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President is unable to discharge his functions due to absence, illness | or any other cause, the Vice-President discharges his functions until | the President resumes his office. |
In case the office of Vice-President is vacant, the Chief Justice of | India (or if his office is also vacant, the seniormost judge of the | Supreme Court available) acts as the President or discharges the |
functions of the President8 . | When any person, ie, Vice-President, chief justice of India, or the | seniormost judge of the Supreme Court is acting as the President or |
discharging the functions of the President, he enjoys all the powers | and immunities of the President and is entitled to such emoluments, | allowances and privileges as are determined by the Parliament. |
POWERS AND FUNCTIONS OF THE PRESIDENT | The powers enjoyed and the functions performed by the President can | be studied under the following heads. |
1. Executive powers | 2. Legislative powers | 3. Financial powers |
4. Judicial powers | 5. Diplomatic powers | 6. Military powers |
7. Emergency powers | Executive Powers | The executive powers and functions of the President are: |
(a) All executive actions of the Government of India are formally | taken in his name. | (b) He can make rules specifying the manner in which the orders |
and other instruments made and executed in his name shall be | authenticated. | (c) He can make rules for more convenient transaction of business |
of the Union government, and for allocation of the said business | among the ministers. | (d) He appoints the prime minister and the other ministers. They |
hold office during his pleasure. | (e) He appoints the attorney general of India and determines his | remuneration. The attorney general holds office during the |
pleasure of the President. | (f) He appoints the comptroller and auditor general of India, the chief | election commissioner and other election commissioners, the |
chairman and members of the Union Public Service Commission, | the governors of states, the chairman and members of finance | commission, and so on. |
(g) He can seek any information relating to the administration of | affairs of the Union, and proposals for legislation from the prime | minister. |
(h) He can require the Prime Minister to submit, for consideration of | the council of ministers, any matter on which a decision has been | taken by a minister but, which has not been considered by the |
(i) He can appoint a commission to investigate into the conditions of | SCs, STs and other backward classes. | (j) He can appoint an inter-state council to promote Centre-state and |
inter-state cooperation. | (k) He directly administers the union territories through | administrators appointed by him. |
(l) He can declare any area as scheduled area and has powers with | respect to the administration of scheduled areas and tribal areas. | Legislative Powers |
The President is an integral part of the Parliament of India, and enjoys | the following legislative powers. | (a) He can summon or prorogue the Parliament and dissolve the Lok |
Sabha. He can also summon a joint sitting of both the Houses of | Parliament, which is presided over by the Speaker of the Lok | Sabha. |
(b) He can address the Parliament at the commencement of the first | session after each general election and the first session of each | year. |
(c) He can send messages to the Houses of Parliament, whether | with respect to a bill pending in the Parliament or otherwise. | (d) He can appoint any member of the Lok Sabha to preside over its |
proceedings when the offices of both the Speaker and the | Deputy Speaker fall vacant. Similarly, he can also appoint any | member of the Rajya Sabha to preside over its proceedings |
when the offices of both the Chairman and the Deputy Chairman | fall vacant. | (e) He nominates 12 members of the Rajya Sabha from amongst |
persons having special knowledge or practical experience in | literature, science, art and social service. | (f) He can nominate two members to the Lok Sabha from the Anglo- |
Indian Community. | (g) He decides on questions as to disqualifications of members of | the Parliament, in consultation with the Election Commission. |
(h) His prior recommendation or permission is needed to introduce | certain types of bills in the Parliament. For example, a bill | involving expenditure from the Consolidated Fund of India, or a |
(i) When a bill is sent to the President after it has been passed by | the Parliament, he can: | (i) give his assent to the bill, or |
(ii) withhold his assent to the bill, or | (iii) return the bill (if it is not a money bill) for reconsideration of | Parliament. |
However, if the bill is passed again by the Parliament, with or | without amendments, the President has to give his assent to the | bill. |
(j) When a bill passed by a state legislature is reserved by the | governor for consideration of the President, the President can: | (i) give his assent to the bill, or |
(ii) withhold his assent to the bill, or | (iii) direct the governor to return the bill (if it is not a money bill) | reconsideration of the state legislature. It should be noted h |
that it is not obligatory for the President to give his assent eve | the bill is again passed by the state legislature and sent agai | him for his consideration. |
(k) He can promulgate ordinances when the Parliament is not in | session. These ordinances must be approved by the Parliament | within six weeks from its reassembly. He can also withdraw an |
ordinance at any time. | (l) He lays the reports of the Comptroller and Auditor General, Union | Public Service Commission, Finance Commission, and others, |
before the Parliament. | (m) He can make regulations for the peace, progress and good | government of the Andaman and Nicobar Islands, Lakshadweep, |
Dadra and Nagar Haveli, Daman and Diu and Ladakh. In the | case of Puducherry also, the President can legislate by making | regulations but only when the assembly is suspended or |
dissolved. | Financial Powers | The financial powers and functions of the President are: |
(a) Money bills can be introduced in the Parliament only with his | prior recommendation. | (b) He causes to be laid before the Parliament the annual financial |
statement (ie, the Union Budget). | (c) No demand for a grant can be made except on his | recommendation. |
(d) He can make advances out of the contingency fund of India to | meet any unforeseen expenditure. | (e) He constitutes a finance commission after every five years to |
recommend the distribution of revenues between the Centre and | the states. | Judicial Powers |
The judicial powers and functions of the President are: | (a) He appoints the Chief Justice and the judges of Supreme Court | and high courts. |
(b) He can seek advice from the Supreme Court on any question of | law or fact. However, the advice tendered by the Supreme Court | is not binding on the President. |
(c) He can grant pardon, reprieve, respite and remission of | punishment, or suspend, remit or commute the sentence of any | person convicted of any offence: |
(i) In all cases where the punishment or sentence is by a c | martial; | (ii) In all cases where the punishment or sentence is for an offe |
against a Union law; and | (iii) In all cases where the sentence is a sentence of death. | Diplomatic Powers |
The international treaties and agreements are negotiated and | concluded on behalf of the President. However, they are subject to the | approval of the Parliament. He represents India in international forums |
and affairs and sends and receives diplomats like ambassadors, high | commissioners, and so on. | Military Powers |
He is the supreme commander of the defence forces of India. In that | capacity, he appoints the chiefs of the Army, the Navy and the Air | Force. He can declare war or conclude peace, subject to the approval |
of the Parliament. | Emergency Powers | In addition to the normal powers mentioned above, the Constitution |
following three types of emergencies9 : | (a) National Emergency (Article 352); | (b) President’s Rule (Article 356 & 365); and |
VETO POWER OF THE PRESIDENT | A bill passed by the Parliament can become an act only if it receives | the assent of the President. When such a bill is presented to the |
President for his assent, he has three alternatives (under Article 111 of | the Constitution): | 1. He may give his assent to the bill, or |
2. He may withhold his assent to the bill, or | 3. He may return the bill (if it is not a Money bill) for reconsideration | of the Parliament. However, if the bill is passed again by the |
Parliament with or without amendments and again presented to | the President, the President must give his assent to the bill. | Thus, the President has the veto power over the bills passed by the |
Parliament10 , that is, he can withhold his assent to the bills. The | object of conferring this power on the President is two-fold–(a) to | prevent hasty and ill-considered legislation by the Parliament; and (b) |
to prevent a legislation which may be unconstitutional. | The veto power enjoyed by the executive in modern states can be | classified into the following four types: |
1. Absolute veto, that is, withholding of assent to the bill passed by | the legislature. | 2. Qualified veto, which can be overridden by the legislature with a |
higher majority. | 3. Suspensive veto, which can be overridden by the legislature with | an ordinary majority. |
4. Pocket veto, that is, taking no action on the bill passed by the | legislature. | Of the above four, the President of India is vested with three– |
absolute veto, suspensive veto and pocket veto. There is no qualified | veto in the case of Indian President; it is possessed by the American | President. The three vetos of the President of India are explained |
below: | Absolute Veto | It refers to the power of the President to withhold his assent to a bill |
passed by the Parliament. The bill then ends and does not become an | act. Usually, this veto is exercised in the following two cases: | (a) With respect to private members’ bills (ie, bills introduced by any |
(b) With respect to the government bills when the cabinet resigns | (after the passage of the bills but before the assent by the | President) and the new cabinet advises the President not to give |
his assent to such bills. | In 1954, President Dr. Rajendra Prasad withheld his assent to the | PEPSU Appropriation Bill. The bill was passed by the Parliament |
when the President’s Rule was in operation in the state of PEPSU. | But, when the bill was presented to the President for his assent, the | President’s Rule was revoked. |
Again in 1991, President R Venkataraman withheld his assent to | the Salary, Allowances and Pension of Members of Parliament | (Amendment) Bill. The bill was passed by the Parliament (on the last |
day before dissolution of Lok Sabha) without obtaining the previous | recommendation of the President. | Suspensive Veto |
The President exercises this veto when he returns a bill for | reconsideration of the Parliament. However, if the bill is passed again | by the Parliament with or without amendments and again presented to |
the President, it is obligatory for the President to give his assent to the | bill. This means that the presidential veto is overridden by a re- | passage of the bill by the same ordinary majority (and not a higher |
majority as required in USA). | As mentioned earlier, the President does not possess this veto in | the case of money bills. The President can either give his assent to a |
money bill or withhold his assent to a money bill but cannot return it for | the reconsideration of the Parliament. Normally, the President gives | his assent to money bill as it is introduced in the Parliament with his |
previous permission. | Pocket Veto | In this case, the President neither ratifies nor rejects nor returns the |
bill, but simply keeps the bill pending for an indefinite period. This | power of the President not to take any action (either positive or | negative) on the bill is known as the pocket veto. The President can |
exercise this veto power as the Constitution does not prescribe any | time-limit within which he has to take the decision with respect to a bill | presented to him for his assent. In USA, on the other hand, the |
Hence, it is remarked that the pocket of the Indian President is bigger | than that of the American President. | In 1986, President Zail Singh exercised the pocket veto with |
respect to the Indian Post Office (Amendment) Bill. The bill, passed by | the Rajiv Gandhi Government, imposed restrictions on the freedom of | press and hence, was widely criticised. After three years, in 1989, the |
next President R Venkataraman sent the bill back for reconsideration, | but the new National Front Government decided to drop the bill. | It should be noted here that the President has no veto power in |
respect of a constitutional amendment bill. The 24th Constitutional | Amendment Act of 1971 made it obligatory for the President to give | his assent to a constitutional amendment bill. |
Presidential Veto over State Legislation | The President has veto power with respect to state legislation also. A | bill passed by a state legislature can become an act only if it receives |
the assent of the governor or the President (in case the bill is reserved | for the consideration of the President). | When a bill, passed by a state legislature, is presented to the |
governor for his assent, he has four alternatives (under Article 200 of | the Constitution): | 1. He may give his assent to the bill, or |
2. He may withhold his assent to the bill, or | 3. He may return the bill (if it is not a money bill) for reconsideration | of the state legislature, or |
4. He may reserve the bill for the consideration of the President. | Table 17.2 Veto Power of the President At a Glance | Central Legislation State Legislation |
With Regard to Ordinary Bills | 1. Can be ratified 1. Can be ratified | 2. Can be rejected 2. Can be rejected |
3. Can be returned 3. Can be returned | With Regard to Money Bills | 1. Can be ratified 1. Can be ratified |
With Regard to Constitutional Amendment Bills | Can only be ratified (that is, Constitutional amendment bills | cannot be rejected or returned) cannot be introduced in the state |
legislature. | When a bill is reserved by the governor for the consideration of the | President, the President has three alternatives (Under Article 201 of |
the Constitution): | 1. He may give his assent to the bill, or | 2. He may withhold his assent to the bill, or |
3. He may direct the governor to return the bill (if it is not a money | bill) for the reconsideration of the state legislature. If the bill is | passed again by the state legislature with or without |
amendments and presented again to the President for his | assent, the President is not bound to give his assent to the bill. | This means that the state legislature cannot override the veto |
power of the President. Further, the Constitution has not | prescribed any time limit within which the President has to take | decision with regard to a bill reserved by the governor for his |
consideration. Hence, the President can exercise pocket veto in | respect of state legislation also. | Table 17.2 summarises the discussion on the veto power of the |
ORDINANCE-MAKING POWER OF THE PRESIDENT | Article 123 of the Constitution empowers the President to promulgate | ordinances during the recess of Parliament. These ordinances have |
the same force and effect as an act of Parliament, but are in the | nature of temporary laws. | The ordinance-making power is the most important legislative |
power of the President. It has been vested in him to deal with | unforeseen or urgent matters. But, the exercises of this power is | subject to the following four limitations: |
1. He can promulgate an ordinance only when both the Houses of | Parliament are not in session or when either of the two Houses of | Parliament is not in session. An ordinance can also be issued when |
only one House is in session because a law can be passed by both | the Houses and not by one House alone. An ordinance made when | both the Houses are in session is void. Thus, the power of the |
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