POWERS AND FUNCTIONS OF THE PRESIDENT
powers and functions of the president, executive powers, articles related to the particular president's participation, legislative powers, veto power of the president are explained.
The powers enjoyed, and the functions performed by the President, can be studied under the heads.
1 Executive powers2 Legislative powers
3 Financial powers 4 Judicial powers
5 Diplomatic powers6 Military powers 7 Emergency powers
Executive Powers :
The executive powers and functions of the President are:
All executive actions of the Government of India are formally taken in his name. He can make rules specifying the manner in which the orders and other instruments made and in his name shall be authenticated.
He can make rules for more convenient transactions of business of the Union government, and allocation of the said business among the ministers. The administrative power also includes the power to appoint and remove the high dignitaries of State. The President shall have the power to appoint.
The following persons are appointed by the President with the advice of the council of ministers headed by the prime minister.
1Article 75(1)Prime Minister & Council Ministers
2Article 76Attorney General of India
3Article 124(1)Chief Justice of Supreme Court and other Judges
4Article 148Comptroller & Auditor General of India
5 Article 155Governors of the States
6Article 217Chief Justice of High Courts and other Judges
7 Article 239Lieutenant Governors
8 Article 239(A) Chief Ministers of Union Territory
9 Article 262 National Water Resource Council
10 Article 263 Inter State Council
11 Article 280 Chairman and members of Finance Commission
12 Article 316 Chairman and members of UPSC
13 Article 323(A) Chairman and members of Central Administrative Tribunal
14 Article 324 Chief Election Commissioner and other Commissioners
15 Article 338 Chairman and members of National SC Commission
16 Article 338 (A) Chairman and members of National ST Commission
17 Article 338 chairman and members of National BC Commission
The President has the Power to treat any part of the country as a scheduled area.
Legislative Powers :
the president is a part of the Parliament. He exercises legislative powers with ministerial advice.
[Article 74 (1)] :
The President has power to summon or prorogue the Parliament and, he can dissolve the Loksabha , also summon joint sitting of both the houses of the parliament which is presided over by the speaker of Loksabha.
Addresses of both houses of Parliament assembled together, at the first session after each general election to the Loksabha and at the commencement of the first session of each year.
The president has the right to address either house or their joint sitting at any time, and to require the attendance of members for this purpose The President has the right to send messages to either house of parliament either in regard to any pending bill or to any other matter
Nomination of members to both the houses of the Parliament:
For Raja Sabha, 12 members are nominated These persons have the special knowledge or practical experience of Literature, Science, Art and Social Service [Article 80(3)1]
For lok sabha, not more than 2 members can be nominated by the President from the Anglo-Indian community, if he thinks this community is not adequately represented in Lok Sabha [Article 3311]
The President decides on questions of disqualification of MP in consultation with the Election Commission
He lays certain reports and statements before Parliament like: Reports of CAG, UPSC, Finance Commission, Special Officers for SCS/STS, Linguistic minorities Commission on backward classes and Annual Financial Statement (Budget)
VETO POWER OF THE PRESIDENT (Article 111):
A bill passed by the Parliament can become an act only if it receives the assent of the President When such a bill is presented to the President for his assent, he has three alternatives (under Article 111 of the Constitution):
l He may give his assent to the bill, or
2 He may withhold his assent to the bill, or
3 He may return the bill (if it is not a Money bill) for reconsideration of the Parliament However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, the President must give his assent to the bill
The object of conferring this power on the President is two-fold
(a) to prevent hasty and ill-considered legislation by the Parliament; and (b) to prevent legislation which may be unconstitutional
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