THE PRESIDENT OF INDIA
Financial Powers
a)
Money bill cannot be introduced in the LOK SABHA
without the recommendation of the President.
b)
He has to see that the annual budget is laid in the
Parliament in time.
c)
There is a Contingency Fund at the disposal of the
President of India. He may make advance out of it to meet unforeseen
expenditure pending its authorization by the Parliament.
d)
He appoints the Finance Commission after every 5 years
to make recommendations regarding the distribution of the proceeds of creation
taxes between the Union and the States. The President takes action on the
report of this commission.
e)
Supplementary budgets can be introduced in the
Parliament with the recommendations of the President. He appoints the
Comptroller and Editor-General of India. The President must place the annual
report of them in the Parliament.
f)
The President has the power to determine the share of
the States in the annual proceeds of the income- tax and the amount of annual
grants-in-aid to certain states in lieu of their share of the jute export duty.
JUDICIAL POWERS
It has been earlier that the President of India
appoints the Chief Justice and the Judges of the Supreme Court and the High
Courts of India. He may dismiss them on the recommendations of the Union
Parliament. The judicial powers of the President constitute his ‘prerogative of
mercy’. The President of India has the power to pardon offenders,
or reprieve or suspend, or commute their sentence. This power of the President extends
to three cases: where the punishment is given by a Court Martial, where it is
for an offence against a law relating to matter to which the executive power of
the Union extends, or where it is a sentence of death.
MISCELLANEOUS POWER
a) According to
Article 143 of the Constitution, the President may consult the Supreme Court
with regard to a question of law if he feels that it is of public importance. The
President may or may not accept the advice given by the Supreme Court.
b)The President can decide which posts of officers be
kept beyond the jurisdiction of the Union Public Service Commission.
c) The President has some special powers with regard to
the State of Jammu and Kashmir. He may, by issuing orders, extend the jurisdiction
of the Fundamental Rights, Election Commission and the Supreme Court.
d)The President can give necessary directions for the
use of Hindi along with English. He can make an assessment of the progress of
Hindi as official language as per the report of the official language
commission.
e) Under the
Article 374, the President has some special powers with respect to the states
Andhra Pradesh, Punjab, Maharashtra and Gujarat. The President may provide for
the Constitution and functions of regional committees of the Legislative
Assembly of the state of Andhra Pradesh or Punjab. The President may provide special
responsibility to the Governors of Maharashtra and Gujarat with regard to the
development of certain regions.
f) The Governor of
Nagaland has certain special responsibilities in respect of that state. The President
will decide from time to time whether the Governor has need of such powers.
EMERGENCY POWERS
The President can exercise under 3 conditions:
a) In case the peace and security of the country is threatened
by war, external aggression or armed rebellion;
b)In case there is the breakdown of constitutional
machinery in a state;
c) In case the financial stability and credit of
India or any part thereof is in danger. On the basis of these conditions, the
emergency powers of the President of India may be classified into three
categories: 1) national emergency, 2) emergency in case of constitutional
machinery in a state and 3) financial emergency.
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