Short Notes - Powers and Functions
Category : UPSC
Powers and Functions
Executive Powers- Article 53
All Executive powers of the Union are Vested in him. These powers are exercised by him either directly or through subordinate officers in accordance with the Constitution. The Supreme Command of the Defense Force is vested on the President.
- Executive powers are exercised in accordance with the Constitution ac-cording to the provisions of article 14 (equality before law).
- President appoints the Prime Minister and other ministers; and they hold office during his leasure.
- He appoints the Attorney General of India, Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the UPSC, the Governors of the states, the Chairman and the members of the Finance Commissions, etc.
- The President can appoint a commission to investigate into the conditions SCs, STs and OBCs.
- The President of India can grant a par don to or reduce the sentence of a convicted person for one time, particularly in cases involving unishment of death.
- The Legislative Powers
- The President can summon or end a session of the Parliament and dissolve the Lok Sabha.
- He can address the Parliament at the commencement of the first session after the general election and the first session of each year.
- He can also summon a joint sitting of both the houses of Parliament which is presided over by the Speaker of the Lok Sabha.
- The President can appoint a member of the Lok Sabha to preside over its proceedings the positions of Speaker as well as Deputy Speaker are vacant.
- He also can appoint any member of the Rajya Sabha to preside over its proceeding when both the Chairman's and Deputy Chairman's office fall vacant. He can nominate 12 members to the Rajya Sabha with extraordinary ac-complishments and two members to the Lok Sabha from the Anglo-Indian Community.
- His prior permission is needed for introducing bills in the Parliament.
- When a bill is sent to the President after it has been passed by the Parliament, he can give his assent to the bill or withhold his assent to the bill or return the bill (if it is not a Money Bill or a Constitutional Amendment Bill) for reconsideration of the Parliament.
- When a bill is passed by a State legislature is reserved by the Governor for consideration of the President, the President can give his assent to the bill, or withhold his assent to the bill or direct the Governor to return the bill (if it is not a Money bill) for reconsideration of the State Legislature.
- President can promulgate ordinances when both the Houses of the Parliament are not in session. These or dinances must be approved by the Parliament within the six weeks of its reassembly. The ordinance can be effective for a maximum period of six months and six weeks-Article 123.
Emergency Powers
- President may proclaim a state of emergency in the whole or part of India if he realises/feels that a grave situation has arisen in which the security of India or part of its territory might get hreatened by war or external aggression or rebellion. - Article 352
- The President can declare three types of emergencies:
National Emergency
- National emergency is caused by war, external aggression or armed rebel-lion in the whole of India or a part of its territory.
- President can declare national emergency only on a written request by the Cabinet Ministers headed by the Prime Minister and the proclamation must be approved by the Parliament within one month.
- It can be imposed for six months. It can be extended by six months by repeated parliamentary approval, up to a maximum of three years.
- Under national emergency, Fundamental Rights of Indian citizens can be suspended.
- The Right to Life and Personal Liberty cannot be suspended.
- Such an emergency has been invoked at three instances:
- 1962 (Indo-China war)
- 1971 (Indo-Pakistan war)
- 1975 to 1977 (declared by Indira Gandhi on account of "internal distur- bance").
State Emergency or President's Rule
A State Emergency can be imposed via the following:
- If that State failed to run Constitutionally, i.e. constitutional machinery has failed-Article 356
- If that State is not working according to the given direction of the Union Government - Article 365
- Such an emergency must be approved by the Parliament within a period of two months.
- It can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months.
- If needed, the emergency can be extended for more than three years, by a constitutional amendment, for example in the case of Punjab and jammu and Kashmir.
- During such an emergency, the Governor administers the State in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the State List. All money bills have to be referred to the Parliament for approval.
Financial Emergency: Article - 360
- President can proclaim a Financial Emergency if financial stability or credit of India or any part thereof is threatened.
- This proclamation must be approved by the Parliament within two months.
- This type of Emergency has not been declared so far.
Financial Powers
- A money bill can be introduced in the Parliament only with the President's recommendation.
- The President lays the Annual Financial Statement, i.e. the Union budget before the Parliament.
- President can make advances out of the Contingency Fund of India to meet unforeseen expenses.
- The President continues a Finance Commission after every five years to recommend the distribution of the taxes between the Centre and the States.
Diplomatic Powers
- International treaties and agreements are signed on behalf of the President. However, they are subject to approval of the Parliament.
- The President represents India in international forums and affairs and may send and receive diplomats like ambas sadors, high commissioners, etc.
Military Powers
- The President is the supreme commander of the defence forces of India.
- The President can declare war and conclude peace, subject to Parliaments' approval.
- The President appoints the chiefs of Army, Navy and Air Force.
Judicial Powers
- The President appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice.
- The President dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present.
- Under Article 72 the President has the right to grant pardon.
- The President enjoys the judicial immunity
- No criminal proceedings can be initiated against the President during his term in office.
- The President is not answerable for the exercise of his/her duties.
Veto Powers
- The President of India is vested with three—absolute veto, suspensive veto and pocket veto.
Absolute Veto
- It refers to the power of the President to withhold his assent to a bill passed by the Parliament. The bill then ends and does not become an act.
- In 1954 President Dr Rajendra Prasad withheld his assent to the PEPSU Appropriation Bill. The bill was passed by the Parliament when the President's Rule was in operation in the state of PEPSU.
- Again in 1991, President R Venkataraman withheld his assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill. The bill was passed by the Parliament (on the last day before dissolution of Lok Sabha) without obtaining the previous recommendation of the President.
Suspensive Veto
Sending the bill back to the Parliament for reconsideration and which can be over ridden by the Legislature with an ordinary majority.
Pocket Veto
In this case, the President neither ratifies nor rejects nor-returns the bill, but simply keeps the bill pending for an indefinite period.
- In 1986, President Zail Singh exer cised the pocket veto with respect to the Indian Post Office (Amendment) Bill.
- The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a Constitutional Amendment bill.
- Under Article 123 the President can promulgate ordinances when both he Houses of the Parliament are not in session. These ordinances must be approved by the Parliament within the six weeks of its reassembly.
The Vice-President
Part V Article (63-73)
- Article 63 of the Indian Constitution says that there should be a Vice-President of India.
- The Vice-President shall be the ex-officio Chairman of Rajya Sabha (Article 64).
- The Vice-President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by the House of the People (Lok Sabha). (Article 67)
- Vice President is entitled to a salary of Rs. 1,25,000 per month
- S Radhakrishnan (13-May-52 to 12-May-62) was the first Vice-President of India and Dr. Mohammad Hamid Ansari from ll-Aug-2007 is the incumbent Vice President of India.
Council of Ministers
- Art 74 (1): It provides that, "There shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President who shall in exercise of his/her functions act in accordance with such advice,
- Article 75 stipulates that the Prime Minister shall be appointed by the President. Other ministers shall be appointed by the President on the advice of the Prime Minister (Article 75 (i)).
- The Ministers hold .office during the pleasure of the President, but they cannot be removed so long as they have the support of the majority in the Lok Sabha, in fact, according to the Constitution, Ministers are collectively responsible to the Lok Sabha.
- If the Lok Sabha passes a 'no-confidence motion', the entire Council of Ministers including PM has to resign. A no-confidence motion is a legislative motion brought by the members of the Lok Sabha, expressing lack of trust in the Council of Ministers. That is why, it is said that the Ministers swim and sink together.
- Regarding the functions of the Council of Ministers, these are the same as those of the Prime Minister. The proceedings of the Cabinet or Council of Ministers are kept secret. The Council of Ministers is a large body of Ministers. We have seen during recent years, the top category, known as the Ministers of Cabinet rank are about 20 to 25 and they hold the charge of important ministries.
- Then there is a group of ministers, called Ministers of State, some of them hold independent charges of ministries while others are attached to Cabinet Ministers. Deputy ministers are attached to Cabinet Ministers or Ministers of State. The Cabinet meeting is attended only by the Ministers of Cabinet rank, but if need be the Ministers of State also may be invited to attend such meetings.
- Ministers may be taken from members of either House and minister who is member of one House has the right to speak and take part in the proceedings of the other House but cannot vote in the House of which he is not member (Art.88).
- A person who is not a member of either House can also become a minister for more than 6 months unless he secures a seat in either House of Parliament [by election or nomination) in the mean time (Art 75 (5).
- The Council of Ministers shall be collectively responsible to Parliament. (Art. 75 (3)
- Art 75 (2) envisages principle of individual responsibility which says that a minister shall hold office during the pleasure of the President.
Council of Minister (At center & State Level): Composition
The Prime Minister
Prime Minister is the real executive authority.
Article 74 & 75 says about Prime Minister's appointment, duration of his office and his responsibility.
- Art 74 (1): It provides that, "There shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President who shall in exercise of his functions act in accordance with such advice.
- Art 75 (1): The Prime Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Prime Minister.
- The Prime Minister holds pre-eminent position, second only to the President.
- He is principal advisor to the President and holds enormous powers.
- He presides over the meeting of council of Ministers.
- He allocates & reshuffles various portfolios among the Ministers.
- He guides, directs, controls & coordinates the activities of the Ministers.
- Along with other ministers he is also responsible to Lok Sabha and individually responsible to the President.
- He is the link between President and the Cabinet.
- 78 envisages duties of Prime Minister in respect of furnishing information to the President.
- Prime Minister is the key link between the Cabinet and the Parliament and keystone of Cabinet architecture.
- Present Prime Minister of India 2014: Narendra Damodardas Modi
- First female Prime Minister of India: Indira Gandhi
- Jawaharlal Nehru was the first Prime Minister and the longest serving.
- Gulzarilal Nanda is the first and the only acting Prime Minister of India.
- Lal Bahadur Shastri was the first PM who died abroad while in office in Tashkent. Gulzarilal Nanda has acted twice as the Prime Minister.
- Chaudhary Charan Singh the only PM never faced Parliament while being in office.
- Morarji Desai was the oldest PM and Rajeev Gandhi was the youngest PM.
- Atal Bihari Vajpayee (May 1996-June 1996) government had the shortest tenure 13 days.
