Sunday 24 June 2012

POWERS OF THE PRESIDENT

  1. Administrative powers
    1. All executive actions of the Union Government are carried out under the name of the President
    2. Appoints senior officials like the Prime Minister, CJI, CAG, AG etc
    3. Directly controls the administration of the Union Territories
  2. Legislative Powers
    1. Nominates 12 distinguished public figures to the Rajya Sabha and 2 Anglo-Indians to the Lok Sabha
    2. Can summon and prorogue sessions of both Houses
    3. Can dissolve the Lok Sabha (but not the Rajya Sabha)
    4. All bills must receive the President’s assent before they become law
    5. Enjoys suspensive veto power that can be applied to non-money bills. No veto power on Constitutional Amendment Bills
    6. Can enact ordinances on Union and Concurrent List subjects. Can issue ordinances on State subjects, only if the state is under President’s Rule
  3. Financial Powers
    1. All money bills can originate in the Lok Sabha only on the recommendation of the President
    2. Controls the Contingency Fund of India
    3. Appoints a Finance Commission every 5 years to recommend tax distribution between the Union and states
  4. Judicial Powers
    1. Can pardon or reprieve the sentence of anyone punished under Union law
    2. Appoints the Chief Justice and other judges of the Supreme Court and High Courts
  5. Emergency Powers
    1. Can proclaim emergency after getting the recommendation of the Cabinet in writing
  6. Military Powers
    1. Appoints the Chiefs of the Army, Navy and Air Force
    2. Enjoys the power to declare war and peace
  7. Diplomatic Powers
    1. Appoints Ambassadors to foreign countries and receives their diplomats
    2. All international treaties are concluded on behalf of the President. However, these are subject to ratification by Parliament
  8. President’s Rule
    1. Can declare President’s Rule either on the advice of the Governor or on self discretion
    2. Such a proclamation must be laid down before Parliament within two months
    3. Cannot remain in force for more than one year
    4. The concerned State Assembly can be dissolved or suspended
  9. Discretionary Powers: The President almost always acts on the advice of the Council of Ministers except under the following circumstances
    1. Appointment of a Prime Minister from among contenders when no single party has a majority in the Lok Sabha
    2. A Council of Ministers is voted out/resigns and recommends dissolution of the Lok Sabha
    3. While exercising a pocket veto
    4. Disqualifying members of the Legislature
    5. Return the advice of the Council of Ministers once for reconsideration
Return a Bill passed by the Parliament once for reconsideration

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