THE POWERS OF THE PRESIDENT OF INDIA-PART-I

THE POWERS OF THE PRESIDENT OF INDIA-PART-I

THE POWERS AND FUNCTIONS OF THE PRESIDENT OF INDIA ARE THE FOLLOWING.

  • EXECUTIVE POWER.
  • LEGISLATIVE POWER.
  • VETO POWER.
  • FINANCIAL POWER.
  • JUDICIAL POWER.
  • MILITARY POWER.
  • EMERGENCY POWER.
  • DIPLOMATIC POWER.
  • ORDINANCE MAKING POWER.
  • DISCRETIONARY POWER.
  • MISCELLANEOUS POWER.

EXECUTIVE POWERS OF THE PRESIDENT

  • Article 77, President can make rules specifying the manner in which the orders and instruments made and executed in his name shall be authenticated. President can make rules for the more convenient transaction of business of the Union Government.
  • Article 78, the President can seek information from the Prime Minister regarding the administration of the State. He can even ask the Prime Minister to submit the consideration of the Council of Ministers on any matter if a decision has been taken by the Minister but not by the Council.
  • President directly administers the Union Territories.
  • President can declare any area as Schedule Tribe. He has the powers to administer them.
  • The officers appointed by the President and held the office under his pleasure are- the Prime minister and his Council, Attorney General of India, Governors of the States, administers of the Union Territories.
  • The officers appointed by the President and do not hold the office under his pleasure are- the Comptroller and Auditor General of India, Chief Election Commissioner, Chairman and the members of the Union Public Service Commission and the Judges of the Supreme Court of India and High Courts of India.
  • The Bodies and Commissions appointed by the President of India are- Schedule Caste/Tribe and Other backward classes, Inter-State Council, Finance Commission, Chief of Army, Airforce and Navy, special officers for the linguist minorities.

LEGISLATIVE POWERS OF THE PRESIDENT

  • When a Bill is presented to the President for his consent he can take the following steps-
    • Give his assent to the bill.
    • Withhold the bill.
    • Return the bill. If the President returns the bill for the reconsideration of the Parliament. If the Parliament passes the bill again then the President is bound to give his assent.
  • Article 110, Money Bill, the President cannot return the Money Bill for the consideration. As it is introduced in the Parliament on his prior recommendation.
  • Article 111, If the President wants to return a bill, he has to do it As Soon As Possible. This means that the constitution does not prescribe any time limit for the President to return, refuse or give his assent to a bill.
  • In the case of Amendments, the President has to give his assent.
  • In the case of the Concurrent List, the president can restrict the Union as well as the State Government/s.
  • Prior recommendation of the President is required in the following cases-
    • Article 3, A bill for formation of a new State or altering its boundary.
    • Article 117 (1)-Money bill.
    • Article117(3)-Expenditure charged on the Consolidated Fund Of India.
    • Article 304, Restriction on the freedom of trade among State/s.
    • Bills for International Trade.
    • Article 31(1)- Matters under this Article.
  • The President can Summon, Prorogue or Dissolve the House Of People.
  • Article 108, President can ask the Speaker of the House Of People to conduct a Joint Sitting on a deadlock of the bill. He addresses both the Houses in Joint session, after General Elections and at the commencement of the first session every year.
  • President can any time address either House or Joint Sitting.
  • President may appoint an officer for the proceedings of the Parliament.
  • President nominates 12 members to the Upper House and 2 from the Anglo-Indian community in the Lower House.
  • On the qualifications of the members of Parliament, he discusses it with the Election Commission.
  • In the Parliament, the President lay down the several reports.

Madhvendra Mishra

Leave a Reply

Your email address will not be published. Required fields are marked *