Constitution of India. He appoints the Prime Minister and the Council of Ministers. He also appoints the judges of the Supreme Court and the High Courts in the states, besides appointing the Attorney General and Comptroller and auditor General of India. He is the authority who appoints Governors to the States and Commission for SC/STs.

Legislative Powers

He can dissolve the Lok Sabha and end a session of the Parliament. He can also address the Parliament in its first session every year. He can nominate 12 members to the Rajya Sabha. These members must have extra ordinary accomplishments in the fields of science, art, literature and social service. He can also nominate 2 members to the Lok Sabha from the Anglo-Indian Community. When a bill is passed by the Parliament, the President can give or withhold his assent to it. He can also return it to the Parliament, unless it’s a Money Bill or a Constitutional Amendment Bill.

Emergency Powers

He can declare national, state and financial emergency. National emergency can be declared on the grounds of war, external aggression or armed rebellion in the country. This can be done on the written request of the Cabinet Ministers after the proclamation has been approved by the Parliament. State emergency can be imposed in a state if it fails to run constitutionally. Financial emergency can be proclaimed if there is a likelihood of the financial instability in the country. Under Article 352 to 360 the president also has the powers to suspend the fundamental rights at the time of the emergency.

Diplomatic, Judicial and Military Powers

He appoints ambassadors and high commissioners to other countries. All international treaties are signed on his behalf. Under Military powers, he can declare war and conclude peace. He appoints Chief of Army, Navy and Air Force. He can dismiss judges if two-third majority of the members present of the two Houses of the Parliament pass the resolution to that effect.

Pardoning power

Article 72 of the constitution of India in the cases of where the punishment of sentence is by Court Martial and the sentences of death .The power of pardon includes temporary suspension of the sentence or postponement of the execution of the sentence.

Financial Powers

Only when the President recommends can a money bill be introduced in the Parliament. He lays the Union budget before the Parliament and makes advances out of the Contingency Fund. Under Article 111 it is stated that when a bill is passed in the parliament it needs assent of the president in order to make it law. Money bills cannot be introduced in the parliament without his recommendation and also money cannot be granted without his assent. The council of ministers can give advice to him and he is bound to listen to him. The president is not answerable to the legislature.

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