Powers and Functions of the President of India

The President of India is the head of the state. He is the First Citizen of the Country. The post of Indian President is taken from the UK. The Indian President is the nominal head of the executive. Part 5th of the Indian constitution mentions the post of president from Article 52 to Article 62. The first President of India was Dr. Rajendra Prasad. The current president of India is Shri Ram Nath Kovind, who is the 14th President of the country.

What is the Tenure of the President of India ? 

Article-56 states that the President shall be elected for the tenure of 5 years. He can be re-elected to the post as there is no restriction in the Constitution. It is to be noted that Dr. Rajendra Prasad was the only president who was re-elected. 

What are the Functions of the President of India?

The President of India plays a significant role in the country. He performs many functions which are as follows;

1) Legislative powers:   

All the bills which are passed by the parliament go to the president for signature. When the bill is signed by the president, it becomes Act.

2) Emergency Powers: 

The President of India has the power to declare an emergency in the country. In our constitution, three types of emergency are mentioned, which are explained as below: 

a) National Emergency:  Art. 352 tells us about the National Emergency. It is taken from Germany. After the declaration by the president, it has to be passed by parliament with a 2/3rd majority within 30 days. It is declared in three conditions;

1. war 
2. internal disturbances 
3. armed rebellion 

b) State Emergency: Under 356, State Emergency is declared by the President, when the state does not work according to the constitution. Then President rule can be implemented. This bill is passed by parliament with a simple majority within 60 days.

c) Financial Emergency: 360, under which Financial Emergency is declared, was never declared in India till now. The concept of financial emergency is taken from the constitution of the USA. 

3) Executive powers:

1. All the major decisions of the government are taken in the name of the President.
2. He gave oaths to the Chief Justice of India.
    
3. The President appoints CAG (Comptroller and Auditor General), Governor of states, UPSC (Union Public Service Commission) chairman, Chief Election Commissioner, Chief Justices of High Court etc. 

4) Diplomatic powers:

• All international treaties are signed on behalf of the President. 
• On the international stage and forum he represents the country.
• The President sends High Commissioners and Ambassadors to other countries as well as receives from other countries.

5) Military Powers:

The President of India is the commander in chief of all three armed forces. He also appoints chief of;

• Airforce 
• Navy 
• Army 

6) Financial powers:

1) Under Article 280 of the Indian constitution, the President has the power to establish the finance commission for tenure of 5 years. The Finance Commission consists of 5 members.

2) To use the Contingency Fund, the government needed the consent of the President. The Contingency Fund is used for emergency purposes.

3) The Union Budget (Annual Financial Statement) under Article 112 is presented by the Finance Minister in the parliament in the name of the President.

4) Money bill is presented in the Lok Sabha with his prior permission. 

7) What are the pardon powers of the Indian President?

Article 72 gives 5 types of pardon powers to the President. These are; 

a) Pardon– Under it, the President completely pardons the punishment of the convicted person.

b) Commutation– The president changes the nature of punishment; e.g., the punishment of the death sentence changes to 10 years imprisonment.

c) Remission– Under it he reduces the years of punishment, but no change in nature of punishment.

d) Respite– It implies a lesser sentence than the original sentence due to the medical condition of the convicted. 

e) Reprieve– The president put a stay on execution for a temporary period. 

8) What are Veto powers of the Indian President?

Article 111 states the veto power of the President. Originally, the Indian Constitution provided for three types of veto power. These were;

1) Absolute veto power– By using veto power, the president rejects the bill passed by parliament. This bill can never become Act.

2) Suspensive veto power– Under it, the president resents the bill to parliament for reconsideration. If parliament again passes this bill with or without amendments, even with a simple majority, then the president has to sign this bill.

3) Pocket veto power– The President, by using this veto power, can keep the bill pending with himself for an infinite period. In 1986 president Giani Zail Singh used this pocket veto power on the Post Office bill. 

However, absolute veto power is removed from the Indian constitution.

What is the Method for Impeachment of the President of India?

The process of impeachment of the Indian President has been taken from the constitution of the USA.

❖ The proposal for Impeachment may be started by Lok Sabha or Rajya Sabha. Let us suppose the members of Lok Sabha presented this proposal in the House.

❖ But this proposal must be supported by 1/4th members of Lok Sabha. 

❖ After discussion on the resolution in Lok Sabha, it should be passed by 2/3rd majority.

❖ Then in the other House such charges are investigated and the president is given a chance to appear in Rajya Sabha and prove the charges wrong within 14 days.

❖ If the president fails to reject the charges, and Rajya Sabha also passes the resolution with a 2/3rd majority, then the President can be removed from his post. 

Note: Till now in India, no Indian President has been impeached from his post.

The limitations on the Powers of the President of India:

1. The President of India acts upon the recommendations of the Council of Ministers. That is why the President is called the nominal executive rather than the real executive.
2. Any bill passed by Parliament is sent to the President for his or her approval. The President can either sign it or return it to Parliament for reconsideration. If the Parliament again sends this bill to the president, either with some changes or no changes, then it becomes mandatory for the president to pass the bill.

The above-mentioned restrictions on the powers of the President make him or her the puppet of the real executives, in other words, the government.