How is the President of India elected? What are the powers of the President of India?
Or
Describe the powers and functions of the president of India.

The President of India is elected by an electoral college consisting of (a) elected members of both the Houses of Parliament, and (b) the elected members of the Legislative Assemblies of states.

The elected members of Legislative Assemblies of Delhi and Pondicherry have been authorised to be the part of electoral college by 70th Amendment of 1992. Qualification for election as President are:

1. No person shall be eligible to be elected as President unless he:

(a) is a citizen of India

(b) has completed the age of 35 years and (c) is qualified for election as member of Lok Sabha.

2. If a person holds any office of profit under the Government of India or any State, he shall not be eligible for election as President. However the office of President, Vice-President, Governor or Ministers of Union or State shall not be considered as office of profit.

Powers of the President:

1. Executive Powers:

(i) Appointment of the Prime Minister and the members of the Council of Ministers: The President enjoys the powers of making appointments of the Prime Minister and the members of the Council of Ministers. In practice he always appoints the leader of the majority party/combine in the Lok Sabha as the Prime Minister.

The President also appoints all other ministers of the Union Government on the advice of the Prime Minister.

(ii) Appointment of the high officials in India: The President appoints the high officials in India. For example, he appoints the Governors of the state and Lt. Governors of the Union Territories, the Attorney General of India, the Comptroller and Auditor General of India, the Chairman and the members of the Union Public Service Commission, the Ambassadors, or High Commissioners in other countries.

(iii) Military powers of the President: The President of India is the Supreme Commander of the Defence Forces i.e., the Army, the Navy and the Air Force. He appoints the Chief of the Army Staff, Navy and Air Force, and they function under his command. The President can declare war and make peace. He is the head of the National Defence Committee. The exercise of military powers of the President is regulated by the Parliament.

2. Legislative Powers:

(i) Powers concerned with the Composition of Parliament: The President of India has the power to nominate 12 persons to the Rajya Sabha. These persons must have distinguished themselves in the field of art, literature, science and social services. He can nominate two persons of the Anglo-Indian community to the Lok Sabha if he feels that the community has not got adequate representation.

(ii) To summon and prorogue the Parliament: The President has the power to summon both the Houses (Lok Sabha and Rajya Sabha) of Parliament. He has the power to prorogue the sessions of the Parliament. If there are some differences on some bill between the Lok Sabha and the Rajya Sabha then the President has the power to summon the joint session of both the Houses of Parliament.

(iii) Power to dissolve the Lok Sabha: The Constitution of India has given the power to the President to dissolve the Lower House (Lok Sabha) of the Parliament before the completion of its term. He has the power to order for fresh election to the Lok Sabha. But only on the recommendation of the Prime Minister.

(iv) Consent of bills passed by the Parliament: No bill passed by the Parliament can become an Act without the assent of the President. He can reject an ordinary bill only once and when passed for the second time, the President is to give his assent. He has no power to reject the Money Bill passed by the Parliament.

(v) Power to issue the Ordinances: During the intervals of the sessions of the Parliament, the President can issue ordinances. These ordinances have the force of laws.

3. Financial Powers:

(i) Presentation of Budget before Parliament: It is the duty of the President to place the budget for the current year before the Parliament. It is to be presented before the beginning of the financial year. Normally the budget is presented to the Parliament by the Finance Minister on behalf of the President.

(ii) Powers concerned with the Money Bills: Money Bills can only be introduced in the Parliament on the recommendation of the President.

(iii) Control over Contingency Fund: The President has full power of control over the contingency fund and he can spend it according to his sweet will even prior to the consent of the Parliament.

(iv) Powers to distribute the share of income-tax among the States: President of India has the power to distribute the share of income-tax among the states.

4. Judicial Powers:

(i) Appointment of the Judges: The President of India appoints the Chief Justice and other judges of the Supreme Court of India. He also appoints the Chief Justice and other judges in the High Courts.

(ii) Powers of Pardon: The Constitution of India gives to the President the power of pardon. By using this power the President can pardon, reprieve or commute the punishment of any criminal about whom he thinks that he deserves pardon.

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M. Imp.

C.

Dr. Zakir Hussain

Appointment of the Prime Minister: The Prime Minister is appointed by the President but while doing so the President is not having a freehand. Only that person can be appointed to the office of Prime Minister who is the leader of the majority party in the Lok Sabha. After the general elections the President invites the leader of the party/ combine which has gained majority in the Lok Sabha to form Government.

If no political party/combine gets an absolute majority in the Lok Sabha even then the President is not free to appoint any body as the Prime Minister. Under such circumstances only that person will be invited to form Government who can seek the co-operation of the majority of members in the Lok Sabha.

Term of Office: The Prime Minister does not have a fixed tenure of office. He remains in office till that time so far as he enjoys the support of the majority party. If the majority of members of the Lok Sabha lose confidence in the Prime Minister, he is to resign the office.

Powers and Functions of the Prime Minister:

1. Formation of the Council of Ministers: His first duty after assuming office is the formation of the Council of Ministers. He prepares a list of ministers according to his volition. He has a free hand in the selection of ministers. No body can be appointed a minister against the wishes of the Prime Minister.

2. Allocation of Portfolios among the Ministers: The Prime Minister distributes portfolios among the ministers. He decides what department is to be allotted to a particular minister. He controls the working of the departments of his ministers. If the Prime Minister is not satisfied with the working of a department, he can change the department of that minister.

3. To preside over the meetings of the Cabinet: The Prime Minister is the leader of the Cabinet. The Cabinet functions under the control of the Prime Minister. He can call the meetings of Cabinet whenever he likes. The Prime Minister prepares the agenda for the meetings as well as controls it. He presides over the Cabinet meetings. All the decisions in Cabinet meetings are taken according to the wishes of the Council of Ministers.

4. Appointment of the High Officials: All the important appointments in the states are made by the Prime Minister. The President makes appointments of the State Governors, Ambassadors and members of the Union Public Service Commission only on the advice of the Prime Minister. The President cannot make any such appointment on his own accord.

5. Link between the President and the Council of Ministers: The Prime Minister is the link between the President and the Cabinet. It is the duty of the Prime Minister to convey the decisions of the Cabinet to the President. No minister can discuss a particular problem with the President without the permission of the Prime Minister. The President can demand information from the Prime Minister regarding the working of administration. The Cabinet can discuss any issue with the President only through the Prime Minister.

6. Leadership of the Cabinet in the Parliament: The Prime Minister leads the Cabinet in the Parliament. The ministers answer the questions put to them by the Members of the Parliament. Whenever a minister is in difficulty, the Prime Minister helps him. The Prime Minister explains the policy and decisions of the Cabinet to the Parliament. All important statements on behalf of the Cabinet are made by the Prime Minister in the Parliament. If the President requires any information regarding the administration of any department, he would demand such an information from the Prime Minister.

7. Leader of the Parliament: The Prime Minister is also the leader of the Lower House. Out of the two Houses the position of Lok Sabha is of greater importance and the Prime Minister is the Leader of the Lok Sabha. The Parliament always depends upon the policy and guidance of the Prime Minister for facing any problem. All the important decisions in the Parliament are taken according to the wishes of the Prime Minister. He can get any law passed by the Parliament because he is the leader of the majority party. He can get the Lok Sabha dissolved by the President.

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V. Imp.

Besides the powers in normal times, the President of India has some special emergency powers.

The President can use the emergency powers even when there is the likelihood of an Emergency. The Constitution refers to the three kinds of emergency given below:

I. Emergency arising out of external aggression or internal disturbance or armed rebellion or its possibility. (Article 352): According to Article 352 if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or internal disturbance, he may proclaim a state of Emergency. If the proclamation has not been approved within two months by both the Houses of Parliament, it will become ineffective. But by the 44th Amendment this period of two months has been reduced to one month and that such resolution should be by a majority of the total membership of each House and not less than two-third of the majority of the members present and voting.

After the approval of the Parliament emergency continues till the President revokes it by a subsequent proclamation. But it is provided in the 44th Amendment that for the continuance of the emergency the approval by resolution of both the Houses would be rquired every six months.

Effects of this Proclamation:

1. The most significant effect of this proclamation is that the federal form of the Constitution is converted into a unitary form of Government. The authority of Centre is increased till the emergency lasts. But Centre gets the authority to give directions to the states as to the manner in which the executive power of the states is to be exercised. The legislative power of the Centre is also widened.

2. Parliament will have the power to make laws for the whole or any part of India with respect to any of the matters given in the State List.

3. The President, may by an order, modify the provisions relating to the distribution of revenues between the Union and the States.

4. Fundamental Rights given under Article 19 (Six freedoms) are automatically suspended throughout the country. The suspension of Article 19 continues until the Proclamation of Emergency ends.

II. Emergency arising out of the failure of Constitutional machinery in a State. (Article 356).

According to the Constitution it is the Constitutional duty of the Centre to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution. If the President, either on the receipt of a report from the Governor of a State or otherwise is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provision of the Constitution, the President can issue a proclamation of emergency in that state.

Effects of the Proclamation:

1. The President can assume to himself all or any of the functions of the State or he may vest all or any of those functions of the Governor or any other executive authority.

2. The President can suspend or dissolve the State Legislative Assembly of the state. He may declare the powers of the State Legislative shall be exercisable by or under the authority of Parliament.

3. The President can make any other incidental or consequential provisions necessary to give effect to the objectives of the proclamation.

III. Emergency due to Financial Crisis (Article 360):

If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Article 360 of the Constitution. Such a proclamation may be revoked by a subsequent proclamation. The proclamation has to be laid before each House of Parliament. It ceases to operate at the expiration of two months unless it is approved further by a resolution of both the Houses of Parliament. The proclamation in this case also should be approved by Parliament as in other cases of emergency.

Effects of this Proclamation:

1. During the Financial Emergency, the executive authority of the Union shall extend to the giving of directions to any state to observe such cannons of financial propriety as may be specified in the direction or any other direction which the President may deem necessary for the purpose.

2. The President can ask a state to reduce salaries and allowances of all or any class of public servants connected with the affairs of a state.

These powers are used by the President with the advice of the Prime Minister and the Council of Ministers. He acts as a constitutional head. But in special circumstances he can act with his own discretion.

Tips: -

V. Imp.

A.

Rs. 1,50,000 per month.