Introduction

The President of India is the nominal head of the Indian state. The Constitution of India provides for a President of India under Article 52. All the executive decisions are made in the name of the President and this is why the President is also the formal executive head of the state of India.

Discussion

Privileges of the President of India: Article 361

The President of India enjoys certain privileges mentioned in Article 361 of the Indian constitution. 

• The President of India is immune from liability in court for the exercise of his powers and his performance of duties conferred upon his office or doing any act in the exercise of the said powers and duties or purported to do any such act while exercising his powers and duties as the President of India.
• Review of the conduct of the President of India can be undertaken by any such court, tribunal or other body which has been designated or appointed by either the Lok Sabha or Rajya Sabha for the investigation of the charges upon him in the impeachment process under Article 61.
• The immunity against being answerable to any court enjoyed by the President does not bar any person from bringing a suit against the Government of India.
• Under this article, the President is immune against any criminal proceedings instituted or continued against him while he is in the office of the President of India.
• During the term of the office of the President, no court can issue arrest or imprisonment of the President of India.

Other than the privileges of the President determined by the Parliament, a wide range of powers is enjoyed by the President of India. 

Executive Powers

All the executive privileges of the state are vested in the President of India under Article 53. The powers conferred upon the President of India can be directly or indirectly exercised by him through subordinate officers, according to the provisions of the Constitution.

The President can exercise powers regarding-

• Appointment of the PM and his Council of Ministers, and other high authorities
• Appointments of the judges of the Supreme Court and the High Courts
• Appointments to the office of the governors of the states, the Attorney General of India, CEC of India, the Comptroller and Auditor General of India.
• Other appointments to UTs and centrally administered regions.
• Removal of a Governor of a State, the Council of Ministers and the Auditor General of India.
• The President also exercises the right to be informed about the affairs of the nation.

 Legislative privileges enjoyed by the President.

• The President gives the opening address to the Parliament of India during the budget session.

• The power to dissolve the Lower House can be exercised by the President.
• If there is a deadlock in a procedure of legislation between the Lower House and the Upper House of the Parliament, the President can exercise his right to summon a joint session of both the Houses. 
• In relation to any changes carried out in the boundaries of the existing states, creation of a new state, or a change in the name of a state, the sanction by the President is mandatory.
• The consent by the President is required by the legislative provisions which are related to the citizen’s Fundamental Rights.
• For any bill having been passed by the Parliament of India to become a law of the state, the consent of the President is mandatory.
• The approval of the President is also mandatory for the money bill which is produced in the Lower House.
• While the Parliament is not in session, the President of India has the power to promulgate ordinances.
• The members (who are to be nominated) of both the Houses of Parliament are nominated by the President.

Financial Powers

There are some financial powers also which reside with the President of India. It requires a prior accent from the President of India in order to introduce a money bill into the Lower House. The Budget of the Union is laid before the highest law-making body, the Parliament, by the President. The Contingency Fund of India is also controlled by the President. 

The power to constitute a Finance Commission is also vested in the President of India every five years.

Military Powers

The President of India also serves as the Supreme Commander of the Indian military forces as stated under Article 53. The scope of the provision cannot be diminished as there are no such specific principles stated.

In his capacity as the Commander of all the three-armed forces, the President of India exercises the power to declare war upon a foreign state or declare peace with a country as suggested by the Council of Ministers led by the Prime Minister. Any treaty to be signed with a foreign state is concluded in the name of the President of India.

Conclusion

The President of India is the formal head of the state and certain powers and privileges are enjoyed by the President. The privileges enjoyed by the President have been defined under Article 361 of the Constitution of India. The powers exercised by the President are understood with these heads- executive, financial, legislative, judicial, diplomatic, military, veto and emergency powers of the President.