Keywords:
– President
– Indian constitution
– Powers and functions
– Executive head
Abstract:
The position of the President under the Indian Constitution is that of the head of state and the highest constitutional authority in the country. As per Article 52 of the Constitution, the President is the first citizen of India and exercises powers and performs duties as prescribed by the Constitution. The President is elected by an electoral college consisting of the elected members of both houses of Parliament and the Legislative Assemblies of the states. This article provides an overview of the powers, functions, and position of the President in India.
Introduction
The President of India, under the Indian Constitution, holds the highest constitutional office in the country. The President is the head of state and performs ceremonial, executive, legislative, and diplomatic functions. They are elected by an electoral college and serve a five-year term. The President appoints the Prime Minister and other high officials, signs bills into law, represents India internationally, and has the power to grant pardons. While the President’s role is primarily symbolic, they play a crucial role in the functioning of the government and upholding the Constitution.
Powers and Position of the President
Under the Indian Constitution, the position of the President holds a significant role in the governance of the country. Here are some key aspects of the President’s position:
- Head of State: The President is the ceremonial head of the state and represents the unity and integrity of the nation. The President’s role is largely symbolic and non-partisan, aiming to uphold the prestige and dignity of the office.
- Executive Powers: The President exercises various executive powers. The President appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha (the lower house of Parliament). The President also appoints the Council of Ministers on the advice of the Prime Minister.
- Legislative Powers: The President has certain legislative powers. Every bill passed by Parliament requires the President’s assent to become law. The President can also summon and prorogue (end) sessions of Parliament and address both houses at the beginning of each session.
- Judicial Powers: The President has limited judicial powers. The President appoints the judges of the Supreme Court and High Courts of India, in consultation with the Chief Justice and other relevant authorities.
- Diplomatic Powers: The President represents India in international affairs. The President receives foreign ambassadors and high-level dignitaries and can appoint diplomats, accept credentials of foreign envoys, and ratify international treaties and agreements.
- Emergency Powers: In certain exceptional circumstances, the President can declare a national emergency, state emergency, or financial emergency. During emergencies, the President’s powers expand, and the government can exercise additional authority to address the situation.
- Pardoning Powers: The President has the power to grant pardons, reprieves, and respites to individuals convicted of certain offenses. This power is exercised with the advice of the Council of Ministers.
- Appointment Powers: The President appoints various high-level officials, including governors of states, members of constitutional bodies, and other positions as prescribed by the Constitution or laws.
The President Is elected by an electoral college consisting of elected members of both houses of Parliament and the State Legislative Assemblies. The President’s term is five years, and they can be re-elected for a maximum of two terms.
Overall, the position of the President under the Indian Constitution combines ceremonial, executive, legislative, and diplomatic responsibilities, playing a vital role in the governance and functioning of the country.
4. Examples/Case laws
One example of the President’s power is the power of appointment. In the case of Shamsher Singh v. State of Punjab (1974), the Supreme Court held that the President has the authority to appoint the Prime Minister and other Council of Ministers on the advice of the Prime Minister. This case exemplifies the President’s executive powers in the formation of the government.
Another example is the power of the President to grant pardons, reprieves, respites, or remissions of punishment. The famous case of Kehar Singh v. Union of India (1989) involved the President’s power to grant clemency to a death row convict. The Supreme Court upheld the President’s power to grant mercy in appropriate cases.
5. Conclusion:
In conclusion, the President holds a significant position in the Indian constitutional framework. With powers and functions that range from appointing key officials to granting pardons, the President serves as the executive head of the nation. The Indian Constitution has vested the President with essential responsibilities to ensure the smooth functioning of the government and the welfare of the country.
References:
– Shamsher Singh v. State of Punjab, (1974) 2 SCC 831. [Link](https://indiankanoon.org/doc/1286638/)
– Kehar Singh v. Union of India, (1989) 1 SCC 204. [Link](https://indiankanoon.org/doc/1777127/)
This article is written by Antaripa Choudhury , Bharati Vidyapeeth University New Law College Pune , 3rd year during her internship.
