Topic 02 of 6 · Chapter 09 · Indian Polity
President of India — Powers & Functions
Executive, legislative, financial, judicial powers, ordinance power (Article 123), pardoning power (Article 72), and veto power.
📋 In This Article
1. Executive Powers
All executive actions of the Government of India are taken in the name of the President. Key executive powers:
- Appoints the Prime Minister and other ministers on PM’s advice
- Appoints Governors of States
- Appoints Chief Justice and judges of Supreme Court and High Courts
- Appoints Attorney General, Comptroller and Auditor General, Chief Election Commissioner, Chairman of UPSC, etc.
- Appoints Finance Commission, National Commission for SC/ST, etc.
- Supreme Commander of the Armed Forces — appoints Chiefs of Army, Navy, Air Force
- Receives credentials of foreign ambassadors
💡 Key Idea: All these appointments are made by the President on the advice of the Council of Ministers. The President cannot act independently — must follow Cabinet advice (Article 74, 44th Amendment).
2. Legislative Powers
- Summons and prorogues Parliament (Article 85)
- Dissolves Lok Sabha on PM’s advice
- Addresses joint sitting of Parliament at the commencement of each session
- Nominates 12 members to Rajya Sabha
- Nominates 2 members to Lok Sabha (Anglo-Indians — abolished by 104th Amendment)
- Gives assent to bills — bill becomes Act only after President’s assent
- Can return a bill (except Money Bill) for reconsideration
- Lays reports of CAG, Finance Commission, UPSC, etc. before Parliament
3. Ordinance Power (Article 123)
The President can promulgate ordinances when Parliament is not in session. Key features:
- Can be issued when Parliament is not in session (either House or both)
- Has the same force and effect as an Act of Parliament
- Must be laid before Parliament when it reassembles
- Ceases to operate 6 weeks after Parliament reassembles, unless approved by Parliament
- Can be withdrawn by the President at any time
- Cannot be issued to amend the Constitution
⭐ Exam Fact: The ordinance power is a temporary legislative power. It is used when urgent legislation is needed and Parliament is not in session. The Supreme Court in D.C. Wadhwa v. State of Bihar (1987) held that re-promulgation of ordinances without placing them before Parliament is a fraud on the Constitution.
4. Financial Powers
- No Money Bill can be introduced in Parliament without the President’s prior recommendation
- The Union Budget is presented to Parliament on the President’s behalf
- The Contingency Fund of India is at the disposal of the President
- The President constitutes the Finance Commission every 5 years
5. Judicial Powers — Pardoning Power (Article 72)
The President has the power to grant pardons, reprieves, respites, or remissions of punishment. This power is exercised under Article 72:
| Power | Meaning |
|---|---|
| Pardon | Complete absolution from punishment — removes both conviction and sentence |
| Reprieve | Temporary suspension of sentence (e.g., to allow appeal) |
| Respite | Reduction of sentence due to special circumstances (e.g., pregnancy) |
| Remission | Reduction of sentence without changing its character (e.g., rigorous to simple imprisonment) |
| Commutation | Substitution of one form of punishment for a lighter one (e.g., death to life imprisonment) |
✅ Remember: The President’s pardoning power extends to: (1) cases where punishment is by court martial, (2) cases involving offences against Union laws, and (3) cases where death sentence is awarded. The Governor’s pardoning power (Article 161) does NOT extend to death sentences or court martial cases.
6. Emergency Powers
- Proclaims National Emergency (Article 352) — on written advice of Cabinet
- Proclaims President’s Rule in States (Article 356)
- Proclaims Financial Emergency (Article 360)
7. Veto Power
The President has three types of veto power over bills passed by Parliament:
- Absolute veto: Withhold assent to a bill — bill does not become law. Rarely used.
- Suspensive veto: Return the bill (except Money Bill) for reconsideration. If Parliament passes it again, the President must give assent.
- Pocket veto: Neither give assent nor return the bill — keep it pending indefinitely. Not explicitly provided in Constitution but has been used (e.g., Postal Bill 1986 by President Zail Singh).
📌 Note: The President cannot use veto on Money Bills — must either give assent or withhold assent. The President cannot return a Money Bill for reconsideration.
8. Key Points for Exam
🔑 Must-Remember Facts
- Article 74: Council of Ministers to aid and advise President
- 44th Amendment: President must act on Cabinet’s advice
- Article 123: Ordinance power — when Parliament not in session
- Ordinance: Ceases after 6 weeks of Parliament reassembling
- Article 72: Pardoning power — Pardon, Reprieve, Respite, Remission, Commutation
- President’s pardon: Extends to death sentences
- Governor’s pardon (Article 161): Does NOT extend to death sentences
- Three vetoes: Absolute, Suspensive, Pocket
- Pocket veto used by: President Zail Singh (Postal Bill 1986)
- Money Bill: President cannot return for reconsideration