Discuss The Introductions, Power and functions of President of India

The President of India is the head of state and the supreme constitutional authority in the country. As the first citizen of India, the President plays a ceremonial but vital role in ensuring that the Constitution is upheld and that the government functions within its framework. Although the position is largely ceremonial, the President possesses certain discretionary and reserve powers that can be crucial during political crises.

Introduction to the President of India :

1. Position in the Indian Political System:
   • The President is the nominal executive head of India, while the Prime Minister and the Council of Ministers exercise the real executive powers.
   • The office of the President is created under Part V, Chapter I of the Constitution of India.
   • The President represents the unity, integrity, and sovereignty of the nation.
   • India has a parliamentary system in which the President acts on the advice of the Council of Ministers headed by the Prime Minister, except in certain discretionary situations.
2. Election Process:
   • The President of India is elected by an Electoral College comprising:
     • The elected members of both houses of Parliament (Lok Sabha and Rajya Sabha).
     • The elected members of the Legislative Assemblies of the States and Union Territories with legislatures.
   • The election is conducted by a system of proportional representation through a single transferable vote. Each vote has a different value based on the population of the state the elector represents.
   • The President’s term is five years, though they can be re-elected for multiple terms.
   • A candidate must be a citizen of India, at least 35 years of age, and eligible to be a member of the Lok Sabha to be elected as President.
3. Oath of Office:
   • Before entering office, the President takes an oath of office in the presence of the Chief Justice of India (or the senior-most judge of the Supreme Court in the absence of the Chief Justice), pledging to uphold the sovereignty, unity, and integrity of India.

Powers of the President of India :

The President of India is vested with significant constitutional powers, which can be broadly categorized into executive, legislative, judicial, financial, diplomatic, and military powers.

1. Executive Powers:

• Head of the Executive: The President is the nominal head of the Indian executive, and all executive actions of the Indian government are taken in the name of the President.
• Appointments:
  • The President appoints the Prime Minister and, on the advice of the Prime Minister, other ministers.
  • The President appoints other key officials such as the Governors of States, Chief Justice of India, Judges of the Supreme Court and High Courts, Attorney General of India, Comptroller and Auditor General (CAG), Chairpersons of Constitutional Commissions (like Election Commission, Finance Commission, etc.), and members of the Union Public Service Commission (UPSC).
• Power to Dismiss: The President has the power to dismiss ministers or dissolve the Lok Sabha on the advice of the Prime Minister.
• Ordinances: The President can promulgate Ordinances (temporary laws) when Parliament is not in session, which have the same effect as laws passed by Parliament. However, these ordinances must be ratified by Parliament within six weeks of its next session.
• Military Powers: The President is the Supreme Commander of the Armed Forces and can declare war or conclude peace, subject to the approval of Parliament.

2. Legislative Powers:

• Summoning and Proroguing Parliament: The President has the power to summon or prorogue sessions of Parliament and can also dissolve the Lok Sabha (on the advice of the Prime Minister).
• Addressing Parliament: The President addresses both houses of Parliament at the commencement of the first session after general elections and at the beginning of the first session of each year. This address outlines the government’s policies and plans.
• Assent to Bills: A bill passed by both houses of Parliament must be presented to the President for assent. The President can:
  • Give assent: The bill becomes a law.
  • Withhold assent: The bill is vetoed (except in the case of a Money Bill).
  • Send the bill back for reconsideration: If the bill is returned and passed again by both houses, the President must give assent.
• Ordinance-Making Power: When Parliament is not in session, the President can issue ordinances, which are temporary laws. This power is detailed under Article 123 of the Indian Constitution.
• Nominating Members to Parliament:
  • The President can nominate 12 members to the Rajya Sabha from among persons having special knowledge or experience in literature, science, art, and social service.
  • The President can also nominate two members from the Anglo-Indian community to the Lok Sabha (this provision was abolished by the 104th Amendment Act, 2019).

3. Judicial Powers:

• Appointment of Judges: The President appoints the Chief Justice of India and other judges of the Supreme Court and High Courts.
• Pardon Power: Under Article 72 of the Constitution, the President has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of an offense. This includes:
  • Death sentences.
  • Sentences given by court-martials (military courts).
  • Sentences for offenses against laws relating to Union or concurrent subjects.
• Consultation with Judiciary: In certain matters, the President can seek the opinion of the Supreme Court under Article 143 (Advisory Jurisdiction).

4. Financial Powers:

• Union Budget: The Annual Financial Statement (Budget) is presented to Parliament with the permission of the President.
• Money Bills: A Money Bill can only be introduced in Parliament with the recommendation of the President.
• Contingency Fund of India: The President can authorize advances from the Contingency Fund to meet unforeseen expenditures.
• Finance Commission: The President appoints the Finance Commission every five years to recommend the distribution of taxes between the Union and the States.

5. Diplomatic Powers:

• Representing India Internationally: The President represents India in international forums and receives foreign dignitaries and ambassadors.
• Treaties and Agreements: The President concludes international treaties and agreements, though they require ratification by Parliament.
• Diplomatic Appointments: The President appoints India’s ambassadors and high commissioners to other countries and receives the credentials of foreign diplomats.

6. Military Powers:

• The President is the Supreme Commander of the Armed Forces of India and has the authority to declare war or conclude peace, subject to parliamentary approval.
• The President appoints the chiefs of the three defense forces (Army, Navy, and Air Force) and can take strategic military decisions.

Functions of the President of India :

Although the powers of the President are primarily exercised on the advice of the Council of Ministers, the President plays several important functions in the smooth functioning of the government.

1. Upholding the Constitution:

• The President is the guardian of the Constitution and ensures that all government actions are in compliance with constitutional provisions. The President can ensure that no law is passed or action is taken that violates the Constitution.

2. Discretionary Powers:

• While most actions are taken on the advice of the Prime Minister and the Council of Ministers, there are certain discretionary powers where the President acts independently:
  • Appointing a Prime Minister when no party has a clear majority in the Lok Sabha.
  • Dismissing the Council of Ministers if it loses the majority in the Lok Sabha but refuses to resign.
  • Returning a bill (except Money Bills) to Parliament for reconsideration.
  • Refusing to give assent to an unconstitutional bill.

3. Emergency Powers:

• The President has special powers under the Constitution to declare various types of emergencies:
  • National Emergency: Under Article 352, the President can declare a national emergency in case of war, external aggression, or armed rebellion.
  • State Emergency (President’s Rule): Under Article 356, the President can impose President’s Rule in a state if its government is unable to function according to the provisions of the Constitution.
  • Financial Emergency: Under Article 360, the President can declare a financial emergency if there is a threat to the financial stability of India.

4. Ceremonial Functions:

• The President presides over important ceremonial functions, such as the Republic Day parade, and delivers important addresses to the nation.
• The President awards national honors, such as the Padma awards, and interacts with dignitaries and officials at key events.

5. Diplomatic and Foreign Relations:

• The President plays a crucial role in conducting foreign affairs. While real powers lie with the government, the President receives foreign dignitaries, signs treaties, and represents India internationally.

Conclusion :

The President of India is a key constitutional figure with vast powers that ensure the smooth functioning of the government within the framework of the Constitution. While many of these powers are exercised on the advice of the Prime Minister and the Council of Ministers, the President’s role becomes pivotal during periods of constitutional crises or emergencies. As the head of state, the President is the ceremonial face of the nation but also the protector of its constitutional values, ensuring that the principles of democracy, sovereignty, and justice are upheld.