The Powers and the Role of the President of India: The office of the President is of high dignity and eminence, not of real powers. The powers formally vested in him are actually exercised not by him, but by the Union Council of Ministers, in his name. If he tries to act against the wishes of the ministers, he may create a constitutional crisis. He may even face impeachment and may have to quit. Thus, the President has no alternative but to act in accordance with the advice of the Prime Minister, who after all is head of the real executive. The Prime Minister is in regular touch with the President.
Powers of the President of India:
1. Legislative Powers:
(i) To summon or prorogue both Houses of Parliament.
(ii) He addresses the two Houses of Parliament at the beginning of the first session in each year.
(iii) He can send the message to the Parliament.
(iv) He nominates 12 members of the Rajya Sabha having special knowledge of practical experience in respect of literature, science, art and social service.
(v) He is also empowered to nominate not more than two members of the Lok Sabha from the Anglo-Indian community.
(vi) The President gives his assent to the bill or withhold it or send it back.
(vii) The President can issue an ordinance at the time when the Parliament is not in session.
2. Executive Powers:
(i) The President invites the leader of Majority Party to form the Government and appoint him the Prime Minister and the Council of Ministers on his advice.
(ii) He is the Supreme Commander of the Defence Forces.
(iii) He appoints the Chairman and members of numerous commissions as Finance Commission, the Union Public Service Commission, etc.
(iv) He appoints the Attorney General and the Comptroller and Auditor General of India.
(v) He appoints the Chief Justice and other Judges of Supreme Court and the High Courts.
(vi) The Governors of the states, the Lt. Governors, the Chief Commissioners and the Administrators of the Union territories are appointed by the President.
(vii) He appoints Ambassadors, High Commissioners and other diplomatic officers and receives Ambassadors, High Commissioner and other diplomatic representatives from other countries.
(viii) All treaties and agreements are negotiated and concluded in the name of the President.
3. Financial Powers:
(i) No money bill (annual or supplementary budget) can be introduced in the Lok Sabha without the prior permission of the Presindent.
(ii) He has the control over the Contingency Fund of India.
(iii) The President appoints a Finance Commission every five years which recommends changes in the allocation of funds, raised and recovered through taxes and levies, to the Union and the States.
4. Powers of Pardon: He has the power to grant pardon, reprieve or remit punishment. He can suspend, commute or reprieve the sentence of a criminal convicted by any Court Martial or any other court. He has the pardoning power in respect of offences against law made under the Union and the Concurrent Lists. The only authority for pardoning a sentence of death is the President.
5. Miscellaneous Powers:
(i) The President has the power to frame rules and regulations with regard to the business of the Government.
(ii) He has the power to refer any question of public importance for the opinion of the Supreme Court.
(iii) He has the right to seek the advice of the Supreme Court on a matter involving the Constitution and the law.
(iv) He has the power, as Head of the State, to bestow honours and awards to those who excel in their respective fields.