70^th BPSC Mains

Approach Briefly introduce the President of India. Mention the roles, responsibilities and discretions related to the office of the President. Conclude suitably.

Introduction

The President of India is the constitutional head of state and the supreme commander of the armed forces. As per Articles 52 to 78 of the Indian Constitution, the President is an integral part of the Union Executive. While largely a ceremonial head, the President plays a crucial role in governance through executive, legislative, judicial, and emergency powers, including some discretionary functions.

Body

Roles and Responsibilities of the President

• Head of State
  • The President represents the sovereignty and unity of the nation, both domestically and internationally.
  • Performs ceremonial duties, including addressing Parliament and interacting with foreign dignitaries.
• Executive Powers
  • The President appoints the Prime Minister, Governors, Chief Justice, Supreme Court and High Court judges, Election Commissioners, and other key officials.
  • Exercises executive authority on the advice of the Council of Ministers, headed by the Prime Minister.
• Legislative Role
  • The President summons and dissolves Parliament and addresses the first session of each year.
  • No bill becomes a law without the President’s assent. The President can grant assent, withhold assent (absolute veto), or return bills for reconsideration (suspensive veto).
  • Ordinance-making power (Article 123) allows the President to promulgate ordinances when Parliament is not in session, on the advice of the Council of Ministers.
• Judicial Powers
  • The President has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 72.
  • This power applies to death penalty cases and cases under union law.
• Commander-in-Chief of the Armed Forces
  • The President is the Supreme Commander of the Army, Navy, and Air Force.
  • Declares war and concludes peace treaties on the recommendation of the Government.
• Emergency Powers (Articles 352, 356, and 360)
  • National Emergency (Article 352) – Can be declared in case of war, external aggression, or armed rebellion.
  • State Emergency (Article 356) – If a state government fails to function as per the Constitution, President’s Rule can be imposed.
  • Financial Emergency (Article 360) – The President can take financial control over states in case of a financial crisis.

Discretionary Powers of the President

• Appointment of Prime Minister
  • When no party secures a clear majority in the Lok Sabha, the President exercises discretion in inviting a leader to form the government.
• Dismissing the Council of Ministers
  • The President can dismiss the Prime Minister and Council of Ministers if they lose the confidence of the Lok Sabha but refuse to resign.
• Dissolution of the Lok Sabha
  • If the government loses a vote of confidence, and no alternative government is possible, the President can dissolve the Lok Sabha.
• Veto Power over Bills
  • The President can return a bill once for reconsideration (suspensive veto). If Parliament passes it again, the President must give assent.
• Ordinance-making Power
  • The President can issue ordinances in urgent situations, but these must be ratified by Parliament within six weeks of its reassembly.
• Pardoning Power
  • The President can pardon or commute sentences, including the death penalty, independent of the Council of Ministers' advice in exceptional circumstances.

Impact on The Functioning of Parliamentary Democracy

• Upholds Constitutional Morality: The President ensures that government actions align with constitutional provisions and democratic principles.
• Maintains Continuity of Governance: Even during transitions or political instability, the President ensures smooth functioning of the system.
• Acts as a Check on the Executive: Through assent to bills, ordinance powers, and return of non-money bills, the President can encourage re-evaluation.
• Safeguards Federalism: The President’s role in emergency provisions and Governor appointments directly influences Centre–State relations.
• Symbol of Unity and Legitimacy: The President embodies the unity of the nation, lending legitimacy to democratic institutions and processes.

Conclusion

The President of India, while largely a constitutional head, plays a significant role in ensuring constitutional governance, stability, and continuity of administration. Though most powers are exercised on the advice of the Council of Ministers, certain discretionary powers provide a constitutional safeguard in times of crisis, reinforcing the democratic and parliamentary nature of governance.