Discuss the position and powers of the President of India under the Indian Constitution

Question: Discuss the position and powers of the President of India under the Indian Constitution. [BJS 2018]

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Answer

The Indian President is the head of the state and he is also called the first citizen of India. He is a part of Union Executive, provisions of which are dealt with Article 52-78 including articles related to President (Article 52-62).

The President is the formal head of the executive, legislature, and judiciary of India and is also the commander-in-chief of the Indian Armed Forces. Although Article 53 of the Constitution of India states that the President can exercise his or her powers directly or by subordinate authority, with few exceptions, all of the executive authority vested in the President is, in practice, exercised by the Council of Ministers. The President of India has been vested with enumerable powers, functions, and privileges. They are:

1. Executive Power

Article 53 of the Constitution provides for the executive power of the President under which he has the supreme command on the Defense Forces and the President can regulate any or every law regarding the same. Under this power, the President has the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.

2. Legislative Power

The President along with the council of ministers is both members of the parliament and participates intimately in the legislative making process. The President has the power to convene and prorogue to dissolve Lok Sabha. The President has the power to pass a bill and his assent is required for transforming a bill passed by the two houses into an act.

The President has ordinance making power under Article 123 which empowers the President to promulgate ordinance as the circumstances which appear to require When both houses of the parliament are not in session; he is satisfied that the circumstances exist which render it necessary for him to take immediate action.

3. Judicial Power

The President has the power to appoint the Chief Justice of the Supreme Court of India and other judges on the advice of the Chief Justice. The President can dismiss the judges if and only if the two Houses of the Parliament decide to pass resolutions to that effect that too by a two-thirds majority of the members present.

The President also has the right to grant a pardon. The president enjoys judicial immunity and also no criminal proceedings can be initiated against the president during the term in office of the president is not answerable for the exercise of his/her duties

4. Emergency Power

The President has Emergency powers according to Articles 352, 356, and 360. President may proclaim a state of emergency in the whole or part of India if he feels that a grave situation has arisen in which the security of India on part of its territory might get threatened by war or external aggression or rebellion. During a financial emergency, the President gets the financial powers as well.

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