THE PRESIDENT OF INDIA- ELECTION OF THE PRESIDENT, EXECUTIVE AND LEGISLATIVE POWERS OF THE PRESIDENT

the president of india

Election of the President:

The president of India is indirectly elected. Article 54 deals with the procedure for the election of the President of India. The President is elected by an electoral college. The electoral college consists of the elected members of both Houses of Parliament and the legislative Assemblies of the States.

Power and Functions of the President:

1)          Executive Powers:

The President of India exercises the following executive powers as vested upon him under the Article 53. He can exercise these powers directly or through officers subordinate to him in accordance with the constitution.

a)  The Administration of the unions is carried on in the name of the President.

b)The  President appoints the leader of the majority party in the Lok –Sabha as the PM of India. He appoints other ministers with the advice of the PM. He can also dismiss a minister.

c)  All important appointments are made by him. He appoints the Attorney General, Chairman and members of Union Public Service Commission ( UPSC), Chief Justice and Judges of the Supreme Court and High Courts, Ambassadors, Governors etc. he also may dismiss them after following necessary constitutional procedures.

d)The Prime Minister has to keep the President informed of all decisions of the Cabinet.

e) The President administers the Union Territories through administrators. These administrators are appointed by him. They are responsible to him for the administration of Union Territories. They discharge their duties under his directions and control.

f)    The President also maintains foreign relations.

g) The President of India is the Supreme Commander of the Defence Forces. He appoints the Chiefs of the Army, Navy and Air force. The President is the Head of the National Defence Committee. War is declared and peace treaties are concluded in the name of the President.

h)The President can issue directions to the State Governments. The states must follow his directions. The Governors act as agents of the President.

2)           Legislative Powers:

The President is a part of the Union Parliament but he is not a member of either House of the Parliament.

a) The Parliament has the power to summon and prorogue the sessions of the Parliament. He may dissolve the LOK SABHA. The President may call a joint session of the Parliament in case of a deadlock between the Houses on a non-money bill.

b)The President has the power to address or send messages to the Parliament. He delivers an address to a joint session of both the Houses of the Parliament in the first session of every year. This is called his inaugural address.

c)  No bill passed by the Parliament can become an act without the assent of the President. The President has veto powers over the bills. In the case of non- money bill, he may give his assent or without it, or return the bill for reconsideration. He cannot withhold his assent in case it is readopted by the Parliament. Thus, his veto power is limited.

d)Money bills can be introduced in the LOK SABHA with the permission of the President. A bill for the permission of the alteration of the boundary of a State be introduced in the Parliament on the recommendation of the President.

e)  The President can issue an ordinance when the Parliament is not session. An ordinance has the force of law. An ordinance is generally issued in case of urgent necessity. The ordinance will remain in force for six weeks after the session of the parliament begins again.

f)    The President nominate 12 members to the RAJYA SABHA from among persons who have special knowledge or practical experience of literature, science, arts and social service. If no Anglo-Indian representative elected to the LOK-SABHA, the President may nominate two such members to the House.

g) The President lays before the Parliament the reports and the recommendations of several important bodies like the Union Public Service Commission, Comptroller and Editor-General of India, Minorities Commission etc.

h)When the Presiding officers of RAJYA SABHA or LOK SABHA and any member of the panel so framed for the purpose are not available, he may appoint a Presiding Officer pro team for the purpose of conducting the business of the House.

i)    The President has the power to direct by public notification that from so and so a date any Union or State law shall not apply to any major port or aerodrome, or apply with so and so modification.