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THE PRESIDENT of INDIA - FINANCIAL, JUDICIAL and MISCELLANEOUS POWERS

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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