Wednesday, 20 July 2022

Powers of the President

 Powers of the President


EXECUTIVE POWERS


  • Article 53 of the Constitution declares the executive powers of the union shall be vested in the President. The Constitution vests the supreme executive authority of the Union in the President.

  • The supreme command of the Defence Forces of the Union shall be vested in the President.

  • Article 77, all the executive actions of the government are taken under the name of the President.

  • Article 78, the President has the right to seek any information from the Centre and the State.

  • Article 310, every officer of the government occupies his/her position during the pleasure of the President.

  • The President nominates 12 members for the Rajya Sabha with extra-ordinary accomplishments from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service and two members for the Lok Sabha from the Anglo-Indian Community.

Appointments are made by the President: 

The Prime Minister and the Council of Minister, the Governors of the States, the Chief Justice, other judges of the Supreme Court and High Courts of India, the Attorney General, the Comptroller and Auditor General, the Chief Election Commissioner and other Election Commissioners, the Chairman and other Members of the Union Public Service Commission, Vice Chancellor of central university and academic staff of central university through his nominee, Ambassadors and High Commissioners to other countries, the power to appoint an Inter-State Commission, Finance Commission, Election Commission, etc.

LEGISLATIVE POWERS

  1. The President inaugurates the Parliament by addressing it after the general elections and also at the beginning of the first session each year. 

  2. He summons, prorogues the Parliament.

  3. He can dissolve the House of people.

  4. He can address either Houses of Parliament or both the Houses jointly.

  5. The President decides questions as to disqualification of members.

(f) No bill can become a law unless and until assented to by the President. 

(g) Power to promulgate Ordinances under Article 123.



FINANCIAL POWERS

  • He determines the shares of Income Tax receipts between the Union and the States.

  • The President appoints the Finance Commission 

  • Withdrawal from the Contingency Fund of India is done after the permission of the President. 

  • The president shall cause to be laid before Parliament, the Annual Budget and supplementary Budget for its approval (Article 112).

  • He causes to be laid before the Parliament the Annual Finance Statement called the Budget before the beginning of every financial year.


JUDICIAL POWERS (PARDONING POWER)

  • The President has the power to grant pardons and reprives, and suspend, remit or commute sentences of persons convicted by court martial, and in all cases in which sentences of death have been passed. (Art. 72).


MILITARY POWERS

  • The Supreme Command of the Defence Forces is vested in the President of India, but the Constitution expressly lays down that the exercise of this power shall be regulated by law.

  • This means that though the President may have the power to take action as to declaration of war or peace or the employment of the Defence Forces, it is competent for Parliament to regulate or control the exercise of such powers.


DIPLOMATIC POWERS

Like the head of other States, the President of India represents India in international affairs and has the power to appoint Indian representatives to other countries and receives diplomatic representatives of other states.


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