Question

Critically examine the role of the President in the Constitution of India.

Answer 1

Article 74 of the Constitution states that the President of India must act according to the advice of the Council of Ministers, headed by the Prime Minister. The Constitution grants the President legislative, executive, financial, judicial, and emergency powers.

• Executive Powers of the President:
  1. Administrative powers: Article 77 states that all executive actions of the Government of India are carried out in the name of the President.
  2. Appointments: The President appoints the Prime Minister and the Council of Ministers. He also appoints the Chief Justice of India, judges of the Supreme Court and High Courts, Governors of states, ambassadors, and other important officials.
  3. Foreign relations: All international relations, treaties, and agreements are conducted in the name of the President. Receiving foreign dignitaries, sending ambassadors, and other diplomatic activities are also done in the President’s name.
  4. Supreme Commander of Armed Forces: Article 53 declares the President as the supreme commander of the armed forces. The President exercises powers related to appointments, promotions, titles, and bravery awards in the military.
  5. Administration of Union Territories and tribal areas: Article 239 gives the President the authority to administer Union Territories through Chief Commissioners or other officials appointed by him.
• Legislative Powers of the President:
  1. No bill can become an Act unless it receives the President’s assent.
  2. The President may address either House of Parliament at any time, even between two sessions. He can also issue ordinances on the advice of the Council of Ministers.
• Financial Powers of the President:
  1. The President has certain financial powers, including control over the Contingency Fund.
  2. The Annual Budget is presented before Parliament under the President’s direction.
  3. The President appoints the Finance Commission.
• Judicial Powers of the President:
  1. As the Head of State, the President has the power to grant pardon, reprieve, respite, commutation, or remission of punishment.
  2. Under Article 143, the President may seek the opinion of the Supreme Court on legal matters, and the Supreme Court is required to give its advice.
• Emergency Powers of the President:
  1. Emergency provisions are described in Part XVIII of the Constitution.
  2. Under Article 352, the President can declare a National Emergency in case of external aggression or internal armed rebellion. During this period, the federal structure is suspended, and the Union Government controls the State Governments.
  3. Under Article 356, if the constitutional machinery fails in a state, the President can impose President’s Rule. The Governor becomes the head of the executive, and the State Council of Ministers is dismissed.
  4. Under Article 360, the President can declare a Financial Emergency if there is financial instability in the country. In such a situation, salaries and allowances of government employees may be reduced.