state the powers of president for 5 marks
Answers
The Constitution explicitly assigns thepresident the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.
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The powers and functions that have been vested in the President of India may be classified under the following heads. The Executive powers, Legislative powers, Military powers, Diplomatic powers, judicial powers, financial powers and Emergency powers.
1. The Executive powers
Art 53 of the constitution lays down that the executive power of the union shall be vested in the President. Thus making him the head of the executive. All executive actions of the union must be expressed to be taken in the name of the President and as such he shall have a right to be informed of the affairs of the union. The executive power includes the power to appoint and remove the high constitutional authority of the country. Under this power he appoints the Prime Minister and other members of the Council of Ministers and distributes portfolios among them. He also appoints the judges of the Supreme Court and the High Courts in the states.
2. Legislative powers
The President of India is an integral part of the Union Parliament. The Parliament cannot function without involving him. Because he alone can summon and prorogue the Houses of Parliament. If there is a deadlock in the process of legislation between both the Houses of Parliament, the President has the power to summon a joint session to do away with the impasse. He addresses both the Houses on the inaugural session after each general election and presents the agenda of the government. Apart from this he can send messages to either House of Parliament on any important matter of national, constitutional or public interest. The constitution requires the previous sanction of the President for introducing certain legislations for example a bill which seeks to create a new state or change the boundary of an existing state or change the name of a state or dealing with certain matters relating to Fundamental Rights. Money bills also require the previous sanction of the President before its introduction in the Lower House. Besides all bills after they are passed in the Parliament need his consent to become Acts.
3. Military Powers
The constitution vests the Supreme Command of the Defence Force in the President of India. As such he makes all important appointments in the Defence Force including the Chief of the three wings the Armed Force, the Air Force and the Naval Force. He can declare war and conclude peace. However the President cannot do so himself. Under the Constitution he is required to do so under the control and authority of the Parliament.
4. Diplomatic Powers
The President enjoys wide diplomatic powers or powers over foreign or external affairs. For the purpose of maintaining ties with the other countries he appoints diplomatic representatives like Ambassadors or the High Commissioners to those countries. The diplomatic representatives of other foreign countries also present their credentials to him before taking up their assignments in this country. He also takes up the task of negotiating treaties and agreements with other countries subject to ratification by Parliament. As head of the state he represents India in International affairs.
5. Judicial Powers
The President of India as head of the executive enjoys some judicial powers like most other heads of democratic countries the world over. The purpose of granting such powers to the President is to rectify the possible judicial errors. No human system of judicial administration can ever be foolproof. The President of India can grant pardons, reprieves or respites or remission of punishment. He can suspend, remit or commute the sentence of any person convicted of any offence in cases where the punishment is by a court martial or death sentence.