Question

Explain the powers and functions of the President in detail.

Answer 1

The president is indirectly elected by an electoral college comprising the Parliament of India (both houses) and the legislative assemblies of each of India's states and territories, who themselves are all directly elected.

Although the Article 53 of the Constitution of India states that the president can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the president are, in practice, exercised by the prime minister (a subordinate authority) with the help of the Council of Ministers.[2] The president is bound by the constitution to act on the advice of the prime minister and cabinet as long as the advice is not violating the constitution.

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).[6] The president is the common head of all independent constitutional entities. All his actions, recommendations (Article 3, Article 111, Article 274, etc.) and supervisory powers (Article 74(2), Article 78 c, Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used in accordance to uphold the constitution.[7] There is no bar on the actions of the president to contest in the court of law.[8][9]

Legislative powersEdit

Legislative power is constitutionally vested by the Parliament of India of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses (The House of the People and 'The Council of States') of the parliament and prorogues them. He can dissolve the Lok Sabha.[4]:147

The president inaugurates parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The Presidential address on these occasions is generally meant to outline the new policies of the government.[10]:145

All bills passed by the parliament can become laws only after receiving the assent of the president per Article 111. After a bill is presented to him, the president shall declare either that he assents to the Bill, or that he withholds his assent from it. As a third option, he can return a bill to parliament, if it is not a money bill, for reconsideration. President may be of the view that a particular bill passed under the legislative powers of parliament is violating the constitution, he can send back the bill with his recommendation to pass the bill under the constituent powers of parliament following the Article 368procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold his assent from it. The president can also withhold his assent to a bill when it is initially presented to him (rather than return it to parliament) thereby exercising a pocket veto on the advice of prime minister or council of ministers per Article 74 if it is inconsistent to the constitution.[9] Article 143 gave power to the president to consult the supreme court about the constitutional validity of an issue. The president shall assent to constitutional amendment bills without power to withhold the bills per Article 368 (2).

Answer 2

Explanation:

The president of India heads union executive; thus, all the executive powers are exercised under his name. The president is in charge of appointing the judges of the supreme and high court, prime minister and other ministers. The Indian president is the head of state. Hence he is the chief commander of the armed forces of India. The president exercises financial powers by recommending and allowing money bills to be introduced in parliament. The president of India can pardon or remission punishment to anybody who has been convicted by the Indian law court. The president represents India in international conferences, the president also receives ambassadors and diplomatic from foreign nations.