Presidential Powers In India-Do We Know All Of Them?

President is the titular head of the state, who exercises the absolute power over the state and the legislature. The president is known as the first citizen of any country. In India, the president is the head of the state and commander-in-chief of the Indian Army. Indirectly elected by the people, Presidential powers are exercised through the direct, or maybe subordinate authority, save for few exceptions, with the help of the council of ministers.

14th President of India-Ram Nath Kovind

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PRESIDENTIAL POWERS

According to Article 53 of the Indian Constitution, The President has several absolute powers, with some exceptions, in order to preside over the state. Being the primary duty of “serving, protecting and defending the law and constitution of India” (Article 60), he is the head of all constituent entities. Presidential powers, as per Article 3, Article 111, Article 274, etc. and supervisory powers Article 74(2), Article 78 c, Article 108, Article 111, etc. over “the executive and legislative entities of India shall be used in accordance to uphold the Constitution”.

Presidential duties, which govern the powers of the Indian President.president powersImg Source

 1. LEGISLATIVE POWERS

As per vested by the Constitution of India, the president holds the power of to “facilitate the law making process per the Constitution (Article 78, Article 86, etc.)”. President powers also include the veto power (Article 74), where upon the advice or suggestion of the ministers, he can issue a veto over the bill or the amendment, until the further notice. Also, according to Article 111, no bill or amendment can be issued by the house of parliament, without the assessment and agreement of the President. Moreover, Article 143 gave power to the president to consult the Supreme Court about the constitutional validity of any issue. Furthermore, President shall assent the constitutional amendment bills without power to withhold the bills per Article 368 (2). 
       President is the first citizen of every countrypresident powers

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2. EXECUTIVE POWERS

As per the Article 53, the executive power of the country is directly, and through its various subordinates vested in the hands of the President. According to Article 74(2), President powers include it being not held legally accountable by the council of ministers or the Prime Minister, but sole responsibility of President to perform his duties up to the mark. Article 70 states the president’s power to suit him up in order to accord additional executive powers, which are further delegated to the governors of the state (Article 160).

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3. JUDICIAL POWERS

The primal duty of President is to serve, protect and uphold the laws of the state and decrees of the Constitution. As per Article 60, the appointment of Chief Justice of India (CJI) and other judges on the justice panel comes under the President powers. Attorney General for India, who is the Indian government's chief legal advisor, is appointed by the President of India under Article 76(1) and holds office during the pleasure of the President. If the President considers a question of law or a matter of public importance has arisen, he can also ask for the advisory opinion of the Supreme Court per Article 143, and also, it looks into the proceedings of the house to report of any mishaps, on the account of the President.

4. EMERGENCY POWERS

a) NATIONAL EMERGENCY

According to Article 352, the President can declare National Emergency, if it is the time of war, armed rebellion or external aggression, on a written basis, with due agreement from the Prime Minister and the council of ministers. This emergency can have a maximum time period of six months; however, it can be increased to six more months, if mandated by the parliament.
What newspapers reported of National Emergency, when it was applied the first time.president powers

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b) STATE EMERGENCY

According to Article 356, the President can declare the State Emergency, when there is failure of constitutional machinery in the state. It can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months.

What Indian reporters reported after the emergency was called-offpresident powersImg Source

c) FINANCIAL EMERGENCY

According to Article 360, the President can declare a Financial Emergency; if the Indian President gets the belief that the financial stability of the country is threatened. The financial emergency powers of the president have never been put to test ever in the last six decades.

OTHERS POWERS

Apart from the above, President also holds the power to strategize the international and overseas treaties. In such practice, negotiations are usually carried out by the Prime Minister along with his Cabinet (especially the Foreign Minister). These treaties are subjected to the approval of the Parliament. President powers also include the representation of the country at the international forums and stages, where it is needed and functions are chiefly important.

CONCLUSION‚Äč

Consequently, the President holds the above power in the democratic, republic and the socialist state of India. However, even after being so powerful, its powers are regulated and checked upon by the council of ministers, thereby making him answerable to the questions, claims and remarks of general public.

    Comment below and tell us how many of you knew about these presidential powers. 

 

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Post Author: Bhavya Srivastava