1.

According to the Indian Constitution, the President has got a lot of powers. Explain.

Answer»

The Powers of the President are divided into many categories. 

a) Executive Powers: As the Head of the Nation, he appoints all the persons holding important posts. The PM, Union Ministers, Governors, Finance Commission, Union Public Service Commission, Election Commission, etc are appointed by him. He also appoints Diplomats, Comptroller, and the Auditor General. He also dismisses them when necessary.

b) Legislative Rights: The President is also part of the Legislature. He has the authority to summon the Parliament, to abrogate it, to address it and to dismiss the LokSabha (85* Article). He nominates Members to the Parliament, issues Ordinances. His prior permission is needed to introduce Bills regarding special subjects like formation of new States and Money Bills. The most important thing is that for any Bill to become Law, his signature is necessary.

c) Judicial Powers: According to Article 72, the President has the power to stop, reduce and even cancel sentences, including death sentence, given by courts, including military courts. He has the power to appoint Supreme Court and High Court judges.

d) Military Powers: The President is the Commander-in-Chief. The authority to appoint Heads of our Armed Forces is vested on him. All his powers as the Commander-in-Chief will be subject to the Laws passed by the Parliament. 

e) Emergency Powers: He has Emergency Powers to overcome any Emergency. The Constitution has envisaged three kinds of Emergencies. 

i) National Emergency (352): He can declare emergency if there is a war, foreign attack or armed revolution threatening the security of the country or any of its parts. Such emergency needs the ratification of the Parliament in a month and if it is to continue during every six months. When an emergency is in force, the Central Government will have complete control over the State Legislatures and Executives. Moreover, the fundamental rights of the citizens except those in articles 21 and 22 will be suspended. Three times such emergencies were declared (1962, 1971 and 1975).

ii) State Emergencies or President’s Rule (356): This means the President has the power to assume the administration of any State if he feels that the conditions there have become so bad that the State government can’t rule there as per the provision of the Constitution. For that, one of the following conditions must exist: As per article 356, the President gets a report from the State Governor or the State Government fails to carry out the instructions of the Central Government. The Ordinance imposing President’s Rule in any State must be approved by the Parliament in two months’ time. By getting approval from the Parliament after six months, the President’s rule can be extended up to a year.

iii) Economic Emergency: If the President feels that the economic stability of the country is threatened, he can declare an economic emergency. When such an emergency is in place, the entire economic matters will be under the Central Government’s control. Such an emergency has not been declared so far



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