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Powers and Functions of President in India

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). The President is the common head of all independent
constitutional entities. All his actions, recommendations (Article 3, Article 111,
Article 274, etc.) and supervisory powers (Article 74(2), Article 78 c, Article 108,
Article 111, etc.) over the executive and legislative entities of India shall be used
in accordance to uphold the constitution. There is no bar on the actions of the
President to contest in the court of law.
The President of India is the Head of State. The system of government of India is
a cabinet form of government. The Indian President is, therefore, a
constitutional head like the King or Queen of Britain—that is, all executive
powers are constitutionally vested in him, although those are actually exercised
and executed by the cabinet.
In India the powers of the Union government are treated as the powers of the
President because these powers are used in his name in pursuance of the
constitutional stipulation under Article 53 which reads: The executive powers of
the Union shall be vested in the President and shall be exercised by him either
directly or through the officers subordinate to him in accordance with this
Constitution.
The constitutional powers and functions of the President of India may be
classified into six principal types.
The constitutional powers and functions of the President of India may be
classified into six principal types.
Executive Functions
1. Head of the Union: The President is at the head of the Union Executive.
Consequently, all executive powers are exercised in his name. The
executive power of the Union to be exercised by the President is extended
to the matters with respect to which Parliament has power to make laws
and to conclude treaty and agreement.
2. Appointments: As head of the executive, the President appoints the
Governors of States, the Judges of the Supreme Court and the High Courts,
the Auditor General of India and many other high officials, such as the
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members of Finance Commission, Election commission, Union Public

commission etc.
3. Appointment of the Prime Minister and other Ministers: The President
also appoints the Prime Minister and with his advice the other Ministers
of the Union Council of Ministers. But here too, as in all other
appointments, the President can seldom use his discretion. He is,
ordinarily, duty-bound to summon the leader of the political party which
secures an absolute majority in the Lok Sabha to become the Prime
Minister and form the Ministry. He does enjoy some discretionary powers
in the matter only under exceptional circumstances. When no single
political party wins a clear absolute majority and, as a result, no Council
of Ministers can be formed without a coalition of parties the President can
exercise his discretion judiciously in appointing the Prime Minister. Such
situations developed in the past
4. Can ask to prove Majority in Lok Sabha: Union Council of Ministers
normally remains in office for five years, unless dissolved earlier for any
reason. The President must be satisfied that the Council of Ministers
enjoys the confidence of the majority of the Lok Sabha.
5. Supreme Commander: As head of State, the President is the supreme
Commander of the Armed Forces of India and is entitled to declare war or
conclude a treaty.

Legislative Powers and Functions

1. President is a part of Parliament: The Union Legislature or Parliament
consists of the President and two Houses of Parliament. The President is,
therefore, an integral part of Union Legislature. He shall summon from time
to time, either separately or jointly, the Houses of Parliament. The President
can prorogue the Houses or either House of Parliament and, if necessary, can
dissolve the lower Chamber of Parliament, the Lok Sabha. For example, the
President solved the twelfth Lok Sabha in early 1999 when the confidence
motion in favour your of the Vajpayee government was lost in the Lok Sabha.
2. Summons and Addresses Parliament: The President may address either or
both House of Parliament. In such address, at the first session after general
election to the Lok Sabha and at beginning of a joint session of Parliament
each year, he may place the reasons for summoning it. Apart from addressing
Parliament, the President may also, in case of 3 necessities, send messages
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to either House, or to both Houses [Article 86(2)]. Normally, the President

does not send such a message, unless however, he has a serious
disagreement with the Council of Ministers.
3. Nomination: The President nominates a number of members in both
Houses. The chief purpose of the nomination is to ensure adequate
representation in Parliament of all sections of population which many not
always be achieved through elections.
4. Power in respect of Bills: The President has certain functions in respect of
passing of a Bill. A bill passed by both the Houses of Parliament requires his
assent in order to become an Act. He may give his assent to a bill or can
withhold assent when a bill, after getting approved in both the Houses, is
placed before the President. But, if Parliament, acting on President’s refusal
to assent to a bill, passes it again with or without amendment, for the second
time and presents it to the President for his approval, the President shall not
withhold his assent there from under Article 111. In other words, it becomes
obligatory upon him to give his assent. In certain cases, prior sanction of the
President is required for initiating any legislation. For instance, bill for
formation of a new State or altering the boundaries of the existing State or
States is to be placed before Parliament with prior approval of the President.
Money bill is another example where obtaining of such approval of the
President is a constitutional necessity.
5. Bill passed by a State Legislature: A bill passed by a State Legislature may
also be reserved for the consideration of the President by the Governor of
that State. The President enjoys this right in relation to a bill passed by a State
Legislature only in such cases where those are referred to him by the
Government of a State under Article 200.

Power to Promulgate Ordinances

Except when both Houses of Parliament are in session, the President may
promulgate such Ordinances as the circumstances appear to him to require
(Article 123). Such an ordinance can have the same force and effect of an Act
of Parliament. Such an ordinance shall cease to operate unless passed by
both Houses of Parliament within the stipulated period. A.K. Roy vs. Union
of India (1982) illustrates the proposition that the satisfaction of the
President must be as to the existence of a situation which makes it necessary
for the President to promulgate such on Ordinance.
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The more controversial and debatable legislative power of the President has
always been the Ordinance Making Power. Usually the power to make the
laws rests with the Parliament. However, special power on the President
empowering him to promulgate ordinances when the Parliament is not in
session and the circumstances are such which 4 require immediate action.
An ordinance cannot be promulgated when both the houses of parliament
are in session However it may be passed when only one house is in session
the reason being that a law cannot be passed by only one house and thus it
cannot meet a situation calling for immediate legislation. This power granted
to the President in the Indian Constitution is unique and no such power has
been conferred upon the executive in Britain or the USA
In justification of the inception of the Ordinance Making power in the
Constitution Dr Ambedkar said that there might be a situation of emergency
when the Houses of the parliament are not in session. It is important that
this situation should be dealt with and it seems to me that the only solution
is to confer upon the President the power to promulgate the law which will
enable the executive to deal with that particular situation because it cannot
resort to the ordinary process of law because the legislature is not in session

Financial Powers and Functions

The President of India also exercises financial powers. No money bill can be
introduced in Parliament without the recommendations of the President.
According to the Constitution of India, the Annual Financial Statement is
placed by the President before both the Houses of Parliament. This
statement shows the estimates of revenue and expenditure of the central
Government for the next year. It may be pointed out that the proposal for
taxation and expenditure cannot be made without the approval of the
President. . No proposal for spending money or raising revenues for purposes
of government can be introduced in Parliament without previous permission
of the President.
Emergency Powers of the President
1. The constitution of India empowers the President to proclaim three kinds
of Emergencies: National Emergency (Art. 352); 2. Emergency for failure
of Constitutional Machinery in a State (Art. 356); 3. Financial Emergency
(Art. 360)
1 National Emergency The President of India may issue a Proclamation of
National Emergency when the security of India or any part thereof is
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threatened by war, armed rebellion or external aggression. Such a

Proclamation of Emergency may remain in force for an indefinite period.
During a Proclamation of National Emergency, the executive power of the
States is to be exercised in accordance with the directions given by the
Central Government. Parliament has the power to make laws on the
subjects enumerated in the State List. The right to freedom of speech and
expression, freedom to form association, freedom to practice and
profession, etc., embodied in Article 19 shall remain suspended
2. Failure of State Constitutional Machinery In Case of failure of
Constitutional machinery in a State, the President of India is authorized
to make a Proclamation to that effect. The maximum duration of this type
of emergency is three (3) years. During such an emergency, the President
may assume to himself the executive powers of the State. The powers of
the legislatures of the State are to be exercised by the Union Parliament
3. Financial Emergency The President may also issue a Proclamation of
Financial if he is satisfied that the financial stability of India is threatened.
This type of emergency may continue to remain in force for an indefinite
period. The Central Government may give directions to the States for
canons of financial propriety. All money-bills passed by the State
Legislatures are to be reserved for the consideration of the President.

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). 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.
Military powers
The President is the Supreme Commander of the Indian Armed Forces.
The President can declare war or conclude peace on the advice of the
Union Council of Ministers headed by the Prime Minister.
All important treaties and contracts are made in the President's [Link]
also appoints the chiefs of the service branches of the armed forces.
Pardoning Powers / Judicial Powers
The President of India grants, pardons, reprieves or remissions of
punishment to any person who has been convicted by a Court of Law. As
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mentioned in Article 72 of the Indian Constitution, the President is

empowered with the powers to grant pardons in the following situations:
• Punishment is for an offence against Union Law
• Punishment is by a Military Court
• Sentence is that of death