Introduction
The President of India is the constitutional head of state and serves as the supreme executive authority under the Indian Constitution. However, India follows a parliamentary system of governance, which means that while the President is the nominal executive, the real executive power rests with the Council of Ministers, headed by the Prime Minister. The President primarily functions as a guardian of the Constitution, ensuring that all actions of the government conform to constitutional provisions.
Despite being a ceremonial head, the President exercises significant powers in legislative, executive, judicial, diplomatic, and emergency matters. This essay critically examines the powers and functions of the President, evaluating the extent of their influence and role in governance and constitutional balance.
Constitutional Provisions Related to the President
The Indian Constitution extensively defines the President’s powers and functions. Key articles include:
- Article 52 – India shall have a President.
- Article 53 – The executive power of the Union shall be vested in the President, to be exercised directly or through subordinate officers.
- Article 54 – The President shall be elected by an Electoral College consisting of MPs and MLAs.
- Article 56 – The President’s term of office is five years but may seek re-election.
- Article 61 – Impeachment of the President in case of violation of the Constitution.
- Article 72 – The President has the power to grant pardons, reprieves, and clemency.
- Article 123 – Ordinance-making power of the President.
- Articles 352-360 – Emergency powers of the President.
These constitutional provisions establish the President as the formal head of state with responsibilities to uphold and protect constitutional principles.
Powers and Functions of the President of India
The President’s role can be categorized into the following powers:
1. Executive Powers
The executive power of the Union is vested in the President, as per Article 53. However, it is exercised on the aid and advice of the Council of Ministers under Article 74.
A. Appointment Powers
The President appoints key constitutional functionaries, including:
- The Prime Minister, who commands a majority in the Lok Sabha.
- Other Ministers, on the advice of the Prime Minister.
- The Governor of States (Article 155).
- The Chief Justice and Judges of the Supreme Court and High Courts.
- Attorney General of India (Article 76).
- Chief Election Commissioner (CEC) and other Election Commissioners.
- Chiefs of Army, Navy, and Air Force.
- Members of UPSC, Finance Commission, and other statutory bodies.
B. Administration of Union Territories
- The President administers Union Territories through Lieutenant Governors and Administrators.
- In Delhi, Puducherry, and Jammu & Kashmir, the President exercises greater control through the Lieutenant Governor.
C. Role in Government Formation
- If no party secures a majority after general elections, the President exercises discretion in inviting the leader to form the government.
- In case of a hung Parliament, the President may decide which leader has the best chance of forming a stable government.
🔹 Critical Analysis:
Although the President appoints key officials, these decisions are largely symbolic, as they are based on the Prime Minister’s recommendations. However, the President’s discretion in hung parliaments and government formation can have major political consequences.
2. Legislative Powers
The President plays an essential role in the legislative process as part of Parliament.
A. Summoning and Dissolution of Parliament (Article 85)
- The President summons and prorogues sessions of Parliament.
- The Lok Sabha is dissolved on the advice of the Prime Minister.
B. Addressing Parliament (Article 87)
- The President addresses both Houses of Parliament at the beginning of each session.
- This speech outlines the government’s policies and legislative agenda.
C. Assent to Bills (Article 111)
- The President can:
- Give assent to a bill.
- Withhold assent (rarely used).
- Return non-money bills for reconsideration (if Parliament passes it again, assent is mandatory).
D. Ordinance-Making Power (Article 123)
- The President can issue Ordinances when Parliament is not in session.
- Such ordinances have the same force as laws, but must be approved by Parliament within six weeks.
🔹 Critical Analysis:
The ordinance power is often criticized as a tool for bypassing parliamentary debate. For example, the government frequently issues ordinances for controversial policies, raising concerns about executive overreach.
3. Judicial Powers
A. Appointment of Judges
- The President appoints Supreme Court and High Court judges based on recommendations of the Collegium system.
B. Pardoning Power (Article 72)
- The President can grant:
- Pardon – Complete removal of punishment.
- Commutation – Reduction of punishment.
- Remission – Reduction of sentence duration.
- Respite – Lesser punishment due to special conditions.
- Reprieve – Temporary suspension of punishment.
🔹 Critical Analysis:
- The pardon power has been controversial in cases like Afzal Guru and Rajiv Gandhi assassination convicts, where delays in mercy petitions raised human rights concerns.
4. Financial Powers
- The President lays the Annual Budget before Parliament (Article 112).
- No Money Bill can be introduced without the President’s approval.
- The President appoints the Finance Commission every five years.
🔹 Critical Analysis:
The President’s financial role is ceremonial, as all major economic policies are determined by the government.
5. Diplomatic Powers
- The President represents India in international affairs.
- Appoints ambassadors and diplomats.
- Negotiates and ratifies international treaties (with Parliament’s approval).
🔹 Critical Analysis:
All foreign policy decisions are taken by the government, making the President’s role purely formal.
6. Emergency Powers
The President can exercise extraordinary powers during emergencies (Articles 352-360):
- National Emergency (Article 352) – Invoked during war, external aggression, or armed rebellion.
- President’s Rule (Article 356) – If a state government fails, the President can impose direct central rule.
- Financial Emergency (Article 360) – Invoked during severe economic crises.
🔹 Critical Analysis:
- President’s Rule has been misused for political gains (e.g., Indira Gandhi’s government frequently dismissed opposition-led states).
- The Supreme Court’s SR Bommai case (1994) imposed restrictions on the arbitrary use of Article 356.
Conclusion: Is the President a Mere Figurehead?
The President of India is often viewed as a ceremonial head due to the dominance of the Prime Minister and Council of Ministers. However, in specific situations such as hung parliaments, ordinance-making, emergency situations, and judicial pardons, the President’s role becomes crucial.
While the President acts on government advice, the office plays a vital role in upholding the Constitution, ensuring democratic governance, and providing moral authority over executive decisions. Strengthening constitutional safeguards can further empower the President to function as a true guardian of democracy in India.
