Powers & Functions of the President

The President’s powers are grouped under seven heads as below. Think of the President as the constitutional apex — formally very powerful — but mostly a symbolic guardian whose exercise of power is guided by the Constitution, conventions and the Council of Ministers. The heads are:

We’ll take each head, explain what the President can do, how it is actually exercised (constitutional practice), and why it matters.

1. Executive powers

Core idea: All executive actions are in the name of the President, but most are taken on the advice of the Council of Ministers headed by the Prime Minister.

Key functions:

• Formal source of executive authority — every government order is issued in the name of the President.
• He/she can make rules about authentication of instruments and allocation of business among ministers (helps administrative housekeeping).
• Appointment powers: appoints the Prime Minister and other Ministers (they hold office during the President’s pleasure in theory, but in practice they serve as long as they enjoy parliamentary confidence). Appoints Attorney General (holds office during pleasure).
• Appoints key constitutional and statutory functionaries: CAG, Chief Election Commissioner & Election Commissioners, UPSC chairman/members, Governors, Finance Commission members, etc.
• Can seek information from the Prime Minister on Union administration; can require a matter to be placed before the Council of Ministers for reconsideration.
• Can constitute commissions (e.g., backward-classes commission) and an inter-state council to improve Centre–State relations.
• Direct control of Union Territories — administers them through Administrators appointed by the President.
• Power to declare scheduled areas and powers concerning tribal administration.

Practical note: Although the President has wide appointment powers, convention requires that appointments of ministers and the day-to-day executive be guided by ministerial advice. Discretionary exceptions exist (e.g., appointment of a PM in a hung Parliament).

2. Legislative powers

Core idea: The President is part of Parliament and plays an essential role in law-making — primarily as a constitutional check and facilitator.

Key powers:

• Summon, prorogue Parliament and dissolve the Lok Sabha. Can summon a joint sitting of both Houses (presided by Speaker).
• Address Parliament at the first session after a general election and at the first session each year.
• Send messages to either House (inform/seek action).
• Temporary presiding appointments: if Speaker/Deputy Speaker vacancies exist, the President can appoint a Lok Sabha member to preside, and similarly for Rajya Sabha.
• Nominations: nominates up to 12 members to Rajya Sabha (people of literature, science, art, social service). (Nomination to Lok Sabha for Anglo-Indian community has been discontinued by 104th Amendment.)
• Decides, in consultation with the Election Commission, questions of parliamentary disqualification.
• Prior recommendation (President’s recommendation) is needed to introduce certain categories of bills in Parliament — notably money bills, bills affecting states’ interests in taxation, bills altering state boundaries, etc. This is a major constitutional control on legislative initiative.
• Assent & return: A bill passed by Parliament can be:
  • Assented to, or
  • Withheld, or
  • Returned to Parliament for reconsideration (if not a money bill). If Parliament passes it again (with or without amendments), the President must give assent.
• For state bills reserved by Governor for the President’s consideration, the President may assent, withhold assent, or direct return for reconsideration. Importantly, if a state legislature passes such a bill again and sends it back, the President is not bound to give assent — this is an important federal check.
• Ordinance-making power: When Parliament is not in session, the President can promulgate ordinances which have the force of law. These must be approved by Parliament within six weeks of reassembly; the President can withdraw ordinances anytime.
• Lays important constitutional reports (CAG, UPSC, Finance Commission) before Parliament.
• Can make regulations for certain Union Territories (Andaman & Nicobar, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, Ladakh) and for Puducherry when its Assembly is suspended/dissolved.

Practical highlight: The President’s legislative role combines administrative management (summoning/dissolving) and a critical constitutional check through assent, return, reservation and ordinances.

3. Financial powers

Core idea: The President is central to the Union’s financial architecture — money flows only with presidential sanction.

Key functions:

• Money bills can be introduced only with the President’s prior recommendation.
• Causes the annual financial statement (Union Budget) to be laid before Parliament.
• No demand for grants can be made except on the President’s recommendation.
• Can make advances from the Contingency Fund of India to meet unforeseen expenditure.
• Constitutes the Finance Commission every five years to recommend distribution of revenues between Centre and States.

Essential point: Financial initiations are tightly controlled — reinforcing the President’s role as the constitutional gate-keeper of public funds (but again, government policy and budgetary details originate with ministers).

4. Judicial powers

Core idea: The President performs important judicial or quasi-judicial functions, largely in the sphere of appointments and clemency.

Key powers:

• Appointment of judges: appoints the Chief Justice and other judges of the Supreme Court and High Courts (on the basis of consultation/collegium conventions).
• Reference to Supreme Court: can seek advisory opinion from the Supreme Court on questions of law or fact (this advice is not binding).
• Clemency powers (Article 72): can grant pardon, reprieve, respite, remission, commute sentences, suspend or remit punishment — including death penalty cases, court-martial sentences, and offences under Union law. This is a humanitarian and constitutional safety-valve.

Important: Clemency is perhaps the most visible judicial power of the President; it combines moral judgment and constitutional remedy.

5. Diplomatic powers

Core idea: The President is India’s formal face in international relations.

Key functions:

• Negotiates and concludes treaties and agreements on behalf of India (subject to parliamentary approval when required).
• Receives and accredits ambassadors and high commissioners.
• Represents India in international forums and ceremonies.

Practical nuance: While the President signs treaties, the executive (Government of India) normally negotiates them, and Parliament may have a role in ratifying important treaties or implementing them by law.

6. Military powers

Core idea: The President is the supreme commander of India’s defence forces — formally the highest authority, with operational control exercised by the government.

Key powers:

• Supreme Commander of the Defence Forces.
• Appoints the Chiefs of Army, Navy and Air Force.
• Can declare war or conclude peace, subject to Parliamentary approval (this ensures democratic accountability).

Note: Military powers are largely formal and exercised on the advice of the Council of Ministers and the Defence Establishment.

7. Emergency powers

This is where the President’s powers become extraordinary — invoked in three distinct situations.

(a) National Emergency (Article 352)

Grounds: War or External aggression or Armed rebellion.

Powers during national emergency:

• Amend the centre–state financial relations (centralise financial resources).
• Can suspend Fundamental Rights (except the Right to life & personal liberty — Article 21 — and rights under Article 20 in certain interpretations; note: in practice Article 21 remains, but several rights have been read down during emergency).
  (suspension of rights during emergency has important judicial and historical implications — study cases like ADM Jabalpur and later their overruling or correction by the Courts.)

(b) President’s Rule (Article 356 & 365) — State Emergency

Grounds: Failure of constitutional machinery in a State or failure to comply with directions of the Union.

Powers when imposed:

• President may assume to himself (i.e., to the Union) functions of the state government or vest them in the Governor or any authority.
• State legislature’s powers may be exercisable by or under authority of Parliament.
• When Lok Sabha not in session, President can authorise expenditure from a State’s Consolidated Fund pending Parliamentary sanction.

Important: Article 356 has been historically sensitive (misuse in past); Supreme Court’s S.R. Bommai judgment put significant judicial limits on arbitrariness.

(c) Financial Emergency (Article 360)

Ground: When the President is satisfied that financial stability or credit of India or any part is threatened.

Powers during financial emergency:

• President can issue directions for reduction of salaries and allowances of Union/State employees, including judges of High Courts and Supreme Court, and direct measures for financial compliance by States.

Practical note: These emergency powers are drastic and meant for exceptional situations. Their use is constitutionally and politically delicate and subject to judicial review.

A few constitutional practices & checks — the soft architecture

• Aid & advice: The President acts on the aid and advice of the Council of Ministers in most matters (Article 74). This keeps real executive power with the elected government.
• Discretionary powers: There are limited areas where the President has discretion — e.g., when no party has clear majority in Lok Sabha and he/she must choose a Prime Minister.
• Judicial review: Many presidential actions (esp. proclamations under Articles 352/356/360) are subject to judicial review by the Supreme Court — an important constitutional check.
• Parliamentary oversight: Parliament controls finances and can call executive to account (questions, motions). President’s role in budgeting is formal but pivotal.

Exam-oriented tips (how to answer, what to remember)

• When asked about powers of the President, always name the seven heads first — that gives structure.
• Use the aid and advice doctrine to explain the difference between formal power and real power.
• For emergency powers, mention Articles (352, 356, 360) and a one-line consequence (suspension of rights, centralisation, financial controls).
• Distinguish assent/return/withhold for Parliamentary bills and reservation for State bills (and remember that President need not assent even if state passes it again).
• If asked about misuse, cite the historical sensitivity of Article 356 and judicial restraining (S.R. Bommai — remember the name).