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Answer
Article 52
of Indian Constitution provides provision for the post of the President, it
reads as:
“There
shall be a President of India”.
Further, Article 53(1) vests the
executive power of the union in the hands of the President and provides that,
“It shall be exercised by him either directly or through officers subordinates
to him in accordance with the Constitution.”
So, on a careful reading of Article
53(1), we get to know that the subordinate officers are none but the Prime Minister
and his Council of Ministers, as we follow the parliamentary form of
government. Therefore, to avoid any confusion, Article 74(1) provides that
there shall be a Council of Ministers with the Prime Minister to aid and advise
the President and such advice given by the Council of Ministers will be binding
on the President after reconsideration and shall not be questioned in any court
of law.
The constitutional powers and functions of the
President of India may be classified into seven principal types:
II. Legislative power,
III. Financial powers,
IV. Emergency powers,
V. Diplomatic powers,
VI. Military powers, and
VII. Judicial powers.
I.
Executive functions:
A.
Head of the Union: The President
is at the head of the Union Executive. Consequently, all executive powers are exercised on his name.
B.
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 members of Finance Commission, Election commission, Union Public commission etc.
C.
Appointment of PM and his council: 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 rest
of the members of his council shall be appointed upon the advice of the PM
only.
D. Supreme Commander: As
head of State, the President is the supreme Commander of the Armed Forces of India and. Declaration of war, signing of
treaties, all can only be done on the name of the president.
II.
Legislative powers:
A. President is the integral part of the parliament. 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, though with the advice on PM.
B. Summons and Addresses Parliament.
C. Nomination: The
President nominates a number of members in both Houses.
D. Power in respect of Bills: no bill can
become an act without the assent of president. But president is bound to give
his assent after sending it once for reconsideration to the parliament.
E. Ordinance making power: the president, upon the advice of the PM and
his council, may pass an ordinance, when the houses of parliament not in the
session. It shall carry the same effect as law passed in parliament.
III.
Financial powers:
A. No money bill can be introduced in the parliament without the prior
recommendation of president.
But here,
in this condition also, president only acts on the advice rendered by the
council of ministers.
IV.
Emergency powers:
President
is empower to proclaim the emergency, upon his satisfaction and following the
aid of the council of ministers:
A. National emergency, article 352
B. State emergency: article 356, and
C. Financial emergency: article 360.
V.
Diplomatic powers:
All
international treaties, agreements are done on the name of the president,
however, in practical sense, all are done by the PM and his council of
ministers.
VI.
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
mentioned in article 72 of the Indian Constitution.
Important cases
i.
S.R. Bommai v. Union of India:
in this case, the court held that:
A. No court is concerned with what advice was tendered by the Minister
to the President. The court is only concerned with the validity of the order
and not with what happened in the inner councils of the President and the
Minister.
B. An order cannot be challenged on the ground that it is not in
accordance with the advice tendered by the Minister.
C. If, in a given case, the President acts without, or contrary to, the
advice tendered to him, it may be a case warranting his impeachment, but so far
as the court is concerned, it is the act of the President.
ii.
Ram Jawaya Kapur v. State of
Punjab: the supreme court, in this case observed that it was the intent of the
Constituent Assembly to base the executive in India on the British model and
concluded that, article 74(1) binds the President to follow ministerial advice
as under the British system.
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