Constitutional Law

The Mighty Pen: Unpacking the Power of the President of India



The President of India is the head of state and the first citizen, he holds a position of immense symbolic and constitutional power. While India follows a parliamentary system where the Prime Minister is the head of government and the actual executive authority rests with the Council of Ministers, the President remains a vital cog in the machinery of the state.Their powers, meticulously laid out in the Constitution of India, span across executive, legislative, judicial, financial, diplomatic, and military domains, as well as the crucial authority to declare emergencies.

Executive Authority (Article 53 & 77): Article 53(1) of the Constitution explicitly states that the executive power of the Union shall be vested in the President and shall be exercised by them either directly or through officers subordinate to them in accordance with the Constitution. However, Article 74(1) introduces a crucial caveat, stating that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of their functions, and the President shall, in most cases, act in accordance with such advice.

Despite this, the President's executive powers are far-reaching. All executive actions of the Government of India are formally taken in the President's name (Article 77). They appoint the Prime Minister (Article 75), and on the Prime Minister's advice, appoint other ministers. Key officials such as the Attorney General of India, Comptroller and Auditor General, Governors of states, Chief Election Commissioner and other Election Commissioners, and the Chairman and members of the Union Public Service Commission are also appointed by the President. They can also seek information from the Prime Minister regarding the affairs of the Union and proposals for legislation (Article 78).

Legislative Prerogatives (Articles 85, 86, 87, 103, 111, 123): The President is an integral part of the Parliament (Article 79). They have the power to summon and prorogue the Parliament and dissolve the Lok Sabha (Article 85). The President addresses both Houses of Parliament at the commencement of the first session after each general election and at the beginning of the first session of each year (Article 86 & 87). They can also send messages to either House of Parliament concerning any bill or other matter.

A significant legislative power is the President's role in the enactment of laws. A bill passed by both Houses of Parliament must receive the President's assent to become an Act (Article 111). The President has three options: give assent, withhold assent, or return the bill (if it is not a money bill) for reconsideration. If the bill is passed again by Parliament, with or without amendments, the President is constitutionally bound to give their assent.

Furthermore, Article 123 grants the President the power to promulgate ordinances when either House of Parliament is not in session, provided they are satisfied that circumstances exist which render it necessary for them to take immediate action. These ordinances have the same force and effect as an Act of Parliament but must be laid before both Houses and cease to operate at the expiration of six weeks from the reassembly of Parliament, or earlier if disapproved by resolutions of both Houses. The Supreme Court in R.C. Cooper v. Union of India (1970) held that the President's satisfaction to promulgate an ordinance is not entirely immune from judicial review.

Judicial Functions (Article 72 & 143): The President possesses significant judicial powers, most notably the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offense in all cases where the punishment is by a court-martial, for an offense against a Union law, or is a sentence of death (Article 72). The Supreme Court in Kehar Singh v. Union of India (1989) clarified that while exercising this power, the President acts independently of the judiciary, and the scope of judicial review of such decisions is limited.

Article 143 empowers the President to consult the Supreme Court on any question of law or fact of public importance.However, the advice tendered by the Supreme Court is not binding on the President.

Financial Powers (Articles 110, 112, 113, 280): The President plays a crucial role in the financial affairs of the nation.Money bills can be introduced in Parliament only on the President's recommendation (Article 110). The President causes the Annual Financial Statement (Union Budget) to be laid before both Houses of Parliament (Article 112). No demand for a grant can be made except on the President's recommendation (Article 113). Additionally, the President constitutes a Finance Commission every five years to recommend the distribution of revenues between the Union and the States (Article 280).

Diplomatic and Military Authority (Article 53(2) & 253): The President is the head of state and represents India in international forums and affairs. All international treaties and agreements are negotiated and concluded on behalf of the President (Article 253), although they are subject to parliamentary approval in most cases. Article 53(2) vests the supreme command of the Defence Forces of the Union in the President, and the exercise thereof is regulated by law. The President appoints the Chiefs of the Army, Navy, and Air Force. They also have the power to declare war or conclude peace, subject to the approval of Parliament.

Emergency Powers (Articles 352, 356, 360): The Constitution grants the President extraordinary powers to deal with emergencies. They can declare a National Emergency if they are satisfied that the security of India or any part thereof is threatened by war, external aggression, or armed rebellion (Article 352). Under Article 356 (often referred to as President's Rule), the President can take over the administration of a state if the constitutional machinery has failed. A Financial Emergency can be declared under Article 360 if the President is satisfied that the financial stability or credit of India or any part of its territory is threatened. These are significant powers that can have a profound impact on the federal structure and fundamental rights, and their exercise has been subject to judicial scrutiny over time.

To conclude the President of India, while largely a constitutional head, wields considerable power under the Constitution. These powers, though often exercised on the advice of the Council of Ministers, are essential for the functioning of the Indian state, ensuring its integrity, security, and adherence to constitutional principles. The delicate balance between the President's formal authority and the executive power of the government is a cornerstone of India's parliamentary democracy, constantly shaped and interpreted through constitutional practices and judicial pronouncements.