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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