The President of India
The President of India is the ceremonial Head of State and the first citizen of the Republic. The office is largely symbolic in routine governance but serves as the guardian of the Constitution and a vital stabilizing mechanism in India’s parliamentary democracy.
The powers and functions are primarily contained in Articles 52–78 (Part V) of the Constitution, with important provisions in Parts VI, XI, XVIII, and elsewhere. Since the 42nd and 44th Amendments (1976 & 1978), the President is normally bound by the advice of the Council of Ministers headed by the Prime Minister (Article 74(1)). Yet, in exceptional circumstances, limited discretionary space still exists.
Executive and Appointment Powers (Article 53)
- Executive power of the Union is vested in the President but exercised through officers subordinate to him/her.
- Takes oath under Article 60 to “preserve, protect and defend the Constitution and the law”.
Key Appointments (nearly all on the advice of the Council of Ministers):
- Prime Minister and, on PM’s advice, other Ministers (Article 75)
- Governors of States (Article 155–156)
- Judges of the Supreme Court (Article 124) and High Courts (Article 217) – in consultation with the Collegium
- Attorney General (Article 76), Comptroller & Auditor General (Article 148), Chairman and Members of UPSC, Chief Election Commissioner & Election Commissioners (Article 324), Finance Commission (Article 280), etc.
- Chiefs of Army, Navy, and Air Force (on advice of the Cabinet Committee on Security)
Special note: In a hung Lok Sabha, the President enjoys genuine (though guided) discretion in appointing the Prime Minister (following norms laid down by the Supreme Court – largest party, pre-poll alliances, etc.).
2. Legislative Powers (President is an integral part of Parliament – Article 79)
- Summons, prorogues, and addresses both Houses (Article 85, 87)
- May dissolve the Lok Sabha (Article 85(2)(b)) – but only on the advice of the Council of Ministers (post-44th Amendment)
- Nominates 12 members to Rajya Sabha (Article 80) and 2 Anglo-Indian members to Lok Sabha (discontinued after 104th Amendment, 2020)
- Gives assent to bills, withholds assent, or returns non-Money Bills once for reconsideration (Article 111). Can exercise pocket veto in rare cases.
- Promulgates Ordinances when Parliament is not in session (Article 123) – subject to strict judicial scrutiny (D.C. Wadhwa, Krishna Kumar Singh judgments)
- Causes the Annual Financial Statement (Budget) to be laid (Article 112) and gives prior sanction for Money Bills
3. Judicial Powers
- Power to grant pardons, reprieves, respites, or remissions of punishment (Article 72) – exercised on the advice of the Union Cabinet, but subject to limited judicial review on grounds of arbitrariness or irrelevance (Kehar Singh, Epuru Sudhakar, Shatrughan Chauhan cases)
- May seek advisory opinion of the Supreme Court on any question of law or fact of public importance (Article 143) – non-binding but carries immense moral weight
4. Financial Powers
- No Money Bill or demand for grant can be introduced without the President’s prior recommendation (Articles 109, 117)
- Contingency Fund of India is at the President’s disposal (Article 267)
5. Military and Diplomatic Powers
- Supreme Commander of the Indian Armed Forces (Article 53(2))
- Declares war or concludes peace on the advice of the Cabinet
- Appoints ambassadors/high commissioners and receives foreign diplomatic representatives
- Negotiates and ratifies international treaties (with parliamentary approval where required)
6. Emergency Powers (Part XVIII) – Extraordinary but heavily judicially regulated
Here’s the refined table summarizing the three types of constitutional emergencies in India:
| Type | Article | Grounds | Status |
|---|---|---|---|
| National Emergency | 352 | War, external aggression, armed rebellion | Can be declared |
| State Emergency (President’s Rule) | 356 | Failure of constitutional machinery in a State | Subject to S.R. Bommai (1994) guidelines & judicial review |
| Financial Emergency | 360 | Threat to financial stability or credit of India | Never imposed till date |
7. Discretionary Powers (very limited but real)
The President’s limited discretionary space is typically categorised as either Constitutional Discretion or Situational Discretion. Constitutional Discretion refers to powers explicitly granted by the Constitution to be exercised without or against ministerial advice, such as the power to seek information from the Prime Minister (Art 78) and the power to return a bill (other than a Money Bill) for reconsideration (Art 111). Conversely, Situational Discretion arises from political conventions and necessities, used only when the political situation demands, like appointing the Prime Minister when no single party secures a clear majority after an election (a “hung Parliament”), or dismissing a Council of Ministers that has clearly lost the confidence of the Lok Sabha but refuses to resign.
Recognised situations where the President may act in his/her own judgment or with considerable latitude:
- Appointment of Prime Minister when no party has a clear majority
- Dismissal of a Ministry that has lost majority but refuses to resign (extremely rare after 1990s)
- Return of a bill for reconsideration (once)
- Pocket veto (withholding assent indefinitely) – controversial but used in the past
- Seeking information from the Prime Minister (Article 78) or referring a bill to the Supreme Court before signing (Article 143 route)
8. Conclusion
The President of India is neither a mere rubber stamp nor an executive head like the U.S. President. The office represents the majesty and continuity of the State while acting as the ultimate constitutional safeguard. In normal times, the President acts on the binding advice of the Council of Ministers; in exceptional moments – political instability, constitutional crises, or grave abuse of power – the Presidency becomes the nation’s safety valve. Thus, the President remains the embodiment of constitutional morality, democratic stability, and national unity in India’s parliamentary republic.
