PRESIDENT OF INDIA

President's Bodyguard (India)

The President of India enjoys the following powers

Executive Powers

The Constitution vests in the President of India all the executive powers of the Central Government. He appoints the Prime Minister who enjoys the support of the majority in the Lok Sabha. He also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of the Prime Minister.

The Council of Ministers remain in power during the 'pleasure' of the President, but in the real sense it means the pleasure of the Lok Sabha. As long as the majority in the Lok Sabha supports the government, the Council of Ministers cannot be dismissed.

The President makes important appointments. He appoints Governors of States, Chief Justice, judges of the Supreme Court and the High Courts, Attorney General, Comptroller and Auditor General, Chief Election Commissioner and other Election Commissioners, Chairman and Members of the Union Public Service Commission. He also appoints Ambassadors and High Commissioners to other countries. He receives the credentials of Ambassadors and High Commissioners from other countries.

The President is the Commander in Chief of the Indian military.

As supreme executive head, the President of India can grant pardon or reduce the sentence of a convicted person, particularly in all the cases involving punishment of death.

Judicial Powers

If he considers that a question of law or a matter of public importance has arisen, he can ask for the advisory opinion of the Supreme Court. He may or may not accept that opinion.

Legislative Powers

The President summons the sessions of both houses of the Parliament and prorogues them. He can even dissolve the Lok Sabha. These powers are formal and the President while using these powers must act according to the advice of the Council of Ministers headed by the Prime Minister.

He inaugurates the Parliament by addressing it after the general elections and also at the beginning of the first session every year. His address on these occasions is generally meant to outline the new policies of the government.

A bill that the Parliament has passed, can become a law only after the President gives his assent to it. He can return a bill to the Parliament, if it is not a money bill, for reconsideration. However, if the Parliament sends it back to him for the second time, he has to give his assent to it.

When the Parliament is not in session and the government considers it necessary to have a law, then the President can promulgate ordinances. These ordinances are submitted to the Parliament at its next session. They remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.

Emergency Powers

The President can declare three types of emergencies:

• National emergency
• State emergency
• Financial emergency

National emergency

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1965 (Indo - Pakistan war), 1971 and 1975 (declared by Indira Gandhi to let her government remain in power).

The President can declare such an emergency only on the basis of a written request by the Council of Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended. It modifies the federal system of government to a unitary one.

The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the Lok Sabha can be extended by a period of one year but not more than six months from the date when the emergency has ceased to exist.

State emergency

State emergency is declared due to failure of constitutional machinery in a state. Almost all states have undergone this type of an emergency. This emergency is also known as President's rule.

If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he can declare emergency in the state. Such an emergency must be approved by the Parliament within a period of six months.

It is imposed for six months and can last for a maximum period of three years with repeated parlaimentary approval every six months. If the emergency need to be extended for more than three years, it can be done by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir.

During such an emergency, the President can take over the entire work of the executive, and the Governor adminsters the state in the name of the President. the Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation. All money bills have to be referred to the Parliament for approval.

Financial emergency

If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he can declare financial emergency. Such an emergency must be approved by the Parliament within two months. It has never been declared. Such a situation had arisen but was avoided by selling off of the gold assets of India

It remains enforced till the President revokes it.

In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills passed by the State legislatures are submitted to the President for his approval. he can direct the state to observe certain principles (economy measures) relating to financial matters.

Important Presidential Interventions

The Presidential powers as Head of State, as compared to the Prime Minister, who is the executive head and enjoys Parliamentary majority, has evolved over a period of time. The role of the President, as defender of the Constitution has also evolved over a period of time. Some important milestones are as follows:

In mid 1980 decade, President Zail Singh had withheld assent to a legislation passed by Parliament that gave sweeping powers to the State to intercept mail. This was considered by the President to be an encroachment on citizens' freedom of speech and liberty as guaranteed by the Constitution.

In the early 1990, President Venkatraman withheld assent to a legislation passed by outgoing parliament that gave pension benefits to themselves. This was interpreted by the President to be in the nature of self-aggrandisement.

In 1979, the then Prime Minister Charan Singh did not enjoy Parliamentary majority. He also did not convene parliament. Since then, Presidents have been more diligent in directing incoming Prime Ministers to convene Parliament and prove their majority within a reasonable deadline dates (2-3 weeks). In the interim period, the Prime Ministers are generally restrained from taking policy decisions.

Since the nineties, Parliamentary elections have generally not resulted in a single party or group of parties having a distinct majority. In such cases, Presidents have used their discretion and directed Prime Ministerial aspirants to establish their credentials before being invited to form the government. Typically, the aspirants have produced letters from various party leaders pledging support to their candidature. This is in addition to proving majority within weeks of being sworn in.

In late nineties, President Narayanan introduced the important practice of explaining to the nation (by means of Rashtrapati Bhavan communiqués) the thinking that led to the various decisions he took while exercising his discretionary powers; this has led to openness and transparency in the functioning of the President.

Removal of the President

The President may be removed before the expiry of his term through a special measure known as impeachment. A President can be removed for violation of the Constitution

The process may start in any of the two houses of the Parliament. The house initiates the process by levelling the charges against the President. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration.

A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend himself through an authorized counsel. If the second house also approves the charges made by two-third majority again, the President is removed from office by impeachment.

No President has faced impeachment proceedings. Hence, the above provisions have never been tested.

List of Governors-General of India after independence

List of Presidents of India

* Acting

Notes

1. ^ Source:[1]

External links

• The President of India (Official site)