Powers of President

1. Constitutional position and executive powers

Articles 52 and 53 establish the office of President and vest Union executive power in it. India nevertheless follows parliamentary government, not a presidential executive. Under Articles 74 and 75, the Council of Ministers headed by the Prime Minister advises the President and is collectively responsible to the Lok Sabha. In Shamsher Singh v. State of Punjab (1974), the Supreme Court affirmed that the President and Governors ordinarily function as constitutional heads acting on ministerial advice.

The 42nd Amendment expressly made presidential action subject to ministerial advice. The 44th Amendment allowed the President to require reconsideration, either generally or otherwise, but the reconsidered advice is binding. Article 74(2) prevents courts from inquiring into whether, and what, ministerial advice was tendered; it does not make every resulting executive action immune from judicial review.

The President appoints the Prime Minister and, on the Prime Minister’s advice, other ministers. Other appointments include Governors, the Attorney-General, the Comptroller and Auditor-General, Supreme Court and High Court judges, and members of the Union Public Service Commission. These powers operate within constitutional provisions, applicable statutes and judicially established procedures. Presidential appointment therefore does not imply unrestricted personal selection.

Under Article 77, Union executive action is expressed in the President’s name. The President makes rules for the convenient transaction and allocation of government business. Article 78 entitles the President to information from the Prime Minister and permits requiring a matter decided by an individual minister to be placed before the Council of Ministers.

• Article 73 generally links Union executive power to Parliament’s legislative competence, subject to constitutional limitations.
• The constitutional pleasure governing ministerial tenure operates within responsible government, not as an arbitrary power of dismissal.

2. Legislative powers, assent and ordinances

Under Article 79, Parliament consists of the President and the two Houses. The President summons and prorogues Parliament and dissolves the Lok Sabha under Article 85, ordinarily on advice. The President addresses Parliament, sends messages to either House, and delivers the special address under Article 87 after each general election and at the first session each year. Twelve Rajya Sabha members are nominated for special knowledge or practical experience in literature, science, art and social service.

Article 111 allows assent to or withholding of assent from a parliamentary Bill. A Bill other than a Money Bill may be returned once for reconsideration. If Parliament passes it again, with or without amendment, the President cannot withhold assent. A Money Bill cannot be returned. Under Article 368, the President must assent to a Constitution Amendment Bill duly passed through the prescribed procedure.

Textbooks describe withholding assent as an absolute veto and returning a Bill as a suspensive veto. A pocket veto describes keeping a Bill pending because Article 111 specifies no express decision deadline; it is not a separately named constitutional power. The President has no line-item veto. Under Article 108, the President may summon a joint sitting for specified legislative deadlocks, but not for Money Bills or Constitution Amendment Bills.

Article 123 permits an ordinance when both Houses are not simultaneously in session and immediate action is necessary. It has the force of an Act but cannot exceed Parliament’s legislative competence or amend the Constitution. It must be laid before both Houses and ordinarily expires six weeks after Parliament reassembles; where the Houses reassemble on different dates, the later date counts. Re-promulgation to bypass the legislature was condemned in D.C. Wadhwa (1987) and Krishna Kumar Singh (2017).

• Article 201 separately governs assent to state Bills reserved for the President.
• An ordinance may also cease through parliamentary disapproval or be withdrawn earlier.

3. Financial, diplomatic and military powers

Under Article 112, the President causes the Annual Financial Statement to be laid before both Houses. Article 117 requires prior presidential recommendation for introducing a Money Bill and specified Financial Bills. A Bill involving expenditure from the Consolidated Fund cannot be passed unless the President has recommended its consideration. Under Article 113, no demand for a grant can be made except on presidential recommendation.

The President constitutes the Finance Commission under Article 280 every five years, or earlier if necessary. The Contingency Fund of India is placed at the President’s disposal under Article 267 to permit advances for unforeseen expenditure pending parliamentary authorisation. This does not replace Parliament’s authority over taxation, grants and appropriation.

The President formally represents India internationally, accredits Indian diplomatic representatives and receives foreign envoys. Treaty-making is an executive function, but implementation may require legislation where domestic law must change; Article 253 empowers Parliament to enact implementing laws. Supreme command of the Defence Forces is vested in the President under Article 53, while its exercise is regulated by law and the system of responsible government.

• The President does not personally formulate the Budget or independently command military operations.
• Not every international agreement requires prior parliamentary ratification under the Constitution.

4. Clemency and advisory jurisdiction

Article 72 empowers the President to grant pardons, reprieves, respites or remissions, or suspend, remit or commute sentences. It covers punishment imposed by court martial, offences against laws concerning matters within Union executive power, and every case involving a death sentence. Article 161 gives Governors a different clemency jurisdiction linked to state executive power.

A pardon removes the punishment and associated legal consequences; commutation substitutes a lighter form of punishment. Remission reduces the duration without changing its character. Reprieve temporarily postpones execution, while respite grants a lesser punishment because of special circumstances. These distinctions are frequent Prelims testing points.

In Maru Ram v. Union of India (1980), the Supreme Court held that constitutional clemency operates on ministerial advice. Kehar Singh v. Union of India (1989) recognised that the President may examine the merits of a case while considering mercy. Epuru Sudhakar (2006) affirmed limited judicial review for defects such as mala fides, irrelevant considerations and non-application of mind. Clemency is therefore neither a personal favour nor wholly beyond judicial scrutiny.

Under Article 143, the President may refer questions of public importance involving law or fact to the Supreme Court for its advisory opinion. This is distinct from appellate jurisdiction and from the President’s clemency power.

• Article 72(3) preserves a Governor’s legally available power to suspend, remit or commute a death sentence.
• Do not equate a mercy petition with a judicial appeal against conviction.

5. Emergency powers and limited constitutional judgment

Article 352 permits a National Emergency on grounds of war, external aggression or armed rebellion, including imminent danger. The President must receive the Union Cabinet’s written decision. Parliamentary approval is required within one month, with special-majority approval for continuation. Article 356 concerns failure of constitutional machinery in a state; the President may act on a Governor’s report or otherwise. S.R. Bommai v. Union of India (1994) established important limits through judicial review and emphasised floor tests for disputed legislative majorities.

Article 360 permits a Financial Emergency where India’s financial stability or credit, or that of any part of its territory, is threatened. It has never been proclaimed. Emergency powers belong to the constitutional executive framework and do not authorise personal presidential rule. Articles 20 and 21 remain protected against suspension of the right to move courts for their enforcement under Article 359.

Limited constitutional judgment may arise when no party or coalition has a clear Lok Sabha majority and a Prime Minister must be appointed. The objective is to identify a government capable of obtaining the House’s confidence, not to choose a preferred political programme. A floor test is the appropriate means of resolving genuine majority disputes. Dissolution advice from a government that has lost confidence may also require assessing whether an alternative government is feasible.

• Distinguish exceptional constitutional judgment from a general discretion to disregard the Council of Ministers.
• For Prelims, associate Articles 352, 356 and 360 with their separate grounds, procedures and consequences.

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