In the Indian political system, the President holds the most powerful position and acts as the system’s nominal executive and constitutional head. He is the active head of the Indian political system but does not attain the power to govern the system and act in accordance with the advice of the Prime Minister. In the constitution of India, the specific provisions about the functions, powers and election of the President of India are listed. The Prime Minister acts as the head of the government. The President is considered the head of the country who acts in accordance with the directions from the Prime Minister and cabinet members.

Constitutional Provisions Regarding Position of President:

In the constitution of India, there are specific provisions for the election of the Indian President. The guidelines regarding presidential powers, functions, and decision-making authority are also briefly listed in the constitution. The constitution in Articles 74, 53 to 55, 58, and 75 assess the constitutional powers and liabilities of the President of India. Below is the description:

  • Article 53 States the executive power of the President and its execution according to the constitutional framework of India.
  • Article 54 and 55 mentions the eligibility criteria of the President with its procedures.
  • Article 58 provides the details regarding the eligibility of the President with the mandatory qualification required to be an ideal candidate for the position of President.
  • Article 74 of the constitution states that there shall be a particular advisory body for the President, which includes the council of ministers. The President will act only on the advice of the Council of Ministers for specific activities and decisions. Presidents must act according to their advice.
  • Article 75 (3) of the Indian constitution relates to the information that the President is not answerable for any activity or decision to any parliament house or legislature. In any situation, the council of Ministers in the advisory team will have to take complete responsibility.
  • The constitution of India mentions that the position of President will be the highest position in India and act as the head of the country. The  execution of decisions of the President are in accordance with the advice of the Prime Minister.

Powers Of The President:

According to the constitution of India, the President cannot act independently, yet this position attains certain special powers and functions to act in a specific manner. Below are the details:

Executive Powers:

The President must take the decision and act in accordance with the advice of the Prime Minister. But President attains some executive powers:

  • The President has the power to execute this power independently or with the assistance of a subordinate team.
  • The President is the ex-officio Supreme Commander of the Defence Forces. He is free to declare war and peace against any country.
  • The transaction rules for a specific business in the government and its allotment among Ministers are under the President’s charge with the act in accordance with the advice of the Prime Minister.
  • The President holds power to appoint Prime Ministers, Union council ministers, High Court, and Supreme Court Judges. He also appoints Lieutenant Governor, Governor, and member of the Election commission and Finance commission.
  • The President must have information about all the decisions of the Council of Ministers.
  • The Union territories of India are under the direct governance of the President. He governs it with the aid of the Governor and Lieutenant Governor.
  • The President holds power to terminate the Governor of any state, Attorney General of India, Supreme Court and High Court Judge, member of Election Commission, Chairman and members of Public Service Commission of Union and State from their position.

Legislative Powers:

The President of India also attains specific Legislative Powers according to the constitution of India, apart from the provision to act only on the advice of the Council of Ministers. Below are the details:

  • The President holds the authority to call the meeting of Parliament and address it and call the joint session of both the Parliaments. The President can also dissolve the Lok Sabha session when he deems fit.
  • The President can send the intimation to any House of Parliament regarding passing any bills or reports.
  • Some specific bills and reports need prior permission and sanction of the President before being present in any house of Parliament.
  • According to the constitutional provisions, the President cannot act independently, but the President can create and reorganize the structure of any state.

Conclusion:

The President has the specific power and authorities to act in accordance with the advice of the Prime Minister. Specifically, there are particular executive and legislative powers in India that impact India’s constitutional system and political structure. The constitution of India has specific regulations for the election process, tenure, functions, and powers of the President of India. All the powers relate to the decisions of houses of Parliament, advisory committees, Union and state councils and other associates’ departments.