India has a parliamentary form of government which is based on the British system. President along with two houses comprise the parliament of India. In India, the President has the same position as the queen of England. Being the executive head of the country, he enjoys a wide variety of power which is mentioned in more than 100 Articles and 3 Schedules either wholly or partially. The powers and functions of President can be divided into following subheadings:
1. EXECUTIVE POWERS
President is the executive head of the state and all the executive actions of the Central
Government are taken in his name. All the important officials of the Union Government are
appointed by him. The important officials appointed by the President include:
Prime Minister of India.
Members of Council of Ministers.
Chief Justice and other Judges of Supreme Court and High Court.
Chairman and members of UPSC
Comptroller and Auditor General of India.
Attorney General of India.
Governors of State.
Ambassadors to Foreign Countries.
2. LEGISLATIVE POWERS
Article 79 talks about the legislative powers of the President. The powers conferred to him
He can summon and prorogue the sessions of the two houses and can dissolve the Lok Sabha.
He can address both the houses separately or jointly. He addresses the first session of the Parliament after the general election.
He nominates 12 members to Rajya Sabha who has given remarkable contribution in fields of science, literature, art etc.
Every bill passed in Lok Sabha requires his assent to become law.
He can enact laws through ordinances when the Parliament is not in session. These ordinances have the power of law but must be approved by the Parliament within six weeks of its re-assembly.
3. FINANCIAL POWERS
The financial powers of the President include:
All money bills can originate in the Parliament only on the recommendation of President.
The contingent fund of India is at his disposal and he can make advances out of it to meet unforeseen events.
The President is responsible for the appointment of the members of finance commission after every five years.
He is the one to get the report of the Comptroller and Auditor General of India laid before the Indian Parliament.
4. JUDICIAL POWERS
Following are the Judicial powers of President:
President is only one to accord pardon, reprieve, respite, or remit the Punishment orcommute the sentence of any person punishable by Court of Law.
He appoints the judges of Supreme Court and High Courts and removes them after the resolution of Impeachment is passed against them in Parliament.
President of India enjoys legal immunity and is not accountable to any court of law for anything done in the exercise of his official duties.
5. MILITARY POWERS
The Diplomatic power of Indian President are as follows:
He is the supreme commander of the Indian Armed Forces, he appoints Chiefs of
Army, Navy and Air Force.
President has the power to declare war and conclude peace.
6. EMERGENCY POWERS
Our Constitution makes provision for three types of Emergencies to be applied by the
President. They are:
National Emergency – It is contained in Article 352 of the Indian Constitution. If the president is satisfied that a serious situation has arisen due to war, external or internal aggression, President can declare emergency on the request of Union Council of Ministers.
Constitutional Emergency – It is in Article 356 of the Indian Constitution. If the President either on the report of the Governor of State or by his own information is satisfied that the constitutional machinery in the state has broken down, he may declare the Constitutional Emergency.
Financial Emergency – It is in Article 360 of the Indian Constitution. This Emergency is laid when the President feels that a situation has arisen where the financial stability or the credit of India is threatened.
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