President's Powers

President's Powers

Notes

1. Executive powers: Appoints the PM and other ministers (Art. 75), Governors (Art. 155), Attorney General (Art. 76), CAG (Art. 148), Chief Election Commissioner and Election Commissioners, UPSC chairman and members, Chief Justice and judges of the Supreme Court and High Courts, Finance Commission, and other commissions. Appoints ambassadors, receives foreign envoys, and treaties are negotiated in his name.

2. Legislative powers

• Summons and prorogues Parliament; dissolves the Lok Sabha (Art. 85); addresses Parliament (Art. 87), the first session after each general election and the first session of each year.
• Nominates 12 members to the Rajya Sabha (Art. 80). The nomination of two Anglo-Indian members to the Lok Sabha was abolished by the 104th Amendment (2019).
• Gives assent to Bills (Art. 111); issues Ordinances (Art. 123); lays reports of the CAG, Finance Commission and UPSC before Parliament.
• Recommendation needed for Money Bills and certain financial Bills; calls a joint sitting for deadlock (Art. 108).

3. Financial powers: Budget is laid in Parliament on his behalf (Art. 112); Money Bills introduced only on his recommendation (Art. 117); has control over the Contingency Fund of India (Art. 267); constitutes the Finance Commission every five years (Art. 280).

4. Judicial powers: Pardoning power (Art. 72); may seek the advisory opinion of the Supreme Court (Art. 143); appoints judges.

5. Military powers: Supreme Commander of the Armed Forces; appoints the three Service Chiefs. War is declared by Parliament, not the President.

6. Emergency powers: National Emergency (Art. 352), President's Rule in a State (Art. 356), Financial Emergency (Art. 360).

Veto powers over Bills passed by Parliament (Art. 111)

• Absolute veto: withholds assent; the Bill dies. Used rarely, e.g., when the Council of Ministers advises (PEPSU Appropriation Bill, 1954; for private members' Bills).
• Suspensive veto: returns a Bill (other than a Money Bill) for reconsideration; if Parliament passes it again with or without changes, the President must give assent.
• Pocket veto: the President neither assents, rejects nor returns the Bill; the Constitution sets no time limit. Zail Singh (1986) used this for the Indian Post Office (Amendment) Bill; returned later by R. Venkataraman (1990).
• Constitutional Amendment Bills: the President must give assent (24th Amendment, 1971).
• Money Bills: the President can assent or withhold assent but cannot return it.

Discretionary situations (limited): appointing the PM when no party has a majority, dismissing a ministry that has lost confidence of the Lok Sabha but refuses to resign, dissolving the Lok Sabha, returning advice once under the 44th Amendment, and using the pocket veto.

Key Points

• Ordinance power: Art. 123; assent: Art. 111; Money Bill recommendation: Art. 117.
• Veto: absolute, suspensive, pocket (no suspensive veto for Money Bills or Constitutional Amendment Bills).
• Nominates 12 members to the Rajya Sabha; no nominated Anglo-Indians since 2019.
• War is declared by Parliament; the President is Supreme Commander.
• Real powers exercised by the Council of Ministers.

MCQs

Q1. Which President used the "pocket veto" on the Indian Post Office (Amendment) Bill? (a) R. Venkataraman (b) Zail Singh (c) Shankar Dayal Sharma (d) Fakhruddin Ali Ahmed Ans: (b). 1986.

Q2. The President CANNOT return which type of Bill for reconsideration? (a) Ordinary Bill (b) Money Bill (c) Financial Bill (d) Private Member's Bill Ans: (b). Art. 111 proviso excludes Money Bills.

Q3. The President nominates how many members to the Rajya Sabha? (a) 2 (b) 10 (c) 12 (d) 14 Ans: (c). Art. 80.