Executive Power of President
- He has the power to establish rules for authenticating official documents and instruments, as well as to streamline the administration of government business and allocate tasks among ministers. (Article 77)
- He has the authority to appoint the Prime Minister and other ministers, as well as other key officials such as the Attorney General, the Comptroller and Auditor General, and State Governors etc. (Article 75)
- He can also request information from the Prime Minister and other ministers. He can initiate investigations into the conditions of marginalized communities and promote cooperation between the central government and the states. (Article 78)
- Additionally, he has the authority to appoint administrators for Union Territories (Article 239) and has the power to declare certain areas as scheduled or tribal areas (Article 244).
Judicial Powers of the President
- The President of India has the power to appoint the Chief Justice and other judges of the Supreme Court and High Courts.
- He also has the ability to consult the Supreme Court for advice on legal or factual matters, though the advice given is not binding on him. (Article 143)
- Additionally, the President has the authority to grant clemency, including pardons, reprieves, and commutations, to individuals convicted of offenses and can suspend or reduce sentences. (Article 72).
Legislative Power of the President
- He addresses the Parliament at the commencement of the first session after each general election and the first session of each year. (Article 87)
- He sends messages to the Houses of Parliament, whether with respect to a bill pending in the Parliament or otherwise. (Article 86)
- He appoints any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. (Article 93)
- He nominates 12 members of the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service. (Article 80)
- He decides on questions as to disqualifications of members of the Parliament in consultation with the Election Commission. (Article 103)
- His prior recommendation or permission is needed to introduce certain bills like the money bills in the Parliament. (Article 117)
- He can promulgate ordinances when Parliament is not in session. (Article 123)
Financial Powers of President
- Money bills can be introduced in Parliament only with his prior recommendation.
- He causes to be laid before the Parliament the annual financial statement (i.e., the Union Budget). (Article 110)
- No demand for a grant can be made except on his recommendation. (Article 113)
- He can make advances out of the contingency fund of India to meet any unforeseen expenditure. (Article 267)
- He constitutes a Finance Commission after every five years to recommend the distribution of revenues between the Centre and the states. (Article 280).
Diplomatic Powers and Functions
- The international treaties and agreements are negotiated and concluded on behalf of the President. However, they are subject to the approval of the Parliament. (Article 253)
- He represents India in international forums and affairs and sends and receives diplomats like ambassadors, high commissioners, etc.
Military Powers and Functions
- He is the supreme commander of the defense forces of India and he can declare war or conclude peace, subject to the approval of the Parliament.
Emergency Powers
- National Emergency (Article 352)
- President’s Rule (Article 356 & 365)
- Financial Emergency (Article 360)
Veto Powers
- Absolute veto: withholding of assent to the bill passed by the legislature. Condition for application
- With respect to private members’ bills (ie, bills introduced by any member of Parliament who is not a minister);
- With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.
- Qualified veto: which can be overridden by the legislature with a higher majority.
- Suspensive veto: which can be overridden by the legislature with an ordinary majority.
- Pocket veto: taking no action on the bill passed by the legislature.
- Note – The President of India is vested with three–absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of an Indian President; it is possessed by the American President.
Presidential Veto over State Legislation
- As per Article 201 of the Indian Constitution, when a bill is reserved by the Governor for consideration by the President, the President has three alternatives before him:
- First – To give his assent to the bill,
- Second – To withhold his assent to the bill,
- This gives the President the power of Absolute Veto over the State Legislation.
- Third – To direct the Governor to return the bill (if it is not a Money Bill) for reconsideration by the State Legislature.
- This gives the President the power of Suspensive Veto over the State Legislation.