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Executive powers
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Article 53 of the Indian Constitution states that all the executive powers of the Union will be vested in the President of India. The President is allowed to exercise his executive powers through officers subordinate to him, directly or indirectly, in consonance to the provisions of the Constitution.
Under this article, the President has powers regarding:
- Appointment of the high authorities of the Constitution like the Prime Minister and the Council of Ministers;
- Right of being informed about all the national affairs;
- Appointment of the judges of the constitutional courts(Supreme Court and High Courts);
- Appointment of the state Governors, the Attorney General, the Comptroller, and Auditor General, the Chief Commissioner and members of the Election Commission of India;
- Administration of Union territories and appointment of the Chief Commissioners and Lieutenant Governor of the Centrally Administered Areas;
- Removal of the Council of Ministers, the state Governors, the Attorney General.
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Military powers
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Article 53 also states that the President shall be the Supreme Commander of all the Armed Forces of the Union of India. It also states that no specific provisions can reduce the scope of this general principle.
As the Supreme Commander of the Armed Forces of the Union, President has powers regarding:
- Appointment of all the officers, including the appointment of the chiefs of the forces;
- Wars are waged in the name of the President;
- Peace is concluded in the name of the President.
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Diplomatic powers
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The President forms the face of Indian diplomacy and helps the nation to maintain cordial relationships with countries across the globe.
- All the Ambassadors and high commissioners in foreign nations are his representatives;
- He receives the credentials of the Diplomatic representatives of other nations;
- Prior to ratification by Parliament, the treaties and agreements with other nations, are negotiated by the President.
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Legislative powers
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The President also enjoys certain legislative powers like:
- During the budget session, the President is the first to address the Parliament;
- The President is empowered to summon a joint session in order to break the deadlock in the legislation process between the two Houses of the Parliament;
- President sanction is mandatory in cases of provisions relating to:
- creating a new state;
- changes in the boundary of existing states;
- a change in the name of a state.
- Legislative provisions relating to fundamental rights of the citizens of India require the President’s consent;
- President’s consent is mandatory in cases of money bill originating in Lok sabha;
- President’s consent is necessary for all the bills passed by the Parliament to become a law;
- President is empowered to promulgate ordinances when the Parliament is not in session;
- President also nominates the members of both the Houses.
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Ordinance making power of the President: Article 123
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Article 123 talks about the presidential powers to promulgate ordinances. An ordinance can be promulgated if:
- neither of the House of the Parliament is in session;
- and the President feels a need for immediate action.
- The ordinance which is promulgated by the President will have the same effect as that of an act or law of the Parliament.
- The essential conditions to be met by an ordinance are:
- It shall be presented before both the Houses of Parliament for passing when it comes to the session;
- The ordinance shall cease to operate six weeks after the date of reassembling of the parliament;
- The ordinance may also expire if the resolutions disapproving it are passed by both the Houses of Parliament;
- It can be withdrawn at any time by the President;
- The ordinance must be in consonance to the Constitution of India else it shall be declared void.
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Financial Roles
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- President receives reports of the Finance Commission and acts on its report.
- The Contingency Funds of India are at the disposal of the President.
- He also causes the presentation of audits in the Parliament.
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Judicial powers
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The President enjoys the following privileges as his judicial powers:
- He can rectify the judicial errors;
- He exercises the power of grant of pardons and reprieves of punishments;
- President can seek the advice of Supreme Courts on:
- Legal matters,
- Constitutional matter,
- Matters of national importance.
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Pardoning power: Article 72
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Article 72 provides for the provisions relating to the pardoning powers of the President. President can grant pardons, respites, reprieves, and remissions of punishments or remit suspend or commute the sentence given to a person by the court in the following cases:
- When the sentence is granted through a court-martial;
- When the sentence or punishment is given for offense of violation of any law relating to matters that fall in the ambit of Union’s executive powers;
- When a death sentence is passed by a court.
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Clemency Power not unbridled
- Unbridled Ness of the pardoning powers of the president has always been a highly debated issue. Supreme Court in various cases has laid down provisions for exercising control over the pardoning powers of the Executive.
- In Maru Ram Etc. Etc v Union of India, Supreme Court held that pardoning power under Article 72 is to be exercised by the President, on the advice of Central Government and not on his own will and that the advice is binding on the head of the Republic.
- In Dhananjay Chatterjee alias Dhana v State of West Bengal, the Supreme Court reiterated the same.
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Nature of Pardoning Power
- Indian Presidents are known for the generous grant of pardons. Pardon is an act of grace and not a form of a right to be demanded by any person. Unlike the Constitutional provision, Pardon is granted by the executive as a whole and not by the President alone. This is done as it is necessary for the President to act on the aid and advice of the Council of Ministers.
- A pardon completely sets free an offender of all his guilt. A full pardon makes the person innocent in the eyes of law as if he has never committed a crime. It gives him the identity as that of a new man with a new set of capacities.
- The pardoning power comes with discretion on the part of the President. The practice to confer the right of pardon on some authority has long existed. It is also practised in other countries, for example, the U.S. Constitution prescribes for the power of pardon to the President whereas, In the United Kingdom, the same is conferred to the Crown.
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Pardoning Power: subject to judicial review
- In Kuljit Singh Alias Ranga Vs Lt. Governor of Delhi & Ors the court held that the pardoning powers of the president
- under Article 72 can be examined according to the facts and circumstances of each case. The Court has the power of judicial review even on a matter which the Constitution has vested solely in the Executive.
- The most significant case of Kehar Singh And Anr. Etc Vs. Union of India And Anr. dealt with the concept of judicial review of the President’s pardoning power on grounds of its merit. In this case, the Supreme Court held that
- The terms and history of Article 72 as well as the specific guidelines and case laws relating to Article 72 clearly indicate that the ambit of Article 72 very wide. The powers under this article cannot be clearly defined or channelized with specific guidelines. The term “pardon“ itself signifies it to be discretionary. Hence, the grant or rejection of pardons cannot be reasoned and the order of President cannot be brought under judicial review with respect to its merits.
- Whereas In Epuru Sudhakar Case, where a Congress activist faced ten years in prison in connection with the killing of two persons including a TDP activist. His punishment was remitted by the Governor of Andhra Pradesh. Contentions were raised regarding the immunity of the pardoning power. The Supreme Court bench stated that the exercise of pardoning powers would be subject to judicial review by the court against the maintenance of Rule of Law.
- Exercising powers of clemency is a matter of discretion but still subject to certain standards and not a matter of privilege. The power of executive clemency is a matter of performance of official duty and not only for benefiting the convict. During exercising such powers the President must also consider the effect of his decision on the family of the victims, the society and the precedent it sets for the future.
- Thus this judgment settled position of law that immunity from the judicial review can not be granted to the President for exercise or non-exercise of the pardoning power.
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Emergency Powers
Article 352 of the Constitution of India grants President, three kinds of emergency powers as well:
- When a National Emergency is declared in case of external aggression or internal armed rebellion, the President holds the powers to declare a state of emergency. Thus the President’s rule gets established in the country. However, the prime minister and the Council of Ministers must recommend such an emergency;
- When there exists a constitutional or law and order breakdown situation in a state, the President may declare a state of emergency in such cases. The state would then come under Governor’s rule;
- Whenever the financial stability of the nation or any country is seriously affected, the President has the right to intervene and direct the state to check and maintain public expenditure.
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Articles 72 and 161 of Constitution
Article 161 grants the power to the Governor of the state to suspend, remit or commute sentences of the offenders in certain cases relating to a violation of provisions or laws to which the executive power of the state extends.
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