Article 53 – Executive power of the Union
53. (1) the executive power of the Union shall be vested in the President and shall be exercised
by him either directly or through officers subordinates to him in accordance with this
Constitution.
53. (2) without prejudice to the generality of the foregoing provision, the supreme command
of the Defence Forces of the Union shall be vested in the President and the exercise thereof
shall be regulated by law.
53. (3) Nothing in this article shall (a) be deemed to transfer to the President any functions
conferred by any existing law on the Government of any State or other authority; or (b) prevent
Parliament from conferring by law functions on authorities other than the President.
Indian Government is following the Westminster system of Parliamentary democracy.
In India, the President is the nominal head. The President is empowered to exercise executive
powers either directly or through officers subordinate to him who means through the Prime
Minister and Council of Ministers. This is mentioned in Article 74 of the Indian Constitution.
Administrative Powers of the President
Under Article 77, all the actions of the government are taken under the name of the President.
Under Article 78, the President has the right to seek any information from the Centre and the
State.
Under Article 310, every officer of the government occupies his/her position during the
pleasure of the President.
Legislative Powers of the President
a. President summons both the Houses of the Parliament for sessions.
b. President also prorogues the sessions.
c. President is also responsible for dissolving the LokSaba.
d. The first session of each year and the first session of newly elected LokSaba after the
general elections begin with the address of the President.
e. President can nominate two members in the LokSaba belonging to the Anglo Indian
community.
f. President has the power to send messages to the Parliament.
g. President can nominate 12 members to the RajyaSaba.
h. President submits the reports of UPSC, Finance Commission etc. to the Parliament.
i. No bill can become a law without the assent of the President. To introduce certain bills
in the Parliament, prior permission of the President is required. E.g. Money bills.
j. President possesses Veto power.
k. President has Ordinance making power under Article 123.
reduce the punishment or suspend commute or remit the sentence of a criminal convicted by
the Supreme Court or High Courts for an offence against the federal laws. President’s
pardoning power comprises of pardon, reprieve, remission, respite and commutation. ThePresident can pardon a person convicted by a Court Martial. His/her power of pardon includes
granting of pardon even to a person awarded death sentence. But, the President performs this
function on the advice of Law Ministry. Advisory Jurisdiction under Article 143 also comes
under judicial powers of the President.
Emergency powers of the President: President has the power to declare National emergency
under Article 352 on the grounds of war, external aggression and armed rebellion. President
also has the power to declare Constitutional Emergency under Article 356. President can also
declare financial emergency under Article 360.
Areas where the President can act independently
Can reject the advice of the Prime Minister if the PM has lost majority in the house
Power to send messages to the Parliament
Power of suspense veto
If the general elections to the Lok Sabha throw up a ‘Hung House’
Under Article 78 – Presidents Right to Information
Under Article 74 – Send an advice back to the Council of Ministers for reconsideration.
Receive memorandum from the opposition, study the situation and speak to the PM
privately. Entitled to comment on the affairs of the state
Financial Powers: The financial powers and functions of the President are:
1. Money bills can be introduced in the Parliament only with his prior recommendation.
2. He causes to be laid before the Parliament the annual financial statement (i.e., the Union
Budget).
3. No demand for a grant can be made except on his recommendation.
4. He can make advances out of the contingency fund of India to meet any unforeseen
expenditure.
5. He constitutes a finance commission after every five years to recommend the
distribution of revenues between the Centre and the states.
Diplomatic Powers: The international treaties and agreements are negotiated and concluded
on behalf of the President. However, they are subject to the approval of the Parliament. He
represents India in international forums and affairs and sends and receives diplomats like
ambassadors, high commissioners, and so on.
Military Powers: He is the supreme commander of the defence forces of India. In that
capacity, he appoints the chiefs of the Army, the Navy and the Air Force. He can declare war
or conclude peace, subject to the approval of the Parliament.
Emergency Powers: In addition to the normal powers mentioned above, the Constitution
confers extraordinary powers on the President to deal with the following three types of
emergencies.
National Emergency (Article 352).
President’s Rule (Article 356 & 365).
Financial Emergency (Article 360)
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