PRESIDENT OF INDIA

Introduction

The executive authority of the union is vested in the President of India who exercises it directly or through the officers subordinate to him.

Qualifications

The qualifications to be elected as President are that he must :
(i) be a citizen of India,
(ii) be not less than 35 years of age;
(iii) be qualified for election as a member of the Lok Sabha,
(iv) not holding any office of profit under the Government of India or any state or local Government.

He is elected indirectly by an electoral college consisting of the members of both the Houses of Parliament and the members of the state Legislative Assemblies on the basis of proportional representation by means of a single transferable vote. He is elected or a period of 5 years and is eligible for re-election. But by a convention, his office is limited to two terms only. He may be impeached by the Parliament for the violation of the Constitution. He is paid fixed salary and allowances.

Powers

He has the following powers per the Constitution of India :

(1)Executive Powers-

(1) The President invites the leader of the majority to form the Government and appoints him as the Prima Minister. On his recommendation, he appoints the other ministers.

(2) The President appoints high officials such as the Judges of the Supreme Court and of the High Courts, the Governors of States, Members of the Union Public Service Commission, the Attorney General of India and the Chief Election Commissioner, etc. All these appointments are made on the advice of the Prime Minister.

(3) He appoints ambassadors to foreign countries and receives foreign ambassadors and other diplomatic personnel from other countries.

(4) Since he is the supreme commander of all armed forces in India, he commands the defence forces of the Union.

(5) He discharges the administration of the Union Territories and Tribal areas through Chief Commissioner.

(6) He can declare war or conclude peace and treaties with other countries subject to the approval of the Parliament.

(7) He issues directions to the State Governments to enforce the Union laws.

(2)Legislative Powers:

(1) He summons and prorogues the House of Parliament;

(2) He can dissolve the Lower House of the Parliament, i.e., the Lok Sabha.

(3) He can summon the joint sessions of the two Houses of the Parliament in case of deadlocks.

(4) He sends messages and can address any House whenever he feels it necessary.

(5) He recommends certain legislative measures which can be introduced in the Parliament.

(6) He has to give his assent for any bill to become law.

(7) He can issue ordinances when the Parliament is not in session.

(8) He nominates 12 members to the Upper House, i.e., Sabha and 2 Anglo-Indians to the Lok Sabha.

(9) The President may withhold his assent or return the Bill to the House for reconsideration, if it is not a money bill. But, he should assent the Bill if passed by the House second time.

(10) Certain legislative matters like reorganisation alteration of State boundaries, etc. can be introduced in the Parliament only on the recommendation of the President.

(3)Financial Powers:

(1) All the money bills can be introduced in the Parliament on the recommendation of the President.

(2) He determines the ratio of the proceeds of income between the Centre and the States.

(3) He appoints the Finance Commission for every five years for recommending the distribution of taxes between Centre and the States.

(4) He has the power to reduce the salaries of t. Government officials including judges when the financial emergency is in force.

(5) He causes to be laid before the Parliament the Annual Financial Statement called the Budget before the beginning of every financial year.

(6) He presents Annual Financial Statement reports of the UPSC, Audit and Comptroller-General, etc. to Parliament.

(7) He can make advances from the Contingency Fund of India to meet unforeseen expenses, pending approval b the Parliament.

(4)Judicial Powers-

(1) The President of India has the right to appoint the judges of the Supreme Court and of the High Courts.

(2) He has the right to grant pardons.

(3) He can remit or commute the sentence of any person in any court of the country.

(4) He can grant reprieve and remissions of punishment.

(5) He can seek the advice of the Supreme Court on important controversial Constitutional matters.

(5)Emergency powers-

(1) He can declare emergency arising out of a threat to the security of India or any part of it by war, external aggression or internal disturbances;

(2) He can declare emergency arising out of the failure of the failure of the Constitutional machinery in anyone of the States;

(3) He can declare emergency caused by a threat to the financial stability of India.

During emergency, he may-
(i) suspend the autonomy of states and empower the parliament to make laws on all matters including matters in the State List;

(ii) extend the executive power of the Union so as to give directions to any State regarding the manner in which the executive power of the Union is to be exercised;

(iii) suspend the fundamental rights including the right to constitutional remedies;

(iv) modify the provisions relating to distribution of revenues between the Centre and States in order to secure adequate revenue for the Government of India to meet the situation created by emergency.

Conclusion

The powers of the President of India are vast but his position is like that of the British King. He represents the nation but does not rule it as the realpowers rest in the hands of Prime Minister and his colleagues. The Cabinet is the real executive and actually it does all the work.

DISCLAIMER-

The author is a law student and loves sharing her knowledge with all. The intention is to enlighten people with general legal knowledge. The content of this article is taken from various sources for educational purpose.