Constitutional Position Of President

The head of state and the official executive is the President. Every executive action at the center is allegedly taken in his name. He received this power under Article 53(1) of the Constitution, which states that "executive power shall be vested in the President and shall be exercised by him directly or through subordinate officers." When determining the President's constitutional position, Articles 53, 74, and 75 of the Indian Constitution should be taken into account. 

 

•    The President is granted executive authority by Article 53, but s/he must uphold the Constitution when using that authority.

 

•    According to Article 74 of the Constitution, there shall be a Council of Ministers to assist and advise the President in the discharge of his duties, and he shall take such advice into consideration when making decisions.

 

•    According to Article 75(3), the House of the People holds the Council of Ministers jointly accountable. The President is not subject to legislative oversight under any provisions of the Constitution.

 

•    The manner and election procedure for the President of India are described in Articles 54 and 55 of the Indian Constitution.

 

•    According to Article 58 of the constitution, the candidate for president must be at least 35 years old, an Indian citizen, and entitled to serve in the Lok Sabha. A person who occupies the office of profit is likewise ineligible to run for president.

 

•    The President is the nominal head of the Union under the parliamentary system of government that is reflected in our Constitution, and he exercises the powers and duties that are granted to him by or pursuant to the Constitution with the assistance and counsel of his Council of Ministers. The role of the governor in the States is similarly defined by the constitution. 

 

•    The process for impeaching the President is outlined in Article 61 of the Constitution.

 

•    The procedure of impeachment allows for the removal of the president from office for "constitutional violations."

 

•    He is subject to an impeachment allegation from either House of Parliament. The motion must be made with at least 14 days' notice and must take the form of a proposal contained in a resolution signed by at least one-fourth of the members of the House. A resolution of this kind must be approved by at least two-thirds of the House's members.

 

•    The other House then looks into the accusation. At such an investigation, the president is entitled to make an appearance and be represented. The President will be removed from office as of the date the resolution is passed if the other House, after conducting an investigation, adopts a resolution declaring the charge to be proven with a majority of at least two-thirds of the entire membership of the House.

 

Every person has certain roles and responsibilities, just as the President has certain roles and responsibilities as well as specific powers as the President of India.

1.    The Executive

2.    Legislative Authority

3.    Financial Strength

4.    Judicial power

5.    Diplomatic Strength

6.    Military Strength

7.    Emergency Power 

8.    Ordinance Making Power

 

•    He exercises all executive powers either personally or through subordinate officers.

 

•    He is the Defense Forces' ex-officio Supreme Commander. Both war and peace can be started by him.

 

•    The Chief Election Commissioner, Comptroller and Auditor-General, Members of the U.P.S.C., Members of the Finance Commission and Inter-State Council, Commissioners of SCs/STs/Backward Classes and Minorities, and other officials are among those s/he appoints. He also appoints Governors, Lieutenant Governors, Chief Justice and Supreme Court and High Court Judges, Prime Minister and Union Ministers, and other officials.

 

•    He establishes regulations to make government business more convenient to conduct and distributes such business among Ministers.

 

•    Every decision made by the Council of Ministers must be communicated to him.

 

•    Through the Administrators or Lieutenant Governors, s/he oversees the Union Territories.

 

•    Any of his ministers, the attorney general of India, a state governor, the chairman or members of the public service commission (federal and state), a judge of the Supreme Court or high court, or an election commissioner may be removed from office by him.

 

•    A meeting of Parliament may be called, prorogued, and addressed by the President. He also demands the dissolution of the Lok Sabha. The President may call a joint session of both Houses of Parliament if there is a deadlock between them.

 

•    In regards to any Bill or other topic, he may transmit communications to either House of Parliament.

 

•    Presenting reports to the Parliament, such as the Annual Financial Statement, the Comptroller and Auditor General's Report, the U.P.S.C.'s Annual Report, etc.

 

•    Certain Bills, such as those relating to the establishment or reorganization of States, cannot be submitted in the Parliament without the prior approval or suggestion of the President.

 

•    A bill regarding Consolidated Fund of India expenditure, a bill affecting taxation that states are concerned about, and a bill restricting free trade and commerce.

 

•    No Bill may be passed into law without the President's approval.

 

•    S/He has the authority to enact ordinances when Parliament is not in session.

 

•    The President proposes 12 candidates for the Rajya Sabha from among those with exceptional expertise in the humanities, sciences, literature, or social work. If he believes that community is underrepresented in the Lok Sabha, he additionally proposes two Anglo Indian candidates.

 

•    The President's recommendation must be obtained before the Money Bill is introduced.

 

•    The President arranged for the Parliament to see the Union Budget.

 

•    Making a request for grants requires the president's approval.

 

•    The President is in charge of the Indian Contingency Fund.

 

•    Every five years, the President appoints the Finance Commission.

 

•    The President has the authority to commute sentences, reprieve, remit, or pardon offenders.

 

•    He selects ambassadors and accepts credentials from ambassadors from other countries.

 

•    Article 53 gives the President of India sole command of the country's armed forces. According to the parliament's rules, the president of India has the authority to declare war or reach a peace agreement.

 

The Indian Constitution specifies three different sorts of emergencies that the President of India must handle.

•    National Emergency (Article 352) 

•    President's Rule (Articles 356 and 365) 

•    Financial Emergency (Article 360)

 

•    The ability of the President to issue Ordinances is covered under Article 123 of the Indian Constitution. The Union Cabinet's ordinance is promulgated by the president. 

 

India does not have a presidential system of government like the United States, despite having a President. The head of state, but not the executive, of India is the president. He represents India but does not have absolute power because of its parliamentary system of governance. 

 

The President's (and Governors') status under the Constitution is comparable to the Crown's function under the British Parliamentary system, according to the Supreme Court's repeated rulings on the matter. As is the foundation of parliamentary government, the Council of Ministers, which is answerable to the Lok Sabha, shall execute the genuine executive powers.