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The President of India

In this article we will learn in brief about the president of India, his duties and powers. Further it also explains the significance of the position of the President of India.

The President of India, also known as the President of the Republic of India, is the Republic of India’s head of state. The president is both the titular head of state and the commander-in-chief of the Indian Armed Forces.

The president’s office was established when India became a republic on January 26, 1950, when its constitution went into effect. The president is elected indirectly by an electoral college that includes both houses of India’s Parliament as well as the legislative assemblies of each of the country’s states and territories, all of whom are directly elected. 

Ram Nath Kovind is the 14th and current President of India, having been elected on July 25, 2017.

Duties and Power of the President

Duties

As part of his oath, the president’s principal responsibility is to preserve, safeguard, and defend the Indian constitution and law (Article 60 of Indian constitution).

 The president is the common head of all constitutional bodies. All of his acts, recommendations (Article 3, Article 111, Article 274, and so on) and supervisory powers (Article 74(2), Article 78C, Article 108, Article 111, and so on) over India’s executive and legislative branches must be utilised to protect the constitution.

 

Legislative Powers

Article 143 empowers the president to consult the Supreme Court on the constitutionality of a particular matter.Article 368 gives the president the right to assent to constitutional amendment proposals without the power to veto them.

The president can publish ordinances that have the same force and effect as an act approved by parliament under its legislative powers when either of the two Houses of the Indian Parliament is not in session and the government feels the need for an emergency procedure.

When in force, the issued ordinance is treated as an act of parliament, and it is the president’s responsibility to withdraw the ordinance as soon as the reasons for its promulgation are no longer valid.

The government and president have gotten accustomed to enacting laws in the form of ordinances, but the provisions in Article 123 are intended to address extraordinary instances in which quick action is required when the law’s existing provisions are insufficient. 

The president’s act of re-promulgating an ordinance after it failed to receive approval from both houses of parliament within the time limit is unlawful.

Executive Powers

According to Article 53 of the constitution, the executive power of the country is vested in the president, who can wield it either directly or through officers subordinate to him. 

When parliament deems it appropriate, it may grant the president extra executive powers under Article 70, which the president may then delegate to state governors under Article 160. 

The president’s functions should be aided and advised by the Union cabinet, which is led by the Prime Minister. According to Article 74 , the president’s council of ministers or prime minister are not legally responsible for the advice they give him, but it is only the president’s responsibility to ensure that his duties are carried out in accordance with the constitution. 

According to Article 142, it is the president’s responsibility to carry out the supreme court’s decisions.

Judicial Powers

On the advice of the Chief Justice of India, the president appoints the Chief Justice of India and additional judges.

A two-thirds vote of the two Houses of parliament is required for the President to dismiss a judge. The Attorney General of India, the Indian government’s top legal counsel, is appointed by the president of India under Article 76(1) and serves at the president’s pleasure. 

If the president believes a legal challenge or a problem of public interest has arisen, he may seek the Supreme Court’s advisory opinion under Article 143.

According to Article 88, the president can request that the attorney general attend the parliamentary proceedings and report any illegal activity to him.

Appointment Powers

The president picks the prime minister who is most likely to get the backing of the Lok Sabha majority.

On the suggestion of the prime minister, the president appoints the other members of the Council of Ministers and distributes responsibilities to them.

The president picks 12 Rajya Sabha members from among those with unique knowledge or practical experience in areas such as literature, science, art, and social services.

Governors of states are also appointed by the president and serve at the president’s pleasure.

 

Financial Powers

Only with the president’s approval can a money bill be introduced in parliament. The President presents the Annual Financial Statement, often known as the Union budget, to the legislature.

The President can authorise spending  money from India’s Contingency Fund to cover unexpected expenses. Every five years, the president appoints a Finance Commission to make recommendations on how taxes should be distributed between the centre and the states.

Diplomatic powers

The president negotiates and concludes all international treaties and agreements on his behalf.

In international forums and events, the president serves mostly as a ceremonial representative for India.The first citizen of the country is the president.

Military powers

The Indian Armed Forces are led by the president, who is also the Supreme Commander.On the advice of the Union Council of Ministers, which is led by the prime minister, the president can declare war or conclude peace.In the president’s name, all major treaties and contracts are signed.

Other than these duties and powers the president had some emergency powers like national emergency,state emergency, financial emergency.

Conclusion

The president’s range of tasks suggests that he/she is extremely significant, as these obligations are critical to sustaining the nation’s political unity and ensuring constitutional powers. However, the president’s importance is significantly more than that, and his or her obligations cannot be mixed with those of anyone else.

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Frequently Asked Questions

Get answers to the most common queries related to the NDA Examination Preparation.

Who actually has the ability to elect the president?

Ans : The President is chosen by the MP’s and MLA’s from among the  presidential candidates wh...Read full

Which members participate in the election of the President of India?

Ans : The President is elected by elected members of all the State Legislative Assemblies, m...Read full