POWERS OF THE PRESIDENT OF INDIA

The executive power of the Union, Article 53 declares, shall be vested in the President and it shall be exercised by him either directly or through officers sub-ordinate to him, but always in accordance with the Constitution. The expression 'executive power' is nowhere defined in the Constitution. Ordinarily, it connotes the residue of the Governmental functions that remain after legislative and judicial functions are taken away. Broadly speaking, "executive function comprises both determinations of policy as well as carrying it into execution. This includes the initiation of legislation, the maintenance of low and order, the promotion pf social and economic welfare, the direction of foreign policy, the carrying on or supervision of the general administration of the state. The executive power may, therefore, be shortly defined as the power of carrying on the administration of the affairs of the State, excepting function which are vested by the Constitution in the legislature and Judiciary.

All the executive function of union are carried on in the name of the President. But in this regard it is to be noted as per Art.74, the President shall act on the advice of his council of Ministers. The power of the President can be discussed under the following heads:

1. Administrative powers
2. Legislative power
3. Judicial power
4. Emergency power
5. Financial power
6. Military power
7. Diplomatic power
8. Discretionary powers

I.    Administrative powers

1. The President can make rules specifying the manner in which the orders and the other instruments which are made and executed in his name shall be authenticated.
2. President appoints the Prime Minister and other ministers. He also appoints the
   Attorney General of India.
3. The President appoints the Governors of the states.
4. The President also appoints the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the UPSC, the Chairman and the members of the Finance Commissions, etc.
5. The President can appoint a commission to investigate into the conditions of SCs, STs and Backward Classes as well as a Commission to report on the administration of Scheduled Areas, a Commission on Official Language, and Special Officer for linguistic minorities.
6. The President shall also have the power to remove,
   (a) his Ministers, individually;
   (b) Attorney-General of India;
   (c) The Governor of a State;
   (d) The Chairman or a Member of the Public Service Commission of the Union or of a State, on the report of the Supreme Court;
   (e) A Judge of the Supreme Court or of a High Court or the Chief Election Commissioner or the Comptroller-General of India on an address of Parliament.
7. He directly administers the Union Territories through administrators appointed by him.
8. He can declare any area as Scheduled Area and has powers with respect to the administration of Scheduled Areas and Tribal Areas.
9. He can appoint an inter-state council to centre-state and inter-state co-operation.

II.    Legislative Powers

The President is an integral part of the Parliament, and enjoys the following legislative powers:

1. The President summons the Houses of Parliament at least twice a year, prorogues either House of Parliament and dissolves the Lok Sabha. He may both the Houses to meet in a joint sitting for debating or voting on a bill in case of a deadlock.
2. He nominates twelve members to the Rajya Sabha and may nominate two representatives of the Anglo-Indian community to the Lok Sabha.
3. He may address either House separately or both the Houses jointly. He may also send messages to either House of Parliament. At the commencement of the first session of Parliament, the President delivers an address corresponding to the Queens Speech from the Throne in the British Parliament.
    
4. Every Bill passed by Parliament must receive the President's assent before it can become an Act. The President may give his assent or withhold his assentor return it for reconsideration by Parliament with his own suggestions, a Bill other than a Money or Constitutional Amendment Bill. But if a Bill is passed again by both the Houses of Parliament with or without the amendments suggested by the President, the President is bound to give his assent to it.
    
5. The President makes certain reports and statements to be laid before the Parliament. It is the duty of the President to cause to be laid before Parliament -
   a. the Annual Financial Statement (Budget) and the Supplementary Statement;
   b. the report of the Auditor-General relating to the accounts of the Government of India;
   c. the recommendations made by the Finance Commission;
   d. the report of the Union Public Service Commission, explaining the reasons where any advice of the Commission has not been accepted;
   e. the report of the National Commission for Scheduled Castes and Scheduled Tribes;
   f. the report of the Commission on the backward classes;
   g. the report of the Special Officer for linguistic minorities.
    
6. Certain Bills need the President's recommendation for introduction in the Parliament. For example,
   a. A Bill for the formation of new States or alteration of boundaries of a State. The exclusive power of recommending such legislation is given to the President in order to enable him to obtain the views of the affected States before initiating such legislation.
   b. A Money Bill,
   c. A Financial Bill,
   d. A bill involving taxation or distribution of financial resources to the States, etc.
   e. A State Bill that seeks to restrict freedom of trade.
   It must be said that a Bill that requires the previous sanction of the President for the introduction in Parliament cannot be questioned in the Courts for is constitutionality, if such a sanction is not obtained after it is legislated upon, and the assent of the President is obtained.