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History & Civics

The President of India enjoys vast powers. In this context, explain :

(a) His executive powers

(b) His legislative powers

(c) His judicial powers.

Union Parliament

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Answer

(a) The executive powers of the President are given below:

  1. Head of the Union Administration — All executive orders are issued in the name of the President. All the Union officials are his subordinates.
  2. Control over State Governments — The Union Government may give necessary directions to a State. During President's rule the control of the Union Government over States is complete.
  3. Union Territories and Border Areas — The administration of the Union Territories and the Border Areas is the responsibility of the President.
  4. Appointment to key posts — The President appoints the Prime Minister, and the Council of Ministers on his advice. He summons the leader of the majority group in the Parliament and asks him to form the Government. He makes many other appointments to key posts to run the administration.

(b) The legislative powers of the President are given below:

  1. Addresses Sessions of Parliament — The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year. In this address he lays emphasis on the internal and external policies of the Government. The President has the power to address either House of Parliament or their joint sitting at any time.
  2. Messages to Parliament — He has the power to send messages to either House of Parliament either in the regard to any pending Bill or to any other matter.
  3. Dissolve the Lok Sabha — He can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.
  4. Nominate members to the Rajya Sabha — He nominates 12 members to the Rajya Sabha from among persons having distinguished themselves in field of literature, science, art and social service.
  5. Promulgating Ordinances — The President can promulgate an ordinance when the Parliament is not in session. However, it should be laid before both the Houses of Parliament for approval when they reassemble.

(c) The judicial powers of the President are given below:

  1. He is not answerable before any Court of Law for the discharge of his duties.
  2. No criminal suit can be initiated against him during his tenure of office.
  3. He has the power to grant pardon, to remit or suspend a sentence of punishment on any appeal for mercy. He can exercise aforesaid powers in following cases —
    1. in all the cases where the sentence is for an offence against any law contained in Union and Concurrent Lists.
    2. in all cases where the sentence is by a Court Martial.
    3. in all cases where there is a death sentence. He can commute even death sentence to imprisonment for life or otherwise in respect of an offender who has been sentenced to death by the Supreme Court.

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