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"The Presidential Powers and Responsibilities"
Submitted By, Monika M, B.B.A.LL.B - 2nd YEAR 03FL21BBL
INTRODUCTION
In this paper the main focus is on the Powers of the President.The powers of a president vary
depending on the country and its constitution, but generally, the president holds significant executive, legislative, judiciary, diplomatic, financial, veto, emergency and military powers. As the head of state, the president represents the country in official ceremonies and events, and as the commander-in-chief, the president often has control over the country's armed forces. The president may also have the power to execute or enforce laws, propose or veto legislation, negotiate treaties, pardon or commute sentences, and declare a state of emergency in times of crisis. The importance of presidential powers in a democratic government lies in the ability to carry out the duties of the executive branch efficiently and effectively. The president's powers enable them to enforce laws, manage foreign relations, and protect the country during times of crisis. However, these powers also come with the responsibility to respect the separation of powers and checks and balances inherent in a democratic system. The president must be accountable to the legislature and the judiciary to ensure that their powers are exercised in a manner consistent with the rule of law and democratic values. According to Article 60 of the Indian Constitution, the President's main responsibility is to preserve, defend, and preserve the country's legal system and constitution^1. All autonomous constitutional institutions share the office of the President as their common head. In order to (^1) The Constitution of India - India Code. https://www.indiacode.nic.in/bitstream/123456789/15240/1/constitution_of_india.pdf.
respect the constitution, he must employ all of his acts, recommendations (Article 3, Article 11 1, Article 274, etc.), and supervisory powers (Article 74(2), Article 78c, Article 108, Article 11 1, etc.) over the Indian executive and legislative branches. The President's acts can be contested in court without any restrictions. The Head of State of India is the President. Cabinet government is the style of governance used in India. Therefore, the Indian President is a constitutional head like the King or Queen of Britain; all executive functions, though practically exercised and carried out by the cabinet, are constitutionally vested in him.^2 The origins of presidential powers can be traced back to the formation of modern democratic governments in the 18th and 19th centuries. The US Constitution, for example, established the executive branch with significant powers vested in the president, such as the power to veto legislation and serve as commander-in-chief of the armed forces. Other democratic countries, such as France and Germany, have similar executive powers vested in their presidents. The powers of a president are critical to ensuring the smooth functioning of a democratic government. However, the balance of power between the executive, legislative, and judicial branches must be carefully maintained to prevent abuses of power and protect the fundamental rights of citizens. Research Objectives: The Research objectives for this article are as follows: 1)To identify and analyze the types of presidential powers. 2)Examine the evolution of presidential powers. 3)Investigate the impact of presidential powers on democracy. Research Methodology: I have chosen to design and organize the research entirely according to doctrinal research which includes both the primary and the secondary sources of data, also used articles and reports,and gathered information by governments official websites, journals. (^2) “Optional-Political-Science-Part- 3 .Pdf - Dream Dare Win Www.jeywin.com Political Science Prelims 1. Party System & Political Process: Theories of Party: Course Hero.” Optional-Political-Science-Part- 3 .Pdf - Dream Dare Win http://www.jeywin.com/wp-content/uploads/ 2010 / 03 /Optional-Political-Science-Part- 3 .pdf POLITICAL SCIENCE PRELIMS 1. PARTY SYSTEM & POLITICAL PROCESS: Theories of Party | Course Hero , https://www.coursehero.com/file/ 76367789 /Optional-Political-Science-Part- 3 pdf/.
president more authority over how the government operates. Examples include the National Security Council and the Office of the President. Constitutional revisions and alterations to the political and social climate have allowed the President's powers in India to shift over time. The need for strong executive leadership as well as external causes like war or economic crises are what motivate the growth of presidential powers. To avoid abuses of power and safeguard citizens' rights, it is crucial to preserve a balance of power between the executive, legislative, and judicial departments.^4 Executive Powers of President 1.Executive head of the union: Article 53 of the Indian Constitution states that the executive power of the Union (i.e., the central government) shall be vested in the President of India. This means that the President has the power to carry out the functions of the central government either directly or through subordinate officers, as provided for in the Constitution. The President's exercise of this power is subject to the Constitution and other laws and can be reviewed by the courts to ensure that it is in conformity with these provisions. In the case of Ram Jawaya Kapur v. State of Punjab (1955)^5 it was held that it is residuary power left after the judiciary and the legislative power. The Supreme court reiterated that the executive head of the nation is the president, but the real powers are vested with the council of ministers. Shamsher Singh v. State of Punjab (1974)^6 is a landmark case in Indian constitutional law, Whenever the constitution requires the satisfaction of the president it's not their personal satisfaction but it’s the satisfaction of the council of the ministers who aid and advise the president generally. 2.Executive actions of the government taken in the name of the president : Article 77(1) of the Indian constitution deals with All executive actions of the Government of India shall be expressed to be taken in the name of the President. In the case of S.P. Gupta v. President of India (1981)^7 The Supreme Court of India held that the President is not a mere rubber stamp and (^7) S.P. Gupta v. President of India, (AIR 1982 SC 149). (^6) Shamsher Singh v. State of Punjab,(AIR 1974 SC 2192). (^5) Ram Jawaya Kapur v. State of Punjab, (AIR 1955 SC 549). (^4) “The Evolution of the Presidency.” Ushistory.org , Independence Hall Association,https://www.ushistory.org/gov/7a.asp
has the power to question and even refuse to give assent to executive actions that are unconstitutional or violate the provisions of the Constitution. 3.Appointments : The Appointment of the Attorney General for India is governed by Article 76 of the Indian Constitution.The Attorney General is appointed by the President of India and holds office during the pleasure of the President. The President can remove the Attorney General from office at any time, although this power is rarely exercised, The Governor of a State shall be appointed by the President by warrant under his hand and seal under article 155 of the Indian Constitution, The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under 124(2) of the Constitution.^8 4.Commander in Chief : As head of State, the President is the ultimate Commander of the Indian Armed Forces and has the power to declare war or sign treaties. Legislative Powers of President 1.Power to promulgate ordinances : According to the Article 123 of The Indian Constitution, the President has the authority to enact laws on any matter that the Parliament is authorized to regulate. The duration of the ordinance's application is a maximum of six months and six weeks.In the case of D.C. Wadhwa v. State of Bihar (1987) The Supreme Court held that the power to promulgate ordinances is a legislative power and should be used only in extraordinary circumstances when the Parliament is not in session, and the circumstances require immediate action.^9 Rameshwar Prasad and others v. Union of India,(2006) -The Supreme Court held that the President's power to promulgate ordinances is not an absolute power, and it is subject to judicial review. The Court also stated that the ordinance-making power should be used only in exceptional circumstances.^10 2.Power of president to Summon , Prorogue , and Dissolve the house: Under article 85 of the Indian Constitution,The President shall summon each House of Parliament to meet at such time and place as he thinks fit, but there shall not be a gap of more (^10) Rameshwar Prasad and others v. Union of India, AIR 2006 SC 2113 (^9) D.C. Wadhwa v. State of Bihar, AIR 1987 SC 579 (^8) Supranote
4.The President may nominate two Anglo-Indian community members for the Lok Sabha under the Article 331 of the Indian constitution.Recently, the Union Cabinet gave its approval to end the Anglo-Indian reservation in legislative bodies.The 95th Amendment of 2009 prolonged the Anglo-Indian community's reserve until the year 2020. This clause was originally intended to be in effect until 1960. Judicial powers of president 1.Pardoning power : Article 72 of the Indian Constitution gives the President the power to grant pardons, reprieves, respites, or remissions of punishment to any person convicted of an offense. pardon is the complete forgiveness of the offense, while respite and reprieve are temporary suspensions of the sentence.^13 Commutation involves the replacement of a more severe punishment with a less severe one, while remission is the reduction of the period of sentence without changing the nature of the sentence itself.This power can be exercised in all cases where the punishment or sentence is by a court martial, for an offense against any law relating to a matter to which the executive power of the Union extends, or in all cases where the sentence is a sentence of death. The exercise of this power is subject to judicial review, and the courts can examine the validity of the grounds on which the power is exercised. Kehar Singh v. Union of India(1989)^14 In this case it was held that pardon is the act of grace and cannot be demanded as a matter of right.President cannot be asked to give reasons for his order. It also reiterated the case of State of Haryana v. Jagdish (2010)^15 The power to grant remission under Article 72 is absolute. Epuru Sudhakar v Government of Andhra Pradesh(2000)^16 In this case it was held that the pardoning power is subject to judicial review on the limited grounds like non application of minds,malafide,arbitrariness,irrelevant consideration etc, pardoning power cannot be exercised arbitrarily. 2.Appointment of Chief justice of India: According to Article 126, Appointment of chief justice or any other judges is done by the president may appoint for the purpose. (^16) Epuru Sudhakar v Government of Andhra Pradesh, (2006) 8 SCC 487. (^15) State of Haryana v. Jagdish,(2010) 15 SCC 186. (^14) Kehar Singh v. Union of India,(1989) 1 SCC 204. (^13) SupraNote 1
3.Reference power : Article 143 of the Indian constitution deals with President can take advice from the Supreme Court however it is not binding on him.However,the Supreme court is not bound to answer when president asks advices.In the case of In Re: The Kerala Education Bill, 1957(1959)^17 In this case, the President referred a question to the Supreme Court regarding the constitutional validity of a bill passed by the Kerala Legislature. The Court's opinion, which struck down the bill as being in violation of the right to religious freedom, has been cited in numerous subsequent cases involving the rights of religious minorities in India. Financial powers of president
- Introduction of Money bill (Art 1 10) and Financial bill (Art 1 17) president recommendation is necessary, assent of bills is must under the Article 11 1.In the case of Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007)^18 The Supreme Court held that the President has the power to return a money bill for reconsideration by the Parliament. However, the President must exercise this power within 14 days of receiving the bill. If the President fails to do so, the bill is deemed to have been passed. 2.Article 267(1) of Indian constitution deals with contingency funds that are under the control of the president.The President of India has access to the fund, which is intended to be used for unanticipated and urgent costs that cannot be delayed.The President is given access to the Contingency Fund and has authority over it. To cover any unexpected expenses, the President may make advances from the fund. However, the Parliament must accept such advancements within a six-month window. 3.President constitutes finance minister every 5 years:The President of India appoints the Finance Commission, a constitutional body, every five years. The role of recommending how taxes should be split between the federal government and the state governments, as well as between the state governments themselves, falls on the Finance Commission.When distributing money from the Consolidated Fund of India to the several states, the President takes the (^18) Raja Ram Pal v. Hon'ble Speaker, Lok Sabha,(2007) 3 SCC 184. (^17) In Re: The Kerala Education Bill,(1959) SCR 995.
Emergency powers of president Part XVIII of the Indian constitution containing articles 352 to 360 lays down the provisions relating to emergency powers of the president. Emergency may be proclaimed under three heads as follows: i) National Emergency (Article 352) ii) State Emergency or failure of constitutional machinery or president's rule in states (Article 356) iii) Financial Emergency (Article 360) i) National Emergency (Article 352) A National Emergency can be declared by the President of India under Article 352 of the Constitution of India, in case of a threat to the security of India, or any part thereof, due to war, external aggression, or armed rebellion. The Kargil War (1999)^20 In 1999, during the Kargil War between India and Pakistan, a limited National Emergency was declared under Article 352, which was in force until the end of the war. The COVID-19 Pandemic (2020) In March 2020, a nationwide lockdown was imposed in India to contain the spread of COVID-19. The lockdown was implemented under the provisions of the Disaster Management Act, 2005, but some commentators suggested that it was akin to a National Emergency. ii) President's Rule (Article 356) President's Rule is the suspension of a state government and imposition of direct rule by the President of India, usually following the failure of the constitutional machinery in a state. The Supreme Court established the rules to be followed for establishing President's Rule in a state in S.R. Bommai v. Union of India (1994)^21 , a precedent-setting decision. The Governor's report on the breakdown of the constitutional machinery must be founded on factual information, according to the Court, and it must be subject to judicial review. The Court further ruled that the (^21) SupraNote 16 (^20) “Kargil War.” Encyclopædia Britannica , Encyclopædia Britannica, Inc., https://www.britannica.com/event/Kargil-War
President's Rule proclamation needed to be authorized by both Houses of Parliament within two months or it would expire. iii) Financial Emergency (Article 360) Article 360 of the Constitution of India provides for the declaration of a Financial Emergency in India by the President of India, in case of a threat to the financial stability or credit of India or any part thereof. The 1991 Economic Crisis India faced a severe balance of payments crisis, which forced the government to undertake several economic reforms. Although a Financial Emergency was not formally declared, the government invoked emergency powers under various laws to implement these reforms.^22 Veto powers of president According to Article 111 of the Indian Constitution, after a Bill is enacted by both Houses of Parliament, it is then brought to the President of India for final approval.The power of the president to refuse the approval of the bill is termed as the veto power.There are 4 types of veto power which are as follows: a)Absolute Veto b)Suspensive Veto c)Pocket Veto a)Absolute Veto: When the president withholds the assent of the bill passed by the legislature is called absolute veto.It was used twice by the Indian President In the year 1954 it was exercised by Dr.Rajendra Prasad for ‘PEPSU’(Patiala and East Punjab States Union) appropriation of bill, in the year 1991 R Ventataraman exercised in Salary,Allowances and Pensions of MP (Amendment bill).^23 (^23) “Dr. Rajendra Prasad.” Dr. Rajendra Prasad | District Siwan, Government Of Bihar | India , https://siwan.nic.in/dr-rajendra-prasad/ (^22) Budget 1991-92 Speech of - Indiabudget.gov.in. https://www.indiabudget.gov.in/doc/bspeech/bs199192.pdf
Regardless of the specific powers allocated to a president, a well-functioning system of checks and balances is essential to preventing abuse of power. Too much power concentrated in one arm of government can lead to corruption, authoritarianism, and the deterioration of democracy. There are several ways to implement checks and balances, including the rule of law, a free press, an empowered legislature, and an independent judiciary. Together, these structures make guarantees that no one entity or branch of government has excessive power. These mechanisms, when correctly balanced, guarantee that all individuals' rights and freedoms are respected and that choices are made in a fair, transparent, and accountable manner. The judicial system is one of the most important balances on presidential power. The judiciary offers a neutral setting for settling conflicts and upholding the law. For instance, the Supreme Court of the United States has the authority to determine whether legislation passed by Congress is constitutional and to invalidate any that do so. An active press is a crucial safeguard against presidential power. A free press serves as a watchdog by looking into and revealing corruption and abuses of power. By doing this, the media contributes to the accountability of elected officials and the public's knowledge of governmental acts.To avoid an undue concentration of power in one person's hands, the president's authority should be constrained. An effective system of checks and balances can help with this. In Conclusion, the President's authority can vary greatly depending on the nation's political structure. No matter how much power a president has, it is essential to have a system of checks and balances in place to stop abuses of authority. This comprises the rule of law, a free press, a strong legislature, and an impartial judiciary. To maintain democracy and safeguard all citizens' rights and liberties, a working system of checks and balances is necessary.
