Ashna Sisodia is teaching live on Unacademy Plus
Course:The Union (Part V) Lesson: Powers & functions of the President Presented by : Ashna Sisodia
Powers of the President OThe powers enjoyed and the functions performed by the President can be studied under the following heads: 1. Executive power:s 2. Legislative power:s 3. Financial powers 4. Judicial powers 5. Diplomatic powers 6. Military powers 7. Emergency powers
Legislative Power He lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament. He can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. OIn the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved
Financial Powers 1. Money bills can be introduced in the Parliament only with his prior 2. He causes to be laid before the Parliament the annual financial recommendation. statement (i.e. the Union Budget) 3. No demand for a grant can be made except on his recommendation. 4. He can make advances out of the contingency fund of India to meet any unforeseen expenditure. 5. He constitutes a finance commission after every five years to recommend the distribution of revenues between the Centre and the states.
Judicial Powers 1. He appoints the Chief Justice and the judges of Supreme Court and 2. He can seek advice from the Supreme Court on any question of law or 3. He can grant pardon, reprieve, respite and remission of punishment, or high courts. fact. However, the advice tendered by the Supreme Court is not binding on the President. suspend, remit or commute the sentence of any person convicted of any offence: a) In all cases where the punishment or sentence is by a court martial; b) In all cases where the punishment or sentence is for an offence against a Union law; and In all cases where the sentence is a sentence of death. c)
Other Powers: Diplomatic Powers 1. The international treaties and agreements are negotiated and concluded on behalf of the President. However, they are subject to the approval of the Parliament. He represents India in international forums and affairs and sends and receives diplomats like ambassadors, high commissioners, and so on 2. Military Powers 1. He is the supreme commander of the defence forces of India. In that capacity, he appoints the chiefs of the Army, the Navy and the Air Force. He can declare war or conclude peace, subject to the approval of the Parliament. 2.
Emergency Powers The Constitution confers extraordinary powers on the President to deal with the following three types of emergencies: 1. National Emergency (Article 352) 2. President's Rule (Article 356 & 365) 3. Financial Emergency (Article 360)