Discuss the Power and Duties of President. Legislative power is constitutionally vested in the Parliament of India of which the president is the head to facilitate law making process as per constitution (Article 78, Article 86, etc.). The President summons both the Houses (the Lok Sabha and the Rajya Sabha) of the Parliament and prorogues them. He can dissolve the Lok Sabha.

Introduction

India achieved independence from the United Kingdom on 15 August 1947, initially as a Dominion within the Commonwealth of Nations with George VI as the King of India, represented in the country by a Governor-General. Still, following this, the Constituent Assembly of India, under the leadership of Dr. B. R. Ambedkar, undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic. The offices of monarch and governor-general were replaced by the new office of President of India, with Rajendra Prasad as the first incumbent.

Duties of President

The primary duty of the President is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution) He is liable for impeachment for violation of the constitution (Article 61). President is the common head of all independent constitutional entities. All his actions, recommendations (Article 3, Article 111, etc.) and supervisory powers (Article 78 c, Article 108, Article 111, etc.) on the executive and legislative entities of India shall be in accordance to uphold the constitution.[11] There is no bar on the actions of the President to contest in the court of law. 

Powers of President

Legislative powers

Legislative power is constitutionally vested in the Parliament of India of which the president is the head to facilitate law making process as per constitution (Article 78, Article 86, etc.). The President summons both the Houses (the Lok Sabha and the Rajya Sabha) of the Parliament and prorogues them. He can dissolve the Lok Sabha. As per Article 74, President shall abide by the aid and advice of the Council of Ministers headed by the Prime Minister provided the given advice is in accordance with the constitution. Article 143 gave power to the president to consult supreme court for constitutional validity of any issue.

The President inaugurates the Parliament by addressing it after the general elections and also at the beginning of the first session each year. Presidential address on these occasions is generally meant to outline the new policies of the government.

Appointment Powers

The President appoints, as Prime Minister, the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The President then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister.

1. The Council of Ministers remains in power during the 'pleasure' of the President.

2. The President is responsible for making a wide variety of appointments. These include:

Governors of States

3. The Chief Justice, other judges of the Supreme Court and High Courts of India

4. The Chief Minister of National capital territory of Delhi (Article 239 AA 5 of the constitution)

5. The Attorney General

6. The Comptroller and Auditor General

7. The Chief Election Commissioner and other Election Commissioners

8. The Chairman and other Members of the Union Public Service Commission

9. Vice Chancellor of central university and academic staff of central university through his nominee

10. Ambassadors and High Commissioners to other countries (Only through the list of names given by the Prime Minister).

Financial Powers

All money bills originate in Lok Sabha / House of the people (Article 109). The president shall cause to be laid before Parliament (Article 112), the Annual Budget and supplementary Budget for its approval. No money bill can be introduced in Parliament without his assent. The President appoints a finance commission every five years. Withdrawal from the contingency fund of India is done after the permission of the President. The Contingency Fund of India is at the disposal of the President.

Judicial Powers

The President appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. He dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by a two-thirds majority of the members present. 

According to Article 143 of Indian Constitution, if the President considers a question of law or a matter of public importance has arisen, he can ask for the advisory opinion of the Supreme Court.

Diplomatic Powers

All international treaties and agreements are negotiated and concluded on behalf of the President. However, in practice, such negotiations are usually carried out by the Prime Minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are subject to the approval of the Parliament. The President represents India in international forums and affairs where such a function is chiefly ceremonial. The President may also send and receive diplomats, i.e. the officers from the Indian Foreign Service. The President is the first citizen of the country. 

Military Powers

The President is the Commander-in-Chief of the Defense forces of India. The President can declare war or conclude peace, subject to the approval of the parliament and the advice of the Prime Minister ,Council of the Chiefs of Staffs of the Armed Forces, Military Secretary and President's Officer (Deputy Military Secretary). All important treaties and contracts are made in the President's name. He also appoints the chiefs of the service branches of the armed forces.

Pardoning Powers

mentioned in Article 72 of Indian Constitution, the President is empowered with the powers to grant pardons in the following situations: 

1. Punishment is for offence against Union Law

2. Punishment is by a Military Court

3. Sentence is that of death.

The decisions involving pardoning and other rights by the President are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most cases, however, the President exercises his executive powers on the advice of the Prime Minister and the cabinet.

Emergency Powers

The President can declare three types of emergencies: national, state, financial under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.

National Emergency

National emergency can be declared in the whole of India or a part of its territory on causes of war or armed rebellion or an external aggression. 

Under Article 352 of the India Constitution, the President can declare such an emergency only on the basis of a written request by the Cabinet Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval, there's no maximum duration.

In such an emergency, Fundamental Rights of Indian citizens can be suspended.The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended.(Article 21)

State Emergency- If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he can declare a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of 2 months.

Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months.

A State Emergency can be imposed via the following:

By Article 356 – If that state failed to run constitutionally i.e. constitutional machinery has failed

By Article 365 – If that state is not working according to the given direction of the Union Government. 

This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if

A state of National Emergency has been declared in the country or in the particular state.

The Election Commission finds it difficult to organize an election in that state.

Financial Emergency

Under Article 360 of the constitution, President can proclaim financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened. However till now, no guide lines defining the situation of financial emergency in the entire country or a state or a union territory or a panchayat or a municipality or a corporation, are framed either by finance commission or by central government. Such an emergency must be approved by the Parliament within two months by simple majority. It has never been declared. A state of financial emergency remains in force indefinitely until revoked by the President.

The President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts, in case of a financial emergency. All money bills passed by the State legislatures are submitted to the President for approval. He can direct the state to observe certain principles (economy measures) relating to financial matters

 Position of President

The President of India is the formal head of the executive, legislature and judiciary of India and is the commander-in-chief of the Indian Armed Forces Powers and Position of President of India 

Art- 53(1) says that the executive power of the Union shall be vested in the President and shall be   exercised by him either directly or through officers subordinate to him in accordance with the constitution.

Thus the President of India has been given wide and far-reaching powers which he enjoys both during normal and emergency time. But after the passing of the Constitution Forty-Second (1976) and Forty-Fourth (1978) Amendment Acts, the President of our Republic has become a Constitutional figurehead and nothing beyond that. The Supreme Court through various decisions has upheld the position that the President is a constitutional head and as such he is as much bound by the advice of his Ministers during emergency as during normal time.

Position of President prior to 42nd Amendment Act of 1976 

Explaining the position of the president in the Constituent Assembly Dr. Ambedkar said:  “Under the Draft Constitution the president occupies the same position as the King under the English Constitution. He is the head of the State but not does not rule the nation. He is the symbol of the nation. His place in the administration is that of a ceremonial device on a seal by which the nation’s decisions are made known. He will be generally bound by the advice of the Ministers. He can do nothing contrary to their advice nor can do anything without their advice.”

Dr. Rajendra Prasad expressed a similar view in these words: 

“Although there is no specific provision of the Constitution itself making it binding on the president to accept the advice of his ministers, it is hoped that the convention under which in England the King always acted on the advice of his Ministers, would be established of this country also and the president would become constitutional president in all matters.”

Case- Ram Jawaya v. State of Punjab

The Court observed, “Under Art- 53(1) of our constitution the executive power of the union is vested on the president but under Art 74 there is to be a council of ministers with the prime minister as the head to aid and advice the president in the exercise of his functions. The president has thus been made a formal or constitutional head of the executive and the real executive powers are vested in the ministers or cabinet…..”

Case- UN Rao v. Indira Gandhi

The Supreme Court held that even after the dissolution of the Lok Sabha the council of ministers does not cease to hold office. Art- 74(1) is mandatory and therefore the president cannot exercise the executive power without the aid and advice of the Council of Ministers.

Position of President after 42nd Amendment Act, 1976

This amendment removes all doubts about the position of the president under the Indian Constitution. It has amended Art- 74 of the Constitution which makes it clear that the president shall be bound by the advice of the council of ministers. It says :

“ there shall be council of ministers with the Prime minister at the head to aid and advice the president who shall, in exercise of his functions act in accordance with such advice”.

44th Amendment Act, 1978- This amendment has inserted the following proviso in clause (1) of Art- 74:  “Provided that the president may require the council of ministers to reconsider such advice, either generally or otherwise, and the president shall act in accordance with the advice tendered after such reconsideration.” 

The 44th Amendment recognizes this limited but essential role of the president under the Indian Constitution. But the weak position of the president does not mean that his office is superfluous. He is the symbol of Indian National Unity. He plays a vital role in the working of the government. Being impartial and above party politics, he exerts or is likely to exert his influence on the decisions of the prime minister.