Introduction
The President of India, as the ceremonial head of state and the first citizen, holds a pivotal role in the nation’s governance framework. Enshrined in Articles 52–78 of the Constitution of India, the President’s powers and functions span executive, legislative, judicial, financial, and emergency domains. While largely ceremonial, the President acts as a constitutional safeguard, ensuring the unity, integrity, and stability of the nation. This article explores these powers in detail, highlighting their significance in India’s democratic system.
Executive Powers
With the authority defined in Article 53, the President serves as the official leader of the Union Executive. Key responsibilities include:
- Appointments: The President appoints the Prime Minister, typically the leader of the majority party or coalition in the Lok Sabha, and other Council of Ministers based on the Prime Minister’s advice. Additionally, the President appoints the Attorney General, Comptroller and Auditor General, Chief Election Commissioner, other election commissioners, state governors, and judges of the Supreme Court and High Courts.
- Supreme Commander: As the supreme commander of the Indian Armed Forces, the President oversees national defense, acting on the advice of the Union Council of Ministers headed by the Prime Minister.
- Diplomatic Role: The President represents India in international forums, sends and receives diplomats, and concludes treaties in the name of the government.
- According to Article 74, the Council of Ministers provides guidance and assistance in the exercise of these authorities, guaranteeing that they are in line with democratic ideals.
Legislative Powers
The President is an essential member of the Parliament, which is made up of the President, the Lok Sabha, and the Rajya Sabha. Legislative functions include:
- Parliamentary Sessions: The President summons and prorogues both houses of Parliament and can dissolve the Lok Sabha (Article 85). They address the Parliament at the start of each session, outlining government policies (Article 87).
- Bill Assent: The President’s assent is required for bills to become law (Article 111). They can withhold assent, return bills for reconsideration (except money bills), or exercise a pocket veto by delaying action.
- Ordinances: When Parliament is not in session, the President can promulgate ordinances under Article 123, which have the same force as laws but must be approved by Parliament within six weeks of reconvening.
- Constitutional Amendments: Article 368 states that the president has the authority to approve or reject constitutional amendment measures.
Financial Powers
The President’s financial responsibilities ensure fiscal discipline:
- Budget Presentation: The yearly Union budget is presented to Parliament by the President.
- Contingency Fund: The President authorizes advances from the Contingency Fund of India to meet unforeseen expenses
- Finance Commission: Every five years, the President appoints the Finance Commission to recommend the distribution of taxes between the Union and States, as seen with the 15th Finance Commission chaired by NK Singh in 2017
Judicial Powers
The President upholds the rule of law through his judicial functions:
- Judicial Appointments: The President appoints the Chief Justice of India and other judges of the Supreme Court and High Courts, typically on the advice of the Chief Justice.
- Pardoning Powers: Under Article 72, the President can grant pardons, reprieves, respites, or remissions of punishment, or suspend, remit, or commute sentences for offenses against Union laws, court-martial cases, or death sentences.
- Advisory Role: The President can seek advisory opinions from the Supreme Court on matters of law or public importance (Article 143) and request the Attorney General to report on unlawful parliamentary proceedings (Article 88).
Emergency Powers
The President’s emergency powers, outlined in Articles 352–360, are critical for addressing national crises:
| Type of Emergency | Article | Trigger | Effects |
| National Emergency | 352 | War, external aggression, or armed rebellion | Central government assumes state powers, suspends fundamental rights (except Article 21), and Parliament can legislate on State List subjects. Requires parliamentary approval within one month. |
| President’s Rule | 356 | Failure of constitutional machinery in a state | President assumes state government functions; Parliament legislates on state matters. Approved within two months, lasts six months, extendable up to three years. |
| Financial Emergency | 360 | Threat to India’s financial stability or credit | President can reduce salaries, enforce financial discipline. Never declared, requires simple majority approval within two months. |
These powers, exercised on the advice of the Council of Ministers, ensure swift action during crises while maintaining constitutional checks, such as parliamentary approval.
Other Functions
Beyond these core powers, the President performs ceremonial and symbolic roles:
- National Representation: Represents India in international forums and awards national honors like the Bharat Ratna and Padma Vibhushan.
- Executive Oversight: Can remove the Prime Minister or ministers if they lose the Lok Sabha’s confidence.
- Cultural Role: Resides in Rashtrapati Bhavan, overseeing its maintenance and hosting state guests.
Conclusion
Despite being largely a ceremonial figure, the President of India has significant authority that strikes a balance between constitutional protections and democratic government. The President maintains the stability and unity of the country by designating important personnel and announcing crises. The President is a pillar of India’s democracy because of these powers, which are used with the Council of Ministers’ approval and represent the difficult balance between ceremonial responsibilities and constitutional authority.
