criticaly evaluate the powers and functions of president of Indian
Answers
Answer:
The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution). The president is the common head of all independent constitutional entities.
Answer:
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As per Article 53 of the Constitution of India, the President has the following executive powers:
A right to be informed of all of the nation’s affairs.
Powers to appoint and remove high Constitutional authorities, including the prime minister and the council of ministers.
Appointments of the judges of the Supreme Court and the High Courts, the state governors, the attorney general, the comptroller and auditor general (CAG), and the chief commissioner and members of the election commission are made in his name.
Legislative Powers
The President is always the first to address the Parliament during the budget session.
In case of a deadlock in legislation process between the two houses of Parliament, the President summons a joint session to break the impasse.
Presidential sanction is mandatory for a legislation such as creating a new state, or changes in the boundary of existing states, or a change in the name of a state.
Legislation dealing with fundamental rights under the Constitution require the President’s consent.
Money bills introduced in the Lok Sabha require the President’s consent.
All bills passed by Parliament need the President’s consent before becoming law.
The President is responsible for promulgating ordinances or emergent legislation during Parliament’s recess.
He nominates the members to both the Houses.
Military Powers
As the Supreme Commander of the Indian Armed Forces the President plays the following role:
All officers’ appointments are made by him or her, including that of the chiefs.
The country declares war in the name of the President.
The country also concludes peace in the name of the President
Diplomatic roles
The President of India plays a vital role in maintaining diplomatic and cordial relationships with other countries across the globe.
The country’s ambassadors and high commissioners are his representatives in foreign land.
He also receives the credentials of diplomatic representatives of foreign countries.
The President also negotiates treaties and agreements with other nations prior to ratification by Parliament.
Judicial powers
The President has the privilege of judicial powers.
He rectifies judicial errors
Has the power to grant pardons and reprieves from punishment.
The President can also seek the opinion of the supreme court on legal and Constitutional matters and on matters of national and people’s interest.
Financial Roles
The Contingency Fund of India is at the disposal of the President of India.
He causes the presentation of audit reports before Parliament.
He also receives the report of the finance commission and acta on its recommendations.
Emergency Powers
The Constitution of India envisages three kinds of emergency powers on the President.
During any national emergency which puts the country’s security at peril, either from external aggression or armed rebellion within, the President has the power to declare a state of emergency. The President’s Rule is then established in the state. However, such emergency has to be recommended by the Prime Minister and the cabinet.
The President can declare a State emergency based on political emergency due to Constitutional or law and order breakdown. The Governor’s Rule is then established in the state.
The President has the power to intervene when the financial stability of the country or any state is seriously affected. The President has the power to direct a state government to observe prudence in public expenditure.