The President of India holds significant powers, including executive, legislative, judicial, and emergency powers. Executively, the President appoints key officials and can issue ordinances.
Legislatively, the President approves bills passed by Parliament. Judicially, the President can grant pardons and commute sentences.
In times of crisis, the President can declare National, State, or Financial Emergencies, granting special powers to the government. Though largely ceremonial, these powers have a crucial role in India’s governance.
Table of Contents
The Powers of President of India form the backbone of India’s constitutional democracy. As the nation’s ceremonial head and the commander-in-chief of the Indian Armed Forces, the President holds a unique and pivotal role. These powers are defined in the President Article sections of the Indian Constitution, including Articles 52 to 62, detailing election, powers, impeachment, and succession. The powers and functions of President in India span across executive, legislative, judicial, financial, military, and emergency domains.
Who is the President of India
The role of President in India is to act as the constitutional head of state, representing the nation’s unity, integrity, and sovereignty. Currently, Droupadi Murmu serves as the President. She is the first tribal woman and post-independence-born individual to hold this office. Before entering politics, she worked as a teacher and legislator in Odisha.
Draupadi Murmu set a record by becoming the President of India. She was the second female candidate to win, and she hails from a tribal community. She belongs to the Santhal tribe in India.
She is the first tribal woman to have ever held the highest post.
She is also India’s first President born in the post-Independence era.
Her earlier profession was that of a teacher in Odisha before she entered politics and became an MLA.
How is the President Elected?
The President of India is not directly elected; instead, an electoral college chooses them. This electoral college consists of elected members from:
Legislative Assemblies of States (Legislative Councils are not involved)
Elected members of the Legislative Assemblies of States and Union Territories (Delhi and Puducherry)
The President serves a five-year term with eligibility for re-election. Article 61 outlines the impeachment process for violations of the Constitution, reinforcing the powers and functions of President in India with accountability.
Qualifications of the President
To ensure suitability, the Constitution defines clear criteria:
Must be a citizen of India
Must be 35 years or older
Must be qualified for election as a member of the Lok Sabha
Cannot hold any office of profit under the government.
These requirements ensure that the functions of President of India are carried out by an experienced and impartial leader.
Conditions of the President’s Office:
Term Length: The President of India serves a five-year term. There is no provision for re-election, ensuring impartiality and independence in their role.
Election Process: The President is elected by an Electoral College consisting of members from Parliament and State Legislative Assemblies. This indirect election process aims to represent all sections of society in the country.
Term and Oath of Office
As per Article 56, the President’s tenure is five years but may continue until a successor assumes office. They may resign, be impeached, or vacate office upon death or disqualification.
Article 60 mandates that the Chief Justice of India administer the oath of office, reinforcing the constitutional gravity of the powers of President of India.
Can the President’s Office Become Vacant?
Yes, through:
Expiry of term
Resignation
Impeachment
Death
Invalid election (as per Supreme Court judgment)
In such cases, the Vice-President or the Chief Justice of India assumes charge temporarily. These procedures are detailed in the President Article sections of the Constitution.
Important Note: In case of a vacancy due to any reason other than the completion of the term, the Vice-President assumes the role of the acting President. According to the President’s Act, 1969, if the Vice-President’s office is also vacant, the Chief Justice of India (CJI), or in his absence, the senior-most judge of the Supreme Court, will temporarily discharge the duties of the President until a new President is elected.
Five Powers of President of India
The five powers of President of India can be classified into key categories that define the President’s influence across branches of governance:
The President of India plays an important role in the country’s structure, serving as the ceremonial head of state. With a range of powеrs and responsibilities, the President performs functions that contribute to the functioning of the Indian government.
1. Executive Powers of President of India
All executive actions of the Government of India are carried out in the President’s name.
Can make rules for:
Authenticating orders and instruments issued in their name.
Conducting Union government business and distributing it among ministers.
Appoints:
The Prime Minister and other Union ministers (who serve at the President’s pleasure).
Governors of States, the Attorney General, Comptroller and Auditor General, Chief Election Commissioner and other Election Commissioners, Chairman and Members of UPSC, Finance Commission, etc.
Can:
Request information from the Prime Minister on Union affairs and legislative matters.
Require the Prime Minister to submit matters decided by a minister but not yet considered by the Council of Ministers.
Establish commissions to investigate conditions of backward classes.
Constitute an Inter-State Council to promote Centre-State cooperation.
Administer Union Territories through appointed administrators.
Declare areas as Scheduled Areas and exercise powers related to Scheduled and tribal areas.
2. Legislative Powers of President of India
Can summon, prorogue, or dissolve the Lok Sabha; and convene a joint session of Parliament (chaired by the Lok Sabha Speaker).
Delivers inaugural addresses at the start of each Parliament session/year and can send messages to Parliament.
Appoints a presiding officer in the absence of the Speaker/Deputy Speaker or Chairman/Deputy Chairman.
Nominates:
12 members to the Rajya Sabha with expertise in literature, science, art, or social service.
(Previously) two Anglo-Indian members to the Lok Sabha (discontinued by the 104th Amendment, 2019).
Decides disqualifications of MPs in consultation with the Election Commission.
Prior recommendation is required for introducing bills related to:
Expenditure from the Consolidated Fund of India.
State boundaries, money bills, taxation affecting states, or distribution of financial resources.
Certain state bills (e.g., affecting trade/commerce) require presidential assent.
Upon receiving a bill, the President may:
Assent, withhold assent, or return (non-money) bills for reconsideration.
Similarly, for state bills reserved by the Governor, the President can assent, withhold assent, or return them (except money bills).
Can promulgate ordinances when Parliament is not in session—effective for six weeks unless ratified.
Lays before Parliament reports from bodies like the CAG, UPSC, and Finance Commission.
Can issue regulations for governance of Union Territories like Andaman and Nicobar, Lakshadweep, Daman and Diu, Dadra and Nagar Haveli, and Ladakh. In Puducherry, such regulations apply only when its assembly is suspended or dissolved.
3. Judicial powers of President of India
Appoint the Chief Justice and judges of the Supreme Court and High Courts.
Have the authority to seek advice from the Supreme Court on legal or factual matters, although this advice is not binding.
Can grant pardons, reprieves, respites, and remissions of punishment, or suspend, remit, or commute sentences for individuals convicted under:
Court-martial rulings,
Union Law violations,
Death sentences.
4. Financial Powers of President of India
Money bills require their prior recommendation before being introduced in Parliament.
They ensure the Annual Financial Statement (Union Budget) is presented before Parliament.
No grant can be proposed without their recommendation.
They have the authority to authorize advances from the Contingency Fund of Indiato cover unforeseen expenses.
They establish a Finance Commission every five years to propose the allocation of revenues between the Centre and the States.
5. Diplomatic powers of President of India
International treaties and agreements approved by Parliament are negotiated and finalized under their authority.
Represent India in international forums and affairs.
6. Military powers of President of India
The President oversees the defense forces of India and appoints the Chief of the Army, Chief of the Navy, and Chief of the Air Force.
7. Emergency powers of President of India
Among the five powers of President of India, emergency powers are the most critical:
National Emergency (Article 352)
President’s Rule (Article 356)
Financial Emergency (Article 360)
These give the President authority to override standard government functioning during crises, showcasing the crucial role of President of India in safeguarding national integrity.
8. Pardoning Power of the President of India
Article 72 of the Indian Constitution grants the President the authority to pardon, commute, remit, grant respite, or reprieve to individuals who have been convicted of an offence. This power applies in cases where:
The sentence involves the death penalty.
The punishment or sentence is related to an offense against a Union Law.
The punishment or sentence is issued by a court-martial (military court).
Impeachment Process
The process of impeаching the President is a complex оne. Initiating it is only possible if there is evidence of a violation of the Constitution. The steps for impeachment are оutlined in Article 61 of the Indian Constitution, which includes:
аt least оne-fourth of the Lok Sabha or Rajya Sabha members must sign а proposal to start the impeachment process.
The proposal is then submitted to the prеsiding officer of the House (either the Speaker of Lok Sabha or the Chairman of Rajya Sabha).
If the presiding officer accepts the propоsаl, it is referred to a committee for investigation. This committee is comprised of members chosen from both houses.
If this committee finds evidence supporting that the President has violated the Constitution, the motion to impeach is brought forward in the House, where it was initially proposed.
A two-thirds majority vote of all House members must pass this motion. Once passed, it will be presented to the House for consideration.
If both Houses approve this motion with а two-thirds majority vote, it results in impeachment. Thus leading to a vаcancy in the presidential office.
Ordinance-Making Power of President of India
The ordinance-making power allows the President to legislate when Parliament is not in session. Governed by Article 123, this is a critical legislative function:
Requires urgency and satisfaction of necessity
Must be approved by Parliament within 6 weeks
Can be withdrawn anytime
This mechanism gives legislative continuity to the powers and functions of the President of India.
Definition: An ordinance is a law promulgated by the President of India when the Indian Parliament is not in session. It has the same effect as an Act of Parliament but is only valid for a limited period.
Conditions for Promulgation: The President can only promulgate an ordinance when the Houses of Parliament is not in session. The President must be satisfied that circumstances require him to take immediate action.
Approval by Parliament: After the ordinance has been passed, it must be approved by Parliament within six weeks of reassembling. If either House disapproves, the ordinance will cease to operate.
Withdrawal: The President may withdraw an ordinance at any time. However, he exercises his power with the consent of the Council of Ministers, headed by the President.
Limitations: Ordinances may have a retrospective effect and modify or repeal any act of Parliament or other ordinances. It may be used to amend a tax law but can never amend the Constitution.
Veto Power of President of India
For a bill to become law, it must receive the President’s assent. When presented with a bill, the President can:
Give assent to the bill.
Withhold assent from the bill.
Return the bill for reconsideration (Article 111).
The executive’s veto power in modern states can be categorized into four types:
Absolute veto: refusal to assent to a bill passed by the legislature.
Qualified veto: can be overridden by the legislature with a higher majority.
Suspensive veto: can be overridden by the legislature with an ordinary majority.
Pocket veto: taking no action on a bill passed by the legislature.
Limitations on the Powers of President of India
While the President of India holds a high constitutional office with diverse powers, these powers are not absolute. The Constitution places several important checks to preserve democratic balance:
Aid and Advice of the Council of Ministers: As per Article 74, the President must act on the advice of the Council of Ministers headed by the Prime Minister. This limits unilateral decision-making.
No Independent Executive Power: The President cannot initiate or execute policies independently. Executive functions are performed in their name but are decided by the elected government.
Bound by the Constitution: Every action taken by the President must comply with the provisions of the Indian Constitution. The President acts as a guardian, not a controller of the Constitution.
Subject to Judicial Review: Presidential decisions, including ordinances or emergency declarations, can be reviewed by the judiciary. If found unconstitutional, they can be struck down by the courts.
Limited Discretion: Although discretionary powers exist, they are rare and exercised under exceptional circumstances, such as appointing a Prime Minister when no party has a clear majority.
These limitations ensure that the powers and functions of President of India are executed within the framework of a parliamentary democracy, maintaining a balance among the legislative, executive, and judicial branches.
Despite the President’s stature, their powers are limited by:
Mandatory aid and advice from the Council of Ministers
Inability to act unilaterally
Bound by Constitutional provisions
Subject to judicial review
These limitations reinforce democratic integrity and balance in the functions of President of India.
Conclusion
The Powers of President of India represent a careful balance between symbolic authority and practical power. Through the five powers of President of India, including executive, legislative, judicial, financial, and emergency powers, the President ensures the smooth functioning of India’s democratic machinery. The discretionary power of President, along with legislative powers of president of india, ordinance authority, and veto rights, further strengthens constitutional governance.
Understanding the powers and functions of President of India enables citizens to better appreciate the President’s role in maintaining unity, sovereignty, and constitutional integrity. As outlined across every major President Article, the role of President of India is pivotal in sustaining the world’s largest democracy.
The President of India holds powers including appointing the Prime Minister and Council of Ministers, issuing ordinances when Parliament is not in session, representing India internationally, commanding the armed forces, and appointing judges. They also summon or dissolve Parliament, enact laws with Parliament’s assent, and grant pardons and reprieves.
What are the superpowers of the president?
The president is expressly given the authority under the Constitution to sign or veto laws, order the military forces, request a written opinion from their Cabinet, call a meeting of Congress, issue pardons and reprieves, and accept ambassadors.
What are the powers and functions of the PM and the President?
Being in charge of executive power, the prime minister of India is the head of state. Article 60 states that the president’s constitutional duty is to uphold, defend, and maintain the law and the Constitution.
What are the 5 duties of the President in India?
The duties of the President of India include: appointing the Prime Minister and Council of Ministers, summoning and proroguing sessions of Parliament, and addressing it, appointing judges of the Supreme Court and High Courts, serving as the Supreme Commander of the Indian Armed Forces, and representing India in international affairs and treaties.
Who was the youngest president?
The youngest person to become U.S. president was Theodore Roosevelt, who, at age 42, succeeded to the office after the assassination of William McKinley. The oldest person inaugurated as president is Joe Biden, who was 78 years old.
Who is our President right now?
Smt. Droupadi Murmu was sworn in as the 15th President of India on 25 July 2022.
Authored by, Amay Mathur | Senior Editor
Amay Mathur is a business news reporter at Chegg.com. He previously worked for PCMag, Business Insider, The Messenger, and ZDNET as a reporter and copyeditor. His areas of coverage encompass tech, business, strategy, finance, and even space. He is a Columbia University graduate.
